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 # 51
SUBJECT: A RULE REQUIRING THE BIENNIAL RENEWAL OF WHOLESALE, RETAIL, AND ANNUAL GATHERING LICENSES Background On July 1, 1990, the law requiring the annual renewal of licenses was changed to a biennial requirement (once every two years). As a result, each licensee, based on location, will be designated as either an even or odd year applicant for license renewal purposes. In order to arrange licensees into the even/odd year system, it will be necessary to initially renew all wholesale licenses and all retail licenses in New Castle County, Sussex County, and the City of Wilmington for periods of time that are less than twenty-four months and at a prorated fee. All Kent County retail licenses and all gatherings will be for two years from the date of their next renewal and paid at the full fee. Various sections of this rule have been identified as transitional in nature and should be followed only until the required action and time period have been satisfied. The transitional procedures in this order are designed to phase all licensees into a two (2) year renewal system with a relatively equal number of renewals in each system. Purpose The purpose of this rule is to establish a procedure for the biennial renewal (every two years) of alcoholic beverage licenses pursuant to Chapter 5, Title 4 of the Delaware Code.      a. Wholesalers, annual gatherings, Sussex County retailers, and the City of Wilmington retailers shall renew their licenses during even-numbered years.      b. Kent County and New Castle County shall renew their licenses during odd-numbered years.      c. All licensees are required to file an application for the renewal of their license three months prior to its expiration date. I.   WHOLESALER LICENSES (Even-Numbered Years) Transitional Procedure:      All wholesalers shall apply for the renewal of their license in the form required by the Commissioner on or before January 1, 1991, which license, if approved, will be effective for one year from April 1, 1991, through March 31, 1992. Permanent Procedure:      Effective January 1, 1992, all wholesalers must apply for the renewal of their license in the form approved by the Commissioner on or before January 1 of each even-numbered year. All licenses issued by the Commissioner to wholesalers shall be for a two-year period beginning April 1 of each even-numbered year and ending March 31 of the following even-numbered year. II.   GATHERING LICENSES (Even-Numbered Years) Transitional Procedure:      All applications for the renewal of biennial gathering licenses must be submitted by October 1, 1990, and, if approved, will be effective from January 1, 1991 to December 31, 1992. Permanent Procedure:      Effective October 1, 1992, all applications for the renewal of biennial gathering licenses must be submitted in the form required by the Commissioner on or before October 1 of each even-numbered year. All biennial gathering licenses issued by the Commissioner shall be for a two-year period beginning January 1 of each odd-numbered year and ending December 31 of the following even-numbered year. III.   RETAIL LICENSES - SUSSEX COUNTY (Even-Numbered Years) Transitional Procedure:      All licensees in Sussex County shall apply for the renewal of their license in the form required by the Commissioner on or before July 1, 1991, which license, if approved, will be effective for one year from October 1, 1991, through September 30, 1992. Permanent Procedure:      Effective July 1, 1992, all retail licensees in Sussex County must apply for the renewal of their license in the form required by the Commissioner on or before July 1 of each even-numbered year. All licenses issued by the Commissioner to locations in Sussex County shall be for a period of two years beginning October 1 of each even-numbered year and ending September 30 of the following even-numbered year. IV.   RETAIL LICENSES - CITY OF WILMINGTON (Even-Numbered Years) Transitional Procedure:      All licensees in the City of Wilmington shall apply for the renewal of their license in the form required by the Commissioner on or before October 1, 1990, which license, if approved, will be effective for eighteen months from January 1, 1991, through June 30, 1992. Permanent Procedure:      Effective April 1, 1992, all retail licensees in the City of Wilmington must apply for the renewal of their license in the form required by the Commissioner on or before April 1 of each even-numbered year. All licenses issued by the Commissioner to locations in the City of Wilmington shall be for a period of two years beginning July 1 of each even-numbered year and ending June 30 of the following even-numbered year. V. RETAIL LICENSES - KENT COUNTY (Odd-Numbered Years) Transitional Procedure:      All licensees in Kent County must apply for the renewal of their license in the form required by the Commissioner on or before July 1, 1991, which license, if approved, will be effective for two years from October 1, 1991, through September 30, 1993. Permanent Procedure:      Effective July 1, 1993, all retail licensees in Kent County must apply for the renewal of their license in the form required by the Commissioner on or before July 1 of each odd-numbered year. All licenses issued by the Commissioner to locations in Kent County shall be for a period of two years beginning October 1 of each odd-numbered year and ending September 30 of the following odd-numbered year. VI. RETAIL LICENSES - NEW CASTLE COUNTY (Odd-Numbered Years, A to K) . Outside of the City of Wilmington whose applicant name (corporate, partnership, or proprietary name, and not trade name) starts with an alphabetical letter of "A" to "k". Transitional Procedure:      All licenses in New Castle County (A to K) must apply for the renewal of their license in the form required by the Commissioner on or before April 1, 1991, which license, if approved, will be effective for twenty-one months from July 1, 1991, through March 31, 1993. Permanent Procedure:      Effective January 1, 1993, all retail licensees (A to K) in New Castle County must apply for the renewal of their license in the form required by the Commissioner on or before January 1 of each odd-numbered year. All licenses issued by the Commissioner to locations in New Castle County (A to K) shall be for a period of two years beginning April 1 of each odd-numbered year and ending March 31 of the following odd-numbered year. VII. RETAIL LICENSES - NEW CASTLE COUNTY (Odd-Numbered Years, L to Z) Outside of the City of Wilmington whose applicant name (corporate, partnership, or proprietary name, and not trade name) starts with an alphabetical letter of "L" to "Z". Transitional Procedure:      All licenses in New Castle County (L to Z) must apply for the renewal of their license in the form required by the Commissioner on or before April 1, 1991, which license, if approved, will be effective for two years from July 1, 1991, through June 30, 1993. Permanent Procedure:      Effective April 1, 1993, all retail licensees (L to Z) in New Castle County must apply for the renewal of their license in the form required by the Commissioner on or before April 1 of each odd-numbered near. All licenses issued by the Commissioner to locations in New Castle County (L to Z) shall be for a period of two years beginning July 1 of each odd-numbered year and ending June 30 of the following odd-numbered year. VIII. PENALTY FOR FAILURE TO FILE APPLICATIONS AS REQUIRED A. Fine      Any licensee who does not timely file the application for renewal as required by Section A or Section B of this Rule, or does not file the application for renewal in the form (including the fee) required by the Commissioner, or both, shall pay a fine as outlined in Rule 71 implementing the voluntary fine assessment plan:      1. First violation, $100 fine and administrative costs.      2. Second violation, $250 fine and administrative costs.      3. Any application for renewal received after three (3) calendar months from the time required in Section A or Section B of this rule, or any licensee who has committed a third or subsequent offense under this rule, shall be cited for a violation of this rule and the matter shall be heard by the Commissioner. B. Collection of Fine and Right to Hearing      The fine shall be collected as outlined in Rule 71, III Procedure. If a licensee chooses a hearing before the Commissioner, then Rule 71, IV penalties and administrative costs, will be implemented. C. Non-Renewal of License until Fine is Paid      When a fine is validly imposed under this Rule, the license shall not be renewed until the fine is paid in full. D. Meaning of "Timely Filing"      In order for any application to be timely filed under this rule, it must be received by the Commissioner or clearly marked with a post office cancellation on or before the deadline required by this Rule. IX. THIS RULE DOES NOT AFFECT REVOCATIONS, CANCELLATIONS, SUSPENSIONS OR FINES      Nothing in this Rule shall affect or limit the authority of the Commissioner to revoke, cancel or suspend a license, to impose a fine or to issue a license for a period of time less than two years. Further, nothing in this Rule shall prohibit a licensee from surrendering the license or allowing it to expire. X. Approved and effective on October 1, 1990.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 51.1
SUBJECT: A RULE REQUIRING THE ANNUAL RENEWAL OF SUPPLIER'S LICENSES I.    Background     All suppliers are required by the Delaware Liquor Control Act to be licensed by the Delaware Alcoholic Beverage Control Commissioner. All new licensees, including those who have allowed their license to lapse, are required to pay an application processing fee pursuant to 4 Del. C., §501(x); however, any supplier applicant seeking a license to import fifty (50) cases or less per year shall not require a hearing and not be required to pay the application processing fee. Should the holder of a license to import fifty (50) cases or less per year apply for a license to import over fifty (50) cases, he/she will be required to pay the full $500.00 application processing fee. II.    Purpose     The purpose of this rule is to establish a procedure for the renewal of suppliers that are licensed under Chapter 5, §501(a), which states:         Before any person sells any alcoholic liquor intended for importation into this state, he shall procure from the Commissioner a supplier's license in the form to be prescribed by the Commissioner and shall pay therefore an annual fee in the amount of $25.00 to be permitted to sell not more than fifty (50) cases of alcoholic liquor for importation into the state during the calendar year or an annual fee in the amount of $250.00 to be permitted to sell more than fifty (50) cases of alcoholic liquor for importation into this state during the calendar year. III.    Procedure     A.    On August 15, or the next business day of each calendar year, the Delaware Alcoholic Beverage Control Commissioner will mail an application renewal form to all licensed suppliers.     B.    All suppliers shall apply for the renewal of their license in the form required by the Commissioner on or before October 1 of each calendar year.     C.    On or before the first day of the month preceding the annual expiration date, December 31, of the supplier's license, the Commissioner shall render its decision upon each renewal for the supplier's license properly and completely made to the agency in compliance with III-B above.     D.    If the supplier fails to comply with III-B above, but renews its license prior to December 31, it will be subject to late renewal penalties as outlined in Section IV of this rule.     E.    If the supplier fails to submit a renewal application, along with the fee, by December 31, the license will expire, and the supplier will be prohibited by law from shipping alcoholic liquor into the state as of January 1.     F.    If alcoholic liquor is shipped into the state by an unlicensed supplier, all alcoholic liquor may be seized under the provisions of 4 Del. C., Chapter 11.     G.    Suppliers who allow their license to expire shall be required to file a complete application, including the $500.00 processing fee, before being issued a new license unless they apply for a license to ship fifty (50) cases or less per year. IV.    Penalty for Failure to File Applications as Required     A.    Fine:         Any supplier who does not timely file an application for renewal as required by III-B, or does not file the application for renewal in the form required by the Commissioner including the fee, or both, shall pay a fine as outlined in Rule 71 implementing the voluntary fine assessment plan.         1.    First Violation:             $100.00 fine and administrative costs.         2.    Second Violation:             $250.00 fine and administrative costs.             3.    Any application for renewal of a licensee who has committed a third or subsequent offense under this rule shall be cited for a violation of this rule and the matter shall be heard by the Commissioner.     B.    Collection of Fine and Right to Hearing:         The fine shall be collected as outlined in Rule 71, III, Procedure. If a licensee chooses a hearing before the Commissioner, then Rule 71-IV, Penalties and Administrative Costs, will be implemented.     C.    Non-Renewal of License Until Fine is Paid:         When a fine is validly imposed under this rule, the license shall not be renewed until the fine is paid in full.     D.    Meaning of "Timely Filing"         In order for an application to be timely filed under this rule, it must be received by the Commissioner, or clearly marked with a post office cancellation, on or before the deadline required by this rule.         Nothing in this rule shall affect or limit the authority of the Commissioner to revoke, cancel, or suspend a license, to impose a fine, or to issue a license for a period of time less than one year. Further, nothing in this rule shall prohibit a licensee from surrendering the license or allowing it to expire. V.    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. VI.    Effective Date     This rule shall be effective on September 1, 1993.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 52
SUBJECT: A RULE PROHIBITING THE USE OF SERVICE COUNTER IN HOTELS AND RESTAURANTS BY MINORS. Minors are forbidden to sit or stand at a service counter where alcoholic beverages are dispensed in a hotel or restaurant. Effective: July 1, 1961
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RULE # 53 - Verified on:
SUBJECT: WITNESSES AND EVIDENCE All witnesses shall be sworn in all proceedings hereunder. The rules of evidence applicable to the Superior Court of the State of Delaware shall be followed insofar as practicable, provided, however, that evidence will be considered by the Commissioner which, is its opinion, possesses any probative value commonly accepted by reasonably prudent men is the conduct of their affairs. The Commissioner may, in its discretion, disregard the customary rules of evidence and legal procedures. Effective:    October 1, 1961
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RULE # 54
SUBJECT: A RULE REGARDING REMOVAL OF ALCOHOLIC LIQUORS FROM LICENSED PREMISES DURING HOURS PROHIBITED FOR SALE No holder of any license, except the holder of a Ships Chandler License, shall remove or permit the removal of alcoholic liquor from the licensed premises during the times when sale or delivery thereof is prohibited for sale under Section 709, Chapter 7, Delaware Code of 1953. This Rule shall not apply to any person properly removing a bottle of alcoholic liquor with partially consumed contents from a hotel, restaurant, club, dinner theater, or horse racetrack licensed pursuant to 4 Delaware Code, Section 512. Violation of this Rule by any licensee shall be sufficient cause for suspension of cancellation of that license. Effective Date:    This Rule shall be effective immediately.
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RULE # 55
SUBJECT: A RULE PROHIBITING SALES OR REMOVAL OF ALCOHOLIC BEVERAGES FROM PREMISES WHILE LICENSE IS SUSPENDED. In a case where the Commissioner for any violation suspends the license of a licensee, said licensee must, under no circumstances stake any sales or in any manner dispose of the liquor in the licensee's possession during the period of suspension. In the event that it appears that a sale or any disposition of liquor has been made, said licensee shall be cited to appear before the Commissioner for a hearing and if found guilty, his license shall be revoked. Furthermore, when a license has been suspended it is required that the exact inventory which was on the premises at the time of suspension shall be on the premises when the license is reinstated. Before the license is reinstated an inspector of the Delaware Alcoholic Beverage Control Commissioner shall take physical inventory to determine that nothing has been removed. Effective: March 7, 1962
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RULE # 56 AS AMENDED
SUBJECT: A RULE DEFINING CASH For the purpose of properly, controlling the manner in which alcoholic liquors are sold by licensees of this Commissioner and pursuant to the power granted to the Commissioner by 4 Delaware Code, Chapter 3, Section 304 (1) and. (2) and 4 Delaware Code, Chapter 3, Section 309, the following rule is hereby adopted and approved: No sale of alcoholic liquors by any licensee of this Commissioner shall be made except for cash. For the purpose of this rule the word "cash" shall mean: In the case of a Package Store, Restaurant-OFF License, Hotel-OFF License, Taproom-OFF License and Club-OFF License, payment in cash, in currency, a valid check of a banking in institution (operating in the State of Delaware) or nationally known or local bank credit cards, before any alcoholic liquor is permitted to leave the premises; In the case of a Tavern or Taproom, payment in cash or currency upon delivery of drinks to table or service counter; In the case of a Restaurant, payment upon the completion of service and before the patron leaves the premises by cash, check, currency or nationally known or local bank credit cards; except in cases where the restaurant has its own credit card system and the charge of alcoholic liquors has been in conjunction with the service of full course meals to each person being served and/or consuming the alcoholic liquors, this may be accepted as cash; In the case of a Hotel, payment upon completion of stay or service by cash, currency, valid check or by nationally known or local bank credit cards. In the case where a Hotel has its own credit system, this may be accepted as cash; In the case of a Caterer, payment upon the completion of service and before the patron leaves the premises by cash, check, currency or nationally known or local credit cards; this may be accepted as cash; In the case of Clubs where provision is made in their Rules or By-Laws for members to have charge accounts, payments by cash, currency or check within sixty (60) days with all accounts of the previous month being settled in full by the last day of the following month; In the case of a Ships Chandler, payment by cash, currency or check within sixty (60) days with all accounts of the previous month being settled in full by the last day of the following month. EFFECTIVE :    February 24, 1977
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 57
SUBJECT: A RULE IN REGARDS TO PUBLICATION OF INTENT TO APPLY FOR LICENSE APPLYING TO MANUFACTURERS IN OR IMPORTERS OF ALCOHOLIC LIQUOR IN THE STATE OF DELAWARE Any person proposing to manufacture in or import alcoholic liquor into the State of Delaware, shall comply with all of the publication requirements as set forth in 4 Del. C., Section 524. Furthermore, any holder of a license to manufacture in or import alcoholic liquor into the State of Delaware, who wishes to change the location of his wholesale place of business or his warehouse from one location to another, or who wishes to open an additional place of business or another warehouse, shall be required to advertise this fact in accordance with the requirements of 4 Del. C., Section 524. Effective: January 9, 1963
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 58
SUBJECT: THE RULE DESCRIBING THE PLACE AND MANNER IN WHICH ALCOHOLIC LIQUOR IS TO BE SOLD AT RACE TRACKS Any holder of a license to sell beer and /or spirits and wine at any race track is prohibited from selling it except in the following prescribed manner: 1. (a)    Alcoholic liquor may be sold only at such places within the public area at the track as are authorized by the Delaware Alcoholic Beverage Control Commissioner. (b)    Alcoholic liquor shall not be sold in a glass, can or bottle, except in the dining room area of the club house. Spirits and wine must be sold in crushable, transparent plastic containers, other than in the dining room area of the club house. All beer must be sold in crushable plastic or paper containers with the word "beer" printed thereon in ink, other than in the dining room area of the club house. (c)    Stands or bars where alcoholic liquor is sold shall be clearly segregated and partitioned off from other concession areas. No other commodity shall be sold or dispensed therein. Such stands, storage facilities for alcoholic liquor and proposed inventory control records shall be approved by the Commissioner prior to the use of such items. (d)    All storage facilities at serving bars or counters shall be kept locked at all times when not attended. 2.    All rules and regulations of the Commissioner and all provisions of the Liquor Control Act as amended specifying the time and the manner in which alcoholic liquor may be sold, served or dispensed in a restaurant and regulating the business conducted therein, shall apply to and govern all establishments licensed as race tracks and the persons in charge thereof, insofar as the same may be applicable thereto. However, a race track licensee shall net be bound by the two-meal and menu requirements of Rule 19 of this Commissioner. 3.    Any food concessionaire dispensing food. at a horse race track licensed by this Commissioner who desires to sell alcoholic liquor on Sundays in accordance with 4 Del., C., Sections 717 (g) and 717A of the Liquor Control Act shall file an application in the form required by the Commissioner for such privilege.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 59
SUBJECT: A RULE LIMITING THE QUANTITIES OF ALCOHOLIC BEVERAGES TO BE PURCHASED BY IMPORTERS. Rule 59 is repealed in its entirety. EFFECTIVE DATE:    November 1, 1986
ules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 60
SUBJECT: A RULE CONCERNING ISSUANCE OF TEMPORARY LICENSES TO RESTAURANTS AND HOTELS Temporary licenses may be issued to restaurants and hotels upon submission of properly filed application forms. Temporary licensees shall be required to make all purchases of alcoholic liquor on a C.O.D. basis. The denial of a permanent license by the Commissioner, after a hearing, shall automatically revoke the temporary license. The filing of a timely protest may, in the discretion of the Commissioner, result in the revocation of the temporary license. A showing of financial responsibility shall be required before issuance of a temporary license and a financial statement shall be filed within thirty days after the issuance of a temporary license. The license fees for the three-month temporary licenses and a Sunday license shall be one-half of the annual fee for such licenses. No portion of such temporary license fees shall be refunded upon the surrender or revocation of the temporary license. Temporary licenses shall be surrendered to the Commissioner within ten days of approval of the application for a permanent license. Temporary licensees are required to comply with all applicable laws of the State of Delaware and regulations of the Delaware Alcoholic Beverage Control Commissioner. EFFECTIVE: July 7, 1977
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act