AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

More wine and spirits auctions, with limits

Delaware’s Alcoholic Beverage Control Commissioner can grant qualified applicants wine, spirits, or combined auction licenses; operating without a license is prohibited. Public auctions can sell rare or fine wines from private collections or on consignment from owners. They can also sell rare or collectible spirits from private collections, but all buyers must be of legal purchasing age. The yearly limits are 12 wine auctions and 12 spirits auctions per calendar year. License holders must maintain a Delaware office, but auctions can take place anywhere in Delaware under the Commissioner’s rules. Nonprofits are exempt from the office rule and can apply for a wine auction-gathering license for a designated fundraising date. License holders must collect and send in applicable excise and gross receipts taxes on all auctioned products. Auction purchases cannot become inventory or be offered for further retail sale at Delaware-licensed alcohol stores or facilities.