Terms Used In Delaware Code > Title 5 > Chapter 33 > Subchapter VI - Enforcement Powers of Commissioner

• Adult: shall mean a person who has attained the age of 18. See Delaware Code Title 24 Sec. 1602
• Adult entertainment establishment: shall mean any commercial establishment, business or service, or portion thereof, which offers sexually-oriented material, devices, paraphernalia or specific sexual activities, services, performances or any combination thereof, or in any other form, whether printed, filmed, recorded or live. See Delaware Code Title 24 Sec. 1602
• Adult-oriented retail establishment: shall mean any commercial establishment, business or service, or portion thereof, which offers as a substantial portion of their business sexually-oriented material, devices, or paraphernalia, but does not allow on-site displays of sexually-oriented materials or sexual activities. See Delaware Code Title 24 Sec. 1602
• 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.
• 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.
• 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.
• Applicant: shall mean the person in whose name or on whose behalf a license under this chapter is requested. See Delaware Code Title 24 Sec. 1602
• 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
• Architect: shall mean any person who engages in the practice of architecture as hereinafter defined. See Delaware Code Title 24 Sec. 302
• Armed: shall mean any private security guard or armored car guard who carries or has immediate access to a firearm in the performance of his or her duties. See Delaware Code Title 24 Sec. 1302
• Armored car agency: shall mean any person that provides armed secured transportation and protection from 1 place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, negotiables or other valuables in a specially-equipped motor vehicle. See Delaware Code Title 24 Sec. 1302
• Armored car guard: shall mean an individual employed by an armored car agency to perform duties as described under the definition of armored car agency. See Delaware Code Title 24 Sec. 1302
• Arrest: Taking physical custody of a person by lawful authority.
• Board: shall mean the Board of Architects established by § 8735(a)(3) of Title 29 and this chapter. See Delaware Code Title 24 Sec. 302
• Board: shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies. See Delaware Code Title 24 Sec. 1302
• Certificate of registration: shall mean any document which indicates that a person is currently registered with the Board of Architects. See Delaware Code Title 24 Sec. 302
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Commission: shall mean the Commission on Adult Entertainment Establishments. See Delaware Code Title 24 Sec. 1602
• Commissioned security guard: shall mean an individual employed to:

  a. See Delaware Code Title 24 Sec. 1302

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance agent: shall mean any individual employed by a private security agency, private investigative agency, or armored car agency within the State of Delaware who serves within a management capacity within the State, and who ensures compliance of the business with the requirements of this chapter. See Delaware Code Title 24 Sec. 1302
• Computer forensic specialist: shall mean an individual who interprets, evaluates, tests, or analyzes preexisting data from computers, computer systems, networks, or other electronic media, provided to them by another where that person owns, controls, or possesses said computer, computer systems, networks or electronic media through the use of highly specialized expertise in recovery, authentication and analysis of electronic data or computer usage. See Delaware Code Title 24 Sec. 1302
• 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.
• Conviction: means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court. See Delaware Code Title 24 Sec. 1602
• 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.
• 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.
• Department: shall mean the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 1302
• Director: shall mean the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 1302
• Division: shall mean the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 1302
• Event security staff: shall mean any individual employed by a private security agency to primarily perform crowd management, patron screening and event security at sports or entertainment venues with a minimum spectator capacity of 5,000 people. See Delaware Code Title 24 Sec. 1302
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Hazardous site: shall mean any commercial premises, building, structure or any part thereof, which is a site of high-risk sexual conduct. See Delaware Code Title 24 Sec. 1632
• High-risk sexual conduct: shall mean :

  a. See Delaware Code Title 24 Sec. 1632

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board. See Delaware Code Title 24 Sec. 1302
• Licensee: shall mean the person to whom and in whose name a license is issued under this chapter. See Delaware Code Title 24 Sec. 1602
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manager: shall mean in the case of a corporation, an officer or supervisor, or in the case of a partnership, a general or unlimited partner meeting the experience qualifications set forth in this chapter for a private security agency, private investigative agency or armored car agency. See Delaware Code Title 24 Sec. 1302
• Masochism: shall mean sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture or death. See Delaware Code Title 24 Sec. 1602
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Officer: shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title. See Delaware Code Title 24 Sec. 1302
• Partner: shall include both a general and a limited partner. See Delaware Code Title 24 Sec. 1602
• 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.
• Partnership: shall include both a general and a limited partnership. See Delaware Code Title 24 Sec. 1602
• Peace officer: shall include police officers, the Attorney General and the Attorney General's deputies and assistants. See Delaware Code Title 24 Sec. 1602
• Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, an unincorporated association, a government or a governmental instrumentality. See Delaware Code Title 24 Sec. 1602
• Person: shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. See Delaware Code Title 24 Sec. 1302
• Personal property: All property that is not real property.
• 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.
• Practice of architecture: shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts. See Delaware Code Title 24 Sec. 302
• Principal stockholder: shall mean a person who owns equity securities of the licensee, whether voting or nonvoting, preferred or common, in any amount equal to or greater than 10 percent of the total amount of equity securities of the licensee issued and outstanding. See Delaware Code Title 24 Sec. 1602
• Private investigative agency: means any person who engages in the business or accepts employment to obtain or furnish information or to conduct investigations with reference to:

  a. See Delaware Code Title 24 Sec. 1302

• Private investigator: shall mean an individual employed by a private investigative agency (even as a sole proprietor) to perform 1 or more duties as described under the definition of "private investigative agency. See Delaware Code Title 24 Sec. 1302
• Private security agency: shall mean any person engaging in the business of or undertaking to provide a private watchperson, guard or street patrol service on a contractual basis for another person and performing any 1 or more of the following or similar functions:

  a. See Delaware Code Title 24 Sec. 1302

• Private security guard: shall mean an individual employed by a private security agency to perform one or more duties as described under the definition of a private security agency. See Delaware Code Title 24 Sec. 1302
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registered architect: shall mean an architect holding a current certificate of registration. See Delaware Code Title 24 Sec. 302
• Registration: shall mean a method of regulation whereby an individual employed by a private security agency, private investigative agency, or armored car agency as a security guard, private investigator or armored car guard is licensed and issued an identification card by the Professional Licensing Section. See Delaware Code Title 24 Sec. 1302
• 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.
• Sadism: shall mean sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture or death upon another person or animal. See Delaware Code Title 24 Sec. 1602
• Secretary: shall mean the Secretary of the Department of Health and Social Services. See Delaware Code Title 24 Sec. 1632
• Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 1302
• Sexually-oriented material: shall mean any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture film or sound recording, which depicts sexual activity, actual or simulated, involving human beings or human beings and animals, or which exhibits uncovered human genitals or pubic region in a lewd or lascivious manner or which exhibits human male genitals in a discernibly turgid state, even if completely covered. See Delaware Code Title 24 Sec. 1602
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Superintendent: shall mean the Superintendent of the Division of the Delaware State Police or the appointed designee. See Delaware Code Title 24 Sec. 1302
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Verdict: The decision of a petit jury or a judge.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302