Delaware Vote Tracker

Permanent Outdoor Seating and Curbside Take-Out Bill headed to Governor

House Bill 290 did a little ping pong between the House and Senate. The House passed it first, 40-1, and then the Senate amended it and passed it 21-0. The House then passed the amended bill 38-0-1-2, with a previous no voter, Paul Baumbach, now not voting and Danny Short and Andria Bennett absent.

HB 290 would specifically permit any restaurant, brewpub, tavern, taproom, or other entity with a valid on-premise liquor license to continue selling alcoholic beverages for take-out, curbside or drive-through service. Restaurants also would be able to utilize previously approved expanded outdoor seating, under certain conditions, without triggering the need for a new license application. 

The two Senate amendments require compliance with the Delaware Food Code for any expansion of outdoor seating by an establishment that serves food and that a restaurant sell a minimum of $10 of food as part of the take-out, curbside, or drive-through sale of alcoholic beverages.

House Bill 290 SponsorsYes VotesNo Votes
Schwartzkopf, Bush, Carson, Heffernan, K.Johnson, Longhurst, Morrison, Osienski, Briggs King, Ramone, Gray, D.Short, M.Smith, Smyk, YearickHouse Passes 40-1. Bennett Bentz Bolden Brady Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton  Briggs King Collins D.Short Dukes Gray Hensley M.Smith Morris Postles Ramone Shupe Smyk Spiegelman Vanderwende Yearick
Second vote 38-0-1-2. Bentz Bolden Brady Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Mitchell Morrison Osienski S.Moore Schwartzkopf Wilson-Anton  Briggs King Collins Dukes Gray Hensley M.Smith Morris Postles Ramone Shupe Smyk Spiegelman Vanderwende Yearick
Baumbach (no on first vote, not voting on second vote), Not voting on second vote: Bennett D.Short
Lopez, Pettyjohn, Wilson, PooreSenate Amended and Passed 21-0. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Bonini Hocker Lawson Lopez Pettyjohn Richardson Wilson
Current Status: Sent to Governor

Speaker Pete Schwartzkopf: “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. 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.” 

Delaware politics from a liberal, progressive and Democratic perspective. Keep Delaware Blue.

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