Buying Beer At Delaware Gas Stations: What's The Deal?

Alcohol laws vary from state to state in the US, and Delaware is no exception. The state has a number of regulations in place that govern the sale and consumption of alcohol, including beer.

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

So, can you buy beer at gas stations in Delaware? The answer is no. In Delaware, you can only buy beer, wine, and liquor at bars and restaurants, package and liquor stores, and breweries and taprooms. Additionally, the sale of alcohol is prohibited in grocery stores and gas stations.

Beer delivery in Delaware

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

Direct-to-Consumer Shipping

Delaware law 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. This prohibition applies to new orders, re-orders, subscription orders, and orders placed at the point of sale. A Delaware resident who legally purchases alcohol from a manufacturer at the premises may transport the alcohol home themselves or arrange for shipment personally.

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 pickup at a licensed retail store.

Beer Delivery Services

There are several beer delivery services in Delaware, including Instacart and Uber Eats.

Instacart

Using the Instacart app or website, you can shop for beer, wine, liquor, and extras like soda, mixers, and non-alcoholic drinks. Once you've placed your order and selected a delivery time, a shopper will take care of your order. The Instacart shopper will typically scan your ID at the drop-off. Delivery fees start at $3.99 for same-day orders over $35.

Uber Eats

Uber Eats offers a wide range of beer for delivery in Delaware, including Corona, Heineken, Bud Light, and Miller Lite.

Buying beer in grocery stores in Delaware

The OABCC does not license mobile bars or other portable alcohol sales businesses. However, mobile bar operators can offer bartending services at private events, licensed bottle clubs, and licensed nonprofit gatherings, as long as the alcohol is purchased separately by the host.

Delaware has strict laws about where and when alcohol can be purchased. Off-premises retailers, such as liquor stores, can sell alcohol from 9 am to 1 am Monday to Saturday, and from 12 pm to 8 pm on Sundays. On-premises retailers, such as bars and restaurants, can sell alcohol from 8 am to 1 am every day, as long as they have a Sunday license.

Additionally, alcohol sales are prohibited on certain holidays, including Thanksgiving, Easter, and Christmas. Alcohol cannot be purchased during national and statewide elections, and licensed establishments are not allowed to offer two-for-one drinks.

While Delaware has strict regulations around alcohol sales, there are some exceptions. For example, a Delaware resident can transport alcohol from a manufacturer's premises or arrange for personal shipment. Nonprofit organizations can also obtain a gathering license to sell alcohol at events, and certain retailers are allowed to offer tastings and samples.

Buying beer on Sundays in Delaware

In addition to the above, there are some other days with special restrictions on alcohol sales in Delaware. Off-premise retailers cannot open on Thanksgiving Day, Christmas Day, and Easter Day. On election days when the polls are open, no retailer may sell alcohol.

Municipalities can also make the required closing time earlier for both off and on-premise retailers based on a local vote.

In Delaware, you can buy beer from bars and restaurants, package and liquor stores, and breweries and taprooms. Each of these locations has specific rules and regulations that they must follow.

Bars and restaurants in Delaware can sell beer, wine, and liquor between 9 a.m. and 1 a.m. every day, for both on-premise and 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 hours are 9 a.m. until 1 a.m. Monday to Saturday, and 10 a.m. until 8 p.m. on Sundays. All sales are for off-premise consumption only.

Breweries and taprooms can sell beer, wine, and liquor from 9 a.m. until 1 a.m. every day, for on-premise or off-premise consumption.

Delaware is one of the few states where alcohol delivery is almost entirely illegal. The only exception is direct orders to an out-of-state manufacturer. To get beer or wine delivered, you must be a Delaware resident and follow these restrictions: the order must be accepted by someone 21 or older; wine orders can't exceed 60 750 ml bottles per year; beer orders can't exceed 6 cases of 12 oz bottles per year; and the delivery must go from manufacturer to wholesaler to retailer before reaching the customer.

The minimum drinking age in Delaware is 21, although minors can drink with their parents in their private residence with a parent, guardian, or of-age spouse present.

Buying beer in gas stations in Delaware

In the state of Delaware, the Office of Alcoholic Beverage Control Commissioner (OABCC) controls every aspect of alcohol, including but not limited to manufacturing, licensing, selling, consumption, producing, distributing, and importing.

Delaware is not a dry state, and the sale of alcohol is legal throughout the state. However, there are some restrictions on where and when you can buy beer.

• Gas stations are not mentioned in the list of places where you can buy beer in Delaware. The places that are listed include bars and restaurants, package and liquor stores, and breweries and taprooms.
• Delaware has restrictive laws on where you can buy alcohol, and you can only purchase alcohol for off-premise consumption at a liquor store.
• While some states allow the sale of beer in gas stations, it is not common in Delaware.
• The hours for off-premise retailers (such as liquor stores) are Monday to Saturday from 9 am to 1 am, and on Sundays from 12 pm to 8 pm.
• On-premise retailers (such as bars and restaurants) can sell alcohol from 9 am to 1 am, seven days a week.
• During the months of October, November, and December, off-premise retailers can open as early as 8 am on Fridays and Saturdays.
• On special days like Thanksgiving, Christmas, and Easter, off-premise retailers must remain closed. On-premise retailers may be open but are not required to be.
• Municipalities can make the required closing time earlier for both off and on-premise retailers based on a local vote.
• Delaware has strict laws on alcohol delivery, and it is almost entirely illegal. The only exception is direct orders to an out-of-state manufacturer.
• The minimum drinking age in Delaware is 21, and it is illegal to sell alcohol to anyone under this age.
• Open container laws in Delaware are relatively relaxed, and passengers in a vehicle can possess and drink from an open container of alcohol. However, the driver is restricted from drinking or possessing an open container.
• DUI laws in Delaware are strict, and the legal limit for drivers 21 years and older is 0.08% BAC. The penalties for a conviction can include a fine of up to $1,500 and up to 12 months in jail.

In summary, while it is not common to find beer for sale in gas stations in Delaware, some gas stations may sell beer if they have the appropriate licenses. However, the hours of sale are restricted, and there are several days on which off-premise retailers must remain closed. It is important to follow the state's laws on alcohol consumption and purchase to avoid penalties.

Buying beer online in Delaware

There are a few online retailers that offer beer for sale in Delaware, such as Total Wine & More, which offers a variety of beer options for online purchase. However, it is important to note that these retailers are not allowed to deliver the alcohol directly to the customer's home.

When buying beer online in Delaware, it is essential to be mindful of the state's alcohol excise tax. The tax rate varies depending on the alcohol content of the beverage, with a rate of $3.00 per gallon for beverages containing 25% or less alcohol by volume.

Furthermore, there are specific hours during which alcohol can be purchased in Delaware. Off-premise retailers, such as liquor stores, are allowed to sell alcohol from 9:00 AM to 1:00 AM on Mondays to Saturdays and from 12:00 PM to 8:00 PM on Sundays. On-premise retailers, such as bars and restaurants, are permitted to sell alcohol from 9:00 AM to 1:00 AM daily.

It is worth noting that licensed establishments in Delaware are prohibited from offering 2-for-1 drinks, and sales are also banned during national and statewide elections.

Frequently asked questions