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 # 61
SUBJECT: A RULE GOVERNING COVER CHARGES AND MINIMUM CHARGES BY LICENSED ESTABLISHMENTS A.    Any hotel, restaurant, club, food concessionaire at a horse racetrack, dinner theater, bowling alley, caterer or taproom licensed for the sale of alcoholic beverages shall be permitted to charge a cover charge at any time live entertainment is actually being provided by the licensee, provided that any licensee charging a cover charge shall prominently display the fact that a cover charge is being made, both at the entrance to the premises and upon the licensee's menu. Payment of the cover charge shall entitle the patron to admission to the premises and observance of the entertainment being offered only. B.   Any of said licensees may also impose a minimum charge upon the following conditions: 1.    The charge shall be only for food or beverage to be sold, and such food or beverage must be provided on the patron's choice and request from the regular menu or the usual offering in the establishment. 2.   The amount of the minimum shall not be changed more than once daily. 3.    The amount of the minimum charge must be prominently displayed at the entrance to the premises and upon the menu, and the fact that such a charge is made must be part of any advertisement of the licensee. A minimum charge shall be distinguished from a cover charge. Upon payment of the minimum charge, the customer shall be entitled to food or beverage in an amount of equal value to the charge paid. C.    Effective Date:  This rule shall be effective on July 1, 1984
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 62
SUBJECT: A METHOD FOR DETERMINING MINIMUM DISTANCES BETWEEN ESTABLISHMENTS In computing the distance, pursuant to 4 Del. C., Chap. 5, §543, from a proposed establishment to a licensed establishment by accessible public road or street, the measurements shall be taken as follows: 1.    The measurements shall begin and end at that part of the individual establishment which is available to the public and closest to the other establishment. In general, one would start measuring at the front corner of the proposed establishment nearest to the existing licensed establishment of the same type. In multiple purpose buildings, in which a liquor establishment is not the primary use, the measurement shall be made from the portion of the building used for the existing licensed establishment, and the measured distance shall include corridors, etc., when necessary to reach the nearest accessible public road or street. 2.    Straight lines shall then be drawn from these terminal points, and at right angles thereto, to the center of the adjoining means of ingress and egress. 3.    The lines shall then continue to follow .the center lines of regular or established traffic patterns (pedestrian or vehicular) until a public road or street is reached at its center line. The lines shall be drawn to the center of the nearest regular or established traffic pattern for vehicular traffic. 4.    The lines shall continue on the center lines of public roads or streets until they meet. 5.    Except where impracticable lines shall be drawn at right angles to each other and shall be straight. 6.   In all cases, the shortest distance from a proposed establishment to a licensed establishment shall be used as the distance between the two, and said shortest distance shall be measured only by accessible public road or street and the Commissioner may consider motor vehicle traffic directions, patterns and barriers and pedestrian traffic patterns. EFFECTIVE: July 7, 1977
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 63
SUBJECT: A RULE CLARIFYING THE ADVERTISING REQUIREMENTS FOR SECTION 524, 4 DELAWARE CODE For the purpose of clarifying Section 524, 4 Delaware Code, the Delaware Alcoholic Beverage Control Commissioner adopts the following: One of the notices shall appear in a Delaware daily or weekly newspaper circulated within a five-mile radius of the premises to which the license is to apply. The other notice shall appear in any other Delaware newspaper circulated within the county in which the license is to apply. This rule shall be effective on July 1, 1984
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 64
SUBJECT: A RULE GOVERNING TIME WITHIN WHICH TO PAY A FINE; PENALTY FOR FAILURE TO PAY A FINE APPEAL. TIME WITHIN WHICH TO PAY A FINE A.    Whenever the Commissioner shall impose a fine on a licensee as authorized by the Liquor Control Act, as amended, or the Rules of this Commissioner, that licensee shall have thirty days from the date of the written decision setting forth the fine to pay the fine in full to the Commissioner, counting the date of the written decision as the first day. The thirty-day period shall apply to all fines unless otherwise provided by the Commissioner. The Commissioner may, on its own or on application of a licensee subject to a fine, increase or decrease the period of time within which a fine is to be paid. FAILURE TO PAY A FINE B.   If a licensee has been ordered by the Commissioner to pay a fine and has failed to pay the fine in full to the Commissioner by the deadline set by this Rule or by the Commissioner, the licensee shall be immediately cited for a violation of this Rule. APPEALS C.    The provisions of this Rule shall not apply to a licensee who has appealed from the decision of the Commissioner so long as the appeal is pending. Unless the fine is increased or decreased by order of the Commissioner, the licensee who is still required to pay a fine after an appeal is finalized, shall have fourteen days from the date the appeal is finalized to pay the fine in full to the Commissioner, counting the date the appeal is finalized as the first day. Effective: JULY 7, 1977
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 65
SUBJECT: BOWLING ALLEY LICENSEES Pursuant to 4 Del. C. X512 (f), the Delaware Alcoholic Beverage Control Commissioner is empowered to issue licenses for the sale of alcoholic beverages to the operators of bowling alleys for consumption on the bowling alley premises. 1.    For the purposes of the Liquor Control Act, a bowling alley is defined as any bowling alley operation having ten bowling lanes in use for a period of at least six months. 2.    The licensed area of the bowling alley encompasses the entire bowling alley premises including the concourse and lane areas.. 3.    Pursuant to 4 Del. C. §713 (a)(1), no person shall sell any alcoholic liquor to any individual who has not reached the age of 20 years. 4.    Pursuant to 4 Del. C. §714, no holder of a license for the sale of alcoholic beverages in a bowling alley operation shall sell alcoholic beverages between the hours of 1:00 a.m. and 9:00 a.m. The sale of alcoholic liquor shall be permitted in a licensed bowling alley on every day of the year; provided that no such licensee shall be required to be open to sell alcoholic liquors on any of the holidays specified in subsection (e) of this section. 5.   (a) Alcoholic liquor may be sold only at such places within the public area at the bowling alley as are authorized by the Delaware Alcoholic Beverage Control Commissioner. (b) Alcoholic liquor shall not be sold in a glass, can or bottle. Spirits and wine must be sold in crushable, transparent plastic containers. All beer must be sold in crushable plastic or paper containers with the work "beer" printed thereon in ink. (c) The dispensation of alcoholic beverages must be at a counter separate from the counter from which food and/or snacks are dispensed. 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 and storage facilities for alcoholic liquor shall be approved by the Commissioner prior to their use. 6.  The provisions of File 22 shall apply to bowling alleys. In addition, all storage facilities at serving bars or counters shall be kept locked at all times when not attended. 7.    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 bowling alleys and .the persons in charge thereof, insofar as the same may be applicable thereto. However, a bowling alley licensee shall not be bound by the two-meal and menu requirements of Rule 19 of this Commissioner. 8.    The provisions of Rule 21, with the exception of sections (c) and (g) shall apply to bawling alleys. 9.   The fee for a bowling alley license will be $225.00. 10.    The fee for a bowling alley license to sell alcoholic liquor on Sundays will be $200.00. EFFECTIVE: DECEMBER 20, 1980
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 66
SUBJECT: CATERERS Pursuant to 4 Del. C. §512 (g), any caterer as defined by. 4 Del. C. §101 (6) may apply for a license to purchase alcoholic beverages and keep and sell such alcoholic liquors either by the glass or by the bottle for consumption on any portion of the premises of the caterer approved by the Commissioner for that purpose. 1.    Caterers are empowered to sell alcoholic beverages pursuant to a license issued by the Delaware Alcoholic Beverage Control Commissioner only while providing the food and beverages at social gatherings held on the caterers' licensed premises. 2.    The sale of alcoholic beverages shall only be allowed at events such as weddings, dinners, benefits, banquets, or other similar events for consideration pursuant to a written contract setting forth the price per person at the catered event, except that a cash bar may be utilized in conjunction with the catered event. 3.    Persons not of sufficient age to consume alcoholic liquors shall be allowed and permitted to be on the licensed premises of the caterer so long as all of the other provisions of the Liquor Control Act and the rules of this Commissioner are being complied with. 4.   Rules 2, 3, 9, 21, 22, 27, 28, 30, 31, 34, 37, 38, 40, 41, 42, 44, 48, 49, 50, 53, 54, 55 and 56 shall apply to caterers in their entirety. EFFECTIVE: February 24, 1977
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 67
SUBJECT: A RULE CONCERNING THE MANUFACTURE OF WINE Pursuant to 4 Delaware Code, Chapter 5, Section 502, the Delaware Alcoholic Beverage Control Commissioner is empowered to license the manufacture of alcoholic liquor. The license to manufacture wine shall be subject to all applicable rules of the Delaware Alcoholic Beverage Control Commissioner and the provisions of the Liquor Control Act as amended found in Title 4 of the Delaware Code, and specific but not limited to, Rules 2, 3, 8, 10, 13, 14, 16, 27, 44, 46, 51 and 54 shall apply to the manufacture of wine. In addition, the licensee shall be subject to the federal requirements published by the Department of the Treasury, Bureau of Alcohol, Tobacco, and Fire Arms. Prior to the issuance of a license for the manufacture of wine, the applicant must furnish the following to the Commissioner: 1.   A copy of the Certificate of Approval by the Bureau of Alcohol, Tobacco, and Fire Arms for the establishment of a winery; 2.    Federal Basic Permit; 3.   Federal Label Approval; 4.    A copy of all forms required by the federal government in connection with the establishment and operation of a winery; 5.    A current, valid, written franchise with a licensed Delaware Importer; 6.    Prior price postings in accordance with the Commissioner's requirements which shall be kept current after a license is issued; 7.   Initial price postings of the manufactured product; 8.    Copies of all bills of lading and invoices must be kept on file. 9.    It shall further be required that a license be paid for prior to the licensed year beginning April 1 and extending through March 31; 10.    All applications for renewal shall be submitted on or before January 2. All requirements in Rule 51 concerning penalty for failure to file applications timely and in the form required shall be applicable. 11.   A minimum production of 500 gallons per licensed year shall be maintained. 12.    There shall be no retail sales transacted from the licensed premises, nor shall there be any communicating doors or passageways between the licensed premises and any non-living areas, as well as living quarters. 13.   All buyers from out of state shall place their orders for wine on forms supplied by the Commissioner. A copy of the bill of lading showing the type and brand of wine shipped shall be mailed to the Commissioner by the manufacturer shipping such wine out of state, on the day shipment is made. 14.    No order for out-of-state deliveries shall be released by the licensee until approval is granted by the Commissioner, which, in no instance, shall be granted prior to the remittance of the applicable tax. EFFECTIVE: September 6, 1979
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 68
SUBJECT: PURCHASE AND SHIPMENT OF ALCOHOLIC LIQUORS AND ETHYL ALCOHOL FOR RELIGIOUS, INDUSTRIAL AND MEDICAL USE: PROCEDURES, STANDARDS AND FEES A.    Purpose and Scope The purchase, shipment and use of alcoholic liquors an ethyl alcohol for religious, industrial and medical use is authorized by Delaware law. This rule establishes the procedure for purchase, shipment and storage of alcoholic liquor and ethyl alcohol for such use in Delaware. B.    Licensing/Permits (1)    Alcoholic liquors may be purchased by pharmacists and sold on receipt of a prescription of any physician for medical purposes, without a permit or license from the Commissioner. (2)    Alcoholic liquors may be purchased by a physician, dentist or veterinarian for professional purposes without a permit or license from the Commissioner. (3)    Alcoholic liquors may be purchased for professional purposes by a person in charge of Commissioner approved institutions which provide services as a hospital or sanitarium for the care of persons in ill health, or as a home devoted exclusively to the care of aged persons, without a permit or license from the Commissioner. (4)    Alcoholic liquors may be purchased by any Commissioner approved hospital for the purpose of compounding medicines, without a permit or license from the Commissioner. (5)    Wine for sacramental purposes may be purchased by any established religious sect or church, as approved by the Commissioner, without a permit or license from the Commissioner. (6)    Ethyl alcohol may be purchased by any pharmacist, physician, dentist, veterinarian or Commissioner approved research laboratory, without a permit or license from the Commissioner. C.    Procedure (1)    Any authorized person or institution desiring to purchase, and bring into the State for professional or religious use, any alcoholic liquor in excess of one (1) gallon (.26417 liters per gallon), shall first submit a request in writing to the Commissioner. The request shall contain: (a)    The name and title of the person requesting the purchase; (b)    The brand name and type of alcoholic liquor; (c)    The amount to be purchased; (d)    The name and address of the out-of-.state supplier. (e)    The name and address of the office, pharmacy or institution to which the alcoholic liquor will be delivered; (f)   The cumulative total, by gallons, excluding this request, previously purchased during the calendar year. (g)   Method and name of shipper if available, (2)    Any authorized person or institution wishing to purchase and bring into the State, ethyl alcohol in excess of one gallon shall: (a)    Request the appropriate order (invoice) form from the Commissioner; (b)   Complete the order (invoice) form, mailing the vendor and Commissioner copies as appropriate; (c) Consider the order (invoice) approved if Commissioner disapproval is not received. The Commissioner shall also notify the vendor of disapproval and cancel the order; (d)    Resubmit the order (invoice) in compliance with Commissioner directive in each disapproval; (e)    In all approved orders (invoices) notify the Commissioner upon delivery (receipt), and hold each order "in hand" until released by the Commissioner, after inspection and confirmation of the quantity delivered; (f)    Not be liable for any tax on approved and received orders (invoices). (3)    Each shipper of any ethyl alcohol as provided for in (2) above shall: (a) Notify the Commissioner of the estimated delivery date; (b) Deliver each shipment directly to the vendee, and notify the Commissioner of the delivery on the date delivered; (c) Provide the Commissioner with a copy of the bill of lading (way bill) within 72 hours of delivery; (d)    Not be held liable under Title 4, Del. C., Chapter 7, Section 722(b), providing 2(c) and 3(a) and (c) above are complied with. D.    Penalties (1)    Any person or institution who interferes with or hinders any investigation of infringements of this rule of the contents of Title 4, Delaware Code, shall be fined or imprisoned under the provisions of Title Delaware Code, Chapter 9, Sections 907 and 910 as appropriate. E.    Administrative Fees (1)    Each vendee or individual request submitted under the provisions of C. (1) or (2) above shall be accompanied by a non-refundable one-time enforcement fee of $10.00. (2)    Any vendee which anticipates processing 5 or more requests under the provisions of C. (2) above may pay a one-time non-refundable enforcement fee of $50.00 for the calendar year, in lieu of the fee provided for under E. (1) above. (3)    For the purpose of the annual fee, a period of 1 January - 31 December shall be used, and pro-rate reduction based upon remaining months shall not be allowed. (4)    Any return release inspection, under C. (2) (e) above, by agents of the Commissioner, for any single order shall incur an additional enforcement fee of $25 for each inspection trip, such fee payable by the vendee. (5)    No fees shall be charged for any sacramental wine purchased or ordered in accordance with this rule. F.    Effective Date. This rule shall be effective on 1 July 1983 and the annual fee provision under E (2) shall be effective on 1 January 1984.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 69
SUBJECT: SEVERABILITY If any rule of this Commissioner shall be declared invalid by a court of competent jurisdiction, all remaining rules shall remain valid and in full force and effect. If a portion of any rule of the Commissioner shall be declared invalid, the remaining portion of said rule shall remain valid and in full force and effect. This rule shall apply to all rules of the Commissioner, regardless of their dates of enactment. This rule shall be effective on July 1, 1984.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 70
SUBJECT: A RULE PERTAINING TO DRUG ACTIVITIES ON LICENSED PREMISES EFFECTIVE DATE:    April 1, 1990 I.    PURPOSE This rule implements and clarifies the grant of authority to the Commissioner contained in 4 Del. C., Section 304 (a) (2) to control the time, place, and manner in which alcoholic liquors shall be sold and dispensed. In accordance with this statute, alcoholic liquors shall not be sold or dispensed in any manner inconsistent with Title 4, the Liquor Control Act, or any other law of this state. By the promulgation of this rule, the Commissioner finds that alcoholic beverages may not be sold in a place that is also used to deliver, possess, or consume illegal drugs, or deliver or possess illegal drug paraphernalia, or illegal hypodermic syringes or needles, or to conspire or solicit such activities. The Commissioner finds that illicit drug activities on licensed premises encourages additional unlawful behavior including acts of violence. Such conditions interfere with public convenience and lawful access to licensed establishments. The Commissioner, therefore, finds licensees have an obligation to prevent this type of activity on their licensed premises. The Commissioner recognizes, in promulgating this rule, that illicit drug activities are often conducted surreptitiously and that it would be inappropriate to hold a licensee responsible for such behavior. However, licensees may not ignore or act negligently in policing conditions on licensed premises which would lead a reasonable person to conclude that illegal drug activity is occurring. An affirmative defense is, therefore, provided to the licensee under this rule who takes the prescribed action. II.    APPLICABILITY This rule shall govern the manner in which all licensees, agents of licensees, and employees of licensees, conduct themselves concerning illegal drug activity on premises licensed by the Delaware Alcoholic Beverage Control Commissioner. As provided in 4 Del. C., Section 561 (b), a violation of this rule may be grounds for a fine, suspension, or cancellation of a license issued pursuant to this Chapter. III.    PROHIBITED PRACTICES No licensee, its agents or employees, shall suffer, permit, or participate in any illegal drug activity on the premises of a licensed establishment, or in a vehicle licensed by the Commissioner, that is prohibited by the Uniform Controlled Substance Act of the State of Delaware, Title 16, Chapter 47, or the Delaware Criminal Code, Title 11, Chapter 5, Sub-Chapter I, of the Delaware Code of 1974 as amended. It is an affirmative defense to the prosecution of a violation of this rule that the licensee, its agent, or employee, immediately contacted law enforcement officials when said licensee became aware through actual or constructive notice that a violation of 16 Del. C., Chapter 47, or 11 Delaware Code, Chapter 5, Sub-Chapter I, of the Delaware Code of 1974, as amended, had occurred, was occurring, or was about to occur on their licensed premises. IV.    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. V.    EFFECTIVE DATE The effective date of this rule shall be April 1, 1990
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act