CHAPTER 130

AN ACT TO AMEND CHAPTER 212, VOLUME 25, LAWS OF DELAWARE, AS AMENDED, RELATING TO CREATION OF A VICE PRESIDENT OF THE COMMISSIONERS OF BETHANY BEACH; REPEAL OF CERTAIN REAL ESTATE EXEMPTIONS FROM MUNICIPAL TAXATION; INCREASE OF THE AMOUNT WHICH MAY BE RAISED FROM TAXATION OF REAL ESTATE; AND LICENSURE OF BUSINESS AND OCCUPATIONS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein) :

Section 1. Section 6, Chapter 212, Volume 25, Laws of Delaware, as amended, is hereby further amended by striking out all of said section and substituting in lieu thereof the following:

The Commissioners and their successors, at the first meeting after each election, or as soon thereafter as may be, shall choose a President and a Vice President from their own number and a Secretary and Treasurer, to serve during the pleasure of such Commissioners. The said Secretary and Treasurer may be one and the same person and shall receive such compensation as shall be fixed by the Commissioners. The said Treasurer shall give such bond as shall be determined, and as shall be approved by said Commissioners. The said Commissioners shall also appoint a collector to collect the taxes that shall be assessed during the current year. If a vacancy shall occur in the office of any officer appointed by the Commissioners, the said Commissioners shall fill such vacancy for the unexpired term. It shall be the duty of the President : to preside at the meetings of the said Commissioners and to have the general supervision of the affairs of said town and of the persons who may be employed by the said Commissioners ; to receive the complaints of nuisances and violation of laws and ordinances and present the same to the said Commissioners at their next meeting for their action ; to sign all warrants on the Treasurer for the payment of any moneys; and to perform such other duties as may be prescribed by any ordinance of the by-laws adopted by said Commissioners. The Vice-President shall act as President of the Commissioners during the absence or disability of the President and shall perform such other duties as may be assigned to him by the President. The duties of said Secretary shall be such as are prescribed by the by-laws, but, in conjunction with the said Treasurer, he shall prepare an annual report of the financial condition of said town showing the receipts and expenditures, which said report shall be submitted to the said Commissioners and be open to the inspection of any freeholder of said town. The Treasurer shall have custody of all funds and resources of the town and his duties generally shall be prescribed by the Commissioners. A majority of said Commissioners shall constitute a quorum and may transact any business and perform any duties that may come before them or which is imposed on them by this act.

Section 2. Section 13, Chapter 212, Volume 25, Laws of Delaware, as amended, is hereby further amended by striking from said Section the last two sentences thereof.

Section 3. Section 12, Chapter 212, Volume 25, Laws of Delaware, as amended, is hereby further amended by striking out all of said Section and substituting in lieu thereof the following:

Section 12. That for the purpose of raising money for the general purposes of said Town, the Commissioners of said Town are authorized and empowered to levy and collect by taxation an annual sum, not exceeding One Hundred Thousand Dollars, on all assessable real estate within the limits of the said Town."

Section 4, Chapter 212, Volume 25, Laws of Delaware, as amended, is hereby further amended by inserting a new Section to be known as Section 9A to read as follows:

Section 9A. The Commissioners are hereby authorized to license, tax, and collect fees annually for any and all municipal purposes of such various amounts as the Commissioners may from time to time fix by ordinance from any individual, firm or corporation carrying on or practicing any business, profession or occupation within the corporate limits of the Town; provided, however, that nothing herein shall be construed to make it mandatory upon any resident of this State to apply for a license in order to sell in the Town any farm produce or products grown upon a farm owned by the vendor or any member of his family with whom he resides.

Approved November 7, 1967.