Paradise Grill patio service approved

Paradise Grill in Pot-Nets Bayside has been approved for a patio license that would expand alcohol service to its newly built 20,000-square-foot patio.

In a decision released March 28, Delaware Alcoholic Beverage Control Commissioner John Cordrey dismissed complaints by members of Bayside Homeowners Association and approved an application to serve alcohol at Paradise Grill's new 24-seat, 417-square-foot bar; 417-square-foot, 24-seat raw bar and on the 576-square-foot stage.

Paradise Grill owner Al Tortella said, "We're excited to use the new areas. But I'm most excited to see the smiles on people's faces when they see those new areas."

Tortella said he plans to have the new bars and stage open by early-to-mid-May depending on the weather.

Michael Eisenhauer, president of the Bayside Homeowners Association, said he had no comment on the decision. He said the board has not determined whether to move forward with an appeal.

Paradise Grill will be allowed to use external speakers until midnight; live music must cease by 11 p.m. with the exception of Memorial Day, Fourth of July and Labor Day, when live entertainment must end at midnight. Paradise Grill must pass a final inspection before being granted the license and must also submit its total gross receipts of food and alcohol for the first six months within eight months of opening the extended patio.

Paradise Grill built the patio last year but had no license to serve on the patio after members of the Bayside Homeowners Association argued neighboring property owners were not sufficiently notified. Cordrey agreed with their claim and rejected Paradise Grill’s application after a May public hearing. While he could operate the patio without serving alcohol, Tortella said he did not serve patrons on the patio last year.

Opponents of the application raised concern over noise and the safety of patrons. On noise, Cordrey said while Paradise Grill was cited in August 2014 for excessive noise, the grill has not been cited since and has hired audio engineers to minimize noise. Cordrey said the allegation of threats to citizen safety were the application granted was completely unfounded. He said there was no evidence there would be any adverse impact on the community if Paradise Grill's application were granted.

Tortella said he was surprised and appreciative of the support Paradise Grill got during the application process; at the February hearing, employees and Pot-Nets residents wore shirts proclaiming themselves the "99ers," for the 99 percent of the community they said supported the expansion.

The restaurant refiled its application, and a second public hearing was held Feb. 4. The decision can be appealed within 30 days from March 28. If an appeal is filed, the ABCC will hold a hearing with at least 20 days notice to both parties to affirm, reverse or modify the decision.