CHAPTER 452

FORMERLY

SENATE BILL NO. 423

AN ACT TO AMEND TITLES 22 AND 24 OF THE DELAWARE CODE RELATING TO ADULT ENTERTAINMENT ESTABLISHMENTS.

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 §1610, Title 24, Delaware Code by deleting subsection (c) in its entirety and by substituting in lieu thereof the following new subsections (c) and (d):

“(c) No new adult entertainment establishment as defined in §1602 of this Title shall operate in the same building or in separate buildings less than 1,500 feet from each other, within 500 feet of any residence regardless of how such property is zoned, or within 2,800 feet from a church or school. Violations of this subsection shall be punishable by a fine in the amount of $5,000. Distances shall be measured from property line to property line.

(d) Notwithstanding any provision of law to the contrary, no municipal corporation or county may adopt any ordinance or charter amendment with distance restrictions less than those provided in this section.”

Section 2. Amend Title 24, Section 1617(a), by adding in paragraphs (3), (4), and (5), after the phrase “Lewdness,”, as it appears in those paragraphs, the phrase “tax evasion,”

Section 3. Amend Title 22, Delaware Code by striking §110 of that Title in its entirety.

Approved July 18, 2000