Definitions.

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As used in this subchapter:

(1) “Commercial activity” is an activity constituting a business licensable under § 2301 of this title, other than any of the following business:

Amusement conductor, amusement park operator, auctioneer, automobile race operator, bowling alley operator, circus exhibitor, entertainment agent, finance or small loan agency, floor show operator, health spa or health club, junk dealer, motion picture theater, outdoor music festival promoter, pawnbroker, pool table operator, public bath keeper, salvage yard operator and self-service laundry or dry cleaner.

(2) “Retail activity” is engaging in business as a retailer, as defined in § 2901(18) of this title, other than by providing retail food and beverage services (including eating and drinking places, but excluding grocery and convenience stores), engaging in automobile sales or providing recreation or entertainment.

(3) “Targeted area” is:

a. Any real property located within this State that is owned by the State, any political subdivision of the State or any agency or instrumentality of the State or its political subdivisions;

b. Any real property located within this State that is owned by an organization described in § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)) which is organized and operated, and which holds such real property, solely for the purpose of fostering economic development within this State;

c. Any area located within this State that has been approved by the United States Department of Commerce as a general purpose foreign trade zone;

d. Any of the following 1990 Delaware census tracts, as defined by the United States Department of Commerce, Bureau of the Census:

1. Within the City of Wilmington:

2. Within New Castle County (other than the City of Wilmington):

3. Within Kent County:

4. Within Sussex County:

e. When socio-economic data becomes available from the 2000 Census, the Director of the Division of Small Business in conjunction with the Secretary of Finance shall evaluate all census tracts using the following criteria:

Percent of persons below poverty level; percent of households receiving public assistance; unemployment rate; median household income; a significant presence of vacant property within the target area; the character of the community; and population. Based on these criteria census tracts shall be reallocated on the following basis:
Ten in the City of Wilmington; 10 in New Castle County outside of the City of Wilmington; 5 in Kent County; and 5 in Sussex County. The provisions of this sub-subdivision shall supersede paragraph (3)d. of this section upon the reallocation of the census tracts. Upon request, the Director of the Division of Small Business, in conjunction with the Secretary of Finance, may consider extending the geographic boundary lines of the target area where the adjacent community otherwise satisfies the above-referenced criteria.

(4) Any term or phrase defined in § 2010 of this title shall have the meaning ascribed to it therein.


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