CHAPTER 13 - MERCHANTS

AN ACT TO AMEND CHAPTER 6 OF THE REVISED CODE OF THE STATE OF DELAWARE OF 1935 RELATING TO MERCHANTS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 139 of said Chapter 6 of the Revised Code of Delaware of 1935, being Code Section 173 of said Code, be and the same is hereby amended by striking out Paragraph 5 of said Section 139 and substituting in lieu thereof the following:

In case any individual, co-partnership, firm or corporation, or any other association of persons acting as a unit, desires to engage as owner or owners, or as agent or agents, in the business of buying and selling merchandise for cash or by barter, or engage in, prosecute, follow, or carry on a retail or wholesale business by purchasing and selling produce, goods, wares, or any property of whatever description, he, she, they or it not having been engaged in such a business as hereinbefore defined during the year immediately next preceding the aforesaid first day of June, shall, before commencing such business, take out a fractional license, which shall expire on the first day of June next after the date of its issuance, first paying to the said Tax Department the sum of Five Dollars ($5.00); and at the expiration of said fractional license on the first day of June, he, she, they or it shall obtain an annual license, which shall be valid until the first day of June following, upon the filing with the said Tax Department, by him, her, them or it, of a statement in writing, verified by oath or affirmation of such individual, or one member of such co-partnership, firm or association, or of the President, Treasurer or Secretary of such corporation, containing the information as to the aggregate cost value as hereinbefore provided in this Section, but limited to the period covered by the terms of the said fractional license; such individual, co-partnership, firm or corporation, or association of persons shall pay to the said Tax Department, for the use of the State, at the time of the taking out of the first annual license following the issuance of a fractional license; or if such business shall be discontinued at any time prior to the renewal of the license, the tax at the rates hereinafter provided shall be due and payable at the time of such discontinuance and shall be a lien against the property and assets of such individuals, partners or corporate licensee, a tax for the said fractional period amounting to one-tenth of one per cent (1/10th of 1%) of the aggregate cost value as set forth in the said statement covering the period of said fractional license, in excess of Five Thousand Dollars ($5,000.00), in addition to the said sum of Five Dollars ($5.00) originally paid for said fractional license, and the sum of Five Dollars ($5.00) for the first annual license, in addition to a further tax for the said annual license of one-tenth of one per cent (1/10th of 1%), based upon the aggregate cost value rated on the proportion which the time covered by the fractional license bears to the twelve months covered by said annual license, in excess of Five Thousand Dollars ($5,000.00).

Section 2. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency only.

Approved April 27, 1937.