§ 1603 — Commission on Adult Entertainment Establishments

Delaware § 1603

• Jurisdiction: Delaware
• Title: 24
• Ch. 16: ADULT ENTERTAINMENT ESTABLISHMENTS
• Subch.: Adult Book Stores and Other Adult Entertainment Establishments

Text

(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.

Legislative History

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