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Mar 18, 2022
Acknowledging that one of the few silver linings of the covid pandemic was a discovery for many of the joys of outdoor dining, the Rehoboth Beach Board of Commissioners adopted today a policy that allows for year-round outdoor dining on public spaces in the Nation’s Summer Capital.
The city’s policy balances the need for safe, minimum pedestrian access routes along city sidewalks with restaurants’ and diners’ desire to have outdoor dining available.
“Outdoor dining is very popular and adds to the welcoming character of our city,” says Commissioner Patrick Gossett. “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.” Gossett also notes that more than 50% of city restaurants already have patio dining, which is permitted under a separate section of the city code.
Rehoboth Beach’s new public spaces outdoor dining policy establishes a minimum pedestrian access route (PAR) of 7 feet on most downtown Rehoboth Beach sidewalks and 8 feet in the second block and 10 feet in the first block of Rehoboth Avenue. The policy allows for two-top and four-top tables placed only along the façade of restaurants that meet the city’s minimum PAR standards and other requirements.
Restaurants who believe they meet requirements may apply to the city’s building and licensing department for an annual outdoor dining license. The policy and requirements as well as an application can be found at cityofrehoboth.com/outdoor-dining-public-space-license.
The application fee is $150, which covers the city’s review of the application and site; if approved, the permit fee is $163 for restaurants that do not serve alcohol and $325 for those that do. Restaurants that serve alcohol also must obtain approval from the state Office of Alcoholic Beverage Control.
Restaurants with city-approved outdoor dining on public property spaces must erect a continuous separation barrier that is at least 42 inches high, self-supporting, and without attachments to the sidewalk. The policy does not allow for use of the full depth of the sidewalk, split dining areas, parklets or in-street dining areas, nor dining on the boardwalk.
“I appreciate the feedback and efforts of Commissioners and staff members to create a policy that balances the need for accessible pedestrian ways, especially during our busy season, with a desire to provide enjoyable outdoor dining experiences,” says Mayor Stan Mills. “While not all restaurants that want to provide outdoor dining will meet the requirements of our new dining on public spaces policy, this effort goes a long way toward satisfying our appetite for outdoor dining opportunities.”
