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 # 71
SUBJECT: A RULE PERTAINING TO VOLUNTARY FINE ASSESSMENT I.    PURPOSE This rule implements the grant of authority to the Commissioner contained in Title 4, Chapter 9, Section 915, of the Delaware Code of 1974, as amended, to create a voluntary fine assessment plan for any licensee who pleads guilty to any violation of the Commissioner's rules. II.    APPLICABILITY In accordance with 4 Del. Code, Section 915 (1989 Cum. Supp.) agents of the Division of Alcoholic Beverage Control shall have authority to offer a voluntary fine assessment agreement to any licensee who violates any of the Commissioner's rules, except the criminal offenses set forth in Title 4. A.   When a licensee chooses to plead guilty to violating a Commissioner rule and pay a voluntary fine under this plan, said licensee shall be deemed to have waived his/her right to and shall forego a hearing in accordance with 29 Del. Code, Section 10125, before the Commissioner. B.    Said licensee shall also be deemed to have waived any right to appeal relating to the offense(s) under both the Liquor Control Act, Title 4 of the Delaware Code, and the Administrative Procedures Act, 29 Del. Code, Chapter 100. C.    This plan shall not apply to any criminal violations that are filed by the Enforcement Section of the Division with the Commissioner solely pursuant to the Liquor Control Act, Title 4 of the Delaware Code of 1974, as amended. D.    Any licensee who elects to participate in the voluntary assessment plan shall have the right to withdraw a guilty plea by notifying the Commissioner, in writing, of the decision to withdraw said guilty plea within ten (10) days of the date that the voluntary fine assessment form is executed by the licensee. III.    PROCEDURE A.    Licensees cited for a violation of Commissioner rules who accept the investigating agent's offer to participate in the voluntary fee assessment plan shall sign the voluntary fee assessment form. B.   The execution of said form shall constitute an admission of guilt to the violation, and the licensee shall send the appropriate remittance by check or money order to the Commissioner on or before the due date stated on the voluntary fee assessment form. In all cases, the due date shall be thirty (30) days from the date of violation. C.    The Director of the Division of Alcoholic Beverage Control shall establish the form(s) and procedures within the Division of Alcoholic Beverage Control that are necessary to carry out the requirements of this rule. IV.    PENALTIES AND ADMINISTRATIVE COST A.    The schedule of penalties and administrative cost established for violations covered by the voluntary fine assessment plan are as follows: (i)    First Violation: A one-hundred dollar (5100) fine. (ii)    Second Violation Of the Same Offense Within Two (2) Years: A two-hundred and fifty dollar ($250) fine. (iii)    Third and Subsequent Violations of the Same Offense Within Two (2) Years: Mandatory hearing before the Commissioner with penalties, if any, pursuant to provisions of the Liquor Control Act and, where prescribed, the specific penalty ranges of the violated rule. (iv)    Administrative costs for all voluntary fine assessments shall be added at a rate of 15% of the amount of the fine. B.    The aforementioned schedule of penalties, when used as part of a guilty plea under the voluntary fine assessment plan, shall supersede any provision of any Delaware Alcoholic Beverage Control Commissioner rules that prescribes specific penalties. C.    Should any licensee decline the option of using the voluntary fine assessment plan, a "notice of violation" shall proceed to a hearing and, upon a conviction, the Commissioner shall follow the penalty provisions of Title 4, Section 914, of the Delaware Code of 1974, as amended, and, where prescribed, the specific penalty ranges of the violated rule. D.    Where a licensee chooses to pay a fine under this plan, such licensee shall have waived all rights to the calculation of fines pursuant to Title 4, Section 914, of the Delaware Code of 1974, as amended. E.   Failure by a licensee to pay a fine, as agreed, by the due date, as indicated on the voluntary fee assessment form, may result in the licensee being cited for a violation of Rule 64 and a hearing being scheduled before the Commissioner in accordance with 29 Del. Code, Section 10125. The violation shall be treated as a separate violation to the underlying violation listed on the voluntary assessment form. V.    REPORTING The Director of the Division of Alcoholic Beverage Control shall report to the Commissioner on a monthly basis the name, violation(s), fine, and date of all voluntary assessments that are issued. 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 The rule shall become effective on April 1, 1990.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 72
SUBJECT: A RULE PERTAINING TO THE SALE OF ALCOHOLIC LIQUORS BY PRIVATE COUNTRY CLUBS I.    History A.    The Commissioner grants multiple activity club licenses to private country clubs that satisfy the definition for this particular class of license (4 Del. C., Section 101 [24]) and meet the requirements of the Commissioner's rules governing multiple activity clubs (Delaware Alcoholic Beverage Control Commissioner Rules 18 and 24). In addition, many non-profit, charitable organizations are granted gathering licenses pursuant to 4 Del. C., Section 514(b) and Commissioner Rule 35 to sell alcoholic liquors on the grounds and golf courses of private country clubs, outside of the licensed club house. The issuance of both types of licenses is consistent with the intent of the Liquor Control Act, which is to make alcoholic liquors available to members and guests, who are of legal drinking age, under strictly controlled conditions. B.   It is the finding of the Commissioner that the private country clubs licensed to sell alcoholic liquors in Delaware have established and enforced reasonable rules and guidelines governing the conduct of their members and guests. Responsible and lawful behavior is required of all members and guests. On various occasions, the Commissioner has approved the extension of country club liquor licenses to include areas of the grounds and golf course outside of the normally licensed club house. These events have been held for many years without incident. Several country clubs have now requested approval to expand their liquor license to allow for the sale and consumption of alcoholic liquors on the grounds and golf courses that they operate. Requests have been made to allow the selling of alcoholic liquors from concessionaire stands and mobile golf carts, and to permit the consumption of alcoholic liquors on the entire premises controlled by the country club. II.    Purpose This rule is promulgated pursuant to the Commissioner's authority to regulate the time, place, and manner in which alcoholic liquors are sold and dispensed (4 Del. C., Section 304). In addition, it is the purpose of this rule to implement and clarify the Commissioner's authority to license a multiple activity club, in this case a private country club, to sell alcoholic liquors for consumption on any portion of the premises approved by the Commissioner [4 Del. C., Section 512 (a)]. In accordance with these statutes alcoholic liquors may be sold or dispensed in a manner consistent with Title 4 of the Delaware Code and Commissioner Rules. By the promulgation of this rule, the Commissioner finds that alcoholic liquors may be sold and consumed on the grounds and golf courses of private country clubs that have been approved by the Commissioner in accordance with the provisions of this rule. III.    Definition; as used in this Rule Country club means a privately owned and operated facility that provides social activities and recreation to its members, and operates a golf course. It must also be licensed by the Commissioner as a multiple activity club. IV.    Applicability This rule shall govern the manner in which private country clubs sell and dispense alcoholic liquors outside of the licensed clubhouse. In addition, all other applicable laws and rules shall apply to all extension of a multiple activity club license. V.    Procedure A.    The Commissioner may approve the sale and dispensing of alcoholic liquors on the grounds and golf courses of privately owned and operated country clubs provided, however, that they comply with the requirements that follow: (1)    Submit to the Commissioner a diagram or plot plan that is drawn to scale and that clearly indicates the area(s) in or on which the sale, dispensing, and consumption of alcoholic liquors is requested; (2)    Submit to the Commissioner a copy of the club's rules that govern the conduct of its' members and guests; (3)    Submit to the Commissioner a written plan detailing the procedures it will follow to insure responsible and moderate consumption of alcoholic liquors on its premises; (4)    Submit to the Commissioner proof that its' employees who serve, handle or manage the service of alcoholic liquors have successfully completed a Commissioner approved responsible beverage server training program. B.   The Commissioner may deny an application to extend a multiple activity club license if the applicant fails to provide for the responsible sale, handling, and consumption of alcoholic liquors or the extension of such a license is otherwise found to be adverse to the best interest of the public, adjoining property owners or the clubs members and guests. In addition, the Commissioner may revoke the extension of a country club's multiple activity club license for just cause. C.    The Commissioner may grant an extension of a country club's multiple activity license to permit consumption of alcoholic liquors on golf courses and grounds, provided that it is lawfully purchased on the premises. In addition, the Commissioner may approve the sale of alcoholic liquors from golf carts and concessionaire stands on the golf course provided that all alcoholic liquors are securely stored when not being offered for sale. D.   Gathering licenses may not be issued for any area of a country club that is part of its licensed premises, including any portion of the premises to which its liquor license has been extended. E.    The Executive Secretary may grant the extension of a multiple activity club license held by a country club subject to the ratification of the Commissioner at its next regularly scheduled hearing. There shall be no additional fee for the extension of a country club license. VI.    Severability If any provision of this Rule shall be declared invalid, the remaining portion of this Rule shall remain valid and enforceable. VIII.    Effective Date This Rule shall be effective on October 1, 1991.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 73
SUBJECT: STANDARDS FOR SERVER TRAINING PROVIDERS 1. Purpose and Applicability: This Rule shall govern the training curricula, examination, and certification standards for all Commissioner-approved server training courses. 2. Training Standards and Curricula: Server training programs shall meet the requirements of Title 4, Ch. 12, in order to be approved by the Commissioner. 3. Recognition and Approval Process: Independent contractors, private individuals, or educational institutions seeking approval to provide server training pursuant to 4 Del. C., Chapter 12, shall proceed as follows:     3.1. Submit a letter of intent to the Chief of Enforcement, Division of Alcoholic Beverage Control, and include copies of all training curricula, materials, examinations, and certification cards.     3.2. The Chief of Enforcement shall review and evaluate the training program. If the program meets the requirements of this rule and the Liquor Control Act, the Chief of Enforcement shall submit a written report to the Executive Secretary supporting the programs conformity to the Liquor Control Act and Commissioner Rules.     3.3. The Executive Secretary shall schedule the program application for consideration before the Commissioner at its next regularly scheduled hearing.     3.4. The Commissioner shall review the request for program certification and the Chief's recommendation and either approve or deny the application for certification. 4. Training Certification:     4.1. Training certification cards issued by the provider must be approved by the Commissioner and shall display the following information: Trainee's full name, date of birth, expiration date, and instructor's signature.     4.2. All Commissioner-approved server training providers shall administer a Commissioner-approved written examination at the conclusion of each server training class. The minimum passing score for the examination shall be 80 percent. The training provider may only issue a Commissioner-approved certification card to each attendee who obtains a minimum passing score of 80 percent.     4.3. The server training provider shall submit proof of training certification for each person certified by the provider to the DABC Chief of Enforcement within seven working days of the date of certification. The proof of certification shall list the following information for each trainee: Full name, date of birth, social security number, and date trained.     4.4. No Commissioner-approved server training provider shall knowingly issue a server training certification card to any individual who has not successfully completed the provider's training course as approved by the Commissioner.     4.5. The Commissioner may suspend or revoke the training privileges of any server training provider who violates the provisions of this rule or the Liquor Control Act. 5. Severability: If any part of this Rule is held to be unconstitutional or otherwise contrary to law it shall be severed and the remaining portions shall remain in full force and effect. 6. Effective Date: This rule shall be effective on.May 17, 1997.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 73.1
SUBJECT: SANCTIONS FOR CERTIFIED ALCOHOLIC BEVERAGE SERVERS WHO VIOLATE THE LIQUOR CONTROL ACT OR COMMISSIONER RULES 1. Purpose and Findings The purpose of this rule is to establish administrative sanctions for certified alcoholic beverage servers who violate the Liquor Control Act ("LCA") or Delaware Alcoholic Beverage Control Commissioner ("Commissioner") rules. The Commissioner finds that certification cards issued by server training providers are revocable permits under the Liquor Control Act, as licenses, and may be subject to administrative sanctions, including suspension or revocation. 2. Applicability This rule shall govern administrative sanctions imposed upon certified alcoholic beverage servers who violate the Liquor Control Act or Commissioner rules while performing their duties as commercial servers of alcoholic liquor in licensed establishments. 3. Certification of Training All persons who have been certified by a Commissioner-approved server training provider shall be issued a certification card issued by the provider that must display the following information: Trainee's full name, date of birth, expiration date, and instructor's signature.     3.1. All certified servers are required to carry this card on their immediate person while serving alcoholic beverages in any establishment subject to the provisions of 4 Del. C., Chapter 12.     3.2. No person shall make any false statement or other misrepresentation of fact to obtain a server training identification card.     3.3. No person shall possess, or present to any Enforcement Agent or employee of the Division of Alcoholic Beverage Control, as proof of program certification, a fictitious, altered, or fraudulently obtained server training identification card.     3.4. No person shall present a fictitious, altered, or fraudulently obtained server training identification card to any licensee of the Commissioner during the process of seeking employment with said licensee.     3.5. No person certified by the Commissioner as a trained alcoholic beverage server shall sell, serve, or promote the sales of alcoholic beverages in a manner not consistent with the rules of the Commissioner or the Liquor Control Act.     3.6. No licensee shall encourage or knowingly permit any employee or staff member or other person under their employ, supervision, or direction, to sell, serve, or promote the sales of alcoholic beverages in any manner not consistent with the Liquor Control Act or rules of the Commissioner. 4. Administrative Procedures     4.1. Enforcement Agents of the Division of Alcoholic Beverage Control may administratively cite any licensee or Delaware certified alcoholic beverage server for violating provisions of the Liquor Control Act or Commissioner rules.     4.2. A certified alcoholic beverage server who violates the Liquor Control Act or Commissioner Rules shall be notified of the alleged violation by the investigating agent as promptly as is possible.     4.3. A Notice of Violation will be mailed "Return Receipt Requested" to the server. The server shall have ten (10) working days after receipt of the notice to request a hearing by the Commissioner.     4.4. Should a certified alcoholic beverage server fail to request a hearing after receiving notice in conformity with 29 Del. C., §10122, the server shall be assessed by the division the sanction listed in Section "5" below which may then be ratified by the Commissioner at its next regularly scheduled meeting.     4.5. If a server timely requests a hearing before the Commissioner pursuant to 29 Del. C., §10125, he/she shall be placed on the next available agenda before the Commissioner and shall retain the rights set forth in 29 Del. C., §10122. 5. Sanctions     5.1. If the Commissioner finds that a certified beverage server has violated the Liquor Control Act or Commissioner rules, the Commissioner may impose any or all of the sanctions that follow:         5.1.1. Require the server to participate in public service speaking engagements at server training classes presented by the Commissioner. The topic and number of speaking engagements shall be determined by the Commissioner; or         5.1.2. Require the server to re-take the mandatory server training program; or         5.1.3. Suspend the training certification of the alcoholic beverage server for a period determined by the Commissioner.     5.2. Suspension of server training certification shall preclude that person from employment as an alcoholic beverage server in those establishments covered by 4 Del. C., Ch. 12. Any establishment employing a person whose alcoholic beverage training certification has been suspended may be subject to administrative sanctions pursuant to 4 Del. C., Ch. 12.     5.3. The Commissioner may deny server training certification privileges to any person who fraudulently obtains, or attempts to fraudulently obtain server training certification. 6. 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. 7. Effective Date This rule shall be effective on May 17, 1997.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 74
SUBJECT: A RULE PERTAINING TO THE TRANSCRIPTION OF TESTIMONY TAKEN BEFORE THE DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSIONER I.    Purpose The purpose of this rule is to ensure that an accurate and complete record is kept of proceedings before the Delaware Alcoholic Beverage Control Commissioner (Commissioner) and that transcription of the record complies with the Administrative Procedures Act and Liquor Control Act and is prepared in a timely manner for the purpose of appeal. II.    History Prior to the adoption of this rule, it had been the practice of the Commissioner to pay for the transcription of the record of all proceedings where a decision of the Commissioner was appealed to the Superior Court. This practice is not required by the Administrative Procedures Act. III.    Authority The Commissioner's authority to adopt this rule is found in the Liquor Control Act. The Commissioner shall adopt and promulgate rules and regulations not inconsistent with Title 4 of the Delaware Code of 1974, as amended, or of any other law of the state, and all such rules and regulations shall have the force and effect of law. 4 Del. C. , §304 (a)(1) . In addition, the Commissioner may make any regulation it deems necessary for carrying out Title 4 of the Delaware Code of 1974, as amended, respecting its internal economy and the conduct of its business, and may amend or repeal any such regulation. 4 Del. C., §309 In the case of license applications [4 Del. C., §541(b)] and any case involving suspension or cancellation of a license [4 Del. C., §562 (a)], the Commissioner is required to make and keep a full and complete record of the hearing; however, the record need not be transcribed unless the matter is appealed to the Superior Court. The Commissioner's authority to adopt this rule is also found in the Administrative Procedures Act. Specifically, when adopting, amending, or repealing a regulation, the Commissioner is required to make a record from which a verbatim transcript can be prepared and the expense of preparing any transcript shall be borne by the person requesting it. 29 Del. C., §10117(2) When hearing cases including, but not limited to, licensing applications and violations of the Liquor Control Act, the Commissioner is required to make a record from which a verbatim transcript can be prepared at the request and expense of any party. 29 Del. C., §10125(d) In promulgating this rule, the Commissioner is bringing its practices and procedures into conformity with the Administrative Procedures Act and those agencies covered by that act pursuant to 29 Del. C., §10161. Also, in promulgating this rule, the Commissioner finds that a party to a matter before the Commissioner who files an appeal to the Superior Court or seeks relief from any other court is deemed, in order to comply with the filing requirements, to have requested a full and complete transcript of all testimony in the matter being appealed. IV.    Applicability This rule shall apply to all appeals, including extraordinary writs, contesting any rule or regulation adopted by the Commissioner. It shall also apply to all appeals of any decision, including extraordinary writs, affecting the denial or issuance of an alcoholic liquor license and the cancellation, suspension, or other administrative sanction imposed on a licensee. V.    Procedure A.    Immediately upon filing an appeal of any matter heard before the Commissioner, the appellant shall notify the Commissioner in writing of the need for a transcript. B.    The Commissioner staff shall make arrangements for the preparation of a transcript. The appellant shall pay the Commissioner's court reporter directly for the expense of transcribing the record and the cost of two (2) copies. C.    Upon payment, the court reporter shall forward the original transcript and two (2) copies to the Commissioner. D.   The Commissioner shall certify the transcript and file the original and one (1) copy with the court. One (1) copy shall be retained by the Commissioner and placed in the licensee's file. E.    Failure by the appellant to pay the proper remittance directly to the court reporter will result in the Commissioner being unable to certify and file the transcript with the court. In summary, the cost of any transcript of record required by the Superior Court or any other court on review of a decision of the Commissioner shall be borne by the party taking the appeal to the Superior Court or any other court. Such appellant shall be responsible for the costs of any transcript(s) required by the court(s), plus the cost of a copy for the licensee's file. 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 immediately upon its adoption by the Commissioner. This rule is adopted pursuant to 29 Del. C., §10113(b)(2), the Administrative Procedures Act, as a rule of practice and procedure used by the Commissioner.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 75
SUBJECT: A RULE PERTAINING TO THE CLOSING OF PACKAGE STORES, TAVERNS AND TAPROOMS I.    Purpose. The purpose of this rule is to standardize procedures for closings of package stores, taverns and taprooms while ensuring that residents of the neighborhoods in which the licensees operate are still able to make a lawful purchase of alcoholic beverages with reasonable convenience. This rule also incorporates by reference the policy directive issued by the Commissioner on January 6, 1988 which provides that licensees which close for periods of fourteen days or less in any calendar year or which vary their operating hours during a fourteen day period of time are not required to obtain Commissioner approval, provided that proper notice is given to the public. II.    Authority. The Delaware Alcoholic Beverage Control Commissioner is authorized pursuant to 4 Del. _C. §304(a)(1) and (2) to adopt rules governing the time, place and manner in which alcoholic beverages are sold and dispensed throughout the state. III.    Applicability. This rule shall apply to all package stores, taverns and taprooms licensed by the Commissioner. IV.    Closings for Fourteen Days or Less. Licensees shall not be required to notify the Commissioner in order to close their establishments for a cumulative period of fourteen days or less in any calendar year or in order to change their hours of operation during such a limited period of time; provided, however, that any licensee which closes for fourteen days or less or temporarily changes its hours of operation shall conspicuously post notice of that fact at all public entrances to the licensed premises. V.    Closings for More Than Fourteen Days. A.    Procedures. Whenever a licensed package store, tavern or taproom intends to close for a period of more than fourteen days in any calendar year, or intends to close on specific days which when considered cumulatively amount to a period of more than fourteen days in any calendar year, the following procedure shall be followed: 1.    The licensee shall submit a letter of intent to the Commissioner which must include the specific dates during which the licensee intends to be closed and the reasons for which the licensee intends to close. The letter of intent must be filed at least twenty days but not more than sixty days before the first day on which the licensee intends to close. 2.    The letter of intent filed with the Commissioner shall be accompanied by certificates of the publishers of two newspapers circulated in the county in which the license operates. From the certificates it shall appear that the licensee has caused to be circulated in such newspapers at least three times within the period of twenty days immediately preceding the filing of the letter of intent with the Commissioner, a notice setting forth the intention of the licensee to close for a period of more than fourteen days in any calendar year, including the specific dates on which the licensee intends to be closed. One of the notices shall appear in a newspaper circulated at the place in the county nearest to the location of the licensed premises. 3.    On the same date that the letter of intent is submitted to the Commissioner, the licensee shall send notice by certified mail, return receipt requested, of its intent to close for a period of more than fourteen days in the calendar year, including the specific dates on which the licensee intends to be closed, to all licensed package stores, taverns and taprooms located within one mile of the licensed premises. 4.    On the same date that the letter of intent is submitted to the Commissioner, the licensee shall conspicuously post a Public Notice sign at all public entrances to the licensed premises stating the intent to close and specifying the dates during which the licensed premises will be closed. The Public Notice sign shall be a minimum of 18 x 24" in size and shall remain posted at all public entrances to the premises throughout the entire time the establishment is closed. B.    Protests. 1.    . Within ten days of the filing of the letter of intent with the Commissioner, a protest against the intended closing, signed by at least ten residents of the neighborhood wherein the license operates, may be filed with the Commissioner. 2.    In the event such a protest is filed the Commissioner shall hold a hearing to consider the sole issue of whether the intended closing of the licensed establishment would deprive residents of the neighborhood of the opportunity to make a lawful purchase of alcoholic beverages with reasonable convenience. 3.    Such a hearing shall be conducted by the Commissioner at its next regularly scheduled meeting. 4.    Notice of the hearing, including its time and date and a recital of the protest shall be sent by certified mail to the licensee and to each of the persons who signed the protest; provided, however, that it shall be sufficient to send notice to the attorney of any party represented by legal counsel. 5.    A record from which a verbatim transcript can be prepared shall be made of any protested hearing. 6.    After hearing all the evidence, if the Commissioner determines that the closing of the package store, tavern or taproom will deprive the protesting neighborhood residents of the opportunity to make a reasonably convenient lawful purchase of alcoholic beverages, the closing shall not be permitted or the requested dates of closing shall be modified as determined by the Commissioner. 7.   If the Commissioner determines, after hearing all of the evidence, that the closing will not deprive the protesting neighborhood residents of the opportunity to make a reasonably convenient lawful purchase of alcoholic beverages, then the closing shall be permitted. C.    Lack of Protest. In the event that no valid protest is timely filed with the Commissioner, the intended closing shall be permitted. D.    Restrictions. 1.    Pursuant to the provisions of this rule, no licensee shall close its establishment for a period of more than 150 days cumulatively in any calendar year. 2.    Any licensee which closes its establishment in accordance with the provisions of this rule shall still be required to comply with, and adhere to, all applicable provisions of the Liquor Control Act and the Commissioner Rules. 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 December 15, 1994.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 76
SUBJECT: A Rule Governing Taxes Paid On Spirits For the purpose of fulfilling the mandate of the General Assembly in Section 5 of the Act set forth in 1996 Delaware Laws Ch. 488, entitled " An Act To Amend Chapter 5, Title 4 Of The Delaware Code Relating To Taxes On Spirits," the following is provided: I.   the tax pay rates established in 1996 Delaware Laws Ch. 488, Sections 1 and 2 shall not expire on December 31, 1999 and shall continue to remain in effect: II.    those tax pay rates, now codified at 4 Del. C section 581 (d)(4) and (d)(5), shall remain as specified by statute and as restated herein: (d)(4) For each gallon of spirits containing 25 percent or less of ethyl alcohol by volume, $2.50. (d)(5) For each gallon of spirits containing more than 25 percent of ethyl alcohol by volume, $3.75.
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act
RULE # 77
SUBJECT: A Rule Pertaining to the License of Direct Shippers Purpose For the purpose of fulfilling the requirements set forth by the General Assembly in section 1 of 72 Del.Laws, c.230, to be codified at 4 Del.C, §526 effective June 1, 2000, this rule is to set forth the applicable license fee for a Direct Shipper and to establish the procedure for collection and payment of taxes and for delivery of orders via a licensed direct shipper. Authority The Delaware Alcoholic Beverage Control Commissioner is authorized pursuant to 4 Del.C. §304(a)(1) and (2) to adopt rules governing the time, place and manner in which alcoholic beverages are sold and dispensed throughout the State. Applicability This rule applies to all persons who are licensed as direct by the Commissioner and all licensed wholesalers, licensed retailers, and Delaware residents who deliver or receive sparkling wine, still wine, and/or beer obtained via direct shippers as set forth in 4 Del.C. §526. License Fee The license fee for a direct shipper is $250.00, which is an amount that reasonably reflects the costs necessary to defray the expenses of the Commissioner's service and activities in connection with 4 Del.C. §526. Taxes Pursuant to 4 Del.C. §581(e), all persons licensed pursuant to 4 Del.C. §526 shall pay to the State of Delaware, Division of Revenue, the tax on such wine and beer sold to Delaware residents at the rates set forth in 4 Del.C. §581(d). Collection and payment of such taxes shall be in a manner consistent with Title 4 of the Delaware Code and the Commissioner's Rules and Regulations. VI. Delivery Wine and beer ordered pursuant to 4 Del.C. §526 will be delivered at the licensee's place of business by a Delaware off-premises retail licensee to a Delaware resident consistent with Title 4 of the Delaware Code and the Commissioner's Rules and Regulations. In order to receive wine or beer from the retail licensee, the Delaware resident will present to the retail licensee a valid Delaware drivers license, with photograph identification, that indicates the resident is 21 years of age or older. 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. Effective Date: This rule shall be effective June 1, 2000
Rules 1 - 20 | Rules 21 - 40 | Rules 41 - 60 | Rules 61 - 77 | Liquor Control Act