DelawareHS 2 for HB 187 w/ HA 2153rd 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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 2 costs, 2 mixed.

Carriers need permits, ID scans, reports

A common carrier that delivers alcohol into Delaware must hold a state carrier license and pay a $500 fee every two years. Carriers must send monthly shipment reports to the Commissioner, the Division of Alcohol and Tobacco Enforcement, and the Division of Revenue. Drivers may deliver wine only for licensed direct shippers, must scan and keep the buyer’s state ID at delivery, and must complete Commissioner‑approved age‑check training. Carriers must verify each wine shipper’s Delaware direct shipper license at least once a year. After three or more violations, the Commissioner may suspend or cancel the carrier license; fines can be up to $5,000, and nonpayment can lead to suspension. Failing to request required ID carries a first‑offense fine of $250 to $500 plus costs; if you do not pay, you can face up to 10 days in jail. By holding a license, carriers consent to Delaware agency and court enforcement.

Direct shippers: licenses, reports, taxes

Out-of-state alcohol makers, importers, wholesalers, or licensees must get a Delaware direct shipper license before taking orders from Delaware residents. Applications must include the materials the Commissioner requires, a true copy of the state alcohol license, and the Federal Basic Permit. Direct shippers must file shipment invoices quarterly with the Commissioner (due Mar 10, Jun 10, Sep 10, Dec 10) and keep records for at least 3 years. Out‑of‑state shippers must also report shipments monthly (or more often if required) to the Commissioner and alcohol enforcement, and pay Delaware excise taxes monthly at the §581(d) rates. Delaware direct shippers must file quarterly reports to the Division of Revenue, the Commissioner, and alcohol enforcement. If the excise tax is not paid by the shipper, the State may collect it from whoever holds the product (no double collection). A direct shipper may not ship more than 1,800 nine‑liter cases into Delaware in a year; reaching 1,800 cases triggers license cancellation and a move to a supplier license. A direct shipper may not ship into Delaware if a Delaware importer or wholesaler represents them; importers and wholesalers must send monthly product price lists, which the Commissioner posts after removing proprietary prices.

Out-of-state wine and beer, with limits

Delaware adults age 21+ can buy wine and beer from out-of-state sellers for personal use. You can get up to 60 standard 750 mL bottles of wine per person each year and up to 6 cases of 12‑ounce beer per person each year. Shipments cannot go straight to your home. They must go to a Delaware wholesaler, then to a licensed retailer, and then to you. A handling fee applies: $4 for each wine case (or part of a case) and $2 for each beer case (or part). Packages must be labeled as alcohol and include an invoice with the date, a full description, and the price. No one under 21 may receive shipments, and no resale is allowed. When wine is sent by a licensed direct shipper, a household can receive no more than 3 nine‑liter cases per year.

Start date, agency rules, and sunset

The law takes effect 365 days after enactment. The Commissioner and the Division of Revenue may issue rules to run the program. The law ends 5 years after enactment unless lawmakers extend it.

Sponsors & Cosponsors

Sponsor

Michael F. Smith
Republican • House

Cosponsors

Daniel B. Short
Republican • House
Ronald E. Gray
Republican • House
Stephanie L. Hansen
Democratic • Senate
Gerald W. Hocker
Republican • Senate
Russell Huxtable
Democratic • Senate
Kimberly Williams
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Melissa Minor-Brown
Democratic • House
Brian Pettyjohn
Republican • Senate
Marie Pinkney
Democratic • Senate
Nicole Poore
Democratic • Senate
Jeffrey N. Spiegelman
Republican • House
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate
Lyndon D. Yearick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 58 • No: 3

Senate vote • 7/1/2025

Passed (3/5 required)

Yes: 21 • No: 0

House vote • 6/30/2025