Special Use Permit Point System Guide
About the Special Use Permit
- Special use permits are for restaurants selling alcoholic beverages for public consumption on the premises (Newark Code 32-56-4[f]). It does not include liquor stores and Deer Park Tavern, Klondike Kate’s and Grain Craft Bar & Kitchen are exempt.
- Such special use permits, as they relate to the sale of alcoholic beverages, may be revoked at any time by the majority of Council (Newark Code 32-56-4[f][B])
- Review criteria: A police department review concerning the compliance with Chapter 19, Minors; Chapter 22, Police Offenses, Article XVII, Sales and Distribution of Alcoholic Beverages; and Chapter 32, Zoning (Newark Code 32-56-4[f][A])
How the Point System Works
- A letter notifying the business of the infraction and a warning that continued violations could result in a revocation of their Special Use Permit.
- A mandatory meeting with the S.O.U. Supervisor, City Solicitor or representative, and a representative from the planning department could result in a recommendation to Council for a 30 day suspension of the Special Use Permit. (Ten points accrued over a 12 month cycle.)
10 Point Violation
Examples of violations that would result in an immediate 10 point violation requiring a mandatory meeting:
- A violation of the provisions of Title 11, Chapter 5, Subchapter II, Sub part A of the Delaware Code entitled “Acts Causing Death.”
- A violation of the provisions of Title 11, Chapter 5, Subchapter VII, sub part E of the Delaware Code entitle “Offenses Involving Deadly Weapons and Dangerous Instruments.”
- A violation of the provisions of title 16, Chapter 47 Subchapter IV of the Delaware Code that relates to the aggravated possession, or distribution of illegal drugs (4752-4756).
- A violation of the provision of Title 11, Chapter 5, Sub-Chapter VII, Subpart A Section 1302 of the Delaware Code entitled “Riot.”
6 Point Violation
Examples of violations that would result in a 6 point violation generating a letter to the business:
- A violation of the provision of Title 11, Chapter 5, Subchapter II, Sub-part A of the Delaware Code and or Newark Title 22 Article VIII section 69 of the Newark Code entitled “Assaults and Related Offenses.”
- A violation of the provision of Title 11, Chapter 5, Subchapter II, Sub-part D of the Delaware Code Title 22 Article VIII Section 72 of the Newark Code entitled “Sexual Offenses.”
- A violation of Title 4 of the Delaware Code entitled Alcohol Liquors, The Delaware Alcohol Tobacco Enforcement Commissioner Rules, and the Newark Code Chapter 19 entitled “Minors.”
- Employee/management associations with criminal activity (i.e. gang activity).
3 Point Violation
Violations resulting in a 3 point violation:
- A violation of the City of Newark Code Section 20-A entitled “Noise”.
- A violation of the City of Newark Code Article IX entitle “Disorderly Conduct and Oenses Against the Public.”
- Violations against the City of Newark Building Code.
1 Point Violation
Violations resulting in a one point violation:
- Pedestrian issues at the establishment (i.e. blocking ingress/egress to sidewalks).
- Traffc issues Pedestrians or Taxis blocking lanes of traffc.
- A violation of the provisions of Newark Tile involving open container, underage consumption, public urination, and Title 16 Chapter 47, possession of illegal drugs without aggravating factors, that occur on the establishment’s PRIVATE lot.
Point System Goals
- Work in partnership with businesses to ensure they are operating within the spirit of the law in our community.
- Provide clear, consistent guidelines for businesses to follow and objective measures for Newark Police to apply when addressing concerns.
- Utilize the current Special Use Permit as a tool to swiftly and objectively address an existing or new business that becomes a detriment to the good order of the City.
There are three establishments that operated prior to the special use permit requirement and were grandfathered in. They are exempt from the Special Use Permit and therefore will not be subject to the point system. Those establishments are: The Deer Park Tavern, Klondike Kate’s and Grain Craft Bar & Kitchen.
If you have any question regarding this process or need additional assistance, please contact Lieutenant Dennis Aniunas at 302-366-7000 ext. 3116 or email DAniunas@newark.de.us.