Terms Used In Delaware Code > Title 4 > Chapter 5 > Subchapter I - Manufacture and Import

• 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
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• 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.
• 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
• 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
• 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
• 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.
• 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
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means alteration, removal, demolition, addition, repair or construction of any new or old building. See Delaware Code Title 9 Sec. 6301
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• 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
• 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
• Docket: A log containing brief entries of court proceedings.
• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• 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

• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• 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}
• 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.
• Fiduciary: A trustee, executor, or administrator.
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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
• 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
• 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.
• 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.
• 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}
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kent County Levy Court: means the Levy Court for Kent County. See Delaware Code Title 9 Sec. 5601
• 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
• 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}
• Levy Court: means Kent County Levy Court. See Delaware Code Title 9 Sec. 5402
• 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.
• 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
• 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
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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}
• 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.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• 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.
• 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 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
• Personal property: All property that is not real property.
• 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.
• 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.
• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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.
• Quorum: The number of legislators that must be present to do business.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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
• Sale: means every act of selling as defined in this section. See Delaware Code Title 4 Sec. 101
• 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
• 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.
• 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
• 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
• Statute: A law passed by a legislature.
• 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.
• Sussex County Council: means the Council for Sussex County. See Delaware Code Title 9 Sec. 7101
• 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• 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
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302