2006 Delaware Code - Subchapter IV — Certificate of License, Term of License and Fees

§ 551. Issuance of certificate.

If the Commissioner grants the license and payment therefor has been made, a certificate to that effect shall be issued. The certificate shall set forth the name, the kind of license granted, the date of expiration of the license, and if a license to manufacture or to sell or to keep in stock, the place or places in which it is to be manufactured, sold or kept. (38 Del. Laws, c. 18, § 23; Code 1935, § 6152; 4 Del. C. 1953, § 551; 59 Del. Laws, c. 107, § 40; 72 Del. Laws, c. 486, § 9.)

§ 552. Term and expiration date of licenses.

All licenses issued under this title shall be valid for a period of 2 years, unless it is specifically stated in this title or by the Commissioner to be for a shorter period of time, or unless the license shall be cancelled, revoked or suspended by the Commissioner, or unless the license shall be surrendered by the licensee, or unless the license shall expire. The Commissioner shall determine the precise dates of the validity of a license issued under this title. A license issued by the Commissioner, which is not a renewal of a former license, within 3 months of the date the license would have to be renewed under the rules of the Commissioner may be made to terminate by the Commissioner 2 years after the first applicable biennial expiration date. (38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1953, § 552; 57 Del. Laws, c. 404, § 3; 67 Del. Laws, c. 273, §§ 1, 26; 72 Del. Laws, c. 486, § 9.)

§ 553. Rate of payment for license issued for other than 2 years.

A license issued for a time other than 2 years shall be paid for when issued at the rate of one twenty-fourth of the biennial fee for each month of the term. (38 Del. Laws, c. 18, § 25; Code 1935, § 6154; 4 Del. C. 1953, § 553; 67 Del. Laws, c. 273, §§ 2, 3.)

§ 554. License fees.

(a) For a license to sell alcoholic liquor in the dining room of a hotel or restaurant or in the bedroom of a traveller in a hotel, the license fee shall be $500.

(b) For a license to sell alcoholic liquor during meals only in the dining room of a boat the license fee shall be $500; but if the holder of a license is in addition authorized to sell between meals, the license fee shall be $800.

(c) For a license to sell alcoholic liquor in the passenger cars of a railroad the license fee shall be $300 for each railroad.

(d) For a license to purchase, receive and keep spirits, wine or beer, and to sell such spirits, wine or beer in a club, or multiple activity club, to members of that club or multiple activity club, the license fee shall be $200 if the club has an active membership in good standing of less than 400 members; or $400 if the club has an active membership in good standing of 400 or more members.

(e) For a license to sell beer only in the dining room of a hotel, restaurant or boat or in the bedroom of a traveller in a hotel, the license fee shall be $500.

(f) For a license to sell beer only in a tavern the license fee shall be $250.

(g) For a license to sell alcoholic liquors in a taproom, the license fee shall be $500.

(h) For a license to sell alcoholic liquor from a hotel, restaurant or store, not for consumption on the premises, the license fee shall be $500.

(i) For a license to sell alcoholic liquors at gatherings of persons, the license fee shall be as follows:

(1) For a group type gathering license, the license fee shall be $5 for each such license granted, unless the said license shall be for a period of more than 2 days in which case the license fee shall be $5 plus the additional sum of $2 for each such additional day or unless the said license shall be for any holiday specified in § 709(e) of this title, in which case the license fee shall be an additional $5 for each such holiday.

(2) For a biennial premises type gathering license for a facility in which not more than 25 gatherings of persons at which alcoholic liquors are to be sold are to be held, the fee shall be $200. For a biennial premises type gathering license for a facility in which more than 25 but not more than 75 such gatherings of persons are to be held, the fee shall be $400. For a biennial premises type gathering license for a facility in which more than 75 such gatherings of persons are to be held, the fee shall be $1,000. For the holder of a biennial premises type gathering license to sell alcoholic liquor on any holiday specified in § 709(e) of this title, the fee shall be an additional $400.

(j) For a biennial license to "manufacture" and to "sell" beer and cider, the license fee shall be based upon annual production and shall be computed as follows: $1,000 for a brewery or microbrewery manufacturing not more than 25,000 barrels of beer and cider per year; $2,000 for a brewery manufacturing more than 25,000 but not more than 50,000 barrels of beer and cider per year; $4,000 for a brewery manufacturing more than 50,000 but not more than 100,000 barrels of beer and cider per year; and $6,000 for a brewery manufacturing more than 100,000 barrels of beer and cider per year.

(k) For a license to operate a distillery for distillation or rectification, the license fee shall be based upon annual production and shall be computed as follows: For the first 500 gallons, $50; for the next 5,000 gallons, or fraction thereof, at the rate of 4 cents per gallon; for the next 10,000 gallons, or fraction thereof, at the rate of 3 cents per gallon; for the next 50,000 gallons, or fraction thereof, at the rate of 2 cents per gallon; for the next 100,000 gallons, or fraction thereof, at the rate of 1 cent per gallon; for each gallon in excess of 165,500 gallons, at the rate of one-half cent per gallon. All fees under this subsection shall be paid biennially.

(l) For a license to bottle beer the license fee shall be $50 for the first 500 barrels or less, and $50 for each additional 500 barrels, or fraction, bottled.

(m) For a license to operate a winery or to bottle and sell wine, the license fee shall be $200.

(n) For a license to import or to ship alcoholic liquor, other than beer and wine, into this State and to sell and deliver such alcoholic liquor as provided in this chapter the license fee shall be $5,000; but a sale and delivery of alcoholic liquor to pharmacists, physicians, dentists, veterinarians, wholesale druggists, manufacturing plants where the alcohol is used in scientific work, or for the manufacture of pharmaceutical products shall not be subject to the license fee of $5,000.

(o) For a license to import or to ship beer into this State and to sell and deliver such beer the license fee shall be $1,500, and for a license to import or to ship unlimited amounts of wine into this State and to sell and deliver such wine the license fee shall be $1,500. A license for a limited wine importer, an importer that imports, sells and delivers less than 1000 cases of wine per year, shall be $100. A limited wine importer need not pay the application fee required by subsection (x) of this section.

(p) For a license to transport alcoholic liquor into this State when consigned to the Commissioner for delivery to a hotel, restaurant or individual who holds a license to purchase alcoholic liquor for stock, the license fee shall be a percentage of the value of such alcoholic liquor, to be fixed by the Commissioner.

(q) For a license to transport a stock of alcoholic liquor from the place where sale or storage of such stock has been authorized to another location, the license fee shall be fixed by the Commissioner.

(r) For a license to purchase sacramental wine, no license fee shall be charged.

(s) For a temporary license, the license fee shall be not less than half nor more than double the amount of the license fee for a regular license for the same privilege, in the discretion of the Commissioner.

(t) For a license to sell beer only at a horse racetrack, $1,000.

(u) For a license to sell wine and spirits at a horse track meeting the fee shall be $500.

(v) For license to sell alcoholic liquors as a ship's chandler the fee shall be $500.

(w) For a license for a multiple activity club to purchase and sell spirits, wine or beer to any person who is a guest of such club or a guest of a member of such club, the license fee shall be $900.

(x) Application process fee. -- If any application for a license under this title requires any investigation by the staff and a hearing by the Commissioner before the Commissioner reaches a decision on the application, the applicant shall pay an application process fee of $500 in addition to any other fees required by this title or the rules of the Commissioner. The application process fee is not refundable regardless of the decision of the Commissioner. This provision for an application process fee does not apply to a gathering of persons under § 514 of this title. This provision for an application process fee shall not apply to applications for change of officers, directors or stockholders of a corporate licensee if there is no change in the majority of stockholders or majority of directors. Three hundred dollars of the application process fee shall be retained by the Commissioner and deposited in a special fund for the sole purpose of providing for the implementation, administration and enforcement of the Delaware Responsible Alcoholic Beverage Server Training Program established pursuant to Chapter 12 of this title.

(y) For a license to sell alcoholic liquor in a dinner theater, the fee shall be $500.

(z) For a license to sell alcoholic liquors as a caterer, the license fee shall be $500.

(aa) For a license as a "bottle club" authorized by § 515A of this title, the fee shall be $150.

(bb) For a license to sell alcoholic liquors in a cabaret, the fee shall be $1,000.

(cc) For a license to sell wine only at a restaurant the fee shall be $500.

(dd) For a license to sell wine and/or beer only at a restaurant the fee shall be $500.

(ee) For a license to permit spirits, wine and beer tasting, the license fee shall be $100.

(ff) For a farm winery license, the biennial fee shall be $1,000.

(gg) For a brewery-pub license, the fee shall be $1,000.

(hh) For a license to sell beer only at a multi-purpose sports facility, the biennial fee shall be $1,000.

(ii) For a license to sell wine and spirits at a multi-purpose sports facility, the biennial fee shall be $1,000.

(jj) For the license defined in § 512(i) of this title, the fee shall be $500.

(kk) For a license to conduct wine auctions the biennial fee shall be $1,000. For a gathering license to conduct a wine auction by a nonprofit organization the fee shall be $50 per event.

(ll) For a license to sell beer at a motorsports speedway, the license fee shall be $1,000, and for a license to sell wine and spirits, the license fee shall be $500.

(mm) For a license to sell alcoholic liquor as an off-site caterer, the biennial license fee shall be $200, which entitles the licensee to cater up to 8 off-site catering events during the licensing period. The Commissioner shall charge a fee of $25 to an off-site caterer for each catering event in excess of 8 during the licensing period.

(nn) Each of the licensees identified in subsections (a)-(h), (t), (v), (w), (y), (z), (bb), (cc), (dd), (ff), (gg), (hh), and (ll) of this section, shall pay an additional annual fee of $100. The Commissioner shall deposit said funds into a special account designated as the "Overservice Investigation Fund." Said fund shall be utilized by the Division of Alcohol and Tobacco Enforcement to pay overtime to its agents and/or to hire and equip additional agents for the purpose of investigating and prosecuting licensees that serve intoxicated individuals. (38 Del. Laws, c. 18, § 30; 39 Del. Laws, c. 6; Code 1935, § 6159; 41 Del. Laws, c. 247, § 1; 41 Del. Laws, c. 248, §§ 1, 2; 42 Del. Laws, c. 191, § 4; 44 Del. Laws, c. 203, § 5; 4 Del. C. 1953, § 555; 49 Del. Laws, c. 341; 49 Del. Laws, c. 342, §§ 1-12; 50 Del. Laws, c. 424, §§ 1, 2; 54 Del. Laws, c. 377, § 3; 55 Del. Laws, c. 82, §§ 4, 5; 55 Del. Laws, c. 283, § 3; 55 Del. Laws, c. 416, §§ 1-3; 56 Del. Laws, c. 311, § 4; 56 Del. Laws, c. 335, §§ 6-8; 57 Del. Laws, c. 404, § 4; 57 Del. Laws, c. 448; 59 Del. Laws, c. 107, § 42; 60 Del. Laws, c. 466, §§ 4-6; 63 Del. Laws, c. 232, § 4; 64 Del. Laws, c. 436, § 1; 64 Del. Laws, c. 437, § 2; 65 Del. Laws, c. 152, § 1; 65 Del. Laws, c. 283, § 3; 67 Del. Laws, c. 109, § 16; 67 Del. Laws, c. 273, §§ 4-22; 68 Del. Laws, c. 107, § 2; 68 Del. Laws, c. 168, § 2; 68 Del. Laws, c. 205, § 2; 69 Del. Laws, c. 6, § 4; 70 Del. Laws, c. 353, § 3; 71 Del. Laws, c. 182, § 2; 71 Del. Laws, c. 211, § 4; 71 Del. Laws, c. 383, § 3; 72 Del. Laws, c. 486, § 9; 73 Del. Laws, c. 244, § 9; 73 Del. Laws, c. 393, § 3; 75 Del. Laws, c. 80, § 9; 75 Del. Laws, c. 253, §§ 1, 2.)