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 Back | 145th General Assembly
Senate Bill # 179 |
| Primary Sponsor: | Sokola | Additional Sponsor(s): Rep. Kowalko |
| CoSponsors: | Sens. Bonini, Bushweller, Connor, Katz; Reps. Atkins, Bennett, Lee, Thornburg, Hudson |
| Introduced on : | 06/29/2009 | |
| Long Title: | AN ACT TO AMEND CHAPTER 16 OF TITLE 24 OF THE DELAWARE CODE RELATING TO ADULT ENTERTAINMENT. |
| Synopsis: | This bill implements the recommendations of the Joint Sunset Committee’s review regarding the Commission of Adult Entertainment Establishments. This bill:
Clarifies the intent of the General Assembly to include 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;
Defines “Adult oriented retail establishment" as 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;
Provides that no new adult oriented retail establishment shall operate in the same building or in separate buildings less than 500 feet from each other, within 200 feet of any school bus stop or any residence regardless of how such property is zoned, or within 500 feet from a church or school;
No adult oriented retail establishment shall 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. Violations of this subsection shall be punishable by a fine in an amount not to exceed $5,000;
Removes reference to initial appointment of Commission members;
Removes all reference to massage and massagists, as these are regulated under Chapter 53 of Title 24;
Pursuant to the Act, unlicensed adult entertainment establishments are declared to be a nuisance and subject to abatement proceedings under the Delaware Drug Nuisance and Social Vices Abatement Act; and
Provides 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.
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| Voting Reports: |
Senate vote: () Passed 6/29/2009 4:36:13 PM------->
House vote: () Passed 7/1/2009 12:14:52 AM-------> |
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Actions History:
| Jul 16, 2009 - Signed by Governor
Jul 01, 2009 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jul 01, 2009 - Necessary rules are suspended in House
Jun 30, 2009 - Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
Jun 29, 2009 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 0 ABSENT 1 VACANT
Jun 29, 2009 - Necessary rules are suspended in Senate
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