Town of South Bethany, DE
Sussex County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Licenses and permits — See Ch. 84, Art. I.
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:
ALCOHOLIC BEVERAGE(S)
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.
BAR
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]
EATERY
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.
OUTSIDE SERVICE AREA
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.
PATRON AREA
That area of a restaurant establishment open to the public, and exclusive of kitchen and storage area.
RESTAURANT
A commercial establishment whose primary activity is food service, subject to the following requirements:
A. 
Seated dining for 35 or more patrons must be provided.
B. 
A minimum of 85% of the patron area, exclusive of restrooms, must be permanently committed to seated dining.
C. 
In the area designated for seated food service, alcoholic beverages may be served to seated dining patrons only.
D. 
No stand-up consumption of alcoholic beverages is permitted.
E. 
All tables and chairs and booths shall be maintained and located in an accessible and usable configuration at all times.
F. 
Kitchen facilities shall be under the direction of a chef or cook.
G. 
No more than one service bar shall be permitted for each 750 square feet of dining area.[1]
SEATED DINING
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.
SEATED DINING PATRON
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.
SERVICE BAR
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.
STAND-UP CONSUMPTION OF ALCOHOLIC BEVERAGES
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.
[1]
Editor's Note: Former Subsection H, pertaining to limited bar areas, which immediately followed this subsection, was repealed 11-14-1997 by Ord. No. 66-97.
[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.
A. 
A restaurant shall not sell or dispense any alcoholic beverage for consumption on the premises between the hours of 10:30 p.m. and 9:00 a.m.
B. 
A restaurant shall not permit the consumption of any alcoholic beverage on the premises between the hours of 11:00 p.m. and 9:00 a.m.
C. 
Any restaurant that serves any patron alcoholic beverages in violation of this chapter, or whose employees knowingly permit any patron to consume any alcoholic beverage in violation of this chapter shall, upon conviction, be subject to the penalties as provided in § 56-8 below.
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.