Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
900 - Trade Practices for Suppliers, Wholesales, and Retailers
901 - (Formerly Rule 46) A Governing the Contractual Relationships Between Suppliers and Wholesalers for the Distribution of Alcoholic Beverages
Section 901-2.0 - Requirements for Importing Alcoholic Beverages Into Delaware
Universal Citation: 4 DE Admin Code 901-2.0
Current through Register Vol. 28, No. 3, September 1, 2024
2.1 No out-of-state supplier of alcoholic beverages shall ship or caused to be shipped into Delaware any alcoholic beverages unless all of the following requirements have been satisfied:
2.1.1 It shall have obtained
from the Commissioner an Out-of-State Supplier's license as required by 4
Del.C.
§
501;
2.1.2 It shall submit the following
information to the Commissioner and to each affected wholesaler in writing:
2.1.2.1 the name and address of each licensed
wholesaler in Delaware with which it has contracted;
2.1.2.2 the brand or brands of alcoholic
beverages which it intends to distribute in Delaware;
2.1.2.3 a statement as to whether the
distribution rights being conferred on each wholesaler are exclusive;
and
2.1.2.4 if in writing, a copy
of the distribution contract, between it and the licensed
wholesaler(s);
2.1.3 It
shall ship such alcoholic beverages only to a wholesaler or wholesalers
licensed by the Commissioner; and
2.1.4 It shall agree to comply with all
applicable requirements of this Rule. (Noncompliance with the requirements of
subsection 2.1 prior to shipping alcoholic beverages into the State shall
subject the supplier to the imposition of such administrative sanctions as the
Commissioner deems warranted.)
2.2 No wholesaler licensed by the Commissioner shall order or receive any alcoholic beverages from an out-of-state supplier which has not complied with the requirements contained in subsection 2.1 of this Rule.
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