§ 1613 Adult entertainment establishment or adult-oriented retail establishment license application.

24 DE Code § 1613 (2019) (N/A)
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(a) No license for the operation of an adult entertainment establishment or adult-oriented retail establishment shall be issued under this chapter unless the applicant has executed and filed with the Commission an application for license under oath on a form prepared by the Commission which is in compliance with this chapter.

(b) Every application for license for the operation of an adult entertainment establishment or adult-oriented retail establishment shall state the full name(s) of the applicant appearing pursuant to § 1615 of this title, including nickname(s) or alias(es), residential address(es), place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number, a photograph of the applicant taken within 30 days of the application, federal employer’s identification number and an address of the premises for which the application for license is made. Each application shall further provide the full name(s), including nickname(s) and alias(es), residential address(es), place of employment(s) including address(es) and phone number(s), date of birth, social security number and a recent photograph taken within 30 days of providing this information to the Commission of those persons employed by the adult entertainment establishment or adult-oriented retail establishment, and to specifically identify who is to be responsible for the day-to-day management of the adult entertainment establishment or adult-oriented retail establishment.

(c) Where the applicant is a corporation, no license shall be issued unless there first be filed with the Commission, as part of the application of license:

(1) A copy of the certificate of incorporation certified by the Secretary of State of the state of incorporation;

(2) Where the applicant is a foreign corporation within the meaning of § 371 of Title 8, a copy of the certificate of the Secretary of State prescribed by subsection (c) of that section;

(3) A certificate which shall bear the full name(s), including nicknames or aliases, 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 application of every director, officer and principal stockholder of the applicant; and

(4) The names and addresses of all holders of stock of the applicant as of a date 30 days or less prior to the date of application, which shall be certified as true and correct by an authorized director or officer of said corporation.

(d) Where the applicant is a partnership or other unincorporated association, no license shall be issued unless there is first filed with the Commission, as part of the application for license, a certificate which shall bear the full name(s), including nicknames or aliases, signature(s), 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 application of every partner or member.

(e) An application for license for the operation of an adult entertainment establishment shall include a certificate stating the full name(s), including nicknames or aliases, signature(s), residential address(es), place(s) of employment, including address(es) and phone number(s), date of birth, social security number, driver’s license number and a photograph taken within 30 days of application of the person or persons who shall be responsible for the selection or procurement of all sexually-oriented material for each such establishment. This subsection shall not be construed to preclude the responsibility of any other person or persons for the procurement of sexually-oriented materials.

(f) Every application for a license for the operation of an adult entertainment establishment or adult-oriented retail establishment, or for renewal thereof, shall be accompanied by a nonrefundable fee in the amount as determined by the Division of Professional Regulation.

(g) No application for a license to operate an adult entertainment establishment or adult-oriented retail establishment shall be received by the Commission within 6 months following the date upon which an application to operate an adult entertainment establishment or adult-oriented retail establishment at the same location has been denied.

61 Del. Laws, c. 122, § 1; 62 Del. Laws, c. 413, §§ 15-17; 63 Del. Laws, c. 284, § 5; 71 Del. Laws, c. 469, § 1; 77 Del. Laws, c. 168, § 12; 82 Del. Laws, c. 9, § 1.