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Delaware House Democrats

House Passes Schwartzkopf Bill Extending Outdoor Seating, To-Go Alcohol Sales for Restaurants, Bars

January 27, 2021

DOVER – To-go cocktails have been one of the most popular innovations to come out of the COVID-19 pandemic, and the House passed legislation Wednesday to allow Delaware restaurants to continue those to-go alcohol sales and outdoor dining for another year.

Sponsored by House Speaker Pete Schwartzkopf, House Bill 1 would permit bars and restaurants to continue the sale of to-go alcoholic beverages and utilize extended outdoor seating until March 2022, allowing customers to continue to support their favorite bars and restaurants without risking their safety. The bill would extend the temporary provisions established last year that are currently set to expire at the end of March.

“Restaurants and bars have been among the hardest-hit industries during the pandemic. It’s only through their own ingenuity and creativity, and assistance we have been able to lend them that has kept many businesses afloat,” said Rep. Schwartzkopf, D-Rehoboth Beach. “The outdoor dining and to-go cocktails options have been extremely popular and have allowed restaurants and bars to serve patrons safely. These innovations are about to expire, but we are not on the other side of this crisis yet. This bill will give the hospitality industry another year of flexibility to keep their doors open.”

In 2019, restaurant and food industry jobs in Delaware totaled 50,800. Between February and April 2020, Delaware lost 66% of its food or drink establishment jobs, one of the highest rates in the nation.

Food and drink establishments in Delaware lost more than $160 million in sales in April 2020 alone, with the food service industry losing an estimated $700 million between March and July. Revenue from restaurant gross receipts last year dropped to less than half of 2019 receipts.

“The impact of this pandemic on Delaware’s restaurant industry is being felt by Delaware residents from Claymont to Delmar,” said Senator Darius Brown, D-Wilmington, the Senate prime sponsor of HB1. “Our hospitality industry provides a stable source of income to single mothers, people working multiple jobs and Delawareans who might otherwise struggle to find employment elsewhere. These are the very people most at risk during this public health crisis. This legislation will hopefully help restaurants across our state keep workers on their payroll longer and add new jobs sooner as we begin to come out of this crisis.”

HB 1 now heads to the Senate for consideration.

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