[HISTORY: Adopted by the Mayor and Council
of the Town of South Bethany 4-12-1996 by Ord. No. 53-96. Amendments noted where
applicable.]
This chapter is authorized by § C-4B
of the Town Charter.
The purpose of this chapter is to establish
reasonable controls on commercial establishments and alcoholic beverages
being sold, dispensed and consumed in a restaurant in the Town of
South Bethany so as to ensure that such establishments do not operate
as de facto bars but operate principally for the purpose of providing
food service with the sale of alcoholic beverages as adjunct and secondary
to the original and primary purpose of food service.
For the purpose of this chapter, the following
terms shall be defined as follows:
Includes the four varieties of liquors defined in 4 Del.
C. § 101 (alcohol, spirits, wine or beer), as that statute
may from time to time hereafter be amended, or in accordance with
any future corresponding provision of law, as well as every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being, and any liquid or
solid containing more than one of the four varieties defined in such
statute shall be considered as belonging to that variety which usually
has the higher percentage of alcohol.
A commercial enterprise whose primary activity is the sale
of alcoholic beverages to be consumed on the premises. "Bars" includes
taverns, taprooms, nightclubs, lounges, cabarets, private clubs, bottle
clubs and similar facilities serving alcoholic beverages. Bars are
not allowed in the Town of South Bethany in a C-1 Commercial District.
A service bar is not a bar as herein defined.
[Amended 11-14-1997 by Ord. No. 66-97]
A commercial enterprise whose primary activity is walk-up
or carry-cut food service. Alcoholic beverages shall not be sold,
dispensed or consumed on such premises.
A porch, patio deck or area of land which is not within the
permanent outside walls of a restaurant. Outside service areas are
limited to four tables.
That area of a restaurant establishment open to the public,
and exclusive of kitchen and storage area.
A commercial establishment whose primary activity is food
service, subject to the following requirements:
Seated dining for 35 or more patrons must be
provided.
[1]In the area designated for seated food service, alcoholic
beverages may be served to seated dining patrons only.
No stand-up consumption of alcoholic beverages
is permitted.
All tables and chairs and booths shall be maintained
and located in an accessible and usable configuration at all times.
Kitchen facilities shall be under the direction
of a chef or cook.
No more than one service bar shall be permitted
for each 750 square feet of dining area.[2]
That portion of the patron area designated and used primarily
for the service and consumption of food while seated at tables and
chairs or booths.
A customer of a restaurant who is seated in the seated dining
portion of the patron area for the purpose of ordering and consuming
food served by the restaurant.
A bar, countertop, table, platform or other substantially
flat surface, not exceeding five feet in length, behind and upon which
alcoholic beverages are prepared by employees of the restaurant for
delivery to seated dining patrons by employees of the restaurant.
Restaurant patrons shall not be served alcoholic beverages at any
service bar.
The consumption of alcoholic beverages by any person other
than a seated dining patron in the seated dining area of a restaurant.
The stand-up consumption of alcoholic beverages in a restaurant is
not allowed in the Town of South Bethany.
[Amended 11-14-1997 by Ord. No. 66-97]
A.
Bars. No mercantile license shall be issued for any
bar located in the Town of South Bethany in a C-1 Commercial District.
B.
Eateries. No mercantile license shall be issued for
any eatery in the Town of South Bethany that sells or proposes to
sell alcoholic beverages in a C-1 Commercial District.
No restaurant shall be issued a mercantile license unless it meets the standards set forth in the definition of a restaurant contained in § 56-3 of this chapter.
Any restaurant or eatery providing food service
in the Town of South Bethany prior to the enactment of this chapter
shall be entitled to continue licensed operations with the same floor
plan, configuration and patron area (including areas designated for
seated dining) as was in existence prior to the date of this chapter,
subject to the following conditions:
A.
The owner/operator shall file with the Town Manager's
office a scaled floor plan, architectural drawings or other suitable
documentation sufficient to establish the preexisting floor plan,
configuration and patron area (including areas designated for seated
dining).
B.
Should an existing restaurant apply for and obtain
a license to serve alcoholic beverages, all provisions of this chapter
must be met. Exception: An outside service area in existence prior
to the enactment of this chapter shall be entitled to continued operations
in conformance with other applicable provisions of this chapter.
[Amended 11-14-1997 by Ord. No. 66-97]
C.
Music and/or entertainment shall not be permitted
in an outside service area.
Any person violating the provisions of this
chapter shall be subject to a penalty of not less than $100 nor more
than $500, plus court costs. Each day of continued violation shall
be considered as a separate offense, and each container of alcoholic
beverage sold, dispensed or consumed (in whole or in part) in violation
of this chapter shall be deemed to be a separate offense; provided,
however, that if any court of competent jurisdiction shall determine
that such monetary penalty shall be in direct conflict with that established
by any applicable state law, the monetary penalty for violation of
this chapter shall be as established by such state law.
[Added 2-14-1997 by Ord. No. 61-96]
Gambling, gambling devices and games of chance
are strictly prohibited in any commercial establishment.
[Added 11-14-1997 by Ord. No. 66-97]
No establishment shall provide for or offer
more than two arcade games or machines, including but not limited
to dynamo hockey, pinball, bowling, pool, speed racer, horse riding,
speed bug and the like.
