Adult Entertainment Establishments

Del. Code tit. 24, ch. 16
in effect

Del. Code tit. 24, § 1601 Purpose.

(a) It is the finding of the General Assembly that the health, safety and welfare of the people of the State are imperiled by the increasing incidence of the crimes of obscenity, prostitution and of offenses related thereto. The General Assembly finds that the foregoing crimes are principally facilitated by the widespread abuse of legitimate occupations and establishments, to wit, adult entertainment establishments. It is the further finding of the General Assembly that existing criminal penalties for the foregoing offenses have been rendered ineffective by the active concealment of the identities of the individuals who create, control and promote such businesses; by the failure of these individuals and businesses to exercise adequate control and supervision over the activities of their employees; and by the active promotion of prostitution and obscenity by these individuals and businesses for their own financial gain. It is the additional finding of the General Assembly that the health, safety and welfare of the people of the State are imperiled by the widespread operation of adult-oriented retail businesses without reasonable time, place and manner limitations on such businesses. (b) To the end of furthering the substantial and compelling interest of the people of this State in being free of the crimes of obscenity, prostitution and its companion offenses, and in order to promote the health, safety and welfare, the General Assembly does hereby act.

Del. Code tit. 24, § 1602 Definitions.

As used in this chapter: (1) “Adult” shall mean a person who has attained the age of 18. (2) “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. The term “adult entertainment establishment” shall include but not be limited to such activities as: a. “Adult book stores” which shall mean any corporation, partnership or business of any kind which has as part of its stock books, magazines or other periodicals and which offers, sells, provides or rents for a fee: 1. Any sexually-oriented material, and which business restricts or purports to restrict admission to adults, within the meaning of this chapter, or to any class of adults; 2. Any sexually-oriented material which is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors; or 3. Any sexually-oriented material which has a substantial portion of its contents devoted to the pictorial depiction of sadism, masochism or bestiality. 4. [Repealed.] b. “Adult motion picture theatres” which shall mean an enclosed building used for presenting film presentations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities for observation by patrons therein; c. “Adult shows” or “adult peep shows” which shall include all adult shows, exhibitions, performances or presentations which contain acts or depictions of specific sexual activities; d. “Conversation parlors,” “relaxation studios,” “health salons” or “call services” which shall mean any commercial business, enterprise or service which offers or which holds itself out as offering conversations or relaxation or any other services whereby any employee, attendant or patron is involved in specific sexual activities or representations thereof. e. [Repealed.] (3) “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. (4) “Applicant” shall mean the person in whose name or on whose behalf a license under this chapter is requested. (5) “Beastiality” shall mean sexual activity, actual or simulated, between a human being and an animal. (6) “Commission” shall mean the Commission on Adult Entertainment Establishments. (7) “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. (8) “Licensee” shall mean the person to whom and in whose name a license is issued under this chapter. (9) “Masochism” shall mean sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture or death. (10), (11) [Repealed.] (12) “Partner” shall include both a general and a limited partner. (13) “Partnership” shall include both a general and a limited partnership. (14) “Peace officer” shall include police officers, the Attorney General and the Attorney General’s deputies and assistants. (15) “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. (16) “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. (17) “Sadism” shall mean sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture or death upon another person or animal. (18) “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. (19) “Specific sexual activities” shall be defined as including the following sexual activities and/or the exhibition of the following anatomical areas: a. Human genitals in the state of sexual stimulation or arousal; or b. Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or any excretory function, or representation thereof; c. The fondling or erotic touching of human genitals, pubic region, buttocks or the female breasts; or d. Less than completely opaquely covered: 1. Human genitals, pubic region; 2. Buttocks; 3. Female breasts below the top of the areola; or 4. Human male genitals in a discernable turgid state, even if completely and opaquely covered. (20) [Repealed.]

Del. Code tit. 24, § 1603 Commission on Adult Entertainment Establishments.

(a) The Commission on Adult Entertainment Establishments is hereby established. The Commission shall consist of 5 members who shall be appointed by the Governor and who shall be residents of this State. No person shall be a member if a member of such person’s immediate family is licensed by the Commission, or is an employee of a licensee of the Commission; or if a member of such person’s immediate family has a material or financial interest in the providing of goods or services to a licensee of the Commission. (b) Members shall serve for terms of 3 years. The Chairperson shall be elected annually by vote of the members. In the event that a member of the Commission for any reason cannot complete a term of office, the Governor shall appoint another person to serve for the remainder of the term. (c) A person who has never served on the Board may be appointed to the Board 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served. (d) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment. (e) Each member of the Commission shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9. (f) Three members of the Commission shall constitute a quorum to conduct business. In the absence of the Chairperson, an acting Chairperson shall be designated by the quorum of Commissioners present. (g) A member of the Commission shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Commission business until the charge is adjudicated or the matter is otherwise concluded. A Commission member may appeal any suspension or removal to the Superior Court.

Del. Code tit. 24, § 1604 Duties and powers of Commission.

(a) The Commission shall issue, revoke and suspend licenses for operation of adult entertainment establishments, and for the operation of adult-oriented retail businesses in accordance with this chapter. (b) The Commission shall meet regularly as determined by the Commission or within 30 days, whichever comes sooner, after receipt of a completed application for a license, and shall conduct such special meetings and hearings as shall be necessary to implement this chapter. (c) Each member of the Commission shall have the power to administer oaths, and to compel the attendance of witnesses and the production of documents and other tangible objects material to its proceedings by the issuance of subpoenas to carry out the purposes of this chapter. (d) No findings of fact shall be made by the Commission except upon a hearing before at least 3 members, 3 of which shall concur in said finding. All findings of fact shall be written or recorded. (e) The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Commission as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any state agency acting in its behalf, shall compute for each separate service or activity the appropriate Commission fees for the coming year. (f) All documents filed with the Commission and all records maintained shall become public, official and business records of the State and shall be admissible in evidence in any judicial proceeding in this State in accordance with the laws of Delaware applicable to the admissibility of such records. (g) The Commission shall have the power to make such rules and regulations not inconsistent with the law as are necessary for their performance of its duties.

Del. Code tit. 24, § 1605 Records.

(a) The Commission shall maintain separate indexes relating to the licensing of adult entertainment establishments and adult-oriented retail businesses. (b) The Commission shall maintain an alphabetized or a computerized index containing the full name or names, including nicknames or aliases, residential address or addresses, business address or addresses, social security number, driver’s license number, a picture and the identity of any banks within or without the State wherein accounts are maintained, of every applicant and licensee under this chapter. The same information shall be provided for any other person whose signature appears upon any document comprising an application for license submitted under this chapter. Said index shall be kept current and shall indicate the eligibility of such persons as licensees under this chapter, and whether the signatures of such persons on an application for license preclude the issuance of a license based thereon. (c) In carrying out its responsibilities, the Commission may submit names of applicants and those appearing in applications to the Department of Justice, State Police or Department of Homeland Security for the purpose of a record check.

Del. Code tit. 24, § 1606 Adult entertainment license requirement.

(a) No person shall engage in, carry on or participate in the operation of an adult entertainment establishment or adult-oriented retail business without first having been issued a license therefor by the Commission. Any adult entertainment establishment being operated without a license therefore is hereby declared to be a nuisance for purposes of Chapter 71 of Title 10. (b) Whoever engages in the operation of an adult-oriented retail business in violation of this section shall be fined not more than $500 or imprisoned not more than 6 months, or both. (c) Any person, and in the case of corporation this shall include its principal stockholders, board of directors, officers and persons engaged in the management of such establishment, who shall engage in, carry on or participate in the operation of an adult entertainment establishment in violation of this section shall be fined not more than $10,000 and imprisoned not more than 6 months, or both. (d) A certificate, certified by a member of the Commission, that a diligent search of the Commission’s records, those pertaining to licenses kept in conformity with this chapter, has failed to disclose the existence of a valid license for an adult entertainment establishment or adult-oriented retail establishment in question shall be prima facie evidence of a violation of this section.

Del. Code tit. 24, § 1607 License fee; term.

(a) No license for the operation of an adult-oriented retail business under this chapter, or renewal thereof, shall be issued unless the applicant shall have paid the nonrefundable application fee as provided in § 1613 of this title. (b) No license for the operation of any adult entertainment establishment under this chapter, nor renewal thereof, shall be issued unless the applicant shall have paid the nonrefundable application fee as provided in § 1613 of this title. (c) Nothing in this chapter, however, shall be construed to affect or impair in any manner the requirements of Title 30. (d) Each license granted pursuant to this chapter shall be for a period of 1 year and may only be renewed by making a new application in the manner provided in this chapter.

Del. Code tit. 24, § 1608 Transferability of license.

(a) Each license issued under this chapter shall be for the sole use and benefit of the licensee to whom it is issued and shall not be transferable. (b) Whoever intentionally uses or permits the use, or attempts to use or permit the use of a license issued under this chapter by or on behalf of a person other than the licensee to whom said license shall be issued shall be fined not more than $500, or imprisoned for not more than 6 months, or both.

Del. Code tit. 24, § 1609 Form and content of license.

(a) Every license issued under this chapter shall be signed by the signature or by the facsimile signature of the Chairperson of the Commission, shall bear in bold letters the date of issuance and termination and shall state the name and address of the licensee. (b) Every license for the operation of an adult entertainment establishment shall describe the nature of the business or enterprise as appropriate within the meaning of § 1602(2) of this title, and the location of the premises at which such business is authorized. Where the licensee is a corporation, the license shall state the name and address of said corporation’s registered agent in this State, and the name of its registered agent at such address. (c) Every license for the operation of an adult-oriented retail establishment shall describe the location of the premises at which such business is authorized. Where the licensee is a corporation, the license shall state the name and address of said corporation’s registered agent in this State, and the name of its registered agent at such address.

Del. Code tit. 24, § 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. (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.

Del. Code tit. 24, § 1613 Adult entertainment establishment or adult-oriented retail establishment license application.

(a) No license for the operation of an adult entertainment establishment or adult-oriented retail establishment shall be issued under this chapter unless the applicant has executed and filed with the Commission an application for license under oath on a form prepared by the Commission which is in compliance with this chapter. (b) Every application for license for the operation of an adult entertainment establishment or adult-oriented retail establishment shall state the full name(s) of the applicant appearing pursuant to § 1615 of this title, including nickname(s) or alias(es), residential address(es), place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number, a photograph of the applicant taken within 30 days of the application, federal employer’s identification number and an address of the premises for which the application for license is made. Each application shall further provide the full name(s), including nickname(s) and alias(es), residential address(es), place of employment(s) including address(es) and phone number(s), date of birth, social security number and a recent photograph taken within 30 days of providing this information to the Commission of those persons employed by the adult entertainment establishment or adult-oriented retail establishment, and to specifically identify who is to be responsible for the day-to-day management of the adult entertainment establishment or adult-oriented retail establishment. (c) Where the applicant is a corporation, no license shall be issued unless there first be filed with the Commission, as part of the application of license: (1) A copy of the certificate of incorporation certified by the Secretary of State of the state of incorporation; (2) Where the applicant is a foreign corporation within the meaning of § 371 of Title 8, a copy of the certificate of the Secretary of State prescribed by subsection (c) of that section; (3) A certificate which shall bear the full name(s), including nicknames or aliases, place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number and a photograph taken within 30 days of application of every director, officer and principal stockholder of the applicant; and (4) The names and addresses of all holders of stock of the applicant as of a date 30 days or less prior to the date of application, which shall be certified as true and correct by an authorized director or officer of said corporation. (d) Where the applicant is a partnership or other unincorporated association, no license shall be issued unless there is first filed with the Commission, as part of the application for license, a certificate which shall bear the full name(s), including nicknames or aliases, signature(s), place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number and a photograph taken within 30 days of application of every partner or member. (e) An application for license for the operation of an adult entertainment establishment shall include a certificate stating the full name(s), including nicknames or aliases, signature(s), residential address(es), place(s) of employment, including address(es) and phone number(s), date of birth, social security number, driver’s license number and a photograph taken within 30 days of application of the person or persons who shall be responsible for the selection or procurement of all sexually-oriented material for each such establishment. This subsection shall not be construed to preclude the responsibility of any other person or persons for the procurement of sexually-oriented materials. (f) Every application for a license for the operation of an adult entertainment establishment or adult-oriented retail establishment, or for renewal thereof, shall be accompanied by a nonrefundable fee in the amount as determined by the Division of Professional Regulation. (g) No application for a license to operate an adult entertainment establishment or adult-oriented retail establishment shall be received by the Commission within 6 months following the date upon which an application to operate an adult entertainment establishment or adult-oriented retail establishment at the same location has been denied.

Del. Code tit. 24, § 1614 Form of signature.

No signature of an applicant or licensee, or of any director, officer, principal stockholder or employee of an applicant or licensee, or of any partner associated with an applicant or licensee, which is required to be affixed to any document filed under this chapter, shall be a facsimile signature.

Del. Code tit. 24, § 1615 Personal appearance required.

(a) No license shall be issued under this chapter except upon personal appearance of the applicant before a member of the Commission. The applicant shall affix the applicant’s signature and Social Security number to the application for license in said member’s presence and shall acknowledge under oath that said application for license is the applicant’s act and deed and that the facts stated therein are true. (b) Where the applicant is a corporation, subsection (a) of this section shall be satisfied by the appearance, signature and Social Security number of a director on behalf of the corporation in the same manner. Where the applicant is a partnership or other unincorporated association, subsection (a) of this section shall be satisfied by the appearance, signature and Social Security number of a general partner or member on behalf of the applicant.

Del. Code tit. 24, § 1616 Grounds for denial of license.

The Commission after a hearing shall issue a license for the operation of an adult entertainment establishment or adult-oriented retail establishment for every applicant who shall have satisfactorily completed and filed an application for license as required by this chapter and shall have paid the required fee, provided that the Commission may refuse to license an applicant if the Commission has substantial evidence that would reasonably support a belief that a substantial objection to the granting of the license has been presented by the community within which the license is to operate, or that the granting of such license is otherwise not in the public interest. For the purposes of this subsection, the term “substantial objection” shall include: (1) Any objection, or group of objections, presented to the Commission either individually or as a group, by persons who reside within the election district where the license is to operate and all contiguous election districts, sufficient to give the Commission reason to believe that a majority of the residents of the community within which the license is to operate oppose the issuance of the license; or (2) Any objection, or group of objections, presented to the Commission either individually or as a group, the content of which gives the Commission reason to believe the quality of life of the community within which the license is to operate will be adversely affected by the granting of the license.

Del. Code tit. 24, § 1617 Grounds for refusal to issue a license; suspension; revocation.

(a) The Commission shall refuse to issue a license to any applicant, and shall revoke any license for the operation of an adult entertainment establishment or adult-oriented retail establishment, for any of the following reasons: (1) An intentional misrepresentation or omission of any material fact required to be filed pursuant to this chapter; (2) A transfer of a license in violation of § 1608(a) or § 1610(a) of this title; or the failure to comply with § 1622 or § 1623 of this title; (3) A conviction for any of the following offenses, which are deemed to be substantially related to the operation of adult bookstores and adult entertainment establishments: lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction; (4) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee or of a partner associated with the licensee for any of the following offenses, including conspiracy to commit any of the following offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments: lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction, occurring on the licensed premises; or (5) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee, or of a partner associated with the licensee, for any of the following offenses, including conspiracy to commit any of the following offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments: lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other jurisdiction, not occurring on licensed premises, where said director, officer, principal stockholder, manager, procurer, employee or independent contractor, at the time of the conduct constituting the offense, was off the premises at the request or direction or pursuant to the authority of the licensee for the purpose of furthering the business of the licensee. (b) The person or persons responsible for any intentional misrepresentation or omission of any material fact required to be filed pursuant to this chapter shall be fined $1,000, imprisoned for 30 days, or both. For the purpose of this subsection, a fact is deemed “material” when it could have affected the decision as to whether to grant or deny an application for license. (c) The license for the operation of an adult entertainment establishment or adult-oriented retail establishment may be suspended by the Commission, for a period not to exceed 6 months, for any violation of this chapter not otherwise punishable by subsection (a) of this section, or § 1616 of this title. (d) A waiver shall be granted, after application in a form prescribed by the Commission, of paragraphs (a)(3) through (a)(5) of this section if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Commission determines that granting a waiver would not create an unreasonable risk to public safety.

Del. Code tit. 24, § 1618 Suspension of license to operate massage establishment or act as massagist; regulations imposing sanctions.

Repealed by 77 Del. Laws, c. 168, § 15, effective July 16, 2009.

Del. Code tit. 24, § 1619 Hearings.

(a) The Commission shall not suspend or revoke any license under this chapter except after a hearing where the licensee has been given at least 20 days’ notice in writing, specifying the reason or reasons for such suspension or revocation and a date of the hearing. (b) Any hearing pursuant to this section shall be at such time and place as the Commission shall prescribe, but no later than 20 days after the Commission is in receipt of a completed application or 20 days after a licensee has received notice of a proposed suspension or revocation action. Failure of the person or persons to appear after receiving notice shall constitute a waiver of the right to appear in such hearing. (c) Hearings shall be before a panel of no less than 3 Commissioners and the applicant or licensee shall be permitted the assistance of counsel at the applicant’s or licensee’s own expense, to present witnesses in the applicant’s or licensee’s own behalf and to cross-examine witnesses against the applicant or licensee. The proceedings shall be recorded either electronically or stenographically. The Commission shall make specific findings of fact based upon a preponderance of the evidence upon the concurring vote of no fewer than 3 Commissioners. The Commission shall give written notice, accompanied by its findings of fact and conclusions of law, of its action within 10 days of said hearing. (d) The applicant or licensee shall have the right of appeal to the Superior Court upon filing notice of appeal within 20 days of the decision of the Commission. Such review shall be on the record and shall not be de novo, and the cost of transportation shall be borne by the appellant.

Del. Code tit. 24, § 1620 Criminal background checks of applicants and employees.

An applicant for licensure as an adult entertainment establishment or adult-oriented retail establishment and all persons employed by the adult entertainment establishment or adult-oriented retail establishment shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following: (1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person. (2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Commission on Adult Entertainment Establishments shall be the screening point for the receipt of said federal criminal history records.

Del. Code tit. 24, § 1621 Records; inspection of records.

(a) Every adult entertainment establishment which is licensed under this chapter shall maintain on the premises a record which shall state the name and address of every person, distributor, wholesaler or publisher from whom said establishment has received any sexually-oriented material, and the date such material was received, for purposes of sale, exhibition or dissemination on the premises after the effective date of this chapter. (b) All records which are required to be maintained pursuant to this section shall be subject to inspection on demand by any peace officer or by the Commission or any member thereof. (c) Violation of this section shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or both.

Del. Code tit. 24, § 1622 Change of management of adult entertainment establishment or adult-oriented retail establishment.

(a) An adult entertainment establishment or adult-oriented retail establishment shall notify the Commission in writing within 10 days of any change, containing the full name(s), including nicknames or aliases, residential address(es), place(s) of employment, including address(es) and phone number(s), Social Security number, date of birth, driver’s license number and a photograph taken within 30 days of notification, of any change in the identity of the persons identified pursuant to § 1613(b) and (e) of this title. (b) A violation of this section shall be punishable by a fine in the amount of $1,000.

Del. Code tit. 24, § 1623 Applicability of chapter.

This chapter shall apply with equal force and effect to businesses and enterprises in existence prior to the effective date of this chapter and to those undertaken thereafter. The information required of all applicants hereunder shall be supplied to the Commission by any business subject to this chapter previously licensed pursuant to § 2905 of Title 30 within 20 days after the effective date of this chapter if such business has more than 90 days remaining on its then existing license.

Del. Code tit. 24, § 1624 Inspections of massage establishments.

Repealed by 77 Del. Laws, c. 168, § 21, effective July 16, 2009.

Del. Code tit. 24, § 1625 Rules and prohibitions relating to adult entertainment establishments.

(a) No adult entertainment establishment shall be established in a shopping area containing 1 or more parcels of land owned by a common owner or owners and having in such area 4 or more retail stores. (b) No adult entertainment establishment shall open to do business before 10:00 a.m., Monday through Saturday; and no adult entertainment establishment shall remain open after 10:00 p.m., Monday through Saturday. No adult entertainment establishment shall be open for business on any Sunday or a legal holiday as designated in § 501 of Title 1. This subsection shall not apply to any business which, on or before January 1, 1997, was regulated under both this chapter and Title 4, and which is not an adult book store, conversation parlor or adult motion picture theater as the same are defined in this chapter.

Del. Code tit. 24, § 1627 Jurisdiction.

Exclusive jurisdiction for all criminal violations of this chapter shall be in the Superior Court.

Del. Code tit. 24, § 1628 Words of gender or number.

Unless the context otherwise requires, words denoting the singular number may, and where necessary, shall be construed as denoting the plural number, and words denoting the plural number may, and where necessary, shall be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary, shall be construed as denoting the feminine gender or the neuter gender.

Del. Code tit. 24, § 1629 Presence of minors prohibited; penalties.

(a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of 18 years. (b) Any person who violates this section shall be fined in the amount of $1,000 for the first conviction, and in the amount of $5,000 for each subsequent conviction. (c) It shall be an affirmative defense to a prosecution under this section that the minor presented to the accused identification, with a photograph of such minor affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older.

Del. Code tit. 24, § 1631 Statement of purpose; findings.

(a) It is hereby found that there are certain commercial premises, buildings, structures or parts thereof which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease to persons frequenting such premises, buildings and structures; and also to the public health, safety and welfare. The General Assembly declares that the health, safety and welfare of all persons in this State should be protected through the application and enforcement of standards regulating such premises, buildings and structures, in order to eliminate the possibility of the spread of, or infection by, communicable diseases. (b) The sexually transmittable disease of Acquired Immune Deficiency Syndrome, currently found to be irreversible and uniformly fatal, is found to be of particular danger to persons who frequent adult entertainment establishments or other premises, when they are in violation of state law. A high incidence of this and other communicable diseases is found to occur in discernable population groups. The risk factors for obtaining or spreading A.I.D.S. are associated with high-risk sexual conduct. The commercial premises, buildings and structures where persons might place themselves at risk of infection from this disease, or from any other communicable disease facilitated by high-risk sexual conduct, should as public policy be regulated and standards for the prevention of the spread of these communicable diseases should be established for the protection of the public health, safety and welfare.

Del. Code tit. 24, § 1632 Definitions.

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Booths, stalls or partitioned portions of a room or individual rooms” shall mean: a. Enclosures specifically offered to persons for a fee, or as an incident to performing high-risk sexual conduct; or b. Enclosures which are part of a business operated on the premises, which offers movies or other entertainment to be viewed within such enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The words “booths, stalls or partitioned portions of a room or individual rooms” shall not mean enclosures which are private offices used by an owner, manager or other person employed on the premises for attending to the tasks of such person’s employment, and which office or enclosure is not held out for use or hire to the public for the purpose of viewing movies or other entertainment for a fee, and which are not open to any persons other than employees. (2) “Doors, curtains or portal partitions” shall mean full, complete, nontransparent closure devices constructed so that one outside cannot see or view activity taking place within the enclosure. (3) “Hazardous site” shall mean any commercial premises, building, structure or any part thereof, which is a site of high-risk sexual conduct. (4) “High-risk sexual conduct” shall mean: a. Fellatio; b. Anal intercourse; and/or c. Vaginal intercourse with persons who engage in sexual acts for exchange of money. (5) “Open to an adjacent public room so that the area inside is visible to persons in such adjacent room” shall mean either: a. The absence of any door, curtain or portal partition; or b. A door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure. (6) “Secretary” shall mean the Secretary of the Department of Health and Social Services.

Del. Code tit. 24, § 1633 Building standards.

(a) No commercial building, structure, premises, part thereof or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct. (b) No person shall own, operate, manage, rent, lease or exercise control over any commercial building, structure, premises or portion or part thereof, which contains: (1) Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition; or (2) Booths, stalls, or partitioned portions of a room or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in adjacent public rooms. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. (c) The standards set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.

Del. Code tit. 24, § 1634 Department of Health and Social Services.

(a) The Department of Health and Social Services shall administer this subchapter and may adopt rules and regulations to facilitate its administration of this subchapter. In exercising the powers conferred by this or any other section of the Delaware Code or of this chapter relating to sexually related communicable diseases, the Department shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services as the same relate to the spread of infectious diseases. Any rules or regulations which are adopted by the Department which relate to controlling the spread of sexually related communicable diseases shall also apply in the exercising of its powers authorized under this subchapter. (b) In order to ascertain the source of certain infections, and reduce the spread of infection, the Secretary and all persons so authorized by the Secretary shall have full power and authority to inspect or cause to be inspected, and to issue orders regarding any commercial building, structure, premises or any part thereof, which may be a site of high-risk sexual conduct. If the Secretary determines that a hazardous site exists, the Secretary may: (1) Notify the management, owner or tenant of the premises that the Secretary has reasonable belief that such premises, building or structure is a hazardous site; and (2) Issue warnings to the management, owner or tenant of the premises to remedy those items cited or listed by the Secretary’s notice; and (3) Once such notice and warnings have been issued, the Secretary, or any person designated by the Secretary, shall have the right to proceed in accordance with § 1635 of this title.

Del. Code tit. 24, § 1635 Closure of certain public nuisances.

(a) After the Secretary has issued the notice and warning described in § 1634 of this title, the management, owner or tenant shall have 10 days to request a hearing before the Secretary or a hearing officer appointed by the Secretary, for a final determination as to whether or not the site is a hazardous site. If the management, owner or tenant of the premises does not, within 10 days of the notice, request a hearing, the Secretary shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. The Secretary shall then issue an order to the management, owner or tenant of such premises to take measures to bring the premises into compliance with § 1633 of this title. (b) If the management, owner or tenant of the premises requests a hearing, the hearing shall be held before the Secretary or a hearing officer approved by the Secretary at a date not more than 30 days after such request for a hearing. After considering all evidence, the Secretary or the hearing officer, as the case may be, shall make a determination as to whether or not the premises constitute a hazardous site. If the Secretary or hearing officer makes a determination that the premises constitute a hazardous site, the Secretary shall then issue an order and cause the premises, building or structure to be posted with a warning advising the public that the premises have been declared a hazardous site. (c) If, after 30 days from issuance of the Secretary’s order to the management, owner or tenant of the hazardous site, the Secretary determines that the measures to bring the premises into compliance, and to prevent high-risk sexual conduct have not been undertaken, the Secretary may declare the site to be a public nuisance, and: (1) Order the abatement of the hazardous site as a public nuisance, which order shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction; and/or (2) May secure a court order for the closure of the premises constituting a hazardous site until the premises, building or structure is in compliance with the standards set forth in § 1633 of this title; or (3) May, in compliance, with § 310 of Title 16, take such steps as are set forth therein for the abatement of a nuisance. (d) The management, owner or tenant may, within 30 days of the Secretary’s order, apply to the Superior Court for a civil trial de novo of any finding or findings made by the Secretary or hearing officer, and of any charges brought against said management, owner or tenant.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title24/c016/sc01/index.htmlFetched: 10/4/2026

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