SENATE BILL NO. 401
AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND CHAPTER 8, TITLE 22 OF THE DELAWARE CODE PROHIBITING ADULT ENTERTAINMENT ACTIVITIES IN CERTAIN LOCATIONS WITHIN THE CORPORATE LIMITS OF MUNICIPAL CORPORATIONS.
WHEREAS, the General Assembly of the State of Delaware finds that the existence of adult entertainment establishments in certain locations within incorporated municipalities tends to create annoyance, inconvenience, and embarrassment to the residents, churchgoers and merchants in the areas surrounding those establishments; and
WHEREAS, restrictions placed on the location of such establishments by other governmental entities are not binding on incorporated municipalities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Chapter 8, Title 22 of the Delaware Code by adding thereto a new section, designated as §837, which new section shall read as follows:
"§837. Location of Adult Entertainment Establishments Restricted.
(a) No adult entertainment establishment as defined by 24 Del. C. §1602 located within the corporate limits of a municipal corporation shall be located:
(1) Within 500 feet from any residence, or
(2) Within 1,500 feet from any other adult entertainment establishment, or
(3) Within 2,800 feet from any church or school.
(b) Notwithstanding any provision of this Chapter to the contrary, no municipal corporation may adopt any ordinance or charter amendment with distance restrictions less than those provided in this section.
Section 2. Section 1 herein shall apply to all adult entertainment establishments 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.
Approved June 24, 1982.