4 Del. Admin. Code § 1008-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1008-4.0 - Standards of Operation for Bottle Club

4.1 Hours of Operation

4.1.1 An establishment operated as a bottle club shall not permit the consumption of alcoholic beverages on its premises after 2 a.m. or before 8 a.m. on any day.

4.1.2 The presence of alcoholic liquors on the premises of a bottle club between the hours of 2 a.m. and 8 a.m. shall be prima facie evidence of a violation.

4.2 Service of General Public.

4.2.1 A bottle club may require membership upon payment of a reasonable fee, but approval of such membership shall not be unreasonably denied.

4.2.2 A club shall not charge an admission charge or fee, but may charge a cover or minimum during hours when live entertainment is actually being presented.

4.3 Service of Food

4.3.1 A reasonable selection of food shall be available from a written menu or menu board at all hours when alcoholic beverages are being consumed. The selection of foods shall include a choice of sandwiches, entrees, sides, and non-alcoholic beverages.

4.3.2 If alcoholic liquors will be provided by the customer and not a licensed off-site caterer, a bottle club licensed pursuant to 4 Del.C. § 515A(c)(2) shall submit for Commissioner approval at least 10 days prior to a wedding or other social gathering:

4.3.2.1 A signed contract with the customer renting the premises that shows the date and time of the event and the anticipated number of invited guests;

4.3.2.2 A signed contract with the entity providing adequate food for the social gathering, as determined by the Commissioner; and

4.3.2.3 A list of the alcoholic liquors to be provided by the customer that will be served during the gathering.

4.4 Service of Persons Under 21

4.4.1 Persons under 21 years of age may be admitted to the premises of a bottle club.

4.4.2 Persons under 21 years of age may not consume alcoholic beverages at any time, whether or not the bottle club licensee has provided bartending services pursuant to 4 DE Admin. Code 1008, subsection 4.5.2 of this regulation.

4.4.3 It shall be a rebuttable presumption that persons under 21 years of age found on the premises or departing therefrom who are found to have consumed alcoholic liquors, or are in possession of alcoholic liquors, consumed or possessed such alcoholic liquors on the licensed bottle club premises in violation of the Delaware Liquor Control Act.

4.5 Service of Alcoholic Liquors.

4.5.1 A bottle club may serve food, non-alcoholic beverages, mixers and ice and may charge for such service.

4.5.2 A bottle club renting its premises for weddings or other social gatherings pursuant to 4 Del.C. § 515A(c)(2) may provide bartending services and serve alcoholic liquors provided by the customer and may charge for such services.

4.5.2.1 Bartending services must be included in the materials submitted to the Commissioner for review and approval pursuant to 4 DE Admin. Code 1008, subsection 4.3.2 of this regulation.

4.5.2.2 The servers provided by the bottle club shall be certified as responsible alcoholic beverage servers pursuant to the Delaware Liquor Control Act. Only certified servers may provide bartending services which may also include bar area set-up and breakdown.

4.5.3 A bottle club may not keep alcoholic liquors for customers after the conclusion of the customer's use of the premises. Any alcoholic liquors remaining on the premises 2 hours after the conclusion of the event, or 1 hour after the customer has left the premises, shall be considered abandoned property and the bottle club licensee shall dispose of the alcoholic liquors immediately.

4.5.4 A bottle club licensee may permit a customer renting the premises pursuant to a contract approved by the Commissioner to bring alcoholic liquors onto the premises up to 36 hours prior to the event, provided the alcoholic liquors are stored in locked storage to which the customer and the licensee possess the only keys. The licensee's contract with the customer may designate a specific person, other than the customer, for this task. The licensee shall confirm the alcoholic liquors brought onto the premises are consistent with the list provided to the Commissioner pursuant to 4 DE Admin. Code 1008, subsection 4.3.2.3 of this regulation, and any quantity or type not approved by the Commissioner must be removed from the premises.

4.5.5 Only the customer renting the bottle club licensed premises, or the customer's designee identified in the contract with the licensee, may enter and leave the premises with alcoholic liquors. Guests of the customer renting the premises may not enter or leave the premises with alcoholic liquors.

4.6 Presence of Intoxicated Persons on Premises.

A bottle club shall not permit an intoxicated person to remain on its premises.

4.7 Design and Layout.

In a bottle club there shall be seating at tables for not less than 12 persons. Seats at a bar shall not exceed 1/3 of the dining seats of the establishment.

4 Del. Admin. Code § 1008-4.0

19 DE Reg. 775 (2/1/2016)
25 DE Reg. 960 (4/1/2022)
28 DE Reg. 321 (10/1/2024) (Final)