REGULAR COUNCIL MEETING
The Regu1ar Council Meeting was held on April 8, 1991 at 7:30 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Worley, Mr. Cregar, Mrs. Boaman and Mr. Rodriguez.
The invocation was given by Reverend Coleman, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Christiansen requested the addition of agenda item #2D (Proclamation Secretary's Week) and the addition of Legal Matters to item #12 (Executive Session - Personnel Matters).
Mr. Lynn moved for acceptance of the agenda as amended, seconded by Mr. Hall and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 23, 1991
The Minutes of the Regular Council Meeting of March 25, 1991 were unanimously approved by motion of Mr. Lynn. seconded by Mr. Hall and bore the written approval of Mayor Richter.
PROCLAMATIONS
Mayor Richter issued the following Proclamations:
Day of Prayer
WHEREAS, the National Day of Prayer is held each year on the first Thursday in May with the 1991 National Day of Prayer to be held on May 2nd with this year's theme to be "Prayer Works for America; and
WHEREAS, the National Days of Prayer are a venerable American tradition, the first such day having been proclaimed by the Continental Congress in 1773; and
WHEREAS, in observance of the National Day of Prayer, churches are encouraged to participate by ringing the church bells at 12:00 noon to remind our citizens of this specially designated day of prayer; and
WHEREAS, this year's theme "Prayer Works for America" has special significance in light of the accomplishments of the United States and its allied forces in the Middle East War and we seek God's blessing in our quest for peace in our nation.
NOW, THEREFORE, I, JOHN E. RICHTER, Mayor of the City of Dover, do hereby proclaim May 2, 1991 to be
A DAY OF PRAYER IN DOVER
and invite all to observe this day in ways appropriate to its importance and significance, and in particular, I request that all observe the time between 12:00 noon and 12:05 p.m. to ask God's blessing on their city, our nation, its leaders and its people and to thank Him for the blessing of liberty and peace.
The Proclamation was accepted by Charles Venable.
Days of Remembrance - Victims of the Holocaust
WHEREAS, from, 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and
WHEREAS, the people of the City of Dover should always remember the atrocities committed by the Nazis so that such horrors are never repeated; and
WHEREAS, the people of the City of Dover should continually rededicate themselves to the principle of equal justice for all people; and
WHEREAS, the people of the City of Dover should remain eternally vigilant against all tyranny and recognize that bigotry provides a breeding ground for tyranny to flourish; and
WHEREAS, April 11, 1991, has been designated, pursuant to an Act of Congress. as a Day of Remembrance of Victims of the Nazi Holocaust, known internationally as Yom Hashoah; and
WHEREAS, it is appropriate for the people of the City of Dover to join in the commemoration.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that, in memory of the victims of the Holocaust, and in the hope that we will strive always to overcome prejudice and inhumanity through vigilance, education, and resistance, proclaim that the week of April 7-14, 1991, is hereby designated as the Days of Remembrance of the Victims of the Holocaust.
The Proclamation was accepted by Councilman Levitt.
National Library Week
WHEREAS, reading is a basic key to achieving personal success in school, in business, and in life; and
WHEREAS, a literate society is essential to the success of our nation and librarians are leaders in promoting literacy by actively engaging in efforts to encourage people of all ages to read; and
WHEREAS, librarians are aggressively building partnerships in the community and making special efforts to reach out to parents, children, and low-literate adults; and
WHEREAS, libraries ensure equal access to knowledge and information and offer valuable reading resources and services; and
WHEREAS, National Library week is a time to celebrate libraries and literacy with the message, "Read Succeed".
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 14 - 20, 1991 as NATIONAL LIBRARY WEEK in Dover, Delaware and encourage all residents to visit their libraries, to read, and to join us in expressing great appreciation to librarians for the essential services they provide.
The Proclamation was accepted by Mr. Robert Wetherall, City of Dover Library Director.
Professional Secretaries Week
WHEREAS, professional secretaries are committed to upholding, the highest ethical standards; and
WHEREAS, professional secretaries are willing to go the extra mile; and
WHEREAS, professional secretaries are the unheralded members of the management team; and
WHEREAS, the week of April 21-27, 1991, has been designated Professional Secretaries Week by Professional Secretaries International, its originator and sponsor.
NOW, THEREFORE, I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, do hereby proclaim the week of April 21st through April 27th. 1991, as PROFESSIONAL SECRETARIES WEEK, and Wednesday, April 24, 1991, as PROFESSIONAL SECRETARIES DAY, and ask that management everywhere join in recognizing the outstanding professionals in their employ.
The Proclamation was accepted by Mrs. Judy Klink.
RESOLUTION - SPRING CLEAN UP
By motion of Mr. VanSant, seconded by Mr. Salters, Council unanimously adopted the following Resolution:
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City; and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City; and
WHEREAS, the annual Old Dover Days will be celebrated on May 4, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL L OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 21 - 27, 1991 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises. All Spring Clean Up items should be put out the same day as your regular household garbage for pick up.
3. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: April 8, 1991
RESOLUTION - ST. JONES CLEAN UP DAY
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously adopted the following Resolution:
WHEREAS, the St, Jones River is a vital part of the City of Dover and it is recognized as a tremendous local natural resource: and
WHEREAS, we need to confront environmental problems, including the loss of wetlands and other wildlife habitats, air and water pollution, and hazardous and solid waste buildup; and
WHEREAS, the future of the St. Jones River depends upon the cooperative efforts of our citizenry to clean and maintain the river and to ensure a safe environment for future generations; and
WHEREAS, the City of Dover and the State of Delaware are jointly working towards restoring the St. Jones River to a more natural state and have established a Cleanup Day to bring emphasis to this resource and to coordinate and assist all who would like to participate; and
WHEREAS, the St. Jones River Cleanup Day will coincide with the celebration of National Youth Service Day, Earth Week, and National Volunteers Week which is very fitting since environmental concern and volunteerism are the necessary ingredients for success in the restoration of the quality of the St. Jones River to ensure a safe environment for ourselves and for future generations.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize April 27, 1991 as "ST. JONES RIVER CLEANUP DAY" in the City of Dover and encourage citizens and organizations to participate in our efforts to clean the St. Jones River.
ADOPTED: April 8, 1991
PUBLIC HEARINGS AND FINAL READINGS - LAND SUBDIVISION REGULATIONS
A public hearing was duly advertised to consider amendments to Article IV, Section C. Paragraph 5 and Article IV, Section C, Paragraph 9.c of the Subdivision Regulations. Council President Christiansen explained that the First Readings of the ordinances were accomplished during the Council Meeting of March 11, 1991.
Mr. VanSant moved to acknowledge the Final Readings of the proposed amendments by title only, seconded by Mr. Lynn and unanimously carried.
Mr. Cregar explained that Article IV, Section C, Paragraph 5 is an amend ent that would impact the maintenance bond requirements currently utilized for subdivisions and the improvements that are required. The amendment to Article IV, Section C, Paragraph 9.c deals with how long a plat maintains its approval and sets forth a time frame for a developer to request additional time.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
Mr. Lynn moved for approval of the amendments to Article IV, Section C, Paragraphs 5 and 9.c. The motion was seconded by Mr. Weyandt and by a unanimous roll call vote, Council adopted the following amendments:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OFF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article IV, Section C, deleting Paragraph 5 in its’ entirety and by inserting in lieu thereof the following:
“5. When all improvements are completed to the satisfaction of the City Manager and when the subdivider makes an application for dedication of streets and other public areas and easements, such application shall be accompanied by a maintenance bond in the amount of ten (10) percent of the cost of all public improvements, upon the advice of the City Manager, to be adequate to assure the satisfactory condition of the initial improvements for a period of at least one (1) year following their completion and to remain valid until Certificates of Occupancy have been issued and/or property transfers have occurred for at least 75% of the lots within the subdivision. Such bond shall be satisfactory to the City Solicitor with regard to form, sufficiency, manner of execution and surety."
ADOPTED: April 8, 1991
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Article IV, Section C, Paragraph 9 by deleting Subsection c) . in its' entirety and placing in lieu thereof the following new paragraph:
“10. If construction of improvements has not commenced within 12 months from the date of final plat approval by the Planning Commission, then said plat approval shall become null and void, unless an extension of time is applied for by the developer and granted by the Planning Commission. Application for extension of final plat approval shall be made to the Planning Commission no later than thirty (30) days prior to the final plat approval expiration date."
ADOPTED: April 8, 1991
RECONSIDERATION OF ONE YEAR LIMITATION - REZONING OF LANDS LOCATED ON EAST SIDE OF U.S. ROUTE #113 - DELAWARE INDUSTRIAL ENTERPRISES
During their meeting of April 9, 1990, Council approved the rezoning of lands located on the east side of U.S. Route #113, south of the Blue Hen Mall, owned by Delaware Industrial Enterprises, from M (Manufacturing) to IPM (Industrial Park Manufacturing). As indicated in Article 10, Section 5.183 of the Dover Code, if construction has not been started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the Zoning Map, an amendment to rezone the land to its prior classification shall be automatically placed on the Council Agenda to be reconsidered.
City Planner Cregar explained that the property consists of approx4mately 34.35 acres. Following rezoning, the owner filed a conceptual subdivision plan and on June 18, 1990, the Planning Commission indicated its general concurrence with the development pattern proposed by the developers. No further activity has taken place since.
In reviewing the one year limitation on zoning of the property, the Planning Commission reviewed their comments from the original request. In making their original recommendation for approval, the Commission believed that the change to IPM would permit the owners a better opportunity to plan and execute an industrial business park, meeting the design criteria as set forth in the zoning text Further, the IPM zone would provide greater control and protection of the residential and retail commercial lands adjacent tot he site. The Planning Commission now recommends the zoning classification of IPM (Industrial Park Manufacturing) be permitted to continue for a period of one year, for review at the end of that period.
Responding to questions by Mr. Hall, Mr. Cregar stated that the owners still wish to develop this parcel and hope to proceed as the economy improves.
Mr. Lynn moved to permit the zoning, classification of IPM (Industrial Park Manufacturing) to be extended for a period of one year, with review at the end of that year, for property located on the east side of U.S. Route #113, south of the Blue Hen Mall, owned by Delaware Industrial Enterprises. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote.
PARKS AND RECREATION COMMITTEE
The Parks and Recreation Committee met on March 26, 1991 with Chairman Daisey presiding.
Silver Lake Contract - Phase II
The committee reviewed a final draft of the "Contract for Professional Services" submitted by the State of Delaware DNREC for Phase II of the Silver Lake Restoration Project. The contract contains commitments from four organizations, as follows: 1) DNREC; 2) F.K. Browne Associates; 3) the Kent Conservation District; and 4) the City of Dover.
Phase II of the Silver Lake Restoration Project consists of performing the steps that were identified in Phase I, such as shoreline stabilization, retrofitting of urban storm water detention basins in areas that flow into the lake, public education programs, etc. Phase III will consist of dredging the lake.
Committee members were provided with a detailed list identifying the project elements and funding costs/sources which totals $209,904. The City of Dover's commitment totals $43,602, whereby $28,702 will be made in cash contributions and $14,900 in the form of in-kind services.
The State of Delaware DNREC is in charge of the project and the City's Community Services Department will serve as the liaison for the City. Staff assured the committee that the City is not obligated for additional funds should additional elements for the project be discovered.
The committee recommended that Council approve the Contract for Professional Services for Phase II of the Silver Lake Restoration Project.
Mr. Daisey moved for approval of the committee's recommendation. seconded by Mr. Weyandt and carried by a unanimous roll call vote.
Mr. Daisey moved for acceptance of the Parks and Recreation Committee Report, seconded by Mr. Weyandt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on March 26, 1991 with Chairman Weyandt presiding.
Salvation Army - Social Services Department - City of Dover
The committee considered a letter from Lt. Jeffery T. Bassett, Commanding Officer from the Salvation Army, relaying his concerns of the many men and women within the City of Dover who have drug and alcohol problems, are unemployed, illiterate and homeless. To alleviate some of these problems, Lt. Bassett suggested that the City hire a staff person that would be responsible for overseeing social problems.
Lt. Bassett stated that there are millions of dollars allocated by the State of Delaware to address social needs within the State. It is his feeling that the City of Dover could obtain more money than the small social service agencies. Lt. Bassett stated that there would be no need to burden residents with additional taxes, explaining that the new position would be dependent on grants. He explained that the City would only locate and obtain the funds, and that the smaller social agencies would then apply to the City to receive financial assistance to fulfill their programs.
Members of the committee felt that the concept should be considered in the reorganization of the City of Dover. City staff will obtain additional information and if the concept is feasible, recommendations will be submitted to the committee for their review.
Request for Funds - Police Department
The Dover Police Department has been experiencing serious problems in the areas of Kirkwood, Queen, Reed, and New Streets, and some portions of Governors Avenue. To assist in alleviating these problems, the Police Department initiated a foot patrol program, consisting of two officers walking the streets four nights per week between the hours of 5:30 p.m. and 10:00 p.m. in those problem areas. This is an extra duty assignment and does not take away from normal shifts. The foot patrol is funded by a special grant in the amount of $30,000 received from the Criminal Justice Council.
Based on the strong support that is being received from the community, Chief Hutchison requested permission to increase walking foot patrols to seven nights per week which would be a cost factor to the City of Dover in the amount of approximately $11,279.76 to complete the end of the current budget year on June 30, 1991.
The committee recommended that the Police Department be permitted to expend $11,279.76 for the purpose of increasing the foot patrol program to seven days per week.
Relaying to the recent conversion to daylight savings time, Mr. Weyandt suggested that the times for foot patrol be altered to 6:30 p.m. through 11:00 p.m. Council agreed that the times for foot patrol should be left flexible, for determination by the Chief.
Mr. Weyandt moved for approval of the committee's recommendation to permit the Police Department to expend $11,279.76 for the purpose of increasing the foot patrol program to seven days per week, with the hours to be set by the Chief of Police. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote.
University of Delaware - Request for Extension of Variance - Modular Classrooms at Delaware Technical and Community College
On August 8, 1988, Mayor and Council approved a request from the University of Delaware to utilize modular classrooms at Terry Campus for a period of three years (1988/89 through 19901/91 academic year). The University of Delaware submitted a letter requesting that the City of Dover extend the variance through the 1993/94 academic year.
Mr. John Murray, Acting Dean at the University of Delaware Parallel Program, explained to the committee that the parallel program operates under a contract between Delaware Technical & Community College and the University of Delaware to provide Arts and Sciences courses for college bound students from Dover and Kent County. He advised members that DTCC's long-term plan to accommodate the parallel program is either by acquiring a building adjacent to the main campus or constructing another building. Mr. Murray stated that neither one of those plans are expected to occur within the next few years; therefore, they requested that an extension be granted.
The City's Fire Marshal has inspected the facilities and reported that they are satisfactory and in compliance with required Codes.
The committee recommended that Council approve extending the period of time for modular classrooms for the use of the University of Delaware Parallel Program through the 1993/94 academic year, stipulating that an agreement, containing the expiration date, be signed by both parties.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
Trash Collection - Chicken Festival
The 43rd Annual Delmarva Chicken Festival is scheduled for June 7-3, 1991. at the Delaware State College. The event is sponsored by the Delmarva Poultry Industry, Inc., and hosted by the Kent County Tourism Corporation, Forward Central Delaware and the Central Delaware Chamber of Commerce. Approximately $1,500 is contributed by the Delmarva Poultry Industry, Inc. to support the festival, and money is raised through the trade, art shows and concessions. All excess funds will be turned over to the Kent County Tourism Corporation.
The festival committee has requested that the City of Dover support the festival with police and refuse collection services and that the refuse service be provided at no charge. The refuse collection would consist of placing five to ten 300-gallon containers and ten to twenty 90-gallon containers for a two-day period, at an estimated cost of $1,275.
The committee recommended that the City provide refuse collection for the 43rd Annual Delmarva Chicken Festival at no charge.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Lynn and carried by a unanimous roll call vote.
City Transfer Tax
When the City adopted a transfer tax several years ago, the tax was modeled after the State tax legislation so that there would be no confusion for property owners. Last year, the State of Delaware approved H.B. 729 which amended Section 5401, Chapter 54, Title 30 of the Delaware Code pertaining to the State's realty transfer tax. According to the City Solicitor, our ordinance does not automatically adopt subsequent amendments to the State law.
Staff feels that it is much easier for the City's realty transfer tax to be identical to the State's to avoid confusion and misunderstandings and recommended that Mr. Rodriguez be authorized to prepare the necessary documents to amend the City ordinance.
The committee recommended that the City Solicitor draft the proposed amendment to the City Code. to be identical to the State's transfer tax legislation, for review by Council.
Noting that a draft amendment to the ordinance was submitted by the City Solicitor, Mr. Weyandt moved for approval of the amendment, stating that the First Reading of the proposed amendment will take place during the latter part of this meeting. The motion was seconded by Mr. Levitt and unanimously carried.
Sign Regulation Amendments
As requested by Mayor Richter, the City Planner met with Mr. Karl Dorzback, member of the Downtown Dover Development Committee, to examine the City's current sign regulations and determine what revisions, if any, would be warranted. The Mayor also requested that a committee be established for the purpose of reviewing any proposed amendments and to provide input and direction to the amendment process.
The City's Planning Staff, Chairman of the Board of Adjustment, and Mr. Dorzback, reviewed all, the Board of Adjustment's cases that involved requests for sign variances for the years 1987, 1988, and 1989. A set of recommendations were presented to the Special Committee for their review. In December 1990, the Special Committee suggested revisions to the proposed sign regulation amendments.
The amendments were submitted to the Planning Commission for their review and recommendations. The Planning Commission recommended their support and concurrence with the amendments.
The committee recommended approval of the proposed amendments to the RG-0 and C-4 district sign regulations and that a public hearing be held to receive comments.
Mr. Weyandt moved for approval of the committee's recommendation, setting the public hearing for May 13, 1991 at 7:30 p.m. (The First Reading of the proposed amendment will take place during the latter part of this meeting.) The motion was seconded by Mr. Lynn and unanimously carried.
1991/96 Capital Improvement Plan
The committee noted that special meetings will be held by the various committees to review the Capital Improvement Plan in detail.
Community Development Block Grant Application
As requested by Mr. Weyandt, staff prepared a breakdown of the $43,931 listed in the FY 1991 Community Development Block Grant Application as administrative expenses. During the grant preparation process, the figure was revised to $39,637 to meet the State of Delaware's 50% match requirement for the administrative portion of this grant. When the CDBG is administered, the City receives a grant from the State of Delaware of which the City matches. Although $39,637 is the City's portion for the project, only $17.236 is budgeted. The City is able to take credit for in-kind contributions from the Inspections Department, Finance Department, etc and puts it towards matching the State’s portion of the administration money. The City’s cash contribution and in-kind services total the amount which is matched by the State of Delaware.
The committee took no further action.
City Manager's Monthly Report
The committee reviewed the City Manager's monthly report and took no action.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Lynn and unanimously carried.
REZONING REQUEST - PROPERTY ON S. GOVERNORS AVENUE - WILLIAM G. BUSH, III
A request was received to rezone property located on the west side of South Governors Avenue, from C-3 (Service Commercial) to C-1A (Limited Commercial), owned by William G. Bush, III.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. VanSant, seconded by Mr. Lynn, Council unanimously referred the request to the Planning Commission and set a public hearing for June 10, 1991 at 7:30 p.m. The first reading of the following ordinance was accomplished by title only:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF SOUTH GOVERNORS AVENUE, SOUTH OF THE INTERSECTION OF DOVER STREET AND SOUTH GOVERNORS AVENUE
FINAL READING - PROPOSED ORDINANCE
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of March 25, 1991.
Section 14-15 - Smoking Restrictions
Mr. VanSant moved for acknowledgment of the Second Reading of the ordinance by title only, seconded by Mr. Weyandt and unanimously carried.
Mr. Daisey moved for approval of the ordinance as presented, seconded by Mr. Lynn.
Mr. Hall stated that he originally opposed adoption of the Smoking Restrictions Ordinance, feeling that approval of such an ordinance would be over-legislation; however, citizen support for the proposed ordinance has been overwhelming. Feeling that he was elected to represent the interests of the citizens of Dover, which may not always coincide with his own feelings, he explained that he would support the legislation.
Mr. VanSant objected to approval of the ordinance, feeling that common courtesy should control the problems associated with smoking and that approval of such an ordinance would indeed be over-legislation by a governing body. He referred to his concern of the possible financial burden to the small businessman attempting to comply with the ordinance. Although Council amended the ordinance to allow an appeal before Council in instances where a business experiences a financial burden in trying to comply, Mr. VanSant stated that Council will find itself in a position of making judgmental decisions regarding this type of appeal. Mr. VanSant also warned that H.B. No. 7 has been introduced to the House and its ultimate approval could have an affect upon the City's ordinance.
Mr. Daisey explained that although he does not support over-legislation, in this case a person's health is at stake, reiterating that this is not a rights issue, but rather a health issue. A smoker will not be forbidden from smoking, only restricted from inflicting harm to others.
On a call for the question on the motion by Mr. Weyandt, Council approved the following ordinance by a roll call vote of eight (8) yes, one (1) no (Mr. VanSant):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The Dover Code is amended by adding a new section to be designated Section 14-15 to read as follows:
Sec. 14-15. Smoking Regulations.
(a) Generally. The Surgeon General of the United States, the National Academy of Sciences, and other health organizations have linked passive exposure to tobacco smoke (second-hand smoke) to a variety of negative health conditions in non-smokers which has prompted Council to enact smoking regulations for the health, welfare, and safety of residents of the City of Dover and to strike a reasonable balance between the rights of smokers and non-smokers by regulating smoking in certain public places and places of employment.
(b) Definitions. When used in this See. 14-15, the following words and terms shall have the following definitions and meanings.
(1) "Bar or cocktail lounge area" shall mean that part of any restaurant or other establishment, to a depth of twenty (20) feet from such bar, primarily engaged in the business of selling or dispensing alcoholic or other beverages and duly licensed by the State of Delaware for the same, but secondary to the restaurant or other primary use of the establishment.
(2) "Employee" shall mean any person who renders or has rendered any service to another for a consideration or its equivalent, under an expressed or implied contract, and who is or was under the control and direction of the latter when rendering the services including temporary, provisional, casual or part-time employment.
(3) "Employer" shall mean an individual, partnership, association, corporation, governmental body or agency, or any other entity, for whom or for which one or more persons renders or have rendered any services on a salary, commission or other compensation basis.
(4) "Health care facility" shall mean any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions.
(5) "Person" includes individuals, firms, partnerships, associations, corporations, companies and organizations of any kind.
(6) "Place of employment" shall mean any enclosed area under the control of a public or private employer, which employees normally frequent during the course of employment. A private residence is not considered to be a place of employment for the purpose of this ordinance, nor is a motor vehicle of the employer used by employees in the course of employment.
(7) "Public conveyance" shall mean any taxi cab, mass transit vehicle or school bus, or any vehicle offered to passengers for a fee.
(8) "Public meeting" includes any meeting or assembly held in any room, auditorium or chamber wherein public, civic or governmental business is conducted and which is open to the public either as participants or spectators.
(9) "Public place" includes any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks; educational facilities; health care facilities; day care centers, retirement homes, rest or nursing centers; property owned, occupied or operated by the City of Dover or any agency thereof; public transportation facilities; lobbies and reception areas; but not including the offices or work areas not entered by the public in the normal course of business or use of the premises. A private residence is not a public place, but the lobby or common area of a multi-family dwelling is a public place.
(10) "Restaurant" shall mean any establishment which is regularly used and kept open principally for the purpose of serving complete meals to persons for consideration and which has seating at tables for thirty-five (35) or more persons, and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. The service of only such food and victuals as sandwiches or salads shall not be deemed to be the service of meals. Any such establishment shall be duly licensed as a restaurant" by the city and state.
(11) "Retail store" shall mean any establishment whose primary purpose is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise, articles or food for consumption off the premises.
(12) "Second-hand smoke" shall mean the smoke to which a person may be involuntarily exposed, either through a smoker exhaling the smoke of or from a tobacco product, or through the lighting or burning of any tobacco product.
(13) "Smoking" includes the lighting, burning, holding or carrying of, or emitting, or inhaling, or exhaling the smoke of a pipe, cigar or cigarette of any kind or any form of lighted object or device which contains tobacco.
(14) "Sports arena" shall mean any indoor facility primarily used for sports, cultural or similar events.
(15) "Taproom" shall mean any establishment which is regulated and licensed as such by the State pursuant to the Delaware Alcoholic Beverage Control Act and which is provided with special space and accommodations and operated primarily for the sale by the glass for consumption on the premises of alcoholic beverages with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object.
(16) "Tavern" shall mean any business selling spirits, wine or beer by the glass at retail for consumption on the premises, and which is duly licensed and regulated as such pursuant to the Delaware Alcoholic Beverage Control Act, and in which the sale of food is a secondary object as distinguished from a restaurant where the sale of food is the primary object.
(17) "Theater" shall mean any indoor facility primarily used for the exhibition of any motion picture, stage drama, musical recital, dance, lecture or other similar performance.
(c) Prohibitions. Smoking is unlawful in public places defined in subsection (b)(9) and in the following public places during the hours in which they are open to the public:
(1) Art galleries, libraries, museums and similar cultural facilities;
(2)Classrooms and lecture halls;
(3) Designated no-smoking areas of restaurants, as set forth in subsection (d);
(4)Elevators;
(5) Health care facilities, not including the in-patient sleeping quarters of any facility; each such facility shall make a reasonable effort to assign patients to sleeping rooms according to the patient's smoking or non-smoking preference; provided, however, that the owner or other person with authority to manage and control such facility may designate separate rooms or areas in which smoking is permitted, using existing physical barriers and ventilation systems to the greatest extent possible to minimize the second-hand smoke in adjacent no-smoking areas;
(6)Public conveyances;
(7) Public meetings;
(8) Retail stores, other than retail tobacco stores whose primary activity is the sale or promotion of tobacco and tobacco products and accessories; provided, however, that smoking may be permitted in those areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one store to another and consist primarily of walkways and seating arrangements; further provided that where smoking is permitted, the proprietor shall post a sign to that effect; and
(9) Theaters and sports arenas, except when smoking is part of a theatrical production; provided, however that smoking may be permitted in the area that serves as a lobby if physically separate from the spectator area and if a sign is posted to that effect.
(10) Smoking is unlawful in designated no-smoking areas of places of employment, as set forth in subsection (g),
(d)Restaurants and other Establishments and Facilities.
(1) Non-smoking area, when requ