A. 
The provisions of this article apply to all restaurants in the municipal boundaries of the City of Rehoboth Beach.
B. 
Restaurants that comply with all provisions of this article, and satisfy any other requirements established by the City may apply for a license to locate outdoor dining areas on public space.
[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; 11-21-2025 by Ord. No. 1125-01]
A. 
A nonrefundable fee 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. The application fee and annual fee are established in the City Schedule of Fees and Penalties.[1] Fees will not be prorated.
[1]
Editor's Note: The City Schedule of Fees and Penalties is on file in the City offices.
B. 
Renewal licenses issued by the City Manager pursuant to § 215-23B are not subject to the nonrefundable fee 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.
A. 
Outdoor dining areas on public space must comply with the use restrictions specified in § 270-19B.
(1) 
Food and beverages may be served only to seated patrons and no patrons may wait in the outdoor dining area for seating.
(2) 
There shall be no live entertainment in the outdoor dining area.
(3) 
There shall be no external speakers or amplifiers in the outdoor dining area and no internal speakers from the premises are to be directed to the outdoor dining area.
(4) 
There shall be no bar in the outdoor dining area.
(5) 
There shall be no food and or beverage preparation in the outdoor dining area.
(6) 
There shall be a physical barrier around the perimeter of the dining patio no less than 42 inches high constructed of wood, concrete, plastic, wrought iron, dense vegetation or other approved material such that entry and exit will be restricted to no more than two discrete locations.
A. 
Outdoor dining may be suspended by the City Manager for community or special events, utility, sidewalk or road repairs, or emergency situations or violation of provision contained in this chapter. The length of the suspension will be for a duration as determined necessary by the City Manager.
B. 
When the outdoor dining area is closed for the season:
(1) 
The PAR is to be maintained clear of snow.
(2) 
The dining patio is not to be used for storage of materials other than tables and chairs. Tarps or other covers shall not be permitted.
(3) 
Operational items, e.g., hostess and menu stands, usually placed outside of the designated outdoor dining area, shall be removed.
The City Code Enforcement Officer shall be responsible for monitoring and assuring compliance with this article.
A. 
An outdoor dining license is conditional at all times.
B. 
Noncompliance with any of the provisions in the article shall constitute grounds for license revocation.
C. 
An outdoor dining license may be suspended by the City Manager upon a finding that one or more conditions of this article have been violated, the outdoor dining in not operated in a manner that is consistent with the approved license, the outdoor dining is being operated in a manner which constitutes a nuisance, the outdoor dining is being operated in a manner that unduly impedes or restricts the movement of pedestrians, or the outdoor dining is being operated in a manner that is detrimental to the public health, safety or welfare of the residents of the City.
D. 
The notice of suspension will be in writing, setting forth specific reasons and providing an effective date. Restaurants receiving one or more suspensions may be denied future licenses for outdoor dining on public space.
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.