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Delaware General AssemblyDelaware RegulationsAdministrative Code : Title 4

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1.0 Applicability

The Commissioner may grant a spirits, wine, and beer tasting license to any person holding a retailer license as defined by 4 Del.C. §101(5) for a biennial fee of $150.

 

2.0 Application Process

2.1 Retailer licensees may apply in writing to the Commissioner for a license to conduct spirits, wine, and beer tasting on their licensed premises.

2.2 Two copies of the establishment's floor plan must accompany the licensee's letter of request. The floor plans must clearly indicate the area to be used for tasting events and shall be submitted on size 8 1/2 x 11 inch paper.

 

3.0 License Restrictions

3.1 Pursuant to 4 Del.C. §525, spirits, wine, and beer tasting licenses may only be granted to the holder of retailer's license.

3.2 No licensee shall conduct spirits, wine, and beer tastings without a license from the Commissioner.

3.3 Spirits, wine, and beer tasting may only take place in a separate portion of a licensee's premises approved by the Commissioner where alcoholic beverages are not sold. The separate portion of the premises shall be an area designated by the Commissioner for spirits, wine, and beer tasting.

3.4 No licensee may charge for the alcoholic beverages offered for tasting or for the services involved.

3.5 The quantity of any individual spirit, wine, and beer sampled shall not exceed one (1) ounce per person for wine and beer or one-half (1/2) ounce per person for spirits.

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

 

 

 

1.0 Samples for Tasting

1.1 A licensed Importer may import alcoholic beverages for marketing purposes to provide samples for tasting to the holder of a retailers' license.

1.2 The shipments of alcoholic beverages imported for tax free sampling purposes must not be greater in quantity than three (3) gallons of spirits and/or wine, and/or two and a quarter gallons of beer

1.3 Each sample shall have distinctly printed or stamped across the label thereof or on a sticker permanently affixed to the container adjacent to the label the following legend: "SAMPLE FOR TASTING -- NOT FOR RESALE" in black letters at least one-half inch in height on a white or light yellow background.

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

 

 

 

1.0 Solicitation, Transportation, and Permits

1.1 No person shall solicit orders for alcoholic liquors or transport samples thereof unless such person has in their possession a permit issued to them by the Commissioner. Such permit shall be issued by the Commissioner: (1) upon the request of any licensed manufacturer or Importer; and (2) upon proof that the person to be licensed is employed or sponsored by said manufacturer or Importer; and (3) upon receipt by the Commissioner of an affidavit in the following form executed by the person to be licensed:

 

STATE OF:

: SS.

COUNTY OF:

 

I, the undersigned, having been first duly sworn according to law, depose and say as follows:

(1) I desire to secure a license from the Delaware Alcoholic Beverage Control Commissioner under the provisions of Rule 16, and I make this affidavit for that purpose.

(2) I am employed or sponsored by

(3) I am familiar with the laws and Commissioner rules governing the sale and distribution of alcoholic liquors in the State of Delaware, particularly those pertaining to the method of handling samples, prohibiting the offering of inducements in any form, prohibiting tie-in sales, and those concerning credit regulations.

(4) I will not in anyway violate such laws or rules.

(5) I (have-have not) been convicted of a felony a sex offense, a gambling offense, or a law concerning alcoholic beverages. (If answer is in affirmative, attach arrest record.)

 

_________________________________

(Signature of Applicant)

 

SWORN TO AND SUBSCRIBED before me this ______day of ___________ 20___.

 

__________________________

(Notary Public)

 

1.2 A license issued by the Commissioner shall be signed, by the person to whom it is issued. Each license shall be valid, unless revoked by the Commissioner, as long as the license holder remains sponsored or employed by the licensed manufacturer or Importer.

1.3 A license may be refused or revoked for cause as set forth above by the Commissioner at any time after a hearing and due notice to the salesman. The salesman shall have the right to be represented by counsel, subpoena witnesses in their behalf, and otherwise offer a defense. The refusal or revocation by the Commissioner shall be in writing and shall state the grounds and reasons therefor. Any person holding a license shall surrender the same to the Commissioner forthwith upon the termination of their employment or sponsorship by a manufacturer or Importer. The employer or sponsor shall notify the Commissioner within two days after termination of the employment or sponsorship of any person holding a license under this rule, or of the arrest of such person for a felony, sex offense, gambling offense, or law concerning alcoholic beverages.

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

 

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