Frequently Asked Questions ( DATE )

Q	What is the difference between the Division of Alcohol & Tobacco Enforcement and the Office of the Alcoholic Beverage Control Commissioner?
A	The Division of Alcohol and Tobacco Enforcement (DATE) and the Office of the Alcoholic Beverage Control Commissioner (OABCC) are two SEPARATE and DISTINCT agencies. Details about each agency are listed below: Division of Alcohol and Tobacco Enforcement (DATE) The Division of Alcohol and Tobacco Enforcement (DATE) is a state law enforcement agency. The Division is primarily comprised of Agents who conduct criminal and administrative investigations involving violations of the Delaware Liquor Control Act and the Administrative Rules of the Delaware Alcoholic Beverage Control Commissioner. Agents of the Division are certified police officers for the State of Delaware. Agents have statewide jurisdiction and arrest powers and have full authority to enforce all laws of the State of Delaware, including liquor, drug, criminal and traffic statutes. Due to the nature of investigations, Agents primarily work in a undercover capacity. Agents conduct investigations that involve selling alcohol without a license, selling alcohol and/or tobacco products to minors, over-service of alcohol to intoxicated patrons, prostitution, illegal gambling on a licensed premises, illegal narcotics activity on a licensed premises, hidden ownership, tobacco smuggling, tax evasion, organized criminal activity, disorderly premises and violations of other criminal statutes and administrative rules. Agents also work with federal, state and local law enforcement agencies on multi-jurisdictional investigations. The Division is divided in to 2 enforcement districts: The Northern District covers New Castle County and is supervised by a Supervisor Agent. The Southern District covers Kent and Sussex Counties and is supervised by a Supervisor Agent. A Director heads the Division of Alcohol and Tobacco Enforcement. Office of the Delaware Alcoholic Beverage Control Commissioner (OABCC) The Office of the Delaware Alcoholic Beverage Control Commissioner (OABCC) grants liquor licenses, approves modifications to licensed establishments, performs inspections and grants renewals of liquor licenses. The ABC Commissioner is also the Judge who hears violations against licensed liquor establishments that are forwarded by Agents from the Division of Alcohol and Tobacco Enforcement. Violations are adjudicated by the ABC Commissioner during the administrative hearing process. The ABC Commissioner may impose sanctions and penalties against licensed liquor establishments that are found to be in violation of state laws and/or administrative rules related to the operation of the establishment. Penalties imposed by the ABC Commissioner can range from a reprimand, fine, suspension, or revocation of the liquor license. A Commissioner heads the Office of the Alcoholic Beverage Control Commissioner.
Q	What are the hours that licensees are allowed to sell alcoholic beverages in Delaware?
A	Licensee's with an on-premise license are granted the right to sell alcoholic beverages from 9 a.m. to 1 a.m. 7 days per week. Licensee's with an off-premise license are granted the right to sell alcoholic beverages from 9a.m. to 1a.m. Monday thru Saturday and 12noon to 8p.m. on Sunday. However, some incorporated municipalities in Delaware have local ordinances that are more restrictive than state law with regard to the hours of alcoholic beverage sales. If located within an incorporated municipality, licensee's should familiarize themselves with any local municipal ordinances pertaining to hours of sale.
Q	When must consumption of alcoholic beverages on a licensed premise end? What hours are non-employees or patrons prohibited from being on a licensed premise?
A	When must consumption of alcoholic beverages on a licensed premise end? No person (employees or patrons) may consume alcoholic beverages on any licensed premise between the hours of 2 a.m. to 9a.m. No person (employees or patrons) may consume alcohol inside of a Liquor Store at any time, unless a tasting permit has been issued to the store by the ABC Commissioner's Office. What hours are non-employees or patrons prohibited from being on a licensed premise? Taproom: All non-employees or patrons are prohibited from being on the premises of a Taproom between the hours of 2a.m. to 9a.m. Liquor Store: All non-employees or patrons are prohibited from being on the premises of a Liquor Store between the hours of 101a.m. to 9a.m. Restaurant: Anyone (employees and patrons) may remain on the premises of a Restaurant after 2a.m., as long as no consumption of alcoholic beverages is taking place between the hours of 2a.m. to 9a.m.. If employees and/or patrons remain on the premises of a restaurant between the hours of 2a.m. to 9a.m., all alcoholic beverages must be secured under lock and key.
Q	How old does a person have to be to enter a tavern, taproom, liquor store or a restaurant in Delaware?
A	It is a criminal offense for a person under 21 years of age to enter or remain on the premises of a tavern, taproom or liquor store. However, a person under 21 years of age may be on the premises of a taproom, if patrons under 21 years of age are physically segregated from patrons over 21 years of age, or if the taproom has recevied prior approval from the ABC Commissioner's office to hold an event on the premises that is exclusively for patrons under 21 years of age. A person may be any age to enter a restaurant. However, a restaurant is permitted to deny entrance to a person under 21 years of age after 9 p.m. if they are not accompanied by a parent or legal guardian.
Q	If a person is intoxicated at my establishment, but they are not driving a vehicle, may I continue to serve them?
A	No. It is against Delaware law for a server to serve anyone who is or appears to be intoxicated. No exceptions!
Q	I am over 21 but have an expired license. Is this still a valid form of ID?
A	No. An expired license is not a valid form of ID. Servers of alcoholic beverages should only accept identification that is not expired.
Q	What are the forms of ID that a server of alcohol should accept from a patron?
A	A server should only accept a valid state issued driver's license, valid state issued ID card, valid military ID or a valid government issued passport.
Q	What is "Bootlegging"?
A	The term "Bootlegging" refers to selling alcoholic beverages without a license. This offense carries a penalty of 3 to 6 months in prison.
Q	What happens if I am caught using a ficticious ID to purchase alcoholic beverages?
A	Individuals who are caught using a ficticious ID to purchase alcoholic beverages can be charged with numerous criminal and traffic offenses. Some of these offenses carry jail time.
Q	Are Delaware Alcohol and Tobacco Enforcement Agents police officers?
A	Yes. All Agents are certified police officers for the State of Delaware. Agents have statewide jurisdiction and arrest powers and have full authority to enforce all laws of the State of Delaware including liquor, drug, criminal and traffic statutes. Agents of the Division complete the exact same police training program and have the exact same police authority as any other police officer in Delaware.
Q	What authority do Agents have over licensees and non-licensees?
A	Agents have criminal arrest authority AND administrative authority over all licensed locations within the State of Delaware. Agents have criminal arrest authority over all non-licensed locations within the State of Delaware.
Q	What are some examples of the types of work that Agents routinely perform?
A	Agents conduct investigations that involve selling alcohol without a license, selling alcohol and/or tobacco products to minors, over-service of alcohol to intoxicated patrons, prostitution, illegal gambling on a licensed premises, illegal narcotics activity on a licensed premises, hidden ownership, tobacco smuggling, tax evasion, organized criminal activity, disorderly premises and violations of other criminal statutes and administrative rules. Agents work with federal, state and local law enforcement agencies on multi-jurisdictional investigations. Due to the nature of their work, Agents primarily work in an undercover capacity. A significant aspect of their job involves working in hazardous and potentialy volatile environments, including contact with individuals who may be under the influence of alcoholic beverages and/or and illegal narcotics, in possession of lethal weapons, or hostile towards law enforcement officers. Agents make arrests of persons for violations of state laws, execute search warrants and arrest warrants and complete a variety of investigative and administrative reports. These reports are used when the Agent testifies as a witness during criminal court trials and/or administrative proceedings. Agents also perform internal and perimeter security at the state Emergency Operations Center (EOC) during declared state of emergency events.
Q	What do Agents do in the community to enhance public safety?
A	Agents assist liquor licensees, their employees and the public, by instructing the Delaware Trained Alcoholic Beverage Server (TABS) training program. State law mandates that any person who sells, serves, or dispenses alcoholic beverages in the State of Delaware, must complete this training program. Agents conduct educational presentations to citizens, civic associations, community groups, elementary school, middle school, high school and college students, related to state alcohol and tobacco laws and the dangers of alcohol and tobacco abuse. Agents also provide training to other police agencies in the areas of alcohol and tobacco law enforcement. Agents work in partnership with citizens, the community and other law enforcement agencies, to address locations that may be negatively affecting quality of life and/or public safety, in order to encourage voluntary compliance and create safer communities.
Q	What is the server training program?
A	Server training, also called TABS (Trained Alcoholic Beverage Server) is a MANDATORY program that all servers of alcoholic beverages in Delaware are REQUIRED to complete within 30 days of employment at a licensed location. The program is instructed by Agents from the Division and it is designed to give servers the tools that they need to serve alcoholic beverages to patrons in a safe, responsible and legal manner. The server training program consists of classroom instruction, followed by a written test that the student must pass in order to receive their server training card.
Q	How do I become server trained in Delaware?
A	A person has 30 days from the date of employment to take the server training class and pass the test. Server training classes are taught in each county. For information on class dates, times and locations, please call (302) 577-5208 or go to the "server training" link located on the homepage of this website.
Q	Is there a cost to take the server training class?
A	No. The Initial Server Training Class and the Re-certification class are FREE.
Q	How long are the server training classes?
A	The Initial Server Training Class is approximately 4 hours long. The Initial Server Training Class is for servers who have never taken a class in Delaware, or for servers who cards have expired and they have failed to re-new the card prior to its expiration date. The Re-certification class is approximately 1 and 1/2 hours long. The Re- certification class is only for servers who have successfully completed the initial server training class and need to have their card renewed, prior to its expiration date.
Q	How many years is the server training certification card valid?
A	The server training certification card is valid for 4 years.
Q	Can I take the server training Re-certification class if my server training card is expired?
A	No. Any server who fails to renew their server training card PRIOR to its expiration date, will be required to re-take the Initial Server Training Class.
Q	I have lost my server training card. How do I get a replacement server training card ?
A	You must call 302-744-4012 to make arrangements to get a replacement card. Do not come to the class to pick up a replacement card, unless you have made PRIOR arrangements with the server training instructor to do so.
Q	I am certified to serve alcoholic beverages in another state, do I still have to take the Delaware server training class?
A	Yes. All servers are REQUIRED to take the Delaware server training class. Certification from another state is NOT valid to serve alcoholic beverages in the State of Delaware.
Q	When I am serving alcoholic beverages, may I carry a copy of the server training card instead of the actual card?
A	No. Delaware law requires all servers to carry their server training card on their person at all times while they are working. The Division recommends that all licensees make a copy of each of their employees server training cards and keep those copies on the licensed premises.
Q	How old must I be to take the server training class?
A	Although you must be at least 19 years of age to serve alcohol in Delaware, server training classes are open to everyone, regardless of age.
Q	Is possession of tobacco by a minor illegal in Delaware?
A	No. Currently there is no law prohibiting possession of tobacco products by a person under 18.
Q	Is it against the law for a person who is under 18 years of age to purchase or attempt to purchase a tobacco product?
A	Yes. It is against the law for a person who is under 18 years of age to purchase or attempt to purchase a tobacco product.
Q	If I am a licensed tobacco retailer, will I be tested for compliance to state law prohibiting underage tobacco sales?
A	Yes. Agents test EVERY licensed tobacco retailer in Delaware EVERY year.
Q	Does a person selling tobacco products have to be 18 years old?
A	No. There is currently no law that prohibits a person who is under 18 years of age from selling tobacco products.
Q	I have information about a location that is violating Delaware alcohol and/or tobacco laws. What should I do?
A	Call the Division's "Eyes and Ears" Hot Line number at 1-800-393-7327 or 302-577- 5210. If you have information about a location that is violating the Delaware Clean Indoor Act (also called the "indoor smoking ban") please contact the Division of Public Health at 1-800-297-5926.
Q	What will happen to someone who is caught selling tobacco products to a minor?
A	The clerk will be arrested and the owner, proprietor, store manager or other person in charge of the premise, is liable for violations committed by their employees. The fine for a first offense of selling tobacco products to a minor is $250.00. Second or subsequent offenses have increased fines and penalties.
Q	Does your agency enforce the indoor smoking ban?
A	No. The Division does NOT enforce the indoor smoking ban. The indoor smoking ban is enforced by the state Division of Public Health. To report a location that is violating the indoor smoking ban please contact the Division of Public Health at 1-800-297-5926.
Q	I would like to conduct Texas Hold 'Em Poker tournaments at my establishment. Where can I receive more information?
A	For information regarding the specific requirements for conducting Texas Hold 'Em poker tournaments, please contact the state Division of Professional Regulation at 302-744-4530.
Q	I have questions regarding tobacco taxes, tobacco wholesalers or other tobacco related questions. Where can I receive more information?
A	For questions related to tobacco taxes, tobacco wholesalers or other tobacco related questions that do not involve the sale of tobacco products to minors, please contact the state Division of Revenue at 302-577-8268.