Section 1602(17) prohibits prostitution as a "specific sexual activity." While there may be a lay perception that escort services may be a front for prostitution, such a conclusion would have to be case specific and proven by the particular facts of each such situation. The adoption of the Act by the General Assembly was intended to combat the crime of prostitution. Richardson v. Wile, Del. Supr., 535 A.2d 1346 (1988).
The difficulty of finding an "escort service" within the definition of an adult entertainment establishment however, is found in § 1610 that focuses not on the activity but on the place where the activity occurs. This section provides as follows:
§ 1610. License tied to physical location; prohibited activities.
(a) No license issued under this chapter shall authorize the licensee to engage in or carry on the business of operating an adult entertainment establishment in any place other than the premises set forth in said license.... If a licensee changes his location of his place of business during the period for which the license was issued, the license shall be amended by making application....
The license granted for an adult entertainment establishment therefore, fixes the activity in a definite place and prohibits the activity elsewhere, unless there is a new application. We believe this legislative scheme of tying the activity to a certain physical location would prevent the licensing an escort service which may or