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
906 - (Formerly Rule 31) A Governing The Return Of Alcoholic Liquor to The Seller After It Has Been Received By The Purchaser
Section 906-1.0 - Returned Merchandise
Current through Register Vol. 28, No. 3, September 1, 2024
1.1 No licensee, Wholesaler or retailer, shall accept the return of any alcoholic liquors sold by him if the delivery of the alcoholic liquor so sold shall have been accepted by the purchaser after immediate inspection. The purchaser, however, shall have the privilege of making an immediate inspection of the goods before receiving them. If a retail licensee after delivery determines that his order was incorrectly filled, he may return the incorrectly filled part of the order within thirty-six (36) hours after delivery or, with the permission of the Commissioner, at a later date. The Executive Secretary, in his discretion, may grant such permission.
1.2 This restriction shall not apply to alcoholic liquors purchased for a Gathering of Persons which remain on hand after the period for which the license has been issued, nor to alcoholic liquors sold to an individual consumer when returned because of a defect in quality.
1.3 Whenever a retailer's license terminates for any reason, all unopened and unused alcoholic liquors shall be returned to the Importer from whom originally purchased, but such Importer may with Commissioner approval reject any such alcoholic liquor as not being fit for resale. Upon such a determination, the unsalable alcoholic liquor shall be disposed of or returned to the former licensee as directed by the Commissioner.
1.4 Whenever an Importers license terminates for any reason, the alcoholic liquors shall be disposed of in a manner approved by the Commissioner.
1.5 When the business of any licensee is temporarily suspended, the alcoholic liquors shall be stored or disposed of in a manner approved by tie Commissioner.
Effective: February 2, 1967
