Delaware 2023-2024 Regular Session

Delaware House Bill HB69

Introduced
3/2/23  
Introduced
3/2/23  
Engrossed
3/16/23  
Refer
3/2/23  
Engrossed
3/16/23  
Enrolled
5/11/23  
Refer
3/16/23  
Passed
5/25/23  
Enrolled
5/11/23  

Caption

An Act To Amend Title 4 Of The Delaware Code Relating To Beer Gardens.

Impact

The modification in the staffing requirement is expected to facilitate greater flexibility for businesses looking to open or operate beer gardens. By lowering the barrier to entry, the bill could encourage smaller operations or seasonal beer gardens that may not require a large full-time staff. Additionally, the bill aligns beer gardens more closely with other establishments such as taprooms and taverns, thereby standardizing licensing conditions across various types of alcohol-serving venues within the state.

Summary

House Bill 69 seeks to amend Title 4 of the Delaware Code concerning the regulations governing beer gardens. One of the significant changes proposed by this bill is the elimination of the existing requirement that beer gardens must employ a daily average of at least 25 full-time employees. This requirement currently distinguishes beer gardens from other types of liquor establishments, which do not have similar staffing mandates. By removing this threshold, the bill aims to make it easier for beer gardens to operate, potentially encouraging the establishment of new venues and reducing the regulatory burden on existing ones.

Sentiment

The sentiment surrounding HB 69 appears to be generally supportive among proponents of local businesses who believe that reducing regulatory requirements will allow for a more favorable environment for entrepreneurs. However, concerns may arise regarding the potential impacts on local alcohol sales and community safety, particularly if the reduction in staffing requirements leads to less oversight and a potential increase in the number of establishments serving alcohol without sufficient staff to manage them effectively. As such, while supporters emphasize the benefits for business development, some stakeholders may advocate for careful consideration of these implications.

Contention

Notably, the bill includes provisions that could cause contention regarding the rights of existing establishments. Specifically, it allows the Commissioner to refuse a license for new establishments if they are located within 1200 feet of an already existing licensed establishment of a similar type, thus maintaining some degree of control over how many of these venues can operate in close proximity. This balance between facilitating new business opportunities and protecting established ones is likely to be a point of discussion among legislators and stakeholders as the bill progresses.

Companion Bills

No companion bills found.

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