4 Del. C. § 516: Consumption off the premises of a package store, restaurant, or taproom [Effective Jan. 23, 2027; Effective until July 23, 2029].

(a) (1) a. Any person in charge of a package store, restaurant, or club not store, convenience store, drug store, tobacco retailer, whether owner, lessee, or manager, and recognized as such by the Commissioner, may apply to the Commissioner for a license to purchase from an importer and to keep and sell and deliver on the premises only spirits, wine, or beer by the bottle, half bottle, keg, half keg, quarter keg, or sixtel, but not for consumption on the premises where sold, or in any dependency thereof.

b. All vessels sold must be delivered to the purchaser and must be removed from the premises where sold with the seals of the vessels unbroken, unless a license is approved by the Commissioner 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 the premises.

c. For purposes of issuing a new license under this section, all establishments licensed for the sale of alcoholic liquors, but not for consumption on the premises where sold, are considered as being of the same type. But this paragraph (a)(1)c. does not apply to the transfer of ownership or the renewal of an existing license.

d. A package store licensed under this section must request a permit in the form and manner prescribed by the Commissioner to purchase from an importer and to keep, sell, and deliver on the premises infused beverages, but not for consumption on the premises where sold.

e. Any infused beverages offered for sale must be in a designated section of the store that is separate and apart from alcohol liquors and nonalcoholic mixers, with clear signage that states the products contain THC. All infused beverages must be delivered to the purchaser and removed from the premises where sold with the seals of the infused beverage containers unbroken.

(2) A person in charge of a package store, restaurant, or club not store, convenience store, drug store, tobacco retailer, whether owner, lessee, or manager, and recognized as such by the Commissioner with a valid license for consumption off premises issued under this section may sell spirits, wine, beer, or infused beverages under paragraph (a)(1) of this section, including sales for curbside service or delivery service, for delivery within a 3-mile radius of the store. An entity with a valid off-premises license issued under §§ 512A through 512E of this title may sell alcoholic liquor for curbside service under the entity’s off-premises license. All sales for curbside or delivery service must comply with all of the following:

a. Comply with Chapter 7 of this title, including § 706 of this title, which prohibits sales to intoxicated individuals, and § 708 of this title, which prohibits sales to individuals who have not reached the age of 21 years.

b. Be sold and served on the premises only by a person certified as a responsible alcoholic beverage server under § 1205 of this title.

(3) No person may provide alcoholic beverage delivery services unless such person or business entity holds a third-party delivery license. Upon proper application, the Commissioner may grant a third-party delivery license to provide alcoholic delivery services to customers so long as the person or business entity is also registered to do business in this State. The Commissioner shall not grant a third-party delivery license to a person or entity that also holds an off-premises license. Delivery service must be made by a licensed third-party vendor, or such third party’s employee or independent contractor, provided that the off-premises licensee has entered into a written agreement with a licensed third-party delivery vendor that authorizes the third-party vendor, or such third-party vendor’s employee or independent contractor, to deliver alcoholic liquors on behalf of the off-premises licensee. The licensed third-party vendor may not include an entity whose business is primarily the interstate shipment of goods. All sales for third-party delivery service must do all of the following:

a. Comply with Chapter 7 of this title including § 706 of this title, which prohibits sales to intoxicated individuals, and § 708 of this title, which prohibits sales to individuals who have not reached the age of 21 years.

b. Be delivered by a licensed third-party vendor, or such licensed third-party vendor’s employee or independent contractor, who is at least 21 years of age and has been provided a program of learning content related to the responsible delivery of alcoholic beverages that has been approved by the Commissioner. A third-party delivery vendor’s program shall address all of the following topics:

1. Age requirements for possessing, purchasing, and consuming alcoholic beverages.

2. Acceptable forms of identification.

3. Methods to detect fake and altered forms of identification.

4. Typical signs of intoxication.

5. Methods of detecting intoxication in consumers.

6. Reasons to refuse delivery, including that a consumer failed to provide valid identification, was underage, or displayed signs of intoxication.

7. How to use identification scanning technology to verify a recipient’s age.

c. If delivered by motor vehicle, be placed in a trunk, rear compartment, back seat, or other area that is not readily accessible to the driver of the vehicle.

d. Be conveyed to the purchaser to whom the alcoholic liquors are being delivered only after the licensed third-party delivery vendor, or such third party’s employee or independent contractor, has verified that the recipient is not intoxicated and is 21 years of age or older, signified by the recipient’s identification with a photograph that reasonably appears to match the appearance of the recipient. The licensed third-party delivery vendor shall maintain a record of the following information for all recipients for a period of 2 years: name, date of birth, and address to which the alcoholic beverages were delivered. If such person’s age and apparent sobriety cannot be verified, the alcoholic liquors must be returned to the premises of the licensee.

e. The delivery is completed during the hours in which the off-premises licensee is lawfully allowed to sell alcoholic liquors and before midnight or an hour before the off-premises licensee’s establishment closes, whichever is earlier.

f. If the off-premises licensee uses a web application or internet website to facilitate delivery of alcoholic liquors by a licensed third-party vendor, the sales transactions take place between the customer and the off-premises licensee, and the off-premises licensee appears as the merchant of record.

g. Only alcoholic beverages obtained directly from the off-premises licensee with which the order was placed may be delivered.

h. May not be delivered out-of-state or to a state-operated facility, a correctional facility, a hospital, a locker mailbox, a post office box, a package shipping or storage facility, a retail licensee, a public school, a charter school, a grade school, a middle school, a high school, undergraduate housing at an institution of higher learning, or outside of this State.

i. In addition to application requirements and any regulations promulgated by the Commissioner, third-party delivery licensees shall provide to the Commissioner, upon request, a copy of any contracts entered into by the third-party delivery licensee with any off-premises licensee offering alcoholic beverages for delivery.

j. A third-party delivery vendor may charge package stores a fee for deliveries, and the fee charged must be applied equally to all package stores that enter into a delivery contract with the third-party delivery vendor.

k. An off-premises licensee’s responsibilities under this section regarding delivery of alcoholic liquor to a consumer by a licensed third-party delivery vendor are considered satisfied at the time the off- premises licensee transfers possession of the alcoholic liquor to the licensed third-party delivery vendor, or such third party’s employee or independent contractor. The acts during delivery of a licensed third-party delivery vendor or such third party’s employee or independent contractor are not attributable to the off-premises licensee.

(b) Notwithstanding the provisions of subsection (a) of this section, any person, firm, or corporation duly licensed by the government of the United States as a ship’s chandler, may apply to the Commissioner for a license to purchase and to keep, sell, and deliver off the premises, spirits, wine, or beer. The Commissioner may issue the license if the Commissioner is satisfied that all of the following conditions are met:

(1) The applicant is a ship’s chandler operating a customs bonded warehouse under a license issued by the United States government.

(2) Sales by a ship’s chandler are limited to vessels of the United States or of a foreign country engaged in foreign trade under 19 U.S.C. § 1309.

(c) A person in charge of a taproom, restaurant, or club, whether as owner, lessee, manager, or otherwise, may not apply for a license to sell alcoholic liquors for consumption off the premises where sold, and the Commissioner may not issue such a license for use in a taproom, restaurant, or club, except as follows:

(1) A person issued a license that authorizes the person to sell alcoholic liquors in a taproom for consumption off the premises prior to July 6, 1983, may is retain the license, unless revoked by the Commissioner under this title.

(2) A person issued a license that authorizes the person to sell alcoholic liquors in a restaurant or club for consumption off the premises before May 21, 2026, may retain or transfer the license, unless revoked by the Commissioner under this title.

(3) A person issued a license that authorizes the person to sell alcoholic liquors in a taproom for consumption off the premises prior to July 6, 1983, and person issued a license that authorizes the person to sell alcoholic liquors in a restaurant or club for consumption off-the-premises before May 21, 2026, may transfer the license with the approval of the Commissioner as provided in § 571 of this title.