2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1610. License tied to physical location; prohibited activities.

§ 1610. License tied to physical location; prohibited activities.
(a) No license issued under this chapter shall authorize the licensee to engage in or carry on the business of operating an adult entertainment establishment or adult-oriented retail establishment in any place other than the premises set forth in said license. In addition, each applicant or licensee seeking a license or renewal must affirmatively establish within their application that the location or proposed location of the place of business is in compliance with all applicable laws and ordinances. If a licensee changes the location of the licensee's place of business during the period for which the license was issued, the license shall be amended by making application in accordance with this chapter in making a new application, to authorize business at the new location, provided that said business is otherwise permitted at the new location by applicable law and ordinance.
(b) Any person, and in the case of a corporation this shall include its principal stockholders, board of directors, officers and persons engaged in the management of such establishment, who is the holder of a license issued under this chapter and who engages in, carries on or participates in the operation of the business of operating an adult entertainment establishment or adult-oriented retail establishment at a place other than that authorized by said license shall be fined not more than $500, or imprisoned for not more than 6 months, or both.
(c) (1) A new adult entertainment establishment may not operate in any of the following locations:
a. The same building as or in a separate building less than 1,500 feet from another adult entertainment establishment.
b. Within 500 feet of a residence, regardless of how the new adult entertainment establishment's property is zoned.
c. Within 2,800 feet of a church or school.
(2) A violation of this subsection is punishable by a fine in the amount of $5,000.
(3) Distances are to be measured from property line to property line.
(d) (1) A new adult-oriented retail establishment may not operate in any of the following locations:
a. The same building as or in a separate building less than 500 feet from another adult-oriented retail establishment.
b. Within 200 feet of a school bus stop or a residence, regardless of how the new adult-oriented retail establishment's property is zoned.
c. Within 500 feet of a church or school.
(2) Distances are to be measured from property line to property line.
(3) An adult-oriented retail establishment may not operate in a manner that allows sexually-oriented material, devices, or paraphernalia to be visible from outside of the establishment at any time, including during times any door to the business is open.
(4) A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.
(e) 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.
(f) (1) After July 23, 2019, a new adult entertainment establishment or a new adult-oriented retail establishment may not operate in a building in which an adult entertainment establishment or adult-oriented retail establishment has previously operated.
(2) A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  13;  63 Del. Laws, c. 284, §§  2, 3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 452, §  1;  77 Del. Laws, c. 168, §  9;  82 Del. Laws, c. 149, § 1;