The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Booths, stalls or partitioned portions of a room or individual rooms” shall mean:
a. Enclosures specifically offered to persons for a fee, or as an incident to performing high-risk sexual conduct; or
b. Enclosures which are part of a business operated on the premises, which offers movies or other entertainment to be viewed within such enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee.
The words “booths, stalls or partitioned portions of a room or individual rooms” shall not mean enclosures which are private offices used by an owner, manager or other person employed on the premises for attending to the tasks of such person’s employment, and which office or enclosure is not held out for use or hire to the public for the purpose of viewing movies or other entertainment for a fee, and which are not open to any persons other than employees.
(2) “Doors, curtains or portal partitions” shall mean full, complete, nontransparent closure devices constructed so that one outside cannot see or view activity taking place within the enclosure.
(3) “Hazardous site” shall mean any commercial premises, building, structure or any part thereof, which is a site of high-risk sexual conduct.
(4) “High-risk sexual conduct” shall mean:
a. Fellatio;
b. Anal intercourse; and/or
c. Vaginal intercourse with persons who engage in sexual acts for exchange of money.
(5) “Open to an adjacent public room so that the area inside is visible to persons in such adjacent room” shall mean either:
a. The absence of any door, curtain or portal partition; or
b. A door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure.
(6) “Secretary” shall mean the Secretary of the Department of Health and Social Services.
68 Del. Laws, c. 134, § 1.
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