Delaware-Wisconsin Beer Buying: Is It Legal?

Delaware is not a dry state, and the sale of alcohol is legal throughout the state. However, the state does have specific laws and regulations regarding the sale, distribution, and consumption of alcoholic beverages, including beer.

In Delaware, the Office of Alcoholic Beverage Control Commissioner (OABCC) controls every aspect of alcohol, including manufacturing, licensing, selling, consumption, producing, distributing, and importing.

When it comes to buying beer in Delaware, there are a few things to keep in mind. Firstly, the hours during which beer can be purchased vary depending on the day of the week and the type of retailer. Off-premise retailers, such as liquor stores, can sell beer from 9 am to 1 am Monday to Saturday and from 12 pm to 8 pm on Sundays. On-premise retailers, such as bars and restaurants, can sell beer from 9 am to 1 am every day.

It is important to note that Delaware has strict laws regarding alcohol delivery. Alcohol delivery is illegal in Delaware, except for direct shipments from out-of-state manufacturers to customers. Additionally, Delaware residents who are 21 or older can order beer and have it shipped to a licensed Delaware wholesaler for pick-up at a licensed retail store.

When purchasing beer in Delaware, individuals can buy from bars and restaurants, package and liquor stores, and breweries and taprooms. Each of these locations has specific rules and regulations to follow, including the requirement to provide food with to-go alcohol orders.

Overall, while Delaware allows the sale and consumption of alcohol, including beer, it is important to be aware of and comply with the state's specific laws and regulations in this regard.

Where can you buy beer in Delaware?

In the state of Delaware, the Office of Alcoholic Beverage Control Commissioner (OABCC) controls every aspect of alcohol, including its manufacturing, licensing, selling, consumption, production, distribution, and importation.

The places you can buy beer in Delaware include:

• Bars and restaurants
• Package and liquor stores
• Breweries and taprooms

Bars and restaurants in Delaware can sell beer, wine, and liquor between 9 a.m. and 1 a.m. every day. Sales of alcohol can be for on-premise consumption or off-premise consumption. To-go alcohol orders must be accompanied by food.

Package and liquor stores can sell beer, wine, and liquor every day. Their Monday through Saturday hours are from 9 a.m. until 1 a.m. On Sundays, their hours are from 10 a.m. until 8 p.m. All sales are for off-premise consumption.

Breweries and taprooms in Delaware can sell beer, wine, and liquor from 9 a.m. until 1 a.m. every day. Sales of alcohol can be for either on- or off-premise consumption. You can get a growler filled at these locations. Breweries are not limited to selling their own beer, as long as they have the proper licenses.

Tri-State Liquors is Delaware's largest beverage superstore. It has a stock of over 20,000 cases of imported and domestic beers, soda, wine, wine coolers, liquor, and more.

Can you buy beer on Sunday in Delaware?

In the state of Delaware, the Office of Alcoholic Beverage Control Commissioner (OABCC) controls every aspect of alcohol, including its sale.

In Delaware, you can buy alcohol from on-premise retailers between 9 a.m. and 1 a.m. every day of the week. However, on Sundays, their hours are 10 a.m. until 8 p.m.

The state of Delaware extends the legal hours of sale for off-premise retailers during the months of October, November, and December. During these months, off-premise retailers can open as early as 8 a.m. on Fridays and Saturdays.

On-premise retailers are not affected by the reduced hours on Sundays.

Off-premise retailers may not open on Thanksgiving Day, Christmas Day, and Easter Day. On-premise retailers may be open but are not required to be. On election days when the polls are open, no retailer may sell alcohol.

In addition to the above special circumstances, municipalities can make the required closing time earlier for both off and on-premise retailers based on a vote.

It is important to note that Delaware 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.

However, 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.

Can you get beer delivered in Delaware?

Delaware is one of the last three states, along with Utah and Mississippi, that does not allow direct-to-consumer (DTC) alcohol sales. However, there are several bills in committee that aim to change this.

State Rep. Jeff Spiegelman introduced House Bill 259 in July 2023, which would allow craft beverage makers to ship alcohol to Delawareans' doorsteps. The bill is primarily aimed at enabling small craft breweries to ship their products to Delaware. It would not allow big-name producers to ship directly to consumers.

Another bill, Senate Bill 166, looks to legalize third-party alcohol delivery from restaurants, allowing food delivery services like DoorDash or Uber Eats to deliver alcohol to of-age residents. This bill was introduced by State Sen. Jack Walsh in June 2023 and has passed in the State Senate with bipartisan support. It will now go to the House for consideration.

A third bill, House Bill 262, would allow all types of DTC wine shipments, up to three 9-liter cases to a single household per year, as long as the wine producer holds a valid license.

Currently, it is not possible to get beer or other alcoholic beverages delivered to your home in Delaware. However, you can order alcohol to go from restaurants, as long as the container is sealed. There is a limit on the amount that can be purchased: one single 750ml wine bottle or six beers, and mixed cocktails only.

Can you buy growlers and other unsealed beer containers in Delaware?

Yes, you can buy growlers and other unsealed beer containers in Delaware. The state's liquor stores, bars, and restaurants can sell beer, wine, and liquor, but they need to have the appropriate licenses to do so. Bars with off-premise licenses, for example, can sell from all bar taps, and liquor stores with off-premise licenses can fill growlers.

Growlers are unsealed containers unless the filler places a tamper-evident seal on them. While Delaware's open container laws are relaxed, allowing passengers in a vehicle to possess and drink from an open container of alcohol, it is still illegal to drive under the influence.

In Delaware, you can buy growlers from breweries, taprooms, liquor stores, restaurants, and bars. The size of the growler that can be filled is up to the licensee, and some locations will only fill certain sizes and styles. Establishments with growler permits may fill any growler of standard size (64oz and sometimes 32oz) as long as it works with their filling system.

Can you buy liquor in grocery stores in Delaware?

Delaware's Office of Alcoholic Beverage Control Commissioner (OABCC) controls every aspect of alcohol in the state, including manufacturing, licensing, selling, consumption, producing, distributing, and importing.

The sale of alcohol is not permitted in any grocery stores in Delaware. Alcohol can only be purchased for off-premise consumption at a liquor store.

Retail stores are allowed to sell alcohol from 9 am to 1 am Monday to Saturday and from 12 pm to 6 pm on Sundays. On-premise retailers are allowed to sell alcohol from 9 am to 1 am every day.

It is illegal to sell alcohol to anyone under the age of 21 in Delaware. Those under 21 are also prohibited from entering any off-premise alcohol business.

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