Chapter 4 DAC

100 Alcoholic Beverage Control Commissioner 103 (Formerly Rule 12) State of Emergency Whenever, pursuant to the Constitution and laws of the State of Delaware, the Governor or Acting Governor of this State shall declare a state of emergency, call out the organized militia or any …

100 Alcoholic Beverage Control Commissioner 104 (Formerly Rule 69) Severability If any rule of this Commissioner shall be declared invalid by a court of competent jurisdiction, all remaining rules shall remain valid and in full force and effect. If a portion of any rule of the Co…

200 Definitions 201 (Formerly Rule 56) As Amended A Rule Defining Cash 1.0 Cash Sales 1.1 No sale of alcoholic liquors by any licensee of this Commissioner shall be made except for cash. 1.2 For the purpose of this rule, the word " cash " shall mean: 1.2.1 In the case of a Packag…

200 Definitions 202 (Formerly Rule 19) A Rule Defining the Words Hotel, Motel, Restaurant and Dinner Theater 1.0 Purpose and Scope This Rule supplements the definition of Hotel, Motel, Dinner Theater and Restaurant contained in the Liquor Control Act, 4 Delaware Code, Section 101…

200 Definitions 203 (Formerly Rule 36) Delivery, Sale and Consumption of Alcoholic Liquors for On-Premises Consumption 1.0 Purpose and Scope This rule defines the term "Delivery", "Sale", "Service" and "Consumption" of alcoholic liquors and prescribes the hours of the day when al…

300 Owner and Financial Interests; Trade Names 301 (Formerly Rule 3) A Rule Requiring Prior Approval by the Commissioner of Changes in Ownership, Officers, or Directors, Financial Interest, or Lease As authorized by law, the Commissioner may refuse approval of changes in the owne…

300 Owner and Financial Interests; Trade Names 302 (Formerly Rule 49) A Rule Requiring a Lease to be Filed with the Commissioner Each application for a license for the sale of beer, wine, and spirits must be accompanied by a lease for the premises, unless owned by the applicant, …

300 Owner and Financial Interests; Trade Names 303 (Formerly Rule 44) A Rule Governing Financial Interests in Various Licensees The terms "importer," "manufacturer," and "retailer" as used in this rule shall include (in addition to the definitions given in 4 Del.C. §101 ) all per…

300 Owner and Financial Interests; Trade Names 304 (Formerly Rule 50) A Rule Regarding Approval of Trade Names No licensee shall use or operate under any trade name unless approved by the Commissioner. 19 DE Reg. 775 (02/01/16)

400 Taxation 401 (Formerly Rule 8) A Rule Governing Taxes Paid on Wine, Cider, Spirits, and Beer Entering the State of Delaware 1.0 Definitions “ Commissioner ” means the Delaware Alcoholic Beverage Control Commissioner or Designee, the Division of Revenue. “ Importer ” means who…

400 Taxation 402 (Formerly Rule 76) A Rule Governing Taxes Paid On Spirits 1.0 Tax Pay Rates 1.1 For the purpose of fulfilling the mandate of the General Assembly in Section 5 of the Act set forth in 1996 Delaware Laws Ch. 488, entitled “An Act To Amend Chapter 5, Title 4 Of The …

Regulation_ 305 DEPARTMENT OF SAFETY AND HOMELAND SECURITY Office of the Marijuana Commissioner 5000 Office of the Marijuana Commissioner 5001 Rules of the Office of the Marijuana Commissioner 1.0 General Provisions 1.1 Authority. This regulation is promulgated by the Office of t…

500 Initial and Temporary Licensure 501 (Formerly Rule 4) A Rule Requiring Certain Information by Persons Desiring to Make Application for a License to Sell Alcoholic Liquor Any person proposing to make application for a license to sell alcoholic liquor shall first obtain from an…

500 Initial and Temporary Licensure 502 (Formerly Rule 41) A Rule Requiring an Additional Deposit on Certain Applications for a License Any applicant for a license that requests a continuance for a hearing shall pay all costs necessitated by the continuance. 19 DE Reg. 775 (02/01…

500 Initial and Temporary Licensure 503 (Formerly Rule 21) A Rule Providing Specifications For All On-Premises Establishments 1.0 Approval of Conditions of Premises Before issuance of a license or renewal of license to sell alcoholic liquor in an on-premises establishment, the pr…

500 Initial and Temporary Licensure 504 (Formerly Rule 11) A Rule Providing Specifications for Stores and Off-Premises 1.0 Approval of Conditions of Premises 1.1 Before issuance of a license to sell alcoholic liquors in a store, the premises must be approved as to conditions by t…

500 Initial and Temporary Licensure 505 (Formerly Rule 60) A Rule Concerning Issuance of Temporary Licenses 1.0 Temporary Licenses 1.1 Temporary licenses may be issued to applicants for an on-premises license upon submission of properly filed application forms. 1.2 Temporary lice…

500 Initial and Temporary Licensure 506 (Formerly Rule 63) A Rule Clarifying the Advertising Requirements for 4 Del.C. § 524 For the purpose of clarifying 4 Del.C. §524 , one of the notices shall appear in a Delaware daily or weekly newspaper circulated within a five-mile radius …

500 Initial and Temporary Licensure 507 Licensing Third-party Delivery of Alcoholic Beverages 1.0 Purpose, Applicability and Findings 1.1 The purpose of this regulation is to establish procedures for the issuance of third-party delivery licenses under 4 Del.C. §512(a). 1.2 Only o…

600 Licenses for Gatherings 601 (Formerly Rule 35.1) Gathering Licenses 1.0 Purpose and Scope 1.1 This regulation implements the definition of "gathering of persons" under the Delaware Liquor Control Act. 1.2 The purpose of a licensed gathering of persons is to raise funds or to …

600 Licenses for Gatherings 602 (Formerly Rule 35) A Rule Governing the Issuance of a License for a Gathering to be Held in Licensed Establishments in the State of Delaware 1.0 Application for Gathering License The application for a gathering license shall indicate clearly the ar…

700 Renewal and Alterations of Licenses 701 (Formerly Rule 51) A Rule Requiring the Biennial Renewal of Wholesale, Retail, and Annual Gathering Licenses 1.0 Wholesaler Licenses (Even-Numbered Years) The Commissioner shall provide notice of license renewal to all wholesalers by Fe…

700 Renewal and Alterations of Licenses 702 (Formerly Rule 51.1) A Rule Requiring the Biennial Renewal of Supplier’s Licenses 1.0 Background All suppliers are required by the Delaware Liquor Control Act to be licensed by the Delaware Alcoholic Beverage Control Commissioner. All n…

700 Renewal and Alterations of Licenses 703 (Formerly Rule 42) A Rule Governing Specifications and Alterations to Proposed and Licensed Establishments 1.0 Purpose 1.1 This rule requires the submission of design specifications or alterations of proposed and existing establishments…

700 Renewal and Alterations of Licenses 704 (Formerly Rule 42.1) Construction, Renovation, Extension of Premises to Include Patios: Procedures, Standards and Fees 1.0 Purpose and Scope 1.1 Licenses issued under the provisions of Title 4, Delaware Code (Liquor Control Act) are app…

800 Suspension of License; Sanctions and Fines 801 (Formerly Rule 38) A Rule to Require the Posting of a Notice of Suspension of License Upon the Outer Door of All Licensed Premises Upon Issuance of Order of Suspension and Prohibiting Any Removal, Tampering With or Mutilation of …

800 Suspension of License; Sanctions and Fines 802 (Formerly Rule 55) A Rule Prohibiting Sales or Removal of Alcoholic Beverages From Premises While License is Suspended In a case where the Commissioner for any violation suspends the license of a licensee, said licensee must, und…

800 Suspension of License; Sanctions and Fines 803 (Formerly Rule 73.1) Sanctions for Certified Alcoholic Beverage Servers Who Violate the Liquor Control Act or Commissioner Rules 1.0 Purpose and Findings 1.1 The purpose of this rule is to establish administrative sanctions for c…

800 Suspension of License; Sanctions and Fines 804 (Formerly Rule 71) A Rule Pertaining To Voluntary Fine Assessment 1.0 Purpose This rule implements the grant of authority to the Commissioner contained in 4 Del.C. §915 to create a voluntary fine assessment plan for any licensee …

800 Suspension of License; Sanctions and Fines 805 (Formerly Rule 64) A Rule Governing Time Within Which To Pay A Fine; Penalty For Failure To Pay A Fine Appeal 1.0 Time Within Which to Pay a Fine Whenever the Commissioner shall impose a fine on a licensee as authorized by the Li…

900 Trade Practices for Suppliers, Wholesales, and Retailers 911 A Rule Permitting Limited Self-Delivery of Beer 1.0 Preamble Section 721 of Title 4 of the Delaware Code permits the Delaware Alcoholic Beverage Control Commissioner ("Commissioner" or "Office") to authorize "any br…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1001(Formerly Rule 65) Bowling Alley Licensees 1.0 Authority 1.1 Pursuant to 4 Del.C. §512(f) , the Delaware Alcoholic Beverage Control Commissioner is empowered to issue licenses for…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1002 (Formerly Rule 66) On-Premises and Off-Site Caterers 1.0 On-Premises Caterers 1.1 Pursuant to 4 Del.C. §512(g)(1) , any caterer as defined by 4 Del.C. §101(8) may apply for a lic…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1003 (Formerly Rule 75) A Rule Pertaining to the Closing of Package Stores, Taverns and Taprooms or Any Off-Premises Licensee 1.0 Purpose The purpose of this rule is to standardize pr…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1004 (Formerly Rule 72) A Rule Pertaining to the Sale of Alcoholic Liquors by Multiple Activity Clubs 1.0 History 1.1 The Commissioner grants multiple activity club licenses to privat…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1006 (Formerly Rule 32) A Rule Defining and Regulating Multiple Activity Clubs Licensed to Sell to Guests of Such Clubs and Guests of Members 1.0 Defining Multiple Activity Clubs 1.1 …

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1007 (Formerly Rule 18) A Rule Regulating Clubs and Multiple Activity Clubs 1.0 Clubs 1.1 "The word "'club"' means a corporation or association created by competent authority, which i…

1000 General Establishments and Clubs Rule 1008 (Formerly Rule 19.1) Bottle Clubs - Licensing and Operation 1.0 Purpose and Scope This regulation implements the 1982 and 1989 amendments to the Delaware Liquor Control Act extending the jurisdiction of the Commissioner to bottle cl…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1009 (Formerly Rule 24) Club Members, Multiple Activity Club Members and Sales of Alcoholic Liquor in Each Such Club 1.0 Clubs 1.1 Except as provided herein, a license for the sale of…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs Rule 1010 (Formerly Rule 62) A Method for Determining Minimum Distances Between Establishments 1.0 Calculation of Measurements 1.1 In computing the distance, pursuant to 4 Del.C. §543, bet…

1100 General Establishment Operations and Practices Rule 1101 (Formerly Rule 2.1) Items Authorized For Sale In Licensed Retail Package Stores 1.0 Items Authorized for Sale 1.1 The following items may be offered for sale in package stores as complementary to the sale of alcoholic …

1100 General Establishment Operations and Practices Rule 1102 (Formerly Rule 52) A Rule Prohibiting the Use of Service Counter by Minors 1.0 Minors Minors are forbidden to sit or stand at a service counter where alcoholic beverages are sold, served or dispensed except in a Multi-…

1100 General Establishment Operations and Practices Rule 1103 (Formerly Rule 61) A Rule Governing Cover Charges and Minimum Charges by Licensed Establishments 1.0 Cover Charges 1.1 Any on-premises licensee licensed for the sale of alcoholic beverages shall be permitted to charge …

1100 General Establishment Operations and Practices Rule 1104 (Formerly Rule 34) A Rule Requiring Certain Establishments Licensed for the Sale of Alcoholic Liquor to Maintain and/or Submit Certain Records or Reports to the Commissioner Concerning Purchases and Inventories of Alco…

1100 General Establishment Operations and Practices Rule 1105 (Formerly Rule 45) A Rule Prohibiting Individuals, Other Than Employees, on Premises of Taverns, Taprooms and Stores During Certain Hours 1.0 Prohibition of Non-Employees During Certain Hours 1.1 Unless previously auth…

1100 General Establishment Operations and Practices Rule 1106 (Formerly Rule 54) A Rule Regarding Removal of Alcoholic Liquors From Licensed Premises During Hours Prohibited For Sale 1.0 Removal of Alcoholic Liquors No holder of any license shall remove or permit the removal of a…

1200 General Establishment Employment Rule 1201 (Formerly Rule 7) A Rule Related to Employment of Persons by an On-Premises Licensee 1.0 Minimum Age Requirements for Employment 1.1 Clubs with authorized dining facilities, hotels, racetracks and restaurants licensed under Title 4 …