Del. Code tit. 24 § 2301

Current through 2024 Legislative Session Act Chapter 269

Section 2301 - Definitions

As used in this chapter:

(1) "Antique dealer" means a person, company, corporation, or member or members of a partnership or firm who sells exclusively goods that are at least 50 years old.

(2)"Automated Kiosk" means an interactive device that is permanently installed within a secure retail space and that has the following technological functions:

a. Monitored remotely by a live representative during all business hours of operation;

b. Verification of a seller's identity via a government-issued identification card;

c. Secure storage of goods accepted by the kiosk;

d. Capture and storage of images during the transaction; and

e. Electronically report all transactions to Law Enforcement.

(3) "Catalytic converter" means a used, detached catalytic converter that is used for controlling the exhaust emissions from motor vehicles, and that contains a catalyst metal, but does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with U.S. Environmental Protection Agency regulations.

(4) "Consumer" means any person or buyer who purchases a retail product, as defined in paragraph (5) of this section, other than for further purposes of resale or processing.

(5) "Department" shall mean the Department of Safety and Homeland Security.

(6) "Director" shall mean the officer in charge of the Professional Licensing Section of the Division.

(7) "Division" shall mean the Division of the Delaware State Police.

(8) "Exempted Internet acquisitions" means any property acquired by a business licensed under this chapter from an exclusive Internet sale.

(9) "Gift card" means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment that may be used to obtain merchandise, goods, or services at a single retailer of goods or services or an affiliated group of retailers of goods, which may provide to the bearer merchandise in a specific amount or of equal value to the bearer of the device.

(10) "Pawnbroker" means any person, company, corporation, or member or members of a partnership or firm who:

a. Engages in the business of lending money on the deposit or pledge of personal property or other valuable things, other than causes in action, securities, or written evidences of indebtedness; or

b. Purchases personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or

c. Lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security.

(11) "Retail" means the sale or purchase for final consumption in contrast to a sale for further sale or processing, or a sale to the final consumer, rather than a sale to a retailer or one who intends to resell.

(12) "Scrap metal processor" means any person, company, corporation, or member or members of a partnership or firm engaged in the business of selling or receiving any worn out or discarded metal, old iron, used plumbing fixtures, other metals, automobiles, automobile parts, chain, copper, lead, brass, or other parts of machinery.

(13) Secondhand dealer" means any person, company, corporation, or member or members of a partnership or firm whose storefront business includes any volume of selling or receiving previously owned, used, rented or leased tangible personal property excluding motor vehicles. The term "secondhand dealer" includes any individual engaged in the business of receiving tangible personal property by means of an automated kiosk. The term "secondhand dealer" shall not include auction houses, flea markets, antique dealers or motor vehicle dealers. This chapter, as it relates to secondhand dealers, does not apply to:

a. The sale of secondhand goods at events commonly known as "garage sales," "yard sales," or "estate sales";

b. The sale or receipt of secondhand books, magazines, post cards, postage stamps;

c. The sale or receipt of used merchandise donated to recognized nonprofit, religious, or charitable organizations or any school-sponsored association for which no compensation is paid;

d. The sale or receipt of secondhand furniture;

e. The sale or receipt of secondhand clothing and shoes;

f. The sale of goods exclusively via the Internet that meet the definition of "exempted Internet acquisition" set forth in this section;

g. Federal firearms licensed dealers; or

h. The retail sale or purchase of goods, notwithstanding any and all articles under § 2302(b) of this title, and/or produce or other food products to a consumer, by a person, company, corporation, member or members of a partnership or firm from a location that the person, company, corporation, member or members or a partnership or firm, owns or leases; or

i. The taking in trade by a business of an item of a like kind to items which such business sells as new goods as the principal or substantial part of its business.

(14) "Secretary" shall mean the Secretary of the Department of Safety and Homeland Security.

(15) "Section" shall mean the Professional Licensing Section of the Division.

(16) "Superintendent" shall mean the Superintendent of the Division.

24 Del. C. § 2301

Amended by Laws 2023 , ch. 207, s 2, eff. 9/11/2023.

Amended by Laws 2023 , ch. 138, s 1, eff. 1/1/2024.

Amended by Laws 2017 , ch. 102, s 1, eff. 7/21/2017.

Amended by Laws 2015 , ch. 395, s 1, eff. 8/10/2016.

Amended by Laws 2013 , ch. 299, s 1, eff. 7/15/2014.

24 Del. Laws, c. 162, § 1; Code 1915, § 1196; Code 1935, § 1382; 46 Del. Laws, c. 136, § 1; 24 Del. C. 1953, § 2301; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 284, § 1; 77 Del. Laws, c. 185, § 2; 78 Del. Laws, c. 184, §§ 1 - 6.;