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DelawareHS 1 for HB 187153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO DIRECT PURCHASING AND SHIPMENT OF WINE.

Sponsored By: Michael F. Smith (Republican)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

Wine carriers face checks and penalties

Wine carriers must get a Delaware license, report shipments, and deliver only for licensed wine direct shippers. At delivery, a carrier employee must check a state-issued driver's license or identification card to confirm the recipient is at least 21. The recipient must sign, and delivery employees and independent contractors must complete state-approved age-check training. After a hearing, three or more violations can bring license suspension or cancellation and a fine up to $5,000. Unpaid fines and costs can trigger automatic license suspension until paid. The person responsible for requesting identification faces a separate $250 to $500 fine, plus costs, for skipping that check. Failure to pay that fine and costs can lead to up to 10 days in jail.

Wine businesses pay new license fees

Wine direct shippers pay license fees every two years. The fee is $100 for shipping 200 cases or fewer yearly to Delaware residents, or $400 for shipping more. Carriers pay $500 every two years for a license to deliver wine from direct shippers to Delaware households. These are business fees, not direct charges on households.

Wine shippers must report and pay taxes

Out-of-state wine direct shippers must report shipment, buyer, tracking, and carrier details to state alcohol agencies monthly, or more often under regulations. They must also pay Delaware excise taxes monthly, or more often under regulations, covering sales during the preceding calendar quarter. The existing tax rate applies as though each sale occurred in Delaware at the delivery location. In-state shippers must also provide required shipment and customer details. State agencies can audit licensee records, and reported information is exempt from Delaware's public-records requirements.

Direct wine delivery with household limits

Delaware households can receive wine directly from licensed farm wineries or manufacturers that qualify as Delaware farm wineries. Each household can receive up to three 9-liter cases yearly for personal use, not resale. A household member must be at least 21, and shipments must use a licensed carrier. Wine cannot come from producers represented in Delaware by a licensed importer or wholesaler. The statewide limit is 1,800 9-liter cases yearly. When that limit is reached, the direct shipper license is canceled and the shipper must apply for a supplier license.

Sponsors & Cosponsors

Sponsor

  • Michael F. Smith

    Republican • House

Cosponsors

  • Daniel B. Short

    Republican • House

  • Ronald E. Gray

    Republican • House

  • Kimberly Williams

    Democratic • House

  • Melissa Minor-Brown

    Democratic • House

  • Brian Pettyjohn

    Republican • Senate

  • Nicole Poore

    Democratic • Senate

  • Jeffrey N. Spiegelman

    Republican • House

  • John "Jack" Walsh

    Democratic • Senate

  • Lyndon D. Yearick

    Republican • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 2 for HB 187 - Signed by Governor

    8/15/2025Governor

  2. HS 2 for HB 187 - Passed By Senate. Votes: 21 YES

    7/1/2025Senate

  3. HS 2 for HB 187 - Passed By House. Votes: 37 YES 3 NO 1 VACANT

    6/30/2025House

  4. HS 2 for HB 187 - - Passed In House by Voice Vote

    6/30/2025House

  5. HS 2 for HB 187 - - Stricken in House

    6/30/2025House

  6. Substituted in House by HS 2 for HB 187

    6/30/2025House

  7. Reported Out of Committee (Appropriations) in House with 5 On Its Merits

    6/27/2025House

  8. Substituted in House by HS 2 for HB 187

    6/27/2025House

  9. Adopted in lieu of the original bill HB 187, and Assigned to Appropriations Committee in House

    6/25/2025House

Bill Text

  • Current

    6/25/2025

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