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
705 - Expansion of Outdoor Seating: Procedures, Standards and Fees
Section 705-4.0 - Procedures
Universal Citation: 4 DE Admin Code 705-4.0
Current through Register Vol. 28, No. 3, September 1, 2024
4.1 For an expansion of outdoor seating, the licensee shall submit to the Commissioner a letter of request, with the following attachments:
4.1.1 A letter of approval from the
appropriate political subdivision approving the request for expansion of
outdoor seating explaining how the expansion will comply with 4 Del.C. §
524(f)(2),
including compliance with traffic patterns and the State's right of way,
compliance with the Americans with Disabilities Act and adherence to noise
ordinances. The letter shall also include the expiration date of the approval
for expansion of outdoor seating, if applicable.
4.1.2 A detailed floor or construction plan
showing dimensions, point of contact with the licensed premises, elevation (if
any) and identification of access and egress, seating and table arrangements,
and appropriate fencing or enclosures for the expansion of outdoor seating that
will permit the proper control over the distribution of alcoholic
beverages.
4.1.3 Intended
construction start and finish dates, if applicable.
4.1.4 Filing Fee
(non-refundable).
4.2 If construction or modification is required, when 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, the Commissioner shall authorize use as an expansion of outdoor seating.
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