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Delaware Statutes, Title 4

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Delaware/Statutes

← All Delaware coverage

Title 4, Alcoholic Liquors and Marijuana

10 chapters · 213 sections in this title.

All chapters in Title 4213 Ch 13, The Delaware Marijuana Control Act78 Ch 5, LICENSES AND TAXES55 Ch 7, Regulatory Provisions27 Ch 9, Criminal Offenses and Penalties16 Ch 3, Delaware Alcoholic Beverage Control …13 Ch 11, Seizure and Confiscation11 Ch 12, Delaware Responsible Alcoholic Bever…8 Ch 1, General Provisions4 Ch 2, Transition Provisions1

55 sections·Filtered byTitle 4✕Ch 5✕

4 Del. C. § 501. Supplier and representative licenses; importer, wholesaler, and distributor delivery and storage at in-state warehouse [Effective Oct. 21, 2026].
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§ 501. Supplier and representative licenses; importer, wholesaler, and distributor delivery and storage at in-state warehouse [Effective Oct. 21, 2026]. (a) (1) Before a person sells alcoholic liquor intended for importation into this State, the person shall do all of the followi…
4 Del. C. § 502. Application; requirements.
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§ 502. Application; requirements. (a) The application for a license to manufacture or to import alcoholic liquor shall be made upon a blank form furnished by the Commissioner and shall state: (1) The name, age, and previous occupation of an individual applicant or the name and de…
4 Del. C. § 503. Inspection of premises.
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§ 503. Inspection of premises. The Commissioner shall inspect or cause to be inspected premises, located in this State, which are proposed by any applicant to be used for manufacture or storage, and shall make record of the date of such inspection, the name of the inspector and t…
4 Del. C. § 504. Bond.
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§ 504. Bond. The Commissioner may require that any person licensed in accordance with § 501 of this title shall furnish a satisfactory bond in such amount as the Commissioner deems necessary to guarantee the performance of the requirements of this title.38 Del. Laws, c. 18, § 15;…

4 Del. C. § 505. Conditions for issuance of license.

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§ 505. Conditions for issuance of license. No license to manufacture or import shall be issued unless the Commissioner is satisfied as to the responsibility of the applicant, as to the condition of the premises proposed to be used and as to the means proposed to be used to determ…

4 Del. C. § 506. Interest in establishment selling to consumer.

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§ 506. Interest in establishment selling to consumer. (a) It shall be unlawful: (1) For a manufacturer or supplier, or the owner, partner or stockholder of a manufacturer or supplier, to own or be interested in any manner in any establishment licensed by the Commissioner to sell …

4 Del. C. § 507. Monthly report.

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§ 507. Monthly report. (a) Notwithstanding any of the provisions of this chapter, every importer of alcoholic liquors licensed by the Commissioner shall make a report to the Commissioner every month, in the form that the Commissioner determines, which report shall contain an exac…

4 Del. C. § 508. Filing of price schedules required.

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§ 508. Filing of price schedules required. (a) All manufacturers and distilleries offering alcoholic liquors for sale in this State shall annually file a verified schedule, in writing, on the form required by the Commissioner. A verified schedule must contain all of the following…

4 Del. C. § 511. General licensing requirements.

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§ 511. General licensing requirements. (a) (1) Upon proper application, the Commissioner may grant licenses to persons described in §§ 512-521 of this title to purchase and resell or dispense alcoholic liquor in the manner and to the extent provided in those sections. The person …

4 Del. C. § 512. Licenses.

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§ 512. Licenses. (a) Any person, who is the owner or lessee, or who is recognized by the Commissioner as being in charge of a hotel, beer garden, motel, taproom, restaurant, motorsports speedway, concert hall, horse racetrack, multi-purpose sports facility, club or multiple activ…

4 Del. C. § 512A. Farm wineries.

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§ 512A. Farm wineries. (a) Upon proper application and subject to the provisions, restrictions and prohibitions of this title, the Commissioner may grant a license to any person who is the owner or lessee of a farm winery to manufacture, ferment, blend, age, store and bottle wine…

4 Del. C. § 512B. Brewery-pubs.

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§ 512B. Brewery-pubs. (a) Subject to the provisions, restrictions, and prohibitions of this title, the Commissioner may grant a brewery-pub license to each qualified applicant. No person shall own or operate a brewery-pub unless licensed to do so by the Commissioner. For purposes…

4 Del. C. § 512C. Microbreweries; license; alternating premises [Effective Oct. 21, 2026].

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§ 512C. Microbreweries; license; alternating premises [Effective Oct. 21, 2026]. (a) Upon proper application and subject to the applicable provisions, restrictions, and prohibitions under this title, the Commissioner may grant a license to any of the following: (1) A person who i…

4 Del. C. § 512D. Wine and spirits auctions.

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§ 512D. Wine and spirits auctions. (a) Subject to the provisions, restrictions and prohibitions of this title, the Commissioner may grant a wine auction license, a spirits auction license, or a wine and spirits auction license to each qualified applicant. No person shall operate …

4 Del. C. § 512E. Craft distillery.

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§ 512E. Craft distillery. (a) Upon proper application and subject to the applicable provisions, restrictions and prohibitions of this title, the Commissioner may grant a license to any person who is the owner or lessee of a craft distillery to manufacture and sell spirits. (b) Fo…

4 Del. C. § 512F. Temporary large events.

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§ 512F. Temporary large events. Any person licensed under § 512 of this title hosting a temporary large event may share the profits from the event, including the profits from alcohol sales, with the temporary large event promoter, and such sharing of profits shall not be in viola…

4 Del. C. § 512G. Shipment of alcoholic beverages between commonly-owned entities.

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§ 512G. Shipment of alcoholic beverages between commonly-owned entities. (a) Any entity licensed in this State pursuant to § 512A, § 512B, § 512C or § 512E of this title, or any out-of-state supplier licensed pursuant to § 501 of this title who, as determined by the Commissioner,…

4 Del. C. § 512H. Special event license [For application of this section, see 85 Del. Laws, c. 269, § 23].

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§ 512H. Special event license [For application of this section, see 85 Del. Laws, c. 269, § 23]. (a) (1) Subject to the provisions, restrictions, and prohibitions of this title, the Commissioner may grant a special event license to a qualified applicant, upon the applicant paying…

4 Del. C. § 513. Sale of beer and wine for consumption on premises of tavern.

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§ 513. Sale of beer and wine for consumption on premises of tavern. (a) Any person in charge of a tavern may apply to the Commissioner for a license to purchase from an importer and to receive, keep, and sell beer and wine, if such beverages are consumed on the premises where sol…

4 Del. C. § 514. Gathering licenses; consumption on premises.

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§ 514. Gathering licenses; consumption on premises. (a) If alcoholic liquors are to be sold during a gathering of persons, the manager or person in charge of the gathering of persons, or the owner, tenant, or person in charge of the premises in which the gathering of persons is b…

4 Del. C. § 515. Sale to members of club and multiple activity club.

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§ 515. Sale to members of club and multiple activity club. (a) A club or multiple activity club may apply to the Commissioner for a license to purchase spirits, wine, or beer and to sell the spirits, wine, or beer to a member of the club. (b) (1) A bottle club is not a club. (2) …

4 Del. C. § 515A. Licenses for bottle clubs [For application of this section, see 85 Del. Laws, c. 269, § 23].

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§ 515A. Licenses for bottle clubs [For application of this section, see 85 Del. Laws, c. 269, § 23]. (a) Except as provided in this section, it is unlawful to operate a bottle club for profit or pecuniary gain. (b) The Commissioner may, upon application, grant a license to the ow…

4 Del. C. § 516. Consumption off the premises of a package store, restaurant, club, or taproom [Effective Oct. 21, 2026; Effective until Jan. 23, 2027].

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§ 516. Consumption off the premises of a package store, restaurant, club, or taproom [Effective Oct. 21, 2026; Effective until Jan. 23, 2027]. (a) (1) a. Any person in charge of a package store, whether owner, lessee, or manager, and recognized as such by the Commissioner, may ap…

4 Del. C. § 517. Pharmacists.

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§ 517. Pharmacists. Any person, whether as owner, lessee or manager, who conducts a pharmacy which is recognized as such by the Commissioner, and in which pharmacy there is in constant attendance a pharmacist, may purchase alcoholic liquors and may keep and sell the same on the p…

4 Del. C. § 518. Physicians, dentists, veterinarians and medical institutions.

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§ 518. Physicians, dentists, veterinarians and medical institutions. (a) A physician or dentist may purchase alcoholic liquors for professional purposes without a permit or license. A physician may administer alcoholic beverages to a bona fide patient in cases of actual need when…

4 Del. C. § 519. Hospital; retention and use.

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§ 519. Hospital; retention and use. Any person in charge of a hospital recognized by the Commissioner as such may purchase alcoholic liquors, and may keep and administer alcoholic liquors for purposes of compounding medicines or to use alcohol for purposes of sterilization withou…

4 Del. C. § 520. Clergymen; wine for sacramental purposes.

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§ 520. Clergymen; wine for sacramental purposes. Any minister, priest, rabbi or clergyman of any established or recognized church or religious sect may purchase wine for sacramental purposes, and may keep and use wine for sacramental purposes, without a permit or license.38 Del. …

4 Del. C. § 521. Temporary license to sell by the glass.

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§ 521. Temporary license to sell by the glass. A temporary license to sell alcoholic liquor of 1 or more varieties, by the glass only, and for a period of not more than 3 months, may be granted by the Commissioner to any person to whom a biennial license may be issued under this …

4 Del. C. § 522. Application for license to purchase for resale.

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§ 522. Application for license to purchase for resale. (a) Any person proposing to purchase alcoholic liquor for resale shall make application to the Commissioner for license. (b) Any individual 21 years of age or older may apply for a license permitting the purchase of alcoholic…

4 Del. C. § 523. Application by partnership or corporation; liability for fines or costs.

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§ 523. Application by partnership or corporation; liability for fines or costs. If a license to purchase for resale is to be used on behalf of a partnership or corporation, the application therefor shall be accompanied by a declaration to that effect signed by an authorized membe…

4 Del. C. § 524. Notice of application.

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§ 524. Notice of application. (a) An application for a new license to purchase for resale, for transfer of an existing license, or for a substantive change to a license or licensed premise shall be filed with the Commissioner’s office. (b) Upon filing of an application for a new …

4 Del. C. § 525. Spirits, wine, and beer tasting [Effective Oct. 21, 2026].

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§ 525. Spirits, wine, and beer tasting [Effective Oct. 21, 2026]. A license to permit spirits, wine, and beer tasting may be granted by the Commissioner to any person holding a package store license as a package store under § 516 of this title. Spirits, wine, and beer tasting may…

4 Del. C. § 526. Direct shipping of wine [Effective until Aug. 15, 2030].

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§ 526. Direct shipping of wine [Effective until Aug. 15, 2030]. (a) Notwithstanding § 501 of this title, upon proper application and subject to the applicable provisions, restrictions and prohibitions of this title, the Commissioner may grant a wine direct shipper license to any …

4 Del. C. § 527. Common carrier license [Expires Aug. 15, 2030, pursuant to 85 Del. Laws, c. 139, § 7] [Effective until Aug. 16, 2031].

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§ 527. Common carrier license [Expires Aug. 15, 2030, pursuant to 85 Del. Laws, c. 139, § 7] [Effective until Aug. 16, 2031]. (a) For the purposes of this title, “common carrier” means a business entity that: (1) Holds itself out as being available to the public to transport in i…

4 Del. C. § 541. Procedural requirements governing Commissioner’s action; hearing; appeal.

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§ 541. Procedural requirements governing Commissioner’s action; hearing; appeal. (a) The Commissioner shall distribute and receive all of the applications for licensure under this chapter, and shall refer the application to the Division for investigation, and if it appears that a…

4 Del. C. § 542. Decision upon application for renewal of license; time of making.

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§ 542. Decision upon application for renewal of license; time of making. On or before the first day of the month preceding the biennial expiration date of a license, the Commissioner shall render its decision upon every application properly and completely made to it on or before …

4 Del. C. § 543. Grounds for refusal of license; transfer or extension of premises.

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§ 543. Grounds for refusal of license; transfer or extension of premises. (a) The Commissioner shall refuse to grant a license to be used in any county or subdivision thereof, if contrary to any prohibitory law then in force, in such county or subdivision thereof. (b) The Commiss…

4 Del. C. § 544. Finality of Commissioner’s decision refusing license.

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§ 544. Finality of Commissioner’s decision refusing license. If an application is not timely protested, but the Commissioner determines that the application should nevertheless be denied, the Commissioner shall render the decision promptly in writing. The Commissioner’s decision …

4 Del. C. § 545. Improvements to premises.

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§ 545. Improvements to premises. The Commissioner may not require an applicant to make improvements to the premises before the issuance of a license; however, the Commissioner may issue a license to sell alcoholic liquor upon the condition that certain improvements shall be made …

4 Del. C. § 546. Limit on number of package store licenses [Effective Oct. 21, 2026].

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§ 546. Limit on number of package store licenses [Effective Oct. 21, 2026]. (a) (1) The General Assembly finds that, in order for the Commissioner to maintain effective control of the importation, distribution, and sale of alcoholic liquor into and within this State, and in order…

4 Del. C. § 551. Issuance of certificate.

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§ 551. Issuance of certificate. If the Commissioner grants the license and payment therefor has been made, a certificate to that effect shall be issued. The certificate shall set forth the name, the kind of license granted, the date of expiration of the license, and if a license …

4 Del. C. § 552. Term and expiration date of licenses.

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§ 552. Term and expiration date of licenses. All licenses issued under this title shall be valid for a period of 2 years, unless it is specifically stated in this title or by the Commissioner to be for a shorter period of time, or unless the license shall be cancelled, revoked or…

4 Del. C. § 553. Rate of payment for license issued for other than 2 years.

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§ 553. Rate of payment for license issued for other than 2 years. A license issued for a time other than 2 years shall be paid for when issued at the rate of one twenty-fourth of the biennial fee for each month of the term.38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1…

4 Del. C. § 554. License fees [Effective until Jan. 23, 2027].

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§ 554. License fees [Effective until Jan. 23, 2027]. (a) For a license to sell alcoholic liquor in a hotel or restaurant the biennial license fee shall be $1,000. (b) For a license to sell alcoholic liquor on a boat the biennial license fee shall be $1,000. (c) For a license to s…

4 Del. C. § 561. Grounds for cancellation or suspension.

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§ 561. Grounds for cancellation or suspension. (a) The Commissioner may cancel every license made use of on behalf of any person other than the one to whom or on behalf of whom it has been issued. (b) The Commissioner may suspend any license and/or fine any licensee for the sale …

4 Del. C. § 562. Public hearing and right of appeal.

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§ 562. Public hearing and right of appeal. (a) No license shall be cancelled or suspended, or any licensee fined: (1) Until the licensee has been given a public hearing by the Commissioner at which time the licensee shall be entitled to legal representation and to present witness…

4 Del. C. § 563. Effect of cancellation or surrender of license; notice.

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§ 563. Effect of cancellation or surrender of license; notice. (a) The cancellation or the acceptance of a surrender of any license shall entail the loss of the privilege conferred by the license and shall entail the acceptance of or the seizure by the Commissioner of any alcohol…

4 Del. C. § 564. Payments to former licensee.

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§ 564. Payments to former licensee. The Department of Finance shall, within 30 days of the date of the cancellation or acceptance of surrender of a license, remit to the former licensee a part of the license fee which has been paid and pertains to the unexpired term of the licens…

4 Del. C. § 571. Transfer of license.

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§ 571. Transfer of license. (a) The rights conferred by a license may be transferred by the Commissioner to any representative designated by the person to whom or on behalf of whom the license was originally granted, if such representative is a person approved by the Commissioner…

4 Del. C. § 572. Death of licensee; payments to licensee’s estate.

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§ 572. Death of licensee; payments to licensee’s estate. If any licensee dies and no application is made for transfer of the license, or the Commissioner refuses to permit the transfer of the license to another person, the Department of Finance shall return to the legal represent…