SB 142 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ADULT ESTABLISHMENTS.

Summary

This Act prohibits a new adult entertainment establishment or adult-oriented retail establishment from operating in a building in which an adult entertainment establishment or adult-oriented retail establishment previously operated. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes new restrictions on adult entertainment and adult-oriented retail establishments regarding their operation locations and the visibility of materials.

• § 1610

  No A new adult entertainment establishment as defined in § 1602 of this title shall may not operate in any of the following locations: → No A new adult entertainment establishment as defined in § 1602 of this title may not operate in any of the following locations:

  The language clarifies that new adult entertainment establishments are prohibited from operating in specified locations.

• § 1610

  within Within 500 feet of any residence a residence, regardless of how such the new adult entertainment establishment’s property is zoned, zoned. → within Within 500 feet of any residence, regardless of how such the new adult entertainment establishment’s property is zoned.

  The wording has been adjusted for clarity regarding the distance from residential areas.

• § 1610

  and school. → from of a church or school.

  Addresses the phrasing related to distance from churches and schools.

• § 1610

  Violations A violation of this subsection shall be is punishable by a fine in the amount of $5,000. → A violation of this subsection is punishable by a fine in the amount of $5,000.

  The language has been simplified to specify the penalty for violations.

• § 1610

  Distancing shall are to be measured from property line to property line. → Distances shall are to be measured from property line to property line.

  Corrects the grammatical structure relating to how distances are measured.

• § 1610

  No A new adult-oriented retail establishment shall operate in may not operate in any of the following locations: → No A new adult-oriented retail establishment may not operate in any of the following locations:

  Clarifies the prohibition on new adult-oriented retail establishments with improved language.

• § 1610

  within Within 200 feet of any a school bus stop or any residence a residence, regardless of how such the new adult-oriented retail establishment’s property is zoned, zoned. → within Within 200 feet of any school bus stop or any residence, regardless of how such the new adult-oriented retail establishment’s property is zoned.

  Clarifies the restrictions related to school bus stops and residences.

• § 1610

  and school. → from of a church or school.

  Improves the phrasing regarding restrictions near churches and schools.

• § 1610

  Violations A violation of this subsection shall be is punishable by a fine in an amount not to exceed $5,000. → A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.

  Simplifies the language of the penalty for violations.

• § 1610

  No An adult-oriented retail establishment shall 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. → 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.

  Clarifies that adult-oriented retail establishments cannot allow sexually-oriented materials to be visible outside.

• § 1610

  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. → 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.

  Reiterates the prohibition on local laws being less restrictive than state law, maintaining current standards.

• § 1610

  After [the effective date of this Act], 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. → After [the effective date of this Act], 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.

  Introduces a new prohibition on operations in buildings previously used for adult establishments.

Action History

1. July 23, 2019

   Signed by Governor

2. June 30, 2019

   Passed By House. Votes: 41 YES

3. June 19, 2019

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 On Its Merits

4. June 13, 2019

   Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

5. June 12, 2019

   Passed By Senate. Votes: 21 YES

6. June 12, 2019

   Reported Out of Committee (Sunset) in Senate with 4 On Its Merits

7. June 10, 2019

   Introduced and Assigned to Sunset Committee in Senate

Sponsors

• Kendra Johnson · Primary
• David B. McBride · Primary

Votes

Subjects