2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1617. Grounds for refusal to issue a license; suspension; revocation.

§ 1617. Grounds for refusal to issue a license; suspension; revocation.
(a) The Commission shall refuse to issue a license to any applicant, and shall revoke any license for the operation of an adult entertainment establishment or adult-oriented retail establishment, for any of the following reasons:
(1) An intentional misrepresentation or omission of any material fact required to be filed pursuant to this chapter;
(2) A transfer of a license in violation of § 1608(a) or § 1610(a) of this title; or the failure to comply with § 1622 or § 1623 of this title;
(3) A conviction for any of the following offenses, which are deemed to be substantially related to the operation of adult bookstores and adult entertainment establishments:
lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction;
(4) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee or of a partner associated with the licensee for any of the following offenses, including conspiracy to commit any of the following offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments:
lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction, occurring on the licensed premises; or
(5) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee, or of a partner associated with the licensee, for any of the following offenses, including conspiracy to commit any of the following offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments:
lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other jurisdiction, not occurring on licensed premises, where said director, officer, principal stockholder, manager, procurer, employee or independent contractor, at the time of the conduct constituting the offense, was off the premises at the request or direction or pursuant to the authority of the licensee for the purpose of furthering the business of the licensee.
(b) The person or persons responsible for any intentional misrepresentation or omission of any material fact required to be filed pursuant to this chapter shall be fined $1,000, imprisoned for 30 days, or both. For the purpose of this subsection, a fact is deemed “material” when it could have affected the decision as to whether to grant or deny an application for license.
(c) The license for the operation of an adult entertainment establishment or adult-oriented retail establishment may be suspended by the Commission, for a period not to exceed 6 months, for any violation of this chapter not otherwise punishable by subsection (a) of this section, or § 1616 of this title.
(d) A waiver shall be granted, after application in a form prescribed by the Commission, of paragraphs (a)(3) through (a)(5) of this section if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Commission determines that granting a waiver would not create an unreasonable risk to public safety.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  19;  63 Del. Laws, c. 285, §§  1, 2;  68 Del. Laws, c. 133, §§  3, 4;  68 Del. Laws, c. 158, §§  1, 2;  72 Del. Laws, c. 452, §  2;  77 Del. Laws, c. 168, §  14;  83 Del. Laws, c. 433, § 10;