Delaware Code Title 24 Sec. 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.
Terms Used In Delaware Code Title 24 Sec. 1606
- 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
- Commission: shall mean the Commission on Adult Entertainment Establishments. 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(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.
61 Del. Laws, c. 122, § ?1; 62 Del. Laws, c. 413, §§ ?8-10; 77 Del. Laws, c. 168, § ?6;