CHAPTER 284

FORMERLY

SENATE BILL NO. 402

AN ACT TO AMEND CHAPTER 16, TITLE 24 OF THE DELAWARE CODE RELATING TO THE LICENSING, OPERATION AND LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS.

WHEREAS, the General Assembly finds that the cost to the State for processing applications for adult entertainment establishments ought to be defrayed by fees collected from applicants; and

WHEREAS, the General Assembly of the State of Delaware finds that the entry of minors into adult entertainment establishments is potentially deleterious to the emotional development of such minors; and

WHEREAS, the General Assembly of the State of Delaware finds that the existence of more than one adult entertainment activity at any single location tends to obstruct pedestrian and vehicular traffic, to create the potential that customers of one such activity may be harrassed into patronizing another activity, and to increase the potential that a nuisance will be created.

NOW, THEREFORE:

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

Section 1. Amend §1607, Chapter 16, Title 24 of the Delaware Code by striking subsection (a) and subsection (b); and substituting in lieu thereof the following new subsections:

"(a) No license to engage in the occupation of a massagist under this chapter, or renewal thereof, shall be issued unless the applicant shall have paid the non-refundable application fee as provided in §1612 of this Title."

(b) No license for the operation of any adult entertainment establishment under this chapter, nor renewal thereof, shall be issued unless the applicant shall have paid the non-refundable application fee as provided in §1613 of this Title.

Section 2. Amend §1610, Chapter 16, Title 24 of the Delaware Code by striking the title of said section, and substituting in lieu thereof the following:

"§1610. Restrictions on Activities of Regulated Businesses and Activities"

Section 3. Amend §1610, Chapter 16, Title 24 of the Delaware Code by adding thereto a new subsection, which new subsection shall read as follows:

"(c) No adult entertainment establishment shall operate more than one of the activities specified in §1602 (2) of this Title in the same building or in separate buildings less than 1,500 feet from each other. Violations of this section shall be punishable by a fine in the amount of $5,000."

Section 4. Amend §1612, Chapter 16, Title 24 of the Delaware Code by re-designating all of the present section as new subsection (a), and by adding thereto a new subsection, designated as subsection (b), which shall read as follows:

"(b) Every application for a license to engage in the occupation of a massagist or for renewal thereof, shall be accompanied by a non-refundable fee in the amount of $25."

Section 5. Amend §1613, Chapter 16, Title 24 of the Delaware Code by adding a thereto new subsection, designated subsection (f), which new subsection shall read as follows:

"(f) Every application for a license for the operation of an adult entertainment establishment or for renewal thereof, shall be accompanied by a non-refundable fee in the amount of $100 plus a fee of $25 for each separate branch or business location."

Section 6. Amend Chapter 16, Title 24 of the Delaware Code by adding thereto a new section, designated as §1629, which new section shall read as follows:

"§1629. Presence of Minors Prohibited.

(a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment or massage establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of eighteen years.

(b) Any person who violates this section shall be fined in the amount of $1,000 for the first conviction, and in the amount of $5,000 for each subsequent conviction.

(c) It shall be an affirmative defense to a prosecution under this section that the minor presented to the accused identification, with a photograph of such minor affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was eighteen years of age or older."

Section 7. Nothing in Section 1, Section 4 or Section 5 of this Act shall affect the refundability of such fees collected prior to the effective date of this Act.

Section 8. The provisions of Section 3 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.