Sections
Subchapter I Establishment of Foundation, Advisory Boards and Fund 901 – 906
Subchapter II Agricultural Preservation Districts 907 – 911
Subchapter III Acquisition of Preservation Easements 913 – 918
Subchapter IV Miscellaneous Provisions 919 – 930
Subchapter V Forestland Preservation 931 – 941
Subchapter VI Farmland Purchase and Preservation Loan Program 942 – 949

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Terms Used In Delaware Code > Title 3 > Chapter 9 - Delaware Agricultural Lands Preservation Act

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. See Delaware Code Title 5 Sec. 773
  • Alcohol: means ethyl alcohol produced by the distillation of any fermented liquid, whether rectified or diluted with water or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but it does not mean ethyl alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. See Delaware Code Title 4 Sec. 101
  • alcoholic liquors: include the 5 varieties of liquor defined in this section (alcohol, spirits, wine, beer and alcoholic cider) as well as every liquid or solid, patented or not, containing alcohol, spirits, wine, beer or alcoholic cider and capable of being consumed by a human being, and any liquid or solid containing more than 1 of the 5 varieties defined in this section is considered as belonging to that variety which usually has the higher percentage of alcohol. See Delaware Code Title 4 Sec. 101
  • Allegation: something that someone says happened.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • 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.
  • Appeals Commission: means 3 persons, 1 from each county, appointed by the Governor with the advice and consent of the majority of the Senate. See Delaware Code Title 4 Sec. 1302
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bank: means a state or a national bank. See Delaware Code Title 5 Sec. 781
  • Bank: means a Delaware state bank, out-of-state state bank, Delaware national bank or out-of-state national bank. See Delaware Code Title 5 Sec. 795
  • Bank: means a bank or trust company created under this title or a national banking association created under the National Bank Act (12 U. See Delaware Code Title 5 Sec. 801
  • Bank: means a bank or trust company existing under the laws of the State, or a national banking association existing under the National Bank Act, as amended (12 U. See Delaware Code Title 5 Sec. 821
  • Bank: means any bank or bank and trust company organized under this title or any other law or laws of this State, any depository institution organized under the authority of the United States and having its principal place of business in this State and any foreign bank agency. See Delaware Code Title 5 Sec. 941
  • Bank holding company: has the meaning specified in the Bank Holding Company Act of 1956, as amended, 12 U. See Delaware Code Title 5 Sec. 795
  • Bank holding company: means a company, as defined by the federal Bank Holding Company Act of 1956 (12 U. See Delaware Code Title 5 Sec. 851
  • banks: when used in this chapter, do not include such national banks, except as otherwise provided in subchapters VI and VII of this chapter. See Delaware Code Title 5 Sec. 701
  • Barrel: when used as a container for beer, means such container having a capacity of 31 United States standard gallons of 231 cubic inches. See Delaware Code Title 4 Sec. 101
  • Beer: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume, obtained by the alcoholic fermentation of any infusion or decoction of barley malt and hops in water and includes, among other things, ale, porter, stout and other malt or brewed liquors. See Delaware Code Title 4 Sec. 101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Borrower: means any corporation, partnership, association, government or governmental subdivision or agency, trust, individual or other entity. See Delaware Code Title 5 Sec. 941
  • Bottle: means any vessel that is corked, capped or stopped or arranged so to be and intended to contain or to convey liquids. See Delaware Code Title 4 Sec. 101
  • Branch office: has the meaning specified in § 770 of this title. See Delaware Code Title 5 Sec. 795
  • Branch office: has the meaning specified in § 770 of this chapter and also includes a foreign branch office as specified in § 771 of this chapter. See Delaware Code Title 5 Sec. 796
  • Builder: means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling. See Delaware Code Title 6 Sec. 3681
  • Business day: means , with respect to recission under § 976 of this title, all calendar days except Sundays and legal public holidays. See Delaware Code Title 5 Sec. 961
  • Buyer: means any individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling. See Delaware Code Title 6 Sec. 3681
  • Cabaret: means an establishment where patrons are entertained by performers who dance, sing, play instruments or perform other legal acts for entertainment, but not to include a dinner theater, and where such entertainment may be performed during or after service or dinner, and where a minor, as defined in § 708 of this title, is to be denied admission to or permission to remain on premises after 9:00 p. See Delaware Code Title 4 Sec. 101
  • Caterer: means any proprietorship, partnership or corporation engaged in the business of providing food and beverages at social gatherings such as weddings, dinners, benefits, banquets or other similar events for consideration on a regular basis and duly licensed by the State as caterers with at least 60% of its gross receipts resulting from the sale of food. See Delaware Code Title 4 Sec. 101
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Closed end credit: means the extension of credit by a bank to a borrower pursuant to an arrangement or agreement which is not a revolving credit plan as defined in subchapter II of this chapter. See Delaware Code Title 5 Sec. 961
  • Club: means a corporation or association created by competent authority, which is the owner, lessee or occupant of premises operated solely for objects of national, social, patriotic, political or athletic nature, or the like, whether or not for pecuniary gain, and the property as well as the advantages of which belong to or are enjoyed by the stockholders or by the members of such corporation or association. See Delaware Code Title 4 Sec. 101
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Alcoholic Beverage Control Commissioner for the State. See Delaware Code Title 4 Sec. 101
  • Commissioner: means the person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commissioner for the State. See Delaware Code Title 4 Sec. 1302
  • Commissioner: means the State Bank Commissioner of the State of Delaware. See Delaware Code Title 5 Sec. 801
  • Compassion center: means an entity registered as a compassion center under § 4914A of Title 16. See Delaware Code Title 4 Sec. 1302
  • Concert hall: shall mean an indoor facility used to host live entertainment that is owned, leased, under easement, and/or operated by any person and that has capacity for at least 600 patrons for any single event. See Delaware Code Title 4 Sec. 101
  • Conspicuously displayed: means highlighted through the use of capitalization, bold print, underlining or some combination thereof. See Delaware Code Title 5 Sec. 961
  • Consumer: means an individual 21 years of age or older who purchases marijuana, marijuana products, or marijuana accessories for personal use by the individual or other individuals 21 years of age or older, but not for resale to others. See Delaware Code Title 4 Sec. 1302
  • Continuing bank: means a merging bank, the charter of which becomes the charter of the resulting bank. See Delaware Code Title 5 Sec. 781
  • Control: means beneficial ownership directly, or indirectly through 1 or more intermediaries, of more than 50 per centum of the voting securities or partnership interests in any person other than an individual. See Delaware Code Title 5 Sec. 773
  • Converting bank: means a bank converted from a state to a national bank, or the reverse. See Delaware Code Title 5 Sec. 781
  • Conviction: A judgement of guilt against a criminal defendant.
  • Credit device: means any card, check, identification code or other means of identification contemplated by the agreement governing the plan. See Delaware Code Title 5 Sec. 941
  • cultivation facility: means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. See Delaware Code Title 4 Sec. 1302
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Delaware bank: means a Delaware national bank or a Delaware state bank. See Delaware Code Title 5 Sec. 795
  • Delaware bank holding company: means a bank holding company with bank subsidiaries whose operations are principally conducted in Delaware. See Delaware Code Title 5 Sec. 851
  • Delaware national bank: means a national banking association created under the National Bank Act (12 U. See Delaware Code Title 5 Sec. 795
  • Delaware savings and loan holding company: means a savings and loan holding company (as defined in the Home Owners' Loan Act, as amended, at 12 U. See Delaware Code Title 5 Sec. 861
  • Delaware savings bank: means a savings bank organized and existing under the laws of this State that is not a bank as defined in § 2(c) of the Bank Holding Company Act of 1956, as amended, 12 U. See Delaware Code Title 5 Sec. 861
  • Delaware state bank: means a bank (as defined in § 101 of this title) chartered under the laws of this State. See Delaware Code Title 5 Sec. 795
  • Department: means the Department of Safety and Homeland Security. See Delaware Code Title 4 Sec. 1302
  • 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.
  • Disproportionately-impacted area: means census tracts identified by the Commissioner in collaboration with state and local agencies that have high rates of arrest, conviction, and incarceration relating to the sale, possession, use, cultivation, manufacture, or transport of marijuana. See Delaware Code Title 4 Sec. 1302
  • Divest: means to transfer all interest, legal or equitable, to a person or other entity in which the transferor has no interest, direct or indirect, or which has no interest, direct or indirect, in the transferor. See Delaware Code Title 5 Sec. 801
  • Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
  • Division: means the Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 1302
  • dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Establishment: means any place located physically in this State where alcoholic liquor of 1 or more varieties is stored, sold or used by authority of any law of this State, including a hotel, restaurant, tavern, beer garden, or club as defined in this section, or where alcoholic liquor of 1 or more varieties is manufactured by virtue of any law of this State. See Delaware Code Title 4 Sec. 101
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fermented beverage: means any product similar to beer, including sake and seltzer, containing ½ of 1% or more of alcohol by volume, brewed from substitutes for malt, including rice, grain, bran, glucose, sugar and molasses. See Delaware Code Title 4 Sec. 101
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • gathering: means a banquet, picnic, bazaar, fair or similar private gathering or similar public gathering where food or drink are sold, served or dispensed by nonprofit organizations such as churches, colleges and universities, volunteer fire companies, political parties or other similar nonprofit groups having a common civic, social, educational or religious purpose, or where entrance tickets are sold or entrance fees are required by those nonprofit organizations. See Delaware Code Title 4 Sec. 101
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Hotel: means any establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to travelers. See Delaware Code Title 4 Sec. 101
  • Immature plant: means a nonflowering marijuana plant: no taller than 8 inches and no wider than 8 inches; that is produced from a cutting, clipping, or seedling; is in a cultivating container; and which does not have buds that may be observed by visual examination. See Delaware Code Title 4 Sec. 1302
  • Import: means the transporting or ordering or arranging for the transportation or shipment of alcoholic liquor into the State whether by a resident of the State or otherwise. See Delaware Code Title 4 Sec. 101
  • Importer: means the person transporting or ordering, authorizing or arranging the transportation or shipment of alcoholic liquors into this State, whether the person is a resident or citizen of this State or not, said person being permitted to sell said alcoholic liquors only to those persons licensed to resell alcoholic liquors; provided, however, that nothing contained in this definition shall be construed as prohibiting an importer from selling such alcoholic liquors to either an active owner of that business for that person's use and not for resale or to a full-time, bona fide employee of that business for that person's use and not for resale; and provided further, that nothing contained in this definition shall be construed as prohibiting an importer from selling beer in "half-barrel" or "quarter-barrel" containers to the holders of a personal license. See Delaware Code Title 4 Sec. 101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual borrower: means a borrower who is a natural person borrowing for personal, household or family purposes. See Delaware Code Title 5 Sec. 941
  • Institution: means a national bank whose principal place of business is located in Delaware or a Delaware-chartered bank or bank and trust company. See Delaware Code Title 5 Sec. 851
  • Insured depository institution: has the meaning specified in 12 U. See Delaware Code Title 5 Sec. 796
  • Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
  • Labor peace agreement: means an agreement between a licensee and any bona fide labor organization that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the licensee's business. See Delaware Code Title 4 Sec. 1302
  • Lawful age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • License: means any license or permit to manufacture, to sell, to purchase, to transport, to import or to possess alcoholic liquor authorized or issued by the Commissioner under the provisions of Chapter 5 of this title. See Delaware Code Title 4 Sec. 101
  • License: means any license or permit to cultivate, possess, manufacture, sell, transport, or test marijuana or marijuana products and accessories authorized or issued by the Commissioner under this chapter. See Delaware Code Title 4 Sec. 1302
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any single extension of closed end credit. See Delaware Code Title 5 Sec. 961
  • Loans: means consumer loans for personal, property or household purposes, mortgage loans and commercial loans other than to affiliates. See Delaware Code Title 5 Sec. 773
  • Located: has the meaning specified in § 831 of this title. See Delaware Code Title 5 Sec. 861
  • Manufacture: means distill, rectify, ferment, brew, make, mix, concoct or process any substance or substances capable of producing a beverage containing more than 1/2 of 1% of alcohol by volume and includes blending, bottling or other preparation for sale. See Delaware Code Title 4 Sec. 101
  • Manufacturer: means any person engaged in the manufacture of any alcoholic liquor and among others includes a distiller, a rectifier, a wine maker, a brewer, and includes a bottler or one who prepares alcoholic liquor for sale. See Delaware Code Title 4 Sec. 101
  • Marijuana: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
  • Marijuana accessories: means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana; or for ingesting, inhaling, or otherwise introducing marijuana into the human body. See Delaware Code Title 4 Sec. 1302
  • Marijuana establishment: means an entity licensed as a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. See Delaware Code Title 4 Sec. 1302
  • Marijuana product manufacturing facility: means an entity licensed to: purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and retail marijuana stores, but not to consumers. See Delaware Code Title 4 Sec. 1302
  • Marijuana products: means products that are comprised of marijuana, including concentrated marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures. See Delaware Code Title 4 Sec. 1302
  • Marijuana testing facility: means an entity licensed to test marijuana for potency and contaminants. See Delaware Code Title 4 Sec. 1302
  • Merger: includes consolidation. See Delaware Code Title 5 Sec. 781
  • Merger: includes merger, consolidation and the purchase or sale of all or substantially all assets. See Delaware Code Title 5 Sec. 795
  • Merging bank: means a party to a merger. See Delaware Code Title 5 Sec. 781
  • Merging bank: means a bank that is a party to a merger. See Delaware Code Title 5 Sec. 795
  • Microbusiness license: means a license issued pursuant to part C of subchapter III of this chapter which includes any of the following:

    a. See Delaware Code Title 4 Sec. 1302

  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motorsports speedway: shall mean a motorsports speedway (including any contiguous land when being used in connection with its events) that is owned, leased, under easement, and/or operated by any person and having a seating capacity of at least 5,000 seats. See Delaware Code Title 4 Sec. 101
  • Movie theater: shall mean an indoor facility used to host showings of motion pictures and that has a capacity of at least 500 patrons for any single movie showing or for showing of multiple movies in separate theaters at the same time. See Delaware Code Title 4 Sec. 101
  • Multi-purpose sports facility: shall mean a stadium, featuring sporting events where admission fees are charged to the public and having a seating capacity of at least 2,500 seats, and excludes stadia which are operated and maintained by educational institutions, including, but not limited to, high schools, colleges or universities. See Delaware Code Title 4 Sec. 101
  • Multiple activity club: is a club as to which, in the determination of the Commissioner, the service of spirits, wine or beer is not the principal activity in the premises of the club as established by the following:

    a. See Delaware Code Title 4 Sec. 101

  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National bank: means a national bank association located in this State. See Delaware Code Title 5 Sec. 781
  • National bank: means a Delaware national bank or an out-of-state national bank. See Delaware Code Title 5 Sec. 795
  • National Bank Examiner: An employee of the Comptroller of the Currency whose function is to examine national banks periodically to determine the financial position of a bank and the security of its deposits. The examiner also verifies that the bank maintains procedures consistent with federal banking laws and regulations. Source: OCC
  • New dwelling: means a new 1- or 2-family residential dwelling, not previously occupied, and constructed for residential use. See Delaware Code Title 6 Sec. 3681
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
  • Open license: means a license issued pursuant to part B of subchapter III of this chapter that is not a social equity license or microbusiness license which includes all of the following:

    a. See Delaware Code Title 4 Sec. 1302

  • 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
  • Out-of-state bank: means an out-of-state state bank or an out-of-state national bank. See Delaware Code Title 5 Sec. 795
  • Out-of-state bank holding company: has the meaning specified in the Bank Holding Company Act of 1956, as amended (12 U. See Delaware Code Title 5 Sec. 801
  • Out-of-state bank holding company: means an out-of-state bank holding company as defined in § 801(2) of this title. See Delaware Code Title 5 Sec. 821
  • Out-of-state national bank: means a national bank association created under the National Bank Act (12 U. See Delaware Code Title 5 Sec. 795
  • Out-of-state state bank: means a state bank, as defined in the Federal Deposit Insurance Act, as amended, at 12 U. See Delaware Code Title 5 Sec. 795
  • Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of that day and, if the agreement providing the plan so provides, may include the amount of any periodic interest, interest charges and other charges permitted by this subchapter, including late or delinquency charges, which have accrued in the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 941
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes an individual, a partnership, a corporation, a club or any other association of individuals. See Delaware Code Title 4 Sec. 101
  • Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
  • Person: means as defined in § 302 of Title 1. See Delaware Code Title 4 Sec. 1302
  • Personal property: All property that is not real property.
  • Personal use quantity: means as defined in § 4701 of Title 16. See Delaware Code Title 4 Sec. 1302
  • plan: means a plan contemplating the extension of credit under an account governed by an agreement between a bank and a borrower pursuant to which:

    a. See Delaware Code Title 5 Sec. 941

  • Preparation: means any medicine (patented or proprietary); any mixture containing drugs or mineral substances; any perfume, lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment or salve; any distillate or decoction, whether or not containing other substances in solution or suspension, that contains ethyl alcohol or any alcoholic liquor to any amount exceeding 1/2 of 1% by volume. See Delaware Code Title 4 Sec. 101
  • 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: means the place occupied by a person as a domicile or otherwise, either permanently or temporarily, and includes not only the premises occupied, but also every annex or dependency thereof held under the same title as the premises occupied. See Delaware Code Title 4 Sec. 101
  • Restaurant: means 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 12 or more persons and suitable kitchen facilities connected therewith for cooking an assortment of foods under the charge of a chef or cook. See Delaware Code Title 4 Sec. 101
  • Resulting bank: means the bank resulting from a merger or conversion. See Delaware Code Title 5 Sec. 781
  • Retail marijuana: means "marijuana" as defined in § 4701 of Title 16, that is cultivated, manufactured, distributed, or sold by a licensed marijuana establishment. See Delaware Code Title 4 Sec. 1302
  • Retail marijuana store: means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers. See Delaware Code Title 4 Sec. 1302
  • Retailer: means the person permitted to sell alcoholic liquors in a store in the State, not for consumption on the premises. See Delaware Code Title 4 Sec. 101
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Right of recission: means , with respect to any short-term consumer loan, the right to return any amount borrowed, in full, on or before the close of business of the business day following the day on which such sum has been disbursed or advanced, without the incursion of any fee or other charges. See Delaware Code Title 5 Sec. 961
  • Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
  • Savings and loan holding company: has the meaning specified in the Home Owners' Loan Act, as amended, at 12 U. See Delaware Code Title 5 Sec. 795
  • savings bank: as used in this chapter , refers to a corporation organized under this chapter. See Delaware Code Title 5 Sec. 1601
  • Sell: means : solicit or receive an order for; keep or expose for sale; deliver for value or in any other way than purely gratuitously; keep with intent to sell; keep or transport in contravention of this title; traffic in; or for any valuable consideration, promised or obtained, directly or indirectly, or under any pretext or by any means whatsoever, procure or allow to be procured for any other person, to carry alcoholic liquors on one's person or to transport with one and with intent to sell the same, but not in any establishment where the sale thereof is allowed. See Delaware Code Title 4 Sec. 101
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Short-term consumer loan: means a loan of $500 or less made to an individual borrower that charges interest and/or fees for which the stated repayment period is less than 60 days and is not secured by title to a motor vehicle. See Delaware Code Title 5 Sec. 961
  • Smoking: means both of the following:

    a. See Delaware Code Title 4 Sec. 1302

  • Social equity license: means a license issued pursuant to part C of subchapter III of this chapter for any of the following:

    a. See Delaware Code Title 4 Sec. 1302

  • Spirits: means any beverage containing more than 1/2 of 1% of ethyl alcohol by volume mixed with water and other substances in solution, and includes, among other things, brandy, rum, whiskey and gin. See Delaware Code Title 4 Sec. 101
  • 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 assisted bank: means a bank which the State has, in order to relieve financial distress determined to exist by the State Bank Commissioner, assisted by means of a grant, loan, asset purchase or deposit made pursuant to a plan or agreement if:

    a. See Delaware Code Title 5 Sec. 821

  • State bank: means a bank or trust company chartered under the laws of this State. See Delaware Code Title 5 Sec. 781
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means , with respect to an out-of-state bank holding company:

    a. See Delaware Code Title 5 Sec. 801

  • Subsidiary: means a subsidiary as defined in § 801(6) of this title. See Delaware Code Title 5 Sec. 821
  • Taproom: means an establishment provided with special space and accommodations and operated primarily for the sale by the glass and for consumption on the premises of alcoholic liquors with the sale of food as a secondary object as distinguished from a restaurant where the sale of food is the primary object. See Delaware Code Title 4 Sec. 101
  • Tavern: means any establishment with special space and accommodation for sale of beer and wine as defined in this section to be sold to each customer in single servings. See Delaware Code Title 4 Sec. 101
  • Temporary large event: means a public or private gathering of more than 1,000 people where food or drink are sold, served or dispensed and which requires an entrance ticket or entrance fee to attend, including but not limited to a: music festival; car show; auction; convention or rally. See Delaware Code Title 4 Sec. 101
  • 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

  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company powers: means all of the powers, rights, privileges and franchises incident to a trust company established under subchapter IV of this chapter, except:

    a. See Delaware Code Title 5 Sec. 773

  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unreasonably impracticable: means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably-prudent businessperson. See Delaware Code Title 4 Sec. 1302
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Whoever: when used in reference to any offender under this title, includes every person who acts individually or by permission or agreement for any other person, and includes also such other person. See Delaware Code Title 4 Sec. 101
  • Wine: means any beverage containing more than 1/2 of 1% ethyl alcohol by volume obtained by the fermentation of the natural contents of fruits, vegetables or other products and other vinous liquors, and also includes such beverages when fortified by the addition of alcohol or spirits as defined in this section. See Delaware Code Title 4 Sec. 101
  • Work: means as defined in § 3302 of Title 19. See Delaware Code Title 4 Sec. 1302
  • Workout agreement: means an agreement between an individual borrower and a bank, trust company or savings bank for the repayment of an outstanding and unpaid indebtedness which requires a net reduction of not less than 10% of such indebtedness per payment period. See Delaware Code Title 5 Sec. 961