Del. Code 24, § 1610 : Professions And Occupations — Adult Entertainment Establishments — Adult Book Stores And Other Adult Entertainment Establishments — License tied to physical location; prohibited activities

  • Date:

Current through 2016 Legislative Session, Act 399

(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) No new adult entertainment establishment as defined in § 1602 of this title shall operate in the same building or in separate buildings less than 1,500 feet from each other, within 500 feet of any residence regardless of how such property is zoned, or within 2,800 feet from a church or school. Violations of this subsection shall be punishable by a fine in the amount of $5,000. Distances shall be measured from property line to property line.
(d) No new adult-oriented retail establishment shall operate in the same building or in separate buildings less than 500 feet from each other, within 200 feet of any school bus stop or any residence regardless of how such property is zoned, or within 500 feet from a church or school. Distances shall be measured from property line to property line. No adult-oriented retail establishment shall 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. Violations of this subsection shall be 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.
Del. C. § 1610
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.;
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