Delaware Code Title 24 Sec. 1610 – License tied to physical location; prohibited activities
(a) No license issued under this chapter shall authorize the licensee to engage in or carry on the business of operating an adult entertainment establishment or adult-oriented retail establishment in any place other than the premises set forth in said license. In addition, each applicant or licensee seeking a license or renewal must affirmatively establish within their application that the location or proposed location of the place of business is in compliance with all applicable laws and ordinances. If a licensee changes the location of the licensee’s place of business during the period for which the license was issued, the license shall be amended by making application in accordance with this chapter in making a new application, to authorize business at the new location, provided that said business is otherwise permitted at the new location by applicable law and ordinance.
Terms Used In Delaware Code Title 24 Sec. 1610
- Adult: shall mean a person who has attained the age of 18. See Delaware Code Title 24 Sec. 1602
- Adult entertainment establishment: shall mean any commercial establishment, business or service, or portion thereof, which offers sexually-oriented material, devices, paraphernalia or specific sexual activities, services, performances or any combination thereof, or in any other form, whether printed, filmed, recorded or live. See Delaware Code Title 24 Sec. 1602
- Adult-oriented retail establishment: shall mean any commercial establishment, business or service, or portion thereof, which offers as a substantial portion of their business sexually-oriented material, devices, or paraphernalia, but does not allow on-site displays of sexually-oriented materials or sexual activities. See Delaware Code Title 24 Sec. 1602
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Applicant: shall mean the person in whose name or on whose behalf a license under this chapter is requested. See Delaware Code Title 24 Sec. 1602
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Licensee: shall mean the person to whom and in whose name a license is issued under this chapter. See Delaware Code Title 24 Sec. 1602
- Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, an unincorporated association, a government or a governmental instrumentality. See Delaware Code Title 24 Sec. 1602
- Sexually-oriented material: shall mean any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture film or sound recording, which depicts sexual activity, actual or simulated, involving human beings or human beings and animals, or which exhibits uncovered human genitals or pubic region in a lewd or lascivious manner or which exhibits human male genitals in a discernibly turgid state, even if completely covered. See Delaware Code Title 24 Sec. 1602
(b) Any person, and in the case of a corporation this shall include its principal stockholders, board of directors, officers and persons engaged in the management of such establishment, who is the holder of a license issued under this chapter and who engages in, carries on or participates in the operation of the business of operating an adult entertainment establishment or adult-oriented retail establishment at a place other than that authorized by said license shall be fined not more than $500, or imprisoned for not more than 6 months, or both.
(c) (1) A new adult entertainment establishment may not operate in any of the following locations:
a. The same building as or in a separate building less than 1,500 feet from another adult entertainment establishment.
b. Within 500 feet of a residence, regardless of how the new adult entertainment establishment’s property is zoned.
c. Within 2,800 feet of a church or school.
(2) A violation of this subsection is punishable by a fine in the amount of $5,000.
(3) Distances are to be measured from property line to property line.
(d) (1) A new adult-oriented retail establishment may not operate in any of the following locations:
a. The same building as or in a separate building less than 500 feet from another adult-oriented retail establishment.
b. Within 200 feet of a school bus stop or a residence, regardless of how the new adult-oriented retail establishment’s property is zoned.
c. Within 500 feet of a church or school.
(2) Distances are to be measured from property line to property line.
(3) An adult-oriented retail establishment may not operate in a manner that allows sexually-oriented material, devices, or paraphernalia to be visible from outside of the establishment at any time, including during times any door to the business is open.
(4) A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.
(e) Notwithstanding any provision of law to the contrary, no municipal corporation or county may adopt any ordinance or charter amendment with distance restrictions less than those provided in this section.
(f) (1) After July 23, 2019, a new adult entertainment establishment or a new adult-oriented retail establishment may not operate in a building in which an adult entertainment establishment or adult-oriented retail establishment has previously operated.
(2) A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.
61 Del. Laws, c. 122, § ?1; 62 Del. Laws, c. 413, § ?13; 63 Del. Laws, c. 284, §§ ?2, 3; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 452, § ?1; 77 Del. Laws, c. 168, § ?9; 82 Del. Laws, c. 149, § 1;