CCW Packet

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, June 11, 2024 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/pc6gtg Event number: 2539 052 2560 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER MAYOR AND COUNCIL REPORTS - May 2024 1. First District 2. Second District 3. Third District 4. Fourth District 5. At-Large 6. Mayor Christiansen 7. Council President Anderson 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - June 11, 2024 PAGE 2 UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Bids - FY24 Inflow & Infiltration Rehabilitation Project (Jason Lyon, Water/Wastewater Director) (Staff Recommendation: Award the contract to Insituform Technologies, LLC, for the City of Dover FY24 Inflow & Infiltration Rehabilitation Project, Bid #24-0031WW, for the amount of $1,279,530.00) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Evaluation of Bids - Relay Panels for Garrison Oak Technology & Business Park (GOTBP) (Paul Waddell, Electric Director) (Staff Recommendation: Award the contact to Electrical Power Products, Bid #24-0028EL, for the amount of $251,201.00) 2. Discussion - Fiscal Year 2024 Audit Program (Patricia Marney, Interim Controller/Treasurer) (Staff Recommendation: Acceptance of the Audit Program) 3. Proposed Ordinance #2024- 22 - Amending Chapter 26 - Businesses, Article II - Licenses, and Appendix F - Fees and Fines (David S. Hugg, III, City Manager) (Staff Recommendation: Approval of Proposed Ordinance #2024-22) 4. Proposed Ordinance #2024- 23 - Amending Chapter 106 - Traffic and Vehicles, Article I - In General, Sec. 106-14. - Off-road Motor Vehicle Regulations (Council President Anderson) (Staff Recommendation: Approval of Ordinance #2024-23) 5. Proposed Ordinance #2024- 24 - Amending Chapter 26 - Businesses, Article II - Licenses, Sec. 26-31. - Definitions, and Appendix F - Fees and Fines, Chapter 26 (David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior Project Manager at the Rossi Group) (Staff Recommendation: Approval of Proposed Ordinance #2024-24) 6. Proposed Ordinance #2024- 25 - Amending Appendix B - Zoning, Article 3 - District Regulations, Sec. 16 - Highway Commercial Zone (C-4), Sec. 19 - Manufacturing Zone (M), Sec. 20 - Industrial Park Manufacturing Zone (IPM), Sec. 23 - Agricultural Zone (A), Article 5 - Supplementary Regulations, and Article 12 - Definitions (David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior Project Manager at the Rossi Group) 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - June 11, 2024 PAGE 3 (Staff Recommendation: Approval of Proposed Ordinance #2024-25) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Utility) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: May 17, 2024 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager, Patricia Marney, Interim Controller / Treasurer SUBJECT: Evaluation of Bids – FY24 Inflow & Infiltration Rehabilitation Project TIMETABLE: Notice to Proceed to be issued within thirty (30) days of Council approval. Project anticipated to be completed within two hundred and forty (240) calendar days from issuance of Notice to Proceed, weather permitting. RELATED PROJECT: X REFERENCE: CIP- Wastewater Projects EXPENDITURE REQUIRED: $1,279,530.00 AMOUNT BUDGETED: $1,323,800.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Water & Wastewater, Wastewater Division, WW2401 Inflow/ Infiltration Removal, Account No.: 403-41-69-99-000-54031 (available funds $412,900.00) and WW2310 Misc. Sanitary Sewer Rehabilitation, Account No.: 403-41-69-99-000-54031 (available funds $910,900) STAFF RECOMMENDATION: Award the contract to Insituform Technologies, LLC, for the City of Dover FY24 Inflow & Infiltration Rehabilitation Project, Bid #24-0031WW, for the amount of $1,279,530.00. BACKGROUND AND ANALYSIS: This project will correct areas in the sanitary sewer collection system that are deteriorating and allowing groundwater to enter the sanitary sewer system through cracked pipes and/or joints. In 2021, Reybold Construction Technologies, LLC was contracted to perform a video documented evaluation of the City’s sanitary sewer system which included: existing sanitary sewer pipes, associated laterals, and the associated manholes to identify and prioritize inflow and infiltration repairs to said infrastructure. Reybold Construction Technologies, LLC was able to complete video documentation of 373 Sanitary Sewer Pipes equaling 84,356 overall linear feet and performed 398 manhole inspections. A report was submitted by Reybold Construction Technologies, LLC, that identified the areas in need of repairs. This project will 4

Item 1. help reduce the amount of groundwater and rainwater that enters the sanitary sewer system, which would reduce the treatment charges for wastewater flow to Kent County. The bid was advertised to the public as an Invitation to Bid in accordance with the City’s purchasing policy by the City’s Purchasing Agent under ITB #24-0031WW. Bids were opened on May 1, 2024. The City of Dover received two (2) bids as shown in the table below: BID PRICE EVALUATED CONTRACTOR LOCATION PRICE INSITUFORM TECHNOLGIES, LLC NEWARK, DE $1,279,530.00 $1,241,144.10* NATIONAL WATER MAIN KEARNEY, NJ $1,588,642.00 $1,588,642.00 CLEANING COMPANY *Insituform Technologies, LLC. was awarded a three percent (3%) reduction due to local vendor preference. City staff reviewed the submission and found that Insituform Technologies, LLC met all requirements for the qualifications of the project. Staff recommends awarding the contract to Insituform Technologies, LLC in the amount of $1,279,530.00 for the FY24 Inflow & Infiltration Rehabilitation Project. 5

Item 1. 18 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Map No 1 5 9 13 17 21 25 29 33 0 2,000 4,000 8,000 Feet 2 6 10 14 18 22 26 30 6 3 7 11 15 19 23 27 31 City of Dover - I & I Investigation 4 8 12 16 20 24 28 32

Item 2. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Legislative, Finance and Administrative Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: May 2, 2024 PREPARED BY: Shawn Burgett, Engineering Services & System Operation Superintendent SUBJECT: Evaluation of Bids –Relay Panels for Garrison Oak Technology & Business Park (GOTBP) REFERENCE: N/A RELATED PROJECT: EE2215 REVIEWED BY: Dave Hugg, City Manager; Paul Waddell, Electric Director; Patricia Marney, Interim Controller/Treasurer EXHIBITS: Exhibit A – Bid Tabulations for RFP 24-0028EL EXPENDITURE REQUIRED: $251,201.00 AMOUNT BUDGETED: $7,000,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Electric/163 Acct # 411-42-26-99-000-57060 TIMETABLE: Award upon Council Approval RECOMMENDED ACTION: Staff recommends the award of #24-0028EL to Electrical Power Products BACKGROUND AND ANALYSIS This Committee Action Form (CAF) is to gain approval for the purchase of relay panels to be installed at the new GOTBP substation. These panels are built with main and auxiliary relays for power protection at transmission and distribution ends. The relays will detect short circuits, overload, and other faults. It will also be used to control the switching equipment, to measure the energy and to provide annunciation at the transformer and distribution ends. The Request for Proposal was solicited and advertised per the City Purchasing Policy by the Procurement Manager, posted on the City website, and sent directly to multiple vendors the City knew could provide the material and there were two (2) responses. Rank Vendor All in Price Electrical Power 1 $251,201 Products Avail Enclosure 2 $312,272 Systems 7

Item 3. FISCAL YEAR 2024 AUDIT PROGRAM SB & COMPANY LLC OWINGS MILLS, MD 21117 CONTRACT AWARDED FOR FY 2022-2026 June 11, 2024 8

Item 3. WHAT WILL BE COVERED Planned scope and timing of the audit. Auditor’s responsibility Findings from the audit Financial reports assistance and review 9 2

Item 3. TIMING AND SCOPE To clearly communicate an overview of the audit scope and the timing of the audit. • Audit will encompass the Governmental, Business Type and Major Funds of the City of Dover. • Single Audit if the entity expends $750(k) or more in federal funds. • Includes schedules of expenditures of federal awards. Limited scope of review and analysis: Management’s discussion and analysis (MD&A) Budgetary comparison schedule(s) GASB- required supplementary schedules Combining and individual fund schedule(s) 10 3

Item 3. TIMING AND SCOPE (Continued) • To provide timely observations arising from the audit that are relevant to oversight of the financial reporting process. • Reasonableness of significant estimates • Evaluating accounting policies used • Review of new GASB standards. • To obtain relevant audit-related information from those charges with governance. 11 4

Item 3. AUDITOR’S RESPONSIBILITY Expression of opinions • Evaluate fairness of presentment of financial statements. • Verify conformity with accounting principles (GAAP – General Accepted Accounting Principles) • Limited procedures are performed on the required supplementary information. • Verify compliance with GAAS (generally accepted auditing standards) 12 5

Item 3. AUDITOR’S RESPONSIBILITY (Continued) Additional Objectives Include: • Internal control reporting: • Financial reporting and compliance with laws, regulations, contracts and award agreements. • Compliance related to reporting of major programs and with federal statutes, regulations and federal awards 13 6

Item 3. FINDINGS FROM THE AUDIT The auditor’s views about findings or issues that the auditor considers to be significant and relevant to those charged with governance regarding the oversight of the financial reporting process will be communicated to the management during the audit. 14 7

Item 3. 2023 UPDATE & 2024 AUDIT TIMELINE Open Discussion – Update to Council 15 8

Item 3. THANK YOU Patricia Marney Interim Controller / Treasurer pmarney@dover.de.us 16

ACTION FORM Item 4. PROCEEDING: CCOW - Legislative, Finance, and Admin. Ord #2024-22 DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 6/5/2024 PREPARED BY: David S. Hugg III & Kristen Mullaney SUBJECT: Proposed Ordinance #2024-22 – Amending Chapter 26 – Businesses, Article II – Licenses and Appendix F – Fees and Fines REFERENCE: Chapter 26 – Businesses, Article II – Licenses and Appendix F – Fees and Fines RELATED PROJECT: REVIEWED BY: David S. Hugg III EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: As soon as possible STAFF RECOMMENDATION: Approval BACKGROUND AND ANALYSIS The ordinance revises a number of business class definitions to remove certain classes that are no longer relevant and by adding new classes to address business types that are increasingly encountered. It also adjusts the license fees to provide added clarity, address inflation, and by rounding to whole numbers divisible by 4 which allows for ease in pro-rating to accommodate part-year applications. 17

Item 4. City of Dover PROPOSED ORDINANCE #2024-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 26 – Business, Article II – Licenses, be amended by inserting the text indicated in 5 bold, blue, italics and deleting the text indicated in red strikeout as follows: 6 7 Sec. 26-31. Definitions. 8 9 The following words, terms, and phrases, when used in this article, shall have the meanings 10 ascribed to them in this section, except where the context clearly indicates a different meaning: 11 Advertising agency means every person engaged in the business of displaying advertising 12 matter by billboards, posters or circulars, signs or window displays, or undertaking the writing or 13 composition of advertisements for other persons on a commission, rental, or flat fee basis. 14 Amusement operator means every person or company engaged in the business of exhibiting 15 public amusements, such as rides, games, demonstrations, and sideshows. This category shall 16 include circuses, amusement parks, and carnivals, but shall not include persons defined as 17 Entertainers. 18 Architect means every person engaged in the business of designing, planning, and technically 19 supervising the construction of any building, edifice, or other structural unit. 20 ATM machines (third-party or off bank premises) means each machine that offers limited or 21 full banking services. 22 Attorney-at-law means every individual duly admitted to the bar of any court of this state and 23 engaged in the active practice of such profession, whether self-employed or a member or employee 24 of a law firm or private corporation. 25 Auctioneer means every person engaged in the business of crying sales of real or personal 26 property on behalf of other persons for profit, except as otherwise provided by this article. No 27 auctioneer shall be authorized by virtue of the license granted to employ any other person to act as 28 auctioneer in his behalf, except in his own store or warehouse or in his presence, nor shall the term 29 "auctioneer" apply or extend to a judicial or executive officer making sales in pursuance of any 30 execution, judgment, or decree of any court, nor to public sales made by executors or 31 administrators. 32 Automobile race operator includes every person in the business of conducting motor vehicle 33 races for profit, including competition involving all recognized classes of stock, modified or sports 34 car, midget racers, drag racers, and every type of motor vehicle in any form of race, competition, 35 or time trial. For purposes of this license, motorcycle races shall be included in such definition. 18

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 2 36 Bank and loan and trust company mean each bank, or building and loan association, or trust 37 company, including non-deposit and limited-service banks. 38 Barber means every person operating a business of shaving the beard and cutting, trimming, 39 washing, waving, or otherwise dressing the hair of human beings. 40 Beautician means any person operating a business of doing work which is generally and 41 usually performed by so-called hairdressers, cosmetologists, beauticians, or beauty culturists and 42 however denominated in so-called hairdressing and beauty shops, which work is for the 43 embellishment, cleanliness, and beautification of women. 44 Bottler means any person engaged in the business of bottling from the bulk all beverages 45 commonly known as soft drinks, whether the beverages shall be prepared in whole or in part by 46 the bottler. 47 Broadcasting station includes every person engaged in the business of transmitting radio or 48 television communications over assigned frequency and wave lengths and subject to the 49 jurisdiction of the Federal Communications Commission. 50 Broker means every person operating a business of buying and selling for the account of other 51 persons for a commission or for profit, stocks, bonds, currency, negotiable paper, securities, and 52 any other intangible personal property. 53 Car wash includes every person operating a continuing business of cleaning, washing, or 54 waxing motor vehicles for profit and not for charitable or educational purposes. 55 Certified public accountant means every individual qualified and registered under the laws 56 of the state to practice as a certified public accountant and engaged in the active practice of such 57 profession, whether self-employed or a member or employee of a firm or private corporation. 58 Cesspool cleaner means every person engaged in the business of cleaning cesspools for profit 59 or reward. 60 Chiropodist and podiatrist mean every person engaged in the practice of caring for the feet 61 of human beings. 62 Chiropractor means every person engaged in the practice of treating human ailments by 63 means of muscular or bone manipulation. 64 Clinical social worker includes every person qualified under the laws of the state to practice 65 social work and engaged in active practice of such profession. 66 Coin-operated amusement machine owner means any person engaged in the business of 67 owning and operating, on his own account or by his agent, or leasing to or placing with another on 68 a commission or other basis, any coin-operated machine, device, or table upon or by means of 69 which games are played by the general public for amusement and entertainment, but not for the 70 purpose of obtaining any money or other thing of value. 71 Coin-operated vending machine owner means any person engaged in the business of owning 72 and operating, on his own account or by his agent, or leasing to or placing with another on a 73 commission or other basis, any coin-operated vending machine, contrivance or device which, upon 74 the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by 75 the payment of any price, operates or may be operated for the emission of goods or services. Coin- 19

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 3 76 operated stamp vending machines owned by the United States government and any pay telephone 77 shall be exempted from any taxation. 78 Coin-operated video machine means any person engaged in the business of owning and 79 operating, on his own account or by his agent, or leasing to or placing with another on a 80 commission or other basis, any coin-operated video machine, device, or table upon or by means of 81 which games are played by the general public for amusement and entertainment, but not for the 82 purpose of obtaining any money. 83 Commercial sign business includes all persons engaged in an outside sign advertising 84 business consisting of the erection, construction, maintenance, or leasing of outside signs, bulletin 85 boards, and poster boards. 86 Computer-related services includes persons or companies engaged in computer program- 87 related services, system designing and consulting, computer processing and data preparation and 88 processing, information retrieval, computer facilities management, and computer maintenance and 89 repair. 90 Consultant means every person operating a business, not more specifically defined otherwise 91 in this section, who gives expert advice for profit or reward. 92 Contractor means any person or company, whether operating from a place within the city or 93 not, engaged in the business of the construction, alteration, repairing, dismantling, or demolition 94 of buildings, roads, bridges, sewers, water and gas mains and every other type of structure within 95 the definition of real estate, including all subcontractors. 96 Day care operator means any person or company that provides care, supervision, and 97 guidance for six or more children or dependent adults. 98 Dentist means every person qualified under the laws of the state to practice dentistry and 99 engaged in active practice of such profession. 100 Distributor means every person engaged in the business of distributing samples, handbills, or 101 posters for compensation or on commission. 102 Drayperson and mover mean every person operating a business of transporting for profit 103 tangible personal property of other persons. 104 Eating establishment means any restaurant, coffee shop, cafeteria, short order cafe, 105 luncheonette, tavern, sandwich stand, soda fountain, drink stand and all other public eating 106 establishments where food is prepared, handled and served to the public at wholesale or retail 107 prices or for no price at all, as well as kitchens and other places in which food is handled or 108 prepared for sale elsewhere to the public, provided that food processing and distributing 109 establishments that do not sell prepared food to the public directly are not included in such 110 definition. 111 Eating establishment operator means any person engaged in the business of operating a 112 public place for the sale of food prepared or consumed on the premises for the accommodation of 113 casual visitors. 114 Employment agent means every person operating, for profit, a business of hiring laborers or 115 securing positions for other persons to be employed within the limits of the state. 20

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 4 116 Entertainer means every person or group of persons, whether operating from within the city 117 or not, performing together and engaged in the business of entertaining the public in the city 118 through live or recorded music, theater, or dance. 119 Entertainment agent or operator means persons or companies in the business of collecting 120 fees or commissions, or other payment for furnishing live or recorded music, theater, or dance 121 entertainment, whether in their own place of business or in the place of another. 122 Finance or small loan agency includes every person engaged in the business of lending 123 money, with or without security, to other persons, with repayments of the loans to be made by 124 installments or otherwise, but shall not include, either in reference to future or past transactions, 125 banks, or trust companies. 126 Fitness trainer means every person operating a business, whether full-time or part-time, of 127 providing physical training services to paying clients. 128 Food truck means any mobile or temporary cooking operation that stores, transports, 129 cooks, prepares, serves, or sells food and/or drinks. Any cooking apparatus or equipment 130 operated on a one-time basis, interim basis, or for less than 90 days in the same location, 131 other than at a fixed location, building, or structure that has been inspected and permitted 132 by the City of Dover Fire Marshal’s Office, City of Dover Licensing Office, and State of 133 Delaware Public Health. 134 Funeral director means every person engaged in the business and qualified under the laws of 135 the state to be so engaged as funeral directors and in active conduct thereof. 136 Gaming position means every individual space or seat, whether standing or sitting, authorized 137 to conduct gaming activities as identified on an approved floor plan. 138 General repairman means every person operating a business of repairing, reconditioning, or 139 otherwise restoring to useful service personal property of every kind and description not otherwise 140 provided for under this section. 141 Gas, light, and power company and cable TV and telephone company include the license fee 142 for utilities, provided that this license does not cover sales of appliances or equipment for which a 143 separate license shall be required. 144 Health spa and health club include every person engaged in the business of operating private 145 health, weight control, or physical culture facilities designed to establish and maintain the optimum 146 weight or physical conditioning of other persons. 147 Home daycare operator means any person that provides care, supervision, and guidance for 148 six or fewer children in an occupied residence excluding dependents of the operator or close 149 relatives. 150 Hotel includes every person engaged in the business of operating a place where the public 151 may, for a consideration, obtain sleeping accommodations and meals and which, within city limits, 152 has at least ten permanent bedrooms for the use of guests. 153 Income tax consultant means every person, not licensed as an attorney or accountant under 154 this section, engaged in the business of providing federal or state income tax assistance to other 155 persons for a fee. 21

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 5 156 Incorporator includes every person operating a business or procuring corporate charters or 157 acting as resident, registration, or transfer agent of domestic corporations, except attorneys-at-law 158 having a license to practice such profession in this state. 159 Insurance adjustor office includes any person engaged in the business of settling claims for 160 any insurance company or for any other purpose where insurance is involved, and a fair appraisal 161 must be made of the loss, injury, or damage. 162 Itinerant merchant means any person, whether as owner, agent, or employee, who engages in 163 a temporary business of selling and delivering goods, prepared foods, beverages, wares, or 164 merchandise within the city who is not located within a licensed "open market," as defined by this 165 article, or participating in a "nonprofit sponsored event," as defined in this article, shall be required 166 to obtain an itinerant merchant's license for each event or holiday season during which the itinerant 167 merchant operates. The term "event" means any three-week period during which a special 168 occurrence or holiday falls. 169 Janitorial and cleaning service includes persons or companies engaged in the business of 170 maintaining and cleaning building and structures, including pool maintenance services, in-house 171 rug and carpet cleaners, and house washing businesses. 172 Land lease community operator includes every person engaged in the business of providing 173 home sites and facilities, for rent or lease, to owners of separately owned dwellings, including 174 owners of mobile homes and manufactured homes. 175 Landscape services includes persons or companies, whether operating from a place within 176 the city or not, engaged in the business of designing or maintaining lawns, trees, bushes, or other 177 ornamental plants, including but not limited to tree surgeons, grass cutting services, and landscape 178 architects. 179 Laundry service operator means every person engaged in the business of operating a laundry, 180 including coin-operated self-service laundries, and/or of securing goods or fabrics to be so 181 laundered, whether the actual work of laundering such goods or fabrics is done within or without 182 the state. 183 Linen supplier means every person actively engaged in holding himself out to do the business 184 of supplying, furnishing, or making available coats, caps, aprons, uniforms, towels, dresses, 185 diapers, industrial wipers, smocks, linens, or other like articles and laundering and otherwise 186 renewing such supplies for profit. 187 Manicurist means every person operating a business of caring for the appearance of hands. 188 Manufacturer means any person, as owner or agent, in the practice, conduct, pursuit, or 189 carrying on the business of working raw materials into products of a different character, finished 190 or unfinished, or of effecting any combination or composition of material, the nature of which is 191 changed; or of finishing, by hand or machinery, goods, wares, or merchandise, or any article or 192 material. 193 Manufacturer's agent or representative means every independent contractor in the business 194 of representing one or more manufacturers for purposes of promoting the sale of the goods, 195 product, or line of goods or products of such manufacturer or manufacturers within the city. 196 Massage and bodywork therapist shall mean a person who represents himself or herself 197 to the public by any title or description of services incorporating the words “bodywork”, 22

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 6 198 “massage”, “massage therapist”, “massage therapy”, “massage practitioner”, “massagist”, 199 “masseur”, “masseuse”, or who engages in the practice of massage and bodywork for a fee, 200 monetary, or otherwise. 201 Mercantile agency and collection agency include every person operating a business or 202 investigation of financial ratings and credit and/or the collection of commercial accounts for other 203 persons, except attorneys-at-law having a license to practice such profession in this state. 204 Merchant means any person, as owner or agent, in the business of buying and selling 205 merchandise for cash or by barter, or engaged in prosecuting, following, or carrying on a retail or 206 wholesale business by purchasing and selling produce, goods, wares, or any property of whatever 207 description. 208 Motel includes every person engaged in the business of furnishing, for a consideration, 209 transient guests with sleeping accommodations, private bath and toilet facilities, linen service, and 210 a place to park an automobile and who is not in the business of operating a "hotel" or "tourist 211 home," as such terms are defined in this section. 212 Motion picture theater includes every person engaged in the business of displaying motion 213 pictures for public entertainment, regardless of the physical location of the projection facilities, 214 and shall include drive-in theaters. 215 Motor vehicle serviceman means every person operating a business of repairing, rebuilding, 216 repainting, or otherwise reconditioning motor vehicles or their parts. 217 NAICS means the North American Industry Classification System developed by the United 218 States Census Bureau and published as a manual. The NAICS was developed for use in the 219 classification of establishments by type of activity in which they are engaged. The licensing officer 220 shall use the NAICS to assist in the determination of license classes for this article and shall keep 221 a current copy of the NAICS on file in the licensing office. 222 Nursing, rest, or convalescent home (private) includes every person engaged in the business 223 of operating any institution, building, or agency in which accommodation is maintained, furnished, 224 or offered for any fee, gift, compensation, or reward for the care of aged, infirm, chronically ill, or 225 convalescent persons. 226 Online sales means any person conducting a business entirely on the internet. This 227 category shall include but not be limited to businesses selling goods and services online as a 228 home-based business. 229 Open market operator means any person or company primarily engaged in the business of 230 renting space, on a temporary or limited basis, to persons or businesses selling products and 231 services. This category shall include but not be limited to flea markets, bazaars, farmers' markets, 232 and common areas of shopping malls available for lease. Persons or businesses operating from 233 open markets shall not be required to obtain licenses under this Code. 234 Optometrist includes every person qualified under the laws of the state to practice optometry 235 and engaged in active practice of such profession. 236 Pawnbroker means every person operating a business of lending money on pledge of tangible 237 personal property or purchasing the same on the condition of returning it to the seller at a stipulated 238 price and of selling the property in default of the pawner. 23

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 7 239 Payment means the annual license taxes paid by persons engaged in the occupations listed 240 and defined in this section, at the rates specified in section 26-35(d). In addition to the annual 241 license fee indicated in such section, each such person shall pay a fee for each additional separate 242 branch or business location. 243 Pest control services includes persons or companies engaged in the business of exterminating 244 or controlling vermin from structures or properties. 245 Pharmacist means every person qualified under the laws of the state to practice pharmacy 246 and engaged in active practice of such profession. 247 Photographer means every person operating a business of taking, making and/or developing 248 photographs or pictures by action of light, for profit or reward. 249 Physical therapist means every person operating a business of practicing physical therapy as 250 defined in 24 Del. C. § 2601 et seq. 251 Physician and surgeon mean every individual qualified under the laws of the state to practice 252 medicine, osteopathy, and surgery, and engaged in active practice of such profession, whether self- 253 employed or a member or employee of a firm or private corporation. 254 Plant nursery and florist include every person in the business of operating a place where trees, 255 shrubs, plants, flowers, and the like are cultivated, grown, or propagated from seed or otherwise 256 for transplanting, for use as stock, for grafting, and for sale. Persons purchasing trees, shrubs, 257 plants, flowers, and the like for resale are subject to the appropriate license fee in this article. 258 Pool table operator means every person operating a business of maintaining pool or billiard 259 tables for public use. 260 Printer means any person engaged in the business of impressing letters or characters upon 261 paper or other substance by mechanical act. 262 Private investigator agency includes every person engaged in the business of practicing as a 263 private investigator as defined in 24 Del. C. § 1301 et seq., provided nothing in this definition shall 264 be construed to include any person exclusively employed as a guard, security officer or private 265 patrol officer. 266 Professional counselor means every person qualified under the laws of the state to practice 267 counseling and engaged in active practice of such profession. 268 Professional engineer means every individual qualified under the laws of the state to practice 269 professional engineering and is engaged in active practice of such profession, whether self- 270 employed or a member or employee of a firm or private corporation offering professional 271 engineering services to the general public. 272 Professional land surveyor means every individual who is a professional specialist in the 273 techniques of the principles of mathematics and the related sciences; is experienced in the 274 application of the principles of mathematics and the related sciences; understands the relevant 275 requirements of law for the presentation of adequate assistance relating to property descriptions 276 and the surveying of real property; is efficient in the practice of land surveying; and holds a valid 277 certificate to practice land surveying as defined by the state. 278 Psychologist means every person qualified under the laws of the state to practice psychology 279 and engaged in active practice of such profession. 24

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 8 280 Public accountant means every person actively operating a business of general public 281 accounting, who is not qualified and registered under the laws of the state to practice as a certified 282 public accountant. 283 Public stenographer means every person operating a business, whether full-time or part-time, 284 of providing stenographic services to the general public. 285 Publisher includes any person engaged in the business of manufacturing, promulgating, or 286 selling books, pamphlets, magazines, newspapers, or other literary productions, or issues or causes 287 to be issued books, pamphlets, magazines, newspapers, or other literary productions from the 288 press, for sale or for circulation. 289 Real estate brokers of record, appraisers, and property managers mean and include every 290 person or company, whether operating from the city or not, either certified by the state real estate 291 commission as brokers or appraisers engaged in the real estate business and/or those engaged in 292 real estate property management, whether owned by the management company or when acting as 293 an agent. The term includes those among such persons who deal exclusively or partly with rental 294 property. Persons or companies that combine one or more of these services shall pay for one license 295 only. 296 Real estate development corporation means every person or company in the business of real 297 estate development. 298 Real estate property manager means every person or company, whether operating from the 299 city or not, in the business of real estate rental property management and not required to be licensed 300 as a real estate broker of record, appraiser, or real estate agent by the state real estate commission. 301 Real estate salesperson or associate broker means every person, whether operating from 302 within the city or not, certified as such by the state real estate commission, and engaged in the real 303 estate business. Such term includes those among such persons who deal exclusively or partly with 304 rental property. 305 Rental services includes persons or companies engaged in the business of renting equipment, 306 motor vehicles, machinery, tools, furniture, videotapes and games, electronic sound, computer or 307 video systems, tents, and any other article. 308 Sales representative means every person, whether operating from a place within the city or 309 not, who works selling or supplying goods, commodities, or merchandise from place to place, 310 including fuel, food, services, goods, wares, and other articles. The term shall include peddlers, 311 home demonstrators, solicitors, and hucksters. 312 Schools and educational services (nonvocational) includes persons or companies engaged in 313 the business of providing instruction in areas of knowledge and skill not intended or principally 314 designed to provide a career. This definition shall include but is not limited to nonvocational art, 315 music, dance, driving, charm, and athletic instruction. 316 Schools and educational services (vocational) includes persons or companies engaged in the 317 business of providing instruction in areas of knowledge and skill intended or designed to provide 318 a career. This definition shall include but is not limited to barber, beautician, and modeling 319 instruction. 25

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 9 320 Scientific laboratory includes every person who operates, as a private business for a profit, a 321 scientific or medical laboratory offering testing, research, analytical, and other such technical 322 services to the public. 323 Scrap and waste material dealer includes every person or company engaged in assembling, 324 breaking up, sorting, and distributing, either wholesale or retail, scrap, or waste material of all 325 compositions, including but not limited to junkyards, salvage yards, and recycling centers. 326 Security services includes every person or company engaged in the business of providing 327 private security services, including security officers, guards, or private patrol officers. 328 Shoe repairman means any person engaged in the business of repairing or rebuilding shoes. 329 Tailor and garment services include persons or companies who make repairs and alterations 330 to clothes and other fabric products, including textile renovators. 331 Taxicab or bus operator means every person in the business of the operation of motor vehicles 332 in transporting persons for hire in the accommodation of the general public. The tax shall not apply, 333 however, in the operation of school buses used solely in the transportation of children to and from 334 kindergarten, grade school, vocational school, and high school. 335 Tourist home includes every person who operates a place where tourists or transient guests, 336 for a consideration, may obtain sleeping accommodations and which has at least two permanent 337 bedrooms for the use of tourists or transient guests and who is not in the "hotel" or "motel" business 338 as defined in this section. 339 Travel agency includes every person who operates a full-service travel bureau which assists 340 in the planning and acquisition of tickets for trips of its customers by land, sea, or air and for related 341 accommodation, and includes transportation agents who sell tickets on behalf of others, for 342 commission, and airline ticket sales offices. 343 Veterinarian means every person qualified under the laws of the state to practice veterinary 344 medicine and engaged in active practice of such profession. 345 Warehouseman means every person operating a business of public storage of tangible 346 personal property, including all services in connection therewith. 347 Wholesale news agency includes every person engaged in the business of conducting a 348 wholesale news agency, except any such person who is licensed as a merchant under city 349 ordinance. 350 351 Sec. 26-35. License required; fees. 352 (a) Nonprofessional service businesses. Except where expressed by definition in section 26- 353 31, nonprofessional service businesses shall pay an annual license fee for each store, place 354 of business or vehicle from which the licensee conducts the business operated within the 355 city. 356 (b) Professional services. Persons engaged in professional services, such as accountants, 357 certified or public, landscape architects, architects, optometrists, lawyers, dentists, 358 physicians and surgeons, psychologists, physical therapists, podiatrists, professional 26

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 10 359 engineers, and veterinarians shall pay an annual license fee for engaging in such 360 professional services within the city. 361 (c) Corporate employees. No license shall be required of any individual practicing a profession 362 or trade who is in the employ of any corporation licensed under any other provision of this 363 article and who does not practice his profession, except in his capacity as an employee of 364 such corporation and, provided further, that no attorney in the employ of any such 365 corporation shall be required to obtain a license under this section so as to fulfill 366 assignments made to him by any state court. 367 (d) Businesses licensed. 368 (1) No person shall conduct or engage in any of the following trades, businesses, or 369 occupations within the city without a license and paying the appropriate fee as provided 370 for in Appendix F—Fees and Fines. 371 (2) Manufacturers and contractors shall pay a license fee as provided for in Appendix F— 372 Fees and Fines. 373 (3) Merchants and bottlers shall pay a license fee as provided for in Appendix F—Fees and 374 Fines. 375 (4) Sports betting and horse racing (Simulcast) shall be licensed for each activity and shall 376 pay a license fee as provided for in Appendix F—Fees and Fines. 377 378 Sec. 26-36. Determination of license fee; duties of license officer; refunds. 379 (a) Generally. License fees shall be in the amounts established in this article, and as further 380 determined in this section. 381 (b) Duties of license officer. The license officer shall: 382 (1) Higher fee. Require the payment of an additional or higher license fee, to be prorated 383 for the balance of the license period, when a licensee places himself in that status under 384 this article by: 385 a. Increasing the number of his employees. 386 b. Expanding the size of his business, plant, or premises. 387 c. Increasing the number or size of his vehicles. 388 d. Making any other lawful and material change of any kind in his business. 389 (2) Partial refund. Refund a proportion of the amount of fee already paid, prorated for the 390 balance of the license period, upon notification by a licensee of his voluntary retirement 391 from business. 392 (3) Late commencement of business. Prorate the license fee quarterly for the balance of 393 any license period, including minimum license fees of any business commenced after 394 the beginning of the license period. Prorating of the license fee shall not occur for 395 contractors who receive a per job license, or for itinerant merchant licensees. The first 396 pro-ration begins on November 1st, the second pro-ration begins on February 1st, 397 and the third pro-ration begins on May 1st, of each year. 27

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 11 398 (c) Refund. 399 (1) Except as provided, no rebate or refund of any license fee or part thereof shall be made 400 by reason of the nonuse of the license or by reason of a change of location or business 401 rendering the use of the license ineffective. The license officer shall have the authority 402 to refund a license fee or prorated portion thereof where: 403 a. Error. The license fee was collected through an error. 404 b. Hardship. Some particular hardship might be involved. 405 c. Death or incapacity. The licensee has been prevented from enjoying the full license 406 privilege due to his death or incapacity to engage in the business. 407 d. Armed services. The licensee has entered the armed services of the United States 408 through induction or enlistment and is thereby rendered unable to conduct the 409 business. 410 e. Government takeover. The licensed business is forced to close before the expiration 411 of the license period by reason of the taking over of the business or licensed 412 premises by the United States government, the state, or this city. 413 f. Fire, casualty. The licensed business was destroyed by fire or other casualty 414 through no fault of the licensee. 415 (2) A rebate or refund provided for in this subsection (c) shall be based upon the number 416 of days in the license period remaining after the occurrence of the event relied upon for 417 the rebate. 418 419 BE IT FURTHER ORDAINED: 420 421 That Appendix F – Fees and Fines, be amended by inserting the text indicated in bold, blue font 422 and deleting the text indicated in red strikeout as follows: 423 424 Chapter 26. – Business Chapter 26. Businesses Fees and Fines Article II. Licenses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-35. License required; fees Subsec. (d)(1) Businesses licensed Advertising agency $95.00 $96.00 Amusement operator $157.00 $160.00 Architect (per person) $250.00 $256.00 Attorney-at-law (per person) $313.00 $320.00 ATM machines (third-party or off-bank premises) $50.50 $52.00 Auctioneer $157.00 $160.00 Automobile race operator $375.00 $380.00 Bank, or loan and trust company $313.00 $320.00 28

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 12 Barber $63.00 $64.00 each additional chair over two $4.00 Beautician $63.00 $64.00 each additional chair over two $4.00 Broadcasting station $313.00 Broker $157.00 $160.00 Car wash $188.00 $192.00 Certified public accountant (per person) $250.00 $256.00 Cesspool cleaner $125.00 $128.00 Chiropractor (per person) $313.00 $320.00 Clinical social worker (per person) $96.00 $100.00 Coin-operated amusement machine owner, per machine $3.00 $4.00 Coin-operated vending machine owner, per machine $3.00 $4.00 Coin-operated electronic video machine, per machine $125.00 $128.00 Commercial sign business $125.00 $128.00 Computer-related services $125.00 $128.00 Consultant $50.50 $52.00 Daycare operator: Center or home provider with greater than six children $50.50 $52.00 Dentist (per person) $313.00 $320.00 Distributor $63.00 $64.00 Dray person or mover $125.00 $128.00 Eating establishment and/or eating establishment operator $125.00 $128.00 Employment agency $125.00 $128.00 Entertainer: One—three entertainers per group $50.50 $52.00 Four—nine entertainers per group $95.00 $96.00 Ten or more $125.00 $128.00 Entertainment agent $188.00 $192.00 Finance or small loan agency $250.00 $256.00 Fitness trainer $69.00 $72.00 Food Truck $180.00 Funeral director $250.00 $256.00 Gaming position $155.00 $160.00 Gas, light, power, cable TV, and telephone company $938.00 $960.00 General repairman $63.00 $64.00 Health spa or health club $188.00 $192.00 Home daycare operator $25.50 $28.00 Hotel: Per room $9.50 $12.00 Per suite $12.50 $12.00 Income tax consultant $188.00 $192.00 Incorporator $125.00 $128.00 29

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 13 Insurance adjustor office $125.00 $128.00 Itinerant merchant, per event $100.00 Janitorial and cleaning service: One—three employees $50.50 $52.00 Four—nine employees $95.00 $96.00 Ten or more employees $125.00 $128.00 Land lease community operator, per home site within community $25.00 $24.00 Landscape service company: One—three employees $50.50 $52.00 Four—nine employees $95.00 $96.00 Ten or more employees $125.00 $128.00 Laundry service operator: Primary facility $125.00 $128.00 Additional drop-off locations $50.50 $52.00 Linen supplier $125.00 $96.00 Manicurist (per person) $32.00 $128.00 Manufacturer's agent or representative $125.00 $128.00 Massage Therapist (per person) $60.00 Mercantile agency or collection agency $125.00 $128.00 Motel, per room $7.00 $8.00 Motion picture theater $188.00 $192.00 Motor vehicle serviceman $95.00 $96.00 Nursing, rest, or convalescent home $188.00 $192.00 Online Sales (home-based business) $60.00 Open market operator: First 20 spaces, per rented space $22.50 $24.00 21st—50th space, per rented space $11.50 $12.00 Each space over 50, per rented space $6.00 $8.00 Outdoor tables, per table $6.00 $8.00 Optometrist (per person) $313.00 $320.00 Pawnbroker $188.00 $192.00 Pest control services $95.00 $96.00 Pharmacist (per person) $188.00 $192.00 Photographer $125.00 $128.00 Physical therapist (per person) $188.00 $192.00 Physician and/or surgeon (per person) $313.00 $320.00 Plant nursery and florist $95.00 $96.00 Podiatrist (per person) $313.00 $320.00 Pool table operator, per table $63.00 $64.00/ Maximum fee $189.00 $192.00 Printer $125.00 $128.00 Private investigator agency $188.00 30

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 14 Professional counselor (per person) $63.00 $64.00 Professional engineer (per person) $250.00 $256.00 Professional land surveyor (per person) $250.00 $256.00 Psychologist (per person) $313.00 $320.00 Public accountant (per person) $188.00 $192.00 Public stenographer $38.00 Publisher $313.00 $320.00 Real estate broker, appraiser, and manager $157.00 $160.00 Real estate development corporation $344.00 $352.00 Real estate property manager: One—three units managed $50.50 $52.00 Four—ten units managed $125.00 $128.00 Ten + units managed $125.00 $128.00 Real estate salesperson or associated broker $50.50 $52.00 Rental service $125.00 $128.00 Sales representative $50.50 $52.00 School and educational service (nonvocational) $63.00 $64.00 School and educational service (vocational) $125.00 $128.00 Scientific laboratory $250.00 $256.00 Scrap and waste material service $125.00 $128.00 Secondhand dealer of precious metals $125.00 Security service $188.00 $192.00 Self-service laundry or dry cleaner $125.00 Shoe repairman $50.50 $52.00 Sound truck, per hour $33.00 Tailor and garment service $50.50 $52.00 Taxicab or bus operator: First vehicle $26.00 $28.00 Each additional vehicle $26.00 $28.00 Tourist home, per room $7.00 $8.00 Travel agency $125.00 $128.00 Veterinarian (per person) $313.00 $320.00 Warehouseman $250.00 $256.00 Wholesale news agency $63.00 All other businesses not listed: One—three employees $50.50 $52.00 Four—nine employees $95.00 $96.00 Ten—50 employees $125.00 $128.00 51—100 employees $313.00 $320.00 Subsec. (d)(2) Manufacturers/contractors rate $0.00046 of aggregate gross receipts/ Minimum fee 31

Item 4. Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 15 $125.00 $128.00 Subsec. (d)(3) Merchants/bottlers rate $0.00046 of aggregate gross purchases for resale/ Minimum fee $63.00 $64.00 Subsec. (d)(4) Sports betting and horse racing (Simulcast) rate of $0.00046 of the aggregate gross receipts (defined as commission) for each activity/ Minimum license fee $125.00 $128.00 Sec. 26-42. Penalty for late payment of license fee A penalty fee in the amount of ten percent per month of the amount of the licensee fee until the same is paid Article III. Going-Out-of-Business Sales; Fire Sales Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-108. Violations; penalties Not less than $25.00, nor more than $1,000.00 Sec. 26-137. Fees $25.00; renewal fee $25.00 425 426 427 ADOPTED: * 428 429 430 SYNOPSIS 431 It has been since 2010 that business license fees were adjusted. This ordinance revises the fees 432 charged for a business license by class of license to provide clarity and to reflect continued inflation 433 and rising cost of issuance. The fees are also adjusted to round numbers divisible by 4 to provide 434 ease in pro-rating for part-year license applications and to simplify the application process. 435 436 (SPONSORS: NEIL and HUGG) 437 438 439 Action History 440 06/11/2024 – Scheduled for Introduction – Council Committee of the Whole/ Legislative, Finance, 441 and Administration Committee 32

ACTION FORM Item 5. PROCEEDING: Council Committee of the Whole - Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Clerk DATE SUBMITTED: 06/06/2024 PREPARED BY: Andria Bennett – City Clerk / Chief Thomas Johnson SUBJECT: Proposed Ordinance #2024-23 – Amending Chapter 106 – Traffic and Vehicles, Article 1 – In General, Section 106-14. Off-road motor vehicle regulations. REFERENCE: RELATED PROJECT: REVIEWED BY: EXHIBITS: Proposed Ordinance 2024-23 EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approval of Proposed Ordinance #2024-23 BACKGROUND AND ANALYSIS Illegal Off-Road Vehicles (ORV) are back on the city streets. It is the duty of City Council to ensure and protect the safety of all who live, work, and play in the City of Dover. Just as in many other cities across the state of Delaware and the nation, law enforcement officers in Dover frequently encounter individuals operating ORV’s, dirt bikes, and other off-highway vehicles in an illegal and unsafe manner. This ordinance follows the main themes of the ordinance that has been successful in the City of Wilmington with suggestions/edits made by City of Dover Police Chief Thomas Johnson. This Ordinance amends Chapter 106 of the Dover Code to add to the definition of Off-road vehicle (ORV), adopting language included in Title 21 of the Delaware State Code pertaining to such motor-driven vehicles. This ordinance forbids the operation of Off-road vehicles within Dover with the only exceptions being authorized persons, in complete compliance with owner/operator provisions of the Delaware Code Title 21, Chapter 68. This ordinance also requires that off-road vehicles possessed or stored within Dover be locked or otherwise immobilized when not being used in accordance with state law. The intent of this ordinance is to prevent Off- road vehicles from being operated on the streets of Dover in violation of State law and jeopardizing public safety. 33

Item 5. City of Dover PROPOSED ORDINANCE #2024-23 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 106 – Traffic and Vehicles, Article 1 – In General, Section 106-14. Off-road motor 5 vehicle regulations be amended by inserting the text indicated in bold, blue, italics and deleting 6 the text indicated in red strikeout as follows: 7 8 Sec. 106-14. Off-road motor vehicle regulation 9 10 (a) Definitions. The following words, terms, and phrases, when used in this section, shall have 11 the meanings ascribed to them in this subsection, except where the context clearly indicates 12 a different meaning: 13 14 Off-road vehicle, or ORV, is interchangeable with the 21 Del. C. term of “Off-Highway 15 Vehicle”, or OHV, and means any motor vehicle or other motorized vehicle not licensed 16 to travel on the public roads of the state or permitted to travel on the public roads of the 17 state. It also means a motor driven off-road vehicle capable of cross-country travel 18 without benefit of a road or trail, on or immediately over land, snow, ice, marsh, 19 swampland or other natural terrain. It includes, but is not limited to, a multi-wheel 20 drive or low pressure tire vehicle, a motorcycle or related 2-wheel vehicle, an 21 amphibious machine, a ground effect air-cushion vehicle or other means of 22 transportation deriving motive power from a source other than muscle or wind, 23 including dirt bikes and all-terrain vehicles. ORV does not include a farm vehicle 24 being used for farming, a vehicle used for military, fire, emergency or law- 25 enforcement purposes, a construction or logging vehicle used in performance of its 26 common function, electric personal assistive mobility device or a registered aircraft. 27 However, nothing in this section shall be construed to include snowmobiles or electric 28 bikes, scooters, etc., incapable of speeds exceeding 20 mph. 29 30 Victim Services means the support of victims and/or survivors of crime, fire, or 31 serious traumatic injuries of any mechanism occurring within the city limits. 32 33 (b) Regulations. All off-road motor vehicles shall comply with the following regulations: 34 35 (1) City License. The operator must obtain a license from the city in order to operate the 36 vehicle within the corporate limits of the city, which license shall be issued according 37 to regulations adopted by the city regarding the amount of the fee, display of the license, 38 proof of insurance coverage, etc. 34

Proposed Ordinance #2024-23 – Chapter 106 – Traffic and Vehicles, Sec. 106-14 – Off-road motor vehicle Page 2 Item 5. 39 40 (2) Muffler. The vehicle must have a muffler system which limits engine noises to state 41 noise violation standards. 42 43 (3) Place of operation; approval. The operator must have in his possession written approval 44 of the owner of the property upon which he operates the vehicle, or he must operate the 45 vehicle on a site that is licensed and designated for such purpose. 46 (c) Violations. If any person witnesses a violation of subsection (b)(1), (b)(2), or (b)(3) of this 47 section by a person on or in a motor vehicle and the identity of the offender is not otherwise 48 apparent, there shall be a rebuttable presumption that the person in whose name such motor 49 vehicle is registered committed such a violation. 50 51 (d) Penalties. Anyone violating any provision of this section shall be fined as provided for in 52 Appendix F-Fees and Fines. Fines not paid within 14 days of the day the fine was issued, 53 including the day the fine was issued, shall be automatically doubled in amount. 54 55 (b) Ownership, Control, or Possession 56 57 (1) A person may own and/or control and/or possess an ORV so long as they adhere 58 to all of the owner and/or operator provisions of 21 Del. C. § 6801 through § 6813, 59 § 6825, § 6827, and § 6830 in publication at the time of the adoption of this Section, 60 and any future revisions by the Delaware General Assembly regarding owner or 61 operator responsibilities; and, 62 63 (2) A person may own and/or control and/or possess an ORV in the City so long as 64 the vehicle is securely locked or otherwise immobilized by a wheel clamp or other 65 object, device, method, or mechanism, whether attached to the vehicle or not, that: 66 i. prevents the vehicle from being freely moved; and 67 ii. cannot be removed or deactivated without the assistance of the 68 vehicle’s owner. 69 70 (c) Use, Driving or riding vehicle 71 72 (1) A person may use and/or drive and/or ride an ORV, on private property only, so 73 long as they adhere to all of the owner and/or operator provisions of 21 Del. C. § 74 6814(a), § 6821(a), and § 6823 in publication at the time of the adoption of this 75 Section, and any future revisions by the Delaware General Assembly regarding 76 owner or operator responsibilities; and, 77 (2) A person may use and/or drive and/or ride an ORV so long as they adhere to all 78 of the owner and/or operator restrictions of 21 Del. C. § 6815 through § 6820, § 79 6822 and § 6824 in publication at the time of the adoption of this Section, and any 80 future revisions by the Delaware General Assembly regarding owner or operator 81 responsibilities; and, 35

Proposed Ordinance #2024-23 – Chapter 106 – Traffic and Vehicles, Sec. 106-14 – Off-road motor vehicle Page 3 Item 5. 82 (3) No person may use and/or drive and/or ride an ORV, on public property 83 anywhere in the City. The provisions of 21 Del. C. § 6814(a) (1) do not apply to 84 the movement of an ORV from one private property to another. The provisions 85 of 21 Del. C. § 6814(a) (2) will apply to any public event with an approved City 86 permit. 87 (4) City license. The owner of a private property must obtain a license from the city 88 in order to operate, or allow the operation, of ORV’s on said private property 89 within the corporate limits of the city, which license shall be issued according to 90 regulations adopted by the city regarding the amount of the fee, display of the 91 license, proof of insurance coverage, etc. 92 (5) Muffler. Any ORV operated under the umbrella of a city license must have a 93 muffler system which limits engine noises to state noise violation standards. 94 95 (d) Penalties. 96 97 (1) Civil Penalty. Any person who violates any part of sub-sections (b) or (c) (4) or (c) 98 (5) is subject to a civil fine of five hundred dollars ($500) for the first offense and 99 one thousand dollars ($1,000) for every additional offense. 100 (2) Civil Penalty. Any person who violates any part of sub-sections (c) (1), (c) (2) or 101 (c) (3) is subject to a civil fine of two thousand dollars ($2,000) for the first offense 102 and an additional one thousand dollars ($1,000) for every additional offense 103 documented prior to the identification of the offender and seizure of the 104 unlawfully driven ORV. After an adjudication favorable to the City of the first 105 recorded case, any person who violates any provision of these sub-sections, and 106 charged a second or subsequent time, is subject to a civil fine of four thousand 107 dollars ($4,000) for the first offense and an additional two thousand dollars 108 ($2,000) for every additional offense 109 i. Any owner to whom a penalty is issued may, within forty-eight (48) 110 hours of being fined, agree to forfeit the vehicle in lieu of contesting 111 the violation and in lieu of any other fines or penalties. 112 ii. It should be considered a mitigating factor during judicial 113 proceedings if an individual charged under this Section, and who 114 has contested such charge, can provide proof that, after the time of 115 a violation, the vehicle in question has since been properly 116 registered and an appropriate immobilization device and 117 transportation mechanism have been secured in order to ensure 118 future compliance with this Section. 119 120 (3) Confiscate. In addition to any civil fines a police officer may issue pursuant to this 121 section, whenever a police officer has probable cause to believe that an ORV is 122 being used in violation of this section and either the ORV is not registered or the 123 ORV does not bear a valid registration decal pursuant to state law, the officer may 124 confiscate the ORV, either on view or upon execution of a lawfully obtained search 36

Proposed Ordinance #2024-23 – Chapter 106 – Traffic and Vehicles, Sec. 106-14 – Off-road motor vehicle Page 4 Item 5. 125 warrant, whereupon the Police Department shall comply with the remaining 126 provisions of this chapter. 127 (4) Disposition. Any confiscated or forfeited ORV will be disposed of by a city- 128 approved vendor at auction. Revenues returned from the disposed ORVs will be 129 directed to a special City account and can only be used for purposes related to 130 victim services. A standing committee that includes the Mayor, the President of 131 Council, the Emergency Management Coordinator, the Fire Chief and the Police 132 Chief will inform the City Manager of authorized expenditures from the fund. 133 134 (Code 1981, § 13-15; Ord. of 9-13-1982, § 2; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009) 135 136 137 ADOPTED: * 138 139 140 SYNOPSIS 141 This Ordinance amends Chapter 106 of the Dover Code to add to the definition of Off-road vehicle 142 (ORV), adopting language included in Title 21 of the Delaware State Code pertaining to such 143 motor-driven vehicles. This ordinance forbids the operation of Off-road vehicles within Dover 144 with the only exceptions being authorized persons, in complete compliance with owner/operator 145 provisions of the Delaware Code Title 21, Chapter 68. This ordinance also requires that off-road 146 vehicles possessed or stored within Dover be locked or otherwise immobilized when not being 147 used in accordance with state law. The intent of this ordinance is to prevent Off-road vehicles from 148 being operated on the streets of Dover in violation of State law and jeopardizing public safety. 149 150 (SPONSORS: ANDERSON, PILLSBURY, AND NEIL) 151 152 153 Action History 154 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and 155 Administration Committee 37

ACTION FORM Item 6. PROCEEDING: CCOW - Legislative, Finance, and Admin. Ord #2024-24 DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 6/5/2024 PREPARED BY: David S. Hugg III & Anne Marie Townshend (Rossi Group) SUBJECT: Proposed Ordinance #2024-24 – Amending Chapter 26 Businesses, Article II – Licenses, Sect. 26- 31. – Definitions, and Appendix F – Fees and Fines, Chapter 26 REFERENCE: Chapter 26 Businesses, Article II – Licenses, Sect. 26-31. – Definitions, and Appendix F – Fees and Fines, Chapter 26 RELATED PROJECT: Ord. 2024-25 REVIEWED BY: David S. Hugg III EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: Immanent - Subject to adoption of State Regulations and Licensing STAFF RECOMMENDATION: Approval BACKGROUND AND ANALYSIS This ordinance adopts definitions and a fee structure for licensing marijuana-related businesses. The General Assembly passed legislation last year authorizing the cultivation, manufacturing, distribution, and retail sale of marijuana products, with the adoption of regulations and issuance of licenses by the Marijuana Commissioner to begin soon. Should the City decide to allow any of these uses within the city revised definitions and fees are necessary. This Ordinance is a companion to the proposed Ordinance 2024-25 which amends provisions of the Zoning Ordinance relating to the use and location of marijuana-related facilities. 38

Item 6. City of Dover PROPOSED ORDINANCE #2024-24 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by 5 inserting the text indicated in bold, blue, italics in alphabetical order as follows: 6 7 Sec. 26-31. Definitions. 8 9 The following words, terms, and phrases, when used in this article, shall have the meanings 10 ascribed to them in this section, except where the context clearly indicates a different meaning: 11 12 Compassion center means a not-for-profit entity registered pursuant to §4914A of 13 Title 16 of the Delaware State Code that acquires, possesses, cultivates, manufactures, 14 delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or 15 related supplies and educational materials to registered qualifying patients who have 16 designated the dispenser to cultivate marijuana for their medical use and the registered 17 designated caregivers of these patients. 18 19 Marijuana cultivation facility or cultivation facility means an entity licensed by the 20 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 21 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 22 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 23 marijuana concentrates, tinctures, extracts, or other marijuana products. 24 25 Marijuana product manufacturing facility means an entity licensed by the State of 26 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products, 27 and sell marijuana and marijuana products to other marijuana product manufacturing 28 facilities and retail marijuana stores, but not to consumers. 29 30 Marijuana testing facility means an entity licensed by the State of Delaware to test 31 marijuana for potency and contaminants. 32 33 Retail marijuana store means an entity licensed by the State of Delaware to purchase 34 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 35 products from marijuana product manufacturing facilities, and to sell marijuana and 36 marijuana products to consumers. 37 38 BE IT FURTHER ORDAINED: 39

Item 6. Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 39 40 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended 41 by inserting the text indicated in bold, blue font as follows: 42 Chapter 26. Businesses Fees and Fines Article II. Licenses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-35. License required; fees Subsec. (d)(1) Businesses licensed Advertising agency $95.00 Amusement operator $157.00 Architect $250.00 Attorney-at-law $313.00 ATM machines (third-party or off bank premises) $50.50 Auctioneer $157.00 Automobile race operator $375.00 Bank, or loan and trust company $313.00 Barber $63.00 each additional chair over two $4.00 Beautician $63.00 each additional chair over two $4.00 Broadcasting station $313.00 Broker $157.00 Car wash $188.00 Certified public accountant $250.00 Cesspool cleaner $125.00 Chiropractor $313.00 Clinical social worker $96.00 Coin-operated amusement machine owner, per machine $3.00 Coin-operated vending machine owner, per machine $3.00 Coin-operated electronic video machine, per machine $125.00 Commercial sign business $125.00 Computer-related services $125.00 Consultant $50.50 Day care operator: Center or home provider with greater than six children $50.50 Dentist $313.00 Distributor $63.00 Dray person or mover $125.00 Eating establishment and/or eating establishment operator $125.00 Employment agency $125.00 Entertainer: One—three entertainers per group $50.50 40

Item 6. Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 3 Four—nine entertainers per group $95.00 Ten or more $125.00 Entertainment agent $188.00 Finance or small loan agency $250.00 Fitness trainer $69.00 Funeral director $250.00 Gaming position $155.00 Gas, light, power, cable TV and telephone company $938.00 General repairman $63.00 Health spa or health club $188.00 Home day care operator $25.50 Hotel: Per room $9.50 Per suite $12.50 Income tax consultant $188.00 Incorporator $125.00 Insurance adjustor office $125.00 Itinerant merchant, per event $100.00 Janitorial and cleaning service: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Land lease community operator, per home site within community $25.00 Landscape service company: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Laundry service operator: Primary facility $125.00 Additional drop-off locations $50.50 Linen supplier $125.00 Manicurist $32.00 Manufacturer's agent or representative $125.00 Mercantile agency or collection agency $125.00 Motel, per room $7.00 Motion picture theater $188.00 Motor vehicle serviceman $95.00 Nursing, rest or convalescent home $188.00 Open market operator: First 20 spaces, per rented space $22.50 21st—50th space, per rented space $11.50 Each space over 50, per rented space $6.00 Outdoor tables, per table $6.00 41

Item 6. Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 4 Optometrist $313.00 Pawnbroker $188.00 Pest control services $95.00 Pharmacist $188.00 Photographer $125.00 Physical therapist $188.00 Physician and/or surgeon $313.00 Plant nursery and florist $95.00 Podiatrist $313.00 Pool table operator, per table $63.00/ Maximum fee $189.00 Printer $125.00 Private investigator agency $188.00 Professional counselor $63.00 Professional engineer $250.00 Professional land surveyor $250.00 Psychologist $313.00 Public accountant $188.00 Public stenographer $38.00 Publisher $313.00 Real estate broker, appraiser, and manager $157.00 Real estate development corporation $344.00 Real estate property manager: One—three units managed $50.50 Four—ten units managed $125.00 Ten + units managed $125.00 Real estate salesperson or associated broker $50.50 Rental service $125.00 Sales representative $50.50 School and educational service (nonvocational) $63.00 School and educational service (vocational) $125.00 Scientific laboratory $250.00 Scrap and waste material service $125.00 Secondhand dealer of precious metals $125.00 Security service $188.00 Self-service laundry or dry cleaner $125.00 Shoe repairman $50.50 Sound truck, per hour $33.00 Tailor and garment service $50.50 Taxicab or bus operator: First vehicle $26.00 Each additional vehicle $26.00 42

Item 6. Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 5 Tourist home, per room $7.00 Travel agency $125.00 Veterinarian $313.00 Warehouseman $250.00 Wholesale news agency $63.00 All other businesses not listed: One—three employees $50.50 Four—nine employees $95.00 Ten—50 employees $125.00 51—100 employees $313.00 Subsec. (d)(2) Manufacturers/contractors/marijuana cultivation, $0.00046 of product manufacturing, and testing facilities rate aggregate gross receipts/ Minimum fee $125.00 Subsec. (d)(3) Merchants/bottlers/retail marijuana $0.00046 of stores/compassion centers rate aggregate gross purchases for resale/ Minimum fee $63.00 Subsec. (d)(4) Sports betting and horse racing (Simulcast) rate of $0.00046 of the aggregate gross receipts (defined as commission) for each activity/ Minimum license fee $125.00 Sec. 26-42. Penalty for late payment of license fee A penalty fee in the amount of ten percent per month of the amount of the licensee fee until the same is paid 43 44 ADOPTED: * 45 46 SYNOPSIS 47 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of 48 marijuana-related businesses and by adding marijuana business license types to Appendix F – 49 Fees and Fines. 50 51 (SPONSORS: ANDERSON and NEIL) 52 53 Action History 54 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and 55 Administration Committee 43

Item 6. City of Dover Recreational Marijuana Ordinances Business Licensing & Zoning 44

Recreational Marijuana Ordinances Item 6. Business Licensing Zoning Ordinance #2024-24 Ordinance #2024-25 • Addresses how marijuana • Addresses where marijuana- facilities will be licensed under related uses will be permitted the City’s Business Licensing • Includes supplementary provisions regulations, such as distancing from other uses • Requires public hearing 45

Recreational Marijuana Business License Item 6. Ordinance • Adds definitions for each license • Cultivation, Manufacturing, and type Testing facilities – fees consistent • Adds each license type to the with Manufacturers/Contractors fee schedule in Appendix F- Fees • Retail stores and compassion and Fines, Chapter 26 centers - fees consistent with Merchants/Bottlers 46

Recreational Marijuana Zoning Ordinance Item 6. Cultivation, Manufacturing, and Testing • Adds marijuana cultivation, manufacturing, and testing facilities as permitted uses in Manufacturing Zones (M) and Industrial Park Manufacturing Zones (IPM) • Adds marijuana cultivation facilities as a permitted use in Agricultural Zones (A) • All uses are subject to the requirements outlined in Article 5, Section 24. 47

Recreational Marijuana Zoning Ordinance Item 6. Retail Stores • Adds retail marijuana stores as a permitted use in Highway Commercial Zones (C-4) • All uses are subject to the requirements outlined in Article 5, Section 24. 48

Recreational Marijuana Zoning Ordinance Item 6. Article 5- Supplementary Regulations Article 12- Definitions • Adds Section 24: Marijuana Related Business • Adds definitions of each license 24.1 Provides a statement of purpose type to Article 12- Definitions 24.2 Clarifies that a compassion center is a retail use permitted in all zones where retail is permitted 24.3 Cultivation facility restrictions 24.4 Manufacturing facility restrictions 24.5 Testing facility restrictions 24.6 Retail facility restrictions 49

Security Measures Item 6. • Not included in Proposed Ordinance • OMC Proposed Regulations: • Marijuana must be stored in a looked and secured area. • Facilities must prevent unauthorized access using • Locks on all doors and windows • Lighted Points of Entry • An Alarm System • Video Surveillance • Reporting Requirements • Required Staff Training • Employee ID Badges • Product Tracking and Secure Transportation 50

Article 5- Supplementary Regulations Item 6. Cultivation & Manufacturing Facility Restrictions Testing Facility Restrictions • Distancing: 500 ft from the lot line of • Distancing: 500 ft from the lot line of • Residential zone • Residential Zone • K-12 School • K-12 School • Hospital • Hospital • College/University • Odor Control • Valid State License • Valid State License • Door and Window Coverings • Compliance with Code of Ordinances • Applicant pays cost of infrastructure 51 upgrades

Item 6. A, IPM, & M with 500 ft buffer from K-12 schools, hospitals, residential zones, and colleges/universities. 52

Article 5- Supplementary Regulations Item 6. Retail Store Distancing Restrictions Additional Retail Store Restrictions • 500 ft from the lot line of • Valid State License • K-12 Schools • Door and Window Coverings • Hospitals • 250 ft from the lot line of any • Residential Zone • College/University • 1 mile from the lot line of any other retail marijuana store within the City of Dover 53

Item 6. C-4 with 500 ft buffer for K-12 schools, hospitals, residential, and universities 54

Item 6. C-4 with 500 ft buffer for K-12 schools and hospitals, and 250 ft buffer for residential zones, and universities 55

Mayor/Council Comments Item 6. • Concern regarding lack of security provisions in ordinance • Security provisions are covered in the State regulations • Request for minimum distance of one mile from schools and places of worship • This requirement would leave no or nearly no locations within the City for the uses • Request for 1,000-foot distance from military installation • Not included in current draft • Desire for current compassion center to be permitted as a conversion license • Does not meet 250-foot distance from Residential Zones 56

Compassion Center Location Item 6. 57

Item 6. C-4 with 500 ft buffer for K-12 schools & hospitals, 250 ft from universities, No Residential Buffer 58

Mayor/Council Comments Item 6. • If ordinance were to prohibit marijuana uses in all zones except industrial zones, would there be viable locations in the City? • Currently retail is prohibited in industrial zones. Manufacturing/Industrial & Agricultural Zones with 500 ft buffer from K-12 schools and hospitals & 250 ft buffer from universities & Residential Zones 59

ACTION FORM Item 7. PROCEEDING: CCOW Legislative, Finance, and Admin. Ord #2024-25 DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 6/5/2024 PREPARED BY: David S. Hugg III & Anne Marie Townshend (Rossi Group) SUBJECT: Proposed Ordinance #2024-25 – Amending Appendix B – Zoning, Article 3 – District Regulations, Sec. 16 – Highway Commercial Zone (C-4), Sect. 19 – Manufacturing Zone (M), Sec. 20 – Industrial Park Manufacturing Zone (IMP), Sec. 23 – Agricultural Zone (A), Article 5 – Supplementary Regulations, and Article 12 – Definitions REFERENCE: Appendix B – Zoning, Article 3 – District Regulations, Sec. 16 – Highway Commercial Zone (C-4), Sect. 19 – Manufacturing Zone (M), Sec. 20 – Industrial Park Manufacturing Zone (IMP), Sec. 23 – Agricultural Zone (A), Article 5 – Supplementary Regulations, and Article 12 – Definitions RELATED PROJECT: Ord. 2024-24 REVIEWED BY: David S. Hugg III EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: Immanent - Subject to adoption of State Regulations and Licensing STAFF RECOMMENDATION: Approval BACKGROUND AND ANALYSIS This ordinance adopts definitions and a fee structure for licensing marijuana-related businesses. The General Assembly passed legislation last year authorizing the cultivation, manufacturing, distribution, and retail sale of marijuana products, with the adoption of regulations and issuance of licenses by the Marijuana Commissioner to begin soon. Should the City decide to allow any of these uses within the city revised definitions and fees are necessary. This Ordinance is a companion to the proposed Ordinance 2024-24 which amends provisions of the Zoning Ordinance relating to the use and location of marijuana-related facilities. 60

Item 7. City of Dover PROPOSED ORDINANCE #2024-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 – District Regulations, Section 16 – Highway Commercial 5 Zone (C-4) be amended by inserting the text indicated in bold, blue text as follows: 6 7 Section 16. Highway Commercial Zone (C-4). 8 9 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used, 10 and no building or part of a building shall be erected, which is arranged, intended, or designed to 11 be used, in whole or in part, for any purpose, except the following: 12 13 (q) Retail marijuana stores, subject to the requirements outlined in Article 5, Section 24. 14 15 BE IT FURTHER ORDAINED: 16 17 That Appendix B – Zoning, Article 3 – District Regulations, Section 19 – Manufacturing Zone 18 (M) be amended by inserting the text indicated in bold, blue font as follows: 19 20 Section 19. – Manufacturing Zone (M). 21 22 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building 23 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any 24 purpose, except the following, and in accordance with performance standards procedure as set 25 forth in article 5, section 8 and subject to the site development plan approval as set forth in article 26 10, section 2: 27 28 19.17 Railroad yards, sidings, and storage facilities. 29 30 19.18 Marijuana cultivation facilities, marijuana manufacturing facilities, and 31 marijuana testing facilities subject to the requirements outlined in article 5, 32 section 24. 33 34 19.18 19.19 Accessory uses: 35 36 (a) On-site offices, clinics, food service facilities, recreation facilities and child day care 37 services collocated within the permitted use and limited to exclusive use by employees, 61

Item 7. 38 and such other accessory uses and structures clearly incidental to, and customary to and 39 associated with the permitted use. 40 (b) The following uses may be permitted as conditional uses if approved by the planning 41 commission in accordance with the provisions and procedures set forth in article 10, 42 section 1 and any specified requirements set forth below: 43 44 (1) Associated retail uses in conjunction with and accessory to a permitted use, 45 provided that the associated retail uses do not occupy more than 30 percent of 46 the gross floor area of the building or group of buildings on a lot. Parking shall 47 be provided at a rate of one parking space per 300 square feet of retail space for 48 the exclusive use of retail customers in addition to the bulk parking requirements 49 of this zoning district for a particular use. 50 51 (2) Outside storage which is incidental to the primary uses on the lot, within a 52 completely enclosed and secure area appropriately screened from public view 53 and not in any required setback from property lines. 54 55 BE IT FURTHER ORDAINED: 56 57 That Appendix B – Zoning, Article 3 – District Regulations, Section 20 – Industrial Park 58 Manufacturing Zone (IPM) be amended by inserting the text indicated in bold, blue font as follows: 59 60 Section 20. – Industrial Park Manufacturing Zone (IPM). 61 62 20.1 Uses permitted. No building or premises shall be used and no building or part of a building 63 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any 64 purpose, except the following, and in accordance with performance standards procedure as set 65 forth in article 5, section 8, and subject to site development plan approval as set forth in article 10, 66 section 2: 67 68 20.19 Marijuana cultivation facilities, marijuana manufacturing facilities, and 69 marijuana testing facilities, subject to the requirements outlined in Article 5, 70 Section 24. 71 72 BE IT FURTHER ORDAINED: 73 74 That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A) 75 be amended by inserting the text indicated in bold, blue font as follows: 76 77 Section 23 - Agricultural Zone (A). 78 79 23.1 Uses Permitted. In an agricultural zone (A), no land or building shall be used and no building 80 or part of a building shall be erected or altered which is arranged, intended or designed to be used, 81 in whole or in part, for any uses except the following: 82 62

Item 7. 83 23.17 Marijuana cultivation facilities, subject to the requirements outlined in Article 84 5, Section 24. 85 86 BE IT FURTHER ORDAINED: 87 88 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the 89 text indicated in bold, blue font as follows: 90 91 Section 24. Marijuana Related Businesses. 92 93 24.1 Purpose. The purpose of this section is to protect public health and safety by 94 applying standards under which marijuana related businesses may operate 95 within the City of Dover, Delaware. 96 97 24.2 A compassion center is classified as retail use and is permitted in all commercial 98 zones where retail uses are permitted. 99 100 24.3 Where permitted in accordance with Article 3, marijuana cultivation facilities 101 are subject to the following restrictions: 102 103 24.31 The building footprint within which a marijuana cultivation facility is to 104 be located shall be at least 500 feet away from any residential zone, and any 105 private or public K-12 school, hospital, college or university. 106 107 24.32 All marijuana cultivation facilities shall install odor control technology, 108 as necessary, to control ventilation at the establishment in such a manner that 109 no odor from cannabis products can be detected outside the building on the 110 same property or on adjacent properties or in public rights-of-way, or within 111 any other unit located within the same building. The facility owner/operator 112 shall properly maintain all odor mitigation equipment to ensure maximum 113 efficiency. An application for a certificate of occupancy shall be accompanied 114 by a certification by a Professional Engineer, Certified Industrial Hygienist, or 115 other equivalently qualified professional that proposed odor control measures 116 will effectively eliminate outdoor odors associated with the cultivation of 117 marijuana. 118 119 24.33 An application for a certificate of occupancy shall be accompanied by a 120 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 121 State Code. 122 123 24.34 All building openings, entries and windows shall be located, covered or 124 screened in such a manner as to prevent a view into the interior from any public 125 or semipublic area. 126 127 24.35 The applicant is responsible for complying with the Code of Ordinances 128 of the City of Dover, Delaware including all provisions in Chapter 110, Article 63

Item 7. 129 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 130 131 24.36 The applicant is responsible for all costs associated with infrastructure 132 upgrades, alterations, changes, or extensions required to provide adequate 133 water, wastewater, and electric utility service. 134 135 24.4 Where permitted in accordance with Article 3, marijuana product 136 manufacturing facilities are subject to the following restrictions: 137 138 24.41 The building footprint within which a marijuana product manufacturing 139 facility is to be located shall be at least 500 feet away from any residential zone, 140 and from the lot line of any private or public K-12 school, hospital, college or 141 university. 142 143 24.42 All marijuana product manufacturing facilities shall install odor control 144 technology, as necessary, to control ventilation at the establishment in such a 145 manner that no odor from cannabis products can be detected outside the 146 building on the same property or on adjacent properties or in public rights-of- 147 way, or within any other unit located within the same building. The facility 148 owner/operator shall properly maintain all odor mitigation equipment to 149 ensure maximum efficiency. An application for a certificate of occupancy shall 150 be accompanied by a certification by a Professional Engineer, Certified 151 Industrial Hygienist, or other equivalently qualified professional that proposed 152 odor control measures will effectively eliminate outdoor odors associated with 153 the manufacturing of marijuana. 154 155 24.43 An application for a certificate of occupancy shall be accompanied by a 156 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 157 State Code. 158 159 24.44 All building openings, entries, and windows shall be located, covered, or 160 screened in such a manner as to prevent a view into the interior from any public 161 or semipublic area. 162 163 24.45 The applicant is responsible for complying with the Code of Ordinances 164 of the City of Dover, Delaware including all provisions in Chapter 110, Article 165 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 166 167 24.46 The applicant is responsible for all costs associated with infrastructure 168 upgrades, alterations, changes, or extensions required to provide adequate 169 water, wastewater, and electric utility service. 170 171 24.5 Where permitted in accordance with Article 3, marijuana testing facilities are 172 subject to the following restrictions: 173 24.51 The building footprint upon which a marijuana testing facility is to be 174 located shall be at least 500 feet away from any residential zone, and from the 64

Item 7. 175 lot line of any private or public K-12 school or hospital. 176 177 24.52 An application for a certificate of occupancy shall be accompanied by a 178 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 179 State Code. 180 181 24.6 Where permitted in accordance with Article 3, retail marijuana stores are 182 subject to the following restrictions: 183 184 24.61 The building footprint upon which a retail marijuana store is to be 185 located shall be at least 500 feet away from any private or public K-12 school 186 or hospital and at least 250 feet away from any residential zone, and from the 187 lot line of any college or university. 188 189 24.62 The building footprint within which a retail marijuana store is to be 190 located shall be at least 1 mile away from the lot line of any other retail 191 marijuana store within the City of Dover. 192 193 24.63 An application for a certificate of occupancy shall be accompanied by a 194 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 195 State Code. 196 197 24.64 All building openings, entries, and windows shall be located, covered, or 198 screened in such a manner as to prevent a view into the interior from any public 199 or semipublic area. 200 201 BE IT FURTHER ORDAINED: 202 203 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 204 bold, blue font in proper alphabetical order as follows: 205 206 Article 12. – Definitions. 207 208 Compassion center means a not-for-profit entity registered pursuant to § 4914A of 209 Title 16 of the Delaware State Code that acquires, possesses, cultivates, manufactures, 210 delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or 211 related supplies and educational materials to registered qualifying patients who have 212 designated the dispenser to cultivate marijuana for their medical use and the registered 213 designated caregivers of these patients. 214 215 Marijuana cultivation facility or cultivation facility means an entity licensed by the 216 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 217 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 218 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 219 marijuana concentrates, tinctures, extracts, or other marijuana products. 220 65

Item 7. 221 Marijuana product manufacturing facility means an entity licensed by the State of 222 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products; 223 and sell marijuana and marijuana products to other marijuana product manufacturing 224 facilities and retail marijuana stores, but not to consumers. 225 226 Marijuana testing facility means an entity licensed by the State of Delaware to test 227 marijuana for potency and contaminants. 228 229 Retail marijuana store means an entity licensed by the State of Delaware to purchase 230 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 231 products from marijuana product manufacturing facilities; and to sell marijuana and 232 marijuana products to consumers. 233 234 235 ADOPTED: * 236 237 238 SYNOPSIS 239 This ordinance amends Appendix B- Zoning of the Dover Code by adding definitions of 240 marijuana-related businesses, allowing marijuana-related businesses to operate as permitted uses 241 in certain zones, and adding supplementary regulations, by which marijuana-related businesses 242 must abide. 243 244 (SPONSORS: ANDERSON and NEIL) 245 246 247 Action History 248 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and 249 Administration Committee 66

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