Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
200 - Definitions
202 - (Formerly Rule 19) A Rule Defining the Words Hotel, Motel, Restaurant and Dinner Theater
Section 202-3.0 - Restaurant
Universal Citation: 4 DE Admin Code 202-3.0
Current through Register Vol. 28, No. 3, September 1, 2024
3.1 "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.
3.2 Additional requirements to operate as a restaurant are:
3.2.1 Seats at a bar shall not exceed 1/3 of
the dining seats.
3.2.2 The service
of only such food as sandwiches or salads shall not be deemed to be the service
of "meals".
3.2.3 Complete meals
shall be available at all hours that any restaurant is open for the sale of
alcoholic liquor.
3.2.4 There shall
also be adequate and sanitary kitchen and dining room equipment, and an
approved storage space where alcoholic liquor may be kept.
3.2.5 A State or County license to operate
the premises as a "restaurant" shall also be issued and in the possession of
the applicant prior to the issuance of the license and at all times thereafter
during the term of the license.
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