Rehoboth officials eye revised restaurant ordinance

Rehoboth Beach officials have introduced a revision of the restaurant code to change how the total area is measured and introduce a supplemental permit of compliance for brewpubs.

Mayor Sam Cooper said, “I see it as meeting the goals of the original ordinance while giving more flexibility to the owners.”

The 5,000-square-foot size limitation for restaurants will be revised. The proposed ordinance allows 2,500 square feet of seated dining and bar area, with no limits on kitchen, storage or bathroom space.

“I think the 2,500 square feet is generous. It achieves the same purpose,” Cooper said. He said under this ordinance, restaurant owners do not have to give up kitchen space for seated dining area. A slew of board of adjustment cases, involving Nicola Pizza, The Greene Turtle and Cultured Pearl among others, sought variances from the 5,000-square-foot limitations, in part for additional storage space.

The second change is the creation of a supplemental permit of compliance for brewpubs, which were previously unregulated.

Under the proposed ordinance, besides a restaurant permit of compliance, a brewpub would also have to apply for a supplemental permit of compliance that limits brewing operations to no more than 50 percent of the total gross floor area.

Carryout sales, such as growlers, cannot hold more than 128 ounces or 1 gallon of beer; most growlers come in either 32 or 64 ounces. Beer cannot be sold wholesale, although beer can be removed from the premises for nonprofit events. The brewing process must be confined to the building, with no outside storage of brewing materials or airborne emissions.

Cooper said he does not expect the commissioners to do too much haggling over the ordinance; the proposal will be discussed again at the commissioners’ workshop meeting at 9 a.m., Monday, May 9.