CHAPTER 270

FORMERLY

SENATE BILL NO. 660

AN ACT TO AMEND CHAPTER 16, TITLE 24 OF THE DELAWARE CODE RELATING TO ADULT BOOKSTORES.

WHEREAS adult bookstores are purveyors of sexually oriented material which endangers the health, safety and welfare of minors within the State of Delaware; and

WHEREAS the General Assembly believes that the protection of such minors from this material as well as from the crimes which are related to its sale; and

WHEREAS shopping areas containing four or more retail establishments tend to have a clientele which consists in large part of family shoppers including teenagers and small children; and

WHEREAS the General Assembly finds inappropriate the establishment of adult bookstores in such shopping locations.

NOW, THEREFORE:

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

Section 1. Amend Chapter 16, Title 24 of the Delaware Code by renumbering Sections 1625, 1626, and 1627 as Sections 1626, 1627, and 1828 respectively.

Section 2. Amend Chapter 18, Title 24 of the Delaware Code by adding thereto a new Section 1625 to read as follows:

"§1625. Prohibition of adult bookstores in certain location.

No adult bookstore shall be established on any premises located in a shopping area containing one or more parcels of land owned by a common owner or owners and having in such area four or more retail stores."

Section 3. The provisions of Section 2 of this Act shall apply to all adult bookstores which have not received final approval for occupancy of a building required by any law, regulation or ordinance of any county, municipal corporation, or other political subdivision of this State prior to the effective date of this Act.

Section 4. If any provisions of this Act or application thereto to any person, thing, or circumstance is held invalid, then such invalidity shall not affect the provisions of applications of this Act than can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are declared to be severable.

Approved June 25, 1980