[HISTORY: Adopted by the Mayor and Council of the Town of Rock Hall 6-1-2020 by Ord. No. 2020-02. Amendments noted where applicable.]
Subject to the limitations set forth in § 205-2 herein, the Town Manager or his designee is authorized to issue a permit temporarily relaxing or waiving certain provisions and requirements of the Town Code regarding the service of food and beverages in outdoor seating areas by food service establishments and clubs within the corporate limits of the Town (a "temporary outdoor dining permit"). The Council adopts the form entitled "Outdoor Dining Application for Food Service Facilities" issued by the Kent County Health Department as the application form for a permit hereunder.
A. 
Any temporary outdoor dining permit issued hereunder shall be subject to, and comply with, the following:
(1) 
Prior consultation with, and any directives or orders issued by, the Kent County Health Department, including, but not limited to, the Updated Interim Guidance for Outdoor Dining updated on May 28, 2020, and as further amended and updated;
(2) 
The provisions of any executive order of the Governor of Maryland related to the COVID-19 pandemic;
(3) 
Applicable directives of the Maryland Secretary of Health;
(4) 
Applicable social distancing guidance published by the Centers for Disease Control and the Maryland Department of Health;
(5) 
Applicable federal, state, and Kent County permits and licenses; and
(6) 
Any conditions or limitations that the Council or Town Manager may require.
B. 
In the event of a conflict between any temporary outdoor dining permit issued hereunder and any provision of Subsection A(1) through (6) above, the latter shall be deemed to control.
Only those food service establishments and clubs that may serve food and beverages to customers for consumption in outdoor seating areas under the May 27 executive order, as may be amended, are eligible to apply for and be issued a temporary outdoor dining permit.
All holders of a temporary outdoor dining permit issued hereunder shall require all staff to wear a face covering, as defined in the Governor of Maryland's April 15 executive order, as may be amended.
Alcoholic beverages may only be sold, served, or consumed in any outdoor dining area covered under a temporary outdoor dining permit with prior written authorization from the Kent County Board of License Commissioners and any other local or state agency having jurisdiction over alcoholic beverages in the State of Maryland and in accordance with any conditions imposed thereby and the Alcoholic Beverages Article of the Annotated Code of Maryland.
A. 
All temporary outdoor dining permits issued hereunder shall expire immediately upon the expiration of the May 27 executive order, as may be amended, and the holder shall then have 48 hours to become compliant with the provision(s) or requirement(s) of the Town Code regarding the service of food and beverages in outdoor seating areas that was temporarily relaxed or waived.
B. 
The Town Manager and/or the Council may revoke a temporary outdoor dining permit issued hereunder where the food service establishment or club to which the permit has been issued fails to comply with any of the provisions of this chapter or when, in the discretion of the Town Manager and/or the Council, such revocation is necessary to protect the public health, safety, and welfare.
This chapter may be revised or amended from time to time as needed in the discretion of the Council.