Bill Text: DE SB348 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Title 4 Of The Delaware Code Relating To Private Events.
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced) 2026-06-18 - Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate [SB348 Detail]
Download: Delaware-2025-SB348-Draft.html
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SPONSOR: |
Sen. Buckson & Rep. Michael Smith |
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Sens. Pettyjohn, Sokola; Rep. Yearick |
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 348
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO PRIVATE EVENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):
Section 1. Amend § 101, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 101. Definitions.
As used in this title, in addition to their usual meaning:
(10) “Caterer” means any a proprietorship, partnership partnership, or corporation engaged that is all of the following:
a. Regularly engaged in the business of providing food and beverages beverages, or only beverages as provided by § 512(g)(3) of this title, at social gatherings such as gatherings, such as weddings, dinners, benefits, banquets banquets, or other similar events for consideration on a regular basis and duly licensed events, for consideration.
b. Licensed by the this State as caterers with a caterer.
c. Except as otherwise provided by § 512(g)(3) of this title, with at least 60% of its gross receipts resulting from the sale of food.
(34) “Off-site caterer” means any proprietorship, partnership or corporation engaged in the business of a caterer providing food and beverages beverages, or only beverages as provided by § 512(g)(3) and § 512I of this title, at social gatherings, such as weddings, dinners, benefits, banquets banquets, or other similar events, that are held off the site of the caterer’s business for consideration and on a regular basis. An off-site caterer must be duly licensed by the State under Title 30 as a caterer, with at least 60% of its gross receipts resulting from the sale of food. business.
(39) “Private event” means an invitation-only gathering of up to 1,000 individuals, including weddings, dinners, benefits, banquets, or other similar social gatherings.
(40) “Private event venue” means an establishment operated for consideration where the establishment’s premises are used for private events.
Section 2. Amend § 512, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 512. Licenses.
(g) (1) A caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep keep, and sell such alcoholic liquors either by the glass or by the bottle, for consumption on any portion of the premises approved by the Commissioner for that purpose.
(2) An off-site caterer may apply to the Commissioner for a license to purchase alcoholic liquors from an importer and to receive, keep, transport transport, and sell such alcoholic liquors either by the glass or by the bottle for consumption on any portion of the off-site premises approved by the Commissioner for that purpose. Transporting of alcoholic liquors by an off-site caterer must be done in accordance with the Commissioner’s rules.
(3) The Commissioner may grant a license under this section to a caterer or off-site caterer, without the requirement to sell food, only under all of the following conditions:
a.1. For a caterer, the caterer may provide alcoholic liquors only at a private event held on the caterer’s premises.
2. For an off-site caterer, the off-site caterer may provide alcoholic liquors only at a private event held on premises covered by a private event license granted under § 512I of this title.
b. If a caterer or off-site caterer is hired to provide alcoholic liquors at a private event, all alcoholic liquors sold, served, or consumed at the private event must be provided by that caterer or off-site caterer.
c. An adequate selection of food, as determined by the Commissioner, available at each private event while alcoholic liquors are being sold, served, or consumed. The food may be provided by the caterer or the off-site caterer or another person, including a private event licensee, another caterer, another off-site caterer, or the customer.
d. The caterer or off-site caterer must report each private event, as required by the Commissioner.
Section 3. Amend Subchapter II, Chapter 5 of Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 512I. Private event licenses.
(a)(1) Upon application, the Commissioner may grant a license to host private events at which alcoholic liquors are sold, served, or consumed on the licensed premises to any of the following:
a. The manager or person in charge of a private event.
b. The owner, lessor, or person in charge of a private event venue
(2) Alcoholic liquors may be provided by 1 of the following:
a. An off-site caterer licensed under § 512(g) of this title.
b. The customer, the customer’s invited guests, or both.
(3) A person may apply for 1 of the following types of private event licenses:
a. A single event license that is valid only for the time and at the location specified in the application for the license.
b. A biennial premises license that is valid for all private events held on the licensed premises during a 2-year period.
(4) A license granted under this section does not allow a private event licensee to receive, keep, or sell alcoholic liquors.
(b) A private event licensee is subject to all of following requirements:
(1) If a licensed off-site caterer is hired to provide alcoholic liquors, all alcoholic liquors sold, served, or consumed at the private event must be provided by that licensed off-site caterer.
(2) Subject to § 701 of this title, § 716 through § 718 of this title, and the Commissioner’s rules, alcoholic liquors may be brought onto the licensed premises no more than 24 hours before a private event starts and all alcoholic liquors must be removed from the premises no later than noon on the day after the private event ends.
(3) The private event licensee must have liability insurance, as determined by the Commissioner.
(4) The private event licensee is subject to the restrictions on the hours of sale of alcoholic liquors under § 709(c) of this title and the prohibition on sale of alcoholic liquors to an individual younger than 21 years old under § 708 of this title.
(5) Alcoholic liquors may not be consumed on the licensed premises between the hours of 1:00 a.m. and 8:00 a.m.
(6) There must be an adequate selection of food, as determined by the Commissioner, available at each private event while alcoholic liquors are being sold, served, or consumed. The food may be provided by the private event licensee or another person, including a caterer, an off-site caterer, or the customer.
(c) A private event licensee holding a biennial premises license must report each private event to the Commissioner as follows:
(1) The report must be in writing.
(2) The Commissioner must receive the report at least 10 business days before the date of the private event.
(3) The report must include all of the following information:
a. The time and date for the private event.
b. The number of guests invited to the private event.
c. If alcoholic liquors will be provided by the customer or an off-site caterer.
d. Any other information required by the Commissioner.
Section 4. Amend § 515A, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 515A. Licenses for bottle clubs [For application of this section, see 85 Del. Laws, c. 269, § 23].
(c) The Commissioner may grant a bottle club license only to the following:
(2) a. A person renting premises to customers for holding weddings or other social gatherings where there is adequate food, as determined by the Commissioner, provided by the customer or a caterer. The license permits the establishment to operate as a bottle club on every day of the week and on holidays, except between the hours of 2:00 a.m. and 9:00 a.m. during which time alcoholic liquors may not be consumed on the premises of the establishment. If a bottle club licensed under this paragraph (c)(2) has a function that utilizes a licensed off-site caterer, all alcohol must be provided by the licensed off-site caterer.
b. The Commissioner may not grant a bottle club license under paragraph (c)(2)a. of this section after [the effective date of this Act]. A person granted a bottle club license under paragraph (c)(2)a. of this section prior to [the effective date of this Act] may retain the bottle club license, unless revoked by the Commissioner under this title, and may transfer the bottle club license with the approval of the Commissioner, as provided in § 571 of this title.
Section 5. Amend § 554, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 554. License fees [Effective until Aug. 15, 2026].
(vv) For a private event license, the license fee is as follows:
(1) A single event license fee is $50 for each license granted.
(2) A biennial premises license fee is $1000.
§ 554. License fees [Effective Aug. 15, 2026; Effective until Aug. 15, 2030].
(vv) For a private event license, the license fee is as follows:
(1) A single event license fee is $50 for each license granted.
(2) A biennial premises license fee is $1000.
§ 554. License fees [Effective Aug. 15, 2030].
(vv) For a private event license, the license fee is as follows:
(1) A single event license fee is $50 for each license granted.
(2) A biennial premises license fee is $1000.
Section 6. This Act takes effect on enactment and is to be implemented the earlier of the following:
(1) Six months from the date of the Act’s enactment.
(2) Notice by the Alcoholic Beverage Control Commissioner published in the Register of Regulations that final regulations to implement this Act have been adopted.
SYNOPSIS
In Delaware, there are 44 event venues that host events like weddings and receptions. To host events where alcohol is served, event venues must have a bottle club license. Under § 101 of Title 4, a bottle club is defined as a business where customers “enter on the premises for the purpose of consuming alcoholic liquors” brought by the customers. This definition can make the pathway for licensure unclear for event venues with customers that enter on the premises for the purpose of hosting and attending private events that sometimes include alcohol. Only 8 of the event venues in Delaware have a bottle club license. Adding a license that allows venues to host events with alcohol would reduce regulatory confusion by creating a clear pathway for event venues to apply for licensure. Also, event venues or the venues’ customers often hire caterers to provide food and alcohol to event guests, but Delaware grants licenses to purchase and resell alcohol only to caterers with at least 60% of their gross receipts resulting from the sale of food. In practice, this requirement limits flexibility, raises costs, and complicates event planning. So long as a reasonable selection of food is available, allowing the Commissioner to grant a license to caterers to serve alcohol at private, invitation-only events without the requirement to serve food would provide more flexibility for event planners and event venues, help with collaboration, and saves on costs.
Adding a private event license and granting caterer licenses to provide alcohol at private events without requiring the caterer to also provide food would help eliminate gray areas in licensing and bring more events under the legal oversight of the Alcoholic Beverage Control Commissioner (“Commissioner”). These licensing changes would encourage economic activity in Delaware’s small business, event, and hospitality sections while ensuring public safety and maintaining accountability.
This Act adds a private event license under § 512I of Title 4 to replace the current bottle club license for private social gatherings under § 515A(c)(2) of Title 4. Bottle club licenses granted under § 515A(c)(2) of Title 4 prior to the Act’s enactment may be retained and transferred, as allowed by the Commissioner. A “private event venue” means an establishment operated for profit or pecuniary gain used for private events. A “private event” means an invitation-only event with up to 1,000 guests, like weddings, dinners, benefits, and banquets. The private event license allows the person in charge of a private event or the owner, lessor, or person in charge of a private event venue to hold a private event at which alcoholic liquors are provided for consumption on the licensed premises. The alcoholic liquors may be provided by an off-site caterer licensed under § 512(g) of Title 4 or the customer, the customer’s invited guests, or both. The private event license does not allow a licensee to receive, keep, or sell alcoholic liquors. A private event licensee is also subject to limitations on the hours when alcohol may be sold or consumed on the premises and how long alcohol may be on the premises before and after a private event. Also, private event licensees have certain requirements, including maintaining liability insurance; making sure that if a licensed off-site caterer is hired, only that licensed off-site caterer provides alcohol; not providing alcohol to an individual under the age of 21 years; and making sure that there is an adequate selection of food, as determined by the Commissioner, at each private event.
There are 2 types of private event licenses. A person may apply for a single event license that is valid only for the date and location specified in the application or a biennial premises license valid for any private event held on the licensed premises within a 2-year period. The fee for a single event license is $50 and the fee for a biennial premises license is $1,000. A private event licensee holding a biennial premises license must report each private event to the Commissioner at least 10 business days before the private event. The report must include the private event’s time and date, the number of guests invited, if the alcohol will be provided by an off-site caterer or the customer, and any other information required by the Commissioner.
This Act also allows the Commissioner to grant licenses to caterers and off-site caterers under § 512(g) of Title 4, without the requirement to sell food, only if caterers or off-site caterers provide alcohol at a private event held on licensed premises. At each private event, an adequate selection of food, as determined by the Commissioner, must be available while alcoholic liquors are sold, served, or consumed. The food may be provided by another person, including a private event licensee, another caterer, another off-site caterer, or the customer. If the caterer or off-site caterer is hired to provide alcoholic liquors at a private event, all alcoholic liquors sold, served, or consumed must be provided by that caterer or off-site caterer. And the caterer or off-site caterer must report each private event, as required by the Commissioner.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act takes effect on enactment and is to be implemented the earlier of the following:
1. Six months from the date of the Act’s enactment.
2. Notice by the Commissioner in the Register of Regulations that final regulations to implement this Act have been adopted.
This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
Author: Senator Buckson
