24 DE Code § 1602. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 16. Adult Entertainment Establishments|Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments|§ 1602. Definitions.

§ 1602. Definitions. As used in this chapter:  (1) “Adult” shall mean a person who has attained the age of 18. (2) “Adult entertainment establishment” shall mean any commercial establishment, business or service, or portion thereof, which offers sexually-oriented material, devices, paraphernalia or specific sexual activities, services, performances or any combination thereof, or in any other form, whether printed, filmed, recorded or live. The term “adult entertainment establishment” shall include but not be limited to such activities as:  a. “Adult book stores” which 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:  1. 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; 2. Any sexually-oriented material which is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors; or 3. Any sexually-oriented material which has a substantial portion of its contents devoted to the pictorial depiction of sadism, masochism or bestiality. 4. [Repealed.] b. “Adult motion picture theatres” which shall mean an enclosed building used for presenting film presentations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities for observation by patrons therein; c. “Adult shows” or “adult peep shows” which shall include all adult shows, exhibitions, performances or presentations which contain acts or depictions of specific sexual activities; d. “Conversation parlors,” “relaxation studios,” “health salons” or “call services” which shall mean any commercial business, enterprise or service which offers or which holds itself out as offering conversations or relaxation or any other services whereby any employee, attendant or patron is involved in specific sexual activities or representations thereof. e. [Repealed.] (3) “Adult-oriented retail establishment” shall mean any commercial establishment, business or service, or portion thereof, which offers as a substantial portion of their business sexually-oriented material, devices, or paraphernalia, but does not allow on-site displays of sexually-oriented materials or sexual activities. (4) “Applicant” shall mean the person in whose name or on whose behalf a license under this chapter is requested. (5) “Beastiality” shall mean sexual activity, actual or simulated, between a human being and an animal. (6) “Commission” shall mean the Commission on Adult Entertainment Establishments. (7) “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. (8) “Licensee” shall mean the person to whom and in whose name a license is issued under this chapter. (9) “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. (10), (11) [Repealed.] (12) “Partner” shall include both a general and a limited partner. (13) “Partnership” shall include both a general and a limited partnership. (14) “Peace officer” shall include police officers, the Attorney General and the Attorney General's deputies and assistants. (15) “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. (16) “Principal stockholder” shall mean a person who owns equity securities of the licensee, whether voting or nonvoting, preferred or common, in any amount equal to or greater than 10 percent of the total amount of equity securities of the licensee issued and outstanding. (17) “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. (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) “Specific sexual activities” shall be defined as including the following sexual activities and/or the exhibition of the following anatomical areas:  a. Human genitals in the state of sexual stimulation or arousal; or b. Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or any excretory function, or representation thereof; c. The fondling or erotic touching of human genitals, pubic region, buttocks or the female breasts; or d. Less than completely opaquely covered:  1. Human genitals, pubic region; 2. Buttocks; 3. Female breasts below the top of the areola; or 4. Human male genitals in a discernable turgid state, even if completely and opaquely covered. (20) [Repealed.]61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §§  3, 4;  63 Del. Laws, c. 13, §  1;  68 Del. Laws, c. 236, §  3;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 168, §  2;