reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter II. Purchase, Sale and Dispensing › § 522. Application for license to purchase for resale.

§ 522. Application for license to purchase for resale.
(a) Any person proposing to purchase alcoholic liquor for resale shall make application to the Commissioner for license.
(b) Any individual 21 years of age or older may apply for a license permitting the purchase of alcoholic liquors for resale. Any partnership may apply for a license permitting the purchase of alcoholic liquors for resale if such application is approved by a majority of the partners and each of the partners is 21 years of age or older. A corporation may apply for a license permitting the purchase of alcoholic liquors for resale if all the officers and directors of the corporation making the application are 21 years of age or older, and no stockholder under the age of 21 years owns or controls, either directly or through a custodian, more than 25% of the outstanding shares of stock of the applicant corporation, with the further provision that no group of such minor stockholders and/or custodians may own or control in the aggregate, more than 45% of the stock of the applicant corporation.
(c) The application shall be made on a blank form furnished by the Commissioner and shall be signed by the applicant before two witnesses. The application shall give the name, age, occupation and residence of the applicant and the kind of license requested.
(d) The application furnished by the Commissioner shall contain a statement to the effect that the applicant will comply with this title and the rules of the Delaware Alcoholic Beverage Control Commissioner.
(e) The Commissioner shall require that the statement of the applicant and of the witnesses be made under oath or affirmation.
38 Del. Laws, c. 18, §  18;  Code 1935, §  6147;  4 Del. C. 1953, §  522;  57 Del. Laws, c. 418, §§  1, 2;  59 Del. Laws, c. 107, §§  26-28;  60 Del. Laws, c. 242, §  1;  67 Del. Laws, c. 109, §  14;  71 Del. Laws, c. 383, §  2;  72 Del. Laws, c. 486, §  9;  84 Del. Laws, c. 42, § 44;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter II. Purchase, Sale and Dispensing › § 523. Application by partnership or corporation; liability for fines or costs.

§ 523. Application by partnership or corporation; liability for fines or costs.
If a license to purchase for resale is to be used on behalf of a partnership or corporation, the application therefor shall be accompanied by a declaration to that effect signed by an authorized member of such partnership or an authorized officer of such corporation. In such case the partnership or corporation, or the directors and officers thereof shall be liable jointly and severally for any fine and costs to which the holder of the license is liable.
38 Del. Laws, c. 18, §  18;  Code 1935, §  6147;  4 Del. C. 1953, §  523;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter II. Purchase, Sale and Dispensing › § 525. Spirits, wine and beer tasting.

§ 525. Spirits, wine and beer tasting.
A license to permit spirits, wine and beer tasting may be granted by the Commissioner to any person holding a license under this title as a retailer. Spirits, wine and beer tasting may take place only in a separate portion of a licensee's premises where alcoholic beverages are not sold. The separate portion of the premises shall be an area designated for spirits, wine and beer tasting by the Commissioner. No charge may be made for the spirits, wine and beer tasting.
65 Del. Laws, c. 283, §  2;  70 Del. Laws, c. 353, §  2;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter III. Determination of Applications › § 542. Decision upon application for renewal of license; time of making.

§ 542. Decision upon application for renewal of license; time of making.
On or before the first day of the month preceding the biennial expiration date of a license, the Commissioner shall render its decision upon every application properly and completely made to it on or before the first day of the third month preceding the biennial expiration date of a license.
38 Del. Laws, c. 18, §  25;  Code 1935, §  6154;  4 Del. C. 1953, §  542;  57 Del. Laws, c. 404, §  2;  67 Del. Laws, c. 273, §  23;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter III. Determination of Applications › § 544. Finality of Commissioner's decision refusing license.

§ 544. Finality of Commissioner's decision refusing license.
If an application is not timely protested, but the Commissioner determines that the application should nevertheless be denied, the Commissioner shall render the decision promptly in writing. The Commissioner's decision shall be final and conclusive unless, within 30 days after notice thereof has been mailed by the Commissioner's office, the applicant files an appeal in the office of the Commissioner. The appeal shall follow the procedure outlined in § 541 of this title.
38 Del. Laws, c. 18, §  22;  Code 1935, §  6151;  45 Del. Laws, c. 262, §  1;  4 Del. C. 1953, §  544;  59 Del. Laws, c. 107, §  38;  72 Del. Laws, c. 486, §  9;  73 Del. Laws, c. 133, §  3;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter III. Determination of Applications › § 545. Improvements to premises.

§ 545. Improvements to premises.
The Commissioner may not require an applicant to make improvements to the premises before the issuance of a license; however, the Commissioner may issue a license to sell alcoholic liquor upon the condition that certain improvements shall be made to the premises.
4 Del. C. 1953, §  545;  55 Del. Laws, c. 291;  59 Del. Laws, c. 107, §  39;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter IV. Certificate of License, Term of License and Fees › § 551. Issuance of certificate.

§ 551. Issuance of certificate.
If the Commissioner grants the license and payment therefor has been made, a certificate to that effect shall be issued. The certificate shall set forth the name, the kind of license granted, the date of expiration of the license, and if a license to manufacture or to sell or to keep in stock, the place or places in which it is to be manufactured, sold or kept.
38 Del. Laws, c. 18, §  23;  Code 1935, §  6152;  4 Del. C. 1953, §  551;  59 Del. Laws, c. 107, §  40;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter IV. Certificate of License, Term of License and Fees › § 552. Term and expiration date of licenses.

§ 552. Term and expiration date of licenses.
All licenses issued under this title shall be valid for a period of 2 years, unless it is specifically stated in this title or by the Commissioner to be for a shorter period of time, or unless the license shall be cancelled, revoked or suspended by the Commissioner, or unless the license shall be surrendered by the licensee, or unless the license shall expire. The Commissioner shall determine the precise dates of the validity of a license issued under this title. A license issued by the Commissioner, which is not a renewal of a former license, within 3 months of the date the license would have to be renewed under the rules of the Commissioner may be made to terminate by the Commissioner 2 years after the first applicable biennial expiration date.
38 Del. Laws, c. 18, §  25;  Code 1935, §  6154;  4 Del. C. 1953, §  552;  57 Del. Laws, c. 404, §  3;  67 Del. Laws, c. 273, §§  1, 26;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter IV. Certificate of License, Term of License and Fees › § 553. Rate of payment for license issued for other than 2 years.

§ 553. Rate of payment for license issued for other than 2 years.
A license issued for a time other than 2 years shall be paid for when issued at the rate of one twenty-fourth of the biennial fee for each month of the term.
38 Del. Laws, c. 18, §  25;  Code 1935, §  6154;  4 Del. C. 1953, §  553;  67 Del. Laws, c. 273, §§  2, 3;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter V. Cancellation or Suspension of License › § 562. Public hearing and right of appeal.

§ 562. Public hearing and right of appeal.
(a) No license shall be cancelled or suspended, or any licensee fined:
(1) Until the licensee has been given a public hearing by the Commissioner at which time the licensee shall be entitled to legal representation and to present witnesses; and
(2) Unless the ground therefor shall be established by clear and convincing evidence.
A full and complete record shall be kept of all proceedings incident to such hearing. All testimony shall be recorded but need not be transcribed unless an order of the Commissioner is appealed to the Superior Court as set forth in subsection (c) of this section.
(b) Any order of the Commissioner relative to suspension or cancellation of a license, or a fine imposed against a licensee shall become final 10 days after the licensee receives notice thereof, unless within 10 days of the date of the postmark on the Commissioner's decision a written appeal is filed in the Superior Court. No bond shall be required for filing such appeal.
(c) The appeal shall state the grounds upon which a review is sought. After the appeal is filed, service shall be made by the Sheriff upon the Commissioner. The Commissioner shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter, together with the Commissioner's findings therein as soon as practicable but in no event later than 20 calendar days from the date of service of the appeal. The Superior Court's review of an appeal shall be on the record and the Superior Court shall take into account the experience and specialized competence of the agency and the purpose under which the agency acted. Further, the Superior Court's review, in the absence of fraud, shall be limited to whether the agency's decision is supported by substantial evidence on the record and is free from legal error.
(d) An appeal without bond may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner as is provided in civil cases. Upon the final determination of judicial proceedings, the Commissioner shall enter an order in accordance with such determination, or shall take such further or other action as the Court may order. A petition for judicial review shall act as a supersedeas.
(e) The public hearing required in subsection (a) of this section may be by electronic, telephone, or remote means.
38 Del. Laws, c. 18, §  29;  Code 1935, §  6158;  47 Del. Laws, c. 119, §  1;  4 Del. C. 1953, §  562;  55 Del. Laws, c. 296, §  2;  59 Del. Laws, c. 107, §§  49, 50;  72 Del. Laws, c. 486, §§  9, 19, 20;  78 Del. Laws, c. 384, §  3;  82 Del. Laws, c. 247, §§   4, 5;  83 Del. Laws, c. 9, § 4;  83 Del. Laws, c. 284, § 4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter V. Cancellation or Suspension of License › § 563. Effect of cancellation or surrender of license; notice.

§ 563. Effect of cancellation or surrender of license; notice.
(a) The cancellation or the acceptance of a surrender of any license shall entail the loss of the privilege conferred by the license and shall entail the acceptance of or the seizure by the Commissioner of any alcoholic liquor found in the possession of the holder of the license, except those which occur solely by reason of the death of the licensee.
(b) Notice of the order of the cancellation or the acceptance of the surrender of the license may be served by an officer designated by the Commissioner by affixing a duplicate thereof to the outside of the entrance door of the licensed premises, or by leaving a duplicate with the holder of the license, or with any member of the family of the holder over the age of 18 years at the residence of the holder, or otherwise, as in the judgment of the Commissioner will give notice of such cancellation or acceptance of the surrender. All cancellations or acceptances of surrender shall take effect as soon as the order is served.
(c) The cancellation or acceptance of surrender of a license shall not in any wise prevent the institution of any criminal proceedings for any offense under this title by the person who was the holder of such license while it was in force. No conviction obtained for any offense under this title shall prevent the Commissioner from cancelling the license of any offender or from making at the same time a seizure of alcoholic liquor as provided in this title.
38 Del. Laws, c. 18, §  29;  Code 1935, §  6158;  41 Del. Laws, c. 246, §  1;  4 Del. C. 1953, §  563;  59 Del. Laws, c. 107, §  51;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter V. Cancellation or Suspension of License › § 564. Payments to former licensee.

§ 564. Payments to former licensee.
The Department of Finance shall, within 30 days of the date of the cancellation or acceptance of surrender of a license, remit to the former licensee a part of the license fee which has been paid and pertains to the unexpired term of the license. In addition, the Commissioner shall remit to the former licensee the amount originally received by the Commissioner from the former licensee in payment for such alcoholic liquor accepted or seized as remains in packages sealed by the Commissioner, after paying or deducting therefrom all costs and expenses incurred by the Commissioner by reason of the acceptance or seizure of the alcoholic liquor of the former licensee. When other legally acquired alcoholic liquors have been accepted or seized under this section, the value thereof as determined by the Commissioner shall be remitted by the Commissioner to the former licensee, after paying or deducting therefrom all costs and expenses incurred by the Commissioner by reason of the acceptance or seizure of the alcoholic liquor of the former licensee. When illegally acquired alcoholic liquors have been seized under this section, no payment shall be made therefor.
38 Del. Laws, c. 18, §  29;  Code 1935, §  6158;  41 Del. Laws, c. 246, §  1;  44 Del. Laws, c. 205, §  1;  4 Del. C. 1953, §  564;  57 Del. Laws, c. 741, §  27A;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter VI. Transfer of License; Death of Licensee › § 571. Transfer of license.

§ 571. Transfer of license.
(a) The rights conferred by a license may be transferred by the Commissioner to any representative designated by the person to whom or on behalf of whom the license was originally granted, if such representative is a person approved by the Commissioner. In the case of death of an individual to whom a license has been granted, the Commissioner may transfer the license to a qualified person recommended by the executor or administrator of the estate of the deceased licensee.
(b) In instances where the Commissioner has approved the transfer of a license, all matters concerning alcoholic beverage inventories shall be handled directly between the transferor and the transferee and all payments shall be made directly and not through the Commissioner.
38 Del. Laws, c. 18, §  29;  Code 1935, §  6158;  41 Del. Laws, c. 246, §  1;  4 Del. C. 1953, §  571;  59 Del. Laws, c. 107, §  52;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter VI. Transfer of License; Death of Licensee › § 572. Death of licensee; payments to licensee's estate.

§ 572. Death of licensee; payments to licensee's estate.
If any licensee dies and no application is made for transfer of the license, or the Commissioner refuses to permit the transfer of the license to another person, the Department of Finance shall return to the legal representative of such deceased person a share of the license fee received by the Department proportionate to the number of full calendar months of the unexpired term; and if the alcoholic liquors in possession of the licensee at the time of the licensee's death are delivered to the Commissioner and the Commissioner ascertains that such alcoholic liquors have been received by the deceased person according to law, the Commissioner shall pay to the representative the amount originally received by the Commissioner for such alcoholic liquors less 10 percent thereof, or the appraised value less 10 percent thereof.
38 Del. Laws, c. 18, §  31;  Code 1935, §  6160;  4 Del. C. 1953, §  572;  57 Del. Laws, c. 741, §  27B;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter VII. Taxes › § 582. Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of the United States.

§ 582. Refund of tax paid by importers or wholesalers on beer sold to instrumentalities of the armed forces of the United States.
(a) Any tax paid by an importer or wholesaler to the Department of Finance, pursuant to § 581 of this title, on alcoholic liquors that are sold by such importer or wholesaler to an instrumentality of the armed forces of the United States shall be refunded to such importer or wholesaler by the Department of Finance.
(b) Any importer or wholesaler entitled to a refund of tax under this section may, instead of filing a claim for refund, take credit therefor against taxes imposed by § 581 of this title and due upon alcoholic liquor subsequently purchased by such importer or wholesaler.
(c) The Commissioner may make and publish rules and regulations with respect to refunds and credits allowed by this section, and such rules and regulations as are not inconsistent with this title shall have the force and effect of law.
60 Del. Laws, c. 322, §  1;  72 Del. Laws, c. 374, §  1;  72 Del. Laws, c. 486, §  9;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter VII. Taxes › § 583. Administration of taxes.

§ 583. Administration of taxes.
Except to the extent inconsistent with specific provisions of this title, the provisions of Chapter 5 of Title 30 shall govern the assessment, collection, review and appeal of deficiencies of tax imposed by this title, and any interest and penalties thereon, and claims for refund of overpayment of taxes imposed by this title.
68 Del. Laws, c. 187, §  23;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter VII. Taxes › § 584. State fees in lieu of county and municipal fees; preemption provision.

§ 584. State fees in lieu of county and municipal fees; preemption provision.
The fees, charges and taxes imposed by the State under this title shall be in lieu of all county and municipal license fees and taxes upon the business of manufacturing, supplying, distributing and selling alcoholic liquor as such. Provided, however, general occupational license fees and general taxes imposed uniformly on everyone within the class shall not be preempted.
For purposes of this section, “class” shall not be defined by general or specific reference to manufacturing, supplying, distributing, or selling alcoholic liquor.
74 Del. Laws, c. 312, §  1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 701. Persons authorized to make sale and delivery of alcoholic liquors.

§ 701. Persons authorized to make sale and delivery of alcoholic liquors.
(a) No sale and delivery of alcoholic liquor shall be made in this State unless by a manufacturer or other person who holds a license of the Commissioner to sell and deliver alcoholic liquor and unless the sale and delivery is made to a person who is authorized to receive alcoholic liquor under Chapter 5 of this title.
(b) No common carrier shall be held responsible for the delivery of alcoholic liquor forbidden by this section.
(c) The Commissioner shall permit the holders of a license under §§ 531-533 of this title to receive or pick up beer in the barrel or keg directly from a manufacturer, importer or any other person authorized by this title to sell and deliver alcoholic liquor, notwithstanding any provisions of this title to the contrary.
(d) The Commissioner may permit an off-site caterer to transport alcoholic liquor in accordance with the Commissioner's rules.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  4 Del. C. 1953, §  701;  57 Del. Laws, c. 419;  67 Del. Laws, c. 109, §  18;  72 Del. Laws, c. 486, §  11;  73 Del. Laws, c. 393, §  4;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 702. Delivery of alcohol or spirits by manufacturer or importer.

§ 702. Delivery of alcohol or spirits by manufacturer or importer.
The Commissioner may issue a written order signed by the Commissioner authorizing a manufacturer or importer to deliver alcohol or spirits in specified quantity to a person who holds a license to sell such alcohol or spirits, but not more than 1 delivery shall be specified or made on the same order.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  4 Del. C. 1953, §  707;  67 Del. Laws, c. 109, §  19;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 703. Sale and delivery of wine or beer by manufacturer or importer.

§ 703. Sale and delivery of wine or beer by manufacturer or importer.
No manufacturer or importer shall sell, ship, transport or deliver wine or beer within this State to any person unless in accordance with the published regulations of the Commissioner and unless a statement of the date, amount and description of the transaction be mailed to the Commissioner.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  4 Del. C. 1953, §  708;  67 Del. Laws, c. 109, §§  19, 20;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 704. Commissioner regulation of wine or beer sales.

§ 704. Commissioner regulation of wine or beer sales.
The Commissioner may make a regulation authorizing a manufacturer or importer to sell, transport or deliver wine or beer within this State to any person or class of persons authorized under this title to receive wine or beer.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  4 Del. C. 1953, §  709;  67 Del. Laws, c. 109, §  19;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 705. Containers for sale and delivery of beer for consumption off premises.

§ 705. Containers for sale and delivery of beer for consumption off premises.
No sale and delivery of beer, for consumption off the premises where sold, shall be made in open containers, but sales or delivery may be made in bottles, half bottles, barrels, half barrels or quarter barrels, if such containers are securely corked, capped, stopped or plugged at the time delivery thereof is made.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  4 Del. C. 1953, §  710;  67 Del. Laws, c. 109, §  19;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 706. Sale or service of alcoholic liquors to intoxicated person.

§ 706. Sale or service of alcoholic liquors to intoxicated person.
Any licensee, or employee of a licensee, or person in charge of a licensed premises shall refuse to sell or serve alcoholic liquors to any individual if such individual is intoxicated or appears to be intoxicated. Such licensee, employee of a licensee or person in charge of the licensed premises shall not be liable to any individual for damages claimed to arise from the refusal to sell alcoholic liquors if such refusal is based upon this section.
38 Del. Laws, c. 18, §  17;  Code 1935, §  6146;  4 Del. C. 1953, §  711;  52 Del. Laws, c. 181;  59 Del. Laws, c. 107, §  53;  67 Del. Laws, c. 109, §  19;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 707. Home manufacture of beer or wine for personal consumption.

§ 707. Home manufacture of beer or wine for personal consumption.
(a) No license or special permit shall be required for the manufacture within homes, or other premises used in connection therewith, of beer in quantities of 200 gallons or less during any calendar year, or wine in quantities of 200 gallons or less during any calendar year, for the personal consumption only of the homeowner(s), their families or their guests; provided however, that such beer or wine shall not be offered for sale.
(b) Such beer or wine, when manufactured and used as set forth above, shall not be subject to any taxes imposed by the Liquor Control Act.
(c) Beer and wine manufactured pursuant to this section may be removed from the home and transported for personal or family use, and in addition may be transported for the purposes of participating in club-sponsored events and tasting competitions.
(d) Notwithstanding any other provision in this chapter or title, concentrated alcoholic beverages are not “home-manufactured beer or wine” for purposes of this section, and all Commissioner regulations and tax requirements concerning home-manufactured beer or wine shall not apply to concentrated alcoholic beverages.
4 Del. C. 1953, §  712;  59 Del. Laws, c. 107, §  54;  65 Del. Laws, c. 50, §  4;  67 Del. Laws, c. 109, §  19;  71 Del. Laws, c. 315, §  2;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 708. Prohibition of sales to certain persons.

§ 708. Prohibition of sales to certain persons.
(a) No person or licensee shall sell any alcoholic liquor to any:
(1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older;
(2) Person to whom such sale is prohibited;
(3) Individual who habitually drinks alcoholic liquor to excess, or to whom the Commissioner and/or Division has, after investigation, decided to prohibit the sale of such liquor because of an appeal to the Commissioner and/or Division by the husband, wife, father, mother, brother, sister, employer or other person depending upon, employing or in charge of such individual, or by the mayor or other competent representative of any city, town, or other incorporated place; the interdiction in such case shall last until removed by the Commissioner and/or Division.
(b) No sale made to any person mentioned in this section, other than an individual who has not reached the age of 21 years, shall constitute a misdemeanor unless the Commissioner and/or Division has informed the seller, by registered letter, that it is forbidden to sell to such person or unless the fact is otherwise known to the seller.
38 Del. Laws, c. 18, §  34;  Code 1935, §  6163;  41 Del. Laws, c. 249, §  1;  4 Del. C. 1953, §  715;  49 Del. Laws, c. 57, §  1;  58 Del. Laws, c. 511, §  1;  59 Del. Laws, c. 107, §  55;  61 Del. Laws, c. 493, §  2;  64 Del. Laws, c. 216, §§  1, 2;  67 Del. Laws, c. 109, §  19;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  10;  75 Del. Laws, c. 255, §  1;  78 Del. Laws, c. 179, §  2;  80 Del. Laws, c. 61, §  1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 710. Reports by importers.

§ 710. Reports by importers.
The Commissioner shall require every importer to make a monthly report of the importer's manufacture, purchases, stocks and sales of alcoholic liquor to the Commissioner.
38 Del. Laws, c. 18, §  28;  Code 1935, §  6157;  4 Del. C. 1953, §  718;  57 Del. Laws, c. 680;  59 Del. Laws, c. 590, §  5;  67 Del. Laws, c. 109, §  19;  72 Del. Laws, c. 486, §  11;  84 Del. Laws, c. 42, § 45;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 711. Refilling bottles.

§ 711. Refilling bottles.
Alcoholic liquor in bottles, procured by the holder of a license to resell for the purpose of delivering the same to consumers, shall be kept in the bottles in which it was procured. As long as any such bottle bears the mark or label which it bore when delivered, no other alcoholic liquor, substance or liquid shall be put therein, and no holder of a license, nor anyone on the licensee's behalf, after the alcoholic liquor bottled in 1 of the bottles has been poured out, may refill the bottle, either wholly or in part, with intent to supply alcoholic liquor or any other substance or liquid to any consumer.
38 Del. Laws, c. 18, §  32;  Code 1935, §  6161;  4 Del. C. 1953, §  719;  59 Del. Laws, c. 107, §  60;  67 Del. Laws, c. 109, §  19;  84 Del. Laws, c. 42, § 46;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 712. Label on bottle.

§ 712. Label on bottle.
No holder of a license shall use or allow the use of any mark or label on a bottle, in which alcoholic liquor is kept for sale, that does not precisely and clearly indicate the nature of the contents of the bottle, or which might in any way deceive any consumer as to the nature, composition or quality of the contents.
38 Del. Laws, c. 18, §  32;  Code 1935, §  6161;  4 Del. C. 1953, §  720;  59 Del. Laws, c. 107, §  61;  67 Del. Laws, c. 109, §  19;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 713. Mixing unauthorized with authorized liquor.

§ 713. Mixing unauthorized with authorized liquor.
No person shall, for any reason, mix or permit the mixing of or cause to be mixed any alcoholic liquor which is not authorized to be sold with any alcoholic liquor the sale of which is authorized to be sold.
38 Del. Laws, c. 18, §  32;  Code 1935, §  6161;  4 Del. C. 1953, §  721;  59 Del. Laws, c. 107, §  62;  67 Del. Laws, c. 109, §  19;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 714. Places for keeping spirits, wines or beer.

§ 714. Places for keeping spirits, wines or beer.
No person shall keep spirits, wines or beer in the State except:
(1) In an establishment licensed by the Commissioner to sell alcoholic liquor;
(2) In an establishment where it is expressly permitted by the Commissioner to keep alcoholic liquor;
(3) In an establishment where, by exception, it is permitted by law to keep alcoholic liquors;
(4) In the residence of any person, provided the alcoholic liquor is not kept with intent to sell the same, but one sale shall suffice to establish such intent;
(5) In the office of a physician, pharmacist or veterinarian for medicinal purposes only, and in the office of a clergyman for sacramental purposes only;
(6) In the baggage of an individual who is transporting alcoholic liquor for such individual's use;
(7) In a church, chapel, or other place for religious worship or a dependence thereof where sacramental wine may be kept.
38 Del. Laws, c. 18, §  36;  Code 1935, §  6165;  41 Del. Laws, c. 251, §  1;  59 Del. Laws, c. 107, §  63;  67 Del. Laws, c. 109, §§  19, 22;  72 Del. Laws, c. 486, §  11;  84 Del. Laws, c. 42, § 47;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 715. Places for keeping alcohol.

§ 715. Places for keeping alcohol.
No person shall keep alcohol in the State, except:
(1) In the establishment of a pharmacist, physician, dentist, veterinarian, wholesale druggist, university, college, school or manufacturing plant where the alcohol is used in industrial or scientific work or for the manufacture of pharmaceutical products where it is expressly permitted by the Commissioner to keep alcohol;
(2) In a distillery licensed by the Commissioner to manufacture alcohol.
38 Del. Laws, c. 18, §  36;  Code 1935, §  6165;  41 Del. Laws, c. 251, §  1;  4 Del. C. 1953, §  723;  67 Del. Laws, c. 109, §§  19, 23;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 716. Transportation of spirits, wines or beer.

§ 716. Transportation of spirits, wines or beer.
No person shall transport spirits, wines or beer in this State, except:
(1) Directly from one establishment in this State to another establishment belonging to or leased by the same person, provided he or she holds a license to transport alcoholic liquor; or
(2) Directly from the establishment of a holder of a license to sell and to deliver such alcoholic liquor to the establishment of a like holder of a license to sell; or
(3) Directly from the establishment of a person who is the holder of a license to transport alcoholic liquor to a place outside this State; or
(4) An individual who is transporting alcoholic liquor for his or her personal use or the use of his or her family or guests; or
(5) An individual importing alcoholic liquors into the State, the daily quantity of which does not exceed the amount permitted by federal statutes governing the importation of alcoholic liquors into the United States.
38 Del. Laws, c. 18, §  36;  Code 1935, §  6165;  41 Del. Laws, c. 251, §  1;  42 Del. Laws, c. 191, §  5;  44 Del. Laws, c. 203, §  6;  4 Del. C. 1953, §  724;  50 Del. Laws, c. 417, §  3;  55 Del. Laws, c. 82, §§  8, 9;  59 Del. Laws, c. 107, §  64;  67 Del. Laws, c. 109, §§  19, 24;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 407, §  1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 717. Transportation of alcohol.

§ 717. Transportation of alcohol.
No person shall transport alcohol in the State, except where it is expressly permitted by the Commissioner to transport such alcohol.
38 Del. Laws, c. 18, §  36;  Code 1935, §  6165;  41 Del. Laws, c. 251, §  1;  4 Del. C. 1953, §  725;  67 Del. Laws, c. 109, §§  19, 25;  72 Del. Laws, c. 486, §  11;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 718. Shipping and transporting alcoholic liquor.

§ 718. Shipping and transporting alcoholic liquor.
(a) If alcoholic liquor is to be shipped to a point within the State by other than the manufacturer or importer thereof, the transportation thereof outside of the municipality in which the establishment of the seller is situated, shall be made only by a common carrier or, if not contrary to the rules of the Commissioner, by the purchaser on condition that it is transported in a vehicle owned or hired by the purchaser directly to the purchaser's residence or, if the purchaser is the holder of a license to sell, to the purchaser's establishment, but such transportation shall not be by the seller nor by any employee, agent or representative of the seller, nor by any other person interested in the sale.
(b) If alcoholic liquor is to be shipped to a point within or without this State by the manufacturer or importer thereof, the shipment shall only be made by common carrier, by vehicle owned or hired by the manufacturer or importer, or employee thereof, under the rules of the Commissioner. “Shipped,” as used in this subsection, shall mean any movement of alcoholic beverage to any location other than the manufacturer's or importer's storage location.
(c) If the transportation of alcoholic liquor be effected by a common carrier, the individual transporting or in charge of the transportation of such alcoholic liquor shall have in such individual's possession and produce upon request a waybill or other evidence of authorized shipment containing the name and address of the shipper and the name and address of the consignee.
38 Del. Laws, c. 18, §  37;  Code 1935, §  6166;  4 Del. C. 1953, §  726;  67 Del. Laws, c. 109, §  19;  68 Del. Laws, c. 54, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  11;  84 Del. Laws, c. 42, § 48;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 719. Distillery and wine manufacturer.

§ 719. Distillery and wine manufacturer.
(a) No provision of this title shall prevent any distillery or brewery, duly licensed by the United States or by this State to manufacture alcohol or spirits in this State, or any wine manufacturer in this State from having or keeping for sale in the manufacturer's establishment in this State the alcoholic liquor so licensed to be manufactured by the manufacturer or from selling or delivering the same in accordance with the provisions of this title.
(b) If alcoholic liquor is to be shipped by a distillery or manufacturer to a place within this State, the distillery or manufacturer may sell it only to the Commissioner or under the published rules of the Commissioner and the distillery or manufacturer shall in every case comply with every other applicable provision of this title.
(c) The Commissioner may, upon the conditions it determines, grant to any distillery, duly licensed by the United States or by this State to manufacture alcohol or spirits in this State, a special license authorizing the distillery to purchase and to import, from such persons as are entitled to sell the same, wines or spirits to be used for the sole purpose of blending with and flavoring such products.
(d) No provision of this title shall prevent the Commissioner from agreeing to the sale and delivery of potable and non-potable alcohol from a distillery direct to a manufacturer of articles requiring such alcohol, if such sale and delivery be made subject to such conditions as the Commissioner publishes.
38 Del. Laws, c. 18, §§  40, 42;  Code 1935, §§  6168, 6170;  42 Del. Laws, c. 190, §  1;  4 Del. C. 1953, §  727;  59 Del. Laws, c. 107, §  65;  67 Del. Laws, c. 109, §  19;  72 Del. Laws, c. 486, §  11;  84 Del. Laws, c. 42, § 49;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 720. Storage of alcoholic liquors.

§ 720. Storage of alcoholic liquors.
All holders of licenses for the sale of alcoholic liquor in a tavern, restaurant or taproom, and as to the public sale portions of the premises covered by holders of a hotel or club license, shall store all alcoholic liquor in adequate storage facilities and the premises, or the part of the premises where such alcoholic liquor is stored if a hotel or club, must be locked before the last person leaves the licensed premises.
59 Del. Laws, c. 590, §  3;  67 Del. Laws, c. 109, §  19;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 721. Brewery.

§ 721. Brewery.
No provision of this title shall prevent the Commissioner from authorizing any brewery to sell and to deliver beer to any person in this State who holds a license to receive and resell beer, if a duplicate bill of each sale is filed with or mailed to the Commissioner, provided that the Commissioner shall not authorize the resale and delivery of beer to licensees within this State by any brewery whose total domestic sales, when including all affiliated licenses whether in or out of this State, exceeds 6 million barrels of beer in a single calendar year.
38 Del. Laws, c. 18, §  41;  Code 1935, §  6169;  4 Del. C. 1953, §  728;  67 Del. Laws, c. 109, §  19;  72 Del. Laws, c. 486, §  11;  82 Del. Laws, c. 22, § 2;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 722. Physicians, dentists, veterinarians and pharmacists.

§ 722. Physicians, dentists, veterinarians and pharmacists.
(a) No provision of this title shall prevent any individual who is licensed in this State to practice medicine, surgery or obstetrics, or dentistry, or veterinary medicine or surgery from purchasing alcoholic liquor in quantities larger than 1 bottle and keeping and using the same for purposes of solution or sterilization in the licensed individual's own practice, or in making a preparation for external application to be administered by the licensed individual, or from purchasing brandy, as defined in the United States Pharmacopoeia, or rum, for use in compounding the licensed individual's medicines.
(b) No owner, lessee or manager conducting a pharmacy or drugstore shall sell or dispense, on the premises conducted as a pharmacy or drugstore, alcoholic liquor for any other purpose than medicinal, scientific and industrial purposes. No provision of this title shall prevent any holder of a license for a pharmacy under § 517 of this title from:
(1) Purchasing alcoholic liquor in quantities larger than 1 bottle, for use in medicinal, official or pharmaceutical preparations, but no such person may sell such alcoholic liquor except when contained in such preparations or when filling a prescription, or an order of an individual holder of license under § 518 of this title; or
(2) Purchasing ethyl alcohol in quantities larger than 1 bottle, and selling the same for obstetrical or antiseptic purposes only, in quantities not exceeding 16 ounces, upon prescription of an individual practicing medicine, surgery or obstetrics and registered as such in this State, or upon the certificate of the latter if the sale be made to the pharmacy license holder personally.
38 Del. Laws, c. 18, §§  17, 39;  Code 1935, §§  6146, 6167;  42 Del. Laws, c. 187, §  1;  42 Del. Laws, c. 192, §  1;  4 Del. C. 1953, §  729;  67 Del. Laws, c. 109, §§  19, 26;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, §§ 1, 50;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 723. Disposition of stock of insolvent, deceased or former licensee.

§ 723. Disposition of stock of insolvent, deceased or former licensee.
(a) In the case of a seizure of alcoholic liquor under any judgment rendered against the holder of any license or in the case of insolvency of such person, the officer seizing such alcoholic liquor or the trustee in bankruptcy of such license holder shall provide the Commissioner an inventory of the alcoholic liquor found in the possession of the judgment debtor or bankrupt. The Commissioner shall cause notice to be delivered to all importers who sell product on the inventory. All importers shall pick up all saleable products (as determined by the Commissioner in the event of a dispute) that they sell at that time.
(b) The importer shall determine the value of the saleable inventory by determining the cost to a retail licensee on the same day as the alcoholic liquor is picked up.
(c) The importer may retain up to 5% of the value of the saleable inventory as a handling or restocking fee.
(d) In the event the licensee from whom the alcoholic liquor was seized owes the Importer an amount equal to or greater than the net of subsections (b) and (c) of this section above, the importer shall advise the Commissioner, the debtor or bankrupt, and the seizing authority of its calculations and credit the debtor's or bankrupt's account appropriately.
(e) In the event the licensee from whom the alcoholic liquor was seized owes the importer less than the net of subsections (b) and (c) of this section above, the importer shall, within 10 days of seizure, pay the difference of the net of subsections (b) and (c) of this section above and the licensee's obligation to the importer to the officer or the trustee, and shall advise the Commissioner, the debtor or bankrupt, and the seizing authority of its calculations and credit the debtor's or bankrupt's account appropriately.
(f) No payment shall be made for illegally acquired alcoholic liquor so delivered.
(g) Any dispute as to the value or saleable condition of the alcohol shall be determined by the Commissioner. Any dispute as to the amount of the obligations of the parties to each other shall be determined by the court or its designee.
38 Del. Laws, c. 18, §  29;  Code 1935, §  6158;  41 Del. Laws, c. 246, §  1;  42 Del. Laws, c. 189, §  2;  4 Del. C. 1953, §  730;  67 Del. Laws, c. 109, §  19;  72 Del. Laws, c. 486, §  11;  77 Del. Laws, c. 137, §  1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 726. Liability for price of illegal sale of alcoholic liquors.

§ 726. Liability for price of illegal sale of alcoholic liquors.
No action to recover the price of any alcoholic liquor sold in contravention of this title may be maintained.
38 Del. Laws, c. 18, §  53;  Code 1935, §  6181;  4 Del. C. 1953, §  733;  67 Del. Laws, c. 109, §  19;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 7. REGULATORY PROVISIONS › § 727. Sale at last call/closing hour of an establishment.

§ 727. Sale at last call/closing hour of an establishment.
No more than 1 alcoholic beverage may be sold to a person less than 15 minutes prior to closing each day that a license is open pursuant to this title. Any server who violates this section shall be guilty of a violation, and shall be fined $100 for a first offense, and $250 for a second or subsequent offense accruing within 1 year and shall be further required to take a course of instruction pursuant to Chapter 12 of this title (Delaware Responsible Alcoholic Beverage Server Training Program) within 90 days.
71 Del. Laws, c. 438, §  1;
2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 9. CRIMINAL OFFENSES AND PENALTIES › § 901. Offenses carrying penalty of imprisonment for 3 to 6 months.

§ 901. Offenses carrying penalty of imprisonment for 3 to 6 months.
Whoever:
(1) Peddles any alcoholic liquor; or
(2) Keeps, sells or dispenses alcoholic liquor in a disorderly house; or
(3) Being an employee of the Commissioner and/or Division, infringes any of the provisions of this title; or
(4) Not being the holder of a proper and valid license, or not being so authorized by this title, sells any alcoholic liquor in this State; or
(5) Not being the holder of a license under this title, claims or represents to be the holder of a license or exhibits a document purporting to be a license under this title; or
(6) Sells, offers for sale, or keeps with the intent to sell for beverage purposes, denatured alcohol, perfume, lotion, tincture, fluid extract or essence, or other liquid or solid not originally manufactured or intended for use as a beverage, containing more than one half of 1 percent of ethyl alcohol by volume,
shall, in addition to the payment of costs, be imprisoned not less than 3 nor more than 6 months. Justices of the peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this section.
38 Del. Laws, c. 18, §§  44, 45;  Code 1935, §§  6172, 6173;  41 Del. Laws, c. 250, §  1;  4 Del. C. 1953, §  901;  58 Del. Laws, c. 239, §  43;  67 Del. Laws, c. 109, §  27;  72 Del. Laws, c. 486, §  10;  84 Del. Laws, c. 42, § 52;