Buying Beer On Sundays In Delaware: What's The Deal?

Alcohol laws vary from state to state, and it's important to know the rules when buying beer, wine, or spirits. In Delaware, you can buy beer on Sundays, but the hours for off-premise retailers are reduced. These retailers, including liquor stores, can only open between 10 am and 8 pm. On-premise retailers, such as bars and restaurants, are not affected and can sell alcohol from 9 am to 1 am every day.

While Delaware is not a dry state, it does have some interesting alcohol regulations. For example, you can't order wine to be shipped directly from a winery, and breweries and distilleries previously couldn't sell each other's products. While this has changed, they now have to work through distributors. Additionally, restaurants that want to allow customers to bring their own alcohol (BYOB) face political challenges.

These rules are a hangover from the post-Prohibition era when state leaders wanted to avoid a free-for-all after the blanket ban on alcohol. While some of these regulations have been relaxed in recent years, they remain a headache for consumers and continue to protect certain businesses from competition.

Where you can buy beer in Delaware

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, and these vary for on-premise and off-premise retailers.

On-Premise Retailers

On-premise retailers can sell alcohol between 9 a.m. and 1 a.m. Monday to Sunday. This includes bars and restaurants, breweries and taprooms.

Off-Premise Retailers

Off-premise retailers can sell alcohol from 9 a.m. until 1 a.m. Monday to Saturday. On Sundays, their hours are reduced to between 10 a.m. and 8 p.m. Off-premise retailers include liquor and package stores.

Special Days and Local Ordinances

There are also some special days when off-premise retailers cannot open, including Thanksgiving Day, Christmas Day, and Easter Day. On election days when the polls are open, no retailer may sell alcohol. Local ordinances may also affect opening hours.

Direct-to-Consumer Sales

Direct-to-consumer sales by alcohol manufacturers such as wineries, breweries, and distilleries are not allowed in Delaware. However, a winery or brewery outside of Delaware may apply for a Direct Shipper license, 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.

Grocery and Convenience Stores

Delaware has strict rules about where alcohol can be sold. For example, Walmart does not sell alcohol, but Target and CVS do. Alcohol cannot be purchased in grocery stores, and there is no alcohol monopoly in the state.

Hours for buying beer in Delaware

The hours for buying beer in Delaware vary depending on the type of retailer and the day of the week.

Off-premise retailers, such as retail stores, can sell beer from 9 am until 1 am, Monday to Saturday. On Sundays, off-premise retailers can only sell beer between 10 am and 8 pm.

On-premise retailers, such as bars and restaurants, can sell beer between 9 am and 1 am, seven days a week.

During the months of October, November, and December, off-premise retailers are permitted to open earlier, at 8 am, on Fridays and Saturdays.

It is important to note that the above hours are subject to local ordinances, and municipalities can make the required closing time earlier for both off-premise and on-premise retailers. Additionally, on election days when the polls are open, no retailer may sell alcohol.

Delaware has no state sales tax, and there are no dry counties or towns in the state. The sale of alcohol is legal throughout Delaware.

Age restrictions for buying beer in Delaware

The minimum drinking age in Delaware is 21. There is an exception to this rule, however, as minors can drink with their parents in their private residence with a parent, guardian, or spouse who is of legal drinking age present.

Delaware alcohol laws prohibit anyone, including adults, under the age of 21 from buying alcohol. It is also illegal for them to use a false ID to buy or attempt to buy alcohol. The penalty for doing so is a fine of $500 or 30 days in prison.

Those under 21 may not enter any off-premise alcohol business and may not work behind the counter of a licensed establishment. Employees under 21 are also prohibited from mixing alcoholic drinks or drawing beer from its dispenser.

There is no Delaware state law that specifically prohibits anyone under 21 from buying alcohol. However, it is illegal to "obtain" alcohol by making a false statement and it is also illegal to sell alcohol to anyone under 21.

Those under 21 may not drive with a blood alcohol concentration (BAC) of 0.02% or higher. The legal limit for drivers 21 years old and older in Delaware is 0.08% BAC.

Shipping beer to your home in Delaware

Direct-to-Consumer Shipping

Delaware does not currently allow direct-to-consumer (DTC) shipping of beer or any other alcoholic beverages. This means that you cannot order beer online or from out-of-state producers and have it delivered directly to your home. The latest attempt to pass legislation permitting DTC alcohol sales failed in committee, facing opposition from the Division of Alcohol and Tobacco Enforcement, unions, and distributors.

Third-Party Delivery

While DTC shipping is not permitted, third-party delivery of alcohol is legal in Delaware. Food delivery services like DoorDash, Uber Eats, and Drizly can deliver limited quantities of beer, wine, and cocktails from restaurants, pubs, and taverns to consumers' homes. However, vendors must be appropriately licensed, and delivery drivers must be 21 or older, opt-in to alcohol delivery, and receive proper training.

Purchasing from Retailers

You can purchase beer for off-premise consumption from liquor stores, package stores, and some other licensed retailers. Off-premise retailers can sell alcohol from 9 am to 1 am, Monday to Saturday. On Sundays, their hours are restricted to between 10 am and 8 pm.

On-Premise Consumption

Bars, restaurants, and breweries can sell beer for on-premise consumption between 9 am and 1 am every day. You can order alcohol to go from these establishments, but it must be in a sealed container, and there are quantity limits: one 750ml bottle of wine, six beers, or mixed cocktails.

Homebrewing and Personal Use

In Delaware, you are allowed to brew beer or make wine for personal consumption without a license, as long as the quantity is 200 gallons or less per calendar year. This homemade beer can be removed from your home and transported for personal use, family use, or participation in club-sponsored events and tasting competitions.

Shipping Requirements

If you are shipping beer within the state, it must be transported by a common carrier or the purchaser, following specific rules. The beer must be delivered directly to the purchaser's residence and not by the seller or their representative. A waybill or other evidence of the authorized shipment must be available upon request.

In summary, while Delaware has strict regulations regarding alcohol sales and shipping, there are legal options for purchasing beer for home delivery through licensed third-party delivery services or from licensed retailers, either in-person or for takeout. For those interested in homebrewing, Delaware also permits the personal production and transportation of limited quantities of beer for personal use.

Drinking beer in public in Delaware

In Delaware, the minimum drinking age is 21, and it is illegal to sell alcohol to anyone under this age. Additionally, it is prohibited for those under 21 to buy alcohol, and doing so by providing false identification can result in a fine of $500 or 30 days in jail. Minors can, however, drink with their parents or legal guardians in private residences.

The hours for purchasing alcohol vary depending on the day of the week and the type of retailer. Off-premise retailers, such as liquor stores, can sell alcohol from 9 a.m. to 1 a.m. Monday through Saturday, and from 10 a.m. to 8 p.m. on Sundays. On-premise retailers, such as bars and restaurants, can sell alcohol from 9 a.m. to 1 a.m. every day. These hours may be adjusted by local ordinances, and there are additional restrictions on certain holidays and election days.

Delaware has laws in place regarding open containers of alcohol. While passengers in a vehicle are allowed to possess and consume alcohol, the driver is restricted from drinking or possessing an open container. The state has strict DUI laws, and the legal limit for drivers under 21 years old is 0.02% BAC, while for those 21 and older, it is 0.08% BAC.

Delaware also has regulations regarding the transportation of alcohol. Individuals can transport alcohol for personal use, but it must be in a sealed container and cannot be opened until it reaches its destination.

Overall, while Delaware allows the sale and consumption of alcohol, it is important to be mindful of the specific laws and regulations in place to avoid any legal consequences.

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