Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
1600 - Drug Activities
1601 - (Formerly Rule 70) A Pertaining to Drug Activities on Licensed Premises
Section 1601-1.0 - Purpose

1.1 This rule implements and clarifies the grant of authority to the Commissioner contained in 4 Del.C. § 304(a)(2) to control the time, place, and manner in which alcoholic liquors shall be sold and dispensed. In accordance with this statute, alcoholic liquors shall not be sold or dispensed in any manner inconsistent with Title 4, the Liquor Control Act, or any other law of this state.

1.2 By the promulgation of this rule, the Commissioner finds that alcoholic beverages may not be sold in a place that is also used to deliver, possess, or consume illegal drugs, or deliver or possess illegal drug paraphernalia, or illegal hypodermic syringes or needles, or to conspire or solicit such activities.

1.3 The Commissioner finds that illicit drug activities on licensed premises encourages additional unlawful behavior including acts of violence. Such conditions interfere with public convenience and lawful access to licensed establishments. The Commissioner, therefore, finds licensees have an obligation to prevent this type of activity on their licensed premises.

1.4 The Commissioner recognizes, in promulgating this rule, that illicit drug activities are often conducted surreptitiously and that it would be inappropriate to hold a licensee responsible for such behavior. However, licensees may not ignore or act negligently in policing conditions on licensed premises which would lead a reasonable person to conclude that illegal drug activity is occurring. An affirmative defense is, therefore, provided to the licensee under this rule who takes the prescribed action.