reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 15. HOTELS, RESTAURANTS AND PLACES OF ENTERTAINMENT › § 1503. Inspection of food preparation areas.

§ 1503. Inspection of food preparation areas.
The food preparation area of any hotel, restaurant, place of business, institution or business which prepares or serves food for human consumption shall be subject to a state health inspection, without advance notice. For purposes of this section, a “food preparation area” shall include any kitchen, food storage area, locker or other area where food is prepared or kept prior to being served. For purposes of this section, the term “advance notice” shall mean any form of communication of a plan or schedule for inspection by any representative of the Department of Health and Social Services, prior to the inspection.
62 Del. Laws, c. 149, §  1;  70 Del. Laws, c. 149, §  209;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1601. Purpose.

§ 1601. Purpose.
(a) It is the finding of the General Assembly that the health, safety and welfare of the people of the State are imperiled by the increasing incidence of the crimes of obscenity, prostitution and of offenses related thereto. The General Assembly finds that the foregoing crimes are principally facilitated by the widespread abuse of legitimate occupations and establishments, to wit, adult entertainment establishments. It is the further finding of the General Assembly that existing criminal penalties for the foregoing offenses have been rendered ineffective by the active concealment of the identities of the individuals who create, control and promote such businesses; by the failure of these individuals and businesses to exercise adequate control and supervision over the activities of their employees; and by the active promotion of prostitution and obscenity by these individuals and businesses for their own financial gain. It is the additional finding of the General Assembly that the health, safety and welfare of the people of the State are imperiled by the widespread operation of adult-oriented retail businesses without reasonable time, place and manner limitations on such businesses.
(b) To the end of furthering the substantial and compelling interest of the people of this State in being free of the crimes of obscenity, prostitution and its companion offenses, and in order to promote the health, safety and welfare, the General Assembly does hereby act.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  2;  77 Del. Laws, c. 168, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1603. Commission on Adult Entertainment Establishments.

§ 1603. Commission on Adult Entertainment Establishments.
(a) The Commission on Adult Entertainment Establishments is hereby established. The Commission shall consist of 5 members who shall be appointed by the Governor and who shall be residents of this State. No person shall be a member if a member of such person's immediate family is licensed by the Commission, or is an employee of a licensee of the Commission; or if a member of such person's immediate family has a material or financial interest in the providing of goods or services to a licensee of the Commission.
(b) Members shall serve for terms of 3 years. The Chairperson shall be elected annually by vote of the members. In the event that a member of the Commission for any reason cannot complete a term of office, the Governor shall appoint another person to serve for the remainder of the term.
(c) A person who has never served on the Board may be appointed to the Board 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(d) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment.
(e) Each member of the Commission shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
(f) Three members of the Commission shall constitute a quorum to conduct business. In the absence of the Chairperson, an acting Chairperson shall be designated by the quorum of Commissioners present.
(g) A member of the Commission shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Commission business until the charge is adjudicated or the matter is otherwise concluded. A Commission member may appeal any suspension or removal to the Superior Court.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  5;  67 Del. Laws, c. 368, §  8;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 320, §  1;  77 Del. Laws, c. 168, §  3;  81 Del. Laws, c. 85, § 7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1604. Duties and powers of Commission.

§ 1604. Duties and powers of Commission.
(a) The Commission shall issue, revoke and suspend licenses for operation of adult entertainment establishments, and for the operation of adult-oriented retail businesses in accordance with this chapter.
(b) The Commission shall meet regularly as determined by the Commission or within 30 days, whichever comes sooner, after receipt of a completed application for a license, and shall conduct such special meetings and hearings as shall be necessary to implement this chapter.
(c) Each member of the Commission shall have the power to administer oaths, and to compel the attendance of witnesses and the production of documents and other tangible objects material to its proceedings by the issuance of subpoenas to carry out the purposes of this chapter.
(d) No findings of fact shall be made by the Commission except upon a hearing before at least 3 members, 3 of which shall concur in said finding. All findings of fact shall be written or recorded.
(e) The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Commission as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any state agency acting in its behalf, shall compute for each separate service or activity the appropriate Commission fees for the coming year.
(f) All documents filed with the Commission and all records maintained shall become public, official and business records of the State and shall be admissible in evidence in any judicial proceeding in this State in accordance with the laws of Delaware applicable to the admissibility of such records.
(g) The Commission shall have the power to make such rules and regulations not inconsistent with the law as are necessary for their performance of its duties.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  6;  77 Del. Laws, c. 168, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1605. Records.

§ 1605. Records.
(a) The Commission shall maintain separate indexes relating to the licensing of adult entertainment establishments and adult-oriented retail businesses.
(b) The Commission shall maintain an alphabetized or a computerized index containing the full name or names, including nicknames or aliases, residential address or addresses, business address or addresses, social security number, driver's license number, a picture and the identity of any banks within or without the State wherein accounts are maintained, of every applicant and licensee under this chapter. The same information shall be provided for any other person whose signature appears upon any document comprising an application for license submitted under this chapter. Said index shall be kept current and shall indicate the eligibility of such persons as licensees under this chapter, and whether the signatures of such persons on an application for license preclude the issuance of a license based thereon.
(c) In carrying out its responsibilities, the Commission may submit names of applicants and those appearing in applications to the Department of Justice, State Police or Department of Homeland Security for the purpose of a record check.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  7;  77 Del. Laws, c. 168, §  5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1606. Adult entertainment license requirement.

§ 1606. Adult entertainment license requirement.
(a) No person shall engage in, carry on or participate in the operation of an adult entertainment establishment or adult-oriented retail business without first having been issued a license therefor by the Commission. Any adult entertainment establishment being operated without a license therefore is hereby declared to be a nuisance for purposes of Chapter 71 of Title 10.
(b) Whoever engages in the operation of an adult-oriented retail business in violation of this section shall be fined not more than $500 or imprisoned not more than 6 months, or both.
(c) Any person, and in the case of corporation this shall include its principal stockholders, board of directors, officers and persons engaged in the management of such establishment, who shall engage in, carry on or participate in the operation of an adult entertainment establishment in violation of this section shall be fined not more than $10,000 and imprisoned not more than 6 months, or both.
(d) A certificate, certified by a member of the Commission, that a diligent search of the Commission's records, those pertaining to licenses kept in conformity with this chapter, has failed to disclose the existence of a valid license for an adult entertainment establishment or adult-oriented retail establishment in question shall be prima facie evidence of a violation of this section.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §§  8-10;  77 Del. Laws, c. 168, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1607. License fee; term.

§ 1607. License fee; term.
(a) No license for the operation of an adult-oriented retail business under this chapter, or renewal thereof, shall be issued unless the applicant shall have paid the nonrefundable application fee as provided in § 1613 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 nonrefundable application fee as provided in § 1613 of this title.
(c) Nothing in this chapter, however, shall be construed to affect or impair in any manner the requirements of Title 30.
(d) Each license granted pursuant to this chapter shall be for a period of 1 year and may only be renewed by making a new application in the manner provided in this chapter.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  11;  63 Del. Laws, c. 284, §  1;  77 Del. Laws, c. 168, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1608. Transferability of license.

§ 1608. Transferability of license.
(a) Each license issued under this chapter shall be for the sole use and benefit of the licensee to whom it is issued and shall not be transferable.
(b) Whoever intentionally uses or permits the use, or attempts to use or permit the use of a license issued under this chapter by or on behalf of a person other than the licensee to whom said license shall be issued shall be fined not more than $500, or imprisoned for not more than 6 months, or both.
61 Del. Laws, c. 122, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1609. Form and content of license.

§ 1609. Form and content of license.
(a) Every license issued under this chapter shall be signed by the signature or by the facsimile signature of the Chairperson of the Commission, shall bear in bold letters the date of issuance and termination and shall state the name and address of the licensee.
(b) Every license for the operation of an adult entertainment establishment shall describe the nature of the business or enterprise as appropriate within the meaning of § 1602(2) of this title, and the location of the premises at which such business is authorized. Where the licensee is a corporation, the license shall state the name and address of said corporation's registered agent in this State, and the name of its registered agent at such address.
(c) Every license for the operation of an adult-oriented retail establishment shall describe the location of the premises at which such business is authorized. Where the licensee is a corporation, the license shall state the name and address of said corporation's registered agent in this State, and the name of its registered agent at such address.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  12;  77 Del. Laws, c. 168, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1612. Massagist license application.

§ 1612. Massagist license application.
Repealed by 77 Del. Laws, c. 168, § 11, effective July 16, 2009.
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1614. Form of signature.

§ 1614. Form of signature.
No signature of an applicant or licensee, or of any director, officer, principal stockholder or employee of an applicant or licensee, or of any partner associated with an applicant or licensee, which is required to be affixed to any document filed under this chapter, shall be a facsimile signature.
61 Del. Laws, c. 122, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1615. Personal appearance required.

§ 1615. Personal appearance required.
(a) No license shall be issued under this chapter except upon personal appearance of the applicant before a member of the Commission. The applicant shall affix the applicant's signature and Social Security number to the application for license in said member's presence and shall acknowledge under oath that said application for license is the applicant's act and deed and that the facts stated therein are true.
(b) Where the applicant is a corporation, subsection (a) of this section shall be satisfied by the appearance, signature and Social Security number of a director on behalf of the corporation in the same manner. Where the applicant is a partnership or other unincorporated association, subsection (a) of this section shall be satisfied by the appearance, signature and Social Security number of a general partner or member on behalf of the applicant.
61 Del. Laws, c. 122, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1616. Grounds for denial of license.

§ 1616. Grounds for denial of license.
The Commission after a hearing shall issue a license for the operation of an adult entertainment establishment or adult-oriented retail establishment for every applicant who shall have satisfactorily completed and filed an application for license as required by this chapter and shall have paid the required fee, provided that the Commission may refuse to license an applicant if the Commission has substantial evidence that would reasonably support a belief that a substantial objection to the granting of the license has been presented by the community within which the license is to operate, or that the granting of such license is otherwise not in the public interest. For the purposes of this subsection, the term “substantial objection” shall include:
(1) Any objection, or group of objections, presented to the Commission either individually or as a group, by persons who reside within the election district where the license is to operate and all contiguous election districts, sufficient to give the Commission reason to believe that a majority of the residents of the community within which the license is to operate oppose the issuance of the license; or
(2) Any objection, or group of objections, presented to the Commission either individually or as a group, the content of which gives the Commission reason to believe the quality of life of the community within which the license is to operate will be adversely affected by the granting of the license.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  18;  77 Del. Laws, c. 168, §  13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1618. Suspension of license to operate massage establishment or act as massagist; regulations imposing sanctions.

§ 1618. Suspension of license to operate massage establishment or act as massagist; regulations imposing sanctions.
Repealed by 77 Del. Laws, c. 168, § 15, effective July 16, 2009.
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1619. Hearings.

§ 1619. Hearings.
(a) The Commission shall not suspend or revoke any license under this chapter except after a hearing where the licensee has been given at least 20 days' notice in writing, specifying the reason or reasons for such suspension or revocation and a date of the hearing.
(b) Any hearing pursuant to this section shall be at such time and place as the Commission shall prescribe, but no later than 20 days after the Commission is in receipt of a completed application or 20 days after a licensee has received notice of a proposed suspension or revocation action. Failure of the person or persons to appear after receiving notice shall constitute a waiver of the right to appear in such hearing.
(c) Hearings shall be before a panel of no less than 3 Commissioners and the applicant or licensee shall be permitted the assistance of counsel at the applicant's or licensee's own expense, to present witnesses in the applicant's or licensee's own behalf and to cross-examine witnesses against the applicant or licensee. The proceedings shall be recorded either electronically or stenographically. The Commission shall make specific findings of fact based upon a preponderance of the evidence upon the concurring vote of no fewer than 3 Commissioners. The Commission shall give written notice, accompanied by its findings of fact and conclusions of law, of its action within 10 days of said hearing.
(d) The applicant or licensee shall have the right of appeal to the Superior Court upon filing notice of appeal within 20 days of the decision of the Commission. Such review shall be on the record and shall not be de novo, and the cost of transportation shall be borne by the appellant.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  20;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 168, §  16;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1620. Criminal background checks of applicants and employees.

§ 1620. Criminal background checks of applicants and employees.
An applicant for licensure as an adult entertainment establishment or adult-oriented retail establishment and all persons employed by the adult entertainment establishment or adult-oriented retail establishment shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
(1) A report of the individual's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
(2) A report of the individual's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Commission on Adult Entertainment Establishments shall be the screening point for the receipt of said federal criminal history records.
78 Del. Laws, c. 44, §  80;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1621. Records; inspection of records.

§ 1621. Records; inspection of records.
(a) Every adult entertainment establishment which is licensed under this chapter shall maintain on the premises a record which shall state the name and address of every person, distributor, wholesaler or publisher from whom said establishment has received any sexually-oriented material, and the date such material was received, for purposes of sale, exhibition or dissemination on the premises after the effective date of this chapter.
(b) All records which are required to be maintained pursuant to this section shall be subject to inspection on demand by any peace officer or by the Commission or any member thereof.
(c) Violation of this section shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or both.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  21;  77 Del. Laws, c. 168, §  18;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1622. Change of management of adult entertainment establishment or adult-oriented retail establishment.

§ 1622. Change of management of adult entertainment establishment or adult-oriented retail establishment.
(a) An adult entertainment establishment or adult-oriented retail establishment shall notify the Commission in writing within 10 days of any change, containing the full name(s), including nicknames or aliases, residential address(es), place(s) of employment, including address(es) and phone number(s), Social Security number, date of birth, driver's license number and a photograph taken within 30 days of notification, of any change in the identity of the persons identified pursuant to § 1613(b) and (e) of this title.
(b) A violation of this section shall be punishable by a fine in the amount of $1,000.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 413, §  22;  77 Del. Laws, c. 168, §  19;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1623. Applicability of chapter.

§ 1623. Applicability of chapter.
This chapter shall apply with equal force and effect to businesses and enterprises in existence prior to the effective date of this chapter and to those undertaken thereafter. The information required of all applicants hereunder shall be supplied to the Commission by any business subject to this chapter previously licensed pursuant to § 2905 of Title 30 within 20 days after the effective date of this chapter if such business has more than 90 days remaining on its then existing license.
61 Del. Laws, c. 122, §  1;  77 Del. Laws, c. 168, §  20;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1624. Inspections of massage establishments.

§ 1624. Inspections of massage establishments.
Repealed by 77 Del. Laws, c. 168, § 21, effective July 16, 2009.
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1625. Rules and prohibitions relating to adult entertainment establishments.

§ 1625. Rules and prohibitions relating to adult entertainment establishments.
(a) No adult entertainment establishment shall be established in a shopping area containing 1 or more parcels of land owned by a common owner or owners and having in such area 4 or more retail stores.
(b) No adult entertainment establishment shall open to do business before 10:
00 a.m., Monday through Saturday; and no adult entertainment establishment shall remain open after 10:
00 p.m., Monday through Saturday. No adult entertainment establishment shall be open for business on any Sunday or a legal holiday as designated in § 501 of Title 1. This subsection shall not apply to any business which, on or before January 1, 1997, was regulated under both this chapter and Title 4, and which is not an adult book store, conversation parlor or adult motion picture theater as the same are defined in this chapter.
62 Del. Laws, c. 270, §  2;  63 Del. Laws, c. 69, §  1;  68 Del. Laws, c. 133, §§  1, 2;  69 Del. Laws, c. 19, §  1;  71 Del. Laws, c. 160, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1626. Offenses.

§ 1626. Offenses.
Unless otherwise provided, all violations of this chapter are misdemeanors.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 270, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1627. Jurisdiction.

§ 1627. Jurisdiction.
Exclusive jurisdiction for all criminal violations of this chapter shall be in the Superior Court.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 270, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1628. Words of gender or number.

§ 1628. Words of gender or number.
Unless the context otherwise requires, words denoting the singular number may, and where necessary, shall be construed as denoting the plural number, and words denoting the plural number may, and where necessary, shall be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary, shall be construed as denoting the feminine gender or the neuter gender.
61 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 270, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter I. Adult Book Stores and Other Adult Entertainment Establishments › § 1629. Presence of minors prohibited; penalties.

§ 1629. Presence of minors prohibited; penalties.
(a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of 18 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 18 years of age or older.
63 Del. Laws, c. 284, §  6;  77 Del. Laws, c. 168, §  22;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter II. Adult Entertainment Establishments; Public Nuisances › § 1631. Statement of purpose; findings.

§ 1631. Statement of purpose; findings.
(a) It is hereby found that there are certain commercial premises, buildings, structures or parts thereof which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease to persons frequenting such premises, buildings and structures; and also to the public health, safety and welfare. The General Assembly declares that the health, safety and welfare of all persons in this State should be protected through the application and enforcement of standards regulating such premises, buildings and structures, in order to eliminate the possibility of the spread of, or infection by, communicable diseases.
(b) The sexually transmittable disease of Acquired Immune Deficiency Syndrome, currently found to be irreversible and uniformly fatal, is found to be of particular danger to persons who frequent adult entertainment establishments or other premises, when they are in violation of state law. A high incidence of this and other communicable diseases is found to occur in discernable population groups. The risk factors for obtaining or spreading A.I.D.S. are associated with high-risk sexual conduct. The commercial premises, buildings and structures where persons might place themselves at risk of infection from this disease, or from any other communicable disease facilitated by high-risk sexual conduct, should as public policy be regulated and standards for the prevention of the spread of these communicable diseases should be established for the protection of the public health, safety and welfare.
68 Del. Laws, c. 134, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter II. Adult Entertainment Establishments; Public Nuisances › § 1632. Definitions.

§ 1632. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Booths, stalls or partitioned portions of a room or individual rooms” shall mean:
a. Enclosures specifically offered to persons for a fee, or as an incident to performing high-risk sexual conduct; or
b. Enclosures which are part of a business operated on the premises, which offers movies or other entertainment to be viewed within such enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee.
The words “booths, stalls or partitioned portions of a room or individual rooms” shall not mean enclosures which are private offices used by an owner, manager or other person employed on the premises for attending to the tasks of such person's employment, and which office or enclosure is not held out for use or hire to the public for the purpose of viewing movies or other entertainment for a fee, and which are not open to any persons other than employees.
(2) “Doors, curtains or portal partitions” shall mean full, complete, nontransparent closure devices constructed so that one outside cannot see or view activity taking place within the enclosure.
(3) “Hazardous site” shall mean any commercial premises, building, structure or any part thereof, which is a site of high-risk sexual conduct.
(4) “High-risk sexual conduct” shall mean:
a. Fellatio;
b. Anal intercourse; and/or
c. Vaginal intercourse with persons who engage in sexual acts for exchange of money.
(5) “Open to an adjacent public room so that the area inside is visible to persons in such adjacent room” shall mean either:
a. The absence of any door, curtain or portal partition; or
b. A door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure.
(6) “Secretary” shall mean the Secretary of the Department of Health and Social Services.
68 Del. Laws, c. 134, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter II. Adult Entertainment Establishments; Public Nuisances › § 1633. Building standards.

§ 1633. Building standards.
(a) No commercial building, structure, premises, part thereof or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct.
(b) No person shall own, operate, manage, rent, lease or exercise control over any commercial building, structure, premises or portion or part thereof, which contains:
(1) Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition; or
(2) Booths, stalls, or partitioned portions of a room or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in adjacent public rooms. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
(c) The standards set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.
68 Del. Laws, c. 134, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter II. Adult Entertainment Establishments; Public Nuisances › § 1634. Department of Health and Social Services.

§ 1634. Department of Health and Social Services.
(a) The Department of Health and Social Services shall administer this subchapter and may adopt rules and regulations to facilitate its administration of this subchapter. In exercising the powers conferred by this or any other section of the Delaware Code or of this chapter relating to sexually related communicable diseases, the Department shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services as the same relate to the spread of infectious diseases. Any rules or regulations which are adopted by the Department which relate to controlling the spread of sexually related communicable diseases shall also apply in the exercising of its powers authorized under this subchapter.
(b) In order to ascertain the source of certain infections, and reduce the spread of infection, the Secretary and all persons so authorized by the Secretary shall have full power and authority to inspect or cause to be inspected, and to issue orders regarding any commercial building, structure, premises or any part thereof, which may be a site of high-risk sexual conduct. If the Secretary determines that a hazardous site exists, the Secretary may:
(1) Notify the management, owner or tenant of the premises that the Secretary has reasonable belief that such premises, building or structure is a hazardous site; and
(2) Issue warnings to the management, owner or tenant of the premises to remedy those items cited or listed by the Secretary's notice; and
(3) Once such notice and warnings have been issued, the Secretary, or any person designated by the Secretary, shall have the right to proceed in accordance with § 1635 of this title.
68 Del. Laws, c. 134, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 16. ADULT ENTERTAINMENT ESTABLISHMENTS › Subchapter II. Adult Entertainment Establishments; Public Nuisances › § 1635. Closure of certain public nuisances.

§ 1635. Closure of certain public nuisances.
(a) After the Secretary has issued the notice and warning described in § 1634 of this title, the management, owner or tenant shall have 10 days to request a hearing before the Secretary or a hearing officer appointed by the Secretary, for a final determination as to whether or not the site is a hazardous site. If the management, owner or tenant of the premises does not, within 10 days of the notice, request a hearing, the Secretary shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. The Secretary shall then issue an order to the management, owner or tenant of such premises to take measures to bring the premises into compliance with § 1633 of this title.
(b) If the management, owner or tenant of the premises requests a hearing, the hearing shall be held before the Secretary or a hearing officer approved by the Secretary at a date not more than 30 days after such request for a hearing. After considering all evidence, the Secretary or the hearing officer, as the case may be, shall make a determination as to whether or not the premises constitute a hazardous site. If the Secretary or hearing officer makes a determination that the premises constitute a hazardous site, the Secretary shall then issue an order and cause the premises, building or structure to be posted with a warning advising the public that the premises have been declared a hazardous site.
(c) If, after 30 days from issuance of the Secretary's order to the management, owner or tenant of the hazardous site, the Secretary determines that the measures to bring the premises into compliance, and to prevent high-risk sexual conduct have not been undertaken, the Secretary may declare the site to be a public nuisance, and:
(1) Order the abatement of the hazardous site as a public nuisance, which order shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction; and/or
(2) May secure a court order for the closure of the premises constituting a hazardous site until the premises, building or structure is in compliance with the standards set forth in § 1633 of this title; or
(3) May, in compliance, with § 310 of Title 16, take such steps as are set forth therein for the abatement of a nuisance.
(d) The management, owner or tenant may, within 30 days of the Secretary's order, apply to the Superior Court for a civil trial de novo of any finding or findings made by the Secretary or hearing officer, and of any charges brought against said management, owner or tenant.
68 Del. Laws, c. 134, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter I. General Provisions › § 1701. Statement of purpose.

§ 1701. Statement of purpose.
Recognizing that the practice of medicine and the practices of certain other healthcare professions are privileges and not natural rights, it is hereby considered a matter of policy in the interests of public health, safety, and welfare to provide laws covering the granting of those privileges and their subsequent use and control, and to provide regulations to the end that the public health, safety, and welfare are promoted and that the public is properly protected from the unprofessional, improper, unauthorized, or unqualified practice of medicine and practice of certain other healthcare professions and from unprofessional conduct by persons authorized to practice medicine or to practice certain other healthcare professions.
60 Del. Laws, c. 462, §  1;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter I. General Provisions › § 1704. State requirement for services of a physician or surgeon.

§ 1704. State requirement for services of a physician or surgeon.
If a law, rule, or regulation of this State requires the services or qualifications of a physician or surgeon, the requirement may be met only by a person registered and certified to practice medicine under this chapter.
60 Del. Laws, c. 462, §  1;  62 Del. Laws, c. 417, §  1;  75 Del. Laws, c. 141, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter I. General Provisions › § 1705. Accreditation of facilities where office-based surgeries are performed.

§ 1705. Accreditation of facilities where office-based surgeries are performed.
No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, “facility” and “office-based surgery” mean as defined in § 122(3)y. of Title 16.
78 Del. Laws, c. 80, §  3;  81 Del. Laws, c. 417, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter II. The Board of Medical Licensure and Discipline › § 1711. Organization.

§ 1711. Organization.
(a) The Board annually shall elect from among its members a president, a vice-president, and a secretary, and such other officers as it considers necessary, 2 of whom may be the same person.
(b) The Board may, with the concurrence of the Director of the Division, set job duties for the Board's Executive Director and other necessary staff. The Executive Director may not be a Board member. The Executive Director and other necessary staff are employees of the Division.
(c) The Board, with the approval of the Division, shall establish and maintain an office within this State.
(d) The Board shall meet at least 8 times a year at a public place and at a time as the Board determines, subject to guidelines established or approved by the Division of Professional Regulation.
(e) Unless otherwise provided in this chapter, meetings of the Board are open to the public and may be closed to the public only in accordance with the provisions contained in § 10004 of Title 29.
60 Del. Laws, c. 462, §  1;  60 Del. Laws, c. 686, §  1;  67 Del. Laws, c. 226, §  5;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter II. The Board of Medical Licensure and Discipline › § 1712. Quorum.

§ 1712. Quorum.
(a) A quorum for the transaction of business consists of 9 members of the Board entitled to vote. An affirmative vote of at least 5 members of the quorum is required to take any action that the Board has the power to take, unless otherwise expressly provided in this chapter, including the express provisions in subsection (b) of this section.
(b) An affirmative vote of at least 7 members of the Board present and voting at a meeting is required to adopt a regulation which can deprive a physician of the physician's certificate to practice medicine or subject a physician to disciplinary action.
60 Del. Laws, c. 462, §  1;  61 Del. Laws, c. 68, §  1;  67 Del. Laws, c. 226, §  6;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter II. The Board of Medical Licensure and Discipline › § 1714. Fees.

§ 1714. Fees.
The amount of a fee imposed under this chapter by the Division of Professional Regulation must approximate and reasonably reflect the reasonable projected costs of services or activities provided by the Board, as well as the proportional expenses incurred by the Division for services or activities provided on behalf of the Board. A separate fee may be charged for each service or activity, but a fee may not be charged for a purpose not specified in this chapter. The application fee for a certificate to practice medicine, or for a certificate, license, or other authorizing document to practice any other profession or occupation regulated by this chapter, may not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or another State agency acting in its behalf, shall compute and set the fee for each separate service or activity that the Board or the Division expects to provide during that licensure biennium.
60 Del. Laws, c. 462, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 102, §  2;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter II. The Board of Medical Licensure and Discipline › § 1715. Records.

§ 1715. Records.
The Division of Professional Regulation shall keep a register of all approved applications for certificates to practice medicine, approved applications for authorization to practice any profession or occupation regulated under this chapter, for registrations and renewal of registrations of certificates to practice medicine, for licenses and renewals of licenses to practice as physician assistants, for licenses and renewals of licenses to practice respiratory therapy, and for all other certificates, licenses, registrations, or other authorizing documents to practice any profession or occupation regulated under this chapter and their renewals, granted by the Board. In addition, the Director shall maintain complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings, and such other documents as the Board determines. Records of Board proceedings kept by the Division are prima facie evidence of the proceedings of the Board. An applicant, certificate holder, registrant, or licensee must notify the Division of Professional Regulation of a change in his or her address or in any other information on his or her application, registration, or renewal form within 15 days of the change.
71 Del. Laws, c. 102, §  3;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  2;