Sections
Subchapter I Adult Book Stores and Other Adult Entertainment Establishments 1601 – 1629
Subchapter II Adult Entertainment Establishments; Public Nuisances 1631 – 1635

Terms Used In Delaware Code > Title 24 > Chapter 16

  • 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
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armed: shall mean any private security guard or armored car guard who carries or has immediate access to a firearm in the performance of his or her duties. See Delaware Code Title 24 Sec. 1419
  • Armored car agency: shall mean any person that provides armed secured transportation and protection from 1 place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, negotiables or other valuables in a specially-equipped motor vehicle. See Delaware Code Title 24 Sec. 1419
  • Armored car guard: shall mean an individual employed by an armored car agency to perform duties as described under the definition of armored car agency. See Delaware Code Title 24 Sec. 1419
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Board: shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies. See Delaware Code Title 24 Sec. 1419
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Delaware Code Title 6 Sec. 2A-103
  • Commission: shall mean the Commission on Adult Entertainment Establishments. See Delaware Code Title 24 Sec. 1602
  • Commissioned security guard: shall mean an individual employed to:

    a. See Delaware Code Title 24 Sec. 1419

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance agent: shall mean any individual employed by a private security agency, private investigative agency, or armored car agency within the State of Delaware who serves within a management capacity within the State, and who ensures compliance of the business with the requirements of this chapter. See Delaware Code Title 24 Sec. 1419
  • Construction management services: includes services performed pursuant to a contract with an owner of a structure, or with the agent of such owner, for the management of the erection, alteration or repair of such structure, where the person or entity providing such services does not perform or furnish labor or material for such erection, alteration or repair. See Delaware Code Title 25 Sec. 2701
  • Conviction: means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court. See Delaware Code Title 24 Sec. 1602
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: shall mean the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 1419
  • Docket: A log containing brief entries of court proceedings.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Ex officio: Literally, by virtue of one's office.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Delaware Code Title 6 Sec. 2A-103
  • Hazardous site: shall mean any commercial premises, building, structure or any part thereof, which is a site of high-risk sexual conduct. See Delaware Code Title 24 Sec. 1632
  • High-risk sexual conduct: shall mean :

    a. See Delaware Code Title 24 Sec. 1632

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Delaware Code Title 6 Sec. 2A-103
  • Labor: includes work. See Delaware Code Title 25 Sec. 2701
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Delaware Code Title 6 Sec. 2A-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Delaware Code Title 6 Sec. 2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Delaware Code Title 6 Sec. 2A-103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
  • License: shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board. See Delaware Code Title 24 Sec. 1419
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manager: shall mean in the case of a corporation, an officer or supervisor, or in the case of a partnership, a general or unlimited partner meeting the experience qualifications set forth in this chapter for a private security agency, private investigative agency or armored car agency. See Delaware Code Title 24 Sec. 1419
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Officer: shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title. See Delaware Code Title 24 Sec. 1419
  • Partner: shall include both a general and a limited partner. See Delaware Code Title 24 Sec. 1602
  • Partnership: shall include both a general and a limited partnership. See Delaware Code Title 24 Sec. 1602
  • Peace officer: shall include police officers, the Attorney General and the Attorney General's deputies and assistants. See Delaware Code Title 24 Sec. 1602
  • Person: shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. See Delaware Code Title 24 Sec. 1419
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Principal stockholder: shall mean a person who owns equity securities of the licensee, whether voting or nonvoting, preferred or common, in any amount equal to or greater than 10 percent of the total amount of equity securities of the licensee issued and outstanding. See Delaware Code Title 24 Sec. 1602
  • Private investigative agency: means any person who engages in the business or accepts employment to obtain or furnish information or to conduct investigations with reference to:

    a. See Delaware Code Title 24 Sec. 1419

  • Private investigator: shall mean an individual employed by a private investigative agency (even as a sole proprietor) to perform 1 or more duties as described under the definition of "private investigative agency. See Delaware Code Title 24 Sec. 1419
  • Private security agency: shall mean any person engaging in the business of or undertaking to provide a private watchperson, guard or street patrol service on a contractual basis for another person and performing any 1 or more of the following or similar functions:

    a. See Delaware Code Title 24 Sec. 1419

  • Private security guard: shall mean an individual employed by a private security agency to perform one or more duties as described under the definition of a private security agency. See Delaware Code Title 24 Sec. 1419
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Registration: shall mean a method of regulation whereby an individual employed by a private security agency, private investigative agency, or armored car agency as a security guard, private investigator or armored car guard is licensed and issued an identification card by the Professional Licensing Section. See Delaware Code Title 24 Sec. 1419
  • Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 1419
  • Secretary: shall mean the Secretary of the Department of Health and Social Services. See Delaware Code Title 24 Sec. 1632
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Structure: includes a building or house. See Delaware Code Title 25 Sec. 2701
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Delaware Code Title 6 Sec. 2A-103
  • Tavern: includes inn. See Delaware Code Title 6 Sec. 4307
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.