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Delaware Statutes, Title 4

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Delaware/Statutes

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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

213 sections·Filtered byTitle 4✕

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…

4 Del. C. § 581. Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2].

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§ 581. Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2]. (a) All persons required to be licensed under this title as an importer shall pay a tax upon the sale of alcoholic beverages to any person who purchases alcohol from an importer in this State at …

4 Del. C. § 581A. Rate of tax for infused beverages; administration and reporting [Effective Feb. 1, 2027].

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§ 581A. Rate of tax for infused beverages; administration and reporting [Effective Feb. 1, 2027]. (a) An importer holding an endorsement to sell and transport infused beverages to package stores or retail marijuana stores in this State must pay a tax upon the sale of infused beve…

4 Del. C. § 582. Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of the United States.

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§ 582. Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of the United States. (a) Any tax paid by an importer or wholesaler to the Department of Finance, pursuant to § 581 of this title, on alcoholic liquors that are sold by suc…

4 Del. C. § 583. Administration of taxes.

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§ 583. Administration of taxes. Except to the extent inconsistent with specific provisions of this title, the provisions of Chapter 5 of Title 30 shall govern the assessment, collection, review and appeal of deficiencies of tax imposed by this title, and any interest and penaltie…

4 Del. C. § 584. State fees in lieu of county and municipal fees; preemption provision.

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§ 584. State fees in lieu of county and municipal fees; preemption provision. The fees, charges and taxes imposed by the State under this title shall be in lieu of all county and municipal license fees and taxes upon the business of manufacturing, supplying, distributing and sell…

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 [Effective Oct. 21, 2026].

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§ 708. Prohibition of sales to certain persons [Effective Oct. 21, 2026]. (a) A person or licensee may not sell any alcoholic liquor or any infused beverage to any of the following: (1) An individual who has not reached the age of 21 years. In any prosecution for an offense under…

4 Del. C. § 709. Prohibition of sales and delivery at certain times [Effective Oct. 21, 2026, and until meeting the contingency in 82 Del. Laws, c. 193, § 5].

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§ 709. Prohibition of sales and delivery at certain times [Effective Oct. 21, 2026, and until meeting the contingency in 82 Del. Laws, c. 193, § 5]. (a) No entity licensed under § 501 of this title or importer shall sell or deliver alcoholic liquor or infused beverages on Sundays…

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. (a) A holder of a license may not 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 that might in any way deceive any …

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, …