Delaware Administrative Code

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 …

1200 General Establishment Employment Rule 1202 (Formerly Rule 7.1) Employment of Persons Who Have Reached the Age of 18 Years in Package Stores 1.0 Definitions The following words and terms, when used in this regulation, have the following meaning: " Retailer " means the person …

1200 General Establishment Employment Rule 1203 (Formerly Rule 73) Standards for Server Training Providers 1.0 Purpose and Applicability This Rule shall govern the training curricula, examination, and certification standards for all Commissioner-approved server training courses. …

1300 Advertising and Promotion of Alcoholic Liquor Rule 1301 (Formerly Rule 27) Advertising and Promotion of Alcoholic Liquor 1.0 Definition " Advertisement ” or “ Promotion " shall mean any written or oral statement, illustration, or depiction which is intended to induce sales o…

1400 Tastings and Samples Rule 1401 (Formerly Rule 11.1) Spirits, Wine, and Beer Tastings 1.0 Applicability The Commissioner may grant a spirits, wine, and beer tasting license to any person holding a retailer license as defined by 4 Del.C. §101 (5) for a biennial fee of $150. 2.…

1400 Tastings and Samples Rule 1402 (Formerly Rule 15) A Rule to Regulate the Use of Samples For Tasting 1.0 Samples for Tasting 1.1 A licensed Importer may import alcoholic beverages for marketing purposes to provide samples for tasting to the holder of a retailers' license. 1.2…

1400 Tastings and Samples Rule 1403 (Formerly Rule 16) A Regulation Concerning the Solicitation of Orders for Alcoholic Liquors in the State of Delaware, the Transportation of Samples, and Standards for Providing for the Issuance of Permits in Connection Therewith 1.0 Solicitatio…

1500 Gambling Rule 1501 (Formerly Rule 40) A Rule Pertaining to Gambling on Licensed Premises 1.0 Purpose and Findings 1.1 The purpose of this rule is to promote the health, safety, and welfare of the citizens of this state by providing administrative guidelines for those establi…

1600 Drug Activities Rule 1601 (Formerly Rule 70) A Rule Pertaining to Drug Activities on Licensed Premises 1.0 Purpose 1.1 This rule implements and clarifies the grant of authority to the Commissioner contained in 4 Del.C. §304(a)(2) to control the time, place, and manner in whi…

700 Renewal and Alterations of Licenses Rule 705 - Expansion of Outdoor Seating: Procedures, Standards and Fees 1.0 Purpose and Scope 1.1 Licenses issued under the provisions of Title 4, Delaware Code (the Delaware Liquor Control Act) are approved based upon the physical plan as …

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 901 (Formerly Rule 46) A Rule Governing the Contractual Relationships Between Suppliers and Wholesalers for the Distribution of Alcoholic Beverages 1.0 Preamble Historically, in Delaware the distribution of particu…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 902 (Formerly Rule 13) Labeling, and Standards of Identity and Standards of Fill of Alcoholic Liquors 1.0 Purpose and Scope. This rule is intended to reduce obstacles to commerce in alcoholic liquors by adopting, t…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 903 (Formerly Rule 8.1) A Rule Governing the Shipment and Storage of Alcoholic Liquors by Suppliers and Wholesalers 1.0 Purpose 1.1 This amended rule is promulgated, in part, pursuant to the Commissioner's authorit…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 904 (Formerly Rule 29) Publication of Prices and Post-offs By Importers (a.k.a."Wholesalers") 1.0 Applicability This regulation shall govern the procedure by which all licensed wholesalers notice prices, post-offs,…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 905 (Formerly Rule 14) A Rule Governing Alcoholic Liquors Returned to the Manufacturer by the Importer 1.0 Returned Merchandise 1.1 Spirits and wine upon which a tax has already been paid and beer which has been de…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 906 (Formerly Rule 31) A Rule Governing The Return Of Alcoholic Liquor to The Seller After It Has Been Received By The Purchaser 1.0 Returned Merchandise 1.1 No licensee, Wholesaler or retailer, shall accept the re…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 907 (Formerly Rule 43) A Rule Governing Employees of Supplier or Wholesaler Licensees 1.0 Serving as an officer or director and/or being employed 1.1 No employee, officer, director, stockholder, member, owner or pa…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 908 (Formerly Rule 2) Prohibited Trade Practices 1.0 Purpose 1.1 The Commissioner has concluded that reasonable marketing techniques are acceptable in the liquor industry. 1.2 Promotional activities which tend to e…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 909 (Formerly Rule 77) A Rule Pertaining to the License of Direct Shippers 1.0 Purpose For the purpose of fulfilling the requirements set forth by the General Assembly in section 1 of 72 Del.Laws, c.230, to be codi…

900 Trade Practices for Suppliers, Wholesales, and Retailers Rule 910 (Formerly Rule Number 33) A Rule Defining And Regulating The Quantities Of Sales And Methods Of Deliveries Of Certain Off-premises Sales By Licensees 1.0 Sales and Deliveries 1.1 The holder of a license for the…

Title 5 Banking 100 State Bank Commissioner 100 State Bank Commissioner '; document.write (setPDFLink(strFile)); // --> 101 Retention of Financial Institution Records 5 Del.C. �141 Formerly Regulation No.: 5.141.0001.NC Effective Date: September 22, 1995 Section 141 of Title 5 …

100 State Bank Commissioner 102 Procedures Governing the Creation and Existence of an Interim Bank Effective Date: February 11, 2019 This regulation establishes procedures governing the creation and existence of an Interim Bank, which shall have no authority to conduct a banking …

1201 Policies and Procedures Regarding FOIA Requests Effective date: October 11, 2020 1.0 Purpose The purpose of this regulation is to set forth the rules and procedures for responding to requests from the public for Public Records under Chapter 100 of the Delaware Code , the Fre…

DEPARTMENT OF STATE Office of the State Bank Commissioner 1100 Taxation 1101 Election to Be Treated for Tax Purposes as a “Subsidiary Corporation” of a Delaware Chartered Banking Organization or Trust Company, National Bank Having its Principal Office in Delaware, or Out-of-State…

Title 5 Banking 1100 Taxation 1100 Taxation '; document.write (setPDFLink(strFile)); // --> 1102 Regulations Governing the Organization, Chartering, Supervision, Operation and Authority of a Delaware Foreign Bank Limited Purpose Branch, a Delaware Foreign Bank Agency and a Delawa…

1100 Taxation 1103 Instructions for Preparation of Franchise Tax 5 Del.C . Ch . 11 Effective Date: September 12, 2019 1.0 This regulation applies to banking organizations and trust companies, other than resulting branches in this State of out-of-state banks or federal savings ban…

1100 Taxation 1104 Estimated Franchise Tax Report 5 Del.C . Ch. 1 1 Effective Date: February 11, 2017 1.0 This report shall be completed by any banking organization (other than a resulting branch in this State of an out-of-state bank, as defined in §1101(a) of Title 5 of the Dela…

1100 Taxation 1105 Final Franchise Tax Report 5 Del.C. Ch. 11 Effective Date: February 11, 2017 This report shall be completed by all banking organizations (other than resulting branches in this State of out-of-state banks, as defined in §1101(a) of Title 5 of the Delaware Code) …

1100 Taxation 1106 Instructions for Preparation of Franchise Tax for Federal Savings Banks Not Headquartered in this State but Maintaining Branches in this State 5 Del.C . Ch. 11 Effective Date: February 11, 2017 1.0 This regulation applies only to federal savings banks not headq…

1100 Taxation 1107 Estimated Franchise Tax Report Federal Savings Banks Not Headquartered in Delaware 5 Del.C . Ch. 11 Effective Date: February 11, 2017 This report shall be completed by any federal savings bank not headquartered in this State but maintaining branches in this Sta…

1100 Taxation 1108 Final Franchise Tax Report Federal Savings Banks Not Headquartered in Delaware 5 Del.C . Ch. 11 Effective Date: October 11, 2020 This report shall be completed by any federal savings bank not headquartered in this State but maintaining branches in this State an…

1100 Taxation 1109 Instructions for Calculation of Employment Tax Credits (5 Del.C. §1105) 5 Del.C. §1105 Effective Date: February 11, 2017 This regulation provides for the calculation of employment tax credits for the tax years 1997 through 2011 and 2012 through 2031 for entitie…