[Amended 9-15-2023 by Ord. No. 0923-03]
A. Except as provided in Subsection
B, authority to utilize outdoor dining areas on public space is by license issued by the Board of Commissioners.
B. If the applicant is currently a party to a license agreement with the City for outdoor dining on public space and wishes to modify the previously approved outdoor dining area on public space, they must submit a new license application for outdoor dining on public space and shall comply with all provisions of this chapter and the Design Manual for Outdoor Dining on Public Space in effect at the time of reapplication. Such licenses for outdoor dining on public space may be issued by the City Manager and are not subject to the nonrefundable fee of $150 detailed in §
215-24A. However, this subsection will not apply if the City Manager, pursuant to §
215-31, previously suspended an outdoor dining license held by the applicant. In unique circumstances, the City Manager may require the property owner to obtain a new license agreement from the Board of Commissioners.
C. The duration of a license agreement with the City for outdoor dining on public space shall be determined by the Board of Commissioners. If a license is issued by the City Manager pursuant to §
215-23B, the duration of the license shall be determined by the City Manager.
D. Issuance of a license to establish an outdoor dining area on public
space is based on compliance with the City of Rehoboth Beach Design
Manual for Outdoor Dining on Public Space, which is kept on file at
the Building and Licensing Department, and which is incorporated into
this code.
E. The City Manager may revoke a license when the City desires to use
the area for a different purpose, or for failure to maintain compliance
with this chapter, or for failure of an establishment to observe a
City ordinance.
F. The Building and Licensing Department will conduct a design review
of the proposed outdoor dining area to verify the design is safe,
that the materials are suitable, and that the design will not damage
or restrict access to existing sidewalks, street trees or other infrastructure.
G. The Building and Licensing Department will review the cumulative
impact to the general area to verify that adequate space remains for
the other sidewalk functions that exist at and around the site.
[Amended 9-15-2023 by Ord. No. 0923-03]
A. A nonrefundable fee of $150 shall accompany any new application for
a license for outdoor dining on public space. Upon granting of the
license, the applicant shall pay an additional annual nonrefundable
fee of $325. Fees will not be prorated.
B. Renewal licenses issued by the City Manager pursuant to §
215-23B are not subject to the nonrefundable fee of $150 detailed in §
215-24A.
The Building and Licensing Department maintains a "City of Rehoboth
Beach Design Manual for Outdoor Dining on Public Space." The Design
Manual is incorporated into this article by reference, and no outdoor
dining area on public space shall be approved unless it conforms to
the Design Manual. A copy of the manual is kept on file at the Building
and Licensing Department.
[Amended 9-15-2023 by Ord. No. 0923-03]
The following criteria are the minimum criteria for an applicant
to be eligible for a license to provide outdoor dining on public space.
However, satisfaction of the following does not necessitate the issuance
of a license:
A. A current City-issued business license.
B. An approved or pending permit of compliance for indoor food service
operation, if serving alcohol.
C. A completed outdoor dining on public space license application. This
application must contain a two-dimensional drawing to scale depicting
the outdoor dining proposed, including the details of construction,
table layout, and service isle, and include a scaled drawing showing
the area from building façade to the street (or streets, for
a corner property), including details within the buffer as defined
in the Design Manual for Outdoor Dining on Public Space as "the area
between the curbline and the pedestrian access route, which may contain
obstacles such as ADA access ramps, benches, bike racks, brick, crosswalks,
fire hydrants, grass, news racks, parking meters, pavers, planter
boxes, stone, streetlights, street signs, street trees, transformers,
tree wells, utility poles, etc." The outdoor dining proposed must
meet all of the criteria contained within the City of Rehoboth Beach
Design Manual for Outdoor Dining on Public Space, prepared by an architect
or engineer.
[Amended 2-16-2024 by Ord. No. 0224-01]
D. Restaurants using dining areas on public space must meet all codes
and regulations of all City, state, and federal agencies, including
but not limited to City of Rehoboth Beach Code, State Fire Code, State
Department of Public Health, and the Americans with Disabilities Act.
E. Applications for outdoor dining areas on public space that will include
alcohol service will additionally require approval by the OABCC. The
City license becomes effective upon licensing by the OABCC.
F. The outdoor dining license shall not become effective until the applicant
files with the City a certificate of liability insurance confirming
that the applicant has procured a policy of commercial general liability
insurance issued by an insurance company authorized to do business
in the state of Delaware. The policy shall provide in substance that
the insurer will defend against all claims and lawsuits which arise
and will pay any final judgment of a court of competent jurisdiction
against the City, its officers, agents, or employees. The insurance
shall provide coverage in an amount of not less than $1,000,000 for
each single occurrence. The policy of insurance shall name both the
applicant and the City of Rehoboth Beach as insured parties to the
full amount of the policy limits. If the policy is not kept in full
force and effect throughout the term of this sidewalk dining license,
the license may be terminated by the City upon providing written notice
of termination to applicant.
G. The owner or operator shall execute an indemnification agreement
indemnifying the City for all claims arising from the operation of
an outdoor dining area on public property.
The restaurant owner/operator will be responsible for maintaining
the sidewalk within or adjacent to the dining area in a clean and
orderly manner. All food or drink spills, and trash of any kind, must
be immediately removed from the sidewalk area. Outdoor dining trash
must be collected and deposited in private trash receptacles, and
not placed in City trash receptacles.
The City Code Enforcement Officer shall be responsible for monitoring
and assuring compliance with this article.
Appeals of the denial of a license authorizing establishment
of an outdoor dining area on public space shall be in writing to the
City Manager. The written appeal shall include a statement describing
the provision of this article alleged to have been misapplied by the
City.