Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
1100 - General Establishment Operations and Practices
1103 - (Formerly Rule 61) A Governing Cover Charges and Minimum Charges by Licensed Establishments
Section 1103-1.0 - Cover Charges

Universal Citation: 4 DE Admin Code 1103-1.0

Current through Register Vol. 28, No. 3, September 1, 2024

1.1 Any on-premises licensee licensed for the sale of alcoholic beverages shall be permitted to charge a cover charge at any time live entertainment is actually being provided by the licensee, provided that any licensee charging a cover charge shall prominently display the fact that a cover charge is being made. Payment of the cover charge shall entitle the patron to admission to the premises and observance of the entertainment being offered only.

1.2 Any of said licensees may also impose a minimum charge upon the following conditions:

1.2.1 The charge shall be only for food or non-alcoholic beverage to be sold, and such food or non-alcoholic beverage must be provided on the patron's choice and request from the regular menu or the usual offering in the establishment.

1.2.2 The amount of the minimum shall not be changed more than once daily.

1.2.3 The amount of the minimum charge must be prominently displayed at the entrance to the premises and upon the menu, and the fact that such a charge is made must be part of any advertisement of the licensee.

1.2.4 A minimum charge shall be distinguished from a cover charge. Upon payment of the minimum charge, the customer shall be entitled to food or non-alcoholic beverage in an amount of equal value to the charge paid.

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