IN THE SUPERIOR COURT OF THE STATE OF DELAWARE SANDS FENWICK, INC., : t/a FENWICK SHORES, a : Tapestry Hotel by Hilton: : Appellant, : : v. : C.A. No. S21A-10-002 CAK : : ALCOHOL BEVERAGE CONTROL : APPEALS COMMISSION, : : Appellee. : Submitted: May 2, 2022 Decided: May 31, 2022 Appeal from the Decision of the Alcohol Beverage Control Appeals Commission dated October 5, 2021 DENIED MEMORANDUM OPINION AND ORDER Timothy G. Willard, Esquire, Fuqua, Willard & Schab, P.A., 26 The Circle, P.O. Box 250, Georgetown, DE 19947, Attorney for Appellant. Adria B. Martinelli, Esquire, Deputy Attorney General, Delaware Department of Justice, 820 North French Street, Wilmington, DE 19801, Attorney for Appellee. KARSNITZ, R. J. 1 BACKGROUND Sands Fenwick, Inc, trading as Fenwick Shores, a Tapestry Hotel by Hilton (“Appellant”) is a hotel at 1501 Coastal Highway, Fenwick Island, Delaware. Appellant applied for a liquor license from the Alcoholic Beverage Commissioner (the “Commissioner”) to serve alcohol to its guests. The license application also included variance requests for food and beverage (including alcohol) service on the second-floor café pool area with a wet bar, speakers, and a paging system.1 The café is accessible directly from the outside of the hotel without passing through the lobby. There is no door at the entrance to the café. The bar at the café would be open to the public. The café measures approximately 15 x 20 feet with 23 chairs, 8 or 9 stools at the bar and faces Coastal Highway. On October 20, 2020, the Commissioner held a public hearing on the application. A number of residents filed letters of opposition or participated in the hearing (the “Opposing Residents”). The record below includes letters from Opposing Residents who represented that they lived within one mile of Appellant and opposed the granting of an alcohol license on the outside patio. Many of the Opposing Residents who testified at the hearing objected to the outdoor bar, live 1 Wet bars, live entertainment, external speakers, paging systems, and amplification systems are forbidden on permitted patios, but a variance may be granted at the discretion of the Commissioner. 4 Del. Admin. C. § 704 (6.0, 7.0). 2 entertainment, the external speakers and paging system, and the related noise and crowds. They alleged that such noise, crowds, and related behavior would be contrary to the quiet, family-oriented quality of life for which Fenwick Island is known. Some of the Opposing Residents were represented by counsel, while others appeared pro se. The Commissioner stated that the following Opposing Residents participated in the hearing and were therefore parties to the proceedings: Andrew Bellwar, Richard Benn, Janice Bortner, Mr. Burns, Vicki Carmean, Ginny Clark, Liane DesRoches, Peter Frederick, Jody Hayden, Warren Hayden, Paul Icard, Richard Klein, Susan Klein, Amy Kyle, Julie Lee, Natalie Magdeburger, Jacqueline Napolitano, Melanie Pauley, Kelly Perry, Pamela Pridgeon, Ann Raskausas, William Rymer, Colleen Sanford, Ms. Tracy, Gail Warburton and Nelli Westwater. On May 14, 2021, the Commissioner issued a written decision finding that Appellant met …
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