1.0 Cash Sales
1.1 No sale of alcoholic liquors by any licensee of this Commissioner shall be made except for cash.
1.2 For the purpose of this rule, the word "cash" shall mean:
1.2.1 In the case of a Package Store, Restaurant-OFF License, Hotel-OFF License, Taproom-OFF License and Club-OFF License, payment in currency, a valid check of a banking institution or nationally known or local bank credit or debit cards, before any alcoholic liquor is permitted to leave the premises;
1.2.2 In the case of an on-premises licensee other than Hotels, Clubs or Caterers, payment upon the completion of service and before the patron leaves the premises by check, currency or nationally known or local bank credit or debit cards; except in cases where the licensee has its own credit card system and the charge of alcoholic liquors has been in conjunction with the service of full course meals to each person being served and/or consuming the alcoholic liquors, this may be accepted as cash;
1.2.3 In the case of a Hotel, payment upon completion of stay or service by currency, valid check or by nationally known or local bank credit or debit cards. In the case where a Hotel has its own credit system, this may be accepted as cash;
1.2.4 In the case of a Caterer, payment upon the completion of service and before the patron leaves the premises by check, currency or nationally known or local credit or debit cards; this may be accepted as cash;
1.2.5 In the case of Clubs where provision is made in their Rules or By-Laws for members to have charge accounts, payments by currency or check within 60 days with all accounts of the previous month being settled in full by the last day of the following month.
19 DE Reg. 775 (02/01/16)
1.0 Purpose and Scope
This Rule supplements the definition of Hotel, Motel, Dinner Theater and Restaurant contained in the Liquor Control Act, 4 Delaware Code, Section 101 et seq.
27 DE Reg. 186 (09/01/23)
2.0 Hotel and Motel
2.1 “Hotel” means any establishment provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to travelers.
2.2 "Motel" means the same as the word "hotel" except that a motel may consist of 1 or more buildings so long as it otherwise qualifies with the requirements set forth in the above definition of "hotel". The provisions of the Liquor Control Act shall likewise apply to applications to sell alcoholic liquor in a motel.
2.3 There shall also be adequate and sanitary kitchen and dining room equipment and an approved storage space where alcoholic liquor may be kept. A hotel and motel shall be advertised as such. A State or County license to operate the premises as a hotel and motel shall also be issued and in possession of the applicant prior to the issuance of the license and at all times thereafter during the term of the license.
27 DE Reg. 186 (09/01/23)
3.0 Restaurant
3.1 “Restaurant” means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for 12 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook.
3.2 Additional requirements to operate as a restaurant are:
3.2.1 Seats at a bar shall not exceed 1/3 of the dining seats.
3.2.2 The service of only such food as sandwiches or salads shall not be deemed to be the service of “meals”.
3.2.3 Complete meals shall be available at all hours that any restaurant is open for the sale of alcoholic liquor.
3.2.4 There shall also be adequate and sanitary kitchen and dining room equipment, and an approved storage space where alcoholic liquor may be kept.
3.2.5 A State or County license to operate the premises as a "restaurant" shall also be issued and in the possession of the applicant prior to the issuance of the license and at all times thereafter during the term of the license.
19 DE Reg. 858 (03/01/16)
27 DE Reg. 186 (09/01/23)
4.0 Complete Meals - Hotel, Motel, and Restaurant
4.1 The sale of alcoholic beverages by a hotel, motel, or restaurant shall be considered as a supplement to the original purpose of providing food and lodging and furnishing food, respectively.
4.2 "Complete Meals" shall be considered to mean the normal meals provided at breakfast, lunch and dinner, offered from menus consisting of, but not limited to: breakfast foods, soups, appetizers, entrees, salads, vegetables, desserts, and beverages other than alcoholic.
4.3 Restaurants licensed to sell "Beer Only" and "Wine Only" shall be required to furnish only 2 out of the 4 following accompaniments to meals: appetizers, soups, salads and vegetables.
27 DE Reg. 186 (09/01/23)
5.0 Dinner Theater
5.1 The dinner theater shall serve at least 1 meal consisting of, but not limited to, appetizers, entrees, salads, vegetables, desserts and beverages other than alcoholic. There shall also be an adequate and sanitary kitchen and dining equipment with an approved storage space where alcoholic liquor may be kept.
5.2 The dinner theater licensee shall supply to the Commissioner the hours during which the licensee shall permit consumption of alcoholic beverages on its premises. In no event shall the dinner theater licensee allow consumption of alcoholic liquors on its premises at times other than in conjunction with meals served at the theatrical performances and during intermissions or at any other time which is not permitted by the Delaware Liquor Control Act. The hours of consumption of alcoholic liquors shall first be approved by the Commissioner before the issuance of a license.
5.3 Persons not of sufficient age to consume alcoholic liquors shall be allowed and permitted to be on the licensed premises of the dinner theater so long as all of the other provisions of the Liquor Control Act and Rules of this Commissioner are being complied with.
19 DE Reg. 775 (02/01/16)
27 DE Reg. 186 (09/01/23)
1.0 Purpose and Scope
This rule defines the term "Delivery", "Sale", "Service" and "Consumption" of alcoholic liquors and prescribes the hours of the day when alcoholic liquors may be delivered, sold and consumed, under the provisions of 4 Del.C. §709.
2.0 Definitions
"Consumption" of alcoholic liquors means the act of drinking or eating alcoholic beverages, includes possession of an alcoholic beverage with the present ability to drink or eat it.
"Delivery" of alcoholic liquors means the transfer of possession or custody of alcoholic liquors from 1 person to another.
"Sale" of alcoholic liquors means solicit or receive an order for; keep or expose for sale, deliver for value or in any other way than purely gratuitously.
"Service" of alcoholic liquors means the delivery of alcoholic beverages.
"Time of Day" means prevailing local time in the State of Delaware as fixed by Executive Order or pursuant to the Uniform Time Act of 1966, 15 U.S.C. §260, et seq.
3.0 Prohibited Acts
No person licensed by the Commissioner shall sell, serve or deliver alcoholic liquors on, in or from an establishment licensed for On-premises consumption between the hours of 1:00 A.M. and 9:00 A.M. No alcoholic liquors shall be consumed on licensed premises between the hours of 2:00 A.M. and 9:00 A.M.
19 DE Reg. 775 (02/01/16)
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