Rules & Laws

THE DABC RULES POSTED ON OUR WEBSITE ARE FOR GENERAL REFERENCE ONLY We go to great lengths to ensure that the rules posted here are free of errors, omissions and are the most current. The State of Delaware, Department of Public Safety, Division of Alcoholic Beverage Control, the DABC Webmaster and the facility hosting this site, assume no responsibility for any typographical errors, accidental omissions or rule amendments not presented by our website. An official copy of the DABC Rules may be downloaded from this web site or obtained from our Wilmington office.
RULE # 31
SUBJECT: A RULE GOVERNING THE RETURN OF ALCOHOLIC LIQUOR TO THE SELLER AFTER IT HAS BEEN RECEIVED BY THE PURCHASER.    No licensee, Wholesaler or retailer, shall accept the return of any alcoholic liquors sold by him if the delivery of the alcoholic liquor so sold shall have been accepted by the purchaser after immediate inspection. The purchaser, however, shall have the privilege of making an immediate inspection of the goods before receiving them. If a retail licensee after delivery determines that his order was incorrectly filled, he may return the incorrectly filled part of the order within thirty-six (36) hours after delivery or, with the permission of the Commissioner, at a later date. The Executive Secretary, in his discretion, may grant such permission.    This restriction shall not apply to alcoholic liquors purchased for a Gathering of Persons which remain on hand after the period for which the license has been issued, nor to alcoholic liquors sold to an individual consumer when returned because of a defect in quality.    Whenever a retailer's license terminates for any reason, all unopened and unused alcoholic liquors shall be returned to the importer from whom originally purchased, but such importer may with Commissioner approval reject any such alcoholic liquor as not being fit for resale. Upon such a determination, the unsalable alcoholic liquor shall be disposed of or returned to the former licensee as directed by the Commissioner.    Whenever an importers license terminates for any reason, the alcoholic liquors shall be disposed of in a manner approved by the Commissioner.    When the business of any licensee is temporarily suspended, the alcoholic liquors shall be stored or disposed of in a manner approved by tie Commissioner. Effective: February 2, 1967
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 32
SUBJECT: A RULE DEFINING AND REGULATING MULTIPLE ACTIVITY CLUBS LICENSED TO SELL TO GUESTS OF SUCH CLUBS AND GUESTS OF MEMBERS    A licensed club whose gross revenue from the sale of alcoholic liquor does not exceed 40% of its total annual revenue from all sources (determined by its books and records only after one year of operation as a licensed club) and which either: 1.    Serves meals at regular hours six days a week, or, 2.    Has a physical facility, regularly used by members of the club other than club rooms for the sale and service of food and alcoholic liquor and which facility is of a permanent nature and regularly used, i.e., tennis court, golf course, indoor pool, may apply for a Multiple Activity Club License. The holder of a Multiple Activity Club License must continue to have in good standing its club license. A Multiple Activity Club License permits the sale of alcoholic liquor to guests of the club or guests of its members At the time of application, and if the license is granted at all times thereafter, the Multiple Activity Club will keep accurate books. and records, which will be shown to the Commissioner or the Commissioner's agents at any reasonable time showing separately the gross revenue from the sale of spirits, wine or beer and the gross revenue from all sources including dues, fees, and assessments. An application for such license shall be made on forms supplied by the Commissioner and shall consist of: 1.    Application 2.    Financial Statement. 3.    Publishers' Certificates. 4.    An audit with supporting documents, showing gross revenue from all sources for one year prior to the application and gross revenue from the sales of alcoholic liquors. 5.    . An affirmation of the statements made in the application last filed with the Commissioner regarding the presently held license. 6.    A sworn description with supporting evidence of the dining program and/or the physical facility.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 33
SUBJECT: A RULE DEFINING AND REGULATING THE QUANTITIESOF SALES AND METHODS OF DELIVERIES OF CERTAIN OFF-PREMISES SALES BY LICENSEES    The holder of a license for the sale of retail of alcoholic liquor, not for consumption on the premises where sold, other than a licensed importer, may sell alcoholic liquors of the variety and quantity and to the persons permitted by the Liquor Control Act, as presently in force and as hereafter amended, and the merchandise so sold shall be delivered to the purchaser or his agent on the premises and removed by such purchaser or agent from the premises with the seals of the bottles unbroken. For the purpose of this sub-section only, the "premises" of a holder of a license for sale at retail shall be deemed to extend to the street or curb line of the public street, road or highway nearest to the front entrance of his establishment, or if there be no established street or curb line, then to the nearest edge of the street, road or highway nearest to the front entrance of his establishment, to a distance, however, of not more than 100 feet from such front entrance.    An importer may sell the variety of alcoholic liquor authorized by his license, to a person who is the holder of a license to purchase the same for resale, in such quantities as may be ordered by the purchaser, and shall transport the merchandise so sold from the importer's establishment to the establishment of the purchaser.    An importer licensed for the sale of beer is permitted under 4 Delaware Code, §101 to sell beer in half-barrel or quarter-barrel containers to the holder of a personal license. Such importer shall transport the beer so sold from his warehouse to the residence of the purchaser.    4Delaware Code, §101 permits an importer to sell alcoholic liquor to an active owner of a wholesale liquor business for the latter's personal use. Importers may sell to the active owners of their respective companies only the variety of alcoholic liquor authorized by the importer's license. Importers must sell only to those active owners who are holders of a license to purchase for personal stock even though the purchase may not exceed the quantities permitted to be purchased without a license. An importer shall not deliver the merchandise as sold, except beer in half-barrel or quarter-barrel containers.    Delivery of alcoholic liquor shall not be made by an importer to any place licensed for the sale of alcoholic liquor outside of the hours during which such place is authorized to do business. Sale and delivery by an importer to a person .who is the holder of a license to purchase for personal stock shall not be made after 10:00 P. M. of any day and before nine o'clock A. M. of the day following. Effective: February 1, 1960
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 34
SUBJECT: A RULE REQUIRING CERTAIN ESTABLISHMENTS LICENSED FOR THE SALE OF ALCOHOLIC LIQUOR TO MAINTAIN AND/OR SUBMIT CERTAIN RECORDS OR REPORTS CONCERNING PURCHASES AND INVENTORIES OF ALCOHLIC LIQUOR TO THE COMMISSIONER.    For the purpose of carrying out the duties and powers of the Commissioner as required by Section 304 (2) and (5) of the Liquor Control Act, the following is provided: I.   Each holder of a retailer’s license (except the holder of a Gathering License) shall keep and maintain upon the licensed premises records of invoices adequately and fully reflecting all purchases of alcoholic beverages. All invoices shall be systematically filed and maintained for a period of three years from date of delivery.     The records referred to in this rule shall be open to the inspection of this Commissioner or its designated agent at all reasonable hours. II.    SIGNATURES    Each report required by this rule shall be signed by the licensee, either the individual, authorized partner, and/or by the President and attested by the Secretary of the corporation. III.    IMPORTERS (a)    Monthly Reports Required    Considering the provisions of 4 Delaware Code, Sections 507 (a) and 718; the previous practice of this Commissioner and importers licensees; and the policy of consistency and accuracy of recording and reporting all purchases and sales, all importer licensees shall keep a true and accurate record of the quantities of alcoholic liquors purchased, sold, and on hand, and shall make monthly reports thereof, together with such other and further information as this Commissioner may from time to time require, upon forms provided for such purpose by the Commissioner.    Each monthly report shall cover the period from the last Saturday of the preceding month to the last Saturday of the current month and must be received by the Commissioner on or before noon of the fifteenth day following the last day of the month for which the report applies. (b)    Invoices    All importers shall submit to the Commissioner an invoice prepared in the form approved by the Commissioner covering each sale of alcoholic liquor. The invoices for each monthly period must be kept in numerical order and submitted to the Commissioner on or before noon of the fifth day following the last day of the period for which they apply. (c)    When there are No Sales or No Purchases or Both    All importers shall be required to file said reports even though there are no purchases or no sales of alcoholic liquor or both unless said importers have obtained from the Commissioner written authorization not to file the reports required by this Rule. That is, if an importer has no sales or no purchases or both during the applicable period under this Rule, the report filed with the Commissioner shall indicate such unless the importer is excused in writing by the Commissioner from filing such reports.                                                                                                                          The revised Rule is effective November 1, 1986
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 35
SUBJECT: A RULE GOVERNING THE ISSUANCE OF A LICENSE FOR A GATHERING TO BE HELD IN LICENSED ESTABLISHMENTS IN THE STATE OF DELAWARE    No license will be issued for a gathering where alcoholic liquor is to be offered for Gala in any establishment holding a license issued by the Commissioner.    Licenses for private gatherings to serve alcoholic liquor gratuitously may be issued to persons holding such gatherings at licensed clubs, hotels or restaurants with facilities, which, in the opinion of the Commissioner, are adequate to insure the privacy of such gatherings.    The application for such private gathering license shall indicate clearly the area of the club, hotel or restaurant where such gathering will take place and the license shall exclusively cover and pertain only to the described part of the premises.    All alcoholic liquors served at such private gathering must be purchased from the club, hotel or restaurant where the gathering is being held. All unused alcoholic liquors must be stored and locked immediately following the private gathering in storage cabinets set aside in the area used for the gathering. None of the alcoholic liquors may be removed from the specified area, except by employees of the licensed club, hotel or restaurant for the purpose of returning such alcoholic liquors to stock.    The Commissioner shall look to the holder of such private gathering license for compliance with the laws of Delaware and the rules and regulations of the Commissioner relating to alcoholic liquors. However, a violation of such laws, rules or regulations of the Commissioner shall be cause for the Commissioner to deny future applications for private gathering licenses on the promises of the club, hotel or restaurant where the violation occurred.    Every application filed in accordance with this rule shall be accompanied by the sum of $5.00, which shall be refunded if the application is not approved Effective: November 19, 1963
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 35.1
SUBJECT: GATHERING LICENSES    Purpose and Scope    This rule implements the definition of "gathering of persons" under the Liquor Control Act.    "Gathering of persons" or "gathering" means a banquet, picnic, bazaar, fair, or similar private gathering, or similar public gathering, where food or drink are sold, served, or dispensed by non-profit organizations such as churches, colleges, universities, volunteer fire companies, political parties, or other similar non-profit groups having a common civic, social, educational, or religious purpose, or where entrance tickets are sold or entrance fees are required by those non-profit organizations. A.   Gathering License: 1.    The organization must be non-profit as defined under the Liquor Control Act. 2.    The organization must submit proof of incorporation or file an alternative, for example, Articles of Association. 3.    Form 990 must be filed with the Delaware Alcoholic Beverage Control Commissioner. If the organization is new, proof from the Department of Treasury that non-profit status has been requested must be filed with the application. 4.    Religious organizations must file Form 1065. 5.    Political organizations must be registered and acknowledged by the Department of Elections. 6.    Application must be completed and submitted with proper fee. 7.    Daily gathering applications must be completed and submitted ten (10) working days prior to the scheduled gathering. 8.    A first-time inspection for a gathering must be conducted. B.    Renewal of Annual Gathering: 1.    Application with proper fee must be completed and submitted by October 1 in order to be acted on by the Commissioner prior to the end of the year. 2.    An annual inspection must be conducted. 3.    Applicable Form 990 or Form 1065 must be submitted. 4.    A list, with birth dates, of all individuals who are under the age of 21 must be submitted. C.    Variance:    The holder of a license to sell alcoholic beverages at a "gathering of persons" or "gathering" may apply, in writing, to the Commissioner for a variance in any of the requirements of this Rule for good cause shown; provided that such variance does not violate any provisions of the Liquor Control Act. D.    Severability:    If any provision of this Rule shall be declared invalid, the remaining portions of the Rule shall remain valid and effective. E.    Effective Date:                                                                                                         Approved and effective on June 14, 1990.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 36
SUBJECT: DELIVERY, SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION A.    Purpose and Scope    This rule defines the term "Delivery", "Sale", "Service" and "Consumption" of alcoholic liquors and prescribes the hours of the day when alcoholic liquors may be delivered, sold and consumed, under the provisions of 4 Del. C. § 709. B.    Definitions (1)    "Consumption" of alcoholic liquors means the act of drinking or eating alcoholic beverages, includes possession of an alcoholic beverage with the present ability to drink or eat it. (2)    "Delivery" of alcoholic liquors means the transfer of possession or custody of alcoholic liquors from one person to another. (3)    "Sale" of alcoholic liquors means to transfer ownership of alcoholic liquors, whether or not payment and delivery occur contemporaneously. (4)    "Service" of alcoholic liquors means the preparation, storage or delivery of alcoholic beverages. (5)    "Time of Day" means prevailing local time in the State of Delaware as fixed by Executive Order or pursuant to the Uniform Time Act of 1966, 15 U.S.C. §260, ET seq. C.    Prohibited Acts (1)    No person licensed by the Commissioner shall sell, serve or deliver alcoholic liquors on, in or from an establishment licensed for On-premises consumption between the hours of 1:00 A.M. and 9:00 A.M. No alcoholic liquors shall be consumed on licensed premises between the hours of 2:00 A.M. and 9:00 A.M. (2)    No person licensed by, the Commissioner shall serve, sell, deliver or permit another to consume alcoholic liquors on, in or from his licensed premises on the holidays prescribed in 4 Del. C. §709 unless permitted to do so by law or special license. APPROVED this l5th day of August, 1985.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 37
SUBJECT: FINANCIAL RESPONSIBILITY - PAYMENT REPEALED EFFECTIVE: FEBRUARY 7, 1990 Note: Repealed not to conflict with 4 Del. Code, Chapter 3, Section 304(b)
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 38
SUBJECT: A RULE TO REQUIRE THE POSTING OF A NOTICE OF SUSPENSION OF LICENSE UPON THE OUTER DOOR OF ALL LICENSED PREMISES UPON ISSUANCE OF ORDER OF SUSPENSION AND PROHIBITING ANY REMOVAL, TAMPERING WITH OR MUTILATION OF SUCH NOTICE DURING THE PERIOD OF SUSPENSION    Under the suspension of any license by order of the Commissioner under the provisions of Section 561, Chapter 5, Title 4, Delaware Code of 1953, there shall be placed conspicuously upon the outer door of the licensed premises by an officer of the Commissioner, a sign containing the legend "LIQUOR LICENSE SUSPENDED FOR VIOLATION OF THE LIQUOR CONTROL ACT". The design of such sign, including the lettering and coloring,    shall be as designated from time to time by the Commissioner. Such sign shall remain at all times the property of the Commissioner and shall, remain where so affixed by an officer of the Commissioner until removed    by order of the Commissioner. If the licensee whose license is suspended shall remove, tamper with or in any way mutilate such sign, or, directly or indirectly, cause such sign to be removed, tampered with or mutilated, such action shall be cause for the cancellation or revocation of the license and all persons responsible for such removal, tampering or mutilation shall be liable for any appropriate penalty under the Liquor Control Act. Effective: February 1, 1960
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 39
SUBJECT: A RULE TO PREVENT UNFAIR AND DISCRIMINATORY PRACTICES IN RELATION TO THE SALE OF ALCOHOLIC BEVERAGES NOT FOR CONSUMPTION ON THE PREMISES WHERE SOLD. REPEALED EFFECTIVE: November 20, 1960 STATE OF DELAWARE DEPARTMENT OF ADMINISTRATIVE SERVICES ALCOHOLIC BEVERAGE CONTROL COMMISSIONER 820 FRENCH STREET WILMINGTON, DELAWARE 19801 PHONE: (302) 571-3200    A Resolution to repeal Rule 39 of the Rules of the Delaware Alcoholic Beverage Control Commissioner.    WHEREAS, the Supreme Court of the United States, in its decision in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.# issued March.3, 1980, held that state-imposed liquor resale price maintenance is contrary to Federal antitrust laws unless clearly articulated and firmly expressed as state policy and actively supervised by the state, itself; and    WHEREAS, the Attorney General of the State of Delaware, on March 20, 1980, issued an opinion declaring that Rule 39 did not meet the Midcal Aluminum standards; and    WHEREAS, the Commission on March 20, 1980, voted to suspend enforcement of Rule 39, and on May 8, 1980, by unanimous vote reaffirmed its suspension of Rule 39; and    WHEREAS, the effects of the suspension of Rule 39, as evidenced by performance of the liquor market in the State of Delaware between March and October, 1980, reflect reductions in consumer prices of alcoholic liquor, increased revenues to the State and no significant increase in the number of business failures among establishments licensed to sell alcoholic liquor or consumption off of the premises where sold,    NOW, THEREFORE, this 20th day of November, 1980, it is    RESOLVED, that Rule Number 39 of the Rules of the Delaware Alcoholic Beverage Control Commissioner be, and the same hereby is, REPEALED.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 40
SUBJECT:A RULE PERTAINING TO GAMBLING ON LICENSED PREMISES I.    Purpose and Findings     The purpose of this rule is to promote the health, safety, and welfare of the citizens of this state by providing administrative guidelines for those establishments licensed by the Delaware Alcoholic Beverage Control Commissioner who elect to conduct legalized forms of gambling on their licensed premises.     It is the finding of the Commissioner that some licensed establishments provide various forms of gambling activities on their licensed premises. While it is not within the scope of the Commissioner's authority to regulate such gambling activities, the Commissioner does, however, recognize the authority to regulate the licensees and to insure that gambling activities taking place in licensed establishments are conducted in strict compliance with the State Constitution and other laws of this state pertaining to the regulation of gambling II.    Authority     The Commissioner may adopt and promulgate any rule deemed necessary to carry out the Commissioner's lawful mandate, provided that such rules are not inconsistent with Title 4 of the Delaware Code or of any other law of the state, and all such rules shall have the force and effect of law [4 Del. C. §304 (a) (1)).     The Commissioner notes that all establishments licensed by the state to sell alcoholic liquor are subject to administrative sanctions for unlawful acts committed by licensees, or their employees, in connection with the operation of a licensed establishment. III.    Applicability         This rule shall govern establishments licensed by the Commissioner to sell alcoholic liquor either on or off the premises or both, who elect to conduct legal forms of gambling on the licensed premises.     IV.    Procedure     It shall be the responsibility of every holder of a license issued by the Commissioner who conducts, or intends to conduct, any gambling activity authorized by the State Constitution, or other statute of the Delaware Code, to obtain the necessary licenses or permits as required by the appropriate issuing authority prior to conducting any such gambling activity.         Any licensee of the Commissioner who has legally obtained a license or permit to conduct gambling activities on their licensed premises shall be responsible to insure that the gambling activity is conducted in strict accordance with the rules and regulations of the issuing state authority V.    PROHIBITED ACTS:     No establishment licensed by the Commissioner for the sale of alcoholic beverages either on or off the licensed premises shall engage in, or knowingly permit any patron, employee, staff member or other person under their employ, supervision, direction or control, to engage in or promote any form of illegal or unlicensed gambling activity on the licensed premises in any manner not consistent with the Constitution of this state, or any criminal or civil statute of the Delaware Code. VI.    Severability:     If any part of this rule is held to be unconstitutional or otherwise contrary to law, then it shall be severed and the remaining portions shall remain in full force and effect. VII.    Effective Date                                                                                        This rule shall be effective on December 15,1994
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act