Terms Used In Delaware Code > Title 6 > Chapter 47 - Transient Retailers

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Authority: shall mean the Transportation Authority. See Delaware Code Title 2 Sec. 1801
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Council on Transportation. See Delaware Code Title 2 Sec. 1801
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Delaware Department of Transportation. See Delaware Code Title 2 Sec. 1801
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gross revenue: means all revenue which (i) is collected by a public carrier subject to regulation by the Department; and (ii) is derived from the intrastate public carrier business of such a carrier, except, however, that "gross revenue" of a public carrier operating by leasing all or part of its vehicles to nonemployee independent contractor drivers as authorized under this chapter shall mean as to such leased vehicles all revenue which (i) is collected from the nonemployee independent contractor lessees operating vehicles under such public carrier's certificate of public convenience and necessity; and (ii) is derived from the intrastate public carrier business of such a carrier. See Delaware Code Title 2 Sec. 1801
• infant formula: means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of 2. See Delaware Code Title 6 Sec. 4720
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intrastate public carrier business: means all that portion of the business of a public carrier which is carried on in this State and over which the Department has jurisdiction under this chapter. See Delaware Code Title 2 Sec. 1801
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Limousine: is a self-propelled motor vehicle having a passenger capacity of 15 persons or less, including the driver, engaged in the transportation for hire of persons and their accompanying property over regular or irregular routes between 2 termini at least 1 of which is fixed and which motor vehicle is not equipped with a taxi meter as a means of computing the rate, fare or compensation to be charged for such transportation, but excluding, however, carpools, vanpools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter. See Delaware Code Title 2 Sec. 1801
• Limousine service: means the providing of transportation of passengers for hire with a driver by a limousine as defined in subdivision (13) of this section where at least 1 of the 2 termini is fixed. See Delaware Code Title 2 Sec. 1801
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medical device: means any new or unused instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool or other similar or related article, including any component part or accessory, required by federal law to bear the label, "Caution: Federal law requires dispensing by or on the order of a physician" or which is defined by federal law as a medical device and which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment of prevention of disease in humans or other animals, or is intended to affect the structure or any function of the body of humans or other animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and which is not dependent upon being metabolized for achievement of any of its principal intended purposes. See Delaware Code Title 6 Sec. 4720
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• New and unused property: shall mean tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured. See Delaware Code Title 6 Sec. 4720
• Nonprescription drug: means any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer and prepared by the manufacturer or producer for use by the consumer. See Delaware Code Title 6 Sec. 4720
• Operator: means the owner or operator of any building, structure, motor vehicle or real estate, whether fixed or mobile, which is leased or rented to a transient merchant. See Delaware Code Title 6 Sec. 4702
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Public carrier: includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, taxicab, limousine, motor bus or electric trackless trolley coach service, system, plan or equipment for public use other than transportation authorities created pursuant to Chapter 13 of this title. See Delaware Code Title 2 Sec. 1801
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public use: means service provided in exchange for a fee or charge, regardless of whether the operator intends to make a profit, offered by any railroad, street railway, traction railway, taxicab, motor bus, electric trolley coach or limousine service, system or plant by any individual or group for any purpose except: (i) transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education; and (ii) transportation to and from nonschool related events by school bus operators under the regulation of the Department of Education, where such nonschool related transportation is a de minimis portion of the carrier's operation; and (iii) transportation to and from a church, synagogue or other place of worship; and (iv) shuttle-type transportation provided by business establishments without charge to customers of the businesses offering such shuttle transportation between fixed termini. See Delaware Code Title 2 Sec. 1801
• Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 2 Sec. 1801
• Registered agent: as used in this chapter may be, but is not required to be, the agent appointed pursuant to § 132 of Title 8. See Delaware Code Title 6 Sec. 4702
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Secretary: means the Secretary of the Department of Transportation. See Delaware Code Title 2 Sec. 1801
• Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
• Service of process: The service of writs or summonses to the appropriate party.
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• Stretcher van: means a vehicle staffed by both a driver and attendant, which is specifically designed and equipped to provide nonemergency transportation of individuals on a stretcher. See Delaware Code Title 2 Sec. 1801
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Taxicab: means any self-propelled motor vehicle equipped with a taxi meter having a passenger capacity of up to 7 persons, including the driver, engaged in the transportation for hire of persons and their accompanying property, or of small packages on isolated occasions and not as part of regular operations, over irregular routes between termini which are not fixed; provided, however, that the utilization of taxicab stands or holding points shall not constitute fixed termini, and excluding, however, carpools, vanpools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles, and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter. See Delaware Code Title 2 Sec. 1801
• Temporary or transient business: means any exhibition or sale of goods, wares or merchandise which is carried on in any building, structure, motor vehicle or real estate for less than either of following times during any consecutive 12-month period:

  a. See Delaware Code Title 6 Sec. 4702

• Transient retailer: means any person, firm or corporation, as principal or agent, or both, which engages in, does or transacts any temporary or transient business in this State, either in 1 locality or in traveling from place to place in this State, offering for sale or selling goods, wares, merchandise, food or beverages, and including those who, for the purpose of carrying on such business, hire, lease, use or occupy any permanent or mobile building, structure, motor vehicle including trucks, or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise. See Delaware Code Title 6 Sec. 4702
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Unused property market: means any event at which persons offer personal property for sale or exchange, and which involves a series of sales sufficient in number, scope and character to constitute a regular course of business; provided, however, that the event occurs at least 6 times in any 12-month period. See Delaware Code Title 6 Sec. 4720
• Unused property merchant: means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail and shall include any transient retailer. See Delaware Code Title 6 Sec. 4720
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302