What is an Adult-Oriented Retail Establishment?
An Adult-Oriented Retail Establishment is any commercial establishment, business or service, or portion thereof, that offers as a substantial portion of its business sexually oriented material, devices or paraphernalia but that does not allow on-site displays of sexually oriented materials or sexual activities (24 Del. C. §1602 (3)). Substantial portion means either
- 50% or more of the retail floor open to the public, or
- 50% or more of the gross receipts.
There are two types of Adult Entertainment Establishments that need a Delaware license. To ensure that you are applying for the correct license, the DELPROS online portal will ask an eligibility question. Select the type of entertainment that most closely describes your business. The law defines each type at 24 Del. C. §1602 (2). You may also view the information for the Adult Entertainment Establishment webpage to ensure you are applying for the type of license you need for your establishment.
Information on How to Apply for a License in DELPROS
All applications are submitted our online system DELPROS. We no longer accept paper applications.
PRIOR TO APPLYING
In order to apply for a license or submit a service request, you must first have a DELPROS user account. To LOG IN or CREATE a DELPROS (Delaware Professional Regulation Online Services) user account:
- Go to: https://delpros.delaware.gov/OH_HomePage.
- Click GO on the Apply/Manage a License and Service Requests tile.
- If you do not have a DELPROS user account, click the REGISTER button on the left side of page for NEW USERS.
- If you already have a DELPROS user account, enter your email address and password on the right side for EXISTING USERS and click the LOGIN button.
DELPROS allows you to save your incomplete application and return to it later to finish the process. You only have six (6) months to submit your application once you begin.
- If you do not submit your application within six months of starting it, you will be required to restart the entire online application again.
You may check the status of your application online throughout the entire application process by using the “View Application Status” feature in DELPROS on your e-License dashboard.
KNOW YOUR REQUIREMENTS AND COLLECT YOUR DOCUMENTS
- Know the requirements for the license you are pursuing.
- Request and gather all documents required to upload on the Attachments page. All information and forms are located on your profession’s webpages.
ATTACHING AND ACKNOWLEDGING DOCUMENTS
On the ATTACHMENTS page of your application, you may be instructed to:
- either “attach” or “upload” the required document(s) directly to your application. This means you will find the document(s) saved on your computer or device and upload it to your application.
- click “acknowledge.” This means you will either have to mail the documents yourself or request the “third-party” mail the document(s) directly to the Board office.
- Examples of “third-party forms” are transcripts from schools, employment verifications from a supervisor, and license verifications from another state.
- Forms requiring a supervisor signature, seal, or notary may have to be MAILED to the Board office directly UNLESS the document specifically indicates to UPLOAD the document.
The requirements for this license type are provided in the following section(s).
The person responsible for the business must also appear personally before the Commission. During that appearance, he or she will sign the Application Affidavit to attest to the truthfulness of the information provided on the application (24 Del. C. §1615). The responsible person is based on the type of business and must be one of the following:
- If the establishment is a sole proprietorship, the responsible person is the sole proprietor;
- If the establishment is a corporation, the responsible person is a director;
- If the establishment is a partnership (or other incorporated association), the responsible person is a general partner or member on behalf of the association.
In addition to submitting the application and fee in DELPROS, you must submit:
- Letter(s) of Clearance from the county to establish that the establishment complies with all applicable land use (zoning) requirements.
- Copies of all state/city business licenses, including state Division of Revenue license.
- Corporations must upload a copy of the Certificate of Incorporation certified by the Secretary of State of the state of incorporation.
- Foreign corporate owners must upload a copy of the certificate prescribed by 8 Del. C. §371 (c).
- Certificate of Individual forms must be submitted to the Commission office for ALL of the following persons:
- Person responsible for submitting application and appearing personally before the Commission
- Manager who will be responsible for the day-to-day operations of the business
- Each employee of the business. Employees must be at least 18 years of age.
- Each independent contractor
- Each person who is responsible for procuring sexually-oriented material
- If the business is a corporation, each director, officer and principal stockholder of the corporation
- If the business is a partnership or unincorporated association, each partner of the partnership or member of the unincorporated association
The following requirements apply to each Certificate of Individual:
- All forms must be signed in front of a notary and then notarized by the notary.
- All forms must be accompanied by a clear color photo, 2” x 2”, taken within 30 days of submitting the application and affixed where shown on the form. Photos must reveal front view, full face, head and shoulders. The face must not be concealed by a hat, hood, dark glasses or other apparel.
- All forms must be accompanied by a copy of the person’s Social Security Number (SSN) card and driver’s license.
- A State of Delaware and Federal Bureau of Investigation criminal background check (CBC). Follow the instructions on the Criminal History Record Check Authorization form to arrange to be fingerprinted. Submit both the form and payment to the State Bureau of Identification (SBI). Do not send these forms to the Board office.
- Allow at least four weeks for the SBI to send criminal history records to the Board office.
- A new criminal background check is required even if the person recently had a criminal background check done for some other reason.
You are required to notify the Commission office in writing, emails preferred, within ten days of any change in the persons listed above. For example, a report is required if the manager responsible for day-to-day operations leaves the business or if an employee quits.
If the change involves a person who has not previously submitted a Certificate of Individual form, submit a Certificate of Individual form completed and signed by the person.