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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
2026-06-11
Official status
Senate Banking, Business, Insurance & Technology 6/11/26
Effective date
Not listed

Plain English Breakdown

The bill text references an effective date contingency ('Effective until meeting the contingency...') which creates uncertainty about when these changes take effect without reading the referenced external law.

HB433: Allowing Local Governments to Extend Alcohol Sale Hours

This bill allows counties and cities in Delaware to pass local rules that let bars, restaurants, and clubs sell alcohol until 2:00 a.m. instead of the current state limit.

What This Bill Does

  • Allows counties or municipalities to extend closing hours for on-premises alcohol sales from 1:00 a.m. to 2:00 a.m. through an ordinance.
  • Permits local governments to set earlier closing times than the state default if they choose.
  • Confirms that businesses can sell alcohol every day of the year but are not required to open on Sundays, Thanksgiving, Easter, or Christmas.

Who It Names or Affects

  • Bars, restaurants, and clubs in Delaware with licenses for selling alcoholic liquor for consumption on the premises.
  • County governments and city councils that may choose to change local alcohol sale hours.

Terms To Know

Ordinance
A law or rule made by a county or city government.
Licensee
A person or business that has official permission to sell alcohol for consumption on the premises where sold.

Limits and Unknowns

  • The bill does not force any town or county to change its hours; they can choose to keep current limits.
  • The text includes a note about an effective date contingency in another law (82 Del. Laws, c. 193) that is not explained here.

Bill History

  1. 2026-06-11 Delaware General Assembly

    Passed By House. Votes: 38 YES 1 NO 2 ABSENT

  2. 2026-06-11 Delaware General Assembly

    Assigned to Banking, Business, Insurance & Technology Committee in Senate

  3. 2026-06-10 Delaware General Assembly

    Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 2 Favorable, 6 On Its Merits

  4. 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, Berry, Lambert; Sens. Sturgeon, Pinkney

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.