For the reasons stated below, we believe the answer to both of these questions is no.
1. Neither the Act nor ABCC rules requires restaurants to admit persons of all ages.
Neither the Act nor the ABCC rules includes any provision which expressly requires a restaurant to admit persons of all ages for purposes of food consumption.
As to the Act, 4 Del. C. 512 authorizes the ABCC to grant to a restaurant a license to sell alcohol. A restaurant is defined as:
any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration, and which has seating at tables for 35 or more persons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of 'meals.'
4 Del. C. 101(29). While the Act imposes a number of requirements on a licensed restaurant1, it says nothing about whether such a licensee must admit persons of all ages for the
1 The Act imposes restrictions on a restaurant's right to have a cover charge, 512(e); its floorplan, 543(b)(8); the portion of its gross receipts which represent sales of meals versus sales of liquor, 543(b)(9); the persons to whom it may sell alcohol, 708; and the times at which it may sell alcohol, 709(d).
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