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Delaware House Democrats

Schwartzkopf Bill Would Make Outdoor Seating, To-Go Alcohol Sales for Restaurants, Bars Permanent

January 10, 2022

DOVER – To-go cocktails have been one of the most popular innovations to come out of the COVID-19 pandemic, and legislation recently filed would make that practice and outdoor dining a permanent fixture in Delaware.

Sponsored by House Speaker Pete Schwartzkopf, House Bill 290 would remove a sunset provision to a policy allowing bars and restaurants to sell to-go alcoholic beverages and utilize extended outdoor seating, allowing customers to support their favorite bars and restaurants during the ongoing pandemic. These practices are slated to expire at the end of March unless the sunset is removed.

“While the pandemic has been extremely challenging for families and businesses across the state and country, it also has forced us to get creative at times. Restaurants and bars were among the hardest-hit industries these past two years, and we had to use some ingenuity to provide assistance,” 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 even as this health crisis continues, it’s clear that there is a market and a desire for these practices to continue for good.”

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.

The General Assembly responded to the challenges created by the pandemic in 2020 by allowing food and drink establishments to offer increased outdoor seating and to-go alcohol sales. The legislature extended those provisions in 2021 through March 2022.

Under HB 290, any restaurant, brewpub, tavern, or taproom, or other entity with a valid on-premise license could sell alcoholic beverages for take-out, curbside, or drive-through service.

“This important bipartisan legislation enables our local restaurants to focus on what they do best:  serving customers and increasing the positive economic impact made on our local communities,” said Sen. Ernie Lopez, the lead Senate sponsor of the bill. “Too often, some in government have arbitrarily told businesses what they can’t do. This approach must stop.  With this bill, we listened to our restaurant owners and worked together to address concerns.  This legislation exemplifies the type of meaningful public policy that expands economic growth and supports local businesses that Speaker Schwartzkopf and I will continue to advance during this session of the General Assembly.”

HB 290 has been assigned to the House Administration Committee and is scheduled to be heard on Tuesday.

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