RULE NUMBER 7.1

a. Purpose and Scope. This rule implements the provisions of 4 Del. C. §904(m).

b. Statute. Section 904(m), Title 4, Delaware Code, provides:

(m) Nothing in this Section shall prevent the employment in a store by a retailer of anyone who has reached the age of 18 years, under such conditions as the Commissioner may by rule prescribe; provided, however, that no such minor shall sell or serve alcoholic liquor.

c. Definitions.

(1) "Retailer" means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises. 4 Del. C. 4 §101(27) (1978 Suppl.]. A natural person who is a sole proprietor, general partner, or owner of 25 percent or more of the issued and outstanding stock of a package store shall be considered as a "person" within the meaning of §101(27), for purposes of this Rule.

(2) The term "sell or serve alcoholic liquors" means acting in any manner toward a consumer which encourages, induces, or fosters the sale of any goods, whether or not they contain alcoholic liquor. The term includes, but is not limited to, advising consumers on the selection of goods, delivery of goods to consumers before payment, and ringing up sales. The term does not include stocking shelves, affixing price labels, and other acts not requiring direct contact with consumers, nor does it include assisting consumers in carrying parcels from the store. A minor shall not at any time be permitted unaccompanied access to the premises.

(3) The term "store" means an establishment licensed by the Commissioner only for the sale of alcoholic liquors for consumption off of the premises where sold.

d. Permits Required; Standards.

(1) No retailer shall employ a person under the age of 21 in their store unless the person under 21 shall first have been approved by the Commissioner and received a permit to work in the store.

(2) The permit required by subparagraph (1) shall be issued upon application showing that:

(a) The applicant is 18 years of age or older;

(b) The applicant is a mature and responsible person; and.

(c) The applicant has not been the subject of any judicial or administrative proceedings by any federal, state or local governmental agency involving:

(1) Violations of laws or regulations respecting controlled substances;

(2) Violations of laws or regulations respecting alcoholic liquors; or

(3) Violations of criminal statutes carrying a penalty of incarceration of more than 1 year, whether or not a sentence of imprisonment was actually imposed.

(3) Permits shall continue in full force and effect until the holder attains the age of 21 years, unless sooner revoked.

e. Application for Permit; Contents; Procedure.

(1) Any person who has reached the age of 18 years may apply to the Commissioner for a permit to work in a store.

(2) The application shall state:

(a) The name, address, telephone number, Social Security number and date of birth of the applicant;

(b) The name, address and telephone number of the applicant's parents;

(c) The name and address of the store where the applicant will be employed;

(d) The name and address of the high school most recently attended by the applicant;

(e) Any and all arrest and criminal or juvenile charges against the applicant, and their disposition, and all school disciplinary actions involving the applicant;

(f) The names, addresses and telephone numbers of 3 character references, who shall not be related to the applicant.

(3) The application shall be signed by the applicant, at least one parent, and an approved owner of the store.

f. Approval of Application. The Deputy Commissioner may approve or disapprove applications. An applicant may appeal disapproval to the Commissioner.

h. Effective Date. This Rule shall be effective August 30, 1981