Delaware Code > Title 4 > Chapter 5 – Licenses and Taxes

		Sections
Subchapter I	Manufacture and Import	501 – 508
Subchapter II	Purchase, Sale and Dispensing	511 – 526
Subchapter III	Determination of Applications	541 – 546
Subchapter IV	Certificate of License, Term of License and Fees	551 – 554
Subchapter V	Cancellation or Suspension of License	561 – 564
Subchapter VI	Transfer of License; Death of Licensee	571 – 572
Subchapter VII	Taxes	581 – 584

Terms Used In Delaware Code > Title 4 > Chapter 5 - Licenses and Taxes

Abuse: means causing any physical injury to a child through unjustified force as defined in § 468(1)(c) of this title, torture, negligent treatment, sexual abuse, exploitation, maltreatment, mistreatment or any means other than accident. See Delaware Code Title 11 Sec. 1100
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Act: means the Kent County Tax Increment Financing Act. See Delaware Code Title 9 Sec. 5402
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrative tribunal: means a violation hearing before the Code Official for Kent County. See Delaware Code Title 9 Sec. 5601
Administrative tribunal: means a body appointed by the Sussex County Council for the purpose of hearing violations of any ordinance, rule, or regulation enacted pursuant to this chapter. See Delaware Code Title 9 Sec. 7101
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.
Affected court facility: means any court facility for which the Chief Justice has made a determination that emergency sessions shall be conducted outside the county in which it normally operates. See Delaware Code Title 10 Sec. 2003
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Aggrieved person: means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed. See Delaware Code Title 11 Sec. 2401
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.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Animal food manufacturer: means any person engaged in the business of preparing animal (including poultry) food derived wholly or in part from livestock or poultry carcasses or parts or products of such carcasses. See Delaware Code Title 3 Sec. 8703
Annuity issuer: shall mean an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement;

(2) "Applicable law" shall mean:

a. See Delaware Code Title 10 Sec. 6602
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeals Commission: shall mean 3 persons, 1 from each County, appointed by the Governor with the advice and consent of a majority of the Senate. See Delaware Code Title 4 Sec. 101
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appellate court: means a court of this State having direct appellate jurisdiction over a lower court. See Delaware Code Title 10 Sec. 9901
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
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Assessed value: means the total assessed value of all real property in a TIF District subject to taxation as determined by the assessor, with any adjustment pursuant to paragraph (2) of this section taken into account. See Delaware Code Title 9 Sec. 5402
Assessor: shall mean the Kent County Assessment Office. See Delaware Code Title 9 Sec. 5402
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attack: means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes. See Delaware Code Title 10 Sec. 1803
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See Delaware Code Title 11 Sec. 2401
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bailiff: a court officer who enforces the rules of behavior in courtrooms.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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
Board: means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation. See Delaware Code Title 7 Sec. 4732
Board of Pardons: means that Board as established by the Constitution and laws. See Delaware Code Title 11 Sec. 4302
bond: means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by the County pursuant to and in accordance with this chapter. See Delaware Code Title 9 Sec. 5402
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
Bottle club: means an establishment operated for profit or pecuniary gain where customers of the establishment enter on the premises for the purpose of consuming alcoholic liquors that are brought onto the premises by the customers, consumed on the premises by the customers, and removed by the customers when the customers depart. See Delaware Code Title 4 Sec. 101
Broker: means any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for such broker's own account or as an employee of another person. See Delaware Code Title 3 Sec. 8703
Building: means a structure having a roof, and intended to shelter persons, animals, property, or business activity. See Delaware Code Title 9 Sec. 5601
Building: means any structure, building, edifice or part thereof. See Delaware Code Title 9 Sec. 6301
Building: means a structure having a roof, and intended to shelter persons, animals, property, or business activity. See Delaware Code Title 9 Sec. 7101
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
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
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
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
Chief financial officer: means the Director of the Kent County Department of Finance or his or her designee designated by the Director of the Kent County Department of Finance. See Delaware Code Title 9 Sec. 5402
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Chief Justice: means the Chief Justice of the Delaware Supreme Court or, in the absence of the Chief Justice, the justice who is designated in accordance with article IV, § 13 of the Delaware Constitution or, if applicable, by § 1804 of this title to function as Chief Justice. See Delaware Code Title 10 Sec. 2003
Child: shall mean any individual less than 18 years of age. See Delaware Code Title 11 Sec. 1100
Child: shall mean a person who has not yet reached their eighteenth birthday. See Delaware Code Title 11 Sec. 5132
Clerk: means the prothonotary of each county, and includes any deputy or clerk in the office of the prothonotary. See Delaware Code Title 10 Sec. 4503
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.
Commission: means "Regional Planning Commission of Kent County" created by this chapter. See Delaware Code Title 9 Sec. 4801
Commission: means "County Planning and Zoning Commission of Sussex County" created by this chapter. See Delaware Code Title 9 Sec. 6801
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 of Correction: means the Commissioner of the Department of Correction. See Delaware Code Title 11 Sec. 6503
Commissioner of the Department: means Commissioner of the Department of Correction. See Delaware Code Title 11 Sec. 4302
Communication common carrier: means any person engaged as a common carrier for hire in the transmission of wire or electronic communications. See Delaware Code Title 11 Sec. 2401
Community notification: means notice which is provided by any method devised specifically to notify members of the public who are likely to encounter a sex offender. See Delaware Code Title 11 Sec. 4121
Community service: means the performance of work or service for a nonprofit or other tax-supported entity by an offender without pay for a specified period of time. See Delaware Code Title 11 Sec. 4302
Complaint: shall mean any civil action or miscellaneous action or any application for an extraordinary writ. See Delaware Code Title 10 Sec. 8801
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
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Conditional release: means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. See Delaware Code Title 11 Sec. 4302
Construction: means alteration, removal, demolition, addition, repair or construction of any new or old building. See Delaware Code Title 9 Sec. 6301
Contents: when used with respect to any wire, oral or electronic communication, includes any information concerning the identity of the parties to the communication or the existence or substance of that communication. See Delaware Code Title 11 Sec. 2401
Continuance: Putting off of a hearing ot trial until a later time.
convicted: shall include , in addition to their ordinary meanings, adjudications of delinquency and persons who enter a plea of guilty, or are found guilty but mentally ill or not guilty by reason of insanity, as provided in § 401 of this title. See Delaware Code Title 11 Sec. 4121
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title. See Delaware Code Title 7 Sec. 4732
Council: means "the Council of the Mayor and Council of Dover. See Delaware Code Title 9 Sec. 4801
Counterclaim: A claim that a defendant makes against a plaintiff.
County: shall mean Kent County. See Delaware Code Title 9 Sec. 4601
County: means Kent County. See Delaware Code Title 9 Sec. 5402
County: means Sussex County. See Delaware Code Title 9 Sec. 6701
County Administrator: means the Kent County Administrator or his or her designee designated by the Kent County Administrator. See Delaware Code Title 9 Sec. 5402
County Engineer: means "County Engineer of Sussex County. See Delaware Code Title 9 Sec. 6801
County government: means the county governing body of Kent County. See Delaware Code Title 9 Sec. 4801
County government: means "the county governing body of Sussex County. See Delaware Code Title 9 Sec. 6801
county officers: means the elected or appointed public officers of the respective counties and includes county council members, Levy Court Commissioners, clerks of the peace, members of the boards of assessment, receivers of taxes and county treasurers, collectors of delinquent taxes, registers of wills, sheriffs, recorders, coroners and any other officer, board, commission, department or agency (other than a court or judge) whose jurisdiction is limited to a single county; provided, however, that the Prothonotaries of New Castle County, Kent County and Sussex County shall not be considered to be county offices. See Delaware Code Title 9 Sec. 9101
Court: shall mean the Justice of the Peace Court. See Delaware Code Title 10 Sec. 9201
Court: means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts. See Delaware Code Title 11 Sec. 4302
Court: means the Superior Court of the State, and includes any Judge of the Court. See Delaware Code Title 10 Sec. 4503
Court: means the Superior Court of the State of Delaware. See Delaware Code Title 10 Sec. 7103
courts: shall mean all constitutional or statutory courts of this State. See Delaware Code Title 10 Sec. 8801
Crime of violence: means any crime which involves the use or threat of physical force or violence against any individual. See Delaware Code Title 11 Sec. 4391
Criminal gangs: means any criminal street gangs or youth gangs as defined in §§ 616-617 of Title 11. See Delaware Code Title 10 Sec. 7103
Criminal nuisance: means any real property at which:

a. See Delaware Code Title 10 Sec. 7103
Criminal youth gang: shall mean a group of 3 or more persons with a gang name or other identifier which either promotes, sponsors, assists in, participates in or requires as a condition of membership submission to group initiation that results in any felony or any class A misdemeanor set forth in this title or Title 16. See Delaware Code Title 11 Sec. 617
Cross examine: Questioning of a witness by the attorney for the other side.
Custodial interrogation: means as defined in § 2002 of this title. See Delaware Code Title 11 Sec. 2021
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deceptive tactics: means stating evidence presently exists, knowing that it does not, or communicating promises of leniency in sentencing, charging, or pretrial release in order to induce a confession or other incriminating evidence. See Delaware Code Title 11 Sec. 2021
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defense attorney: Represent defendants in criminal matters.
Delinquent child: means a child who commits an act which if committed by an adult would constitute a crime. See Delaware Code Title 11 Sec. 1100
Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
Department: means the Department of Correction. See Delaware Code Title 11 Sec. 6503
Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4732
Department of Planning Services: means the Kent County Department of Planning Services. See Delaware Code Title 9 Sec. 5601
Dependent: A person dependent for support upon another.
Dependents: shall include a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony;

(4) "Discounted present value" shall mean the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service;

(5) "Favorable tax determination" shall mean, with respect to a proposed transfer of structured settlement payment rights, any of the following authorities that definitively establishes that the federal income tax treatment of the structured settlement for the parties to the structured settlement agreement and any qualified assignment agreement, other than the payee, will not be affected by such transfer:

a. See Delaware Code Title 10 Sec. 6602
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Development: means new development, redevelopment, revitalization, or renovation. See Delaware Code Title 9 Sec. 5402
Devise: To gift property by will.
Discounted present value: shall mean the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service;

(5) "Favorable tax determination" shall mean, with respect to a proposed transfer of structured settlement payment rights, any of the following authorities that definitively establishes that the federal income tax treatment of the structured settlement for the parties to the structured settlement agreement and any qualified assignment agreement, other than the payee, will not be affected by such transfer:

a. See Delaware Code Title 10 Sec. 6602
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:
District: means "Regional Planning District of Kent County" created by this chapter. See Delaware Code Title 9 Sec. 4801
District: means "corporate boundaries of Sussex County including municipalities which choose to be included in the planning and zoning district. See Delaware Code Title 9 Sec. 6801
Division: means "Division of Alcohol and Tobacco Enforcement. See Delaware Code Title 4 Sec. 101
dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
Dower: A widow
Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any electromagnetic, photoelectronic or photooptical system. See Delaware Code Title 11 Sec. 2401
Electronic communication service: means any service that provides to users of the service the ability to send or receive wire, oral or electronic communications. See Delaware Code Title 11 Sec. 2401
Electronic communications system: means any wire, oral, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire, oral or electronic communications, and any computer facilities or related electronic equipment for the wire, oral or electronic storage of electronic communications. See Delaware Code Title 11 Sec. 2401
Electronic storage: includes any storage of a wire, oral or electronic communication by an electronic communication service for purposes of backup protection of the communication. See Delaware Code Title 11 Sec. 2401
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency: means any such circumstance which, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, requires additional police assistance, and shall include such planned or anticipated or scheduled events that, in the judgment of the principal law-enforcement officer of the requesting jurisdiction, will require additional police resources beyond the reasonable capacity of the requesting jurisdiction. See Delaware Code Title 11 Sec. 1942
Emergency event: means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. See Delaware Code Title 10 Sec. 1803
Emergency sessions: means any court proceeding conducted by an affected court as authorized by this chapter and by order of the Chief Justice of the Delaware Supreme Court. See Delaware Code Title 10 Sec. 2003
En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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
Ex officio: Literally, by virtue of one's office.
Executive authority: includes the governor and any person performing the functions of governor in a state other than this State. See Delaware Code Title 11 Sec. 2501
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Factually frivolous: shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial. See Delaware Code Title 10 Sec. 8801
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
federal acts: means these 2 federal laws. See Delaware Code Title 3 Sec. 8703
Federal court: shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section. See Delaware Code Title 10 Sec. 8801
Federal Meat Inspection Act: means the act so entitled approved March 4, 1907 (34 Stat. See Delaware Code Title 3 Sec. 8703
federal Poultry Products Inspection Act: means the act so entitled approved August 28, 1957 (71 Stat. See Delaware Code Title 3 Sec. 8703
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
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.
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fort DuPont: means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, formerly tax parcel numbers 1202300020, 1202300021, 1203000001, and 1203000002. See Delaware Code Title 7 Sec. 4732
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}
Fresh pursuit: includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State or who is reasonably suspected of having committed a felony or a misdemeanor or a violation of the Motor Vehicle Code of this State, and also includes the pursuit of a person suspected of having committed a supposed felony or misdemeanor or violation of the Motor Vehicle Code of the State though no violation of the law has actually been committed, if there is reasonable grounds for believing that a violation of the law has been committed; however, fresh pursuit as used in this subchapter does not necessarily imply instant pursuit, but pursuit without unreasonable delay. See Delaware Code Title 11 Sec. 1931
Full age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
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
Good standing: means that an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications:

a. See Delaware Code Title 11 Sec. 4391
Governor: includes any person performing the functions of Governor by authority of the law of this State. See Delaware Code Title 11 Sec. 2501
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Host county: means the county in which the Chief Justice has ordered the affected court facility to conduct emergency sessions. See Delaware Code Title 10 Sec. 2003
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
house arrest program: means a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. See Delaware Code Title 11 Sec. 4391
Identifier: shall mean common identifying signs, symbols, tattoos, markings, graffiti, or attire or other distinguishing characteristics or indicia of gang membership. See Delaware Code Title 11 Sec. 617
Immediate container: includes any consumer package; or any other container, not consumer package, in which livestock products or poultry products, are packed. See Delaware Code Title 3 Sec. 8703
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
In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
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.
Infancy: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
Inhabitant: means a resident in any place. See Delaware Code Title 1 Sec. 302
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inmate account: shall mean an account maintained by the Department of Correction in which money is held for prisoners of this State. See Delaware Code Title 10 Sec. 8801
Inspector: means an employee or official of the Department authorized by the Secretary or any employee or official of the government of any county or other governmental subdivision of this State, authorized by the Secretary to perform any inspection functions under this chapter under an agreement between the Secretary and such governmental subdivision. See Delaware Code Title 3 Sec. 8703
Intercept: means the aural or other acquisition of the contents of any wire, oral or electronic communication through the use of any electronic, mechanical or other device. See Delaware Code Title 11 Sec. 2401
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interested parties: shall mean , with respect to any structured settlement, the payee, any beneficiary designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement;

(9) "Payee" shall mean an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder;

(10) "Qualified assignment agreement" shall mean an agreement providing for a qualified assignment within the meaning of § 130 of the United States Internal Revenue Code, United States Code Title 26 (26 U. See Delaware Code Title 10 Sec. 6602
Intestate: Dying without leaving a will.
Intrastate commerce: means commerce within this State. See Delaware Code Title 3 Sec. 8703
Investigative or law-enforcement officer: means any officer of this State or a political subdivision of this State, who is empowered by law to conduct investigations or to make arrests for offenses enumerated in this title, any sworn law-enforcement officer of the federal government or of any other state or a political subdivision of another state working with and under the direction of an investigative or law-enforcement officer of this State or a political subdivision of this State, or any attorney authorized by law to prosecute or participate in the prosecution of such offenses. See Delaware Code Title 11 Sec. 2401
Issuing body: means a municipality or other political subdivision, department or agency of the State (other than the County) when it acts to issue a bond, a note, or other similar instrument. See Delaware Code Title 9 Sec. 5402
Judge: means any judge of any court as herein defined. See Delaware Code Title 11 Sec. 4302
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Jurisdiction: means a recognized geographic area such as a county, incorporated municipality or the legislatively defined area of responsibility of the Delaware River and Bay Authority or the Department of Safety and Homeland Security or the Department of Natural Resources and Environmental Control and/or the University of Delaware and/or Delaware State University in which the governing body and its police have the authority, capacity, power and right to enforce laws. See Delaware Code Title 11 Sec. 1942
Juror: A person who is on the jury.
Jury selection plan: means a written plan designed to carry out the policy and the provisions of this chapter. See Delaware Code Title 10 Sec. 4503
Kent County Levy Court: means the Levy Court for Kent County. See Delaware Code Title 9 Sec. 5601
Label: includes display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. See Delaware Code Title 3 Sec. 8703
Labeling: includes all labels and other written, printed, or graphic matter (a) upon any article or any of its containers or wrappers, or (b) accompanying such article. See Delaware Code Title 3 Sec. 8703
Land development: means "any tract or parcel of land upon which is proposed the construction or erection of 1 or more commercial, industrial, multi-family, or mobile home park use. See Delaware Code Title 9 Sec. 4801
Law: means the laws of this State, including any ordinance of any subdivision or municipality. See Delaware Code Title 11 Sec. 4302
Law: includes the laws and ordinances of this State, political subdivisions and municipalities thereof. See Delaware Code Title 11 Sec. 6503
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}
Legally frivolous: shall mean a claim based on an indisputably meritless legal theory. See Delaware Code Title 10 Sec. 8801
Legatee: A beneficiary of a decedent
Levy Court: means Kent County Levy Court. See Delaware Code Title 9 Sec. 5402
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Livestock: means any cattle, sheep, swine, goats, horses, mules or other equines, whether live or dead. See Delaware Code Title 3 Sec. 8703
Livestock product: means any carcass, part thereof, meat, or meat food product of any livestock. See Delaware Code Title 3 Sec. 8703
Lower court: means any court of this State over which an appellate court of this State has direct appellate jurisdiction. See Delaware Code Title 10 Sec. 9901
Malice: shall mean an intent to vex, annoy, harm or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice. See Delaware Code Title 11 Sec. 3531
Malicious: shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims. See Delaware Code Title 10 Sec. 8801
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
Master list: means a list or an electronic system for the storage of the names of prospective jurors selected randomly from the source list. See Delaware Code Title 10 Sec. 4503
Mead: means an alcoholic beverage that is naturally fermented (not distilled or frozen) wherein the major source of fermentable sugars comes from honey. See Delaware Code Title 4 Sec. 101
Meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as the Secretary may prescribe to assure that the meat or other portions of such carcass contained in such product are not adulterated and that such products are not represented as meat food products. See Delaware Code Title 3 Sec. 8703
Merit and good behavior credits: means that diminution of the period of confinement, as provided by law, by reason of industrious and cooperative conduct. See Delaware Code Title 11 Sec. 4302
minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
Minor subdivision: means any subdivision of land that creates 5 or less, or no, parcels of land and if a parcel of land is created, either said created parcel is not on a new road, or said created parcel or parcels is on a private road approved pursuant to regulations adopted by the county government; and shall apply only to the creation of up to a 5 parcel minor subdivision and shall not apply to the creation of parcels in excess of a total of 5 off of the tract of land from which minor subdivision is sought. See Delaware Code Title 9 Sec. 4801
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
Mutual assistance: means the provisions under this subchapter enabling the police of one jurisdiction to enter into another jurisdiction for purpose of rendering assistance upon the request of the other jurisdiction. See Delaware Code Title 11 Sec. 1942
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}
Non-consensual: means "without consent" as defined under § 761 of Title 11. See Delaware Code Title 10 Sec. 7202
Non-physical contact: means telephone calls, mail, e-mail, fax, texts or other written, verbal, or digital communication. See Delaware Code Title 10 Sec. 7202
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
Oath: A promise to tell the truth.
Off-site 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, that are held off the site of the caterer's business for consideration and on a regular basis. See Delaware Code Title 4 Sec. 101
Offender: means any person who has been brought within the jurisdiction of the Superior Court, Family Court, or Court of Common Pleas or within the scope of duties of the Board of Parole or the Board of Pardons. See Delaware Code Title 11 Sec. 4302
Offender: includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of any incorporated municipality of this State, including a person committed for civil or criminal contempt, except,

a. See Delaware Code Title 11 Sec. 6503
Official certificate: means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter. See Delaware Code Title 3 Sec. 8703
Official device: means any device prescribed or authorized by the Secretary for use in applying any official mark. See Delaware Code Title 3 Sec. 8703
Official establishment: means any establishment as determined by the Secretary at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter. See Delaware Code Title 3 Sec. 8703
Official inspection legend: means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this chapter. See Delaware Code Title 3 Sec. 8703
Official mark: means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or livestock or poultry under this chapter. See Delaware Code Title 3 Sec. 8703
Oral communication: means any oral communication uttered by a person made while exhibiting an expectation that such communication is not subject to interception and under circumstances justifying such expectation, but such term does not include any electronic communication. See Delaware Code Title 11 Sec. 2401
Order: includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the lower court which constitutes a fixed determination by the lower court. See Delaware Code Title 10 Sec. 9901
Original assessed value: means the assessed value as of January 1 of the calendar year preceding the effective date of the resolution creating the TIF District under § 5406(1) of this title or such later date as may be designated in such resolution by the Levy Court. See Delaware Code Title 9 Sec. 5402
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means any person in whom is vested the ownership and title of property, and who is the owner of record. See Delaware Code Title 10 Sec. 7103
package: includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. See Delaware Code Title 3 Sec. 8703
Parole: means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender's term, subject to the supervision and guidance of the Department. See Delaware Code Title 11 Sec. 4302
Parole Board: means the duly established Board of Parole as the paroling authority of the State. See Delaware Code Title 11 Sec. 4302
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.
Peace officer: is a ny public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 11 Sec. 1901
Pen register: means a device that records and decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Delaware Code Title 11 Sec. 2401
Person: means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
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 any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual. See Delaware Code Title 9 Sec. 6301
Person: includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee thereof. See Delaware Code Title 3 Sec. 8703
Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality. See Delaware Code Title 10 Sec. 7103
Person responsible: means the owner and any other person or persons who have control over the property or are responsible for the violation. See Delaware Code Title 9 Sec. 5601
Person responsible: means the owner and any other person or persons who have control over the property or are responsible for the violation. See Delaware Code Title 9 Sec. 7101
Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
Petitioner: means the person named in a petition seeking a sexual violence protective order, or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, and who is not a member of a protected class under § 1041(2)a. See Delaware Code Title 10 Sec. 7202
Physical injury: means , with respect to an adult petitioner, as defined in § 222 of Title 11. See Delaware Code Title 10 Sec. 7202
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means "comprehensive development plan of the district. See Delaware Code Title 9 Sec. 6801
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Police: includes all authorized law-enforcement personnel of a jurisdiction. See Delaware Code Title 11 Sec. 1942
Poultry: means any domesticated bird, whether live or dead. See Delaware Code Title 3 Sec. 8703
Poultry product: means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See Delaware Code Title 3 Sec. 8703
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
premises: includes any building, structure, erection, or any separate part or portion thereof, whether used as a residence, for commercial purposes or a house of worship, or the ground itself. See Delaware Code Title 10 Sec. 7103
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
Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Delaware Code Title 3 Sec. 8703
Presentence investigation: means the procedure by which the court, subsequent to conviction but prior to sentencing, obtains information concerning the offender sufficient to evaluate the offender's conduct and to determine the offender's potentialities for rehabilitation, with appropriate recommendations for judicial disposition. See Delaware Code Title 11 Sec. 4302
Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
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.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Prisoner: shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State. See Delaware Code Title 10 Sec. 8801
Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department's field services. See Delaware Code Title 11 Sec. 4302
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation and parole officer: means an employee of the Department with the qualifications, and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department within the scope of this chapter. See Delaware Code Title 11 Sec. 4302
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Prohibited sexual act: shall include :

a. See Delaware Code Title 11 Sec. 1100
Property: means a lot, plot, or parcel of land, including any structures thereon. See Delaware Code Title 9 Sec. 5601
Property: means a lot, plot, or parcel of land, including any structures thereon. See Delaware Code Title 9 Sec. 7101
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 10 Sec. 4503
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 service: include any of the following:

a. See Delaware Code Title 11 Sec. 4391
Qualified jury wheel: means a device or an electronic system for the storage of the names of prospective jurors on a master list who are not disqualified from jury service. See Delaware Code Title 10 Sec. 4503
Quorum: The number of legislators that must be present to do business.
Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 10 Sec. 4503
Readily accessible to the general public: means , with respect to a radio communication, that the communication is not:

a. See Delaware Code Title 11 Sec. 2401
Redevelopment plan: means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex. See Delaware Code Title 7 Sec. 4732
Register in Chancery Office: means the Register in Chancery of the Court of Chancery of the State, which shall be the Clerk's Office of that Court. See Delaware Code Title 10 Sec. 2501
Regular judge: means the individual holding an office under this chapter before the emergency event. See Delaware Code Title 10 Sec. 1803
Reinspection: includes inspection of the preparation of livestock products and poultry products, as well as reexamination of articles previously inspected. See Delaware Code Title 3 Sec. 8703
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Delaware Code Title 11 Sec. 2401
Renderer: means any person engaged in the business of rendering livestock or poultry carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this chapter. See Delaware Code Title 3 Sec. 8703
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
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
Respondent: means the person alleged to have engaged in the conduct giving rise to the petitioner's desire to seek a sexual violence protective order. See Delaware Code Title 10 Sec. 7202
Responsible administrative authority: shall mean , with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement;

(12) "Settled claim" shall mean the original tort claim or workers' compensation claim resolved by a structured settlement;

(13) "Structured settlement" shall mean an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim;

(14) "Structured settlement agreement" shall mean the agreement, judgment, stipulation or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments;

(15) "Structured settlement obligor" shall mean, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement;

(16) "Structured settlement payment rights" shall mean rights to receive periodic payments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where:

a. See Delaware Code Title 10 Sec. 6602
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
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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
Revenue bonds: means bonds to the payment of which all or any part of the revenues derived from the operation of any water or sewerage system are pledged in accordance with this chapter. See Delaware Code Title 9 Sec. 6701
Road: includes any "road" "street" "highway" "freeway" "parkway" or other public thoroughfare. See Delaware Code Title 9 Sec. 4801
Road: includes any "road" "street" "highway" "freeway" "parkway" or other public thoroughfare. See Delaware Code Title 9 Sec. 6801
Rules: means rules of the Justice of the Peace Court promulgated under article IV, § 13, of the Delaware Constitution. See Delaware Code Title 10 Sec. 9201
Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
Searchable records available to the public: means records regarding every sex offender who has been convicted and who is thereafter designated to Risk Assessment Tier II or III pursuant to this section. See Delaware Code Title 11 Sec. 4121
Secretary: means the Secretary of Agriculture or the Secretary's delegate. See Delaware Code Title 3 Sec. 8703
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
Serious physical injury: shall mean physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female. See Delaware Code Title 11 Sec. 1100
Service charges: means rents, rates, fees or other charges charged or collected under § 6709 of this title. See Delaware Code Title 9 Sec. 6701
Service of process: The service of writs or summonses to the appropriate party.
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.
Sewerage system: means the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal system, plants and works, connections and outfalls, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, appurtenances necessary or useful and convenient for such purposes. See Delaware Code Title 9 Sec. 6701
Sex offender: means any person who is, or has been:

a. See Delaware Code Title 11 Sec. 4121
Sexual conduct: means any of the following:

a. See Delaware Code Title 10 Sec. 7202
Sexual penetration: means any contact, however slight, between the sex organ or anus of 1 person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of 1 person, or of any animal, or object into the sex organ or anus of another person, including cunnilingus, fellatio, or anal penetration. See Delaware Code Title 10 Sec. 7202
Sexual violence protective order: means an ex parte temporary order or final order granted under this chapter which includes a remedy specified by § 7204 or § 7205 of this title. See Delaware Code Title 10 Sec. 7202
Significant intellectual or developmental disabilities: means impairment in the intellectual or physical capacity of a child as evidenced by a discernible inability to function within the normal range of performance and behavior with regard to age, development, and environment. See Delaware Code Title 11 Sec. 1100
Source list: means a list or an electronic system for the storage of the names on the voter registration list which may be supplemented with names from other sources to foster the policy of this chapter. See Delaware Code Title 10 Sec. 4503
Special emergency judge: means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is qualified and appointed as may be provided by the Delaware Constitution or other law of this State or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office. See Delaware Code Title 10 Sec. 1803
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 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
State: includes any territory of the United States and District of Columbia. See Delaware Code Title 11 Sec. 3521
Stormwater maintenance district: means an area in Kent County, within ascertainable boundaries, and which is in the opinion of the county government susceptible of efficient and economical stormwater maintenance pursuant to the procedures of this chapter. See Delaware Code Title 9 Sec. 5201
Stormwater management: means :

a. See Delaware Code Title 9 Sec. 5201
Structure: means a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 5601
Structure: means a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 7101
Student: shall mean any person enrolled in a school grades preschool through 12. See Delaware Code Title 11 Sec. 617
Subdivision: means division of any part, parcel or area of land by the owner or the owner's agent, into lots or parcels 2 or more in number for the purpose of conveyance, transfer, improvement or sale with or without appurtenant roads, streets, lanes, driveways and ways dedicated or intended to be dedicated to public use, or the use of purchasers or owners of lots fronting thereon. See Delaware Code Title 9 Sec. 4801
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Summons: includes a subpoena, order or other notice requiring the appearance of a witness. See Delaware Code Title 11 Sec. 3521
Sussex County Council: means the Council for Sussex County. See Delaware Code Title 9 Sec. 7101
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: includes inn. See Delaware Code Title 1 Sec. 302
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
Tax increment: means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value. See Delaware Code Title 9 Sec. 5402
Tax year: means the fiscal year for the County. See Delaware Code Title 9 Sec. 5402
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 large event promoter: means the person arranging or promoting the temporary large event. See Delaware Code Title 4 Sec. 101
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Terms of the structured settlement: shall include , with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement;

(18) "Transfer" shall mean any sale, assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration;

(19) "Transfer agreement" shall mean the agreement providing for transfer of structured settlement payment rights from a payee to a transferee; and

(20) "Transferee" or "payor" shall mean the person, firm or entity purchasing or receiving the assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration under a structured settlement agreement. See Delaware Code Title 10 Sec. 6602
Testify: Answer questions in court.
TIF District: means an area designated by a resolution described in § 5406(1) of this title. See Delaware Code Title 9 Sec. 5402
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.
Transfer: shall mean any sale, assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration;

(19) "Transfer agreement" shall mean the agreement providing for transfer of structured settlement payment rights from a payee to a transferee; and

(20) "Transferee" or "payor" shall mean the person, firm or entity purchasing or receiving the assignment, pledge, hypothecation or other form of alienation or encumbrance made by a payee for consideration under a structured settlement agreement. See Delaware Code Title 10 Sec. 6602
Trap and trace device: means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Delaware Code Title 11 Sec. 2401
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
True bill: Another word for indictment.
Unavailable: means either that a vacancy in an office under this chapter exists or that the regular judge is absent or unable to exercise the powers and discharge the duties of the office. See Delaware Code Title 10 Sec. 1803
Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
User: means any person or entity that uses an electronic communication service and is duly authorized by the provider of the service to engage in that use. See Delaware Code Title 11 Sec. 2401
Vehicle: means any means of transportation by land, by water or by air, and includes everything made use of in any way whatsoever for such transportation. See Delaware Code Title 4 Sec. 101
Vehicle: includes all motor-propelled vehicles, wagons, carts, carriages, bicycles, vessels and aircraft. See Delaware Code Title 11 Sec. 2321
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
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.
Victim: shall mean any natural person against whom any crime (as defined under the laws of this State, of any other state or of the United States) has been attempted, is being perpetrated or has been perpetrated. See Delaware Code Title 11 Sec. 3531
Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
Visual depiction: includes , but is not limited to:

a. See Delaware Code Title 11 Sec. 1100
Voter registration list: means the current official record of persons registered to vote in a general election. See Delaware Code Title 10 Sec. 4503
Water system: means all real and personal property necessary or useful in the collection, acquisition, treatment, purification, and distribution of water, together with any principal or ancillary rights appurtenant thereto. See Delaware Code Title 9 Sec. 6701
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
Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception (including the use of a connection in a switching station) furnished or operated by any person licensed to engage in providing or operating such facilities for the transmission of communications. See Delaware Code Title 11 Sec. 2401
Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in any criminal proceeding. See Delaware Code Title 11 Sec. 3521
Witness: shall mean any natural person:

a. See Delaware Code Title 11 Sec. 3531
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

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Delaware Code > Title 4 > Chapter 5 – Licenses and Taxes

Terms Used In Delaware Code > Title 4 > Chapter 5 - Licenses and Taxes

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