[Adopted 4-24-1992 by Ord. No. 272 (Ch. 60, Art. III, of the 1992 Code)]
No business license shall be issued for any bar in the Town of Bethany Beach.
[Added 2-16-2018 by Ord. No. 539]
No business license shall be issued for any liquor store in the Town of Bethany Beach that permits on-premises consumption of alcoholic liquor.
No business license shall be issued for any eatery that sells or proposes to sell alcoholic beverages for on-premises consumption.
No business license shall be issued for any restaurant or eatery with an outside service area unless the outside service area:
A. 
Is used for seated dining only.
B. 
Does not provide music or entertainment.
C. 
Is cleared of patrons by 11:00 p.m.
D. 
Is not adjacent to residentially zoned or residentially used property.
[Added 2-17-2017 by Ord. No. 528]
The purchase, sale and dispensing of alcoholic beverages in a hotel shall fully comply with Delaware’s Regulation Title 4, Alcoholic Liquors, Chapter 5, License and Taxes, Subchapter II, Purchase, Sale and Dispensing.
[Amended 2-17-2017 by Ord. No. 528]
No restaurant and hotel shall be issued a business license unless it meets the standards set forth in the definition of a “restaurant” and a “hotel” contained in § 217-10 of this article.
[Amended 5-19-1995 by Ord. No. 292; 6-23-1995 by Ord. No. 295]
A. 
Restaurants and eateries in existence and providing food service prior to the original enactment of this article III (April 24, 1992). Any restaurant or eatery in existence and providing food service prior to the original enactment of this article III (Ordinance No. 272, enacted April 24, 1992) shall be entitled to continue licensed operations with the same floor plan, configuration and patron area (including the areas for seated dining and stand-up consumption of alcohol) as was in existence prior to the date this article III was first enacted, subject to the conditions set out in Subsection C hereafter.
B. 
Restaurants in existence and providing food service prior to the effective date this article III was amended to prohibit the stand-up consumption of alcoholic liquor (June 23, 1995). Any restaurant in existence and providing food service prior to the effective date this article III was amended to prohibit the stand-up consumption of alcoholic liquor (June 23, 1995) shall be entitled to continue licensed operations with the same floor plan, configuration and patron area (including the areas for seated dining and stand-up consumption of alcohol) as was in existence prior to the date this article III was amended to prohibit the stand-up consumption of alcohol, subject to the conditions set out in Subsection C hereafter.
C. 
Requirements to establish nonconforming status; alterations, modifications, rearrangements and changes to internal floor plan.
(1) 
In order to establish its nonconforming status, any restaurant or eatery qualifying for such status shall (in compliance with Article III of Chapter 217 prior to the amendment prohibiting the stand-up consumption of alcoholic liquor) have on file with the Town Manager's office a scaled floor plan, architectural drawings or other suitable documentation sufficient to establish the preexisting floor plan, configuration and patron area (including the areas designated for seated dining and stand-up consumption of alcohol).
(2) 
The owner/operator shall be permitted to alter, modify, rearrange or otherwise change the internal floor plan, configuration and patron area (including the areas designated for seated dining and stand-up consumption of alcohol), provided that:
(a) 
The percentage of patron area devoted to seated dining is not decreased.
(b) 
The percentage of patron area devoted to stand-up consumption of alcohol is not increased.
(c) 
The total amount of floor space devoted to stand-up consumption of alcohol is not increased.
(d) 
The total enclosed floor or ground area of an existing outside service area is not increased.
D. 
For purposes of this article III, a "restaurant or eatery in existence and providing food service" prior to the dates specified in Subsections A or B above shall include restaurants or eateries that were in previous existence and operation but which may have been temporarily closed for business during the off season.
E. 
Except as provided in Subsection C above, no license shall be issued for a restaurant or eatery which is expanded, enlarged, altered, modified, rearranged or otherwise changed unless such establishment conforms to the standards set out in the definition of a restaurant contained in § 217-10 of this article.
For purposes of this article, these words shall be defined as follows:
ALCOHOLIC LIQUOR
Includes the four varieties of liquors defined in 4 Del. C. § 101 (alcohol, spirits, wine or beer), as that statute may from time to time hereafter be amended, or in accordance with any future corresponding provision of law, as well as every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any liquid or solid containing more than one of the four varieties defined in such statute shall be considered as belonging to that variety which usually has the higher percentage of alcohol. A concentrated alcoholic beverage shall be an "alcoholic liquor" for the purposes of this article.
[Added 5-19-1995 by Ord. No. 292; amended 6-23-1995 by Ord. No. 295]
BAR
A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. "Bars" include taverns, taprooms, nightclubs, lounges, cabarets, private clubs, bottle clubs and similar facilities serving alcoholic beverages. "Bars" are not allowed in the Town of Bethany Beach.
COMPLETE MEAL
The sale of alcoholic liquors by a restaurant shall be considered as a supplement and secondary to the original and primary purpose of furnishing food. The service of only such food victuals as sandwiches or salads shall not be deemed to be the service of "complete meals." "Complete meals" shall mean the normal and customary meals provided at breakfast, lunch and dinner, offered from menus consisting of but not limited to breakfast foods, soups, appetizers, entrees, salads, vegetables, deserts and nonalcoholic beverages. Restaurants licensed by the Delaware Alcoholic Beverage Control Commission to sell beer only or wine only shall be required to furnish at least two of the four following accompaniments to meals: appetizers, soups, salads and vegetables.
[Added 5-19-1995 by Ord. No. 292; amended 6-23-1995 by Ord. No. 295]
EATERY
A commercial enterprise whose primary activity is walk-up or carry-out food service. Alcoholic beverages shall not be served. If indoor seating is provided, it shall be limited to a maximum of 35 patrons.
HOTEL
Any establishment provided with special space and accommodation, where in consideration of payment, food and lodging are habitually furnished to travelers. Such special space and accommodation shall be interpreted as meaning the availability of 10 or more rooms for sleeping purposes for travelers and a dining room having a seating capacity at one time for at least 30 travelers. A hotel shall serve three regular meals each day during the hours of 8:00 a.m. and 10:00 a.m. (breakfast), 11:00 a.m. and 2:00 p.m. (lunch) and 5:00 p.m. and 9:00 p.m. (dinner). There shall be a lobby having at least 150 square feet of floor space and there shall be separate toilet accommodations for males and females on each sleeping floor. There shall also be adequate and sanitary kitchen and dining room equipment and an approved storage space where alcoholic liquor may be stored. A hotel shall be advertised as such. A state or county license to operate the premises as a hotel shall also be issued and in possession of the applicant prior to the issuance of the license and at all times thereafter during the term of the license.
[Added 2-17-2017 by Ord. No. 528]
LIQUOR STORE
A commercial retail store whose primary activity is the sale of alcoholic liquor to be consumed off the store's premises.
[Added 2-16-2018 by Ord. No. 539]
OUTSIDE SERVICE AREA
A porch, patio, deck or area of land which is not within the permanent, outside walls of a restaurant or eatery and which is used for seated dining only, provided that there shall be no stand-up consumption of alcoholic liquors, no music or entertainment is permitted, the area is cleared of patrons by 11:00 p.m. and no outside service areas shall be permitted adjacent to residential property.
PATRON AREA
That area of a restaurant establishment open to the public, and exclusive of kitchen and storage area.
RESTAURANT
A commercial establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating and tables for dining for not fewer than 35 persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook, subject to the following requirements:
[Amended 5-19-1995 by Ord. No. 292; 6-23-1995 by Ord. No. 295]
A. 
A minimum of 85% of the patron area exclusive of rest rooms must be permanently committed to seated dining.
B. 
Except for a waiting area bar, no portion of the patron area shall be designated, designed or permitted to be used for the stand-up consumption of alcoholic liquor.
[Amended 7-23-2004 by Ord. No. 385; 4-15-2005 by Ord. No. 395]
C. 
Except for a waiting area bar, in those portions of the patron area designated, designed and/or used for seated dining, alcoholic liquor may be served to seated dining patrons only.
[Amended 7-23-2004 by Ord. No. 385; 4-15-2005 by Ord. No. 395]
D. 
All tables and chairs, booths, benches and other seated dining arrangements shall be maintained and located in an accessible and usable configuration at all times.
E. 
No more than one service bar shall be permitted per 750 square feet of seated dining area.
F. 
A "restaurant" shall be advertised as such and the word "restaurant" shall be used on the menu, in all outside advertising and in the trade name.
SEATED DINING
That portion of the patron area designated and used primarily for the service and consumption of food while seated at tables and chairs or booths.
SEATED DINING PATRON
A customer of a restaurant who is seated in the seated dining portion of the patron area for the purpose of ordering and consuming food served by the restaurant.
[Added 5-19-1995 by Ord. No. 292; amended 6-23-1995 by Ord. No. 295]
SERVICE BAR
A bar, countertop, table, platform or other substantially flat surface, not exceeding five feet in length, behind and upon which alcoholic liquor and beverages are prepared by employees of the restaurant for delivery to seated dining patrons by employees of the restaurant. Restaurant patrons shall not be served alcoholic liquor at any service bar.
[Added 5-19-1995 by Ord. No. 292; amended 6-23-1995 by Ord. No. 295]
STAND-UP CONSUMPTION OF ALCOHOLIC LIQUOR
The consumption of alcoholic liquor by any person other than at a waiting area bar or a seated dining patron in the seated dining area of a restaurant. Except for those restaurants and eateries qualifying under § 217-9, the stand-up consumption of alcoholic liquor in a restaurant is prohibited.
[Amended 5-19-1995 by Ord. No. 292; 6-23-1995 by Ord. No. 295; 7-23-2004 by Ord. No. 385; 4-15-2005 by Ord. No. 395]
WAITING AREA BAR
A bar, countertop, table, platform, or other substantially flat surface, with stools or chairs to seat patrons being served at such waiting area bar, not exceeding, in the aggregate, 40 lineal feet from end to end, and behind or upon which alcoholic beverages are prepared by employees of the restaurant and served to patrons seated at such waiting area bar, with or without the accompaniment of food. No waiting area bar, including all cabinets, counters, and floor area behind the bar and including all floor area located on the patron side of the waiting area bar four feet distant from the patron side thereof, shall exceed 450 square feet of patron area. Additionally, no waiting area bar shall:
[Added 7-23-2004 by Ord. No. 385; amended 4-15-2005 by Ord. No. 395]
A. 
Exceed the smaller of:
(1) 
Five percent of the restaurant's total seating capacity; or
(2) 
Stools, seats, benches, or other seating facilities to accommodate more than 16 patrons.
B. 
Serve any beverage (alcoholic or nonalcoholic) to any patron not seated at the waiting area bar;
C. 
Serve any beverage (alcoholic or nonalcoholic) not accompanied by a meal to any patron when there is adequate seating available at tables in the seated dining patron area of the restaurant. A "meal," for purposes of this subsection, shall consist, at minimum, of any entree or a combination of any two of the following menu choices: appetizer, soup, salad, or dessert.
D. 
Be located in any outside service area.
[Added 5-19-1995 by Ord. No. 292; amended 6-23-1995 by Ord. No. 295]
A. 
Except in those restaurants and/or eateries qualifying under § 217-9, the stand-up consumption of alcoholic liquor is prohibited in all restaurants in the Town.
B. 
Any customer or patron of a restaurant violating this article shall, upon conviction, pay a fine as set out in Chapter 1, General Provisions, Article I, Penalties.
[Amended 2-17-2006 by Ord. No. 407]
C. 
Any restaurant that serves any patron alcoholic liquor in violation of this article, or whose employees knowingly permit any patron to consume any alcoholic liquor in violation of this article shall, upon conviction, be subject to a fine as set out in Chapter 1, General Provisions, Article I, Penalties, which fine may be in lieu of or addition to the enforcement remedies provided in § 217-12; provided, however, that if any court of competent jurisdiction shall determine that such monetary penalty shall be in direct conflict with that established by any governing state law, the monetary penalty for violation of this article shall be as established by state law.
[Amended 2-17-2006 by Ord. No. 407]
D. 
A restaurant's employees shall be deemed to knowingly permit a patron to consume alcoholic liquor in violation of this article where such violation occurs in the presence or view of one or more restaurant employees and:
(1) 
Such patron is not instructed by restaurant employees to be promptly seated in the seated dining area or leave the alcoholic liquor at the table; and
(2) 
Such patron is not ordered to surrender his or her alcoholic liquor upon failing to comply with such instructions.[1]
[1]
Editor's Note: Former Subsection E, Sunset provision for waiting area bars, which immediately followed this subsection, was repealed 10-21-2005 by Ord. No. 398.
A. 
In the event that the Town Manager determines, at any time, that an establishment engaged in the sale of alcoholic liquors for on-premises consumption violates any of the provisions of this article, he or she shall notify the owner/operator of such premises of that determination, in writing, and order such owner/operator to show cause why the business license for such premises should not be revoked at a hearing before the Town Manager to be held at a specified date and time not less than five and no more than 10 business days subsequent to the date of such notice. In the event that the Town Manager determines, at such hearing, that the owner/operator has failed to show just cause why the license should not be revoked, he or she shall notify the owner/operator, in writing, of such determination and the reasons therefor and shall revoke the license and issue a cease-and-desist order, which shall be effective from the time it is delivered to the owner/operator. The owner/operator of such establishment may thereafter appeal the Town Manager's decision to the Town Council at a de novo hearing to be held at the next Town Council meeting. No such appeal shall act to stay the license revocation or the cease-and-desist order unless the owner/operator posts an appeal bond in the penal sum of $1,000 (in cash or certified check) with the Town, which amount shall be forfeited to the Town in the event that the Town Council affirms the Town Manager's action to revoke the license and issue a cease-and-desist order.
B. 
The Town may proceed to enforce any such license revocation or cease-and-desist order by any or all of the following remedies: imposition of civil penalties under Chapter 102, Business Licensing, § 102-11, injunctive relief in the Court of Chancery or complaint to the Delaware Alcoholic Beverage Control Commission.