Sussex County, Del. - Decisions about outdoor dining on public space have been finalized in Rehoboth Beach and Dewey Beach - at least for the 2022 season- as both towns opt to expand the outdoor dining season.
Rehoboth Beach Commissioners passed a new policy Friday that establishes fresh rules for dining al fresco. While they recognize the policy is not not one size fits all for restaurants, they say they'd rather see some outdoor dining than none at all.
"It is not a fair system. It's just not going to be fair," said Mayor Stan Mills. "The only way to be fair would be to cancel this and just not do it so that nobody can have outdoor dining...and I just think that would be a shame."
Many of the new rules were made to prioritize pedestrian safety.
"We're not going to use the full width of the sidewalk anymore, and we're not going to use the street anymore, and we're not going to consume parking spaces anymore," Mills said.
Dewey Beach pushed back the expiration date for current exceptions to city code, allowing restaurants temporary expansion to their premises through October 31.
In Rehoboth Beach, the new policy makes things more permanent by allowing outdoor dining year-round. However, for restaurants to qualify for outdoor seating on public space, a 7-foot pedestrian walkway must be left on most downtown sidewalks. Restaurant owners who don't meet that criteria say it's not fair.
"We're not getting equal opportunity to have that revenue from outdoor dining," said Kate Wall, Owner of Shorebreak Lodge.
Current outdoor dining licenses in Rehoboth will be revoked on June 1. Any restaurant wanting to have outdoor seating after that must re-apply with the city, and with the state Liquor Control Board if they want to serve alcohol.
"Even the ones that are doing it now, they shouldn't assume they're going to be able to continue beyond June 1 if they don't make an early application," said Rehoboth Beach City Solicitor, Glenn Mandalas.
Rehoboth's new rules only apply to outdoor dining on public space. Mayor Mills says the conversation about outdoor seating on private property is a different discussion for a later date.
No changes were made to Dewey Beach's outdoor dining policy that was passed last March, allowing for temporary expansion. Commissioners said that any restaurant's desire for permanent expansion will require individual zoning processes and hearings.
The 2022 application for outdoor dining on public space in Rehoboth Beach is available now.