4 Del. Admin. Code § 703-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 703-4.0 - Prohibition on Drive-In and Walk-Up Windows

4.1 It is the finding of the Commissioner that the use of drive-in and walk-up windows or counters by establishments licensed for off-premises consumption present substantial risks to public safety and law enforcement personnel that outweigh the convenience they offer consumers.

4.2 Specifically, the Commissioner finds the following risks associated with drive-in and walk-up windows:

4.2.1 Licensee compliance with proper identification procedures and detection of intoxicated patrons is encumbered by the presence of glass partitions, increased distance, angle of view (between the window and parked vehicle), poor lighting, and automobiles.

4.2.2 Law enforcement surveillance personnel cannot adequately view patrons sitting in automobiles for the purpose of assessing age and condition of sobriety.

4.2.3 The danger to law enforcement personnel is substantially increased when suspected liquor law violators are in a motor vehicle. The potential flight of violators also constitutes an increased risk to the public.

4.2.4 The practice of drivers purchasing alcoholic liquor without leaving their vehicle creates a public perception that tends to frustrate the state's goal of promoting highway safety and reducing drunk driving.

4.3 The Commissioner, therefore, will not accept or approve an application for an alcoholic liquor license, or a request for an alteration in the case of an existing license, wherein the accompanying floor plan includes either a drive-in or walk-up window or counter; however, this prohibition shall not apply to the transfer of ownership in any of the forms covered by Rule 301 (Formerly Rule 3) or renewal of an existing license.

4 Del. Admin. Code § 703-4.0

19 DE Reg. 775 (02/01/16)