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Rehoboth set to prohibit marijuana businesses

Ordinances would ban public consumption, prohibit most weed facilities and stores
August 15, 2023

Story Location:
Rehoboth Beach City Hall
229 Rehoboth Avenue
Rehoboth Beach, DE 19971
United States

Rehoboth Beach commissioners are set to vote on two ordinances that will prohibit any businesses related to the sale and manufacturing of marijuana, or smoking it in public spaces.

The first ordinance would ban smoking marijuana in all public spaces. This ordinance mirrors state law, said Mayor Stan Mills at an Aug. 7 workshop.

The second ordinance would prohibit the operation of marijuana cultivation, manufacturing and testing facilities and retail stores. It’s a basic prohibition, said City Solicitor Glenn Mandalas.

Commissioner Tim Bennett said he’d read about Delaware towns trying to prohibit the sale of alcohol, but the state stepped in and said that wasn’t allowed. Mandalas said the state’s new marijuana law specifically gives municipalities the power to prohibit marijuana-related businesses if they want.

Bennett also asked Mandalas if the city approved marijuana-related businesses, would it be allowed to tax the sale of marijuana. Mandalas said no. Any taxation comes at the state level, he said.

Commissioner Patrick Gossett asked Mandalas if there is a loophole in the ordinance related to businesses gifting marijuana to people who purchase other items.

Mandalas said he would look into it before commissioners take a vote.

City Manager Laurence Christian said the new ordinance does not affect existing businesses that sell CBD, a compound found in marijuana that doesn’t get people high but is used for many ailments.

Laurie Golem, the general manager of the Columbia Care location on Route 1 outside Rehoboth, encouraged city commissioners to support the adult use of marijuana.

Mills said the proposed laws only impact businesses within the corporate limits of Rehoboth Beach. The good news is that it's likely to send people in Columbia Care’s direction, he said.

Commissioners are expected to vote on the ordinances during the commissioner meeting Aug. 18.

Awnings, canopies and marquees

Rehoboth commissioners are also set to vote on an ordinance that creates regulations for awnings, canopies and marquees.

During the Aug. 7 workshop, Assistant City Manager Evan Miller said the new ordinance mimics the process used for the awnings approved for the Oliver Whitby retail shop and Coast Hotel earlier this year. Additionally, he said, there would only be a license agreement needed for new requests.

The ordinance includes definitions for the three types of overhanging structures, building requirements, the creation of an application fee of $325, and a section on revocation and removal.

Mills asked how the city would enforce the location of posts or columns. Miller said applicants must go before commissioners for final approval, and during that meeting, commissioners can impose conditions related to placement.

Weird summer for public works

At the workshop, Public Works Director Kevin Williams provided a brief update on how the summer was going for his department.

Water usage is down 10 million gallons, sewer usage is up 10 million gallons and trash collected is up 35 tons, he said, adding he’s not really sure why the numbers are so different.

Williams speculated that the summer rain has meant less need for irrigation, but also that the rain has come in big storms, which could lead to stormwater overflowing into sewers. It’s been a weird summer, he said.

 

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