Title 4 — Alcoholic Liquors and Marijuana

§ 101. Definitions. As used in this title, in addition to their usual meaning: (1) “Alcohol” means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl …

§ 102. Statewide application; exceptions. (a) This title shall apply to the State, but if, in any of the districts created by § 2, article XIII of the Constitution of this State, a majority of the qualified electors thereof vote against license, the application of this title and …

§ 103. Effective date; extent of effectiveness. (a) Any section or provision of this title which purports to authorize or to license the manufacture, distribution, sale, transportation, importation, purchase or possession of alcoholic liquor, as defined in § 101 of this title, sh…

§ 104. Sale or shipment out of State. (a) No sale of alcoholic liquor shall be made to a person in a state or a division of a state where such sale is prohibited by law. (b) No shipment of alcoholic liquor shall be made into a state or into a division of a state where such shipme…

§ 201. Transition provisions. (a) All definitions and references to any commission, division or agency which appear in any other act or law are to be construed, to the extent they are consistent with this chapter and in connection with the function transferred by this chapter, as…

§ 301. Delaware Alcoholic Beverage Control Commissioner; Appeals Commission; qualifications; appointment; term; compensation. (a) The Commissioner shall be a resident of Delaware and suitably educated and experienced to carry out the duties and responsibilities set forth in this …

§ 302. Location of office [Repealed].38 Del. Laws, c. 18, § 4; Code 1935, § 6133(11); 4 Del. C. 1953, § 302; 57 Del. Laws, c. 404, § 1; 72 Del. Laws, c. 486, § 7; repealed by 83 Del. Laws, c. 339, § 39, effective June 30, 2022; repealed by 83 Del. Laws, c. 514, § 2, effective Oct…

§ 303. Employees. Necessary staff as required shall be employed as required to carry out the work under the chapter. After December 1, 2001, the Joint Legislative Oversight and Sunset Committee will review the duties and responsibilities of the Commissioner to determine if additi…

§ 304. Duties and powers of the Commissioner. (a) The Commissioner, in accordance with the Delaware Administrative Procedures Act, shall: (1) Adopt and promulgate rules and regulations not inconsistent with this title or of any other law of the State, and all such rules and regul…

§ 305. Oath of Office of Commissioner and employees. The Commissioner, Appeals Commission and any hearing officer(s) shall, on entering office, take the oath of the Constitution of the State. Any other employee may be required to take the oath of the Constitution of the State at …

§ 306. Conflict of interest. (a) The Commissioner, Appeals Commission, and any hearing officer(s) or such person’s spouse, or such person’s son or daughter residing at such person’s residence, shall not have a financial interest in any entity that sells, manufactures, or uses alc…

§ 307. Commissioner’s statement of interest in liquor business. When notified of appointment as Commissioner or Appeals Commissioner, the individual so notified shall furnish in duplicate and in writing to the Governor and to the President Pro Tempore of the Senate a statement of…

§ 308. Promulgation, repeal and amendment of rules and regulations. (a) All rules and regulations of the former Alcoholic Beverage Control Commission currently in place as of December 1, 2000, shall remain in full force and effect until revoked or modified in accordance with the …

§ 309. Bond [Repealed]. Repealed by 73 Del. Laws, c. 134, § 1, eff. July 9, 2001.

§ 310. Deposit of receipts with Division of Revenue. All moneys received by the Commissioner shall be paid to the Division of Revenue of the Department of Finance. A monthly report of all receipts of the Commissioner shall be made to the State Treasurer.38 Del. Laws, c. 18, § 11;…

§ 311. Property and profits of the office of the Commissioner. All property owned by the office of the Commissioner and all associated profits shall be the property of the State.38 Del. Laws, c. 18, § 11; Code 1935, § 6141; 4 Del. C. 1953, § 313; 67 Del. Laws, c. 109, § 5; 72 Del…

§ 312. Financial statements of the Commissioner. The Commissioner shall render an account to the State Treasurer, in the manner and at the time required by the latter, of its receipts and disbursements, and of its assets and liabilities. The State Treasurer will not, however, req…

§ 313. Annual audit. The operation of the office of the Commissioner shall annually be examined and audited by the State Auditor of Accounts.38 Del. Laws, c. 18, § 13; Code 1935, § 6142(2); 4 Del. C. 1953, § 315; 59 Del. Laws, c. 107, § 12; 67 Del. Laws, c. 109, § 5; 72 Del. Laws…

§ 401. Division of Alcohol and Tobacco Enforcement. The Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security is established as follows for the administrative, ministerial, budgetary and clerical functions for the enforcement of the alcohol…

§ 402. Location of office [Repealed].72 Del. Laws, c. 486, § 8; repealed by 78 Del. Laws, c. 348, § 1, eff. July 18, 2012.;

§ 403. Duties and powers of the Division. The Division shall: (1) Investigate, prevent and arrest for violations of this title, make seizure of alcoholic liquor, manufactured, sold, kept or transported in contravention thereof, and confiscate such alcoholic liquor whenever requir…

§ 404. Employees of the Division. The Department of Safety and Homeland Security shall appoint, employ or dismiss every officer or employee necessary for carrying out the work of the Division, establish salaries, subject to the Annual Appropriation in the Budget Act, and assign t…

§ 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 …

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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.…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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, §…

§ 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…

§ 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…

§ 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…

§ 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. …

§ 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,…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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;

§ 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, …

§§ 728-730. [Reserved.]