Title 4 Alcoholic Beverage Control
SPIRITS, WINE, AND BEER TASTINGS
1. Authority
This Rule implements the grant of authority to the Commissioner contained in 4 Del. C., §§ 525 and 554(ee), to issue licenses and collect licensing fees with respect to spirits, wine, and beer tasting.
2. 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(34) for a biennial fee of $100.
3. Application Process
3.1. Retailer licensees may apply in writing to the Commissioner for a license to conduct spirits, wine, and beer tasting on their licensed premises.
3.2. 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.
4. License Restrictions
4.1. Pursuant to 4 Del., C., §525, spirits, wine, and beer tasting licenses may only be granted to the holder of retailer's license.
4.2. No licensee shall conduct spirits, wine, and beer tastings without a license from the Commissioner.
4.3. 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.
4.3.1. The separate portion of the premises shall be an area designated by the Commissioner for spirits, wine, and beer tasting.
4.4. No licensee may charge for the alcoholic beverages offered for tasting or for the services involved.
4.5. 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.
4.6. Spirits offered for tasting must be 80 proof or less and beer must be a new product-line in the marketplace less than 1 year.
5. Any licensee who violates the provisions of this rule shall be subject to the sanctions and penalties as provided by the Liquor Control Act and Rules of the Commissioner.
6. Severability
If any provision of this rule is declared invalid the remaining portions of the rule shall remain valid and effective.
7. Effective Date: APPROVED AND EFFECTIVE This 20TH day of March, 1997
