By Logan B. Anderson

DOVER — The Delaware State Senate on Thursday amended then approved a measure that would allow takeout alcohol sales and permit outdoor seating at restaurants and bars in the First State.

House Bill 290, introduced by House Speaker Pete Schwartzkopf, D-Rehoboth Beach, and sponsored by Sen. Ernie Lopez, R-Lewes, was written to remove a sunset provision to a policy created in response to the COVID-19 pandemic that allowed bars and restaurants to sell to-go alcoholic beverages and utilize extended outdoor seating. The measure allowed customers to support their favorite bars and restaurants during the ongoing pandemic.

On Thursday, the Senate unanimously approved the legislation, with the addition of two amendments.

“This was one of the best workaround pieces of legislation that we saw have a positive impact for our businesses, especially our restaurant businesses, over the course of the last two years who’ve struggled greatly, and this piece of legislation will further enhance it,” said Sen. Lopez on Thursday.

Before making it to the Senate floor, the bill was passed by the House of Representatives with two of their own amendments.

Before getting its first approval, lawmakers in the House decreed that to-go alcohol could only be sold by persons certified by the Division of Alcohol and Tobacco Enforcement and the items had to be sealed in such a way to deter consumption without removing a lid, cap or seal.

The House also set limits on purchases, so a patron could only buy one 750 milliliter bottle of wine or six servings of beer, as well as mixed cocktails that are made in the restaurant, brewpub, tavern, taproom or other entity with a valid on-premise license.

“In the same way that two House amendments made the bill stronger (and) addressed concerns, we do have some Senate amendments as well that have been brought forward that will make this bill even stronger that addressed concerns, and that were done so in a collaborative manner, not just with members in this chamber but with members of our business community,” Sen. Lopez said.

The language of the first Senate amendment came straight from the state’s department of public health. The modification relates to the bill’s outdoor seating permissions and requires restaurants to comply with the Delaware Food Code as a requirement for any expansion of outdoor seating.

The second Senate amendment approved Thursday added a food purchase requirement when taking out alcohol from a restaurant.

Sponsored by Sen. David Sokola, D-Newark, his amendment requires that, in addition to volume limitations, a restaurant sell a minimum of $10 of food as part of the take-out, curbside or drive-thru transaction.

“This amendment is the result of discussions with various stakeholders representing both package stores and restaurants,” he said.

Sen. Sokola also said he received support for the amendment by Rep. Schwartzkopf.

In Delaware, taprooms and taverns cannot serve food.

When pressed by Sen. Jack Walsh, D-Newport, to confirm that establishments that sell alcohol but can’t sell food would be exempt from the food purchase rule, Sen. Sokola said, “that is the legal opinion.”

HB 290 was introduced Jan. 7. In its first committee hearing, in the House, Rep. Schwartzkopf said he wanted to move this legislation through the chambers as soon as possible. The current law that allows to-go sales and outdoor seating expires in March.

Before the Senate approved HB290 with amendments, Sen. Kyle Evans Gay, D-Brandywine Hundred, rose to comment on the speed in which this measure was making its way through the Delaware General Assembly.

“This bill has seemed rather rushed and at first it seemed like we were going to have to make a decision between helping our constituents, helping those restaurateurs, those servers, those busboys, who have worked so hard through the pandemic … and making laws in the right way,” Sen. Gay said.

She added that she was impressed with how well everyone came together to work on the measure.

“But in the past two days, all of the constituency groups have come together. ... And I just want to note that I think that while today would have been a way that exemplified how it shouldn’t be done, I think this exemplifies the way that it can be done to help our constituents,” said Sen. Gay.

The bill will now go back to the House of Representatives for final approval of the Senate’s action.