CHAPTER 65

MERCHANTS

AN ACT TO AMEND CHAPTER 6 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO STATE REVENUE; PROVIDING FOR THE EXEMPTION OF DEALERS IN GRAINS AND COMMERCIAL FEEDS, FRUITS AND VEGETABLES, POULTRY AND COAL.

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

Section 1. That Chapter 6 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out the whole of 174, Section 140, and inserting in lieu thereof a new section, to be known as 174, Section 140, as follows:

174. Section 140. The provisions of the last foregoing section shall not apply to persons, associations of persons, firms or corporations engaged in the business of buying, selling and shipping grains and commercial feeds, fruits and vegetables, poultry or coal by wholesale or by retail when in carload lots or equal quantities or when the cost value of the commodities so purchased, sold or shipped, shall exceed the sum of One Hundred Thousand ($100,000.00) Dollars during the taxable year; but all such desiring to so engage, or to continue so engaged, shall annually, on or before the first day of June, take out a license to engage in, prosecute, follow and carry on the said business and occupation, for which he, she, it or they shall pay, for the use of the State, to the State Tax Department the sum of five dollars.

Every person, association of persons, firm or corporation so engaged, shall, on or before the first day of June, annually, file with the said Tax Department, a true statement of the aggregate cost value of the commodities which he, she, they or it shall have purchased for sale or shipment in said business or occupation during the year next preceding, which statement shall be verified by the oath or affirmation of such person, or by some one member of such association or firm, or by the president or other presiding officer of such corporation, to be made before and certified by any person, who by the laws of this State, is duly authorized to administer the same; and shall pay to said Tax Department for the use of the State, a further tax, which, together with the tax theretofore paid upon taking out said license, shall aggregate a sum equal to twenty cents for every one thousand dollars of the cost value of the commodities purchased in the period covered by said statement. In case any person, association of persons, firm or corporation, not having been so engaged during the next year preceding, and desiring to engage in said wholesale business, beginning at a period subsequent to the first day of June, shall, before commencing said business or occupation, 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 for the use of the State, the sum of five dollars; and shall, on the first day of June next thereafter, file with the said Tax Department, a true statement, verified by oath or affirmation as aforesaid, of the cost value of the commodities purchased in said business during the period covered by said fractional license; and shall pay to the said Tax Department, for the use of the State, a further tax, which together with the tax theretofore paid upon taking out said fractional license, shall aggregate a sum equal to twenty cents for every one thousand dollars of the cost value of the commodities purchased in the period covered by said fractional license. If any person, association of persons, firm or corporation shall engage in, prosecute, follow or carry on, within the limits of this State, the said business of buying, selling and shipping grains, commercial feeds, fruits and vegetables, poultry or coal, as aforesaid, without having first obtained therefor a license in accordance with the provisions of this Section, such person and each and every person composing such association or firm, and the president, officers and directors of such corporation, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable for the payment of said tax and a fine not to exceed five hundred dollars.

Approved May 15, 1939.