Delaware may be one of the few American states to prohibit the sale of alcohol during statewide polls or national elections. It is also a state where you struggle to find a drinks offer as licensees cannot offer 2-4-1 drinks. The legal drinking age remains 21 yet, with mandatory server training, you can be 19 to serve alcohol but 21 to pour it and tend bar. Delaware also has liquor laws and regulations that relate to hours of service and what the legal level of intoxication is while driving.

In this guide, we will detail the liquor laws and regulations in Delaware. This will look at selling alcohol, buying alcohol, the hours of service, state fees, licensing requirements and distillery restrictions. We will also detail the general liquor laws and regulations in Delaware.

General Liquor Laws And Regulations In Delaware

There are some general liquor laws and regulations that you should be aware of in the state of Delaware. At the age of 19, an individual can serve alcohol as long as they have completed mandatory server training.

However, an individual has to be 21 to consume alcohol, as well as pour it and sell packaged liquor. It is also forbidden for minors to be allowed in bars or in stores with packaged liquor, though it is legal for a family member under 21 to drink alcohol in their private family home provided that the alcohol comes from a family member.

Selling Alcohol In Delaware

There are numerous penalties for licensees should they be found to have served or sold alcohol to a minor. For a first offense, a licensee can expect a fine of between $100 to $500, up to 30 days in prison, and/or 40 hours of community service.

Those penalties increase for a second offense and any after that, as you would expect. While there are associated costs for any offense, for a second offense, and a subsequent one after that, a fine between $500 to $1,000 is expected as is 80 hours of community service, and/or a prison sentence of 60 days.

Buying Alcohol In Delaware

As is the case across America, those aged under 21 cannot buy alcohol in Delaware. It is also illegal for an individual under that age to use false ID to purchase, or attempt to purchase, alcohol.

A conviction for that offense comes with a $500 fine or 30 days in prison. Furthermore, individuals under the age of 21 cannot enter an off-premise business that sells alcohol.

The Hours Of Service For Alcohol In Delaware

In on premise establishments, alcohol can be served from Monday through Sunday from 9am to 1am which is easy to remember. The opening hours are pretty similar for off-premise establishments or retail stores.

They can serve alcohol from Monday through Saturday from 9am to 1am too yet sales are prohibited during periods when statewide polls are open or during national elections. Alcohol can also be served on Mondays in off-premise establishments but only from noon to 8pm, governed by local ordinances.

On-premise establishments have to abide by Happy Hour and further service restrictions. As well as not being able to offer 2-4-1 drinks, alcoholic beverages cannot be sold below cost and are especially not given away for free.

However, a licensee can offer a combination of food and drink at a special agreed price.

State Fees

There is a range of biennial license fees that vary based on the type of establishment that is selling alcohol. For instance, to sell liquor in a restaurant, hotel, taproom, or on a boat, it is $1,000.

For a restaurant to sell just beer and wine only, it is $500, but to sell liquor in a store, hotel, taproom, or restaurant for off-premise consumption, the fee is $1,000.

The fee for license for the gathering of a group is $5 for each gathering unless the event lasts for more than two days. In that scenario, it is $5 plus $2 for each additional day unless it is a Sunday or Christmas, Thanksgiving or Easter, when it will be an additional $5.

Licensing Requirements/Distillery Restrictions

A license to produce then sell cider and beer costs $1,500 paid by a brewery or microbrewery should their annual output be less than 25,000 barrels of cider and beer. For between 25,000 and 50,000 barrels of cider and beer every year, a brewery has a fee of $3,000 to pay.

The fee is $6,000 with the production of between 50,000 and 100,000 barrels while it is $9,000 should the brewery or microbrewery produce over 100,000 barrels of cider and beer every year. The license fee for a winery is $1,500.

Final Thoughts

You may come across several individuals from Pennsylvania who have crossed the state border to buy their alcohol in Delaware. This is due to a state sales tax, known as the Jamestown Flood tax, which adds 18%.

The tax was initially introduced in 1936 as an effort to raise funds following the flood but has remained and, as Delaware does not have a state sales tax or an alcohol monopoly, a lot of Pennsylvanians will cross the border.

Frequently Asked Questions

What Is The Blood Alcohol Concentration Limit For Driving In Delaware?

For anyone under the age of 21, the blood alcohol concentration limit is 0.02%, for those over the age of 21 it is 0.08%. Anyone found driving above those limits will be committing a driving under the influence offense.

Even with a blood alcohol concentration level below 0.08%, police can still arrest individuals for being around an illegal, or legal, substance. The offense is also committed should a vehicle be driven erratically.

Why Can You Expect To See A Warning Sign For The Effects Of Alcohol On A Pregnant Woman In A Delaware Establishment?

Licensees are also required to put up a warning sign detailing the effects of alcohol on a fetus. This sign should be posted in a conspicuous location so that people can see it.

A violation in the placing of the warning sign can result in a fine totaling $100, and failure to pay it could result in a prison sentence of up to 30 days. The warning sign also has to include specific wording about why women should not consume alcohol during their pregnancy.