1.0 Minimum Age Requirements for Employment
1.1 Clubs with authorized dining facilities, hotels, racetracks and restaurants licensed under Title 4 of the Delaware Code are permitted to hire individuals 14 years of age and older.
1.2 Catering businesses serving liquors and bowling alleys licensed to serve alcoholic beverages are permitted to hire employees 16 years of age and older, provided that persons under the age of 18 shall not be involved in the sale or service of alcoholic liquor.
27 DE Reg. 189 (09/01/23)
2.0 Age-based Restrictions for Employees
2.1 Employees of an on-premise licensee 18 years of age and older may receive orders for and serve alcoholic liquors.
2.2 Employees, not of the legal drinking age, shall not work in any capacity behind a counter at which alcoholic liquors are located, may not mix alcoholic beverage drinks or draw beer from its dispenser.
19 DE Reg. 775 (02/01/16)
27 DE Reg. 189 (09/01/23)
1.0 Definitions
The following words and terms, when used in this regulation, have the following meaning:
"Retailer" means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises. 4 Del.C. §101. 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, for purposes of this Rule.
"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 when an in-store purchase has been completed. A minor shall not at any time be permitted unaccompanied access to the premises. In addition, a minor shall not participate in a curbside delivery transaction pursuant to 4 Del.C. §516 and 4 DE Admin. Code 910 either by completing a sales transaction or carrying a purchase from inside the store to a purchaser outside the store.
"Store" means an establishment licensed by the Commissioner only for the sale of alcoholic liquors for consumption off of the premises where sold.
26 DE Reg. 62 (07/01/22)
27 DE Reg. 189 (09/01/23)
2.0 Employment Limitations
2.1 No retailer shall employ a person under the age of 18 to work in their store.
2.2 Employees under the age of 21 shall not sell or serve alcoholic liquors, as those terms are defined in this regulation.
19 DE Reg. 775 (02/01/16)
26 DE Reg. 62 (07/01/22)
27 DE Reg. 189 (09/01/23)
1.0 Purpose and Applicability
This Rule shall govern the training curricula, examination, and certification standards for all Commissioner-approved server training courses.
2.0 Training Standards and Curricula
Server training programs shall meet the requirements of Title 4, Ch. 12, in order to be approved by the Commissioner.
3.0 Recognition and Approval Process
3.1 Independent contractors, private individuals, or educational institutions seeking approval to provide server training pursuant to 4 Del.C. Ch. 12, shall proceed as follows:
3.1.1 Submit a letter of intent to the Director of DATE, and include copies of all training curricula, materials, examinations, and certification cards.
3.1.2 The Director of DATE shall review and evaluate the training program. If the program meets the requirements of this rule and the Liquor Control Act, the Director of DATE shall submit a written report to the Commissioner supporting the programs conformity to the Liquor Control Act and Commissioner Rules.
3.1.3 The Commissioner shall review the request for program certification and the Director of DATE's recommendation and either approve or deny the application for certification.
4.0 Training Certification
4.1 Training certification cards issued by the provider must be approved by the Commissioner and shall display the following information: Trainee's full name, date of birth, expiration date, and instructor's signature.
4.2 All Commissioner-approved server training providers shall administer a Commissioner-approved written examination at the conclusion of each server training class. The minimum passing score for the examination shall be 80 percent. The training provider may only issue a Commissioner-approved certification card to each attendee who obtains a minimum passing score of 80 percent.
4.3 The server training provider shall submit proof of training certification for each person certified by the provider to the Director of DATE within 7 working days of the date of certification. The proof of certification shall list the following information for each trainee: Full name, date of birth, and date trained.
4.4 No Commissioner-approved server training provider shall knowingly issue a server training certification card to any individual who has not successfully completed the provider's training course as approved by the Commissioner.
4.5 The Commissioner may suspend or revoke the training privileges of any server training provider who violates the provisions of this rule or the Liquor Control Act.
19 DE Reg. 775 (02/01/16)
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