City of New Castle, DE: Alcoholic Beverages

As used in this chapter, the following words shall have the meanings indicated:

Any business selling spirits, wine or beer for consumption off-premises which is regulated under the Delaware Alcoholic Beverage Control Act.

TAVERN

Any business selling spirits, wine or beer by the glass at retail which is regulated under the Delaware Alcoholic Beverage Control Act.

§ 90-2 Consumption off premises.

No person shall take off premises any spirits, wine or beer if the owner or person in charge of a tavern from which said spirits, wine or beer is taken is prohibited from making off-premises sales under the Delaware Alcoholic Beverage Control Act.

§ 90-3 Possession of open containers.

[Amended 2-19-2014 by Ord. No. 493]

Open containers near taverns and package stores. Unless otherwise authorized by this article, no person shall possess out-of-doors any open container containing spirits, wine or beer within 150 feet of the outside of any tavern or package store licensed to dispense alcoholic beverages.

Open containers on public streets, sidewalks and parks. Unless otherwise authorized by this article, no person shall possess out-of-doors any open container containing spirits, wine or beer or consume any spirits, wine or beer on any public street, avenue, sidewalks, parkland or other City-owned property ("City lands") within the corporate limits of the City.

Open containers on private property. Unless otherwise authorized by this article, no person shall possess out-of-doors any open container containing spirits, wine or beer or consume any spirits, wine or beer on any property not his/her own unless permission to possess said container or to consume has been granted by the owners, lessor or lessee, or their authorized agent. That such permission has been granted shall be an affirmative defense which the defendant may establish by adequate proof.

Alcoholic beverage permit. The sale and consumption of alcoholic spirits, wine and/or beer on City lands shall be permitted on a case-by-case basis for events. Events must be sponsored or cosponsored by the City or a nonprofit organization and must be approved by the City Administrator. Issuance of a permit shall be subject to the following terms and conditions:

(1)

All applications must be submitted in writing to the City Administrator on a City-approved form at least 90 days in advance of the proposed event.

(2)

The City Administrator shall collect an application fee for the alcohol beverage permit when the application is filed. Such application fee shall be set from time to time by resolution of City Council.

(3)

The serving or sale of alcoholic liquors and beverages shall strictly comply with all rules, regulations, laws and requirements of the State of Delaware, Division of Alcohol and Tobacco, the Delaware Code and all other applicable governmental laws, ordinances, rules and regulations.

(4)

The City Administrator is authorized to develop and implement application forms, policies and procedures associated with applications for the sale and consumption of alcoholic spirits, wine and beer on City lands and may condition the grant of a permit as he deems reasonable and appropriate under the circumstances presented.

(5)

All applicants for an alcohol beverage permit must also apply for a parade or public assembly permit. See City Code, Ch. 171.

(6)

In evaluating an application to sell or consume alcoholic spirits, wine or beer on City lands, the City Administrator shall consider:

(a)

The number of people expected to attend the event, which number may be limited as a condition of the permit;

(b)

The likelihood that minors under the age of 21 years will be present;

(c)

The proposed location of the event;

(d)

The provision of sanitary facilities and trash receptacles;

(e)

Police and security arrangements for the event. Events expected to draw more than 100 persons must be monitored by a suitable number of off-duty New Castle City police officers or other private security personnel acceptable to the City's Police Chief and the City Administrator;

(f)

Traffic and parking considerations;

(g)

The existence of other public or private events ongoing at or about the same time as the applicant's event;

(h)

The frequency of events sponsored or held by the same applicant. No single nonprofit applicant shall be eligible for more than two permits in any calendar year;

(i)

The need, availability, amount and type of public liability insurance protecting the interests of the City and provided by the applicant. No permit shall be issued unless an insurance certificate naming the City as additional insured and providing for a minimum of $2,000,000 public liability coverage is provided. Greater insurance limits may be required for events involving more than 100 persons.

(j)

The need or advisability of indemnity agreement(s) from the applicant and/or participants in the event in favor of the City;

(k)

Objections of City residents; and

(l)

Such other factors as the City Administrator deems relevant and appropriate.

(7)

Any applicant who is denied a permit to sell or consume alcoholic spirits, wine and/or beer on City lands by the decision of the City Administrator may appeal such decision to the City Council by providing written notice of such appeal to the City Administrator within 10 days of the disputed decision. Such procedure shall be the sole and exclusive remedy from the decision of the City Administrator.

§ 90-4 Violations and penalties.

[Amended 12-9-1997 by Ord. No. 379]

A person who is found in violation of this article shall for the first offense be punished by a fine of not more than $25. For each subsequent like offense, he shall be fined not more than $50 or imprisoned for a term not to exceed 60 days, or both.