1.0 Purpose and Scope
This regulation implements the 1982 and 1989 amendments to the Delaware Liquor Control Act extending the jurisdiction of the Commissioner to bottle clubs. 4 Del.C. §§515, 515A(a), 902(7), and 554(aa), 60 Del. Laws, Ch. 232 (April 30, 1982), 67 Del. Laws, Ch. 122 (July 14, 1989). It applies to all businesses operated for profit where patrons carry onto the premises alcoholic liquors to be consumed thereon and removed by patrons upon their departure.
28 DE Reg. 321 (10/01/24)
2.0 Definitions
The following words and terms, when used in this regulation, have the following meaning:
"Bottle club" means an establishment operated for profit or pecuniary gain where persons enter upon the premises for the purposes of consuming alcoholic liquors which are brought onto the premises by customers of the establishment and are consumed therein and removed by such persons upon their departure. A bottle club also includes the premises rented to customers for holding weddings or other social gatherings, pursuant to 4 Del.C. §515A(c)(2).
"Consume" in any tense, means the act of drinking or eating alcoholic beverages and includes possession of an alcoholic beverage with the present ability to drink or eat it.
“Operated for profit or pecuniary gain" means a business owned by a sole proprietor, partnership, corporation or other business association where such owner is not exempt from federal or state taxes on income on the profits (or losses) from such business, or the profits (or losses) from such business are for the benefit of an individual partnership, corporation or other business association which is not exempt from federal or state taxes on income. An organization qualified to receive a gathering license under 4 Del.C. §514, shall be deemed to be not for profit or pecuniary gain unless the profits or losses from such enterprise are otherwise subject to federal or state tax on income.
"Restaurant" means any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for 12 or more persons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of "meals" (4 Del.C. §101(40)). In addition, a restaurant shall have a valid and current restaurant retailer license required by 30 Del.C. §2906.
25 DE Reg. 960 (04/01/22)
28 DE Reg. 321 (10/01/24)
3.0 General Policy
No establishment shall be operated for profit or pecuniary gain as a bottle club unless licensed by the Commissioner. Licensed bottle clubs shall, within the limits of their license, be held to the same standards of performance and financial responsibility as other types of license holders.
28 DE Reg. 321 (10/01/24)
4.0 Standards of Operation for Bottle Club
4.1 Hours of Operation
4.1.1 An establishment operated as a bottle club shall not permit the consumption of alcoholic beverages on its premises after 2 a.m. or before 8 a.m. on any day.
4.1.2 The presence of alcoholic liquors on the premises of a bottle club between the hours of 2 a.m. and 8 a.m. shall be prima facie evidence of a violation.
4.2 Service of General Public
4.2.1 A bottle club may require membership upon payment of a reasonable fee, but approval of such membership shall not be unreasonably denied.
4.2.2 A club shall not charge an admission charge or fee, but may charge a cover or minimum during hours when live entertainment is actually being presented.
4.3 Service of Food
4.3.1 A reasonable selection of food shall be available from a written menu or menu board at all hours when alcoholic beverages are being consumed. The selection of foods shall include a choice of sandwiches, entrees, sides, and non-alcoholic beverages.
4.3.2 If alcoholic liquors will be provided by the customer and not a licensed off-site caterer, a bottle club licensed pursuant to 4 Del.C. §515A(c)(2) shall submit for Commissioner approval at least 10 days prior to a wedding or other social gathering:
4.3.2.1 A signed contract with the customer renting the premises that shows the date and time of the event and the anticipated number of invited guests;
4.3.2.2 A signed contract with the entity providing adequate food for the social gathering, as determined by the Commissioner; and
4.3.2.3 A list of the alcoholic liquors to be provided by the customer that will be served during the gathering.
4.4 Service of Persons Under 21
4.4.1 Persons under 21 years of age may be admitted to the premises of a bottle club.
4.4.2 Persons under 21 years of age may not consume alcoholic beverages at any time, whether or not the bottle club licensee has provided bartending services pursuant to subsection 4.5.2 of this regulation.
4.4.3 It shall be a rebuttable presumption that persons under 21 years of age found on the premises or departing therefrom who are found to have consumed alcoholic liquors, or are in possession of alcoholic liquors, consumed or possessed such alcoholic liquors on the licensed bottle club premises in violation of the Delaware Liquor Control Act.
4.5 Service of Alcoholic Liquors
4.5.1 A bottle club may serve food, non-alcoholic beverages, mixers and ice and may charge for such service.
4.5.2 A bottle club renting its premises for weddings or other social gatherings pursuant to 4 Del.C. §515A(c)(2) may provide bartending services and serve alcoholic liquors provided by the customer and may charge for such services.
4.5.2.1 Bartending services must be included in the materials submitted to the Commissioner for review and approval pursuant to subsection 4.3.2 of this regulation.
4.5.2.2 The servers provided by the bottle club shall be certified as responsible alcoholic beverage servers pursuant to the Delaware Liquor Control Act. Only certified servers may provide bartending services which may also include bar area set-up and breakdown.
4.5.3 A bottle club may not keep alcoholic liquors for customers after the conclusion of the customer's use of the premises. Any alcoholic liquors remaining on the premises 2 hours after the conclusion of the event, or 1 hour after the customer has left the premises, shall be considered abandoned property and the bottle club licensee shall dispose of the alcoholic liquors immediately.
4.5.4 A bottle club licensee may permit a customer renting the premises pursuant to a contract approved by the Commissioner to bring alcoholic liquors onto the premises up to 36 hours prior to the event, provided the alcoholic liquors are stored in locked storage to which the customer and the licensee possess the only keys. The licensee's contract with the customer may designate a specific person, other than the customer, for this task. The licensee shall confirm the alcoholic liquors brought onto the premises are consistent with the list provided to the Commissioner pursuant to subsection 4.3.2.3 of this regulation, and any quantity or type not approved by the Commissioner must be removed from the premises.
4.5.5 Only the customer renting the bottle club licensed premises, or the customer's designee identified in the contract with the licensee, may enter and leave the premises with alcoholic liquors. Guests of the customer renting the premises may not enter or leave the premises with alcoholic liquors.
4.6 Presence of Intoxicated Persons on Premises. A bottle club shall not permit an intoxicated person to remain on its premises.
4.7 Design and Layout. In a bottle club there shall be seating at tables for not less than 12 persons. Seats at a bar shall not exceed 1/3 of the dining seats of the establishment.
19 DE Reg. 775 (02/01/16)
25 DE Reg. 960 (04/01/22)
28 DE Reg. 321 (10/01/24)
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