Quint Forgey, and Jordan L. McBride

The News Journal

Beer will continue to flow at Wilmington's outdoor beer garden.

Delaware's alcoholic beverage control commissioner, John Cordrey, granted The Constitution Yards Beer Garden's request for a two-year license Tuesday morning. Since its opening in June, the hotspot has operated and served alcohol under several temporary license extensions.

"We're excited and relieved that we can continue operating for the rest of the summer," said Megan McGlinchey, acting executive director of the nonprofit Riverfront Development Corp., which oversees the beer garden and other beautification efforts along the Wilmington Riverfront. "We thought that we had followed the letter of the law and followed the application and did everything that we needed to do."

Cordrey said he granted the beer garden the two-year license because he found it was "a not-for-profit entity that was entitled to a biennial gathering license under the law."

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In the state of Delaware, such licenses are usually reserved for picnics, fairs and banquets organized by nonprofit organizations like churches or volunteer fire companies.

Some residents of the adjacent Justison Landing Condominiums complex have complained the beer garden contributes to greater noise levels, increased traffic and public drunkenness near their Riverfront homes.

Charles Fleming Jr., a representative of the complex's homeowners association, articulated these concerns at a public hearing earlier this month with the help of attorney Stephen Spence, whom the HOA hired to argue against the beer garden.

At the hearing, Spence noted that several of the restaurateurs in support of the beer garden, who RDC attorney Michael Hochman brought before Cordrey as witnesses, operated out of buildings rented from the Buccini/Pollin Group, a Wilmington developer.

Spence also pointed out that the RDC saved roughly $50,000 in manual labor costs that went to the disassembling of certain parts of the Riverfront's annual ice rink, which will take the place of the seasonal beer garden during winter months.

"They brought up things that were of concern," Cordrey said. "They weren't of overriding concern."

Fleming said he and other members of the HOA plan to hold a meeting with McGlinchey in the coming days to discuss the ruling.

"Depending on the outcome of the meeting, the HOA will determine whether or not to exercise their right of appeal," Fleming said.

Cordrey said no residents of the Justison Landing Condominiums, nor Spence, have contacted the Office of Alcoholic Beverage Control yet with plans to appeal the ruling.

"That is certainly their right," Cordrey said.

Spence did not return requests for comment.

Tim Lux, Constitution Yards' general manager, said he was not nervous the beer garden would be denied the two-year license.

“We trusted in the process and went through the hearing, so it’s great to finally hear it and move into the next phase,” he said. "We’re looking forward to a busy end of the summer and gearing up for the fall.”

On Tuesday evening, young professionals and some families gathered at the beer garden to grab a bite to eat, drink beer and play corn hole, despite weather hovering around 90 degrees.

Although it was the first time at the beer garden for Wilmington residents Ivy Brock and Natalie Kaplan, they said they were already fond of the spot.

“We were talking about how Philly has been doing things like this for years,” Kaplan said. “I’m glad to see Wilmington finally doing something like this too."

Brock, a lifelong Wilmingtonian, said that while locals may know to frequent places like Chelsea Tavern on Market Street or Trolley Square on a Saturday night, out-of-towners can sometimes struggle finding a hang-out spot. Now, she said, residents and newbies alike can add another venue to their list.

“I think it’s great,” she said. “It’s something that the Riverfront needs. It’s something our city needs. It’s about time that it came through.”

Contact Quint Forgey at bforgey@delawareonline.com. Contact Jordan McBride at jmcbride@delawareonline.com.