Donald J. Bowman, Sr., Director
Division of Alcoholic Beverage Control
Carvel State Office Building
820 N. French Street, 3rd floor
Wilmington, DE 19801
Re: Age Admission Policies of Restaurants Licensed Under Title 4
Dear Director Bowman:
You have asked two questions regarding whether restaurants which are licensed by the Alcoholic Beverage Control Commission (the "ABCC") may adopt a policy of refusing admission to persons under the age of 21 who are not accompanied by a parent or guardian. First, you ask whether the Liquor Control Act, 4 Del. C. § 101 et seq. (the "Act"), or ABCC rules require a restaurant to admit all persons, regardless of age, for the purposes of food consumption. Second, you ask whether adoption of such a policy warrants cancellation or suspension of a restaurant's license under the "public convenience or necessity" standard in § 561(b)(11) of the Act.