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1986 Delaware Attorney General Reports and Opinions 1 (1986)

handle is hein.sag/sagde0026 and id is 1 raw text is: STATE OF DELAWARE
DEPARTMENT OF JUSTICE
STAT OFFICE BUILDING
CHARLES M.OaERLn.m11    820 N. FRENCH STRE, STl FLO9R   DIRECT DiAu  571-2508
ATTORE% GENERAL         WILMINGTON, DELAWARE 19801
January 29, 1986
Commissioner Jules Belford
Commission on Adult Entertainment
Establishments
Margaret M. O'Neill Building
Dover, DE 19901
Re: Licensure of Video Stores Under 24 Del. C. c. 16
Opinion No. 86-1001
Dear Commissioner Belford:
You have asked whether video stores which rent or sell
X-rated video cassettes must be licensed under 24 Del. C. c. 16
as adult entertainment establishments. We conclude that such
stores need not obtain licenses under this statute unless their
owners or management are likely to facilitate the crimes of
obscenity or prostitution.
This opinion is consistent with our recent opinion to you
regarding the licensure of hotels or motels which rent sexually
oriented material1 to guests. OE. Att'y Gen. 85-1019 (Oct. 28,
1985). In that opinion, we concluded that in order to meet the
constitutional requirement that time, place and manner restrictions
(such as 24 Del. C. c.16) be narrowly drawn to serve the
State's purpose by the least restrictive means possible,
As in that opinion, we use the statutory term sexually
oriented material, 24 Del. C. 51602(18), rather than the
motion picture industry's designation X-rated.

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