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][1][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][2][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.)
  1. 10 Point
  2. 6 Point
  3. 3 Point
  4. 1 Point

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.”

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.

Exempt Businesses

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.

Contact Us

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.