CHAPTER 53

FORMERLY

SENATE BILL NO. 173

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 302, VOLUME 49, LAWS OF DELAWARE, BEING "AN ACT TO INCORPORATE THE TOWN OF FENWICK ISLAND, DELAWARE" RELATING TO THE QUALIFICATIONS OF VOTERS AND TO THE POWER OF THE TOWN TO LICENSE, TAX AND COLLECT FEES.

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. Amend Section 9 of Chapter 302, Volume 49, Laws of Delaware, by adding a new sentence between the first and the second sentences of such Section to read as follows:

"For the purposes of determining the eligibility to vote the term, 'freeholder or his spouse' shall not include persons who claim title to land by virtue of their ownership rights in a limited partnership, a corporation, or other fictitious name association, or in special circumstances, where an organization is formed for the apparent or express purpose of taking title to property principally to acquire the right to vote."

Section 2. Amend Section 28 of Chapter 302, Volume 49, Laws of Delaware, by striking the seventh paragraph thereof in its entirety commencing with the words "THE TOWN OF PEN WICK ISLAND, DELAWARE shall, in like manner, have the power and authority to collect license fees" and ending with the words "any farm products grown on his or her farm" and inserting in lieu thereof a new paragraph to read as follows:

"THE TOWN OF FENWICK ISLAND, DELAWARE shall, in like manner, have the power and authority to license, tax and collect fees annually or more frequently for any and all Town purposes of such various amount or amounts as the Council shall, from time to time, fix from any individual, firm, association or corporation carrying on or practicing any activity, business profession or occupation within the limits of the Town; provided, however, that nothing herein shall he so construed as to make it mandatory upon any resident of the State of Delaware to apply for a license in order to sell, In the Town, farm produce or any farm products grown on his or her farm."

Approved June 14, 1983.