CHAPTER 198 - REGULATIONS CONCERNING BUYING AND SELLING OF SECOND-HAND WATCHES

AN ACT TO PROVIDE FOR THE REGULATION AND CONTROL OF THE BUYING AND SELLING OF SECOND-HAND WATCHES OR THE SALE OF REBUILT MOVEMENTS IN NEW WATCH CASES.

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

Section 1. Definitions. As used in this Act.

A. "Person" shall be deemed to mean a person, firm, partnership, association or corporation.

B. "Consumer" shall be deemed to mean an individual, firm, partnership, association or corporation who buys for his, her or its own use, or for the use of another but not for resale.

C. A "second-hand" watch shall be deemed to mean:

(1) A watch which, as a whole, or the case thereof, or the movement thereof has been previously sold to a consumer; provided, however, that a watch which has been so sold and is thereafter returned, either through an exchange or for credit, to the same person who sold such watch to the consumer, shall not be deemed to be a second-hand watch for the purpose of this Act if such person keeps a written or printed record setting forth the name and address of the consumer, the date of the sale to the consumer, the date of the return by the consumer, the name of the watch or its maker, and the serial numbers (if any) or if none, any other distinguishing numbers or identification marks on the case and on the movement of the watch, the aforesaid record to be kept for at least three years from the date of the sale of the watch and to be open for inspection during all business hours by any member of the Police Department of the City of Wilmington or other peace officer of the State.

(2) Any watch whose case or movement serial numbers or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered.

Section 2. Any person, or any agent or employee thereof, who sells a second-hand watch, shall affix and keep affixed to the same a tag with the words "second-hand" legibly written or printed thereon in the English language. For the purposes of this Act, "sell" shall be deemed to include offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.

Section 3. Any person, or any agent or employee thereof, who sells a second-hand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers (if any or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the aforesaid invoice shall be kept on file by the vendor of such second-hand watch for at least one year from the date of the sale thereof and shall be open to inspection during all business hours by any member of the Police Department of the City of Wilmington or other peace officer of the State.

Section 4. Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches so advertised are second-hand watches.

Section 5. Any person, firth, partnership, association or corporation or any member, officer, agent or employee thereof, who shall violate any provision of this Act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment.

Approved April 26, 1937.