Ordinance 23-10-01: Prohibition of Marijuana-Related Businesses — Town of Middletown, DE
Middletown, Delaware
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ORDINANCE 23-10-01
Introduced: Oct. 2, 2023
Approved:
AN ACT TO AMEND CHAPTER 45, OF THE TOWN
OF MIDDLETOWN CODE OF ORDINANCES
CONCERNING LICENSING OF BUSINESSES TO
EXPRESSLY PROHIBIT THE PRODUCTION AND
SALE OF MARIJUANA AND OTHER MARIJUANA
RELATED BUSINESS ACTIVITIES
WHEREAS, the Town of Middletown deems it appropriate, necessary and proper
for the protection of persons and property and for the preservation of public health, welfare,
and safety of its citizens to adopt regulations pertaining to the production and sale of
marijuana within the Town, and
WHEREAS, the Mayor & Council finds the production and sale of marijuana is
not deemed to be clearly integral and harmonious component of permitted use within the
Town, and
WHEREAS, the recently enacted Delaware Marijuana Control Act specifically
provides a municipality may prohibit the operation of marijuana cultivation facilities,
marijuana product manufacturing facilities or retail marijuana stores through the enactment
of an ordinance or through an initiated or referred measures, and so
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Mayor &
Council of the Town of Middletown, New Castle County, Delaware, in session met, as
follows:
Section 1. Amend §45-4 of the Town of Middletown Code of Ordinances by adding thereto
a new subsection to read as follows:
E. No business license shall be issued for any operation of marijuana cultivation facilities,
marijuana product manufacturing facilities, retail marijuana stores or marijuana smoking
lounges within the municipal boundaries of Middletown as such facilities and stores are
defined in Title 4, Chapter 13 of the Code of the State of Delaware.
Section 2. If any provision of this Ordinance shall be deemed or held to be invalid or
unenforceable for any reason whatsoever, then such invalidity or unenforceability shall not
affect any other provision of this Ordinance which may be given effect without such invalid
or unenforceable provision, and to this end, the provisions of this Ordinance are hereby
declared to be severable.
Section 3. This Ordinance shall take effect immediately upon its passage by a majority
vote of the Commissioners of the Town of Middletown.
SYNOPSIS:
The purpose of this ordinance is to prohibit marijuana related businesses from being
conducted in Middletown in response to the enactment of the Delaware Marijuana Control
Act by the General Assembly of the State of Delaware. This State legislation specifically
provides that a Municipality may prohibit the operation of marijuana cultivation facilities,
marijuana testing facilities, or retail marijuana stores through the enactment or through an
initiated or referred measure. The adoption of this amendment to Chapter 45 of the Town
of Middletown Code of Ordinances is to protect the public health, welfare and safety of
citizens and inhabitants of the Town of Middletown.
ADOPTED BY MAYOR AND COUNCIL THIS
SEVENTH DAY OF NOVEMBER, 2023.
(SEAL)
__________________________________________
MAYOR OF THE TOWN OF MIDDLETOWN
ATTESTED TO BY:
_________________________________
"CLERK," TOWN OF MIDDLETOWN