Statutes, codes, and regulations
Delaware Administrative Code
Title 4 - Alcoholic Beverage ControlDepartment of Safety and Homeland SecurityOffice of the Alcoholic Beverage Control CommissionerTrade Practices for Suppliers, Wholesales, and Retailers
(Formerly Rule Number 33) A Rule Defining And Regulating The Quantities Of Sales And Methods Of Deliveries Of Certain Off-premises Sales By Licensees
Section 910-2.0 - Sales of alcoholic beverages in transactions for take-out, curbside, or drive through service by on premise licensees

4 Del. Admin. Code § 910-2.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 910-2.0 - Sales of alcoholic beverages in transactions for take-out, curbside, or drive through service by on premise licensees
2.1 As used in this Rule:
2.1.1 "Mixed cocktail" means a beverage created by combining spirits, as that term is defined in Title 4, with other ingredients, which is made in the restaurant, brewpub, or taproom or other entity with a valid on-premise license that includes serving spirits.
2.1.2 "Container securely closed" means a container with a tamper-evident secured lid or cap that is designed to prevent consumption without removal of the lid or cap. The container shall include a label affixed to it, in a conspicuous place, legibly indicating:
1) the name of the licensee; and
2) the words "CONTAINS ALCOHOL." Container securely closed does not include a container with a lid with sipping holes or openings for straws or a container made of paper or polystyrene foam.
2.1.3 "Tamper evident" means a seal or tape that, if breached or missing, will indicate the lid or cap has been removed.
2.1.4 "Drive through service" means providing a take-out order to a customer who is not required to enter the premises to complete the sale, but it does not include providing a take-out order through a drive-through window pursuant to Section 4.0 of 4 DE Admin. Code 703.
2.2 A restaurant, brewpub, tavern, or taproom, or other entity with a valid on-premise license issued pursuant to chapter 5, subchapter II of Title 4 of the Delaware Code may sell alcoholic beverages for take-out, curbside or drive through service if the following requirements are met:
2.2.1 The containers are securely closed.
2.2.2 The order is limited to one 750 ML bottle of wine, 6 servings of beer, and/or mixed cocktails except that taverns shall not include mixed cocktails, sold in a container securely closed. The licensee shall not provide straws with the order.
2.2.3 The order is sold and served by an employee certified as a responsible alcoholic beverage server pursuant to 4 Del.C. § 1205.
2.2.4 If sold by a restaurant, be sold with the customer's purchase of food that costs at least $10.
2.2.5 Upon delivery, the employee shall verify the age and level of intoxication of the person to whom the wine, beer and/or mixed cocktails is being delivered, and if the employee is not able to safely verify a person's age or level of intoxication upon delivery, the employee shall cancel the sale of alcoholic beverages.

4 Del. Admin. Code § 910-2.0

Effective: February 1, 1960
26 DE Reg. 59 (7/1/2022) (Final)