Chapter 5

§ 501 Supplier and representative licenses; importer; delivery and storage at in-state warehouse [Effective until Oct. 21, 2026]. (a) (1) Before a person sells alcoholic liquor intended for importation into this State, the person shall do all of the following: a. Obtain from the Commissioner a supplier’s license in the form prescribed by the Commissioner. b. Pay a biennial license fee in the amount of $100 to be permitted to sell not more than 200 cases of alcoholic liquors for importation into this State during the calendar year or a biennial fee in the amount of $1,000 to be permitted to sell more than 200 cases of alcoholic liquors for importation into this State during the calendar year. (2) This subsection does not apply to any of the following: a. A person licensed under subsection (b) of this section. b. A person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. c. A person who is an officer, director, or employee of a person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. (b) (1) Before a person may do any business in this State in any manner whatsoever as a sales representative of a person who sells any alcoholic liquors intended for importation into this State, the person shall do all of the following: a. Obtain from the Commissioner a sales representative license in the form to be prescribed by the Commissioner. b. Pay a $50 biennial license fee. (2) Unless employed in any way by a person required to be licensed under subsection (a) of this section, this subsection does not apply to any of the following: a. A person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. b. A person who is an officer, director, or employee of a person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. (c) (1) This section does not apply to a daily importation into this State of a quantity of alcoholic liquor that does not exceed the amount of alcoholic liquor the United States government permits to be imported into the United States without payment of any duty thereon, provided such alcoholic liquor is imported as follows: a. By a person permitted by the laws of this State to purchase and consume alcoholic liquor. b. Solely for consumption by the person importing it or the person’s family or guests. (2) If such importation is by motor vehicle, the alcoholic liquor must be transported in an area of the motor vehicle not immediately accessible to the driver or to any passenger in the motor vehicle. (d) Persons licensed by the Commissioner as suppliers under this section are authorized only to sell, ship, or deliver alcoholic liquors to licensed Delaware importers or manufacturers, and persons licensed by the Commissioner as sales representatives under this section are authorized only to solicit orders, on behalf of licensed Delaware importers or manufacturers, from persons licensed by the Commissioner to sell alcoholic liquors. (e) The Commissioner may promulgate rules and regulations the Commissioner deems necessary for the enforcement or furtherance of the objectives of this section. The Commissioner may provide by such rules or regulations that the applicant for a supplier’s license may pay a fee for each calendar year or pay the increased fee during any calendar year without the filing of an additional application. (f) (1) A person may not import alcoholic liquor into this State, unless the alcoholic liquor is delivered directly to a licensed warehouse in this State owned, leased, or operated by a licensed Delaware importer and is unloaded and physically stored in the warehouse (2) An importer licensed as a supplier by the Commissioner must deliver alcoholic liquors directly to a licensed warehouse in this State owned, leased, or operated by a licensed Delaware importer and unload and physically store the alcoholic liquors in the warehouse. 38 Del. Laws, c. 18, §  15 ; Code 1935, §  6144(1); 4 Del. C. 1953, §  501; 58 Del. Laws, c. 25 ; 59 Del. Laws, c. 107, §  13 ; 67 Del. Laws, c. 48, §  2 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 408, §§  1, 2 ; 72 Del. Laws, c. 486, §  9 ; 77 Del. Laws, c. 72, §  2 ; 85 Del. Laws, c. 269, § 5 ; § 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 following: a. Obtain from the Commissioner a supplier’s license in the form prescribed by the Commissioner. b. Pay a biennial license fee in the amount of $100 to be permitted to sell not more than 200 cases of alcoholic liquors for importation into this State during the calendar year or a biennial fee in the amount of $1,000 to be permitted to sell more than 200 cases of alcoholic liquors for importation into this State during the calendar year. (2) This subsection does not apply to any of the following: a. A person licensed under subsection (b) of this section. b. A person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. c. A person who is an officer, director, or employee of a person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. (b) (1) Before a person may do any business in this State in any manner whatsoever as a sales representative of a person who sells any alcoholic liquors intended for importation into this State, the person shall do all of the following: a. Obtain from the Commissioner a sales representative license in the form to be prescribed by the Commissioner. b. Pay a $50 biennial license fee. (2) Unless employed in any way by a person required to be licensed under subsection (a) of this section, this subsection does not apply to any of the following: a. A person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. b. A person who is an officer, director, or employee of a person who is licensed by the Commissioner and has a place of business in this State for the manufacture or sale of alcoholic liquors. (c) (1) This section does not apply to a daily importation into this State of a quantity of alcoholic liquor that does not exceed the amount of alcoholic liquor the United States government permits to be imported into the United States without payment of any duty thereon, provided such alcoholic liquor is imported as follows: a. By a person permitted by the laws of this State to purchase and consume alcoholic liquor. b. Solely for consumption by the person importing it or the person’s family or guests. (2) If such importation is by motor vehicle, the alcoholic liquor must be transported in an area of the motor vehicle not immediately accessible to the driver or to any passenger in the motor vehicle. (d) Persons licensed by the Commissioner as suppliers under this section and persons who manufacture infused beverages under this title are may be authorized only to sell, ship, or deliver alcoholic liquors to licensed Delaware importers or manufacturers, and persons with an infused beverage endorsement under § 1335E of this title to sell, ship, and deliver infused beverages may also be authorized to sell, ship, or deliver infused beverages only to licensed Delaware importers. Persons licensed by the Commissioner as sales representatives under this section are may be authorized only to solicit orders, on behalf of licensed Delaware importers or manufacturers, from persons licensed by the Commissioner to sell alcoholic liquors. (e) The Commissioner may promulgate rules and regulations the Commissioner deems necessary for the enforcement or furtherance of the objectives of this section. The Commissioner may provide by such rules or regulations that the applicant for a supplier’s license may pay a fee for each calendar year or pay the increased fee during any calendar year without the filing of an additional application. (f) (1) A person may not import alcoholic liquoror infused beverage into this State, unless the alcoholic liquor or infused beverage is delivered directly to a licensed warehouse in this State owned, leased, or operated by a licensed Delaware importer, wholesaler, or distributor and is unloaded and physically stored in the warehouse. (2) An importer licensed as a supplier by the Commissioner must deliver alcoholic liquors directly to a licensed warehouse in this State owned, leased, or operated by a licensed Delaware importer, wholesaler, or distributor to be unloaded and physically stored in the warehouse. 38 Del. Laws, c. 18, §  15 ; Code 1935, §  6144(1); 4 Del. C. 1953, §  501; 58 Del. Laws, c. 25 ; 59 Del. Laws, c. 107, §  13 ; 67 Del. Laws, c. 48, §  2 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 408, §§  1, 2 ; 72 Del. Laws, c. 486, §  9 ; 77 Del. Laws, c. 72, §  2 ; 85 Del. Laws, c. 269, § 5 ; 85 Del. Laws, c. 394, § 1 ; § 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 description of a partnership, corporation, or other applicant organization; (2) The location and description of the premises, located in this State, where it is proposed that such alcoholic liquor is to be manufactured or is to be stored by the importer prior to its resale in the State and whether the premises are owned or leased by the applicant and, if leased, the name of the owner thereof; (3) The amount of capital proposed to be invested in the undertaking; (4) The kind and approximate amount of alcoholic liquor proposed to be manufactured or imported; (5) The approximate date on which it is proposed to start such manufacture or importation; (6) Such other information as is required by the Commissioner. (b) The individual signing the application for a license to manufacture or to import alcoholic liquor shall be over 21 years of age. 38 Del. Laws, c. 18, §  15 ; Code 1935, §  6144(1); 4 Del. C. 1953, §  502; 59 Del. Laws, c. 107, §  14 ; 67 Del. Laws, c. 48, §  3 ; 67 Del. Laws, c. 109, §  6 ; 72 Del. Laws, c. 486, §  9 ; § 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 the result of the inspection. 38 Del. Laws, c. 18, §  15 ; Code 1935, §  6144(2); 4 Del. C. 1953, §  503; 72 Del. Laws, c. 486, §  9 ; § 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 ; Code 1935, §  6144(9); 4 Del. C. 1953, §  504; 59 Del. Laws, c. 107, §  15 ; 72 Del. Laws, c. 486, §  9 ; § 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 determine the amount of alcoholic liquor manufactured or imported. 38 Del. Laws, c. 18, §  15 ; Code 1935, §  6144(3); 4 Del. C. 1953, §  505; 72 Del. Laws, c. 486, §  9 ; § 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 alcoholic liquors, either by the bottle or by the glass to the consumer thereof for consumption either on or off the premises where sold; or (2) For a manufacturer, as defined in § 101 of this title, and whether or not said “manufacturing” takes place within this State and whether or not the activity is licensed by the Commissioner, or the owner, partner or stockholder of such a manufacturer, to own or be interested in any manner in any establishment licensed by the Commissioner to import alcoholic liquors into the State; or (3) For a supplier, whether or not licensed by the Commissioner, who manufactures or has an interest in a manufacturer, or the owner, partner or stockholder of such a supplier, to own or be interested in any manner in any establishment licensed by the Commissioner to import alcoholic liquors into the State; or (4) For a supplier licensed by the Commissioner, or the owner, partner or stockholder of such a licensed supplier, to own or be interested in any manner in any establishment licensed by the Commissioner to import alcoholic liquors into the State; or (5) For any importer, or the owner, partner or stockholder of an importer, to own or be interested in any manner in any establishment licensed by the Commissioner to sell alcoholic liquors, either by the bottle or by the glass, to the consumer thereof, for consumption either on or off the premises where sold. (b) This section shall not be construed to prohibit a manufacturer, supplier or importer doing business as a corporation, or the stockholders thereof, from having an interest in any establishment licensed to sell alcoholic liquors to the consumer thereof, where: (1) The stock of such manufacturer, supplier or importer and such establishment is publicly traded on a national or regional exchange or over-the-counter; (2) The manufacturer, supplier or importer does not use its ownership interest in such establishment as to induce, directly or indirectly, such establishment to purchase any products from the manufacturer, supplier or importer to the exclusion, in whole or in part, of products sold or offered for sale by other manufacturers, suppliers or importers. (c) This section shall not be construed to prohibit a manufacturer or supplier doing business as a corporation, or the stockholders or affiliates thereof, from having an interest in or obtaining a license for a boat pursuant to § 554(b) of this title. 38 Del. Laws, c. 18, §  15 ; Code 1935, §  6144(4); 4 Del. C. 1953, §  506; 63 Del. Laws, c. 258, §  1 ; 65 Del. Laws, c. 291, §  1 ; 72 Del. Laws, c. 486, §  9 ; 74 Del. Laws, c. 252, §  1 ; 78 Del. Laws, c. 220, §  1 ; § 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 exact return of the gross amount of each variety of alcoholic liquors bought by the importer and alcoholic liquors sold within this State during the preceding calendar month. The Commissioner may require such returns to be certified under oath or affirmation of the holder of the license, or of such other person approved by the Commissioner. (b) Any importer who fails to make a return to the Commissioner within 15 days following the expiration of any calendar month for which it should be made shall be fined $50 per day for each day’s delay counting from the expiration of said 15 days, and the license of such importer shall be suspended by the Commissioner if the return is not made within 15 additional days. 38 Del. Laws, c. 18, §  15 ; Code 1935, §§  6144(5)-(8); 4 Del. C. 1953, §  507; 59 Del. Laws, c. 107, §  16 ; 72 Del. Laws, c. 486, §  9 ; § 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 information as to each item the manufacturers and distilleries are offering for sale at that time, in this State, by brand or trade name: (1) The capacity of each package of an item offered for sale. (2) The nature of the contents of an item. (3) The age and proof of an item where stated on the container label. (4) The number of bottles of an item contained in a case of the item. (5) The individual bottle and case price to the Delaware wholesaler or importer, for each item and not in combination with any other item. (6) The discount given for quantity or time of payment, if any. (b) A verified schedule need not contain information as to any brand that is owned exclusively by a package store and sold at retail in this State exclusively by the package store. (c) A schedule of prices or price of an individual item need not be filed at any time other than provided for in subsection (a) of this section and need not be updated any time a manufacturer or distillery changes such prices between required filing times. 4 Del. C. 1953, §  508; 59 Del. Laws, c. 107, §  66 ; 67 Del. Laws, c. 109, §  7 ; 72 Del. Laws, c. 486, §  9 ; 85 Del. Laws, c. 269, § 6 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 to whom such license is granted may purchase, resell or dispense alcoholic liquor in accordance with the person’s license if the license fee has been paid and the license is still in force. (2) a. Except as provided in paragraph (a)(2)b. of this section, a person licensed under §§ 512 and 516 of this title may purchase product only from an importer licensed by the Commissioner. b. A person licensed under §§ 512 and 516 of this title may purchase up to 20 gallons of product per day from a licensee licensed by the Commissioner for off-premises sales. (b) If a licensee holds an on premises license and an off premises license, voluntary relinquishment of 1 of the said licenses and the retention of the other license shall be permitted automatically by the Commissioner. (c) If a person applies for a license as a motorsports speedway under § 512(a) of this title, in lieu of compliance with the procedural notice and protest requirements of §§ 524 and 541 of this title, the Commissioner shall, on the date the application is filed, schedule a hearing to consider the application to be held at least 20 days after the application filing date and notify applicant of the hearing date. Within 3 days thereof, the applicant shall: (1) Mail a notice by certified mail, return receipt requested, to all property owners within 1,000 feet from any point on the boundary line of the premises to which the license shall apply; and (2) Cause to be advertised a notice in at least 2 different newspapers for 3 issues circulated in the community in which the applicant will operate. The said notices of the time and location of the hearing shall be approved by the Commissioner prior to distribution. 38 Del. Laws, c. 18, §  17 ; Code 1935, §  6146; 4 Del. C. 1953, §  511; 59 Del. Laws, c. 107, §  17 ; 72 Del. Laws, c. 486, §  9 ; 73 Del. Laws, c. 244, §  11 ; 82 Del. Laws, c. 99, § 2 ; § 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 activity club, may apply to the Commissioner for a license to purchase spirits, beer, or wine from an importer and to receive, keep and sell such spirits, beer, or wine either by the glass or by the bottle for consumption on any portion of the premises approved by the Commissioner for that purpose. Such a license entitles a club to sell such spirits, wine, or beer only to members of that club. A multiple activity club which holds such a license may apply for an additional license to sell such spirits, wine, or beer to any person who is a guest of such club or of a member of such club who is duly registered in accordance with a bylaw or rule of such club, approved by the Commissioner, provided that if the Commissioner determines that any applicant is not a multiple activity club, as defined in § 101 of this title, the application shall be denied. There shall be no age restrictions on persons permitted on the premises of a licensed multiple activity club. (1) Notwithstanding any law, regulation, or rule to the contrary, any restaurant, brewpub, tavern, or taproom, or other entity with a valid on-premise license issued pursuant to subchapter II of Chapter 5 of this title may sell alcoholic liquors in transactions for take-out, curbside, drive through, or delivery service. No person shall provide alcoholic beverage delivery services unless such person or business entity holds a third-party delivery license. Upon proper application, the Commissioner may grant a third-party delivery license to provide alcoholic liquor delivery services to customers so long as the person or business entity is also registered to do business in this State. The Commissioner shall not grant a third-party delivery license to a person or entity that also holds an on-premise license. Delivery service must be made by a licensed third-party vendor, or such third party’s employee or independent contractor, provided that the on-premise licensee has entered into a written agreement with a licensed third-party delivery vendor that authorizes the third-party vendor, or such third-party vendor’s employee or independent contractor, to deliver alcoholic liquors on behalf of the on-premise licensee. The licensed third-party vendor may not include an entity whose business is primarily the interstate shipment of goods. (2) All alcoholic liquors sold for off-premise consumption under this subsection must comply with all of the following requirements: a. Be sold in containers that are securely closed, which means a container that is designed to prevent consumption without removal of the lid, cap, or seal, and does not include a container with a lid with sipping holes or openings for straws. b. [Repealed.] c. Be limited per customer to 2 750 ML bottles of wine, 1 bottle of a private label whiskey or whisky purchased from a Delaware-licensed importer that is either limited availability or limited allocation, 6 servings of beer, and mixed cocktails which are made in the restaurant, brewpub, tavern, taproom or other entity with a valid on-premise license. d. Be sold and served on the premises only by a person certified as a responsible alcoholic beverage server pursuant to § 1205 of this title. e. If sold by a restaurant, comply with 1 of the following requirements: 1. The alcoholic liquor is sold with the customer’s purchase of food that costs at least $10. 2. The alcoholic liquor is ice cream containing up to 10% alcohol by volume. f. If sold in a transaction for delivery service: 1. Be delivered by a licensed third-party vendor, or such licensed third-party vendor’s employee or independent contractor, who is at least 21 years of age, and has been provided a program of learning content related to the responsible delivery of alcoholic beverages that has been approved by the Commissioner. A third-party delivery vendor’s program shall address the following topics: A. Age requirements for possessing, purchasing, and consuming alcoholic beverages; B. Acceptable forms of identification; C. Methods to detect fake and altered forms of identification; D. Typical signs of intoxication; E. Methods of detecting intoxication in consumers; F. Reasons to refuse delivery, including that a consumer failed to provide valid identification, was underage, or displayed signs of intoxication; and G. How to use ID scanning technology to verify a recipient’s age. 2. If delivered by motor vehicle, be placed in a trunk, rear compartment, back seat, or other area that is not readily accessible to the driver of the vehicle. 3. Be conveyed to the purchaser to whom the alcoholic liquors are being delivered only after the licensed third-party delivery vendor, or such third party’s employee or independent contractor, has verified that the recipient is not intoxicated and is 21 years of age or older, signified by the recipient’s identification with a photograph that reasonably appears to match the appearance of the recipient. The licensed third-party delivery vendor shall maintain a record of the following information for all recipients for a period of 2 years: name, date of birth, and address to which the alcoholic beverages were delivered. If such person’s age and apparent sobriety cannot be verified, the alcoholic liquors must be returned to the premises of the licensee. 4. The delivery is completed during the hours in which the on-premise licensee is lawfully allowed to sell alcoholic liquors. 5. If the on-premise licensee uses a web application or internet website to facilitate delivery of alcoholic liquors by a licensed third-party vendor, the sales transactions take place between the customer and the on-premise licensee, and the on-premise licensee appears as the merchant of record. 6. Only alcoholic beverages obtained directly from the on-premise licensee with which the order was placed may be delivered. 7. May not be delivered out-of-state or to a state-operated facility, a correctional facility, a hospital, a locker mailbox, a post office box, a package shipping or storage facility, a retail licensee, a public school, a charter school, a grade school, a middle school, a high school, undergraduate housing at an institution of higher learning, or outside of Delaware. 8. In addition to application requirements and any regulations promulgated by the Commissioner, third-party delivery licensees shall provide to the Commissioner, upon request, a copy of any contracts entered into by the third-party delivery licensee with any on-premise licensee offering alcoholic beverages for delivery. g. An on-premise licensee’s responsibilities under this section regarding delivery of alcoholic liquor to a consumer by a licensed third-party delivery vendor are considered satisfied at the time the on-premise licensee transfers possession of the alcoholic liquor to the licensed third-party delivery vendor, or such third party’s employee or independent contractor. The acts during delivery of a licensed third-party delivery vendor or such third party’s employee or independent contractor are not attributable to the on-premise licensee. (b) (1) The license issued to a horse racetrack or multi-purpose sports facility pursuant to this section shall continue to be valid whether or not a race meet or sporting event is in progress. (2) Subject to the provisions, restrictions and prohibitions of this title, the Commissioner may allow a horse racetrack to brew beer on its premises under all of the following conditions and restrictions: a. The brewing facility must be situated on the premises of, or be physically a part of, the horse racetrack. b. The brewing facility must not brew more than 4,000 barrels of beer in any calendar year. c. In addition to other permitted sales, the horse racetrack may sell at the licensed premises beer manufactured on the licensed premises for on-premises consumption. d. In addition to other permitted sales, the horse racetrack may sell at the licensed premises beer manufactured on the licensed premises for consumption off of the premises if the beer is sold in a growler. e. The horse racetrack may sell beer manufactured on licensed premises in labeled barrels, bottles, or other closed containers to wholesalers licensed under this title for delivery by them to persons inside or outside this State. f. The horse racetrack is prohibited from owning, operating, or being affiliated with any importer of alcoholic liquor, either in or without this State. g. The Commissioner may make and publish such rules and regulations with respect to the assessment and payment of the tax on beer, under § 581 of this title, as the Commissioner deems proper, and all such rules and regulations that are not inconsistent with this title shall have the force and effect of law. (3) The issuance of a horse racetrack license that permits the manufacture and sale of beer for off-premises consumption are exempt from the distance requirements for establishments licensed or to be licensed under § 543(d) of this title, and such requirements do not affect the granting of a horse racetrack license. (c) Any person operating a dinner theater presenting public performances featuring live actors in dramatic or musical productions may apply to the Commissioner for a license to keep and sell alcoholic liquor to patrons for consumption on the premises served at such performances, and for consumption on the premises during intermissions, subject to such rules and regulations as may be promulgated by the Delaware Alcoholic Beverage Control Commissioner, provided that the licensee does not serve alcohol unaccompanied by a meal at more than 10 performances during the calendar year. (d) Any person who has purchased a bottle of alcoholic liquor other than beer from a premises licensed for the sale and consumption on the premises where sold licensed under this title, and who has partially consumed the contents of such bottle on the licensed premises, may, if the bottle is capped, remove it from the licensed premises for the purpose of consumption off the licensed premises. (e) Any person receiving a license under this section shall be permitted to charge a cover charge at any time live entertainment is actually being provided by the licensee, provided that any licensee charging a cover charge shall prominently display the fact that a cover charge is being made, both at the entrance to the premises and on the menu if one is used on the premises. (f) Any person operating a bowling alley or movie theater may apply to the Commissioner for a license to keep and sell alcoholic liquor to patrons for consumption on the premises only. A license for a movie theater shall allow for consumption by patrons within the theater or theaters where movies are being shown. A movie theater which obtains a license must sell alcoholic liquors at a separate bar or location away from other food and drink, may only sell 1 alcoholic beverage at a time per age-verified patron and may only serve 2 alcoholic beverages per patron per movie showing. Movie theater managers and employees involved in serving alcohol must complete alcohol service training as prescribed by the Commissioner. (g) (1) A caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep and sell such alcoholic liquors either by the glass or by the bottle, for consumption on any portion of the premises approved by the Commissioner for that purpose. (2) An off-site caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep, transport and sell such alcoholic liquors either by the glass or by the bottle for consumption on any portion of off-site premises approved by the Commissioner for that purpose. Transporting of alcoholic liquors by an off-site caterer must be done in accordance with the Commissioner’s rules. (h) Notwithstanding any provision of this title to the contrary, motorsports speedways may permit patrons to bring inside with them alcoholic beverages regulated under this title for their own personal consumption, provided that they have a lawful ticket for admission to the facility and are of the lawful age to consume alcoholic beverages. The motorsports speedway may restrict the portions of the facility that patrons may act in accord with this section. Notwithstanding any provision of this title to the contrary, a motorsports speedway is not required to maintain a license required pursuant to § 554 of this title in order to permit patrons to bring inside with them alcoholic beverages regulated under this title for their own personal consumption. (i) A certificated air passenger carrier maintaining and operating a warehouse storage facility in the State may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive at the carrier’s warehouse or airport facility, keep at the carrier’s warehouse or airport facility, transport to the carrier’s airport facility, and sell such alcoholic liquor to its passengers for consumption on its aircraft only. (j) An establishment licensed as a restaurant shall not be required to use the word “restaurant” in its tradename, menus, advertisements or signage unless the Commissioner specifically finds that the public may be confused as to its status as a restaurant. (k) Any person who holds a valid restaurant license issued by the Commissioner may deny a minor, as defined in § 708 of this title, admission to or permission to remain on the premises after 9:00 p.m. (official Eastern time) unless accompanied by a parent or by a legal guardian. 38 Del. Laws, c. 18, §  17 ; Code 1935, §  6146; 4 Del. C. 1953, §  512; 55 Del. Laws, c. 283, §  1 ; 56 Del. Laws, c. 335, §  3 ; 57 Del. Laws, c. 189 ; 57 Del. Laws, c. 447 ; 58 Del. Laws, c. 199 ; 59 Del. Laws, c. 107, §  17A ; 59 Del. Laws, c. 590, §§  2, 4 ; 60 Del. Laws, c. 466, §§  3, 9 ; 64 Del. Laws, c. 434, §§  1, 2 ; 67 Del. Laws, c. 109, §§  8-10 ; 69 Del. Laws, c. 6, §  2 ; 71 Del. Laws, c. 42, §  1 ; 71 Del. Laws, c. 182, §  1 ; 71 Del. Laws, c. 210, §  2 ; 71 Del. Laws, c. 472, §  1 ; 72 Del. Laws, c. 486, §  9 ; 73 Del. Laws, c. 244, §§  2-6 ; 73 Del. Laws, c. 393, §  2 ; 75 Del. Laws, c. 246, §  1 ; 78 Del. Laws, c. 220, §  2 ; 79 Del. Laws, c. 308, §  2 ; 80 Del. Laws, c. 109, §  2 ; 81 Del. Laws, c. 69, § 2 ; 81 Del. Laws, c. 254, § 1 ; 82 Del. Laws, c. 4, § 2 ; 82 Del. Laws, c. 99, § 3 ; 82 Del. Laws, c. 117, § 1 ; 82 Del. Laws, c. 141, § 1 ; 82 Del. Laws, c. 247, §§   2, 5 ; 82 Del. Laws, c. 279, § 1 ; 83 Del. Laws, c. 9, § 2 ; 83 Del. Laws, c. 9, § 5 ; 83 Del. Laws, c. 284, § 1 ; 83 Del. Laws, c. 523, § 1 ; 84 Del. Laws, c. 442, § 1 ; 85 Del. Laws, c. 256, § 1 ; § 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, mead, and cider on the premises designated in the license. For purposes of this title, a “farm winery” is defined as an establishment at which the basic ingredients, including but not limited to the harvesting of grapes, to make wine are grown and where wine, mead, or cider are fermented or manufactured. Notwithstanding any provisions of this title to the contrary, a farm winery licensee shall be authorized to sell, deliver and ship such wine, mead, and cider in barrels, bottles or other closed containers to persons licensed under the provisions of this title to import wine, mead, and cider; and to sell and ship wine, mead, and cider to persons outside of the State in accordance with this title. (b) A farm winery licensee may store and sell wine, mead, and cider on the premises by the bottle or by the glass for consumption on or off the premises where sold. A farm winery licensee may purchase and store product from a Delaware-licensed importer or package store, licensed under § 516 of this title, and sell the product to its retail customers for consumption on the premises where sold, so long as the product is manufactured by an entity that holds a Delaware license under § 512A, § 512B, § 512C, or § 512E of this title or the manufacturer, as determined by the Commissioner, would qualify for a license under 1 or more of these sections if the manufacturer were physically located in this State. (c) A farm winery licensee shall be exempt from the distance requirements for establishments licensed, or to be licensed, for consumption off the premises, as contained in § 543(d) of this title, and shall not affect the granting of a license of the same type. (d) A farm winery licensee may sell, on the licensed premises, food items, souvenirs, wine-related supplies and educational material as approved by the Commissioner. (e) The Commissioner may grant a tasting license to a farm winery licensee consistent with the provisions of §§ 525 and 554(ff) of this title. (f) All wine, mead, and cider sold by a farm winery licensee shall be in a container which is securely sealed and has attached thereto a label setting forth such information as required by this title, Commissioner rules and laws of the State. (g) A farm winery licensee may not engage in any business or activity in the licensed establishment unless authorized by this title or approved by the Commissioner. (h) A farm winery licensee or a temporary licensee not to exceed 3 years shall be authorized to purchase and receive shipments of bottled, finished wine, mead, and cider from importers located within the State that are licensed in accordance with this title. Such purchases and shipments, if in bottled, finished form, must be manufactured specifically for the Delaware farm winery licensee and bear the private label of the Delaware farm winery licensee on each bottle, and, if being imported from without the State, shall be limited, as follows: (1) During the first year of operation, no more than 10,000 gallons of the combination of wine, mead, and cider; (2) During the second year of operation, no more than 7,500 gallons of the combination of wine, mead, and cider; (3) During the third year of operation, no more than 5,000 gallons of the combination of wine, mead, and cider; and (4) After 3 years of operation, no more than 25% of the total gallons of the combination of wine, mead, and cider manufactured within the State. (5) Notwithstanding the importation limitations for bottled wine established in this paragraph, at such time when there is sufficient quantity, variety and quality of wine grapes grown in the State, then the Secretary of the Department of Agriculture may mandate that all licensed Delaware farm wineries must use at least 51% Delaware-grown fruit in their blend inventories. In the case of hardship due to crop loss, the Secretary of the Department of Agriculture may issue a special permit to import fruit, juice or other raw materials to compensate for such crop loss. Until such time as the Secretary of the Department of Agriculture makes such mandate, the licensee or a temporary licensee not to exceed 3 years shall be authorized to import grapes or grape juice from other locations within or outside of the State, pursuant to the rules and regulations of the Department of Agriculture, for the purpose of fermentation, blending, bottling and aging. (6) [Repealed.] (7) A temporary farm winery license may be issued, for not more than 3 years, allowing the temporary licensee to operate according to paragraphs (h)(1), (2) and (3) of this section herein if all the licensing requirements have been met except for those required in § 543(j) of this title, which requires government permitting to manufacture or ferment wine, mead and cider at the location. The temporary licensee shall, however, have obtained all necessary government permitting to operate as a temporary licensee. (i) A farm winery licensee shall be authorized to purchase and receive shipments of unfinished wine, mead, and cider in bulk form from suppliers and importers located within and without the State that are licensed in accordance with this title. (j) A farm winery licensee may not own, operate, or be affiliated with any importer or package store, within or without this State. But a farm winery may apply to the Commissioner for a license, under § 512(g)(1) of this title, for use of a portion of the farm winery premises as a caterer or apply to the Commissioner for a license, under this title generally, for use of a portion of the farm winery premises as a restaurant. (k) The Commissioner may promulgate such rules and regulations with respect to the enforcement or furtherance of the objectives and provisions of this section as the Commissioner may deem necessary, and all such rules and regulations that are not inconsistent with the provisions of this title shall have the force and effect of law. ( l ) A Delaware winery or farm winery shall be permitted to sell wine, mead, and cider at times permitted pursuant to § 709 of this title. (m) A farm winery licensee shall be authorized to export grapes, grape juice or unfinished wine grown in this State in bulk to persons outside the State for crushing, fermenting, bottling and labeling and shall be authorized to receive the finished product from that person, so long as no grapes, grape juice or wine, grown or manufactured outside the State, are added to the finished product. (n) The provisions of § 506 of this title to the contrary notwithstanding, a farm winery licensee shall be permitted to have an interest in, be affiliated with, operate, or own another supplier or manufacturer located outside the State and have an interest in a brewery-pub, microbrewery, and/or craft distillery licensed under this chapter and actually located in this State. 68 Del. Laws, c. 107, §  1 ; 70 Del. Laws, c. 353, §  3 ; 72 Del. Laws, c. 486, §  9 ; 75 Del. Laws, c. 71, §§  1, 2 ; 75 Del. Laws, c. 252, §  1 ; 77 Del. Laws, c. 61, §§  1, 2 ; 79 Del. Laws, c. 157, §  1 ; 80 Del. Laws, c. 62, §  1 ; 80 Del. Laws, c. 336, § 1 ; 80 Del. Laws, c. 382, § 2 ; 81 Del. Laws, c. 78, § 1 ; 81 Del. Laws, c. 261, § 1 ; 83 Del. Laws, c. 284, § 3 ; 84 Del. Laws, c. 499, § 1 ; 85 Del. Laws, c. 269, § 7 ; § 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 of this section, a “brewery-pub” means an establishment in which beer, cider, mead, or fermented beverages are manufactured on the premises of the licensed establishment, limited to restaurants owned or leased by the brewery-pub applicant. (b) The following conditions and restrictions shall apply to the holder of each brewery-pub license: (1) It must be situated on the premises of, or be physically a part of, a restaurant. (2) It may brew, bottle, and sell beer at no more than 3 licensed establishments, provided that each such licensed establishment qualifies as a separate brewery-pub under this section. (3) It shall brew no more than 4,000 barrels of beer in any calendar year. (4) It may sell beer manufactured on licensed premises in labeled barrels, bottles, or other closed containers to wholesalers licensed under this title for delivery by them to persons inside or outside this State. (5) It may sell at the licensed premises beer manufactured on the licensed premises at retail for consumption off the premises. (6) It may sell at the licensed premises beer manufactured on the licensed premises for on-premises consumption. (7) It is prohibited from owning, operating, or being affiliated with any importer of alcoholic liquor, either in or without this State. (8) The provisions of § 506 of this title to the contrary notwithstanding, it may have an interest in, be affiliated with, operate, or own another supplier or manufacturer located outside the State and have an interest in 1 or more farm winery, microbrewery, or craft distillery licensed under this chapter and physically located in this State, if the total domestic sales of beer of all affiliated suppliers or manufacturers does not exceed 6 million barrels in a calendar year. (c) It is unlawful for a person to operate a brewery-pub if any of the following apply: (1) The restaurant portion of the licensed establishment fails to offer complete meals for consideration to patrons or fails to operate as a bona fide restaurant as defined by Commissioner rules or this title. (2) The license is denied, cancelled, suspended, or revoked for any of the grounds contained in § 543 or § 561 of this title. (3) The business is transferred to a different location. (d) This section does not prohibit the granting of a restaurant license to sell alcoholic liquors, for on-premises consumption, under § 512 of this title. (e) The Commissioner may make and publish such rules and regulations with respect to the assessment and payment of the tax on beer, as contained in § 581 of this title, as it deems proper, and all such rules and regulations that are not inconsistent with this title shall have the force and effect of law. (f) Notwithstanding any other provision of this title to the contrary, the holder of a brewery-pub license may also make, bottle, and sell an alcoholic liquor that is fermented or distilled on the premises, subject to all of the following conditions and restrictions: (1) All of the conditions and restrictions relating to beer under subsection (b) of this section. (2) Alcoholic liquor that is fermented or distilled on the premises shall be taxed under § 581 of this title. (g) The provisions of § 546 of this title to the contrary notwithstanding, the sale for off-premises consumption at up to a combined total of 3 licensees licensed under this section or 2 licensees licensed under this section and a microbrewery licensed under § 512C of this title all owned or controlled by the same person is permitted. (h) Notwithstanding any provision of this title to the contrary, a brewery-pub located within the premises of a public golf course, as defined in “club” under § 101 of this title, may apply to the Commissioner for authorization to sell alcoholic beverages at retail to members of the public for consumption on the public golf course, if the public golf course owns, is owned by, or is under common ownership with an entity that holds a membership or ownership interest in the licensed brewery-pub. 68 Del. Laws, c. 205, §  1 ; 70 Del. Laws, c. 469, §§  1, 2 ; 71 Del. Laws, c. 83, §  1 ; 72 Del. Laws, c. 486, §  9 ; 73 Del. Laws, c. 225, §  1 ; 77 Del. Laws, c. 432, §§  4, 5 ; 79 Del. Laws, c. 157, §  1 ; 82 Del. Laws, c. 22, § 1 ; 82 Del. Laws, c. 141, § 2 ; 83 Del. Laws, c. 36, § 2 ; 83 Del. Laws, c. 283, § 4 ; 84 Del. Laws, c. 316, § 1 ; § 512C Microbreweries; license; alternating premises [Effective until 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 is the owner or lessee of a microbrewery to manufacture and sell beer, fermented beverages, mead, and cider. (2) A person who owns a tenant microbrewery under subsection (i) of this section. (b) For purposes of this section: (1) “Alternating premises” means the portion of a microbrewery’s premises that is used at different times by 2 or more microbreweries to manufacture beer, fermented beverages, mead, or cider. (2) “Host microbrewery” means the microbrewery that owns the brewing equipment in an alternating premises. (3) “Microbrewery” means a single establishment in which beer, fermented beverages, mead, or cider is manufactured and which is operated by the licensee under this section. (4) “Tenant microbrewery” means the microbrewery that does not own, but uses, the brewing equipment in an alternating premises. (c) Notwithstanding any provision of this title to the contrary, a microbrewery license allows the licensee to do all of the following: (1) To manufacture and sell on the licensed premises beer, fermented beverages, mead, or cider or a combination thereof, but the licensee may not manufacture or sell more than the maximum amount permitted by federal regulations to qualify for a “reduced rate of tax for certain brewers” under 27 C.F.R., Part 25, § 25.152(a)(2). (2) To manufacture on the licensed premises beer, fermented beverages, mead, or cider for persons, other than the licensee, licensed under this title or for persons outside this State. (3) To sell beer, fermented beverages, mead, and cider manufactured on the licensed premises in labeled barrels, bottles, or other closed containers to importers licensed under this title for delivery by them to persons inside or outside the State. (4) To sell at the licensed premises beer, fermented beverages, mead, and cider manufactured on the licensed premises for consumption on or off the licensed premises. The amount of beer, fermented beverages, mead, and cider sold for off-premises consumption is limited to a maximum of 5 cases per day to each retail customer. (5) To purchase and store product from a Delaware-licensed importer or package store licensed under § 516 of this title, and sell the product to its retail customers for consumption on the premises where sold, so long as the product is manufactured by an entity that holds a Delaware license under § 512A, § 512B, § 512C, or § 512E of this title or the manufacturer, as determined by the Commissioner, would qualify for a license under 1 or more of these sections if the manufacturer were physically located in this State. (6) The provisions of § 506 of this title to the contrary notwithstanding, to be permitted to have an interest in, be affiliated with, operate, or own another supplier or manufacturer located outside the State and have an interest in a farm winery, brewery-pub, or craft distillery licensed under this chapter and actually located in this State, provided that the total domestic sales of beer of all affiliated suppliers or manufacturers does not exceed 6 million barrels in a calendar year. (d) It is unlawful for a person to operate a microbrewery if any of the following apply: (1) The license is denied, canceled, suspended, or revoked for any of the grounds under § 543 or § 561 of this title. (2) The establishment is moved to a location other than the licensed premises. (3) The licensee owns, operates, or is affiliated with any importer of alcoholic liquor either in or without this State. (e) A microbrewery licensee is exempt from the distance requirements for establishments licensed or to be licensed under § 543(d) of this title, and such requirements may not affect the granting of a microbrewery license. (f) All beer, fermented beverages, mead, and cider sold by a microbrewery licensee for off-premise consumption must be in containers that are securely sealed and have an attached label setting forth the information required under this title, Commissioner rules, and laws of the State. (g) Any microbrewery or brewery licensed by the Commissioner to manufacture beer, fermented beverages, mead, or cider in this State may provide samples of the beer, fermented beverages, mead, or cider manufactured at the licensed premises in a manner approved by the Commissioner. (h) Notwithstanding § 546 of this title, a microbrewery may sell a product that the microbrewery manufactures for off-premises consumption at a licensee licensed under this section and either at up to 2 brewery-pubs licensed under § 512B of this title or 1 additional microbrewery licensed under this section and 1 brewery-pub licensed under § 512B of this title that are all owned or controlled by the same person. (i) (1) The requirements to grant a license to a tenant microbrewery must include all of the following: a. An agreement with a host microbrewery that allows the tenant microbrewery to use the host microbrewery’s brewing equipment for specified periods of time to manufacture beer, fermented beverages, mead, or cider. The compensation to the host microbrewery under an agreement may not be based upon the profit of the tenant microbrewery and is subject to the approval of the Commissioner. b. The host microbrewery and the tenant microbrewery must have the approval of the Federal Trade and Tax Bureau (“TTB”), or its successor, to operate as an alternating premises. c. The tenant microbrewery must retain title to all of the tenant microbrewery’s raw materials, except for water. d. The tenant microbrewery must act as the brewer of the beer, fermented beverages, mead, or cider. e. Upon completion of the manufacturing process, the tenant microbrewery shall remove all product from the alternating premises and transport the product to a location approved by the Commissioner for the tenant microbrewery to store and sell for on or off premises consumption. A tenant microbrewery may satisfy the requirement under this paragraph (i)(1)e. by leasing space from the host microbrewery but the tenant microbrewery may only store the tenant microbrewery’s brands in the leased space. (2) The Commissioner may suspend or revoke the license of the tenant microbrewery upon the termination of the agreement between the host microbrewery and the tenant microbrewery. (3) The Commissioner may suspend all licenses at the alternating premises if the TTB suspends the approval of the host or tenant microbrewery, The Commissioner must provide reasons for and conditions of a suspension under this paragraph (i)(3). 69 Del. Laws, c. 361, §  1 ; 71 Del. Laws, c. 211, §§  1-3 ; 72 Del. Laws, c. 486, §  9 ; 76 Del. Laws, c. 32, §§  1-5 ; 77 Del. Laws, c. 432, §§  1-3 ; 79 Del. Laws, c. 157, §  1 ; 81 Del. Laws, c. 261, § 1 ; 82 Del. Laws, c. 22, § 1 ; 82 Del. Laws, c. 141, § 3 ; 83 Del. Laws, c. 36, § 3 ; 83 Del. Laws, c. 168, § 1 ; 83 Del. Laws, c. 283, § 5 ; 85 Del. Laws, c. 41, § 1 ; 85 Del. Laws, c. 269, § 8 ; § 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 is the owner or lessee of a microbrewery to manufacture and sell beer, fermented beverages, mead, and cider. (2) A person who owns a tenant microbrewery under subsection (i) of this section. (b) For purposes of this section: (1) “Alternating premises” means the portion of a microbrewery’s premises that is used at different times by 2 or more microbreweries to manufacture beer, fermented beverages, mead, or cider. (2) “Host microbrewery” means the microbrewery that owns the brewing equipment in an alternating premises. (3) “Microbrewery” means a single establishment in which beer, fermented beverages, mead, or cider is manufactured and which is operated by the licensee under this section. (4) “Tenant microbrewery” means the microbrewery that does not own, but uses, the brewing equipment in an alternating premises. (c) Notwithstanding any provision of this title to the contrary, a microbrewery license allows the licensee to do all of the following: (1) To manufacture and sell on the licensed premises beer, fermented beverages, mead, or cider or a combination thereof, but the licensee may not manufacture or sell more than the maximum amount permitted by federal regulations to qualify for a “reduced rate of tax for certain brewers” under 27 C.F.R., Part 25, § 25.152(a)(2). (2) To manufacture on the licensed premises beer, fermented beverages, mead, or cider for persons, other than the licensee, licensed under this title or for persons outside this State. (3) To sell beer, fermented beverages, mead, and cider manufactured on the licensed premises in labeled barrels, bottles, or other closed containers to importers licensed under this title for delivery by them to persons inside or outside the State. (4) To sell at the licensed premises beer, fermented beverages, mead, and cider manufactured on the licensed premises for consumption on or off the licensed premises. The amount of beer, fermented beverages, mead, and cider sold for off-premises consumption is limited to a maximum of 5 cases per day to each retail customer. (5) To purchase and store product from a Delaware-licensed importer or package store licensed under § 516 of this title, and sell the product to its retail customers for consumption on the premises where sold, so long as the product is manufactured by an entity that holds a Delaware license under § 512A, § 512B, § 512C, or § 512E of this title or the manufacturer, as determined by the Commissioner, would qualify for a license under 1 or more of these sections if the manufacturer were physically located in this State. (6) The provisions of § 506 of this title to the contrary notwithstanding, to be permitted to have an interest in, be affiliated with, operate, or own another supplier or manufacturer located outside the State and have an interest in a farm winery, brewery-pub, or craft distillery licensed under this chapter and actually located in this State, provided that the total domestic sales of beer of all affiliated suppliers or manufacturers does not exceed 6 million barrels in a calendar year. (d) It is unlawful for a person to operate a microbrewery if any of the following apply: (1) The license is denied, canceled, suspended, or revoked for any of the grounds under § 543 or § 561 of this title. (2) The establishment is moved to a location other than the licensed premises. (3) The licensee owns, operates, or is affiliated with any importer of alcoholic liquor either in or without this State. (e) A microbrewery licensee is exempt from the distance requirements for establishments licensed or to be licensed under § 543(d) of this title, and such requirements may not affect the granting of a microbrewery license. (f) All beer, fermented beverages, mead, and cider sold by a microbrewery licensee for off-premise consumption must be in containers that are securely sealed and have an attached label setting forth the information required under this title, Commissioner rules, and laws of the State. (g) Any microbrewery licensed by the Commissioner to manufacture beer, fermented beverages, mead, or cider in this State may provide samples of the beer, fermented beverages, mead, or cider