Limit on number of package store licenses [Effective until Oct. 21, 2026].
Del. Code tit. 4, § 546
in effect(a) (1) The General Assembly finds that, in order for the Commissioner to maintain effective control of the importation, distribution, and sale of alcoholic liquor into and within this State, and in order to prevent geographical price fixing of alcoholic liquor at the retail level, there must be a limitation placed on the number of package store licenses issued, held, controlled, or acquired directly or indirectly by 1 person.
(2) The General Assembly further finds that a limitation on the number of package store licenses held by 1 person is necessary to ensure a stable system for the lawful distribution of alcoholic liquor, serve the public need and convenience, and prevent the public harm associated with a monopoly of the package store alcoholic liquor trade by any person or group of persons, whether the package store licenses are held by a corporation, partnership, association, proprietorship, individual, or other entity.
(3) The General Assembly further finds that a reasonable restriction on the number of package store licenses held by 1 person will further this State’s interest in maintaining a 3-tier system for the importation, distribution, and sale of alcoholic liquor by minimizing or limiting absentee ownership and the domination of package stores by suppliers, manufacturers, importers, or other economically powerful interests.
(4) Therefore, it is declared to be the public policy of this State that limitations, as specified under this section, be placed on the number of package store licenses that a person may at 1 time hold, directly or indirectly, and that the Commissioner shall actively supervise and enforce these limitations.
(b) (1) The Commissioner shall refuse to grant a license for the sale of alcoholic liquor by any restaurant, taproom, hotel, package store, or other establishment for consumption off the premises where sold if the Commissioner has substantial evidence that would reasonably support a belief that the applicant; any of the applicant’s directors, officers, or shareholders; or any of the applicant’s partners, corporations, proprietorships, or other legal entities engaged in any undertaking, industry, or business is singularly, or in combination with the applicant, the holder of 2 or more package store licenses, or has any financial, pecuniary, beneficial, management, supervisory, or other interest whatsoever, direct or indirect, and however small, in 2 or more package store licenses.
(2) Nothing in this section requires any person who, prior to April 1, 1992, acquired an interest in more than 2 package store licenses to surrender, dispose of, or release the person’s interest in any such license and nothing in this section affects the person’s right to continue to hold, use, and renew any such license.
(c) (1) For the purposes of this section, a person is deemed to acquire a financial, pecuniary, beneficial, management, supervisory, or other interest in a package store license to purchase and resell or dispense alcoholic liquor if the person or person’s spouse or child under 21 years of age has 1 or more of the following:
a. Any interest whatsoever, direct or indirect, and however small, as a director, officer, shareholder, partner, associate, employee, or member in any corporation, partnership, association, proprietorship, or other entity engaged in any undertaking, industry, or business that holds a package store license under this chapter.
b. Any authority whatsoever to supervise, manage, control, or direct the operation of the licensee’s business; to hire, terminate, or discipline the licensee’s employees; or to issue any orders, policies, or directives concerning the licensee’s business.
(2) For the purposes of this section, any person whose relationship with the licensee is, as determined by the Commissioner, merely that of a bona fide lender, lending institution, secured party, or lienholder, or merely that of a bona fide landlord or lessor of real or personal property, is not deemed to acquire a financial, pecuniary, beneficial, management, supervisory, or other interest in the package store license.
(d) The Commissioner may promulgate rules and regulations with respect to the enforcement and furtherance of the objectives and provisions of this section as the Commissioner may deem necessary. All rules and regulations that are not inconsistent with provisions of this title and the Code have the force and effect of law.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title4/c005/sc03/index.htmlFetched: 10/4/2026