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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
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[Adopted 5-19-1995 by Ord. No. 293; amended in its entirety 6-23-1995 by Ord. No. 296 (Ch. 60, Art. IV, of the 1992 Code)]
No holder of a license issued by the Delaware Alcoholic Beverage Control Commission for the sale of alcoholic liquor for consumption on the premises in a hotel or restaurant to which such license pertains shall sell or dispense the same between the hours of 11:30 p.m. and 9:00 a.m. within the corporate limits of the Town of Bethany Beach.
No holder of a license described in § 217-13 of this article shall permit the consumption of any alcoholic liquor on the premises to which this license pertains between the hours of 12:00 midnight and 9:00 a.m.
[Amended 2-17-2017 by Ord. No. 528]
A. 
Hotels that offer room service and/or have conference facilities in which alcohol is provided shall not be permitted to sell or dispense alcoholic beverages from 1:00 a.m. to 9:00 a.m.
B. 
Anything in this article to the contrary notwithstanding, on New Year's Eve of each year (i.e., the evening of December 31 and the early morning hours of January 1), the closing hours for the sale and consumption of alcoholic liquors in hotels and restaurants in the Town shall be 1:00 a.m. for the sale of alcoholic liquor and 2:00 a.m. for consumption, unless earlier closing hours are established by state statute.
A. 
Any violation of this article shall be punishable, upon conviction, by a fine as set out in Chapter 1, General Provisions, Article I, Penalties. Each container of alcoholic liquor sold, dispensed or consumed (in whole or in part) in violation of this article shall be deemed to be a separate offense; 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]
B. 
In addition to or in lieu of seeking monetary civil penalties as authorized under Subsection A above, the Town may seek injunctive relief in any court of competent jurisdiction, file a complaint before the Delaware Alcoholic Beverage Control Commission seeking revocation or suspension of the violator's alcoholic liquor license or other appropriate sanction as determined by the Commission and/or revoke or suspend the violator's Town business license pursuant to the procedures set out in Subsection C.
C. 
In the event that the Town Manager determines, at any time, that an establishment engaged in the sale of alcoholic liquor for on-premises consumption is violating any of the provisions of this article, he or she shall notify the owner/operator of such premises of that determination, in writing, state the basis therefor and order such owner/operator to show cause why the business license for such premises should not be suspended or revoked at a hearing before the Town Manager to be held at a specified date and time not less than two and no more than five calendar days subsequent to the date of such notice. At such hearing, the Town Manager shall confront the owner/operator with evidence of said violation(s) and provide the owner/operator the opportunity to respond to such charges. In the event that the Town Manager then concludes that the owner/operator has failed to show just cause why the license should not be suspended or revoked, he or she shall notify the owner/operator, in writing, of such determination and the reasons therefor and shall suspend or revoke the license and issue a cease-and-desist order, which order shall be effective from the time it is delivered to the owner/operator.
D. 
No suspension or revocation of a license hereunder shall be for less than one day nor more than three summer months (June, July and August); and the length of such suspension or revocation shall be based upon a reasonable consideration of the nature of the violation(s) and whether or not it was a first, second or subsequent offense.
E. 
The owner/operator of such establishment may thereafter appeal the Town Manager's decision, in writing, 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 suspension or the cease-and-desist order unless the owner/operator posts an appeal bond in the penal sum of $5,000 (in cash or certified check payable to the Town) with the Town, which amount shall be forfeited to the Town in the event that the Town Council affirms the Town Manager's action and determines that such appeal was without merit and made for the primary purpose of delay and such decision of the Town Council is not reversed upon review by any court of competent jurisdiction.