Title 4 — Alcoholic Liquors and Marijuana
10 chapters · 85 sections in this title.
4 Del. C. § 701. Persons authorized to make sale and delivery of alcoholic liquors.
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§ 701. Persons authorized to make sale and delivery of alcoholic liquors. (a) No sale and delivery of alcoholic liquor shall be made in this State unless by a manufacturer or other person who holds a license of the Commissioner to sell and deliver alcoholic liquor and unless the …
4 Del. C. § 702. Delivery of alcohol or spirits by manufacturer or importer.
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§ 702. Delivery of alcohol or spirits by manufacturer or importer. The Commissioner may issue a written order signed by the Commissioner authorizing a manufacturer or importer to deliver alcohol or spirits in specified quantity to a person who holds a license to sell such alcohol…
4 Del. C. § 703. Sale and delivery of wine or beer by manufacturer or importer.
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§ 703. Sale and delivery of wine or beer by manufacturer or importer. No manufacturer or importer shall sell, ship, transport or deliver wine or beer within this State to any person unless in accordance with the published regulations of the Commissioner and unless a statement of …
4 Del. C. § 704. Commissioner regulation of wine or beer sales.
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§ 704. Commissioner regulation of wine or beer sales. The Commissioner may make a regulation authorizing a manufacturer or importer to sell, transport or deliver wine or beer within this State to any person or class of persons authorized under this title to receive wine or beer.3…
4 Del. C. § 705. Containers for sale and delivery of beer for consumption off premises.
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§ 705. Containers for sale and delivery of beer for consumption off premises. No sale and delivery of beer, for consumption off the premises where sold, shall be made in open containers, but sales or delivery may be made in bottles, half bottles, barrels, half barrels or quarter …
4 Del. C. § 706. Sale or service of alcoholic liquors to intoxicated person.
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§ 706. Sale or service of alcoholic liquors to intoxicated person. Any licensee, or employee of a licensee, or person in charge of a licensed premises shall refuse to sell or serve alcoholic liquors to any individual if such individual is intoxicated or appears to be intoxicated.…
4 Del. C. § 707. Home manufacture of beer or wine for personal consumption.
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§ 707. Home manufacture of beer or wine for personal consumption. (a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in…
4 Del. C. § 708. Prohibition of sales to certain persons.
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§ 708. Prohibition of sales to certain persons. (a) No person or licensee shall sell any alcoholic liquor to any: (1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be an affirmative defense that the…
4 Del. C. § 709. Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5].
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§ 709. Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5]. (a) No entity licensed pursuant to § 501 of this title or importer shall sell or deliver alcoholic liquor on Sundays, Thanksgiving, Easter or Christmas…
4 Del. C. § 710. Reports by importers.
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§ 710. Reports by importers. The Commissioner shall require every importer to make a monthly report of the importer’s manufacture, purchases, stocks and sales of alcoholic liquor to the Commissioner.38 Del. Laws, c. 18, § 28; Code 1935, § 6157; 4 Del. C. 1953, § 718; 57 Del. Laws…
4 Del. C. § 711. Refilling bottles.
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§ 711. Refilling bottles. Alcoholic liquor in bottles, procured by the holder of a license to resell for the purpose of delivering the same to consumers, shall be kept in the bottles in which it was procured. As long as any such bottle bears the mark or label which it bore when d…
4 Del. C. § 712. Label on bottle.
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§ 712. Label on bottle. No holder of a license shall use or allow the use of any mark or label on a bottle, in which alcoholic liquor is kept for sale, that does not precisely and clearly indicate the nature of the contents of the bottle, or which might in any way deceive any con…
4 Del. C. § 713. Mixing unauthorized with authorized liquor.
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§ 713. Mixing unauthorized with authorized liquor. No person shall, for any reason, mix or permit the mixing of or cause to be mixed any alcoholic liquor which is not authorized to be sold with any alcoholic liquor the sale of which is authorized to be sold.38 Del. Laws, c. 18, §…
4 Del. C. § 714. Places for keeping spirits, wines or beer.
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§ 714. Places for keeping spirits, wines or beer. No person shall keep spirits, wines or beer in the State except: (1) In an establishment licensed by the Commissioner to sell alcoholic liquor; (2) In an establishment where it is expressly permitted by the Commissioner to keep al…
4 Del. C. § 715. Places for keeping alcohol.
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§ 715. Places for keeping alcohol. No person shall keep alcohol in the State, except: (1) In the establishment of a pharmacist, physician, dentist, veterinarian, wholesale druggist, university, college, school or manufacturing plant where the alcohol is used in industrial or scie…
4 Del. C. § 716. Transportation of spirits, wines or beer.
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§ 716. Transportation of spirits, wines or beer. No person shall transport spirits, wines or beer in this State, except: (1) Directly from one establishment in this State to another establishment belonging to or leased by the same person, provided he or she holds a license to tra…
4 Del. C. § 717. Transportation of alcohol.
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§ 717. Transportation of alcohol. No person shall transport alcohol in the State, except where it is expressly permitted by the Commissioner to transport such alcohol.38 Del. Laws, c. 18, § 36; Code 1935, § 6165; 41 Del. Laws, c. 251, § 1; 4 Del. C. 1953, § 725; 67 Del. Laws, c. …
4 Del. C. § 718. Shipping and transporting alcoholic liquor.
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§ 718. Shipping and transporting alcoholic liquor. (a) If alcoholic liquor is to be shipped to a point within the State by other than the manufacturer or importer thereof, the transportation thereof outside of the municipality in which the establishment of the seller is situated,…
4 Del. C. § 719. Distillery and wine manufacturer.
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§ 719. Distillery and wine manufacturer. (a) No provision of this title shall prevent any distillery or brewery, duly licensed by the United States or by this State to manufacture alcohol or spirits in this State, or any wine manufacturer in this State from having or keeping for …
4 Del. C. § 720. Storage of alcoholic liquors.
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§ 720. Storage of alcoholic liquors. All holders of licenses for the sale of alcoholic liquor in a tavern, restaurant or taproom, and as to the public sale portions of the premises covered by holders of a hotel or club license, shall store all alcoholic liquor in adequate storage…
4 Del. C. § 721. Brewery.
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§ 721. Brewery. No provision of this title shall prevent the Commissioner from authorizing any brewery to sell and to deliver beer to any person in this State who holds a license to receive and resell beer, if a duplicate bill of each sale is filed with or mailed to the Commissio…
4 Del. C. § 722. Physicians, dentists, veterinarians and pharmacists.
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§ 722. Physicians, dentists, veterinarians and pharmacists. (a) No provision of this title shall prevent any individual who is licensed in this State to practice medicine, surgery or obstetrics, or dentistry, or veterinary medicine or surgery from purchasing alcoholic liquor in q…
4 Del. C. § 723. Disposition of stock of insolvent, deceased or former licensee.
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§ 723. Disposition of stock of insolvent, deceased or former licensee. (a) In the case of a seizure of alcoholic liquor under any judgment rendered against the holder of any license or in the case of insolvency of such person, the officer seizing such alcoholic liquor or the trus…
4 Del. C. § 724. Retaliatory beer tax and regulations; violations by out-of-state manufacturers of beer; hearing, penalties and appeal.
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§ 724. Retaliatory beer tax and regulations; violations by out-of-state manufacturers of beer; hearing, penalties and appeal. (a) In addition to compliance with all other provisions of this title, the Commissioner shall require each person, not a licensee of this State, who desir…
4 Del. C. § 725. Preparations containing alcoholic liquors but not intended for use as a beverage.
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§ 725. Preparations containing alcoholic liquors but not intended for use as a beverage. (a) No provision of this title shall, by reason only of the fact that the product contains alcoholic liquor, prevent any of the following: (1) The sale of any perfume, lotion, tincture, varni…
4 Del. C. § 726. Liability for price of illegal sale of alcoholic liquors.
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§ 726. Liability for price of illegal sale of alcoholic liquors. No action to recover the price of any alcoholic liquor sold in contravention of this title may be maintained.38 Del. Laws, c. 18, § 53; Code 1935, § 6181; 4 Del. C. 1953, § 733; 67 Del. Laws, c. 109, § 19;
4 Del. C. § 727. Sale at last call/closing hour of an establishment.
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§ 727. Sale at last call/closing hour of an establishment. No more than 1 alcoholic beverage may be sold to a person less than 15 minutes prior to closing each day that a license is open pursuant to this title. Any server who violates this section shall be guilty of a violation, …
4 Del. C. § 728-730. [Reserved.]
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§§ 728-730. [Reserved.]