CHAPTER 122

FORMERLY

HOUSE BILL NO. 407

AS AMENDED BY

HOUSE AMENDMENT NOS. 1, 2, 3 & 4 AND

SENATE AMENDMENT NO. 4

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE BY PROVIDING FOR THE LICENSING OF MASSAGE ESTABLISHMENTS AND ADULT BOOK STORES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 24 of the Delaware Code by adding thereto a new Chapter, to be designated Chapter 16, which new Chapter shall read as follows:

"CHAPTER16. MASSAGE ESTABLISHMENTS AND ADULT BOOK STORES

"§1601. Purpose

It is the finding of the Legislature that the health, safety and welfaie of the People of the State of Delaware are imperiled by the increasing incidence of the crimes of obscenity, prostitution, and of offenses related thereto. The Legislature finds that the foregoing crimes are principally facilitated by the widespread abuse of legitimate occupations and establishments, to wit, adult book stores and massage establishements. It is the further finding of the Legislature 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 business for their own financial gain.

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 Legislature does hereby act.

§1602. Definitions

As used in this Chapter:

(1) 'Adult' shall mean a person who has attained the age of 18.

(2) 'Adult bookstore' 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:

(a) 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; or

(b) any sexually oriented material which is available for viewing by patrons on the premises by means of the operation of any type of movie machine or slide projector; or

(c) any sexually oriented material which has a substantial portion of its contents devoted to the pictorial depiction of sadism, masochism or beastiality; or

(d) any sexually oriented material which has as its principal theme the depiction of sexual activity by, or the lewd or lascivious exhibition of the uncovered genitals, pubic region, or buttock of, children who are or who appear to be under the age of 18.

This term shall not include a motion picture theater which is licensed pursuant to Title 30, Chapter 23 of the Delaware Code.

(3) 'Applicant' shall mean the person in whose name or on whose behalf a license under this chapter is requested.

(4) 'Beastiality' shall mean sexual activity, actual or simulated, between a human being an an animal.

(5) 'Commission' shall mean the Commission on Massage Establishments and Adult Book Stores.

(6) '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.

(7) 'Licensee' shall mean the person to whom and in whose name a license is issued under this chapter.

(8) '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.

(9) 'Massage Establishments' shall mean any business or enterpise which offers, sells, or provides, or which holds itself out as offering, selling, or providing, massages which include bathing, physical massage, rubbing, kneading, annointing, stroking, manipulating, or other tactile stimulation of the human body, by either male or female employees or attendants, by hand or by any electrical or mechanical device, on or off the premises. This term shall not include the business or occuption of a chiropractor, chiropodist, podiatrist, barber, nurse, optometrist, cosmetologist, dentist, physican, physical therapist, or operator of a funeral establishment, who is certified, registered or licensed pursuant to Title 24, or a hospital which is licensed pursuant to Title 16 of the Delaware Code, or athletic coach or trainer.

(10) 'Massagist' shall mean any person who performs massage services for a massage establishment, and shall include self-employed individuals.

(11) 'Partner' shall include both a general and a limited partner.

(12) 'Partnership' shall include both a general and a limited partnership.

(13) '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.

(14) 'Principal stockholder' shall mean a person who owns equity securities of the licensee, whether voting or non-voting, preferred or common, in an amount equal to or greater than 10 percent of the total amount of equity securities of the licensee issued and outstanding.

(15) 'Peace Officer' shall include police officers, the Attorney General and his Deputies and Assistants.

(16) '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.

(17) 'Sexual activity' shall mean any act of sexual intercourse, masturbation, sodomy, cunnilingus, or any excretory function, or any fondling or other erotic touching of genitals, pubic region, buttock or female breast.

(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) 'Treat' shall mean to administer the services provided by a massage establishment as described by this section.

§1603. Commission on Massage Establishments and Adult Book Stores

(a) The Commission on Massage Establishments and Adult Book Stores is hereby established. The Commission shall consist of five members who shall be appointed by the Governor and who shall be residents of this State.

(b) The Governor shall appoint the five members of the Commission within 30 days of the enactment of this Act. Two members shall be appointed for two years and two members for three years. Upon the expiration of said terms the Governor shall appoint successors for terms of three years. The Chairman shall be designated by and serve at the pleasure of the Governor. In the event that a member of the Commission for any reason cannot complete his term of office, the Governor shall appoint another person to serve for the remainder of the term. The Commission shall designate one of its members as Secretary-Treasurer. All members of the Commission appointed by the Governor under the provisions of this Chapter shall be made by and with the consent of a majority of all the members elected to the Senate.

(c) Within 60 days from the enactment of this Act, the Commission shall be prepared to carry out the duties imposed herein.

(d) Each member of the Commission shall receive as compensation the sum of thirty ($30.00) dollars per diem for each day or part thereof actually engaged in the discharge of his duties under this Act, and shall be reimbursed by the State Treasurer for reasonable expenses and costs incurred in traveling to and from meetings of the Commission.

(e) Three members of the Commission shall constitute a quorum to conduct business. In the absence of the Chairman, an Acting Chairman shall be designated by the quorum of Commissioners present.

§1604. Duties and Powers

(a) The Commission shall issue, revoke, and suspend licenses for operation of massage establishments and adult book stores, and for the occupation of massagist in accordance with the provisions of this Chapter.

(b) The Commission shall meet regularly not less than one day per month 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 the provisions of 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 subpoenaes 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 three members, three of which shall concur in said finding. All findings of fact shall be written or recorded.

(e) All fees received by the Commission shall be paid over to the State Treasurer in accordance with Chapter 61 of Title 29. All expenses of the Commission, within the limits of the appropriations made to it, shall be paid by the State Treasurer upon vouchers signed by the Secretary-Treasurer of the Commission.

(f) All documents filed with the Commission and all records maintained shall become public, official, and business records of the State of Delaware 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.

§1605. Records

(a) The Commission shall maintain separate indexes relating to the licensing of massage establishments, mass-

agists, and adult book stores.

(b) The Commission shall maintain an alphabetized or a computerized index containing the full name(s), including nicknames or aliases, residential address(es), business address(es), social security number, driver 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 Act. The same information shall be provided for any other person whose signature appears upon any document comprising an application for license submitted under this Act. Said index shall be kept current and shall indicate the eligibility of such persons as licensees under this Act, 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 for the purpose of a record check.

§1606. License requirement

(1) No person shall engage in, carry on, or participate in the operation of a massage.establishment, adult

book store, or engage in the occupation of massagist without first having been issued a license therefore by the Commission.

(a) Whoever engages in the occupation of massagist in violation of this section shall be fined not more than $500 or imprisoned not more than six (6) months, or both.

(b) 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 a massage establishment or an adult book store in violation of this section shall be fined not more than $10,000 and imprisoned not more than six (6) months, or both.

(c) Any person engaging in, carrying on, or who participates in the operation of a massage establishment who is found to have upon the premises a massagist in violation of this section shall be fined not less than $2,500, which fine shall not be subject to suspension, nor more than $10,000. For the purposes of this section, neither arrest, prosecution or conviction of a massagist for violation of this section shall benecessary in order for liability to attach.

(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 the provisions of this Act, has failed to disclose the existence of a valid license for the massage establishement or adult book store in question shall be prima facie evidence of a violation of this section.

§1607. Fee; Term of license

(a) No license for the operation of a massage establishment under this chapter shall be issued unless the applicant thereof shall have paid an annual license fee of Two Hundred ($200) dollars plus a fee of Twenty-five ($25) dollars for each separate branch or business location.

(b) No license to engage in the occupation of massagist shall be issued under this chapter unless the applicant therefore shall have paid an annual license fee of Twenty-five ($25) dollars.

(c) No license for the operation of an adult book store under this chapter shall be issued unless the applicant therefore shall have paid an annual license fee of Fifty ($50) dollars plus a fee of Ten ($10) dollars for each separate branch or business location; provided, however, that applicants who have paid for and obtained a license prior to the effective date of this Act pursuant to Title 30, Section 2905 of the Delaware Code shall pay no fee in addition thereto for issuance of a license under this Chapter. Nothing in this Chapter, however, shall be construed to affect or impair in any manner the requirements of Title 30 of the Delaware Code.

(d) Each license granted pursuant to this Act shall be paid for a period of one year and may only be renewed by making a new application in the manner provided in this Act.

§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 Five Hundred ($500) dollars, or imprisoned for not more than six (6) months, or both.

§1609. Form and content of licenses

(a) Every license issued under this Chapter shall be signed by the signature or by the facsimile signature of the Secretary-Treasurer 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 a massage establishment or an adult book store shall describe the nature of the business or enterprise as 'massage establishment' or 'adult book store', 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 issued to a massagist shall bear the photograph of the licensee.

§1610. Place of business specified in license; Change of location; Penalty

(a) No license issued under this Chapter shall authorized the licensee to engage in or carry on the business of operating a massage establishment or an adult book store in any place other than the premises set forth in such license. If a licensee changes the location of his place of business during the period for which the license is issued, the license shall be amended by making application in accordance with the provisions of this Act in making a new application, to authorize business at the new location, provided 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 Act and who engages in, carries on, or participates in the operation of the business of operating a massage establishment or an adult book store at a place other than that authorized by said license shall be fined not more than Five Hundred ($500) dollars, or imprisoned for not more than six months, or both.

§1611. Display of license; Penalty

(a) Every person licensed to operate a massage establishment or an adult book store under this Chapter shall display each license in a conspicuous manner on the premises for which the license shall have been issued.

(b) Every massagist licensed under this Chapter shall have in his possession during the course of performance of services as a massagist, and while on the premises of a massage establishment, and shall display upon request of a peace officer, the license issued under this Chapter.

(c) Violation of this section shall be punished by a fine of not more than One Thousand ($1,000) dollars.

§1612. Application for license; Massagist

No license to engage in the occupation of massagist shall be issued under this Act unless the applicant has executed and filed with the Commission an application for license which shall include:

(1) His 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 license number, and a photograph of the applicant taken within 30 days of application.

(2) His sworn statement that he has never been convicted of any of the following offenses: lewdness, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape, or sodomy, in this State or any other State or jurisdiction within three years of the date of application.

(3) A letter or certification of a physician stating that the applicant has been examined and found free of communicable diseases as of a date not more than thirty days prior to submission of the application.

(4) A copy of the applicant's fingerprints on a Delaware State Police fingerprint card.

§1613. Application for license; Massage establishment and adult book store

(a) No license for the operation of a massage establishment or an adult book store 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 a massage establishment or an adult book store shall state the full name(s), of the applicant appearing pursuant to Section 1615 of this Act, including nicknames or aliases, residential address(es), place(s) of employment, including address(es) and phone number(s), social security number, date of birth, drivers license number, and a photograph of the applicant taken within thirty days of the application, Federal Employer's Identification Number, and address of the premises for which the application for license is made. Each application shall further provide the full name(s), including nicknames and aliases, residential address(es), place(s) of employment, including address(es) and phone number(s), social security number, and a recent photograph taken within thirty days of providing this information to the Commission, of the person(s) to be primarily responsible for the day to day management of the massage establishment or adult book store.

(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; and

(2) where the applicant is a foreign corporation within the meaning of Title 8, Section 371 of the Delaware Code, a copy of the certificate of the Secretary of State prescribed by subsection (c) of that section; and

(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, drivers license number, and a photograph taken within thirty days of application of every director, officer, and principal stockholder of the applicant, and each such signature shall be separately witnessed and acknowledged by a notary public of the district of execution; and

(4) the names and addresses of all holders of stock of the applicant as of a date thirty 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, place(s) of employment, including address(es) and phone number(s), social security number, date of birth, drivers license number, and a photograph taken within thirty days of application of every partner or member, and each such signature shall be separately witnessed and acknowledged by a notary public of the district of execution.

(e) An application for license for the operation of an adult book store shall include a certificate stating the full name(s), including nicknames or aliases, signature(s), residential address(es), place of employment, including address(es) and phone number(s), date of birth, social security number, drivers license number, and a photograph taken within thirty 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 and each such signature shall be separately witnessed and acknowledged by a notary public of the district of execution. This subsection shall not be construed to preclude the responsibility of any other person or persons for the procurement of sexually oriented materials.

§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.

§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 his 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 his act and deed and that the facts stated therein are true.

(b) Where the applicant is a corporation, the provisions of 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, the provisions of subsection (a) shall be satisfied by the appearance, signature and social security number of a general partner or member on behalf of the applicant.

§1616. Grounds for denial of license

(a) The Commission shall issue a license for the operation of an adult book store to 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.

(b) No license to engage in the occupation of mesas-gist shall be issued to any person convicted of any of the following offenses: lewdness, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other State or jurisdiction within three years of the date of application.

(c) No license for the operation of a massage establishment shall be issued under this chapter:

(1) To any person convicted within three years of the date of application of any of the following offenses: lewdness, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other State or Jurisdiction; or

(2) To any person who formerly held a license for the operation of a massage establishment under this chapter, which license was revoked pursuant to Section 1617 of this chapter, for two years following revocation; or

(3) To any person who was an officer, director, or principal stockholder of a corporation, or a partner or member of a partnership or other unincorporated association, which was licensed as a massage establishment and which license was revoked pursuant to Section 1617 of this chapter for an offense or violation committed by anyone while said person served in that capacity, for two years following revocation; or

(4) To any person on the basis of an Application of License which bears the signature of any person specified in subsection (c) (1) of this section who has been convicted within three years of the date of application of any of the crimes set forth in subparagraph (c)(1) of this section; or

(5) To any person on the basis of an Application for License which bears the signature of any person specified in subsections (c) (2) or (c) (3) of this section, for two years following revocation.

§1617. Grounds for revocation of license

(a) The license for the operation of an adult book store shall be revoked for the following reasons:

1. The intentional misrepresentation or omission of any material fact required to be filed pursuant to this Act; or

2. The transfer of a license in violation of Section 1608 (a) or 1610 (a) of this Act; or the failure to comply with the provisions of Sections 1623 or 1624 of this Act.

Nothing provided herein shall preclude the licensee from applying for a new license pursuant to the provisions of this Act. The person or persons responsible for any intentional misrepresentation or omission of any material fact required to be filed pursuant to this Act shall be fined $1,000 and imprisoned for thirty 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.

(b) A license to engage in the occupation of massagist shall be revoked for a period of two years upon the conviction of the licensee for any of the following offenses, including conspiracy to commit any of the following offenses: lewdness, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape, or sodomy, in this State or any other State or jurisdiction.

(c) A license for the operation of a massage establishment shall be revoked for a period of two years:

(1) Upon conviction of the licensee for any of the following offenses, including conspiracy to commit any of the following offenses: lewdness, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape, or sodomy, in this State or any other State or jurisdiction.

(2) Upon a conviction of any director, officer, principal stockholder, or employee 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: lewdness, 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.

(3) Upon conviction of any director, officer, principal stockholder, or employee 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: lewdness, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape, or sodomy, in this State or any other state or jurisdiction, not occurring on licensed premises, where said director, officer, principal stockholder, partner, or employee, at the time of the conduct constituting the offense, was off the premises at the request or direction of the licensee for the purpose of furthering the business of the licensee.

§1618. Suspension of license to operate massage establishment or act as a massagist

(a) A license for the operation of a massage establishment shall be suspended for a period of sixty days upon conviction of the licensee for a violation of Section 1620 of this Act.

(b) A license to engage in the occupation of massagist shall be suspended for a period of two years upon conviction of the licensee for a violation of Section 1620 of this Act.

§1619. Notice and hearing

(a) The Commission shall not deny, suspend or revoke any license issued under this Act, or deny any application for license thereunder, except after a hearing where the applicant or licensee has been given at least twenty days notice in writing, specifying the reason or reasons for such denial, suspension or revocation, and the date of the hearing. Notice for the purpose of this section shall be as provided by the Superior Court Rules of Civil Procedure.

(b) Any hearing held pursuant to this Act shall be at such time and place as the Commission shall prescribe, but no later than twenty days after receiving notice. Failure of the person or persons to appear after receiving notice shall constitute a waiver of the right to appear at said hearing.

(c) Hearings shall be before a panel of no less than three Commissioners and the applicant or licensee shall be permitted the assistance of counsel at his own expense, to present witnesses in his own behalf and to cross-examine witnesses against him. 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 three Commissioners. The Commission shall give written notice, accompanied by its findings of fact and conclusion of law, of its action within ten 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 twenty 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

§1620. Prohibited acts

(a) Permit a massagist in its employ to treat a patron of the opposite sex; or

(b) Permit a massagist in its employ to treat a patron while pubic area, buttocks, or female breasts of either massagist or patron are not fully covered; or

(c) Permit a massagist in its employ to treat the genitals of a patron.

(d) No massage parlor shall be located on the premises or have an adjoining door to an establishment that sells alcoholic beverages.

"A violation of this section by either a massage establishment or a massagist shall be punished by a fine in the amount of $1,000 or by imprisonment for not more than thirty days, or both.

§1621. Records; inspection

(a) Every massage establishment which is licensed under this chapter shall maintain on the premises and keep current a record of all massagists in its employ, a record of all massagists who have been employed after the effective date of this chapter, and a record containing the names and addresses of all customers, the date of attendance and the name of the massagist.

(b) Every adult book store 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 book store 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.

(c) 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.

(d) Violation of this section shall be punished by a fine of not more than Two Hundred ($200) dollars or by imprisonment for not more than six months, or both.

§1622. Severability

If any provision or clause of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter shall be severable.

§1623. Change of daily management

"A massage establishement or adult book store shall notify the Commission in writing within ten 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 license number, and a photograph taken within thirty days of notification, of any change in the identity of the persons identified pursuant to Section 1613 (b) and (e) of this Act.

A violation of this section shall be punishable by a fine in the amount of $1,000.

§1624. Retroactive application

The provisions of this Act, except as provided in Section 1607(c) of this Act, 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 the provisions of this Act previously licensed pursuant to Title 30, Section 2905 of the Delaware Code within twenty days after the effective date of this Act if

such business has more than ninety days remaining on its then existing license.

§1625. Inspections

The premises at which the business of a massage establishment is carried on shall be suject to periodic inspection by the State Board of Health upon reasonable notice to said establishment for the prevention of the spread of communicable diseases.

§1626. Rules and regulations

The Commission shall have the power to make such rules and regulations not inconsistent with the law as are necessary for the performance of its duties.

§1627. Offenses

Unless otherwise provided, all violations of this Act are misdemeanors.

§1628. Jurisdiction

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

§1629. 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.

Section 2. The provisions of this Act shall become effective ninety days after all members of the Commission on Massage Establishments and Adult Book Stores have been appointed by the Governor and confirmed by the Senate.

Approved July 8, 1977