DelawareFood

How to get a liquor license for a restaurant in Delaware?

Short Answer

To obtain a liquor license for a restaurant in Delaware, you must apply through the Delaware Alcoholic Beverage Control Commissioner. Requirements can vary based on the location and type of establishment, so it's important to check local zoning laws and regulations.

How Long Will This Take?

Typically 60-90 days, depending on local approvals and inspections.

Renewal Timeline

  • Annual renewal for liquor licenses
  • Annual renewal for business licenses
  • Annual renewal for food establishment permits

What You Need to Apply

  • Restaurant Liquor License

    Allows the sale of alcoholic beverages in a restaurant setting. Application must be submitted to the Delaware Alcoholic Beverage Control Commissioner.Issuing Agency: Delaware Alcoholic Beverage Control Commissioner

  • Business License

    Required for operating any business in Delaware, including restaurants. Obtain this from the Delaware Division of Revenue.Issuing Agency: Delaware Division of Revenue

  • Food Establishment Permit

    Necessary for any business serving food, issued by the Delaware Division of Public Health.Issuing Agency: Delaware Division of Public Health

Fee Breakdown

Liquor License Application Fee
$1,000 - $2,000
Business License Fee
$75 - $450
Food Establishment Permit Fee
$100 - $300

Compliance Risks

  • First-time noncompliance may result in a warning or fine.
  • Repeated violations can lead to license suspension or revocation.

Location-Specific Info

Liquor licenses are enforced by the Delaware Alcoholic Beverage Control Commissioner, while local health departments handle food permits. Verify local zoning and occupancy requirements with city or county authorities, as these can affect your eligibility for a liquor license.

Quick Answers

Do I need a separate license for each type of alcohol?

No, a single liquor license typically covers all types of alcoholic beverages for a restaurant.

Can I transfer my liquor license to a new location?

No, liquor licenses in Delaware are not transferable to new locations and require a new application.

Is a background check required for a liquor license?

Yes, a background check is typically required for all individuals listed on the liquor license application.

Do I need a liquor license if I only serve beer and wine?

Yes, you still need a liquor license to serve beer and wine in Delaware.

Are there restrictions on the hours I can serve alcohol?

Yes, Delaware has specific regulations on the hours alcohol can be served, which vary by location.

Who This Applies To

This applies to restaurant owners in Delaware who wish to serve alcoholic beverages on their premises. It includes both small and large establishments, whether standalone or part of a chain. Home-based food businesses and online-only food services are excluded, as they do not serve alcohol on-premises.

Common Mistakes to Avoid

  • Failing to check local zoning laws before applying.
  • Not completing the background check process.
  • Applying for the liquor license without a business license.
  • Ignoring the need for a food establishment permit.

What Happens If You Don't Comply

If you operate without the necessary liquor license, you may first receive a warning or fine. Continued noncompliance can lead to more severe penalties, including suspension or revocation of your business license. In some cases, authorities may order a temporary closure until compliance is achieved.

Things to Verify for Your Situation

  • Check with the Delaware Alcoholic Beverage Control Commissioner for licensing requirements.
  • Confirm local zoning laws with your city or county zoning office.
  • Verify food permit requirements with the Delaware Division of Public Health.
  • Ensure business license compliance with the Delaware Division of Revenue.
  • Review local regulations on serving hours with your city or county government.

Official Resources

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