1.0 Wholesaler Licenses (Even-Numbered Years)
All wholesalers must apply for the renewal of their license in the form approved by the Commissioner on or before January 1 of each even-numbered year. All licenses issued by the Commissioner to wholesalers shall be for a two-year period beginning April 1 of each even-numbered year and ending March 31 of the following even-numbered year.
2.0 Biennial Gathering Licenses (Even-Numbered Years)
All applications for the renewal of biennial gathering licenses must be submitted in the form required by the Commissioner on or before October 1 of each even-numbered year. All biennial gathering licenses issued by the Commissioner shall be for a two-year period beginning January 1 of each odd-numbered year and ending December 31 of the following even-numbered year.
3.0 Retail Licenses - Sussex County (Even-Numbered Years)
All retail licensees in Sussex County must apply for the renewal of their license in the form required by the Commissioner on or before July 1 of each even-numbered year. All licenses issued by the Commissioner to locations in Sussex County shall be for a period of two years beginning October 1 of each even-numbered year and ending September 30 of the following even-numbered year.
4.0 Retail Licenses - City of Wilmington (Even-Numbered Years)
All retail licensees in the City of Wilmington must apply for the renewal of their license in the form required by the Commissioner on or before April 1 of each even-numbered year. All licenses issued by the Commissioner to locations in the City of Wilmington shall be for a period of two years beginning July 1 of each even-numbered year and ending June 30 of the following even-numbered year.
5.0 Retail Licenses - Kent County (Odd-Numbered Years)
All retail licensees in Kent County must apply for the renewal of their license in the form required by the Commissioner on or before July 1 of each odd-numbered year. All licenses issued by the Commissioner to locations in Kent County shall be for a period of two years beginning October 1 of each odd-numbered year and ending September 30 of the following odd-numbered year.
6.0 Retail Licenses - New Castle County (Odd-Numbered Years, A to K)
Retail licensees in New Castle County outside of the City of Wilmington whose name (corporate, partnership, or proprietary name, and not trade name) starts with an alphabetical letter of "A" to "K" must apply for the renewal of their license in the form required by the Commissioner on or before January 1 of each odd-numbered year. All licenses issued by the Commissioner to locations in New Castle County (A to K) shall be for a period of two years beginning April 1 of each odd-numbered year and ending March 31 of the following odd-numbered year.
7.0 Retail Licenses - New Castle County (Odd-Numbered Years, L to Z)
Retail licensees in New Castle County outside of the City of Wilmington whose name (corporate, partnership, or proprietary name, and not trade name) starts with an alphabetical letter of "L" to "Z" must apply for the renewal of their license in the form required by the Commissioner on or before April 1 of each odd-numbered near. All licenses issued by the Commissioner to locations in New Castle County (L to Z) shall be for a period of two years beginning July 1 of each odd-numbered year and ending June 30 of the following odd-numbered year.
8.0 Penalty for Failure to File Applications as Required
8.1 Fine
8.1.1 Any licensee who does not timely file the application for renewal as required by this Rule, or does not file the application for renewal in the form (including the fee) required by the Commissioner, or both, shall pay a fine as outlined in Rule 804 implementing the voluntary fine assessment plan:
8.1.1.1 First violation, $250 fine and administrative costs.
8.1.1.2 Second violation, $500 fine and administrative costs.
8.1.1.3 Any application for renewal received after three (3) calendar months from the time required in this rule, or any licensee who has committed a third or subsequent offense under this rule, shall be cited for a violation of this rule and the matter shall be heard by the Commissioner.
8.2 Collection of Fine and Right to Hearing
8.2.1 The fine shall be collected as outlined in Rule 804, Section 3.0 Procedure. If a licensee chooses a hearing before the Commissioner, then Rule 804, Section 4.0 Penalties and Administrative Costs, will be implemented.
8.3 Non-Renewal of License until Fine is Paid
8.3.1 When a fine is validly imposed under this Rule, the license shall not be renewed until the fine is paid in full.
8.4 Meaning of "Timely Filing"
8.4.1 In order for any application to be timely filed under this rule, it must be received by the Commissioner or clearly marked with a post office cancellation on or before the deadline required by this Rule.
9.0 This Rule Does Not Affect Revocations, Cancellations, Suspensions or Fines
Nothing in this Rule shall affect or limit the authority of the Commissioner to revoke, cancel or suspend a license, to impose a fine or to issue a license for a period of time less than two years. Further, nothing in this Rule shall prohibit a licensee from surrendering the license or allowing it to expire.
19 DE Reg. 775 (02/01/16)
1.0 Background
All suppliers are required by the Delaware Liquor Control Act to be licensed by the Delaware Alcoholic Beverage Control Commissioner. All new licensees, including those who have allowed their license to lapse, are required to pay an application processing fee pursuant to 4 Del.C. §554(x); however, any supplier applicant seeking a license to import two hundred (200) cases or less per year shall not require a hearing and not be required to pay the application processing fee. Should the holder of a license to import two hundred (200) cases or less per year apply for a license to import over two hundred (200) cases, he/she will be required to pay the full $1,000.00 application processing fee.
2.0 Purpose
2.1 The purpose of this rule is to establish a procedure for the renewal of suppliers that are licensed under Chapter 5, §501(a), which states:
2.1.1 Before any person sells any alcoholic liquor intended for importation into this state, the person shall procure from the Commissioner a supplier's license in the form prescribed by the Commissioner and shall pay a biennial fee in the amount of $100.00 to be permitted to sell not more than two hundred (200) cases of alcoholic liquor for importation into the state during the calendar year or a biennial fee in the amount of $1,000.00 to be permitted to sell more than two hundred (200) cases of alcoholic liquor for importation into this state during the calendar year.
3.0 Procedure
3.1 All suppliers whose name (corporate, partnership, or proprietary name, and not trade name) starts with an alphabetical letter of "A" to "K" must apply for the renewal of their license in the form required by the Commissioner on or before October 1 of each odd numbered year. All licenses issued by the Commissioner to Suppliers (A to K) shall be for a period of two years beginning January 1 of each even-numbered year and ending December 31 of the following odd-numbered year.
3.2 All suppliers whose name (corporate, partnership, or proprietary name, and not trade name) starts with an alphabetical letter of "L" to "Z" must apply for the renewal of their license in the form required by the Commissioner on or before October 1 of each even numbered year. All licenses issued by the Commissioner to Suppliers (L to Z) shall be for a period of two years beginning January 1 of each odd-numbered year and ending December 31 of the following even-numbered year.
3.3 If the supplier fails to comply with subsection 3.2 above, but renews its license prior to December 31, it will be subject to late renewal penalties as outlined in Section 4.0 of this rule.
3.4 If a supplier whose name begins with the letter A to K fails to submit a renewal application, along with the fee, by December 31 of odd numbered years, the license will expire, and the supplier will be prohibited by law from shipping alcoholic liquor into the state as of January 1.
3.5 If a supplier whose name begins with the letter L to Z fails to submit a renewal application, along with the fee, by December 31 of even numbered years, the license will expire, and the supplier will be prohibited by law from shipping alcoholic liquor into the state as of January 1.
3.6 If alcoholic liquor is shipped into the state by an unlicensed supplier, all alcoholic liquor may be seized under the provisions of 4 Del.C. Ch. 11.
3.7 Suppliers who allow their license to expire shall be required to file a complete application, including the $1,000.00 processing fee, before being issued a new license unless they apply for a license to ship two hundred (200) cases or less per year.
4.0 Penalty for Failure to File Applications as Required
4.1 Fine:
4.1.1 Any supplier who does not timely file an application for renewal as required by subsections 3.1 or 3.2, or does not file the application for renewal in the form required by the Commissioner including the fee, or both, shall pay a fine as outlined in Rule 804 implementing the voluntary fine assessment plan.
4.1.1.1 First Violation: $250.00 fine and administrative costs.
4.1.1.2 Second Violation: $500.00 fine and administrative costs.
4.1.1.3 Any application for renewal of a licensee who has committed a third or subsequent offense under this rule shall be cited for a violation of this rule and the matter shall be heard by the Commissioner.
4.2 Collection of Fine and Right to Hearing:
4.2.1 The fine shall be collected as outlined in Rule 804, Section 3.0, Procedure. If a licensee chooses a hearing before the Commissioner, then Rule 804, Section 4.0, Penalties and Administrative Costs, will be implemented.
4.3 Non-Renewal of License Until Fine is Paid:
4.3.1 When a fine is validly imposed under this rule, the license shall not be renewed until the fine is paid in full.
4.4 Meaning of "Timely Filing"
4.4.1 In order for an application to be timely filed under this rule, it must be received by the Commissioner, or clearly marked with a post office cancellation, on or before the deadline required by this rule.
4.5 Nothing in this rule shall affect or limit the authority of the Commissioner to revoke, cancel, or suspend a license, to impose a fine, or to issue a license for a period of time less than one year. Further, nothing in this rule shall prohibit a licensee from surrendering the license or allowing it to expire.
19 DE Reg. 775 (02/01/16)
1.0 Purpose
1.1 This rule requires the submission of design specifications or alterations of proposed and existing establishments either licensed or to be licensed by the Commissioner for the sale of alcoholic liquor, to ensure compliance with the Liquor Control Act and Commissioner Rules.
1.2 The Commissioner has concluded, pursuant to the Commissioner's authority to regulate time, place, and manner in which alcoholic liquor is sold and dispensed, 4 Del.C., §304(a)(2), that the submission of this information is reasonably necessary to ensure compliance with the various specification provisions of the Liquor Control Act and existing Commissioner Rules.
1.3 The Commissioner has further found that the potential public safety and law enforcement risk associated with drive-in and walk-up windows, when measured against the nominal convenience they offer consumers, dictates a prohibition on future floor plans that seek to include these design features for the sale of alcoholic liquors.
2.0 Applicability
This rule shall govern the submission of specifications and floor plans by all persons licensed or to be licensed by the Commissioner to import alcoholic liquor or to sell alcoholic liquor for consumption either on or off the premises or both.
3.0 Procedure
3.1 Each application for a license to sell alcoholic liquor must be accompanied by a floor plan of the premises to be licensed. The plan shall be reviewed by the Commissioner and approved only if it conforms with the Liquor Control Act and Commissioner Rules.
3.2 The floor plan must be submitted in duplicate (two copies) and must include, at a minimum, the following:
3.2.1 Detailed interior and exterior dimensions of the premises.
3.2.2 Clearly indicate all fixtures and equipment, including draft systems, counters, shelving, tables, chairs, bars (if applicable), male restroom, and female restroom.
3.2.3 Detailed interior and exterior dimensions of any other floors, basements, attached rooms, or adjoining structures of any type, if used or planned to be used, for the sale or storage of alcoholic liquor. If applying for a restaurant license, include areas designated for entertainment at any time.
3.2.4 Clearly indicate all entrances and exits of the establishment, as well as any and all connecting halls, doors, or windows that would permit communication or access between licensed and unlicensed areas. This requirement also includes connected or attached living quarters.
3.3 All proposed alterations to existing licensed establishments shall comply with the aforementioned requirements and, in addition, follow the provisions of Rule 704 (Formerly Rule 42.1) before submission to the Commissioner for consideration.
4.0 Prohibition on Drive-In and Walk-Up Windows
4.1 It is the finding of the Commissioner that the use of drive-in and walk-up windows or counters by establishments licensed for off-premises consumption present substantial risks to public safety and law enforcement personnel that outweigh the convenience they offer consumers.
4.2 Specifically, the Commissioner finds the following risks associated with drive-in and walk-up windows:
4.2.1 Licensee compliance with proper identification procedures and detection of intoxicated patrons is encumbered by the presence of glass partitions, increased distance, angle of view (between the window and parked vehicle), poor lighting, and automobiles.
4.2.2 Law enforcement surveillance personnel cannot adequately view patrons sitting in automobiles for the purpose of assessing age and condition of sobriety.
4.2.3 The danger to law enforcement personnel is substantially increased when suspected liquor law violators are in a motor vehicle. The potential flight of violators also constitutes an increased risk to the public.
4.2.4 The practice of drivers purchasing alcoholic liquor without leaving their vehicle creates a public perception that tends to frustrate the state's goal of promoting highway safety and reducing drunk driving.
4.3 The Commissioner, therefore, will not accept or approve an application for an alcoholic liquor license, or a request for an alteration in the case of an existing license, wherein the accompanying floor plan includes either a drive-in or walk-up window or counter; however, this prohibition shall not apply to the transfer of ownership in any of the forms covered by Rule 301 (Formerly Rule 3) or renewal of an existing license.
19 DE Reg. 775 (02/01/16)
1.0 Purpose and Scope
1.1 Licenses issued under the provisions of Title 4, Delaware Code (Liquor Control Act) are approved based upon the physical plan as presented in the initial application. Under the provisions of Rule 703 any and all alterations to the licensed premises must be presented and approved by the Commissioner prior to execution.
1.2 This rule provides procedures, standards and fees for use permits and enforcement inspection under Rule 703.
2.0 Definitions
"Patio" means deck or porch, covered, uncovered, raised or at grade, and must be attached to, and contiguous with the licensed premises.
"Premises" means the building or buildings identified by a single address number or lease space number, to which a license to sell alcoholic liquors for consumption "on" or "off" has been issued by the Commissioner, but shall not include the surrounding grounds, parking lot, ancillary structures, contiguous water, still or moving, or piers, floating docks or buildings, patios covered or uncovered, or any other structure, modular or mobile home attached or connected to the licensed establishment by electrical, water, sewer or heating/air conditioning systems.
"Wet Bar" means any fixed or portable, permanent or temporary, point of service for sale, delivery or service of alcoholic beverages.
3.0 Patio Permit
An extension of premises patio permit may be issued, and valid during the term of the basic license, providing the following procedures are followed and said extension is approved by the Commissioner.
4.0 Procedures
4.1 For all construction and/or renovation:
4.1.1 Submit to the Commissioner a letter of intent including:
4.1.1.1 Detailed floor or construction plans (2 sets) showing dimensions, point of contact with the licensed premises, elevation and identification of access and egress, wet bars, seating and table arrangements, storage, restrooms, parking and fencing. In the event that the applicant is for a restaurant license, include the areas utilized for entertainment, either permanent or temporary;
4.1.1.2 The total square footage of the extended premises;
4.1.1.3 Approval from the appropriate political subdivision;
4.1.1.4 Intended construction start and finish dates;
4.1.1.5 Filing Fee (non-refundable).
4.2 Notice of an extension of the licensed premises must be made in accordance with 4 Del.C. §524. The Commissioner will review the intent plans, and if no protest is received within the protest period, may issue a construction approval to begin construction. Any change in plans must be submitted to the Commissioner for approval, accompanied by a filing fee.
4.3 In the event a protest is received, a public hearing will be scheduled to hear the protest.
4.4 When construction is completed, the Commissioner shall be notified for final inspection of the site.
4.5 Upon final inspection, approval, and upon payment of the non-refundable inspection fee, and patio permit fee, if applicable, the Commissioner shall authorize use as an extension of premises.
5.0 Fees
5.1 Filing Fee: $25.00
5.2 Inspection fees:
5.2.1 Up to 2500 square feet $100.00
5.2.2 2501-7500 square feet $200.00
5.2.3 7501-10,000 square feet .03/sq. ft.
5.2.4 10,001-15,000 square feet .04/sq. ft.
5.2.5 over 15,000 square feet .05/sq. ft.
5.3 Patio use permit fee: Biennial fee of $1,000.
5.4 Fee for a variance to the standards set forth in Section 6.0 below is a biennial fee of $100 per variance.
6.0 Standards for Patios
6.1 No live entertainment on licensed patio.
6.2 No external speakers or amplifiers on licensed patio.
6.3 No audible paging system on licensed patio.
6.4 No wet bar on licensed patio.
7.0 Variances
The Commissioner may authorize variances for good cause shown to the inspection standards for individual patio requests.
19 DE Reg. 775 (02/01/16)
1.0 Purpose and Scope
1.1 Licenses issued under the provisions of Title 4, Delaware Code (the Delaware Liquor Control Act) are approved based upon the physical plan as presented in the initial application. Under the provisions of 4 DE Admin. Code 703, all alterations to the licensed premises must be presented and approved by the Commissioner prior to execution of construction, renovation, or modification.
1.2 This rule provides procedures, standards, and inspection requirements.
2.0 Definitions
"Expansion of Outdoor Seating" includes the surrounding grounds, sidewalk and parking lot immediately adjacent to the building or buildings identified by a single address number or lease space number, to which a license to sell alcoholic liquors for consumption has been issued by the Commissioner. It does not mean the building or buildings to which a license to sell alcoholic liquors for consumption "on" or "off" has been issued by the Commissioner, nor does it include ancillary structures, contiguous water, still or moving, or piers, floating docks or buildings, patios covered or uncovered, or any other structure, modular or mobile home attached or connected to the licensed establishment by electrical, water, sewer or heating/air conditioning systems.
"Wet Bar" means as defined in 4 DE Admin. Code 704, Section 2.0.
3.0 Expansion of Outdoor Seating Permit
Approval of an expansion of outdoor seating for serving food and alcoholic beverages may be issued, and valid during the term of the basic license, providing the following procedures are followed and the expansion of outdoor seating is approved by the political subdivision before the request for an expansion of outdoor seating is submitted for review and approval by the Commissioner. Expansion of outdoor seating approval is separate from and does not include an extension of premises patio permit ("patio permit") governed by 4 DE Admin. Code 704.
4.0 Procedures
4.1 For an expansion of outdoor seating, the licensee shall submit to the Commissioner a letter of request, with the following attachments:
4.1.1 A letter of approval from the appropriate political subdivision approving the request for expansion of outdoor seating explaining how the expansion will comply with 4 Del.C. §524(f)(2), including compliance with traffic patterns and the State's right of way, compliance with the Americans with Disabilities Act and adherence to noise ordinances. The letter shall also include the expiration date of the approval for expansion of outdoor seating, if applicable.
4.1.2 A detailed floor or construction plan showing dimensions, point of contact with the licensed premises, elevation (if any) and identification of access and egress, seating and table arrangements, and appropriate fencing or enclosures for the expansion of outdoor seating that will permit the proper control over the distribution of alcoholic beverages.
4.1.3 Intended construction start and finish dates, if applicable.
4.1.4 Filing Fee (non-refundable).
4.2 If construction or modification is required, when completed, the Commissioner shall be notified for final inspection of the site.
4.3 Upon final inspection, approval, and upon payment of the non-refundable inspection fee, the Commissioner shall authorize use as an expansion of outdoor seating.
5.0 Fees
5.1 Filing Fee: $25.00
5.2 Inspection fee: $25.00
6.0 No Additions Permitted to An Expansion of Outdoor Seating
6.1 No live entertainment is permitted on an expansion of outdoor seating.
6.2 No external speakers, sound system or amplifiers are permitted on an expansion of outdoor seating.
6.3 No audible paging system is permitted on an expansion of outdoor seating.
6.4 No wet bar is permitted on an expansion of outdoor seating.
26 DE Reg. 57 (07/01/22)
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