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HB433 • 2025

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE SALE OF ALCOHOLIC LIQUOR.

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE SALE OF ALCOHOLIC LIQUOR.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Ortega
Last action
2026-05-21
Official status
House Economic Development/Banking/Insurance & Commerce 5/21/26
Effective date
Not listed

Plain English Breakdown

The official source does not provide information about holidays and business requirements.

Act Allowing Extended Liquor Service Hours

This act allows cities or counties in Delaware to extend the hours when bars, restaurants, and clubs can serve alcohol from 1:00 a.m. until 2:00 a.m.

What This Bill Does

  • Allows municipalities or counties in Delaware to change liquor service hours for businesses that sell alcohol on-site.
  • Businesses like bars, restaurants, and nightclubs can stay open an extra hour past midnight if local rules allow it.

Who It Names or Affects

  • Municipalities and counties in Delaware
  • Businesses that sell alcohol on-site, such as bars, restaurants, and nightclubs

Terms To Know

Licensee
A business or person who has a permit to sell alcoholic drinks.
On-premises consumption
Drinking alcohol at the place where it is sold, like in a bar or restaurant.

Limits and Unknowns

  • The act does not force any city or county to extend liquor service hours; they can choose.
  • It only allows extending closing times by one hour until 2:00 a.m.; earlier closing is still possible.

Bill History

  1. 2026-05-21 Delaware General Assembly

    Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE SALE OF ALCOHOLIC LIQUOR.
This Act allows municipalities or counties in Delaware to extend alcoholic liquor service hours for bars, restaurants, and clubs from 1:00 a.m. to 2:00 a.m.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Ortega & Sen. Lockman

Reps. K. Johnson, S. Moore; Sen. Sturgeon

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 433

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE SALE OF ALCOHOLIC LIQUOR.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 709, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 709. Prohibition of sales and delivery at certain times [Effective until meeting the contingency in 82 Del. Laws, c. 193, § 5].

(c)

(1) Except as provided by paragraph (c)(2) of this section, no

No

holder of a license for the sale of alcoholic liquor for on-premises consumption shall sell the same between the hours of 1:00 a.m. and 8:00 a.m.

The closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic liquors by a licensee for consumption on the premises where sold shall be permitted on every day of the year; provided, that no licensee shall be required to be open to sell alcoholic liquors on Sundays, Thanksgiving, Easter or Christmas.

(2) A county or municipality may make the closing hour earlier or extend the closing hour until 2:00 am by county or municipal ordinance.

(3) The sale of alcoholic liquors by a licensee for consumption on the premises where sold is be permitted on every day of the year; provided that no licensee shall be required to be open to sell alcoholic liquors on Sundays, Thanksgiving, Easter, or Christmas.

Section 2. Amend § 709, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 709. Prohibition of sales and delivery at certain times [Effective upon meeting the contingency in 82 Del. Laws, c. 193, § 5].

(c)

(1) Except as provided by paragraph (c)(2) of this section, no

No

holder of a license for the sale of alcoholic liquor for on-premises consumption shall sell the same between the hours of 1:00 a.m. and 8:00 a.m.

The closing hour may be made earlier in any municipality by ordinance of the municipal corporation. The sale of alcoholic liquors by a licensee for consumption on the premises where sold shall be permitted on every day of the year; provided, that no licensee shall be required to be open to sell alcoholic liquors on Sundays, Thanksgiving, Easter or Christmas.

(2) A county or municipality may make the closing hour earlier or extend the closing hour until 2:00 am by county or municipal ordinance.

(3) The sale of alcoholic liquors by a licensee for consumption on the premises where sold is permitted on every day of the year; provided that no licensee shall be required to be open to sell alcoholic liquors on Sundays, Thanksgiving, Easter, or Christmas.

SYNOPSIS

This Act allows municipalities or counties in Delaware to extend alcoholic liquor service hours for bars, restaurants, and clubs from 1:00 a.m. to 2:00 a.m.