Buying Beer In Delaware: What's The Legal Status?

Alcohol laws vary from state to state, and Delaware is no exception. In this state, the Office of Alcoholic Beverage Control Commissioner (OABCC) controls every aspect of alcohol, including its manufacturing, licensing, selling, consumption, production, distribution, and importation.

In Delaware, you can buy alcohol from on-premise retailers between 9 a.m. and 1 a.m. every day of the week. Off-premise retailers can sell alcohol from 9 a.m. until 1 a.m. Monday through Saturday. On Sunday, their hours are 10 a.m. until 8 p.m.

While Delaware is not a dry state, it does retain the power to manage access to alcohol. For instance, the state prohibits 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.

Additionally, alcohol delivery is illegal in Delaware, except for direct shipments. The closest you can get to getting a beer delivered from a restaurant is takeout, drive-thru, or curbside pickup.

Delaware also has unique DUI laws. The legal limit for drivers under 21 years old in Delaware is 0.02% BAC, while the limit for drivers 21 years old and older is 0.08% BAC. However, a BAC of 0.05% is enough for a conviction in Delaware.

So, is it legal to buy beer in Delaware? Yes, but there are specific laws and regulations that govern the sale and consumption of alcohol in the state.

Buying beer in Delaware: where and when?

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

On-premise retailers (e.g. bars and restaurants) in Delaware can sell beer, wine, and liquor between 9 a.m. and 1 a.m. every day. Off-premise retailers (e.g. package and liquor stores) can sell alcohol from 9 a.m. until 1 a.m. Monday to Saturday. On Sundays, off-premise retailers can sell alcohol from 10 a.m. until 8 p.m.

During the months of October, November, and December, off-premise retailers can open as early as 8 a.m. on Fridays and Saturdays.

Where can you buy beer in Delaware?

You can buy beer in Delaware at:

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

Each of these locations must follow specific rules and regulations. For example, bars and restaurants must accompany to-go alcohol orders with food. Additionally, bars can only fill growlers if they have a growler fill license.

Other restrictions on buying beer in Delaware

Delaware has some unique restrictions on buying beer. Firstly, alcohol delivery is almost entirely illegal, with the exception of direct orders to an out-of-state manufacturer. Secondly, you cannot buy alcohol in grocery stores in Delaware. Thirdly, breweries and distilleries cannot sell each other's products. Finally, restaurants that want to allow customers to bring their own alcohol (BYOB) face political obstacles.

Minimum drinking age in Delaware

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

Alcohol delivery in Delaware

Direct-to-Consumer (DTC) Sales:

Delaware is one of the few states that does not allow direct-to-consumer sales of alcohol by manufacturers such as wineries, breweries, and distilleries. This means that residents cannot order alcohol from these producers and have it delivered directly to their homes. However, there is ongoing legislation, such as House Bill 259, aiming to change this by allowing DTC shipping. This would enable craft beverage makers to ship alcohol directly to consumers' doorsteps.

Third-Party Delivery Services:

While DTC sales are currently prohibited, there are alternative options for alcohol delivery in Delaware through third-party delivery services. Services like Instacart and GoPuff offer alcohol delivery to customers in select areas. These services connect users with local retailers and facilitate the purchase and delivery of alcoholic beverages. However, it is important to note that these services are subject to certain restrictions and may not be available in all areas of the state.

Licensing and Regulations:

The Office of Alcoholic Beverage Control Commissioner (OABCC) in Delaware oversees all aspects of alcohol regulation, including licensing, selling, consumption, and distribution. To sell alcohol in the state, businesses must obtain the appropriate licenses and comply with strict regulations. For example, alcohol sales are prohibited during national and statewide elections, and licensed establishments are not allowed to offer 2-for-1 drink promotions. Additionally, alcohol can only be sold within specified hours, which vary for on-premise and off-premise retailers.

Age Verification and ID Requirements:

Age verification is a critical aspect of alcohol delivery in Delaware. Delivery services and retailers are required to check the IDs of customers to ensure they are of legal drinking age, which is 21 years or older. Valid forms of ID include a US-issued driver's license, military ID, state-issued ID card, or passport.

Types of Alcohol Available for Delivery:

Most types of alcoholic beverages, including beer, wine, and liquor, are available for delivery in Delaware through licensed retailers and third-party services. However, it is essential to check the specific offerings of each delivery service, as availability may vary. Additionally, there are quantity restrictions for delivery orders, with limits on the number of bottles or servings that can be purchased per order.

In summary, while Delaware has strict regulations regarding alcohol sales and delivery, there are options available for consumers to have alcoholic beverages delivered to their homes. It is important for consumers to be aware of the legal requirements and for businesses to comply with all applicable laws and regulations to ensure safe and responsible alcohol delivery in the state.

Growler fills in Delaware

Growler fills are permitted in Delaware, but only at certain establishments. Delaware law allows liquor stores and taverns with off-premise licenses to fill growlers, but they must first apply for and receive a permit. Not all liquor stores sell growlers, and bars without off-premise licenses do not fill growlers.

The Delaware Growler in Newark is the largest growler filling station in the state, with 50 taps. Other establishments that offer growler fills include Peco's Liquor Store, Inner Spirits, and Stanley's Tavern in Wilmington; and Beach Liquors in Fenwick Island and Bethany Beach, among others.

Delaware law requires that alcoholic beverages for consumption off the premises be sold in closed containers such as bottles, barrels, or kegs. The sale and delivery of alcoholic liquor in the state are regulated by the Office of Alcoholic Beverage Control Commissioner (OABCC), which issues licenses to manufacturers, retailers, and wholesalers.

Drinking laws in Delaware

• In Delaware, the drinking age is 21.
• It is illegal to sell alcohol to anyone under 21.
• It is illegal for anyone under 21 to buy alcohol.
• It is illegal for anyone under 21 to use a false ID to buy alcohol.
• It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
• It is illegal to drive under the influence (DUI) with a BAC under 0.08%. For example, for drinking while driving with no BAC.
• It is illegal to sell alcohol to an intoxicated person.
• It is illegal to sell alcohol on Sundays, Thanksgiving, Easter, or Christmas.
• It is illegal to sell alcohol before 9 am or after 1 am Monday through Saturday, and before noon or after 8 pm on Sundays.
• It is illegal to sell alcohol during national and statewide elections.
• It is illegal to sell alcohol 2-for-1.
• It is illegal to sell alcohol without a license.

Buying Alcohol in Delaware

• Alcohol can be bought for on-premise consumption from 9 am to 1 am every day (with a Sunday license).
• Alcohol can be bought for off-premise consumption from 9 am to 1 am Monday to Saturday and from noon to 8 pm on Sundays.
• Alcohol can be bought for off-premise consumption from a liquor store only.
• Alcohol can be bought to-go, as long as the container is sealed.
• Alcohol bought to-go is limited to one 750ml wine bottle, six beers, and mixed cocktails only.
• Alcohol can be ordered online and shipped to Delaware, but only to licensed wholesalers for customer pick-up at a licensed retail store.
• Alcohol can be transported for personal use, but not for resale.

Other Drinking Laws in Delaware

• It is legal for persons of any age under 21 to drink alcohol with "members of the same family," in the private home of any of said members. However, the law does not define "family."
• It is legal to manufacture up to 200 gallons of beer or wine for personal consumption in a calendar year.
• It is legal to sell alcohol at a licensed nonprofit gathering.
• It is legal to sell alcohol at a licensed bottle club, where customers can bring their own alcohol for consumption on the premises.
• It is legal to sell alcohol at a licensed temporary large event.

Shipping beer to Delaware

Delaware's Alcohol Laws:

Delaware has stringent laws governing the sale and distribution of alcohol. The Office of Alcoholic Beverage Control Commissioner (OABCC) oversees every aspect of alcohol regulation, including licensing, manufacturing, selling, and consumption. One notable restriction is that Delaware does not allow direct-to-consumer sales by alcohol manufacturers such as wineries, breweries, and distilleries. This means that Delaware residents cannot order alcohol online or by phone and have it delivered directly to their homes.

Shipping Options:

While direct-to-consumer shipping is prohibited, there are a few alternative options for shipping beer to Delaware:

• Licensed Wholesalers or Importers: According to Delaware's three-tier distribution system, producers like breweries must sell their products to licensed wholesalers or importers, who then sell to retailers. This is the primary pathway for beer to enter the state for commercial sale.
• Licensed Retailers: Delaware residents can purchase beer from licensed retailers, such as liquor stores, and arrange for personal shipment or transport it themselves. This is a viable option for individuals looking to ship beer to their own homes in Delaware.
• Third-Party Delivery Services: Recent bills, such as Senate Bill 166, aim to allow licensed restaurants, breweries, and other venues to use third-party delivery services like DoorDash and Uber Eats to deliver alcoholic beverages to Delaware residents. However, the venues themselves are prohibited from using their own staff for deliveries.
• Licensed Direct Shippers: House Bill 262 proposes allowing out-of-state wine producers with a valid Delaware license to ship wine directly to consumers through common carriers with carrier permits. This option specifically targets wine deliveries but could set a precedent for future beer shipments.

Important Considerations:

When shipping beer to Delaware, it is crucial to consider the following:

• Age Restrictions: All shipments must comply with the legal drinking age of 21 years or older. Shippers must include a notice declaring that the recipient must be of legal age.
• Quantity Limitations: Some bills, like House Bill 262, propose restrictions on the quantity of alcohol that can be shipped to a single household per year.
• Taxes and Fees: Direct shippers and third-party delivery services may be subject to licensing fees and taxes. For example, Senate Bill 166 mentions a $1,000 biennial registration fee for third-party delivery services.
• Carrier Requirements: Common carriers or delivery drivers must adhere to specific requirements, such as providing proof of age upon delivery and ensuring that shipments are securely packaged and transported.
• Labeling and Packaging: All shipments must comply with labeling requirements, including clear and precise information about the contents, volume, and alcohol content.

In summary, shipping beer to Delaware requires careful navigation of the state's alcohol laws and regulations. While direct-to-consumer shipping is prohibited, there are alternative pathways through licensed retailers, wholesalers, and third-party delivery services. It is essential to stay informed about the evolving legislative landscape, as bills currently under consideration could significantly impact the direct-to-consumer shipping landscape in Delaware.

Frequently asked questions