§ 4702 — Definitions

As used in this chapter, the following terms shall have the respective meanings ascribed by this section:

(1) “Operator” means the owner or operator of any building, structure, motor vehicle or real estate, whether fixed or mobile, which is leased or rented to a transient merchant.

(2) “Registered agent” as used in this chapter may be, but is not required to be, the agent appointed pursuant to § 132 of Title 8.

(3) “Temporary or transient business” means any exhibition or sale of goods, wares or merchandise which is carried on in any building, structure, motor vehicle or real estate for less than either of following times during any consecutive 12-month period:

a. A period of 4 months’ duration between commencement and cessation of the conduct of business; or

b. A period of 90 actual days during which business is conducted.

(4) “Transient retailer” means any person, firm or corporation, as principal or agent, or both, which engages in, does or transacts any temporary or transient business in this State, either in 1 locality or in traveling from place to place in this State, offering for sale or selling goods, wares, merchandise, food or beverages, and including those who, for the purpose of carrying on such business, hire, lease, use or occupy any permanent or mobile building, structure, motor vehicle including trucks, or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise.

Legislative History

65 Del. Laws, c. 391, § 1 ; 66 Del. Laws, c. 237, § 1