Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
700 - Renewal and Alterations of Licenses
703 - (Formerly Rule 42) A Governing Specifications and Alterations to Proposed and Licensed Establishments
Section 703-1.0 - Purpose

1.1 This rule requires the submission of design specifications or alterations of proposed and existing establishments either licensed or to be licensed by the Commissioner for the sale of alcoholic liquor, to ensure compliance with the Liquor Control Act and Commissioner Rules.

1.2 The Commissioner has concluded, pursuant to the Commissioner's authority to regulate time, place, and manner in which alcoholic liquor is sold and dispensed, 4 Del.C., § 304(a)(2), that the submission of this information is reasonably necessary to ensure compliance with the various specification provisions of the Liquor Control Act and existing Commissioner Rules.

1.3 The Commissioner has further found that the potential public safety and law enforcement risk associated with drive-in and walk-up windows, when measured against the nominal convenience they offer consumers, dictates a prohibition on future floor plans that seek to include these design features for the sale of alcoholic liquors.