HOME
Agency Information
Office Locations
Contact Information
Related Links
Site Map

SERVICES
Register of Regulations
Current Issue
Previous Issues
Regulatory Flexibility Act
Administrative Code
Delaware Code
Laws of Delaware
City & Town Charters
Style Manual
Cumulative Table
Subscription Services
Tour of Legislative Hall

INFORMATION
Citizen Participation

 

 

1.0 Purpose

This rule is promulgated pursuant to the Commissioner's authority to regulate the time, place, and manner in which alcoholic liquors are sold and dispensed (4 Del.C. §304). In addition, it is the purpose of this rule to implement and clarify the Commissioner's authority to license a movie theater to sell alcoholic liquors for consumption on any portion of the premises approved by the Commissioner (4 Del.C. §512 (f)). In accordance with these statutes alcoholic liquors may be sold or dispensed in a manner consistent with Title 4 of the Delaware Code and Commissioner Rules.

By the promulgation of this rule, the Commissioner finds that alcoholic liquors may be sold and consumed on the premises of a movie theater that has been approved by the Commissioner in accordance with the provisions of this rule.

 

2.0 Definitions

For purposes of this regulation, the following definitions shall apply.

"Alcoholic beverage" means a beverage consisting of no more than sixteen (16) ounces of beer, eight (8) ounces of wine, or two (2) ounces of spirits.

"Movie theater" means an indoor facility used to host showings of motion pictures which:

a. has a capacity of at least 500 patrons for any single movie showing or for showing of multiple movies in separate theaters at the same time;

b. shall host a minimum of 250 movie showings in any calendar year and shall be open at least 5 days a week;

c. has video cameras in each theater auditorium that allows supervision of movie patrons from a centralized or remote location during a movie showing; and

d. has a separate bar or location where alcohol is sold, served or dispensed that is separated from where food and non-alcoholic drink are sold.

 

3.0 Approved Course Required

All movie theater managers and employees involved in serving alcohol must successfully complete within 30 days from employment an approved course on the responsible service of alcoholic beverages.

 

4.0 Minors Prohibited

No minors are permitted to stand or sit at the bar or counter where alcoholic beverages are sold, served or consumed.

 

5.0 Dispensing Limitations

No more than one (1) alcoholic beverage may be sold to a patron at a time who is at least twenty-one (21) years old and no more than two (2) alcoholic beverages may be sold per patron per movie showing. The alcoholic beverage must be dispensed in a container that is clearly different from other non-alcoholic drinks and the patron purchasing the alcoholic beverage must be identified by a wrist band or similar means.

 

6.0 Inspection Required

A server trained individual must physically inspect each theater at least once during each movie showing to ensure that persons under the age of twenty-one (21) are not consuming alcohol.

18 DE Reg. 398 (11/01/14)

19 DE Reg. 775 (02/01/16)