Rehoboth Beach City Commissioners voted unanimously Friday afternoon to establish new rules to continue outdoor dining in the resort town.
Under these new regulations, businesses that have outdoor dining on public space can expect that their current city permit will expire as of June 1. Now that the city has established a new permitting process, those businesses can reapply for an outdoor dining license as soon as possible.
This does not apply to any businesses that have outdoor dining on private space.
Other restaurants that have used private property or lots like Egg or The Greene Turtle will need to wait until the city commissioners discuss that topic more at their April 4 workshop meeting, according to Mayor Stan Mills.
The most visible change that visitors and residents will notice is that businesses are no longer allowed to use the entire width of the sidewalk and direct pedestrians into a temporary pathway in parking spaces.
In earlier discussions, city officials pointed out that Rehoboth Beach lost 89 parking spaces and nearly $250,000 in revenue when it previously blocked off parking spaces to accommodate outdoor dining.
The Rehoboth Beach-Dewey Beach Chamber of Commerce also argued that those red barriers – which the city used the past two years to make room for temporary outdoor dining – directed pedestrians away from retail storefronts that depend on window shopping.
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The paved ramps and temporary walkways further presented challenges for those with disabilities, and the Americans with Disabilities Act requires a minimum width of public sidewalks for pedestrians.
All these factors, as well as an expectation that this summer will bring an influx of visitors to the Delaware beaches, played into the city’s decision to set more specific regulations for outdoor dining this year.
How the rules affect restaurants
While many Rehoboth restaurant owners said they were encouraged by the city’s efforts to continue outdoor dining, many of them also raised concerns that these new regulations would blanket businesses with a one-size-fits-all solution.
City officials recognized that some businesses, particularly those on Wilmington and Baltimore Avenue where the sidewalks tend to be narrower, will not have the same opportunities to apply for this outdoor dining permit under the new rules.
“It’s just not going to be fair,” said Mills, who helped author the new policy.
“It stems from a logical analysis and a thoughtful process for how we developed all of this,” he said.
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Because the sidewalks in downtown Rehoboth vary greatly in width and shape, the commissioners were once considering whether businesses could place tables on the street side of the sidewalk, as well as along the façade of the building in what’s considered split dining.
But the policy that was approved Friday clarified that this type of split dining will not be permitted.
“Outdoor dining is very popular and adds to the welcoming character of our city,” Commissioner Patrick Gossett said. “At the same time, the city has a responsibility to provide safe, accessible sidewalks. The goal of our new policy is to be clear, predictable, organized, and equitable.”
Commissioners also responded to business owners’ wishes when they ensured that the outdoor dining permits will be applicable for the entire calendar year, rather than just the summer months.
The city manager maintains the right to suspend outdoor dining at any point, though, during major community events, utility projects or emergency uses.
The application fee for that permit will cost $150 with an additional annual fee of $163 for non-alcohol establishments and $325 for restaurants serving alcohol.
Emily Lytle covers Sussex County from the inland towns to the beaches. Got a story she should tell? Contact her at elytle@delmarvanow.com or 302-332-0370. Follow her on Twitter at @emily3lytle.
