No person shall operate, maintain or carry on the business of a restaurant
until the owner, operator or lessee has received a permit of compliance from
the Town stating that said restaurant is in compliance with all the Town's
applicable zoning and licensing requirements. A copy of such permit of compliance
shall be issued to the Delaware Alcoholic Beverage Commission.
Any person desiring a restaurant permit of compliance, as required by
this chapter, shall file a written application with the Town Manager on a
form to be furnished by the Building Inspector. The application shall be accompanied
by the application fee as hereinafter provided and shall, in addition, furnish
the following information:
A. The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B. The name and designation under which the business or
practice is to be conducted.
C. The business address and all telephone numbers where
the business is to be conducted.
D. The plan of the proposed restaurant or proposed expansion
of an existing restaurant. Said plan shall show the following information:
(1) The location of the restaurant.
(2) The location's zoning classification.
(3) The number and sizes of bar areas in the restaurant.
(4) The restaurant's floor plan.
(5) The restaurant's seating capacity.
(6) The designated areas for storage and for preparation
of food service.
(7) The distance to the nearest property line of the nearest
lot zoned residential from the proposed restaurant or existing restaurant
property.
E. A statement that the establishment's primary purpose
shall be that of a restaurant as defined in the Dewey Beach Municipal Code.
F. A statement containing an approximate percentage of projected
revenue to be derived from the sale of alcoholic beverage as compared to the
percentage of projected revenue to be derived from the sale of food.
G. An authorization for the Town, its agent and employees
to seek information and conduct an investigation as to the accuracy of the
statements set forth in the application to the best of their ability.
H. Written and dated declaration by the applicant, under
verification, oath or affidavit, that the forgoing information contained in
the application is true and correct with said declaration being duly dated
and signed.
The Town Manager shall verify the completeness and accuracy of the application
and may in his sole discretion reject the application if it is incomplete
or inaccurate.
At least 15 days' notice of the time and place of such hearing shall
be sent to all property owners whose boundaries are within 200 feet of the
boundaries of the proposed restaurant or existing restaurant property. Notice
shall be sent by regular United States mail to the last known address to which
the Town tax bills are sent, said mailing to be done by the Town.
The Town Manager shall enforce the provisions of this chapter.
Violation of any of the provisions of this chapter shall be punishable
by a fine of not less than $100 nor more than $200 for each offense, exclusion
of the court cost of prosecution which costs shall be paid by the owner, operator
or lessee of the establishment in violation of this chapter. For the purpose
of this chapter, a separate offense shall be deemed to be committed on each
day during or on which a violation occurs or continues after receipt of notice
of violation.
Each application for a permit of compliance shall be accompanied by
a fee payable to the Town in the amount of $500.
No new application shall be acted upon by the Commissioners if within
a six-month period immediately preceding the filing of the new application
they have rendered a decision regarding the same application. However, this
limitation shall not be applicable if the Commissioners shall find that the
facts and circumstances existing at the time of their prior decision have
undergone a substantial change justifying the Commissioners' reconsideration.
The owner or licensee of any restaurant subject to the provisions of
this chapter shall notify the Town Manager prior to requesting a variance
from the Delaware Alcohol Beverage Control Commission with respect to a liquor
license.