As has been reported by many outlets, Rep. Debra Heffernan, D-Edgemoor on Thursday introduced House Bill 31, which would essentially allow growler sales in the state of Delaware. As it appears to us, growlers can be sold by any authorized establishment that has an off premises license, with the additional purchase of a $150 license that would be good for two years.
The interesting thing is that the original wording of the Bill covers restaurants with an off premise license, so by extension this bill might cover them as well. Of course the only restaurant I know of off the top of my head that has an off premise license is Jessup’s Tavern in Historic New Castle. It will be interesting to see how this plays out.
Full Bill below:
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 §516(a), Title 4 of the Delaware Code by making insertions as shown by underlining as follows:
§ 516. Consumption off premises of hotel, restaurant, club, store or taproom.
(a) Any person in charge of a hotel, restaurant, club or store (other than a grocery, delicatessen or cigar store), whether owner, lessee or manager, and recognized as such by the Commissioner, may apply to the Commissioner for a license to purchase and to keep and sell and deliver on the premises only spirits, wine or beer by the bottle or half bottle only, but not for consumption on the premises where sold, or in any dependency thereof. All bottles so sold shall be delivered to the purchaser and shall be removed from the premises where sold with the seals of such bottles unbroken, with the exception of those licenses that are approved by the Commissioner for a Growler Filler permit which allows a licensee to purchase beer by the keg or partial keg and fill containers at time of purchase which will then be capped to leave the licensed premises for consumption off of the premises. For purposes of issuing a new license under this section, all establishments licensed for the sale of alcoholic liquors, but not for consumption on the premises where sold, shall be considered as being of the same type; provided, however, this shall not apply to the transfer of ownership or the renewal of an existing license.
(oo) For a Growler Filler permit as provided in §516(a) of this title, the biennial license fee shall be $150.
This Act permits off-premises consumption licensees who obtain a Growler Filler permit to purchase kegs or partial kegs from wholesalers and fill and cap containers for the customer to consume off of the premises where sold.