Delaware Code Title 24 Sec. 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.
61 Del. Laws, c. 122, § ?1; 62 Del. Laws, c. 413, § ?18; 77 Del. Laws, c. 168, § ?13;
Terms Used In Delaware Code Title 24 Sec. 1616
- Adult: shall mean a person who has attained the age of 18. 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
- 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
- Commission: shall mean the Commission on Adult Entertainment Establishments. See Delaware Code Title 24 Sec. 1602
- 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.