Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Alcoholic Beverage Control Commissioner
700 - Renewal and Alterations of Licenses
704 - (Formerly Rule 42.1) Construction, Renovation, Extension of Premises to Include Patios: Procedures, Standards and Fees
Section 704-4.0 - Procedures

Universal Citation: 4 DE Admin Code 704-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

4.1 For all construction and/or renovation:

4.1.1 Submit to the Commissioner a letter of intent including:
4.1.1.1 Detailed floor or construction plans (2 sets) showing dimensions, point of contact with the licensed premises, elevation and identification of access and egress, wet bars, seating and table arrangements, storage, restrooms, parking and fencing. In the event that the applicant is for a restaurant license, include the areas utilized for entertainment, either permanent or temporary;

4.1.1.2 The total square footage of the extended premises;

4.1.1.3 Approval from the appropriate political subdivision;

4.1.1.4 Intended construction start and finish dates;

4.1.1.5 Filing Fee (non-refundable).

4.2 Notice of an extension of the licensed premises must be made in accordance with 4 Del.C. § 524. The Commissioner will review the intent plans, and if no protest is received within the protest period, may issue a construction approval to begin construction. Any change in plans must be submitted to the Commissioner for approval, accompanied by a filing fee.

4.3 In the event a protest is received, a public hearing will be scheduled to hear the protest.

4.4 When construction is completed, the Commissioner shall be notified for final inspection of the site.

4.5 Upon final inspection, approval, and upon payment of the non-refundable inspection fee, and patio permit fee, if applicable, the Commissioner shall authorize use as an extension of premises.

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