4 Del. Admin. Code § 1010-1.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1010-1.0 - Calculation of Measurements

1.1 In computing the distance, pursuant to 4 Del.C. § 543, between a proposed establishment and a licensed establishment of the same type by accessible public road or street, the measurements shall be taken as follows:

1.1.1 The measurements shall begin and end at that part of the individual establishment which is available to the public and closest to the other establishment. In general, one would start measuring at the front corner of both the existing and the proposed establishment nearest to the other licensed establishment of the same type. In multiple purpose buildings, in which a liquor establishment is not the primary use, the measurement shall be made from the portion of the building used for the licensed establishment, and the measured distance shall include corridors, etc., when necessary to reach the nearest accessible public road or street.

1.1.2 Straight lines shall then be drawn from these terminal points, and at right angles thereto, to the center of the adjoining means of ingress and egress.

1.1.3 The lines shall then continue to follow the center lines of regular or established traffic patterns (pedestrian or vehicular) until a public road or street is reached at its center line. The lines shall be drawn to the center of the nearest regular or established traffic pattern for vehicular traffic.

1.1.4 The lines shall continue on the center lines of public roads or streets until they meet.

1.1.5 Except where impracticable lines shall be drawn at right angles to each other and shall be straight.

1.1.6 In all cases, the shortest distance from a proposed establishment to a licensed establishment shall be used as the distance between the two, and said shortest distance shall be measured only by accessible public road or street and the Commissioner may consider motor vehicle traffic directions, patterns and barriers and pedestrian traffic patterns.

4 Del. Admin. Code § 1010-1.0

19 DE Reg. 775 (02/01/16)