2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter II. Purchase, Sale and Dispensing › § 512. Licenses.

§ 512. Licenses.
(a) Any person, who is the owner or lessee, or who is recognized by the Commissioner as being in charge of a hotel, beer garden, motel, taproom, restaurant, motorsports speedway, concert hall, horse racetrack, multi-purpose sports facility, club or multiple activity club, may apply to the Commissioner for a license to purchase spirits, beer, or wine from an importer and to receive, keep and sell such spirits, beer, or wine either by the glass or by the bottle for consumption on any portion of the premises approved by the Commissioner for that purpose. Such a license entitles a club to sell such spirits, wine, or beer only to members of that club. A multiple activity club which holds such a license may apply for an additional license to sell such spirits, wine, or beer to any person who is a guest of such club or of a member of such club who is duly registered in accordance with a bylaw or rule of such club, approved by the Commissioner, provided that if the Commissioner determines that any applicant is not a multiple activity club, as defined in § 101 of this title, the application shall be denied. There shall be no age restrictions on persons permitted on the premises of a licensed multiple activity club.
(1) Notwithstanding any law, regulation, or rule to the contrary, any restaurant, brewpub, tavern, or taproom, or other entity with a valid on-premise license issued pursuant to subchapter II of Chapter 5 of this title may sell alcoholic liquors in transactions for take-out, curbside, or drive through service.
(2) All alcoholic liquors sold for off-premise consumption under this subsection must comply with all of the following requirements:
a. Be sold in containers that are securely closed, which means a container that is designed to prevent consumption without removal of the lid, cap, or seal, and does not include a container with a lid with sipping holes or openings for straws.
b. [Repealed.]
c. Be limited per customer to 1 750 ML bottle of wine, 6 servings of beer, and mixed cocktails which are made in the restaurant, brewpub, tavern, taproom, or other entity with a valid on-premise license.
d. Be sold and served only by a person certified as a responsible alcoholic beverage server pursuant to § 1205 of this title.
e. If sold by a restaurant, comply with 1 of the following requirements:
1. The alcoholic liquor is sold with the customer's purchase of food that costs at least $10.
2. The alcoholic liquor is ice cream containing up to 10% alcohol by volume.
(b) (1) The license issued to a horse racetrack or multi-purpose sports facility pursuant to this section shall continue to be valid whether or not a race meet or sporting event is in progress.
(2) Subject to the provisions, restrictions and prohibitions of this title, the Commissioner may allow a horse racetrack to brew beer on its premises under all of the following conditions and restrictions:
a. The brewing facility must be situated on the premises of, or be physically a part of, the horse racetrack.
b. The brewing facility must not brew more than 4,000 barrels of beer in any calendar year.
c. In addition to other permitted sales, the horse racetrack may sell at the licensed premises beer manufactured on the licensed premises for on-premises consumption.
d. In addition to other permitted sales, the horse racetrack may sell at the licensed premises beer manufactured on the licensed premises for consumption off of the premises if the beer is sold in a growler.
e. The horse racetrack may sell beer manufactured on licensed premises in labeled barrels, bottles, or other closed containers to wholesalers licensed under this title for delivery by them to persons inside or outside this State.
f. The horse racetrack is prohibited from owning, operating, or being affiliated with any importer of alcoholic liquor, either in or without this State.
g. The Commissioner may make and publish such rules and regulations with respect to the assessment and payment of the tax on beer, under § 581 of this title, as the Commissioner deems proper, and all such rules and regulations that are not inconsistent with this title shall have the force and effect of law.
(3) The issuance of a horse racetrack license that permits the manufacture and sale of beer for off-premises consumption are exempt from the distance requirements for establishments licensed or to be licensed under § 543(d) of this title, and such requirements do not affect the granting of a horse racetrack license.
(c) Any person operating a dinner theater presenting public performances featuring live actors in dramatic or musical productions may apply to the Commissioner for a license to keep and sell alcoholic liquor to patrons for consumption on the premises served at such performances, and for consumption on the premises during intermissions, subject to such rules and regulations as may be promulgated by the Delaware Alcoholic Beverage Control Commissioner, provided that the licensee does not serve alcohol unaccompanied by a meal at more than 10 performances during the calendar year.
(d) Any person who has purchased a bottle of alcoholic liquor other than beer from a premises licensed for the sale and consumption on the premises where sold licensed under this title, and who has partially consumed the contents of such bottle on the licensed premises, may, if the bottle is capped, remove it from the licensed premises for the purpose of consumption off the licensed premises.
(e) Any person receiving a license under this section shall be permitted to charge a cover charge at any time live entertainment is actually being provided by the licensee, provided that any licensee charging a cover charge shall prominently display the fact that a cover charge is being made, both at the entrance to the premises and on the menu if one is used on the premises.
(f) Any person operating a bowling alley or movie theater may apply to the Commissioner for a license to keep and sell alcoholic liquor to patrons for consumption on the premises only. A license for a movie theater shall allow for consumption by patrons within the theater or theaters where movies are being shown. A movie theater which obtains a license must sell alcoholic liquors at a separate bar or location away from other food and drink, may only sell 1 alcoholic beverage at a time per age-verified patron and may only serve 2 alcoholic beverages per patron per movie showing. Movie theater managers and employees involved in serving alcohol must complete alcohol service training as prescribed by the Commissioner.
(g) (1) A caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep and sell such alcoholic liquors either by the glass or by the bottle, for consumption on any portion of the premises approved by the Commissioner for that purpose.
(2) An off-site caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep, transport and sell such alcoholic liquors either by the glass or by the bottle for consumption on any portion of off-site premises approved by the Commissioner for that purpose. Transporting of alcoholic liquors by an off-site caterer must be done in accordance with the Commissioner's rules.
(h) Notwithstanding any provision of this title to the contrary, motorsports speedways may permit patrons to bring inside with them alcoholic beverages regulated under this title for their own personal consumption, provided that they have a lawful ticket for admission to the facility and are of the lawful age to consume alcoholic beverages. The motorsports speedway may restrict the portions of the facility that patrons may act in accord with this section. Notwithstanding any provision of this title to the contrary, a motorsports speedway is not required to maintain a license required pursuant to § 554 of this title in order to permit patrons to bring inside with them alcoholic beverages regulated under this title for their own personal consumption.
(i) A certificated air passenger carrier maintaining and operating a warehouse storage facility in the State may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive at the carrier's warehouse or airport facility, keep at the carrier's warehouse or airport facility, transport to the carrier's airport facility, and sell such alcoholic liquor to its passengers for consumption on its aircraft only.
(j) An establishment licensed as a restaurant shall not be required to use the word “restaurant” in its tradename, menus, advertisements or signage unless the Commissioner specifically finds that the public may be confused as to its status as a restaurant.
(k) Any person who holds a valid restaurant license issued by the Commissioner may deny a minor, as defined in § 708 of this title, admission to or permission to remain on the premises after 9:
00 p.m. (official Eastern time) unless accompanied by a parent or by a legal guardian.
38 Del. Laws, c. 18, §  17;  Code 1935, §  6146;  4 Del. C. 1953, §  512;  55 Del. Laws, c. 283, §  1;  56 Del. Laws, c. 335, §  3;  57 Del. Laws, c. 189;  57 Del. Laws, c. 447;  58 Del. Laws, c. 199;  59 Del. Laws, c. 107, §  17A;  59 Del. Laws, c. 590, §§  2, 4;  60 Del. Laws, c. 466, §§  3, 9;  64 Del. Laws, c. 434, §§  1, 2;  67 Del. Laws, c. 109, §§  8-10;  69 Del. Laws, c. 6, §  2;  71 Del. Laws, c. 42, §  1;  71 Del. Laws, c. 182, §  1;  71 Del. Laws, c. 210, §  2;  71 Del. Laws, c. 472, §  1;  72 Del. Laws, c. 486, §  9;  73 Del. Laws, c. 244, §§  2-6;  73 Del. Laws, c. 393, §  2;  75 Del. Laws, c. 246, §  1;  78 Del. Laws, c. 220, §  2;  79 Del. Laws, c. 308, §  2;  80 Del. Laws, c. 109, §  2;  81 Del. Laws, c. 69, § 2;  81 Del. Laws, c. 254, § 1;  82 Del. Laws, c. 4, § 2;  82 Del. Laws, c. 99, § 3;  82 Del. Laws, c. 117, § 1;  82 Del. Laws, c. 141, § 1;  82 Del. Laws, c. 247, §§   2, 5;  82 Del. Laws, c. 279, § 1;  83 Del. Laws, c. 9, § 2;  83 Del. Laws, c. 9, § 5;  83 Del. Laws, c. 284, § 1;  83 Del. Laws, c. 523, § 1;