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Delaware General AssemblyDelaware RegulationsAdministrative Code : Title 4

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1.0 Items Authorized for Sale

1.1 The following items may be offered for sale in package stores as complementary to the sale of alcoholic beverages: mixers; ice; sodas; cigarettes, cigars, or other tobacco products in packs sealed by the manufacturer; lottery tickets; money orders, and pre-packaged food items which meet the following criteria:

1.1.1 Sold to consumer in package/container as received by licensee.

1.1.2. Food items, including cheese and dairy products, may not be cooked, or offered as a loose item, unwrapped or repackaged.

1.1.3. Bread and meats are prohibited for being sold.

1.1.4. The sale of insulated single container covers which serve to keep a beverage at a cool temperature or a cooler are permitted.

1.1.5. Area assigned to display of these items is limited to the greater of 20 square feet or five (5%) percent of their total floor space, exclusive of display of ice, mixers and sodas.

 

2.0 Variance:

The holder of a license to sell alcoholic beverages in a package store for off-premises consumption may apply, in writing, to the Commissioner for a variance in any of the requirements of this Rule for good cause shown, provided that such variance does not violate any provisions of the Liquor Control Act.

 

 

 

1.0 Minors

Minors are forbidden to sit or stand at a service counter where alcoholic beverages are sold, served or dispensed except in a Multi-purpose Sports Facility.

19 DE Reg. 775 (02/01/16)

 

 

 

1.0 Cover Charges

1.1 Any on-premises licensee licensed for the sale of alcoholic beverages 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. Payment of the cover charge shall entitle the patron to admission to the premises and observance of the entertainment being offered only.

1.2 Any of said licensees may also impose a minimum charge upon the following conditions:

1.2.1 The charge shall be only for food or non-alcoholic beverage to be sold, and such food or non-alcoholic beverage must be provided on the patron's choice and request from the regular menu or the usual offering in the establishment.

1.2.2 The amount of the minimum shall not be changed more than once daily.

1.2.3 The amount of the minimum charge must be prominently displayed at the entrance to the premises and upon the menu, and the fact that such a charge is made must be part of any advertisement of the licensee.

1.2.4 A minimum charge shall be distinguished from a cover charge. Upon payment of the minimum charge, the customer shall be entitled to food or non-alcoholic beverage in an amount of equal value to the charge paid.

19 DE Reg. 775 (02/01/16)

 

 

1.0 Records

1.1 Each holder of a retailer's license (except the holder of a Gathering License) shall keep and maintain upon the licensed premises records of invoices adequately and fully reflecting all purchases of alcoholic beverages. All invoices shall be systematically filed and maintained for a period of one year from date of delivery.

1.2 The records referred to in this rule shall be open to the inspection of DATE or the Commissioner at all reasonable hours.

 

2.0 Importers

2.1 Monthly Reports Required

2.1.1 Considering the provisions of 4 Del.C. §§507(a) and 710; the previous practice of this Commissioner and importers licensees; and the policy of consistency and accuracy of recording and reporting all purchases and sales, all importer licensees shall keep a true and accurate record of the quantities of alcoholic liquors purchased, sold, and on hand, and shall make monthly reports thereof, together with such other and further information as this Commissioner may from time to time require, upon forms provided for such purpose by the Commissioner.

2.1.2 Each monthly report shall cover the period from the last Saturday of the preceding month to the last Saturday of the current month and must be received by the Commissioner on or before noon of the fifteenth day following the last day of the month for which the report applies.

2.2 Invoices

2.2.1 All importers shall submit to the Commissioner an invoice prepared in the form approved by the Commissioner covering each sale of alcoholic liquor. The invoices for each monthly period must be kept in numerical order and submitted to the Commissioner on or before noon of the fifth day following the last day of the period for which they apply.

2.3 When there are No Sales or No Purchases or Both

2.3.1 All Importers shall be required to file said reports even though there are no purchases or no sales of alcoholic liquor or both unless said Importers have obtained from the Commissioner written authorization not to file the reports required by this Rule. That is, if an Importer has no sales or no purchases or both during the applicable period under this Rule, the report filed with the Commissioner shall indicate such unless the Importer is excused in writing by the Commissioner from filing such reports.

19 DE Reg. 775 (02/01/16)

 

 

 

1.0 Prohibition of Non-Employees During Certain Hours

1.1 Unless previously authorized in writing by the Commissioner, it is forbidden for any holder of a tavern or taproom license to permit any individuals, other than employees, to enter or remain on the premises to which such license pertains between 2:00 A.M. and 9:00 A.M. of any day that sales of alcoholic liquors are permitted, and in the case of holidays, as defined in 4 Del.C. §709(d), from 2:00 A.M. of the day a holiday begins and 9:00 A.M. of the first day thereafter on which the sale of alcoholic liquors may be resumed.

1.2 Unless previously authorized in writing by the Commissioner, it is forbidden for any holder of a license pertaining to premises on which the sale of alcoholic liquors is solely permitted for consumption off said premises, to permit any individuals, other than employees and employees of a licensed Delaware wholesaler, to enter or remain thereon between 1:01 A.M. and 9:00 A.M. of any day that sales of alcoholic liquors are permitted, and in the case of holidays, as defined in 4 Del.C. §709(d) from 1:01 A.M. of the day a holiday begins and 9:00 A.M. of the first day thereafter on which the sale of alcoholic liquors may be resumed except that individuals are permitted to enter on Sundays after noon and before 8:00 p.m. unless such times are more restrictive as permitted by City ordinance.

19 DE Reg. 775 (02/01/16)

 

 

 

1.0 Removal of Alcoholic Liquors

No holder of any license shall remove or permit the removal of alcoholic liquor from the licensed premises during the times when sale or delivery thereof is prohibited for sale under Section 709, Chapter 7, Delaware Code of 1953. This Rule shall not apply to any person properly removing a bottle of alcoholic liquor, other than beer, with partially consumed contents from a hotel, restaurant, motorsports speedway, club, dinner theater, caterer, or horse racetrack licensed pursuant to 4 Del.C. §512.

19 DE Reg. 775 (02/01/16)

 

Last Updated: January 10 2017 17:02:01.
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