FAQ

This list of Frequently Asked Questions is updated to reflect the most current needs of consumers and the alcoholic beverage industry, and changes to Delaware law and regulations.

Does Delaware license mobile bars?

The OABCC does not license mobile establishments that sell alcohol. There is no provision in the Delaware Liquor Control Act for a mobile bar, bar trailer or other portable alcohol sales business.

Mobile bar operators or companies that rent mobile bars are free to offer bartending services at private events on private property, at licensed Bottle Clubs, and at licensed nonprofit gatherings. A mobile bar may come stocked with items such as glassware, ice, and non-alcoholic beverages. A mobile bar is not permitted to be pre-stocked with alcoholic beverages or to offer alcoholic beverages for sale. All alcoholic beverages used by the mobile bar must be purchased and procured separately by the host of the private event or the licensed nonprofit gathering.

Can I order wine, beer or spirits and have it shipped to my home in Delaware?

Delaware law does not allow direct-to-consumer sales by alcohol manufacturers such as wineries, breweries, and distilleries. A Delaware resident cannot order alcohol and have it delivered to their home. This prohibition applies to new orders, re-orders, subscription orders such as wine clubs, and orders placed at the point of sale. A Delaware resident who legally purchases alcohol from a manufacturer at the premises may transport the alcohol home themselves or arrange for shipment personally.

A winery or brewery outside of Delaware may apply for and receive a Direct Shipper license from the OABCC, which allows them to accept orders from Delaware residents and ship wine or beer to a licensed Delaware wholesaler for customer pick-up at a licensed retail store. Contact the OABCC for more details on Direct Shipper licenses.

Can I sell my Delaware liquor license?

If you own a licensed business in Delaware and wish to sell the business, the liquor license may be transferred to the new owner only upon application and approval by the OABCC. You cannot transfer your liquor license to someone for them to use at a different location.

Can I obtain a license to sell alcohol at a special event like a concert, festival, party or other event?

Delaware law does not provide a short-term liquor license for special events that are not hosted at licensed establishments or by nonprofit organizations.

Venues wishing to host private social events where alcohol is served must obtain a Bottle Club license or use a licensed caterer to provide food and alcohol.

A Temporary Large Event license may be granted to the organizer of an event that meets certain standards, working in agreement with a licensed establishment. Contact OABCC for more information.

Can a nonprofit organization obtain a liquor license?

An IRS-designated nonprofit, tax exempt organization may obtain a gathering license, either for a single day event or biennially, if it meets certain criteria. Please see the FAQs below for more information on gathering licenses.

Can I obtain a list of liquor license holders in Delaware?

This information can be provided through a Freedom of Information Act (FOIA) request.

How do I change or recover my password for the OABCC online portal?

Email OABCCquestions@delaware.gov with your license number and/or name of your business and request for a password reset email.

How do I update my contact information?

Please notify OABCC if your email address or phone number has changed so you continue to receive timely communication about your license, including renewals. Email OABCCquestions@delaware.gov with your license number and/or name of your business.

What are the basic requirements to apply for a liquor license in Delaware?

A liquor license requires that an application and supporting documents be submitted to the OABCC. The documents include: official criminal background checks; driving records; information about the owners of the business; corporate documents including an operating agreement and certificate of formation; a lease or deed for the property permitting the sale and service of alcohol; proof of financial responsibility; and local government approval. OABCC supplies a checklist for each type of license application.

How do I apply for a liquor license?

The OABCC accepts certain types of applications online and others by email at OABCCapplications@delaware.gov . Application information and instructions can be found here. Unless permitted by OABCC for good cause, application materials must be submitted electronically.

Can I apply in-person or drop off materials at the OABCC office?

OABCC does not accept in person filings. Under exceptional circumstances and with permission first, an applicant or existing licensee may submit paperwork by regular mail instead of online or by email.

I have questions about the application forms and requirements. May I contact the OABCC before I submit anything?

Email OABCCquestions@delaware.gov or call 302-577-5222.

Do I need to hire a lawyer to complete and submit my application?

Applications can be completed without a lawyer. If you choose to hire a lawyer, the Delaware State Bar Association maintains a referral tool that can help you find an attorney if you wish.

How long does it typically take for the OABCC to review and approve an application for a liquor license?

Application review is usually conducted within 30 days from receipt to determine if additional information or documents are required. Once the application and all supporting documents have been received, the application is reviewed on its merits, which typically takes 30 days.

How is local government involved in a liquor license application?

The Liquor Control Act states the Commissioner shall not grant an application without a certificate of compliance from the appropriate political subdivision (county, city or town) that the premises is zoned for its intended use.

Once I am approved for a liquor license, how do I purchase the required safety decals?

Contact OABCC at 302-577-5222 or pay online and they will be mailed to you.

Can I have some assurance that my liquor license will be issued before construction of the premises to be licensed is begun or completed?

If an applicant submits a completed application and all supporting documentation required, OABCC will review it, and may approve a license application before construction of the proposed licensed premise is completed, but no actual license will be issued until the premises is inspected.

When is “Last Call” in Delaware?

No more than one alcoholic beverage may be served to a person less than 15 minutes prior to the posted closing time of an establishment.

What are the legal hours for selling and serving alcohol in Delaware?

Establishments licensed for on-premises sales, such as restaurants, brewpubs, taverns and taprooms, may sell and serve alcohol between the hours of 8 a.m. and 1 a.m. every day (provided the establishment holds a Sunday license.) By 1:30 a.m., all alcoholic beverages must be placed in adequate storage areas out of reach of patrons. No one other than an employee is permitted to remain in a tavern or taproom after 2 a.m.

Establishments licensed for off-premises sales, such as package stores, may sell alcohol between the hours of 9 a.m. and 1 a.m. Monday-Saturday and 10 a.m. and 8 p.m. Sunday. From October through December, off-premises establishments are permitted to sell alcohol beginning at 8 a.m. on Fridays and Saturdays. No one other than an employee is permitted to remain in a package store after 1 a.m.

Package stores and craft distilleries must remain closed on Thanksgiving, Christmas and Easter.

Can I give alcohol away for free at my licensed business?

Yes, under limited circumstances.

If a restaurant wishes to compensate a customer for inferior service, the restaurant licensee may provide free alcoholic beverages to the customer.
If a package store with a tasting permit approved by the Commissioner wishes to provide samples of its products to customers, the licensee is permitted to pour one ounce per person of beer/wine and one-half (Â½) ounce per person of spirits for the customer to sample on the premises.
All licensees with a retail license, both on and off premise, may donate alcoholic beverages to a nonprofit organization that has received a gathering license from the Commissioner.

Can I let people bring their own alcohol into my business or to my venue? Can I provide alcohol to my customers or clients without a liquor license?

No, this is not allowed under most circumstances.

An establishment operated for profit may not allow people to bring alcohol onto its premises for consumption without first obtaining a Bottle Club license. This includes venues for weddings, parties and events.
A premises operated for profit, such as a shop or salon/barbershop, may provide free alcoholic beverages to persons over age 21 so long as it is free to everyone who enters, and there is no obligation to purchase goods or obtain services.

How old must a person (server, waiter, waitress, bartender, hostess) be in order to serve or accept payment for alcoholic liquors, including alcohol to-go orders?

Ages vary depending on the license.

Licensed clubs with dining facilities, hotels, racetracks, and restaurants are permitted to hire individuals age 14 and older, but employees under 18 may not prepare or serve alcoholic liquors.
Catering businesses and bowling alleys are permitted to hire employees age 16 and older, but employees under 18 may not prepare or serve alcoholic liquors.
Employees of a licensed on-premise establishment age 18 and older may receive orders for and serve alcoholic liquors.
Employees under age 21 shall not work in any capacity behind a counter of a licensed establishment at which alcoholic liquors are located and shall not mix alcoholic drinks or draw beer from its dispenser.

Can I hold an auction, raffle or silent auction where the prize is alcohol?

No, only the holder of a nonprofit gathering license or a wine auction license may auction alcoholic liquors.

What types of retail liquor licenses are available in Delaware?

An applicant may apply for a package store, hotel, brewpub, microbrewery, craft distillery, farm winery, beer garden, motel, taproom, tavern, restaurant, wine auction, motorsports speedway, concert hall, horse racetrack, multi-purpose sports facility, club or multiple activity club, or temporary large event license.

The OABCC does not license mobile establishments that sell alcohol. There is no provision in the Delaware Liquor Control Act for a mobile bar, bar trailer or other portable alcohol sales business.

Does an on-premises licensee have to provide food for sale during all times that it offers alcohol for sale?

A restaurant must provide complete meals for sale at all times that it offers alcohol for sale. This includes hotels and brewpubs, which must include a restaurant as part of their licensed premises.

May a person who holds a restaurant license enter into a concessions contract with another entity to provide food service?

A licensee may enter into an interim management agreement for the sale and service of food and beverages, including alcohol, which must first be approved by this office, but a restaurant licensee may not assign its obligation to provide complete meals to another entity.

Is there a distance requirement for certain types of on-premises establishments?

A new taproom, tavern or beer garden must certify that there are no existing taprooms, taverns or beer gardens within 1200 ft. by accessible public road in any incorporated city/town, or within 0.9 miles by accessible public road or street in any unincorporated or rural area.

The distance is measured in driving distance, checking both ways, between the existing and proposed package store along public roadways.

This does not apply to transfer of ownership of existing taprooms, taverns or beer gardens, or an existing licensee wishing to relocate within 500 feet, or within an existing shopping mall.

What organizations are eligible for a club license, and are clubs restricted to on-premises sale and consumption of alcohol?

A club license is available to an entity which occupies a fixed premises and is operated for national, social, patriotic, or political purposes, whether or not for pecuniary gain, and the premises is for the use of the members of the club and their guests.

A public golf course is also considered a club and members of the public utilizing the course are considered guests of the club.

A club may sell alcohol to-go so long as it complies with the rules for to-go sales.

Where may alcoholic liquors be stored when there is no room on the licensed premises?

Storage of alcoholic beverages off the licensed premises requires permission from this office. Please contact OABCC to request a temporary extension of premises for this purpose.

Am I required to post my liquor license?

A liquor license must be posted in a conspicuous place at the establishment.

I own multiple restaurants; if I run out of product at one location, can I transport it from another location I own?

A retail licensee, such as a restaurant, may not transport product between commonly owned businesses, unless the licensee is also a manufacturer of the product.

I want to purchase local craft liquors; can I buy them directly from the manufacturer and transport them to my establishment?

Transporting beverages from one manufacturer to another in Delaware, without using a distributor, is not permitted in Delaware.

A licensed retailer is not allowed to purchase alcohol directly from a licensed manufacturer, but a licensed on-premises retailer is allowed to purchase up to 20 gallons of alcohol per day from a licensed off-premises retailer for resale.

How do I apply for a temporary extension of premise?

A temporary extension of premises permits a licensed establishment to extend its licensed premises, for example, to an adjacent outdoor area for a special event. Application materials and instructions are available here.

What is the difference between a temporary extension of premises and an expansion of outdoor seating for serving food and drinks?

An expansion of outdoor seating for serving food and drinks permits a restaurant, with approval from the appropriate political subdivision, to serve food and drinks on a sidewalk, parking lot or surrounding grounds adjacent to the licensed premises. This outdoor dining area is not considered a temporary extension, and it is separate from a patio. A patio requires a separate license and permits variances for speakers and live entertainment if approved by this office.

I want to have an outdoor patio at my establishment. What is required?

An outdoor patio is a permitted alteration to an existing licensed premises.
It may also be a part of an application for a liquor license for a new establishment.
An application is required, it must be noticed to the public, and must be approved before alcohol may be served or consumed on a patio. Instructions are available here.

Can I have games, music, or a bar on the outdoor patio?

The law requires an application to request live entertainment, external speakers or amplifiers, paging systems, or a bar on a licensed patio. These categories of entertainment are called patio variances.
Patio variance requests can be part of a new application for liquor license or as a request for alteration to an existing license. It must be noticed to the public, and be filed with the Office. The application and instructions are available here.
Patio variances include:
- Live entertainment includes games provided for customer enjoyment, and performances (musical or otherwise) that do not use a speaker or an amplifier. Examples include, but are not limited to:
  - Entertainment and performances that do not use an amplifier or speaker.
  - Corn hole, ping pong, Jenga towers, and other games.
- Speakers and/or amplifiers (devices that change electrical signals into sounds to amplify that sound), whether attached to the licensee’s wall or used as part of a performance, mean:
  - Devices used to play pre-recorded background or ambient music.
  - Devices and equipment typically used by musicians and performers to amplify sound.
- A paging system is a system that allows for one-way communication to an audience, utilizing a speaker, and is typically used to announce table reservations at a restaurant.
- A wet bar is any point of service for the sale and delivery of alcoholic beverages and is not limited to a bar with plumbing.

How many package stores can one person own?

One person may have ownership interest, either directly or indirectly, no matter how small, in two package stores. Interest in a licensed package store extends to all members/owners/officers/shareholders of any corporation or association that owns the store, their spouses and children under 21, and anyone with authority to manage, control or direct operations of the package store.

A landlord of a package store licensee is not considered to have ownership interest in the license.

Is there a distance requirement between existing package stores and new package stores?

A new package store applicant must certify that there are no existing package stores within 1/2 mile by accessible public road in any incorporated city/town, or within 3 miles by accessible public road or street in any unincorporated or rural area.

The distance is measured in driving distance, checking both ways, between the existing and proposed package store along public roadways.

This does not apply to transfer of ownership of existing package stores, or an existing licensee wishing to relocate within 500 feet, or within an existing shopping mall.

Where may alcoholic liquors be stored when there is no room for them on the licensed premises?

Licensees may contact OABCC for a temporary extension of premises for temporary storage needs.

How many days can my package store be closed before I need to provide notice to the OABCC?

Whenever a package store licensee intends to be closed for more than 14 consecutive days, or close on specific days which taken together amount to 14 days in one year, the licensee must provide notice to the OABCC, which includes the dates of closure and the reasons for closure. The notice must be filed at least 20 days before the store will close.

Notice of closure must also be published in 2 newspapers of general circulation, provided to package stores within one mile, and posted at the store itself. If 10 neighbors file a protest with the Commissioner, a hearing may be held.

How do I offer tastings at my package store?

A licensee must apply for a tasting permit to offer tastings to customers of products for sale in the store. This can be done when applying for a package store license, or after the store is in operation. The application must include a letter of request and a floor plan showing the location of the tasting area, which must be sufficiently separated from the point of sale.

How do I offer growler filling at my package store?

A licensee must apply for a growler filler permit. A growler filler permit allows a licensee to purchase beer by the keg or partial keg and fill containers at time of purchase which will then be capped to leave the licensed premises for consumption off of the premises. This can be done when applying for a package store license, or after the store is in operation. The application must include a letter of request and a floor plan showing the location of the growler filling area.

What if I lose or misplace my license?

If your license is lost, please contact OABCC immediately for issuance of a duplicate license. All licenses must be conspicuously posted at the licensed establishment at all times.

Can OABCC deny the renewal of an existing license?

Yes, for good cause, including violation of the Liquor Control Act.

When must licenses be renewed?

Every two years, based upon the schedule provided in Commissioner Rule 701. All licenses must be renewed or will be cancelled.

I forgot to renew my liquor license. How long after the expiration date do I have to make payment?

Payment must be received in a timely manner to avoid a penalty and possible cancellation of a license. Contact OABCC immediately if you have missed your renewal deadline.

How do I renew my license online?

Use the OABCC portal to pay online. MasterCard, Visa and Discover are accepted.

Will I receive a confirmation of my payment?

If you enter your email address into the â€œReceipt Information: Email Addressâ€ field when processing your payment, you will receive an emailed receipt.

Can licensees pay for license renewal or renew in-person?

All licenses should be renewed and paid online, except in exceptional circumstances.

Can I renew for less than two years if I plan to close permanently within the licensing period?

The renewal of a license will be for two years, but a pro-rated refund may be obtained if the license is transferred or cancelled before expiration of the license.

My business is closing and I need to surrender my license and dispose of inventory. What do I do?

Please contact OABCC to initiate the process to surrender a license. Alcohol inventory can be removed for personal consumption, but not for resale, or it can be sold back to the distributor.

Is a surrender inspection required?

An OABCC inspection is required to complete the surrender of a license, to ensure that all alcohol has been removed from the premises.

What steps are required for the transfer of an alcoholic liquor license?

An application to transfer an existing license uses the same forms as an application for a new license. Application forms are available here.

Can a license be transferred from one person to another person without making an application to OABCC?

No liquor license may be transferred without an application and approval from the Commissioner.

Does the filing of the application for transfer accomplish the transfer of the license?

An application for transfer of a liquor license must be reviewed and approved by the Commissioner before it can be transferred.

How long does it normally take for the transfer of a license?

Pending transfer of the license, may the intended transferee operate the licensed business?

If an intended transferee and the current license holder submit a signed Interim Management Agreement to the Commissioner, the Commissioner will review it and may authorize the transferee to operate the business while the transfer application is pending. However, the interim manager is not permitted to share directly in the proceeds of the sale of alcohol.

When the lease on the licensed premises is terminated and the premises must be vacated, what happens to the liquor license?

The liquor license must be surrendered if the business will shut down, or transferred to a new, authorized location if the business will continue. If the business will move to a new location, the licensee must submit documentation of the move to OABCC to have the new location approved prior to moving the business.

If an owner of a licensed establishment dies or is incapacitated, who is allowed to run the business and how may ownership be transferred to someone else?

No one other than those persons on file with the OABCC as owners of a licensed business may operate that business, even in the event of an owner’s death or incapacity. Contact the OABCC as soon as possible to maintain the proper chain of ownership.

In the event of death or incompetency of an owner, other owners on the liquor license may continue to operate the business. Please submit the following information to OABCC: Notice of death or incapacity of the owner and a request to have the person removed from the liquor license.

If the person’s ownership is passing to someone else, that person will need to apply to be added to the liquor license. This requires a copy of the deceased owner’s will as well as personal documents and information about the new owner, including criminal background checks, driving record, financial statements for the new member, server training cards, and a revised operating agreement of the licensed business reflecting new ownership. There is an application fee of $1,000.

How long can the licensed premises be closed before the licensee must surrender possession of the license?

A package store can be closed for 13 days or less without notifying the Commissioner and the community. Other licensed premises may be closed without notice to the Commissioner or surrendering the license.

What kinds of establishments can participate in to-go sales of alcohol?

Restaurants, taprooms, taverns, clubs, and other businesses with a valid on-premises licenses may sell alcohol in to-go containers that are securely closed, using lids without holes/openings for straws, sealed with tape.

What are the requirements for selling alcohol to-go?

To-go alcohol purchases are limited to no more than one bottle of wine (750 ml), six servings of beer, and mixed cocktails prepared by the establishment. This does not include canned cocktails in factory packaging.

Alcohol to-go must be sold in a container sealed by the manufacturer or in a container that is securely closed.

“Securely closed” means a container with a tamper-evident lid or cap, sealed or secured with tape, that is designed to prevent consumption without removal of the lid or cap. The container must include a label in a conspicuous place legibly indicating: 1) the name of the licensee; and 2) the words “CONTAINS ALCOHOL.” A container securely closed must not include a lid with sipping holes or openings for straws and must not be made of paper or polystyrene foam.

May alcohol leave the premises after being opened or partly consumed?

Customers of an on-premises licensee who purchase a bottle of wine or spirits for consumption on the premises may cap the unfinished bottle and take it with them. Customers may not take open containers of alcohol that cannot be resealed in their original containers.

Does a restaurant have to sell food with to-go alcohol?

A restaurant must sell a minimum of $10 worth of food to-go to accompany any order of alcohol to-go. Food consumed on the premises does not qualify.

Do I need to notify the OABCC of my intent to sell alcohol to-go or post a sign?

Notification of the OABCC is not required and no sign is required to be posted.

What is a gathering?

A gathering is defined as a banquet, picnic, bazaar, fair or similar private or public event organized and hosted by a nonprofit organization for its benefit, where alcohol is served or sold by the nonprofit, including events where alcohol is included in the price of a ticket. Any and all proceeds from the sale of alcohol at a gathering must go to the nonprofit organization.

Private social events, such as weddings, receptions, showers, birthdays, wakes, anniversaries, parties and other celebrations or special occasions are not considered gatherings.

Who can obtain a gathering license?

Only an IRS-registered nonprofit, tax-exempt organization with a charitable purpose and mission is eligible to apply for and obtain a gathering license. Proof of nonprofit status is required, along with a current copy of the organization’s IRS Form 990.

Not all types of nonprofit organizations are eligible for gathering licenses. For example, a homeowners association or social club may have nonprofit status, but contributions to the organization are not tax-exempt nor is it organized for a charitable purpose.

What types of gathering licenses are available?

A single gathering license permits a single event, which could last more than one day, or a small series of events on separate days.

A biennial gathering license is good for two years and permits multiple events hosted by a nonprofit at the same location. A biennial gathering license can be limited to a certain number of events during that two-year period, or an organization may apply for an unlimited number of events.

What does a gathering license allow my nonprofit organization to do at our event?

A gathering license allows for alcohol to be sold and consumed at the event. It also allows the nonprofit organization to sell by raffle or auction up to 10 gallons of alcohol per day for off-premises consumption.

A gathering license allows a nonprofit to purchase alcohol from licensed retailers or wholesalers for the event for any agreed-upon price. The retailer or wholesaler may even donate alcohol for the event at no cost. Unopened containers of alcohol may be returned and refunds issued within 30 days of the event.

What are the requirements of a gathering license application?

A gathering license application must include proof of IRS nonprofit status, a recent IRS Form 990, a floorplan of the event, and permission from the owner or person in charge of the property where the event will take place.

The fees for gathering licenses can be found here.

As the holder of a gathering license, what are my responsibilities at the event?

You are responsible for making sure all provisions of the Delaware Liquor Control Act are followed at the event, including that no alcohol is sold or served to anyone under 21 or anyone who appears to be intoxicated. It is highly recommended that members of the nonprofit be in attendance at all times to ensure the rules are followed.

You may not serve alcohol at your gathering before 9 a.m. or after 1 a.m.

What if my organization is a nonprofit, but not a charitable organization where contributions are tax deductible?

This type of organization, even if it has been granted nonprofit status, is not eligible to obtain a gathering license. For example, a homeowners association or social club may have nonprofit status, but contributions to the organization are not tax-exempt nor is it organized for a charitable purpose.

Can I have a raffle, live auction, or silent auction of alcohol to be consumed off the premises of the gathering?

Yes, a nonprofit organization may raffle or auction up to 10 gallons of alcohol at a gathering for off-premises consumption.

How does the holder of a gathering license obtain the alcoholic liquors for the event?

Who enforces liquor laws in Delaware?

The Delaware Division of Alcohol and Tobacco Enforcement (DATE) is responsible for conducting investigations and issuing citations to licensees for alleged violations of the Delaware Liquor Control Act. DATE is a separate office from the OABCC and its agents are sworn law enforcement officers.

DATE agents do not work for the OABCC and do not report to the Commissioner.

I received a call or a visit from an agent, how can I make sure I’m following all the rules?

The OABCC team is happy to talk with current licensees about compliance with the law and Commissioner’s Rules. However, OABCC cannot discuss a pending or potential violation or become involved in a DATE investigation.

The OABCC team cannot provide legal advice of any kind.

I have reason to believe someone is violating the Delaware Liquor Control Act or is selling alcohol illegally in Delaware, who should I call?

Please contact the Delaware Division of Alcohol and Tobacco Enforcement (DATE) at 302-741-2721.

I received a letter with a Voluntary Assessment Agreement. Who can I call if I have questions about it?

Please contact the Delaware Division of Alcohol and Tobacco Enforcement (DATE) at 302-741-2721.

What is Alcohol Server Training and how can I obtain an alcohol server training certificate?

Delaware requires anyone who sells or serves alcohol to complete an approved server training course. For more information, click here.

Can I get re-certified once my training has expired?

Retaking the server training course is required for renewal.

I lost my card/certificate. How can I get a new one?

Contact the organization through which you obtained your server training certificate to request a replacement of a lost or stolen certificate. For more information, click here.

Is there an Alcohol Server Training Study Guide?

For more information, click here.