Delaware Code
Title 4 - Alcoholic Liquors

§ 301. Delaware Alcoholic Beverage Control Commissioner; Appeals Commission; qualifications; appointment; term; compensation. - (a) The Commissioner shall be a resident of Delaware and...

§ 303. Employees. - Necessary staff as required shall be employed as required to...

§ 304. Duties and powers of the Commissioner. - (a) The Commissioner, in accordance with the Delaware Administrative Procedures...

§ 305. Oath of Office of Commissioner and employees. - The Commissioner, Appeals Commission and any hearing officer(s) shall, on...

§ 306. Conflict of interest. - (a) The Commissioner, Appeals Commission, and any hearing officer(s) or...

§ 307. Commissioner's statement of interest in liquor business. - When notified of appointment as Commissioner or Appeals Commissioner, the...

§ 308. Promulgation, repeal and amendment of rules and regulations. - (a) All rules and regulations of the former Alcoholic Beverage...

§ 310. Deposit of receipts with Division of Revenue. - All moneys received by the Commissioner shall be paid to...

§ 311. Property and profits of the office of the Commissioner. - All property owned by the office of the Commissioner and...

§ 312. Financial statements of the Commissioner. - The Commissioner shall render an account to the State Treasurer,...

§ 313. Annual audit. - The operation of the office of the Commissioner shall annually...

Chapter 4. DIVISION OF ALCOHOL AND TOBACCO ENFORCEMENT

§ 401. Division of Alcohol and Tobacco Enforcement. - The Division of Alcohol and Tobacco Enforcement of the Department...

§ 403. Duties and powers of the Division. - The Division shall: (1) Investigate, prevent and arrest for violations...

§ 404. Employees of the Division. - The Department of Safety and Homeland Security shall appoint, employ...

Chapter 5. LICENSES AND TAXES

Subchapter I. Manufacture and Import

§ 501. Supplier and representative licenses; delivery and storage at in-state warehouse. - (a) Before any person sells any alcoholic liquor intended for...

§ 502. Application; requirements. - (a) The application for a license to manufacture or to...

§ 503. Inspection of premises. - The Commissioner shall inspect or cause to be inspected premises,...

§ 504. Bond. - The Commissioner may require that any person licensed in accordance...

§ 505. Conditions for issuance of license. - No license to manufacture or import shall be issued unless...

§ 506. Interest in establishment selling to consumer. - (a) It shall be unlawful: (1) For a manufacturer or...

§ 507. Monthly report. - (a) Notwithstanding any of the provisions of this chapter, every...

§ 508. Filing of price schedules required. - (a) All manufacturers and distilleries offering for sale in the...

Subchapter II. Purchase, Sale and Dispensing

§ 511. General licensing requirements. - (a) (1) Upon proper application, the Commissioner may grant licenses...

§ 512. Licenses. - (a) Any person, who is the owner or lessee, or...

§ 512A. Farm wineries. - (a) Upon proper application and subject to the provisions, restrictions...

§ 512B. Brewery-pubs. - (a) Subject to the provisions, restrictions, and prohibitions of this...

§ 512C. Microbreweries; license; alternating premises. - (a) Upon proper application and subject to the applicable provisions,...

§ 512D. Wine auctions. - (a) Subject to the provisions, restrictions and prohibitions of this...

§ 512E. Craft distillery. - (a) Upon proper application and subject to the applicable provisions,...

§ 512F. Temporary large events. - Any person licensed under § 512 of this title hosting...

§ 512G. Shipment of alcoholic beverages between commonly-owned entities. - (a) Any entity licensed in this State pursuant to §...

§ 513. Sale of beer and wine for consumption on premises of tavern. - (a) Any person in charge of a tavern may apply...

§ 514. Gathering licenses; consumption on premises. - (a) If alcoholic liquors are to be sold during a...

§ 515. Sale to members of club and multiple activity club. - (a) A club or multiple activity club may apply to...

§ 515A. Licenses for bottle clubs. - (a) Except as provided in this section, it is unlawful...

§ 516. Consumption off premises of hotel, restaurant, club, store or taproom. - (a) (1) Any person in charge of a hotel, restaurant,...

§ 517. Pharmacists. - Any person, whether as owner, lessee or manager, who conducts...

§ 518. Physicians, dentists, veterinarians and medical institutions. - (a) A physician or dentist may purchase alcoholic liquors for...

§ 519. Hospital; retention and use. - Any person in charge of a hospital recognized by the...

§ 520. Clergymen; wine for sacramental purposes. - Any minister, priest, rabbi or clergyman of any established or...

§ 521. Temporary license to sell by the glass. - A temporary license to sell alcoholic liquor of 1 or...

§ 522. Application for license to purchase for resale. - (a) Any person proposing to purchase alcoholic liquor for resale...

§ 523. Application by partnership or corporation; liability for fines or costs. - If a license to purchase for resale is to be...

§ 524. Notice of application. - (a) An application for a new license to purchase for...

§ 525. Spirits, wine and beer tasting. - A license to permit spirits, wine and beer tasting may...

§ 526. Direct purchasing of wine and beer. - (a) Notwithstanding any other provision in this title, a natural...

Subchapter III. Determination of Applications

§ 541. Procedural requirements governing Commissioner's action; hearing; appeal. - (a) The Commissioner shall distribute and receive all of the...

§ 542. Decision upon application for renewal of license; time of making. - On or before the first day of the month preceding...

§ 543. Grounds for refusal of license; transfer or extension of premises. - (a) The Commissioner shall refuse to grant a license to...

§ 544. Finality of Commissioner's decision refusing license. - If an application is not timely protested, but the Commissioner...

§ 545. Improvements to premises. - The Commissioner may not require an applicant to make improvements...

§ 546. Limit on number of retail licenses. - (a) The General Assembly finds that, in order for the...

Subchapter IV. Certificate of License, Term of License and Fees

§ 551. Issuance of certificate. - If the Commissioner grants the license and payment therefor has...

§ 552. Term and expiration date of licenses. - All licenses issued under this title shall be valid for...

§ 553. Rate of payment for license issued for other than 2 years. - A license issued for a time other than 2 years...

§ 554. License fees. - (a) For a license to sell alcoholic liquor in a...

Subchapter V. Cancellation or Suspension of License

§ 561. Grounds for cancellation or suspension. - (a) The Commissioner may cancel every license made use of...

§ 562. Public hearing and right of appeal. - (a) No license shall be cancelled or suspended, or any...

§ 563. Effect of cancellation or surrender of license; notice. - (a) The cancellation or the acceptance of a surrender of...

§ 564. Payments to former licensee. - The Department of Finance shall, within 30 days of the...

Subchapter VI. Transfer of License; Death of Licensee

§ 571. Transfer of license. - (a) The rights conferred by a license may be transferred...

§ 572. Death of licensee; payments to licensee's estate. - If any licensee dies and no application is made for...

Subchapter VII. Taxes

§ 581. Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2]. - (a) All persons required to be licensed under this title...

§ 582. Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of the United States. - (a) Any tax paid by an importer or wholesaler to...

§ 583. Administration of taxes. - Except to the extent inconsistent with specific provisions of this...

§ 584. State fees in lieu of county and municipal fees; preemption provision. - The fees, charges and taxes imposed by the State under...

Chapter 7. REGULATORY PROVISIONS

§ 701. Persons authorized to make sale and delivery of alcoholic liquors. - (a) No sale and delivery of alcoholic liquor shall be...

§ 702. Delivery of alcohol or spirits by manufacturer or importer. - The Commissioner may issue a written order signed by the...

§ 703. Sale and delivery of wine or beer by manufacturer or importer. - No manufacturer or importer shall sell, ship, transport or deliver...

§ 704. Commissioner regulation of wine or beer sales. - The Commissioner may make a regulation authorizing a manufacturer or...

§ 705. Containers for sale and delivery of beer for consumption off premises. - No sale and delivery of beer, for consumption off the...

§ 706. Sale or service of alcoholic liquors to intoxicated person. - Any licensee, or employee of a licensee, or person in...

§ 707. Home manufacture of beer or wine for personal consumption. - (a) No license or special permit shall be required for...

§ 708. Prohibition of sales to certain persons. - (a) No person or licensee shall sell any alcoholic liquor...

§ 709. Prohibition of sales and delivery at certain times [Effective until meeting the contingency in 82 Del. Laws, c. 193, § 5]. - (a) No entity licensed pursuant to § 501 of this...

§ 709. Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5]. - (a) No entity licensed pursuant to § 501 of this...

§ 710. Reports by importers. - The Commissioner shall require every importer to make a monthly...

§ 711. Refilling bottles. - Alcoholic liquor in bottles, procured by the holder of a...

§ 712. Label on bottle. - No holder of a license shall use or allow the...

§ 713. Mixing unauthorized with authorized liquor. - No person shall, for any reason, mix or permit the...

§ 714. Places for keeping spirits, wines or beer. - No person shall keep spirits, wines or beer in the...

§ 715. Places for keeping alcohol. - No person shall keep alcohol in the State, except: (1)...

§ 716. Transportation of spirits, wines or beer. - No person shall transport spirits, wines or beer in this...

§ 717. Transportation of alcohol. - No person shall transport alcohol in the State, except where...

§ 718. Shipping and transporting alcoholic liquor. - (a) If alcoholic liquor is to be shipped to a...

§ 719. Distillery and wine manufacturer. - (a) No provision of this title shall prevent any distillery...

§ 720. Storage of alcoholic liquors. - All holders of licenses for the sale of alcoholic liquor...

§ 721. Brewery. - No provision of this title shall prevent the Commissioner from...

§ 722. Physicians, dentists, veterinarians and pharmacists. - (a) No provision of this title shall prevent any individual...

§ 723. Disposition of stock of insolvent, deceased or former licensee. - (a) In the case of a seizure of alcoholic liquor...

§ 724. Retaliatory beer tax and regulations; violations by out-of-state manufacturers of beer; hearing, penalties and appeal. - (a) In addition to compliance with all other provisions of...

§ 725. Preparations containing alcoholic liquors but not intended for use as a beverage. - (a) No provision of this title shall, by reason only...

§ 726. Liability for price of illegal sale of alcoholic liquors. - No action to recover the price of any alcoholic liquor...

§ 727. Sale at last call/closing hour of an establishment. - No more than 1 alcoholic beverage may be sold to...

Chapter 9. CRIMINAL OFFENSES AND PENALTIES

§ 901. Offenses carrying penalty of imprisonment for 3 to 6 months. - Whoever: (1) Peddles any alcoholic liquor; or (2) Keeps, sells...

§ 902. Offenses carrying penalty of fine of $500 to $1,000 or imprisonment for 3 to 6 months on failure to pay fine. - Whoever: (1) Being the holder of a license, sells any...

§ 903. Offenses carrying penalty of fine of not more than $100 or imprisonment for 1 month on failure to pay fine. - Whoever: (1) Being the holder of a license, sells beer...

§ 904. Offenses concerning certain persons. - (a) (1) Whoever sells any alcoholic liquor to any person...

§ 905. Unlicensed manufacture of alcoholic liquor; possession of still, apparatus, mash, etc., by unlicensed person. - (a) Whoever manufactures any alcoholic liquor without having first obtained...

§ 906. Transportation and shipment. - (a) Whoever transports or ships alcoholic liquor in violation of...

§ 907. Interference with officer or inspector. - Whoever interferes with or hinders any officer or inspector authorized...

§ 908. Failure of licensee to file report. - Whoever, being the holder of a license for the sale...

§ 909. Violation of rules respecting liquor taxes. - Whoever violates any rule or regulation made and published by...

§ 910. Offenses without specific penalty. - Whoever violates any provision of this title or any regulation...

§ 911. Penalty for partnerships and associations. - Wherever the penalty for an offense committed consists of imprisonment...

§ 912. Exemption of employees of Commissioner and/or Division. - No officer or inspector employed by the Commissioner and/or Division...

§ 913. Licensees convicted of violations by the Commissioner may be assessed costs. - Any licensee found guilty by the Commissioner of a violation...

§ 914. Authority to suspend licenses and/or impose fines. - Whenever the Commissioner has found a licensee to be guilty...

§ 915. Licensees pleading guilty; voluntary fines; limitation. - The Commissioner is authorized to create a “voluntary fine assessment...

§ 916. Penalties imposed against licensees who threaten employees. - No licensee or representative thereof may discipline, threaten or otherwise...

Chapter 11. SEIZURE AND CONFISCATION

§ 1101. Peddled or illegally transported liquor. - (a) Wherever alcoholic liquor is being peddled in this State,...

§ 1102. Shipments to unauthorized portions of State; other illegal sales or shipments. - (a) Any officer or inspector of the Division so authorized,...

§ 1103. Manufacture on unauthorized premises; seizure or destruction of liquor, apparatus and materials. - All alcoholic liquor, stills and other apparatus, tubs, barrels, containers...

§ 1104. Property found in disorderly house or used in connection with offenses. - Every officer and inspector of the Commissioner and all other...

§ 1105. Retention of seized property; return to owner; disposition of alcoholic liquor. - All property seized and delivered into the possession of the...

§ 1106. Ascertainment of ownership and liens upon seized vehicles. - Before filing the report and petition required by § 1107...

§ 1107. Commission's report and petition to Court. - The Division shall, from time to time in its discretion,...

§ 1108. Rule to show cause and service thereof; hearing and order of disposal. - (a) Upon the filing with the Court of the Division's...

§ 1109. Procedural provisions. - (a) The Superior Court may adopt rules to govern proceedings...

§ 1110. Proceeds of sale; payment of costs. - (a) Where a sale of property has been authorized by...

§ 1111. Procedure governing searches and seizures. - The provisions of this chapter pertaining to searches and seizures...

Chapter 12. DELAWARE RESPONSIBLE ALCOHOLIC BEVERAGE SERVER TRAINING PROGRAM

§ 1201. Findings and declaration of policy. - It is determined and declared as a matter of legislative...

§ 1202. Implementation. - (a) It shall be the responsibility of the Division of...

§ 1203. Applicability; on-premises licenses. - (a) Effective July 1, 1992, every person who holds any...

§ 1204. Training standards and curriculum. - (a) In order to be recognized and approved by the...

§ 1205. Certification and renewal training. - Every person who successfully completes an approved responsible alcoholic beverage...

§ 1206. Violations; penalties. - (a) The Commissioner may reprimand or impose an administrative fine...

§ 1207. Enforcement. - The Division of Alcohol and Tobacco Enforcement shall be responsible...

§ 1208. Training program costs. - (a) All costs associated with the implementation, administration and enforcement...

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Delaware Code Title 4 - Alcoholic Liquors

Delaware Code
Title 4 - Alcoholic Liquors