Delaware Code Title 4 Sec. 554 – License fees
(a) For a license to sell alcoholic liquor in a hotel or restaurant the biennial license fee shall be $1,000.
Terms Used In Delaware Code Title 4 Sec. 554
- Alcohol: means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. See Delaware Code Title 4 Sec. 101
- alcoholic liquors: include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered as belonging to that variety which usually has the higher percentage of alcohol. See Delaware Code Title 4 Sec. 101
- Beer: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume, obtained by the alcoholic fermentation of any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors. See Delaware Code Title 4 Sec. 101
- Bottle: means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids. See Delaware Code Title 4 Sec. 101
- Cabaret: means an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service or dinner, and where a minor, as defined in § 708 of this title, is to be denied admission to or permission to remain on premises after 9:00 p. See Delaware Code Title 4 Sec. 101
- Caterer: means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings such as weddings, dinners, benefits, banquets or other similar events for consideration on a regular basis and duly licensed by the State as caterers with at least 60% of its gross receipts resulting from the sale of food. See Delaware Code Title 4 Sec. 101
- Club: means a corporation or association created by competent authority, which is the owner, lessee or occupant of premises operated solely for objects of national, social, patriotic, political or athletic nature, or the like, whether or not for pecuniary gain, and the property as well as the advantages of which belong to or are enjoyed by the stockholders or by the members of such corporation or association. See Delaware Code Title 4 Sec. 101
- Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic Beverage Control Commissioner for the State. See Delaware Code Title 4 Sec. 101
- Concert hall: shall mean an indoor facility used to host live entertainment that is owned, leased, under easement, and/or operated by any person and that has capacity for at least 600 patrons for any single event. See Delaware Code Title 4 Sec. 101
- Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
- dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
- gathering: means a banquet, picnic, bazaar, fair or similar private gathering or similar public gathering where food or drink are sold, served or dispensed by nonprofit organizations such as churches, colleges and universities, volunteer fire companies, political parties or other similar nonprofit groups having a common civic, social, educational or religious purpose, or where entrance tickets are sold or entrance fees are required by those nonprofit organizations. See Delaware Code Title 4 Sec. 101
- Hotel: means any establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to travelers. See Delaware Code Title 4 Sec. 101
- Import: means the transporting or ordering or arranging for the transportation or shipment of alcoholic liquor into the State whether by a resident of the State or otherwise. See Delaware Code Title 4 Sec. 101
- Importer: means the person transporting or ordering, authorizing or arranging the transportation or shipment of alcoholic liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic liquors only to those persons licensed to resell alcoholic liquors; provided, however, that nothing contained in this definition shall be construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person's use and not for resale or to a full-time, bona fide employee of that business for that person's use and not for resale; and provided further, that nothing contained in this definition shall be construed as prohibiting an importer from selling beer in "half-barrel" or "quarter-barrel" containers to the holders of a personal license. See Delaware Code Title 4 Sec. 101
- License: means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess alcoholic liquor authorized or issued by the Commissioner under the provisions of Chapter 5 of this title. See Delaware Code Title 4 Sec. 101
- Manufacture: means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale. See Delaware Code Title 4 Sec. 101
- Motorsports speedway: shall mean a motorsports speedway (including any contiguous land when being used in connection with its events) that is owned, leased, under easement, and/or operated by any person and having a seating capacity of at least 5,000 seats. See Delaware Code Title 4 Sec. 101
- Movie theater: shall mean an indoor facility used to host showings of motion pictures and that has a capacity of at least 500 patrons for any single movie showing or for showing of multiple movies in separate theaters at the same time. See Delaware Code Title 4 Sec. 101
- Multi-purpose sports facility: shall mean a stadium, featuring sporting events where admission fees are charged to the public and having a seating capacity of at least 2,500 seats, and excludes stadia which are operated and maintained by educational institutions, including, but not limited to, high schools, colleges or universities. See Delaware Code Title 4 Sec. 101
- Multiple activity club: is a club as to which, in the determination of the Commissioner, the service of spirits, wine or beer is not the principal activity in the premises of the club as established by the following:
- Person: includes an individual, a partnership, a corporation, a club or any other association of individuals. See Delaware Code Title 4 Sec. 101
- Restaurant: means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating at tables for 12 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. See Delaware Code Title 4 Sec. 101
- Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
- Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
- Spirits: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume mixed with water and other substances in solution, and includes, among other things, brandy, rum, whiskey and gin. See Delaware Code Title 4 Sec. 101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Taproom: means an establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object. See Delaware Code Title 4 Sec. 101
- Tavern: means any establishment with special space and accommodation for sale of beer and wine as defined in this section to be sold to each customer in single servings. See Delaware Code Title 4 Sec. 101
- Temporary large event: means a public or private gathering of more than 1,000 people where food or drink are sold, served or dispensed and which requires an entrance ticket or entrance fee to attend, including but not limited to a: music festival; car show; auction; convention or rally. See Delaware Code Title 4 Sec. 101
- Wine: means any beverage containing more than 1/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition of alcohol or spirits as defined in this section. See Delaware Code Title 4 Sec. 101
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) For a license to sell alcoholic liquor on a boat the biennial license fee shall be $1,000.
(c) For a license to sell alcoholic liquor in the passenger cars of a railroad the biennial license fee shall be $600 for each railroad.
(d) For a license to sell alcoholic liquor in a club, to members of that club, the biennial license fee shall be $300 if the club has an active membership in good standing of less than 400 members; or $600 if the club has an active membership in good standing of 400 or more members.
(e) For a license to sell beer and/or wine only in a restaurant the biennial license fee shall be $500.
(f) For a license to sell beer only in a tavern the biennial license fee shall be $500.
(g) For a license to sell alcoholic liquors in a taproom the biennial license fee shall be $1,000.
(h) For a license to sell alcoholic liquor from a hotel, restaurant, taproom, or store, not for consumption on the premises, the biennial license fee shall be $1,000.
(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 $5.00 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 $5.00 plus the additional sum of $2.00 for each such additional day or unless the said license shall be for a Sunday, Thanksgiving, Christmas, or Easter, in which case the license fee shall be an additional $5.00 for each such day.
(2) Biennial license. — a. 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 biennial license fee shall be $200.
b. 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 biennial license fee shall be $400.
c. For a biennial premises type gathering license for a facility in which more than 75 such gatherings of persons are to be held, the biennial license fee shall be $1,000.
d. For the holder of a biennial premises type gathering license to sell alcoholic liquor on a Sunday, Thanksgiving, Christmas, or Easter, the biennial license fee shall be:
1. An additional $200 for a license issued pursuant to paragraph (i)(2)a. of this section;
2. An additional $300 for a license issued pursuant to paragraph (i)(2)b. of this section; and
3. An additional $400 for a license issued pursuant to paragraph (i)(2)c. of this section.
(j) For a license to “manufacture” and to “sell” beer and cider, the biennial license fee shall be based upon annual production and shall be computed as follows: $1,500 for a brewery or microbrewery manufacturing not more than 25,000 barrels of beer and cider per year; $3,000 for a microbrewery or brewery manufacturing more than 25,000 but not more than 50,000 barrels of beer and cider per year; $6,000 for a microbrewery or brewery manufacturing more than 50,000 but not more than 100,000 barrels of beer and cider per year; and $9,000 for a microbrewery or 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 biennial license fee shall be based upon annual production and shall be computed as follows: For the first 500 gallons, $100; for the next 5,000 gallons, or fraction thereof, at the rate of 6 cents per gallon; for the next 10,000 gallons, or fraction thereof, at the rate of 4.5 cents per gallon; for the next 50,000 gallons, or fraction thereof, at the rate of 3 cents per gallon; for the next 100,000 gallons, or fraction thereof, at the rate of 1.5 cents per gallon; for each gallon in excess of 165,500 gallons, at the rate of three quarters cent per gallon.
(l) For a license to bottle beer the biennial license fee shall be $100 for the first 500 barrels or less, and $100 for each additional 500 barrels, or fraction, bottled.
(m) For a license to operate a winery or to bottle and sell wine the biennial license fee shall be $1,500.
(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 biennial license fee shall be $7,500; 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.
(o) For a license to import or to ship beer into this State and to sell and deliver such beer the biennial license fee shall be $3,000; and for a license to import or to ship unlimited amounts of wine into this State and to sell and deliver such wine the biennial license fee shall be $3,000. A license for a limited wine importer, an importer that imports, sells and delivers less than 1000 cases of wine per year, shall be $200. A limited wine importer need not pay the application fee required by subsection (x) of this section.
(p) For a license to sell alcoholic liquor as an off-site caterer the biennial license fee shall be $500.
(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 1/2 nor more than double the amount of the annual license fee for a regular license for the same privilege, in the discretion of the Commissioner.
(t) For a license to sell alcoholic liquor at a horse racetrack the biennial license fee shall be $3,000.
(u) For a license to sell alcoholic liquor at a motorsports speedway the biennial license fee shall be $3,000.
(v) For license to sell alcoholic liquors as a ship’s chandler the biennial license fee shall be $1,000.
(w) For a license for a multiple activity club to sell alcoholic beverages to any person who is a member of such club or a guest of a member of such club, the biennial license fee shall be $1,500.
(x) Application process fee. — If any application for a license under this title requires any investigation by the staff or a hearing by the Commissioner before the Commissioner reaches a decision on the application, the applicant shall pay an application process fee of $1,000 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, a limited suppliers license issued pursuant to § 501 of this title, a license to sell on Sunday, and a tasting permit. 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. Six 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 biennial license fee shall be $1,000.
(z) For a license to sell alcoholic liquors as a caterer for consumption on the premises where sold the biennial license fee shall be $1,000.
(aa) For a license as a “bottle club” authorized by § 515A of this title the biennial license fee shall be $300.
(bb) For a license to sell alcoholic liquors in a cabaret the biennial license fee shall be $2,000.
(cc) For a license as an air passenger carrier, as defined in § 512(i) of this title, the biennial license fee shall be $1,000.
(dd) For a license to conduct wine auctions the biennial license fee shall be $1,500. For a gathering license to conduct a wine auction by a nonprofit organization the fee shall be $50 per event.
(ee) For a license to permit spirits, wine and beer tasting the biennial license fee shall be $150.
(ff) For a farm winery license the biennial license fee shall be $1,500.
(gg) For a brewery-pub license the biennial license fee shall be $2,000.
(hh) For a license to sell alcoholic liquors at a multi-purpose sports facility the biennial license fee shall be $3,000.
(ii) For a license to sell alcoholic liquors at a bowling alley the biennial license fee shall be $1,000.
(jj) For a license as a “direct shipper” as provided in § 526 of Title 4 the biennial license fee shall be $100.
(kk) Each of the licensees identified in subsections (a)-(h), (t)-(w), (y), (z), (bb), (cc), (dd), (ff), (gg), (hh), (ii), (mm), and (qq) 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.
(ll) For a permit to sell alcoholic liquors on a patio, the biennial fee shall be $1,000. If the holder of a patio permit desires a variance to Rule 42.1 [4 DE Admin. Code § 704, formerly Rule 42.1], or a subsequently adopted rule, the biennial variance permit fee shall be $100 per variance.
(mm) For a license to sell alcoholic liquor in a concert hall the biennial fee shall be $1,500.
(nn) For a license as a “craft distillery” as provided in § 512E of this title the biennial license fee shall be $1,500.
(oo) For a “temporary large event” license as provided in § 512F of this title, the fee shall be $500 for each temporary large event and no application process fee as permitted under subsection (x) of this section shall be assessed.
(pp) For a growler filler permit as provided in § 516(a) of this title, the biennial license fee shall be $150.
(qq) For a license to sell alcoholic liquor in a movie theater the biennial fee shall be $1,500.
(rr) For a license to sell alcoholic liquor in a beer garden, the biennial fee shall be $2,000. The holder of a beer garden license is not required to have a patio permit, but if the beer garden license holder desires a variance to Rule 42.1 (4 DE Admin. Code § 704, formerly Rule 42.1), or a subsequently adopted rule, the biennial variance permit fee shall be $100 per variance.
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; 77 Del. Laws, c. 72, § ?1; 78 Del. Laws, c. 220, § ?3; 78 Del. Laws, c. 251, § ?2; 79 Del. Laws, c. 6, § ?3; 79 Del. Laws, c. 23, § ?2; 79 Del. Laws, c. 308, § ?3; 80 Del. Laws, c. 62, § ?1; 81 Del. Laws, c. 69, § 3; 81 Del. Laws, c. 79, § 1;