CHAPTER 8 - HUCKSTERS AND PEDDLERS

AN ACT TO AMEND CHAPTER 6 OF THE REVISED CODE OF DELAWARE, 1935, IN REFERENCE TO HUCKSTERS AND PEDDLERS.

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

Section 1. That Article 15 of said Chapter 6 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out Sections 146 to 153, inclusive, being Code Sections 180 to 187, inclusive, and substituting in lieu thereof the following:

180. Sec. 146. Hucksters and Peddlers Defined:—Any person who shall carry a pack, basket or other receptacle, or use any sort of vehicle drawn by horses or propelled in any other manner, from which grains, fruits, garden vegetables and country produce in general shall be sold or offered for sale, or who shall in any way carry upon or with him or her grains, fruits, garden vegetables and country produce in general, for sale, except as provided in Section 151 of this Article, within the limits of the State of Delaware, shall be a huckster. Any person who shall carry a pack, basket or other receptacle or use any sort of vehicle drawn by horses or propelled in any other manner from which personal property, other than that above mentioned in this Section, shall be sold or offered for sale, or who shall in any way carry upon or with him or her personal property, other than that above mentioned in this section, for sale within the limits of the State of Delaware, shall be a peddler.

181. Sec. 147. Hucksters' License; Term; How Issued:— Any person desiring to engage in the business of a huckster, as defined in Section 146 of this Article, within the limits of this State, shall take out a license in his or her name, authorizing him or her to engage in the said business, and, if a huckster with horses and wagons or other vehicles, said license shall also authorize the servants and employees of said huckster to use said horses and wagons or other vehicles in said business.

All licenses to hucksters shall be issued by the State Tax Department and shall expire annually upon the first day of June, next succeeding the date of issue.

Applicants for hucksters' license or licenses shall pay to the State Tax Department, for the use of the State, before the issuance of any license, the following license fees:

(a) To carry on the business of huckster on foot, the sum of ten dollars.

(b) To carry on the business of huckster with vehicles, whether horse-drawn or propelled by other means, the sum of twenty-five dollars for each vehicle. Separate licenses shall be issued for each vehicle.

182. Sec. 148. Peddlers' License; Terms; How Issued: Any person desiring to engage in the business of a peddler, as defined in Section 146 of this Article, within the limits of this State, shall take out a license .in his or her name, authorizing him or her to engage in the said business, and if a peddler with horses and wagons or other vehicles, said license shall also authorize the servants and employees of said peddler to use said horses and wagons or other vehicles in said business.

All licenses to peddlers shall be issued by the State Tax Department and shall expire annually upon the first day of June, next succeeding the date of issue.

Applicants for peddler's license or licenses shall pay to the State Tax Department, for the use of the State, before the issuance of any license, the following license fees:

(a) To carry on the business of peddler on foot, the sum of twenty-five dollars.

(b) To carry on the business of peddler with vehicles, whether horse-drawn or propelled by other means, the sum of fifty dollars for each vehicle. Separate licenses shall be issued for each vehicle.

183. Sec. 149. Hucksters' and Peddlers' Tags and Badges:— It .shall be the duty of the said Tax Department, to provide badges for each foot huckster and peddler so as aforesaid licensed, and tags for each vehicle used in the business of huckstering and peddling. Said badges and tags shall have displayed thereon the number of the license, the word "huckster" or "peddler", and figures indicating the year during which said license shall be in force. Said tags for any one year shall all be of the same color, and said color of the tags for one year shall be different and clearly distinguishable from the color of the tags of the preceding year. Each foot huckster and peddler, during the period in which he is engaged in his business of huckstering or peddling, shall wear a badge with the number of the license thereon, in a conspicuous place and where the same may be easily seen and shall carry said license on his person. Each vehicle so licensed shall, while the same is used in the business of huckstering or peddling, have one of said tags with the number of the license thereon attached to the front part of the body of said vehicle, in such a position that the same may be readily and plainly seen. The license issued and assigned to each vehicle shall be kept on or in said vehicle during the time said vehicle is being used in said business.

All tags, badges and licenses issued under this Article shall be subject to inspection by any police officer and any authorized employee of the State Tax Department and shall be exhibited to any police officer or authorized employee of the State Tax Department upon request.

184. Sec. 150. Duplicate Tags and Badges; How Procured; License Not Transferable:—In the event that any tag or badge issued under the provisions of Section 149 of this Article shall become lost or destroyed, the holder of said tag or badge may apply to said Tax Department for a duplicate tag or badge. Such application shall be in writing, setting forth briefly the circumstances under which said tag or badge was lost or destroyed, and said applicant shall make oath before the said Tax Department, that the facts contained in said application are true. The said Tax Department may issue a duplicate tag or badge to the person making said application for the same, provided that it shall be shown to its satisfaction that said tag or badge has been lost or destroyed.

Licenses and badges issued under the provisions of Sections 146 to 153, inclusive, of this Article, shall not be transferable. Tags issued under said provisions of said Sections shall not be transferred to another person or to any other vehicle.

185. Sec. 151. Sections 146, 147, 148, 149, 150, 152 and 153 Not Applicable to Local Manufacturers or Venders of Farm Products Raised by Vender, or to Venders of Milk, Cream, Meat, Fuels, or Petroleum Products:—The provisions of Sections 146, 147, 148, 149, 150, 152 and 153 of this Article shall not apply to any manufacturer selling or peddling anything manufactured by him in this State, or to any person selling or peddling grain, provisions, provender or fruit grown, prepared or raised upon the land of the person offering the same for sale, or to any person selling or peddling milk or cream, or to butchers regularly engaged in the peddling of meat, or to those engaged in the peddling of fuels or petroleum products.

186. Sec. 152. Violations of Sections 146 to 153; Penalties:—Any person who shall, within the limits of the State of Delaware, carry on the business of a huckster or peddler without having a license in accordance with the provisions of Sections 146 to 153, inclusive, of this Article, shall, upon conviction, be punished by a fine; for the first offense of not less than five dollars, or more than ten dollars; for the second offense, not less than ten dollars, or more than twenty dollars; and for the third and all subsequent offenses, not less than twenty-five dollars, or more than one hundred dollars.

187. Sec. 153. Violations; Jurisdiction of the Municipal Court of Wilmington, the Courts of Common Pleas and Justices of the Peace:—All violations of Sections 146 to 152, inclusive, of this Article, and offenses against the same, are hereby constituted misdemeanors, and the Municipal Court of the City of Wilmington, the Courts of Common Pleas and Justices of the Peace in the County where the offenses are committed shall have jurisdiction to hear, try and determine said misdemeanors or any of them, upon information filed by the Attorney General, or any one of his Deputies, or the prosecuting officer of the said Municipal Court, or any other person under oath.

Approved May 16, 1941.