(a) If alcoholic liquors are to be sold during a gathering of persons, the manager or person in charge of the gathering of persons, or the owner, tenant, or person in charge of the premises in which the gathering of persons is being held, must obtain 1 of the types of gathering licenses provided for in this section. Both types of gathering licenses permit consumption of alcoholic liquors on the premises where sold and permit sale of alcoholic liquors for consumption off the premises where sold by way of a raffle or auction, live or silent, so long as the amount of alcoholic liquors sold for consumption off of the premises where sold does not exceed 10 gallons (or 38 liters) in a single day. (b) The 2 types of gathering licenses that may be granted under this section are as follows: (1) Gathering License — Group. — The manager or person in charge of a gathering of persons at which alcoholic liquors are to be sold shall apply for a group type gathering license that, if granted, is valid only for the time and at the location specified in the license application. A group gathering license is not required if the gathering of persons is being held on premises that are validly licensed under a biennial premises gathering license issued under paragraph (b)(2) of this section. (2) Gathering License — Biennial Premises. — The owner, tenant, or person in charge of the premises, other than a residence, on which gatherings of persons are held, may apply for a biennial premises type gathering license that is valid for the entire 2 years for gatherings of persons at the location specified in the license application. (c) A holder of a gathering license may purchase alcoholic liquors for sale at a gathering of persons from either package stores, or importers and the package stores, and importers may make deliveries to persons holding a gathering license. A holder of a gathering license granted under this section is exempt from paying the application process fee as provided in § 554(x) of this title. (d) For purposes of this section only, the price paid for alcoholic liquors to be sold at a gathering of persons licensed under this section must be a price agreed upon between the licensee and the package store, in-state manufacturer, or importer from whom the alcoholic liquors are purchased. A package store, in-state manufacturer, or importer may donate some or all of the alcoholic liquor to the gathering licensee so long as a license has been granted for the gathering of persons by the Commissioner prior to the donation. (e) Any person holding a biennial premises gathering license granted under this section must report each gathering of persons to be held on its premises to the Commissioner. The report may be made in person, in writing, or by telephone. The report must be received by the Commissioner not later than noon on the day the gathering of persons is to be held. But if the gathering of persons is to be held on a day the Commissioner's office is closed, the gathering of persons must be reported on the last day on which the Commissioner is open immediately preceding the gathering of persons. (f) A person holding a gathering license of either type granted under this section who has purchased alcoholic liquors for sale at a gathering of persons may return any unopened bottles to the licensee from whom they were purchased and shall receive the amount paid for each bottle, so long as the bottles are returned within 30 days of the date of the gathering of persons for which the bottles were purchased. A biennial premises type gathering licensee is not required to return bottles it has purchased for sale during the gathering of persons, but may store the bottles in a suitable storage facility for sale at a future gathering of persons to be held on the licensee's premises. (g) All holders of gathering licenses under this section are subject to the restrictions on the hours of sale of alcoholic liquors set forth in § § 709(c) of this title and to the prohibitions of sales to minors set forth in § § 708 of this title. (h) It is not necessary to obtain a license to dispense alcoholic liquors at a gathering of persons if no alcoholic liquors are to be sold at that gathering of persons. Importers may sell and deliver beer directly to persons for dispensing at a gathering of persons and not for resale. (i) An applicant for a "biennial premises type gathering license," as defined in § 554 of this title, must give notice of the application as required by § 524 of this title, but an applicant who has previously been granted a license under this section and has no violations is not required to give notice.
‹ Prev All Delaware sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.