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
1105 - (Formerly Rule 45) A Prohibiting Individuals, Other Than Employees, on Premises of Taverns, Taprooms and Stores During Certain Hours
Section 1105-1.0 - Prohibition of Non-Employees During Certain Hours

1.1 Unless previously authorized in writing by the Commissioner, it is forbidden for any holder of a tavern or taproom license to permit any individuals, other than employees, to enter or remain on the premises to which such license pertains between 2:00 A.M. and 9:00 A.M. of any day that sales of alcoholic liquors are permitted, and in the case of holidays, as defined in 4 Del.C. § 709(d), from 2:00 A.M. of the day a holiday begins and 9:00 A.M. of the first day thereafter on which the sale of alcoholic liquors may be resumed.

1.2 Unless previously authorized in writing by the Commissioner, it is forbidden for any holder of a license pertaining to premises on which the sale of alcoholic liquors is solely permitted for consumption off said premises, to permit any individuals, other than employees and employees of a licensed Delaware wholesaler, to enter or remain thereon between 1:01 A.M. and 9:00 A.M. of any day that sales of alcoholic liquors are permitted, and in the case of holidays, as defined in 4 Del.C. § 709 (d) from 1:01 A.M. of the day a holiday begins and 9:00 A.M. of the first day thereafter on which the sale of alcoholic liquors may be resumed except that individuals are permitted to enter on Sundays after noon and before 8:00 p.m. unless such times are more restrictive as permitted by City ordinance.