10 Del. Admin. Code — Charitable Gaming, Lottery, and Fantasy Sports

100 Board of Charitable Gaming

101 Regulations Governing Bingo

10 Del. Admin. Code § 101-1.0 Definitions

“Bingo” A game of chance played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers as objects similarly numbered are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a-card.

“Bingo Statute” The statutory law concerning bingo, as contained in Title 28 of the Delaware Code.

“Board” The Delaware Gaming Control Board.

“Color Coded” A different color for each of the five letters of the word "BINGO."

“Cookie Jar Bingo” A game of chance in which players pay a set fee into a cookie jar or other container and receive a number which entitles the player to a chance to win the total funds in the cookie jar or container.

“Districts” Those districts mentioned in Article II, §17A of the Delaware Constitution.

“Equipment” The receptacle and color coded numbered objects to be drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the boards or signs, however operated, used to announce or display the numbers or designations as they are drawn, public address systems, tables, chairs, and other articles essential to the operation, conduct and playing of bingo.

“Game” The game of bingo.

“Instant or sealed game” A game of chance played with sealed or covered cards which must be opened in some fashion by the holder such that the cards reveal instantly whether the holder has won a prize. This type of game includes but is not limited to games commonly known as “rip-offs” or “Nevada pull-tabs.”

“Member in Charge” A bona fide, active member of the "Qualified Organization" in charge of, and primarily responsible for the conduct of the game on each occasion.

“Occasion” A single gathering or session at which a series of successive bingo games (regular, special, or otherwise) is played, not to exceed forty (40) in number.

“Proceeds” The gross income received from all activities engaged in or on occasion when bingo is played, less only, such actual expenses incurred as are authorized in the Bingo Statute and these Rules and Regulations.

“Qualified Organization” A volunteer fire company, veterans organization, religious or charitable organization, or fraternal society that is operated in a manner so as to come within the provisions of Section 170 of the U.S. Secretary of the Treasury.

“Week” means a seven day period beginning on Sunday and ending on Saturday.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-2.0 Applications For Bingo License

2.1 Original applications shall be filed upon:

2.1.1 the first application of an organization for a license;

2.1.2 after the first application and upon a subsequent change in the organization's charter or bylaws; or

2.1.3 in the event of a subsequent application after a prior refusal, suspension, or revocation by the Board.

2.2 Supplemental applications for bingo licenses shall be filed in all instances except those covered by the original application. All promotional give-away events, as defined under Title 28 of the Delaware Code, must be listed on an applicant's application for licensure, giving the dates of the promotional give-away events. If the event is not listed on the application, no promotional give-away event can be conducted.

2.3 All original and supplemental applications shall be filed with the Secretary of the Board at least six (6) weeks prior to the date of the occasion.

2.3.1 An application must be submitted in advance of the proposed date of the function as to allow the Board to consider the application at two consecutive board meetings before deciding to approve or deny the application.

2.4 No applications (original or supplemental) shall be accepted unless the applicant, at the time of the filing, attaches a check or money order for the full amount of the fees payable by law for each occasion requested. In the event an application is refused by the Board, the application fees shall be refunded in full to the applicant. There shall be a license fee of $15 for each occasion on which bingo is conducted under a license.

2.5 No application shall be received by the Board unless it clearly shows that the applicant is located in and seeks to conduct the game in a district which has approved the licensing of bingo by referendum, and on premises owned or regularly leased by the applicant. If the applicant desires to conduct games on premises specially leased for the occasion, a separate written request therefor (together with supporting reasons) shall accompany the application. The Board reserves the right to accept or reject any application for the conduct of games on specially leased premises. Organization conducting a Function shall prepare and have available on the premises a list of all persons taking part in the management or operation of the Function. Such list shall be maintained as part of the licensees, records of the Function and shall be made available to any member or agent of the Board or law enforcement officer.

2.6 Bingo games may not be held at a facility owned by a charitable gaming vendor.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-3.0 Bingo Licenses

3.1 Upon receiving an application, the Board shall make an investigation of the merits of the application. The Board may deny an application if it concludes that approval of the application would be detrimental to existing licensees.

3.2 The Board may issue a license only after it determines that:

3.2.1 The applicant is duly qualified to conduct games under the State Constitution, statutes, and regulations.

3.2.2 The members of the applicant who intend to conduct the bingo games are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime involving moral turpitude.

3.2.3 The bingo games are to be conducted in accordance with the provisions of the State Constitution, statutes, and regulations.

3.2.4 The proceeds are to be disposed of as provided in the State Constitution and statutes.

3.2.5 No salary, compensation or reward whatever will be paid or given to any member under whom the game is conducted. If the findings and determinations of the Board are to the effect that the application is approved, the Secretary shall execute a license for the applicant.

3.3 The license shall be issued. The original thereof shall be transmitted to the applicant.

3.4 If the findings and determinations of the Board are to the effect that the application is denied, the Secretary shall so notify the applicant by certified mail of the reasons for denial, and shall refund any application fees submitted.

3.5 In the event of a request for an amendment of a license, the request shall be promptly submitted to the Board in writing, and shall contain the name of the licensee, license number, and a concise statement of the reasons for requested amendment. The Board may grant or deny the request, in its discretion, and may require supporting proof from the licensee before making any determination. The Board may require the payment of an additional license fee before granting the request. The licensee shall be notified of the Board’s action by appropriate communication, so that the licensee will not be unduly inconvenienced.

3.6 No license shall be effective for a period of more than one year from the date it was issued.

3.7 No license shall be effective after the organization to which it was granted has become ineligible to conduct bingo under any provision of Article II, §17A of the Delaware Constitution.

3.8 No license shall be effective after the voters in any District designated in Article II, §17A of the Constitution have decided against bingo in a referendum held pursuant to that section and subchapter I of the Charitable Gaming Statute.

3.9 No bingo licensee licensed prior to July 14, 1998, shall conduct more than ten (10) bingo events in any calendar month and no bingo licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998) shall conduct more than one (1) bingo event per week. A bingo licensee who was licensed prior to July,14, 1998 whose license lapses for six (6) months or more due to non-renewal or suspension or any other reason shall, upon licensing thereafter, be considered a licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998).

3.10 The license application shall contain a full and fair description of the prize and the value of the prize. In cases where the applicant or licensee purchases the prize from a third party, the applicant shall maintain a copy of the receipt and the price paid for the prize shall be listed as its value. If the prize has been donated at no cost to the organization by an entity or by an individual, the organization may use the prize only if the donor has provided proof of the full retail value of the prize, and that value is used by the organization as the value of the prize.

3.11 When bingo is conducted in conjunction with a carnival, festival, or similar event scheduled for more than one day, the game may be played up to every night of the event and shall be considered a single event for purposes of the rule allowing one event per week for those licensed after July 10, 1998 or ten events per month for those licensed before July 10, 1998.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-4.0 Conduct of Bingo

4.1 The officers of a licensee shall designate a bona fide, active member to be in charge of and primarily responsible for the conduct of the game of chance on each occasion. The member in charge shall supervise all activities on the occasions for which he or she is in charge and shall be responsible for the making of the required report thereof. The member in charge shall be familiar with the provisions of the Bingo Statute, and these rules and regulations.

4.1.1 Neither the member in charge of conducting the event, nor any other member of the sponsoring organization who is assisting in conducting the event or otherwise working at the event shall be permitted to play the bingo games.

4.2 The room where any game is being held, operated, or conducted, or where it is intended that any game shall be held, operated, or conducted, or where it is intended that any equipment be used, shall at all times be open to inspection by the appropriate law enforcement officers and agents of the District in which the premises are situated, and to the Board and its agents and employees. Bingo games shall not be commenced prior to 12:00 p.m. and the operation of a function shall be limited to six hours.

4.3 No person under the age of eighteen (18) may participate in any bingo game. Persons between the ages of 16 through 18 may conduct or assist in conducting the bingo game and persons over the age of fourteen (14) may act as waiters and waitresses in the handling of food or drinks at an occasion on which a licensee conducts bingo.

4.4 No organization licensed prior to enactment of 71 Del. Law 444 (July 14, 1998), may hold, operate, or conduct bingo more often than ten (10) days in any calendar month. No bingo licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998) shall conduct more than one bingo event per week. A bingo licensee licensed prior to the enactment of 71 Del. Laws 444 (July 14, 1998), whose license lapses for six (6) months or more due to nonrenewal or suspension or any other reason shall, upon licensing thereafter, be considered a licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998).

4.5 The Board and its duly authorized agents and employees may examine the books and records of any licensee, so far as those books and records relate to any transaction connected with the holding, operating, and conducting of the game of bingo, and may examine any manager, officer, director, agent, member, employee, or assistant of the licensee under oath in relation to the conduct of the game of bingo.

4.6 No prize in an amount or value greater than $350 shall be offered or given in any single game and the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed $3,000. The amount of the prize in each bingo game shall be announced at the start of the game. At the end of each game, there will be an announcement of the total number of winners and the amount paid to each. All winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar day as that upon which the game is played. The value of any promotional giveaways, which shall be no more than $500 per annum to be distributed at an organizational anniversary date and no more than three (3) holiday dates per year, shall not be counted towards the dollar amounts described in this section. Holiday dates means those holiday dates officially recognized by the State of Delaware as holidays. The event itself must take place within the period of seven days before the holiday or on the holiday itself. However, a licensee may offer inducements, free refreshments, and free transportation of players to and from bingo events, to attract bingo players to the bingo event, provided that the fair market value of inducements is limited to 15% of the total amount of all other prizes offered or given during the bingo event.

4.7 Two or more organizations may not hold games of bingo at the same place on the same day. Unless a bingo licensee has been licensed prior to the enactment of 71 Del. Laws 444 (July 14, 1998), only one licensed organization may hold bingo games in a licensed organization's building during any given week.

4.8 No alcoholic beverages shall be permitted in the room from the time the bingo hall opens until the conclusion of the last bingo game of the occasion.

4.9 All games shall be conducted with equipment that is owned absolutely by the licensee or that is leased for fees not in excess of those allowable under the Schedule of Rental for leasing of equipment on file with the Board. Equipment shall include bingo playing cards. If the licensee uses cards that are for more than one session of playing bingo, these cards should be identified as the property of the licensee.

4.10 All winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar day as that upon which the game is played.

4.11 When more than one player is found to be the winner on the call of the same number in the same game, the designated prize, if monetary, shall be divided as equally as possible. When the prize is not a monetary prize, a single winner may be determined in accordance with the organization's own house rules. The other players who qualified to win the game may be given a chance to win a later game or drawing with the winner of that game or drawing receiving the prize offered at that time. The value of the prize at the subsequent game or drawing shall be counted toward the maximum allowable prizes for the entire event.

4.12 The equipment used in the playing of bingo and the method of play shall be such that each card shall have an equal opportunity to be a winner. The objects drawn shall be essentially equal as to size, shape, weight, and balance, and as to all other characteristics that may control their selection, and all shall be present in the receptacle before each game is begun. All numbers shall be announced so as to be visible or audible to all players present.

4.13 The particular arrangement of numbers required to be covered in order to win the game shall be clearly described and announced to the players immediately before each game is begun.

4.14 No arrangement of numbers shall be required to be covered in order to win the game other than the following:

4.14.1 one unspecified horizontal row;

4.14.2 one unspecified vertical row;

4.14.3 one unspecified full diagonal row;

4.14.4 one unspecified row (horizontal, vertical, or diagonal);

4.14.5 Two or more of the foregoing, forming a specified arrangement;

4.14.6 The entire card;

4.14.7 Four corners;

4.14.8 Eight spaces surrounding the free space.

4.14.9 Any other configuration or shape on the card established by an organization, provided the players are informed of the shape needed to win before play commences.

4.15 Within the limits contained in Title 28 of the Delaware Code, alternate prizes may be offered depending upon the number of calls within which bingo is reached, provided the application for the bingo license and the license so specify.

4.16 Any player shall be entitled to call for a verification of all numbers drawn at the time a winner is determined, and for a verification of the objects remaining in the receptacle and not yet drawn. The verification shall be made in the immediate presence of the member designated to be in charge on the occasion, but if such member is also the announcer, then in the immediate presence of an officer of the licensee.

4.17 No licensee shall conduct more than forty (40) games on a single occasion.

4.18 Within the limits contained in Title 28 of the Delaware Code, the prizes offered may be varied depending upon the number of people who attend the occasion, provided the application for bingo license and license so specify. If a licensee avails itself of the provisions of this rule, it must announce at the beginning of each game the number of people present and the prizes to be awarded.

4.19 The entire proceeds of the games of bingo must be used solely for the promotion or achievement of the purposes of the licensee.

4.20 Any house rules adopted by the licensee that affect the conduct of the players or the awarding of prizes shall be prominently posted in at least four locations within the area where the bingo games are conducted.

4.21 The licensee shall be permitted to reserve seats within the area where the bingo games are conducted to provide for the special needs of handicapped persons, and the licensee shall ensure that the remaining seats are made available to the players on an equal basis.

4.22 A licensee may charge an admission fee to a game event in any room or area in which a game is to be conducted. The admission fee shall entitle the game player (a) to a card enabling the player to participate without additional charge in all regular games to be played under the license at the event, or (b) to free refreshments. The licensee may charge an additional fee to a game player for a single opportunity to participate in a special game to be played under license at the event.

4.23 No person shall conduct or assist in conducting any game except an active member of the organization to which the license is issued.

4.24 No item of expense shall be incurred or paid in connection with the conduct of the game except shall be incurred or paid in connection with the conduct of the game except such as are bona fide items of a reasonable amount for merchandise furnished or services rendered which are reasonably necessary for the conduct of the game.

4.25 The bingo event shall start when the balls are verified. The balls shall be verified before the cookie jar number is selected and called.

4.26 In the playing of bingo, all players shall be physically present in the room where the game is actually conducted in order to play the game or claim a prize offered.

4.27 A winner shall be determined when the preannounced pattern of squares is covered by a player on a card.

4.28 It shall be the player's responsibility to notify a volunteer including the chairperson or caller that the player has a winning bingo combination as announced.

4.29 Break Open or Game Event Bingo

4.29.1 A break open or game event bingo game shall begin when, in the presence of players attending the bingo occasion, the organization calls and posts, either manually or by use of a flashboard, a predetermined quantity of randomly selected bingo numbers from a receptacle or game is decided instantly by verification of serial number. The balls shall then be placed back into the receptacle until the next game is played on the program.

4.29.2 Sealed bingo paper sheets for a break open or game event bingo game may be sold throughout the bingo occasion. Additional bingo paper sheets for a break open or game event bingo game shall not be sold after the organization resumes calling letters and numbers when the game is played on the program

4.30 "U Pick Em" or Player Pick Games.

4.30.1 If the charitable organization offers a "U Pick Em" or Player Pick game, the requirements in this section shall apply.

4.30.1.1 A player shall select numbers between one (1) and seventy-five (75). A player shall not select more than five (5) numbers for each column. The player may allow the machine to select the numbers, if the organization has such a machine available.

4.30.1.2 Duplicate numbers shall not be played on a purchased face. If duplicate numbers appear on a face, the card shall be void.

4.30.1.3 Once selected, the numbers shall be printed/written on the card face.

4.30.1.4 The faces shall conform to the construction and randomization standards set forth in subsection 4.14.

4.30.1.5 The price of each face and the amount of numbers that will be chosen shall be listed on the bingo program.

4.30.1.6 An organization shall list all "U Pick Em" or Player Pick Games on the organization's bingo application on the addendum A form and shall include the payout amount for each game.

4.30.1.7 The numbers shall be daubed as the balls are called when the game is played as listed on the bingo program.

4.30.1.8 A player shall win if he or she is the first person to cover the numbers.

4.31 "Cookie Jar Bingo" A game of chance in which players pay a set fee into a cookie jar or other container and receive an entry which entitles the player to a chance to win the total funds in the cookie jar or container.

4.31.1 The organization conducting the bingo event may choose any amount up to $1,000 for each cookie jar. The organization shall post the amount available to be won in the cookie jar and also clearly announce to the players the amount available to be won in the cookie jar.

4.31.2 Any amounts in any cookie jar bingo games shall not be included in any prize money limitations contained in these rules.

4.31.3 The fee to play a cookie jar bingo game must be collected separately and such fee may not be included in the fee to play regular bingo games or in any other fee.

4.31.4 The fees for cookie jar bingo shall be collected at the beginning of the event and added to the jar or jars before the first number is drawn. If at the beginning of an event when players pay their fee, one jar contains the maximum (up to $1,000) and the second jar would go over the maximum if the fees are added, the fees shall be held and not placed in the second jar at that time. When the first jar is then won, the second jar shall be filled to a total of the maximum and the remaining fee moneys shall be placed in a new jar.

4.31.5 An organization may not have more than two cookie jar bingo pots at any one time. The first jar must be awarded before a third jar can be started. If two cookie jar pots each contain the maximum amount of money allowed by law, the first jar must be awarded at the same event at which the second jar reaches the allowable maximum. If the first jar has not been awarded by the final game of the night, a special final bingo game of "full card" or "black out" bingo using a separate, single card, shall be played and the jar will be won by the first person who covers all spaces on their entire card.

4.31.6 At the start of the event, a bingo number shall be drawn which shall serve as the "cookie jar number." That number shall be posted for all players to see. During the games played on that occasion, if a player achieves bingo when the cookie jar number is drawn, the player shall win the funds in the cookie jar or container. If no one achieves bingo when the cookie jar number is drawn, the funds in the jar shall not be awarded. An organization may not otherwise offer a cookie jar game and may not designate the last game of the night or any other particular game as a cookie jar game at which the funds will be awarded without a person achieving bingo when the cookie jar number is drawn.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-5.0 Conduct of Instant Or Sealed Games (Pull Tab Games)

5.1 "Pull-tab" means a single folded or banded ticket or a multi-ply card with perforated break-open tabs, the face of which is initially covered to conceal one or more numbers or symbols, where one or more of each set of tickets or cards has been designated in advance as a winner.

5.2 "Pull-tab dispensing device" means a mechanical device that dispenses paper pull-tabs and has no additional function as an amusement or gambling device. A pull-tab dispensing device may have as a component an auditory or visual enhancement to promote or provide information about a game being dispensed, provided the component does not affect the outcome of a game or display the results of a game or an individual ticket.

5.2.1 A pull-tab dispensing device is not required for the sale of instant or sealed games.

5.3 No person under the age of 18 shall be permitted to participate in any instant or sealed games.

5.4 Instant bingo or sealed games are permitted during any event sponsored by the organization that is licensed to conduct it, regardless of the day or time.

5.4.1 If Instant bingo or sealed games are played during a permitted bingo event, it must be kept separate from the bingo games conducted and it cannot be incorporated into the bingo event games. The only exception would be Break Open or Game Event Bingo games covered under subsection 4.29. Break Open or Game Event Bingo games are part of the bingo event and are not Instant Bingo games.

5.5 A merchandise board or coin collecting board is a variation on pull-tab games. A game board of this type typically comes with a registered package of pull-tab tickets, a signer's card, and a pay-out slip.

5.5.1 When a ticket is sold, the player opens the ticket to reveal its hidden numbers. If a number on the ticket matches a number on the game board, the player wins a prize and/or a chance at one or more seal prizes, which are revealed at the end of the game.

5.5.2 The game board shall display the prizes available for the game. Some of the winners receive instant cash only, while some of the winning numbers win a chance to win a large prize and may match numbers on coins, wallets, or small panels that are built into the board.

5.5.3 If a player wins a chance at a larger prize or a seal prize, that player's name is added to the signer's card or game board. The organization shall be responsible for maintaining contact information for the player that is added to the signer's card or game board.

5.5.4 The game is concluded when all of the tickets sell out, or all the prizes are won. The seals on the game board are opened in some fashion to reveal the winning numbers and the winning players shall be contacted.

5.6 After occasion reports are not required for instant or sealed games.

5.7 Instant or sealed game permits shall expire annually on a date determined by the Division of Professional Regulation.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-6.0 Reports After the Function

6.1 When no game is held on a date a licensee is authorized to hold such game, a report to that effect shall be filed with the Board.

6.2 Within 30 days of the last day of the function, the member-in-charge shall submit a report to the Board that includes all information required by Title 28 of the Delaware Code.

6.3 If a licensee fails to timely file a report or if a report is not properly verified, or not fully, accurately, and truthfully completed, no further license shall be issued to the licensee and any existing license shall be suspended until such time as the deficiency has been corrected.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-7.0 Suspension and Revocation of Licenses

7.1 Proceedings to suspend or to revoke a license shall be brought by notifying the licensee of the ground thereof and the date set forth for a hearing thereon. The Board may stop the operation of a game pending hearing, in which case the hearing must be held within five (5) days after such action.

7.2 When suspension or revocation proceedings are begun before the Board, it shall hear the matter and make written findings in support of its decision. The licensee shall be informed of the decision and of the effective date of the suspension or revocation.

7.3 When a license is suspended or revoked, the licensee shall surrender up the license to the Board on or before that effective date set forth in the notice of decision. In no case shall any license be valid beyond the effective date of suspension or revocation, whether surrendered or not.

7.4 Upon finding of the violation of these rules and regulations or the Bingo Statute, such as would warrant the suspension or revocation of a license, the Board may in addition to any other penalties which may be imposed, declare the violator ineligible to conduct a game of bingo and to apply for a license under said law for a period not exceeding thirty (30) months thereafter. Such declaration of the ineligibility may be extended to include, in addition to the violator, any of its subsidiary organizations, its parent organization and any other organization having a common parent organization or otherwise affiliated with the violator, when in the opinion of the Board, the circumstances of the violation warrant such action.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

10 Del. Admin. Code § 101-8.0 Severability

If any provision of these Regulations or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of these Regulations and the applicability of such provisions to other persons or circumstances shall not be affected thereby.

History

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
14 DE Reg. 486 (11/01/10)
15 DE Reg. 367 (09/01/11)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
2 DE Reg. 1224 (01/01/99)
8 DE Reg. 531 (10/01/04)
12 DE Reg. 357 (09/01/08)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
20 DE Reg. 994 (06/01/17)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1761 (04/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 412 (09/01/09)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 1618 (05/01/12)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (05/01/13)
17 DE Reg. 1093 (05/01/14)
20 DE Reg. 994 (06/01/17)
21 DE Reg. 501 (12/01/17)
21 DE Reg. 501 (12/01/17)
11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
16 DE Reg. 219 (08/01/12)
21 DE Reg. 501 (12/01/17)
17 DE Reg. 1093 (05/01/14)

102 Regulations Governing Raffles

10 Del. Admin. Code § 102 Regulations Governing Raffles

These regulations shall apply to any raffle conducted under Title 28 of the Delaware Code in which the value of the prize or prizes to be awarded is $5,000 or more or in which the ticket price is more than $5.00 for a single drawing for prizes, or more than $15.00 for a series of drawings for prizes occurring on a periodic schedule exceeding one month. These regulations are issued pursuant to the authority granted the Delaware Gaming Control Board in Title 28 of the Delaware Code.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-1.0 Definitions

“Board” The Delaware Gaming Control Board.

“Prize” Any item or items chosen by a Sponsoring Organization as the subject of a raffle, which the organization announces it will award to a person selected by chance from among those purchasing tickets to the raffle.

“Qualified Member” For the purposes of eligibility to participate in managing or otherwise assisting in the operation of raffle, a person is a bona fide member of the licensed organization only when he or she:

Has become a member prior to the commencement of the function and such membership was not dependent upon, or in any way related to the payment or consideration to participate in, any gambling activity; and

Has held full and regular membership status in the licensed organization for a period of not less than three (3) consecutive months prior to the subject function; and

Has paid any reasonable initiation or admission fees for membership, and/or any dues, consistent with the nature and purpose of the licensed organization and with the type of membership obtained and is not in arrears in payment of any such fees or dues; and

Has met all other conditions required by the licensed organization for membership and is in all respects a member in good standing at the time of the subject function; and

Is a bona fide member of a bona fide charitable or bona fide nonprofit organization affiliated with or auxiliary to his or her sponsoring organization, or to which his or her own organization is auxiliary, when he or she meets all of the standards set out above respecting his or her own organization.

“Raffle” A form of lottery in which a number of persons buy one or more chances attempting to win the same prize. Any game such as those called "Nevada cards" or "pull cards" where the amount of the prize is determined by the contents of the ticket purchased are not raffles.

An organization may conduct a raffle which will not be completed in one night. An organization may sell a chance good for an extended period of time with a series of drawings, with a chance to win a prize multiple times during that period, and chances may be purchased throughout the period of the raffle. The payment of a single fee with the application shall be sufficient for the entire six month period. However, any such raffle must first be approved by the Board.

No one under the age of 18 shall be permitted to participate in a raffle.

“Related Party” Includes:

An officer, director, or trustee (or an individual having powers or responsibilities similar to those of officers, directors, or trustees) of the organization.

A spouse other than a spouse who is legally separated from the individual under a decree of divorce or separate maintenance; a child including legally adopted children; grandchildren; parents; and grandparents of parties described in (a) above.

A corporation, trust, estate or partnership more than 35% of which is owned or held by any of the preceding.

“Sponsoring Organization” Any veterans, religious, or charitable organization, volunteer fire company or fraternal society as defined in Article II, §17A or §17B of the State Constitution.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-2.0 Disclosure

2.1 In any raffle conducted pursuant to Title 28 of the Delaware Code, the sponsoring organization must disclose the following information on the raffle ticket itself:

2.1.1 A full and fair description of the prize;

2.1.2 The appraised value of the prize;

2.1.3 If there is a minimum number of tickets to be sold, what the minimum is and the procedure to be employed to secure a refund in the event the minimum is not reached;

2.1.4 The drawing date for the raffle;

2.1.5 The exact nature of the charitable purpose for which the proceeds will be used.

2.2 The charitable organization is responsible for the handling of all monies, bookkeeping and receipts in a raffle. The Board will not approve on-line raffles or raffles involving third party payers, such as PayPal or similar entities.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-3.0 Obligations of the Sponsoring Organization

3.1 If for any reason the raffle is not completed and a prize is not awarded on the scheduled drawing date, the sponsoring organization must take all steps necessary to notify ticket purchasers of that fact and return all money received from ticket purchasers within thirty days.

3.2 Members, employees and their immediate family members may purchase raffle tickets, but may not sell raffle tickets to members of their immediate family. The sale of tickets alone shall not constitute the promotion and operation of a raffle for purposes of this section. Nothing in this section prohibits the award of a prize to a person for selling a winning ticket.

3.3 The sponsoring organization shall take such steps as are necessary under the circumstances to insure that each ticket purchaser has a chance to be selected as the prize winner and that prize winner is selected in an entirely random manner.

3.4 In cases where the sponsoring organization purchases the prize from a third party, the Board may require that the sponsoring organization arrange for an independent appraisal of the value of the prize from a person licensed to render such appraisals, or if there is no applicable licensing requirement, from a person qualified to render such appraisals.

3.5 If the sponsoring organization purchases a prize from a related party, the price to be paid must be at cost or substantially less than the appraised value of the prize.

3.6 No sponsoring organization or its employees, members, agents or servants, shall give away tickets to a raffle without receiving the full established price for them unless all members of the public have an equal chance to receive bonus chances or books of chances when buying a certain number of chances or books of chances.

3.7 The sponsoring organization shall structure the raffle in such a way that it may reasonably he anticipated that the sponsoring organization will retain a percentage of the gross proceeds which is reasonable under the circumstances and shall retain all of the net proceeds (gross proceeds minus the direct expenses of the raffle) for the purpose specified in their application under Title 28 of the Delaware Code.

3.8 A raffle may not offer a house or other property as a prize.

3.9 No tickets for a raffle may be sold prior to the charitable organization receiving the permission of the Board to conduct the raffle through a permit or license.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-4.0 Record Keeping, Financial Control

4.1 A record keeper shall be designated from among the members of the organization as defined in 1.0 “Qualified Member” and shall have been a member for a minimum of two (2) years prior to the commencement of the raffle. The record keeper or his designee shall be responsible for the keeping and distribution of raffle tickets to be sold, the safekeeping of paid-for and completed ticket stubs, and the maintenance of the records prescribed by this section during and after the completion or suspension of the raffle for a period of at least two years.

4.2 The raffle ticket shall have at least two parts, one of which is to be retained by the purchaser, and the other to be retained by the record keeper. The record keeper's part must at a minimum contain the purchaser's name, address, and telephone number. All such parts shall be imprinted with sequential serial numbers commencing with the numeral "1" through the maximum number of tickets to be sold.

4.3 The record keeper shall maintain and periodically update as the need arises, the following types of records:

4.3.1 all documents, bills of sale, agreements, appraisals or other documents concerning the purchase of the article or articles to be raffled;

4.3.2 all permits, licenses, and any other documents prescribed or required by law as necessary for the lawful conduct of a raffle;

4.3.3 a list or access to a list of all persons authorized to sell raffle tickets or participating in any way in the promotion or operation of the raffle. If raffle tickets are given to one person to sell and this person recruits other persons to help sell raffle tickets, the record keeper need only keep a list of those persons to whom the record keeper has directly distributed raffle tickets.

4.3.4 a ledger book or other suitable record keeping device listing the number of tickets distributed, and the number of tickets returned as sold.

4.3.5 the ticket stubs used to conduct the drawing for a period of not less than six months.

4.4 Financial records shall be maintained by the record keeper sufficient to show:

4.4.1 the current amount of proceeds received on account of the raffle;

4.4.2 all expenses related to the conduct of the raffle including printing costs, advertising costs, lawyers fees, appraisal costs, insurance premiums, and any other costs reasonably attributable to the raffle.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-5.0 Violations of Regulations

Failure to comply with any of the Regulations shall subject the violator to suspension or revocation of any valid license issued under Title 28 of the Delaware Code and criminal prosecution.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-6.0 Application

6.1 All applications for a license to conduct a raffle shall be submitted on a form approved by the Board. The information supplied must include the name, address, and phone number of the sponsoring organization, the prize to be awarded, the value of the prize, the maximum number of tickets to be sold, the cost of each raffle ticket, the date the prize will be awarded, the exact nature of the charitable purpose for which the proceeds will be used, and the name, address and phone number of the person in charge of the organization, and the person designated to be the record keeper for the raffle.

6.1.1 An application must be submitted sufficiently in advance of the proposed date of the function as to allow the Board to consider the application at two consecutive board meetings before deciding to approve or deny the application.

6.2 There shall be a license fee of $15 for each raffle application submitted to the Board for approval.

6.3 The Board shall make an investigation of the qualifications of each applicant and the merits of each application. The Board shall consider the impact, if any, of the approval of a new raffle license application on existing licensees within the applicant's geographical location prior to granting the approval, and may deny the application if it concludes that approval of the application would be detrimental to existing licensees.

6.4 The Board may issue a license only after it determines that:

6.4.1 The applicant is duly qualified to conduct raffles under the State Constitution, statutes, and rules and regulations governing raffles; and

6.4.2 The member or members of the applicant who intend to conduct the games are bona fide active members of the applicant and are persons of good moral character and have never been convicted of crimes involving moral turpitude; and

6.4.3 The proceeds are to be disposed of as provided in the State Constitution and statutes; and

6.4.4 No salary, compensation or reward whatever will be paid or given to any member under whom the game is conducted.

6.5 No raffle license application shall be effective for a period of more than one year from the date it was issued.

6.6 No raffle license shall be effective after the organization to which it was granted has become ineligible to conduct the game under any provision of Article II, §17A or §17B of the State Constitution.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-7.0 Reports After the Drawing

Within thirty (30) days of the date for awarding the prize as specified in the license application, the record keeper shall furnish in writing to the Board, the name and address of each person to whom a prize was awarded, the gross receipts derived from the selling of raffle tickets, and the total expenses incurred for the raffle.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-8.0 Suspension & Revocation of Licenses

8.1 Proceedings to suspend or to revoke a license shall be brought by notifying the licensee of the ground thereof and the date set forth for hearing thereon. The Board may stop the operation of a raffle pending a hearing, in which case the hearing must be held within five (5) days after such action.

8.2 The Board shall cause the notice of hearing to be served personally on an officer of the licensee or the member in charge of the conduct of the raffle or to be sent by registered or certified mail to the licensee at the address shown in the license. All hearing procedures shall be subject to the requirements of the Administrative Procedures Act, 29 Del.C. §10131.

8.3 When suspension or revocation proceedings are begun before the Board, it shall hear the matter and make written findings in support of its decision. The licensee shall be informed of the decision, and of the effective date of the suspension or revocation.

8.4 When a license is suspended or revoked, the licensee shall surrender up the license to the Board on or before that effective date set forth in the notice of the decision. In no case shall any license be valid beyond the effective date of suspension or revocation, whether surrendered or not.

8.5 Upon finding of the violation of these rules and regulations or the Delaware statutes, such as would warrant the suspension or revocation of a license, the Board may in addition to any other penalties imposed, declare the violator ineligible to conduct a raffle and to apply for a license under said law for a period not exceeding thirty (30) months thereafter. Such declaration of the ineligibility may be extended to include, in addition to the violator, any of its subsidiary organizations, its parent organization and any other organization having a common parent organization or otherwise affiliated with the violator, when in the opinion of the Board, the circumstances of the violation warrant such action.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

10 Del. Admin. Code § 102-9.0 Severability

If any provision of these Regulations or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of these Regulations and the applicability of such provision to other persons or circumstances shall not be affected thereby.

History

2 DE Reg. 1224 (01/01/99)
15 DE Reg. 368 (09/01/11)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 219 (08/01/12)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
16 DE Reg. 219 (08/01/12)
13 DE Reg. 107 (07/01/09)
2 DE Reg. 1224 (01/01/99)
2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 1355 (04/01/10)
15 DE Reg. 368 (09/01/11)
16 DE Reg. 219 (08/01/12)

104 Regulations Governing Texas Hold’em Poker

10 Del. Admin. Code § 104-1.0 Reports After the Function

1.1 Within 30 days of the last day of the function, the member-in-charge shall submit a report to the Board that includes all information required by Title 28 of the Delaware Code.

1.2 When no function is held on a date a licensee is authorized to hold such a function, a report to that effect shall be filed with the Board.

1.3 If a licensee fails to timely file a report or if a report is not properly verified, no further license shall be issued to the licensee and any existing license shall be suspended until such time as the deficiency has been corrected.

History

16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
16 DE Reg 219 (08/01/12)
11 DE Reg. 516 (10/01/07)
16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
16 DE Reg 219 (08/01/12)
13 DE Reg. 412 (09/01/09)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
15 DE Reg. 886 (12/01/11)
15 DE Reg. 1679 (06/01/12)
16 DE Reg 219 (08/01/12)

10 Del. Admin. Code § 104-2.0 Limitation of Texas Hold ‘Em Tournaments

2.1 The Board interprets the phrase “with each tournament by the sponsoring organization to be held at least 70 days apart” in Title 28 of the Delaware Code to mean that no sponsoring organization may conduct a subsequent tournament less than 70 days from the date of their immediately prior tournament.

2.2 A sponsoring organization and any auxiliary seeking to hold a tournament with the sponsoring organization's approval may hold up to a total of five tournaments per year. It is not permissible for a sponsoring organization to hold up to five tournaments and for an auxiliary to also hold up to five tournaments per year.

2.3 Only a member of the sponsoring organization may receive the funds during the tournament.

History

16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
16 DE Reg 219 (08/01/12)
11 DE Reg. 516 (10/01/07)
16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
16 DE Reg 219 (08/01/12)
13 DE Reg. 412 (09/01/09)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
15 DE Reg. 886 (12/01/11)
15 DE Reg. 1679 (06/01/12)
16 DE Reg 219 (08/01/12)

10 Del. Admin. Code § 104-3.0 Re-buys

The Board has determined that re-buys are optional.

History

16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
16 DE Reg 219 (08/01/12)
11 DE Reg. 516 (10/01/07)
16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
16 DE Reg 219 (08/01/12)
13 DE Reg. 412 (09/01/09)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
15 DE Reg. 886 (12/01/11)
15 DE Reg. 1679 (06/01/12)
16 DE Reg 219 (08/01/12)

10 Del. Admin. Code § 104-4.0 Application

An application must be submitted sufficiently in advance of the proposed date of the function as to allow the Board to consider the application at two consecutive board meetings before deciding whether to approve or deny the application.

History

16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
16 DE Reg 219 (08/01/12)
11 DE Reg. 516 (10/01/07)
16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
16 DE Reg 219 (08/01/12)
13 DE Reg. 412 (09/01/09)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
15 DE Reg. 886 (12/01/11)
15 DE Reg. 1679 (06/01/12)
16 DE Reg 219 (08/01/12)

10 Del. Admin. Code § 104-5.0 Prize Amount

No prize greater in amount or value than $5,000 shall be offered or given in any single tournament and the aggregate amount or value of all prizes offered or given in any single tournament shall not exceed $13,000.

History

16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
16 DE Reg 219 (08/01/12)
11 DE Reg. 516 (10/01/07)
16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
16 DE Reg 219 (08/01/12)
13 DE Reg. 412 (09/01/09)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
15 DE Reg. 886 (12/01/11)
15 DE Reg. 1679 (06/01/12)
16 DE Reg 219 (08/01/12)

10 Del. Admin. Code § 104-6.0 Licensure

6.1 All employees, principals, owners and contractors of third party vendors or charitable gaming vendors involved in conducting a Texas Hold ‘Em tournament shall be licensed. Only members of the sponsoring organization who are serving as dealers, bookkeepers or treasurers, or as the tournament director for the tournament shall be licensed.

6.2 Investigators assigned to the Division will conduct an investigation to determine the suitability of the applicant for licensure. The investigator will provide his or her recommendation of suitability of each applicant to the Delaware Board of Charitable Gaming. The Division’s investigators may access the state and federal criminal history databases for the purpose of reviewing the criminal history of any individual applicant.

6.3 The applicant must contact the State Bureau of Identification (“Bureau”) to make arrangements for fingerprint processing. The applicant must complete a fingerprint card and form with the necessary personal information and sign an Authorization for Release of Information form to release criminal history records to the Division of Professional Regulation (“Division”) and the Delaware Board of Charitable Gaming. At the time of processing the applicant must show proof of official identification to complete the criminal history request. A fee is required to be paid for state and federal processing of fingerprint cards and criminal history records. The fee is set by the Bureau, and the applicant shall make that payment directly to that agency. Certified copies of the criminal history record shall be forwarded to the Division. The Bureau shall act as the intermediary for the receipt of the federal criminal history record checks performed by the Federal Bureau of Investigation. The Bureau shall forward the results of these federal record checks to the attention of the Division, along with the results of a report of the individual’s entire criminal history record from the Bureau or a statement from the Bureau that its Central Repository contains no such information relating to that person, in a confidential manner. The Division will provide the applicant with a copy of the criminal history records. The applicant shall have the opportunity to respond to the Division regarding any information obtained prior to a determination of suitability for licensure. Such a response shall be made within ten (10) days of the person’s receipt of the criminal background information from the Division.

6.4 In making the determination of suitability for licensure, the Board of Charitable Gaming shall consider the background of each individual applicant. The licensure requirement shall include the satisfaction of such security, fitness and background standards as the Board may deem necessary relating to competence, honesty and integrity, such that a person’s reputation, habits and associations do not pose a threat to the public interest of the State or to the reputation of or effective regulation and control of charitable gaming. It is specifically provided that any person convicted of any felony, a crime involving gambling, or a crime of moral turpitude within ten (10) years prior to applying for a license or any time thereafter shall be deemed unfit. The Board shall also consider the applicant’s truthfulness in disclosing requested information, particularly in regard to the criminal history.

6.5 The Board shall communicate the results of the determination of suitability in writing to the applicant within sixty (60) days of receipt of the criminal history information, unless extenuating circumstances require a longer period. If the Board determines that an applicant has satisfied the licensing requirements, the applicant will be issued a license. If an applicant is denied a license, the applicant may appeal for reconsideration as set forth below.

6.5.1 Appeal may be initiated by an applicant notified that the license was denied by submitting a request for a hearing to the Board of Charitable Gaming within ten (10) days of receipt of the notice of denial.

6.5.2 The appeal shall be reviewed by the Board and the person shall be given the opportunity to be heard by the Board within sixty (60) days of receipt of the letter of appeal, unless extenuating circumstances require a longer period. The hearing will be held in accordance with the Administrative Procedures Act, 29 Del.C., Ch. 101.

6.5.3 A written decision shall be rendered by the Board within sixty (60) days of the hearing, unless extenuating circumstances require a longer period. All decisions are final and may then be appealed to Superior Court under 29 Del.C. §10142.

6.6 An applicant determined to be unsuitable for licensure pursuant to this procedure shall be prohibited from reapplying for licensure for a period of twelve (12) months.

6.7 All records pertaining to criminal background checks and suitability determinations shall be maintained in a confidential manner including, but not limited to, the following:

6.7.1 Access to criminal background check records, letters of reference accompanying out-of-state criminal background checks and determination of suitability of applicants shall be limited to the Board and designated personnel within the Division;

6.7.2 All such records shall be kept in locked cabinets or as digital files; and

6.7.3 No information from such records shall be released without the signed release of the individual applicant or officer.

6.7.3.1 All records pertaining to criminal background checks and suitability determinations of applicants for licensure and Board of Charitable Gaming meetings to make suitability determinations shall not be subject to the Delaware Freedom of Information Act, Title 29, Ch. 100.

History

16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
16 DE Reg 219 (08/01/12)
11 DE Reg. 516 (10/01/07)
16 DE Reg 219 (08/01/12)
12 DE Reg. 357 (09/01/08)
16 DE Reg 219 (08/01/12)
13 DE Reg. 412 (09/01/09)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1580 (06/01/10)
15 DE Reg. 886 (12/01/11)
15 DE Reg. 1679 (06/01/12)
16 DE Reg 219 (08/01/12)

200 Office of the State Lottery

201 Video Lottery Employee Organization and Lottery Employee Regulations

10 Del. Admin. Code § 201-1.0 Introduction

These regulations are authorized pursuant to section 4805 of Title 29 of the Delaware Code. Video lottery operations in the State of Delaware are strictly regulated by the Delaware State Lottery Office through the powers delegated to the Director of the Lottery pursuant to Title 29 of the Delaware Code.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

10 Del. Admin. Code § 201-2.0 Definitions

The following words shall be accorded these meanings for purposes of these Regulations:

"Agency" means the Delaware State Lottery Office created pursuant to 29 Del.C. chapter 48.

"Agent" or "Licensed Agent" or "Licensed Video Lottery Agent" means any person licensed by the Director of the Agency to conduct licensed video lottery operations.

"Applicant" ‑ any person applying for a license authorized under these regulations.

"Background Investigations" means the security, fitness, and background checks conducted of an applicant.

"Director" means the Director of the Delaware State Lottery Office as established by Title 29 of the Delaware Code.

"Employee Organization" means any organization that admits or seeks to admit to membership employees of a Delaware video lottery agent and which has a purpose the representation of such employees in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment, or conditions of work.

"Key Employee" means any officer and any employee of an employee organization who has direct involvement with or who exercises authority, discretion or influence in the representation of employees of a Delaware video lottery agent in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment or conditions of work.

"Licensee" means any person authorized by the Director to participate in video lottery operations.

"Lottery" means the public gaming system or games established and operated by the Delaware State Lottery Office.

"Pension or Welfare System Maintained by an Employee Organization" means any pension or welfare system created or established by an employee organization or one or more of the trustees or one or more members of the governing body of which is selected or appointed by the employee organization.

"Pension System" means any plan, fund or program which is maintained by an employee organization, or by an employee organization and an employer, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund or program provides retirement income to employees or results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.

"Person" means an individual, general partnership, limited partnership, corporation or other legal entity.

"Registrant" means any employee organization or key employee applying for registration under these regulations.

"Video Lottery" means any lottery conducted with a video lottery machine or linked video lottery machines with an aggregate progression prize or prizes.

"Welfare System" means any plan, fund or program which is maintained by an employee organization or by an employee organization and an employer, to the extent that such plan, fund or program was established or is maintained for the purposes of providing for its participants, or their beneficiaries, through the purchase of insurance or otherwise, medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment, or vacation benefits, apprenticeship, or other training programs, or day care centers, scholarship funds, or prepaid legal services, or any other such benefit other than pension on retirement or death, and insurance to provide such pensions.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

10 Del. Admin. Code § 201-3.0 Registration of Employee Organizations

3.1 Any employee organization representing or seeking to represent employees employed by a Delaware video lottery agent shall register with the Director of the Agency. An employee organization shall be required to file a registration application with the Agency within ten (10) business days after it secures a signed authorization card from any employee who is employed by a Delaware video lottery agent. Any registration statement filed by an employee organization after the signature of an authorization card but prior to the employee organization's petition for election shall not be subject to disclosure by the Agency to any video lottery agent.

3.2 The employee organization shall register with the Agency on registration forms supplied by the Agency. Registration forms shall require the employee organization to provide the following, without limitation:

3.2.1 The name of the registrant as shown on its charter or in its constitution;

3.2.2 The current and former business addresses of the registrant, including the address of any office where matters pertaining to employees of a video lottery agent will be conducted;

3.2.3 The names of all persons principally involved in the original creation of the employee organization;

3.2.4 The name and address of:

3.2.4.1 all affiliates which are either a parent body or any superior organization with any right or ability to control, supervise, discipline or set policy for this organization;

3.2.4.2 all affiliates which are chartered by the same parent body as this organization;

3.2.4.3 all affiliates which are governed by the same constitution or bylaws.

3.2.5 The nature of the actual or probable involvement of any affiliate which represents or is seeking to represent employees who are employed by a video lottery agent, or which is involved or seeking to be involved in the control or direction of such representation.

3.2.6 Information on any pension or welfare system maintained by the employee organization that hold any direct financial interest in any video lottery agent or technology provider.

3.2.7 Disclosure of pension and welfare systems maintained by the employee organization and the names and titles of each officer or agent responsible for management of the pension or welfare system.

3.2.8 With respect to all employee organization personnel:

3.2.8.1 Full name, including any known alias or nickname;

3.2.8.2 Designation of all key labor employees in the employee organization;

3.2.8.3 Title or other designation in the employee organization;

3.2.8.4 A brief description of the duties and activities of each individual;

3.2.8.5 The business address and telephone number of each individual; and,

3.2.8.6 Annual compensation including salary, allowances, and other direct or indirect disbursements (including reimbursed expenses).

3.2.9 Any other information the Director determines is needed to determine the competence, honesty, and integrity of the applicant as required by Title 29 of the Delaware Code.

3.2.10 A written certification under oath in a form signed by the local employee organization president and secretary‑treasurer, and chief official of the local employee organization if his title is other than president or secretary‑treasurer, that the information contained on the application is complete and accurate.

3.2.11 A statement whether the employee organization has ever been found by any court or governmental agency to be unsuitable to represent employees under a federal or state labor statute.

3.2.12 A list of any litigation involving the employee organization over the last five years.

3.2.13 A Release Authorization directing all courts, probation departments, selective service boards, employers, educational institutions, financial and other institutions and all governmental agencies to release any and all information pertaining to the registrant as requested by the Agency or the Delaware State Police.

3.2.14 A waiver of liability as to the State and its instrumentalities and agents for any damages resulting to the registrant from any disclosure or publication of information acquired during the investigation process.

3.3 To the extent, if any, that the information supplied in the registration or otherwise supplied by the employee organization or on the employee organization's behalf, becomes inaccurate or incomplete, the employee organization shall so notify the Agency in writing as soon as it is aware that the information is inaccurate or incomplete, and shall at that time supply the information necessary to correct the inaccuracy or incompleteness of the information.

3.4 Upon request of the Agency, the employee organization shall supplement the information provided in the registration form as deemed necessary by the Agency.

3.5 All registration statements filed under these Regulations shall be valid for a one‑year period and a renewed registration form or an updated supplemental registration form must be filed annually. The employee organization filing the registration form is under a continuing duty to promptly notify the Director of the Agency of any changes in disclosed information.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

10 Del. Admin. Code § 201-4.0 Registration of Key Employees of Employee Organizations

4.1 Any key employee of an employee organization shall be required to register with the Agency at the same time as the application for registration is filed under section 3.0 of these Regulations, or within thirty (30) days after the date on which such individual is elected, appointed, or hired, whichever is later.

4.2 The key employee shall register with the Agency on registration forms supplied by the Agency. Registration forms shall require the key employee to provide the following, without limitation:

4.2.1 Name, including any aliases or nicknames;

4.2.2 Title or position with the employee organization;

4.2.3 Date and place of birth;

4.2.4 Physical description;

4.2.5 Current address and residence history;

4.2.6 Social security number;

4.2.7 Citizenship and, if applicable, information concerning alien status;

4.2.8 Telephone number at current place of employment;

4.2.9 Employment history, including all positions held with a labor organization, union or affiliate, whether or not compensated;

4.2.10 Excluding minor traffic offenses, a detailed description of the following areas of criminal conduct, if any, including whether the crime involved is denominated a felony or a misdemeanor:

4.2.10.1 Any convictions;

4.2.10.2 Any criminal offenses, that occurred within ten years of the application or registration, for which the applicant or registrant was arrested, charged, indicted or summoned to answer, which are pending or for which he was not convicted;

4.2.10.3 Any criminal offenses for which he received a pardon;

4.2.11 Whether he has ever been denied a business, liquor, gaming, or professional license, or has had such license revoked;

4.2.12 Whether he has ever been found by any court or governmental agency to be unsuitable to be affiliated with a labor organization and if so, all details relating thereto;

4.2.13 Whether he has ever been subpoenaed as a witness before any grand jury, legislative body, administrative body, or crime commission on matters pertaining to the operation or performance in any labor organization, which shall include all details relating thereto.

4.2.14 All key employee applicants will be required to submit a complete set of fingerprints to the Delaware State Bureau of Identification along with the standard release information.

4.2.15 Any other information the Director determines is needed to determine the competence, honesty, and integrity of the applicant as required by Title 29 of the Delaware Code.

4.2.16 A written certification under oath by the applicant that the information contained on the application is complete and accurate.

4.2.17 A Release Authorization directing all courts, probation departments, selective service boards, employers, educational institutions, financial and other institutions and all governmental agencies to release any and all information pertaining to the applicant as requested by the Agency or the Delaware State Police that bears on and is necessary and reasonably related to the statutory standards of competence, honesty, or integrity as specified by 29 Del.C. section 4805 (a)(24)(c)(ii).

4.2.18 A waiver of liability as to the State and its instrumentalities and agents for any damages resulting to the applicant from any disclosure or publication of information acquired during the investigation process.

4.3 To the extent, if any, that the information supplied in the application form, or otherwise supplied by the applicant, becomes inaccurate or incomplete, the applicant shall so notify the Agency in writing as soon as it is aware that the information is inaccurate or incomplete, and shall at that time supply the information necessary to correct the inaccuracy or incompleteness of the information.

4.4 Upon request of the Agency, the applicant shall supplement the information provided in the application form as deemed necessary by the Agency.

4.5 All registration forms filed under these Regulations shall be valid for a one‑year period and a renewed registration form or an updated supplemental registration form must be filed annually. The entity or individual filing such form is under a continuing duty to promptly notify the Director of any changes in disclosed information.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

10 Del. Admin. Code § 201-5.0 Procedure for Review of Registration Applications

5.1 All registration statements filed under these Regulations shall be valid for a one year period and a renewed registration must be filed annually. The entity or individual filing such form is under a continuing duty to promptly notify the Director of any changes in disclosed information. The Delaware State Police shall conduct all background investigations required for by these Regulations and 29 Del.C. section 4805(a)(24)(a).

5.2 All applications for registration shall be deemed approved unless the Director notifies the applicant within sixty (60) days of his decision not to approve the registration or unless extenuating circumstances require a longer period, in which case the Director shall act with all deliberate speed to complete the process.

5.3 The application for registration by an employee organization or key employee of such employee organization may be denied or registration revoked under the following circumstances:

5.3.1 If the employee organization or key employee of such employee organization is in violation of standards established under the Labor Management Reporting and Disclosure Procedure Prohibition Against Persons Holding Office, 29 U.S.C. section 504(a).

5.3.2 The applicant's competence, honesty or integrity pose a threat to the public interest of the State or to the reputation of or effective regulation and control of the video lottery based on the applicant's associations or by virtue of the fact that the applicant has been convicted of a felony crime of moral turpitude or arrested for an act constituting racketeering under 11 Del.C. section 1502(9)(a)(b)(2)(4‑10) within ten (10) years prior to applying for registration hereunder or at anytime thereafter. Any employee or employee organization denied registration based on an arrest for an act constituting racketeering under 11 Del. C.. section 1502(9)(a)(b)(2)(4‑10) may apply for reconsideration of registration if subsequently acquitted or a nolle prosequi is entered or the charge is otherwise dismissed. In such instances, the Lottery shall reconsider the applicant's registration based on the criteria set forth in these Regulations and 29 Del.C. section 4805(a)(24).

5.3.3 The organization or individual has knowingly made or caused to be made any written statement to any representative of the Agency or the Delaware State Police or who has orally responded to an official inquiry by the Agency, its employees or agents, which was at the time and in light of circumstances under which it was made false or misleading.

5.3.4 The organization or key employee thereof holds or obtains a direct financial interest in any video lottery agent, provided the employee organization is provided a thirty (30) day period to divest of any such direct financial interest.

5.4 Any employee organization may continue to provide services to employees of a Delaware video lottery agent during the review of the application process and the appeal process, except where the employee organization is found in violation of section 5.3(iv) of these Regulations or there has been a previous violation of sections 5.3(i‑iii) of these Regulations by the employee organization within the previous ten (10) years.

5.5 The failure of any key employee to satisfy the requirements of sections 5.3(i‑iv) of these Regulations may constitute grounds for suspension of the registration of the employee organization if the organization does not remove the key employee from his or her duties as defined in 29 Del.C. section 4803(j) and the definition of "key employee" contained in section 2.0 of these Regulations. The employee organization will be given a reasonable opportunity to remove or replace any key employee found to be in violation of sections 5.3.1 through 5.3.4 of these Regulations.

5.6 In any case where the Director determines that a registration of an employee organization or key employee shall be denied or revoked, the Agency shall first give written notice to the applicant or registrant of the intended action, the reasons therefor, and the right to a hearing as provided for in 29 Del.C. chapter 101. The notice of the intended denial, suspension, or revocation shall comply with any applicable requirements of the Delaware Administrative Procedures Act in 29 Del.C. sections 10133‑10134 and, at a minimum, afford the applicant or registrant an opportunity for a hearing.

5.7 If the applicant or registrant desires a hearing, it shall provide the Agency with a written statement within ten days of receipt of the notice which contains the following:

5.7.1 A clear and concise assignment of each error which the applicant or registrant alleges to have been committed in the tentative determination to deny, suspend, or revoke the registration. Each assignment of error should be listed in a separately numbered paragraph.

5.7.2 A clear and concise statement of the facts on which the applicant or registrant relies in pport of each assignment of error.

5.7.3 A prayer setting forth the relief sought.

5.7.4 The signature of the individual or an officer of the employee organization authorized to request the hearing.

5.7.5 A verification by the person requesting the hearing or counsel that the statements contained in the statement are true.

5.8 The Secretary of Finance shall, within a reasonable time, if requested by the Director, appoint a hearing officer to determine whether the application for registration should be denied, suspended, or revoked. The appointed hearing officer shall be bound to conduct all hearings in conformance with the requirements of 29 Del.C. section 10131. Notice of the hearing shall be given at least twenty (20) days before the date it is to be held.

5.9 The applicant or registrant may appear individually, by legal counsel, or by any other duly authorized representative. In the absence of the registrant, written evidence of a representative's authority shall be presented to the hearing officer in a form satisfactory to the hearing officer.

5.10 The applicant or registrant or his duly authorized representative, may with the approval of a hearing officer waive the hearing and agree to submit the case for decision on the record, with or without a written brief. Such a waiver or agreement shall be in writing and placed on the record.

5.11 The applicant or registrant shall be given an opportunity for argument within the time limits fixed by the hearing officer following submission of the evidence. The hearing officer, upon request of the licensee, may accept briefs in lieu of argument. The briefs shall be filed within ten days after the hearing date or within such other time as fixed by the hearing officer.

5.12 The Delaware Uniform Rules of Evidence shall be in effect in all proceedings before the hearing officer. The hearing officer may exclude any evidence which is irrelevant, unduly repetitious, or lacking a substantial probative effect.

5.13 A record shall be made of all hearings and all witnesses shall be sworn and subject to cross examination.

5.14 Following the conclusion of the hearing and within ten days of the receipt of the transcript thereof, or within such other time as fixed by the hearing officer but in no event later than 45 days following the hearing, the hearing officer shall prepare a final decision, including his or her findings of fact and conclusions of law, and the order signed by the hearing officer shall be final. A copy of said order shall be served upon the party requesting the hearing or their attorney of record in person or by registered or certified mail.

5.15 The hearing officer's decision to deny an application of registration or to suspend or revoke a registration shall be appealable to the Superior Court under the provisions of the Delaware Administrative Procedures Act.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

10 Del. Admin. Code § 201-6.0 Lottery Employee Investigations

6.1 The Director shall conduct employment investigations for any person seeking employment with the Agency for compensation for a position which has direct access to lottery ticket sales agents, video lottery agents, or vendors. Those new employee applicants who do not meet the requirements of these Regulations and 29 Del.C. chapter 48 may not be permitted to be employed by the Lottery.

6.2 Applicants for Lottery positions in section 6.1 of these Regulations will be required to submit a set of their fingerprints to the State Bureau of Identification along with a signed standard release. The submitted fingerprints shall be processed by the S.B.I. in order to provide the Director with the individual's entire federal and state criminal history record.

6.3 Any applicant for a Lottery position in section 6.1 of these Regulations shall be required to submit an application form to the Agency to allow the Director to determine that the applicant does not pose a threat to the public interest of the State of Delaware or the integrity of the Lottery Office. The application materials shall request, without limitation:

6.3.1 Name, including any aliases or nicknames;

6.3.2 Title or position to be applied for;

6.3.3 Date and place of birth;

6.3.4 Current address and residence history;

6.3.5 Social security number;

6.3.6 Citizenship and, if applicable, information concerning alien status;

6.3.7 Telephone number;

6.3.8 Employment and educational history.

6.3.9 Qualifications for the position applied for;

6.3.10 Excluding minor traffic offenses, a detailed description of the following areas of criminal conduct, if any, including whether the crime is denominated a felony or a misdemeanor:

6.3.10.1 Any convictions;

6.3.10.2 Any criminal offenses for which the applicant was charged, indicted, or summoned to answer, but for which he was not convicted;

6.3.10.3 Any criminal offense for which he received a pardon;

6.3.11 Any other information the Director determines is needed to determine the qualifications and fitness of the applicant.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

10 Del. Admin. Code § 201-7.0 Severability

The sections and subsections of these rules and regulations shall be deemed severable. Should any section or subsection be deemed by judicial opinion or legislative enactment to be invalid, unconstitutional or in any manner contrary to the laws of the State of Delaware, then such opinion or enactment shall invalidate only that particular section or subsection of these rules and regulations and all other sections shall remain in full force and effect.

History

1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)
1 DE Reg. 1576 (04/01/98)

202 Delaware Lottery Rules and Regulations for Traditional Games

10 Del. Admin. Code § 202-1.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise. Words importing the masculine gender include the feminine as well, except as otherwise clearly indicated by the context.

"Accessible" means complying with the technical requirements found in the ADA Accessibility Guidelines (ADAAG) as issued by the United States Access Board.

"Accessible route" means a continuous unobstructed path connecting all accessible elements and spaces of a building or facility.

"ADA" means the Americans with Disabilities Act (42 U.S.C. Â§Â§12101-12213 and 47 U.S.C. Â§225 and Â§611).

"Agent" or "licensee" means a person who has been licensed by the Director to sell lottery tickets and provide lottery-related services.

"Applicant" means any person who applies for a license to be an Agent as authorized under Delaware law and these Regulations.

"DGE" means the Division of Gaming Enforcement established within the Department of Safety and Homeland Security under 29 Del.C. Â§8236 to (i) exercise exclusive jurisdiction for the criminal offenses which relate to gaming that occurs in a licensed video lottery facility or which relate the operation of the Lottery, and (ii) investigate the background, qualifications, and suitability of each applicant or licensee before any license is issued or re-issued by the Director.

â€œDirectorâ€ means the Director of the Lottery Office or the Acting Director.

"Drawing game" means a lottery game in which a ticket is generated by a computer or a terminal and a drawing must take place to determine if the ticket is a winner.

"Element" means an architectural or mechanical component of a building, facility, space, or site, such as a telephone, curb ramp, door, drinking fountain, seating, or water closet.

"Entrance" means any access point to a building or portion of a building or facility used for the purpose of entering and includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibules (if provided), the entry door(s) or gate(s), and the hardware of the entry door(s) or gate(s).

"Exterior accessible routes" includes, but is not limited to, parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.

"Facility" means all or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, passageways, parking lots, or other real or personal property located on a site.

"Financial institution" means any bank, trust company, or other institution or person either licensed under Title 5 of the Delaware Code or subject to the supervision and regulation of the State Bank Commissioner.

"Inspection report" means a completed survey of the retailer or applicant facility that identifies barriers to program accessibility, if any, and suggest possible solutions.

"Instant game" means either (a) a lottery game in which a pre-printed ticket must be scratched to reveal a play area that will determine if the ticket is a winner or (b) a lottery game in which a terminal-generated lottery ticket contains sufficient information to ascertain immediately, without reference to any other information, whether a holder of the ticket is entitled to receive a prize or winnings in the game.

"Interior accessible route" includes, but is not limited to, corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures.

"Lottery"ï¿½means the public gaming systems or games established and operated pursuant to Delaware Law and includes all types of lotteries that involve prize, consideration, and either pure change or chance as the dominant factor.

"Lottery program" means drawings and instant games offered to the public through Agents and may include the sale of tickets, in-store promotions, and events.

â€œLottery Propertyâ€ includes any Agentâ€™s license, unsold tickets, forms, promotional materials or any other tool issued to the agent by the Lottery Office for the purpose of selling tickets.

â€œOfficeâ€ or â€œLottery Officeâ€ means the Delaware State Lottery Office created by the Delaware Code.

â€œPersonâ€ means and includes an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee, or any other individual acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals and any departments, commissions, agencies, and instrumentalities of the State, including counties and municipalities and their agencies and instrumentalities.

â€œRegulationsâ€ means the regulations promulgated by the Lottery Office for the operation of the Lottery.

"SBI" means the State Bureau of Identification within the Delaware Division of State Police that serves as the central repository for accurate and current criminal history record information in the State of Delaware.

"Service site" means an area within an Agent's facility where a customer may purchase a lottery-related product.

â€œTechnical Infeasibilityâ€ means, with respect to an alteration of a building or a facility, that it has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame or because other existing or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

â€œTicketâ€ means a lottery ticket issued by the Lottery Office for sale to the general public.

"Traditional lottery products" means both drawing games and instant games.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-2.0 Director

The Director shall have the power, duties and responsibilities as set out in 29 Del.C. Ch. 48 and any subsequent amendments.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-3.0 Licensing of Agents

3.1 Application. Any person interested in obtaining a license as an Agent must first file an â€œApplication for Lottery Sales Agentâ€™s Licenseâ€ with the Director. The applications, as well as other documents submitted to the Lottery Office and the DGE by the applicant for the purposes of determining the qualifications of the applicant, must be sworn to or affirmed before a notary public. The applicant must grant to the Lottery Office and the DGE the right to perform a security investigation and to release to the Lottery Office and the DGE any criminal history found by the SBI and the Federal Bureau of Investigation. The applicant must also grant to the Lottery Office and the DGE the right to perform a routine credit check on the applicant. The DGE, or persons acting at the direction of the DGE, shall conduct the security, fitness, and background checks required by the Delaware Code and these Regulations. If an applicant, licensee, registrant, or any other person who must be qualified pursuant to 29 Del.C. Ch. 48 refuses to provide information, evidence, or testimony upon formal request by the Director or the DGE, the Director may deny or revoke the application, license, registration, or qualification of such person.

3.2 Eligibility for License. Before issuing any license, the Director shall consider certain factors, including, but not limited to:

3.2.1 The financial responsibility and security of the applicant and the applicantâ€™s business or activity;

3.2.2 The honesty and integrity of the applicant;

3.2.3 The accessibility to the public of the applicantâ€™s place of business or activity;

3.2.4 The sufficiency of the number of existing licensees to serve the public convenience;

3.2.5 The volume of expected sales of the applicant;

3.2.6 The veracity of the information supplied in the â€œApplication for Lottery Sales Agentâ€™s Licenseâ€;

3.2.7 The results of the applicantâ€™s state and federal criminal history record check;

3.2.8 The extent to which the applicant is known to associate with persons of nefarious backgrounds or disreputable character such that the association could adversely affect the general credibility, security, integrity, honesty, fairness, or reputation of the Lottery Office;

3.2.9 Whether the applicant's experience, character, and general fitness are such that his or her participation as an Agent would be consistent with the public interest, convenience and the purposes of Delaware lottery laws; and

3.2.10 Whether the applicant has obtained from the Delaware Division of Revenue a license to conduct business and whether the applicant's license is current and has been kept current for all applicable time periods.

3.3 Ineligibility of Certain Persons.

3.3.1 The Lottery Office shall not issue a license to act as an Agent to any person who is under the age of twenty-one (21). Nothing herein shall be construed to mean an employee of any Agent must be twenty-one (21) years old to sell tickets within the licensed establishment.

3.3.2 The Lottery Office shall not issue to any person a license to sell lottery tickets if the person will engage in business primarily as a lottery sales agent.

3.4 Issuance of License

3.4.1 The Director shall license, in accordance with the provisions of Delaware Law and these Regulations, such persons as Agents to sell lottery tickets who, as in his option, will best serve the public convenience and promote the sale of lottery tickets.

3.4.2 The issuance of a license signifies an agreement by the agent to abide by all of the provisions of the Delaware Code and these Regulations. All Agents shall also sign the Lottery Retailer Agreement and abide by its terms. The Director shall provide a form of the Lottery Retailer Agreement to each Agent for his signature. The Director may revise the Lottery Retailer Agreement at his discretion and from time to time. If an Agent fails to abide by the terms of the Lottery Retailer Agreement, such violation may result in the suspension, revocation, or non-renewal of the Agent's license.

3.4.3 An Agentâ€™s license shall be reviewed annually on or about the anniversary date of the original issuance.

3.4.4 The Director reserves the right to require a surety bond from every Agent in such amount consistent with his determination of the financial stability of said Agent so as to avoid any monetary loss to the State because of the Agentâ€™s activities in the sale of lottery tickets.

3.5 License to be Displayed

3.5.1 Every Agent shall prominently display his lottery license in an area visible to the general public.

3.5.2 Agents must also display their State of Delaware, Division of Revenue business license in an area that is prominently visible to the general public.

3.5.3 The Agent shall maintain and display all promotional material in conjunction with ticket sales in accordance with instructions issued by the Lottery Office.

3.6 Sale of Lottery Tickets at Specific Locations, Licensed and Nontransferability

3.6.1 An Agent may sell lottery tickets only at the specific location named in the Agentâ€™s license.

3.6.2 No other sales of lottery tickets are permitted, except as provided in the Delaware Code or these Regulations.

3.7 Sale and/or Transfer of Ownership of Specific Licensed Locations

3.7.1 All Agents are required to notify the Lottery Office of a pending sale of a specific licensed location. This requirement of notice includes ownership change in corporations as well as individual ownership changes affecting a specific licensed location. No license may be transferred, assigned, or pledged as collateral. All licenses to sell lottery tickets are nontransferable.

3.7.2 Any change in ownership of a specific licensed location requires a new Agent application process. Change of ownership does not automatically guarantee the granting of a license to the new ownership. If a licensee dies, the Lottery Office will suspend operations at the Agentâ€™s location until a new Agent application is approved for that location.

3.8 Liability of Lottery Office and State of Delaware. All Agents shall hold the Lottery Office, all Lottery employees, and the State of Delaware harmless from any liability arising in connection with conducting lottery ticket sales.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-4.0 Suspension, Non-Renewal, or Revocation of Licenses

4.1 The license is evidence of an agency revocable at will by the Director. The Director may revoke or suspend without notice or a hearing first, the license of any Agent who violates the Delaware Code or any rule or regulation promulgated pursuant to the Delaware Code by issuing an emergency suspension or revocation order. However, if the Director does revoke a license without notice and an opportunity for a hearing, the Director shall by appropriate written notice afford the person whose license has been revoked an opportunity for a hearing within thirty (30) days after the revocation order has been issued. The notice shall also specify the intended reasons for the revocation. As a result of any such hearing, the Director may confirm his action revoking or suspending the license or he may order the restoration of such license.

4.2 An Agentâ€™s license may be suspended, revoked, or its renewal rejected for any one or more of the following reasons:

4.2.1 Whenever the Agent knowingly uses false or misleading information in obtaining the license.

4.2.2 Whenever the Agent violates any of the provisions of the Delaware Code or any regulations, directives, or instructions promulgated or issued thereunder.

4.2.3 Whenever the Agent ceases to conduct business or changes business locations without obtaining from the Director prior authorization for such relocation.

4.2.4 Whenever the Agent does not display lottery point-of-sale materials in a manner which, as determined by the Director to be necessary to the interest of the public and the Lottery, is readily seen by and available to the public or fails to make tickets available at points-of-sale within the licensed premises.

4.2.5 Whenever an Agent commits an act which seriously impairs his reputation for honesty and integrity.

4.2.6 Whenever the Agent has been convicted of a crime.

4.2.7 Whenever the Agent has been found guilty of any fraud or misrepresentation in any connection.

4.2.8 Whenever the Agentâ€™s experience, character, and general fitness are such that his participation as a lottery sales Agent is inconsistent with the public interest, convenience and necessity, or the security of the Lottery operations.

4.2.9 Whenever the Agent is delinquent in making required accounting or fails to pay weekly all monies owed to the State of Delaware.

4.2.10 Whenever the Agent fails to take reasonable security precautions with regard to the handling of lottery tickets and other related materials.

4.2.11 Whenever the Agent sells a lottery ticket for an amount less than or greater than its stated price.

4.2.12 Whenever the Agent fails to report information required by these Regulations.

4.2.13 Whenever the Agent sells lottery tickets to known third-party ticket resellers or enters computer-generated betting slips from third-party ticket resellers for the sale of lottery tickets.

4.3 Procedure for Revocation or Rejection of Renewal of License

4.3.1 The Director may, for any of the reasons stated above, revoke or reject the renewal of an Agentâ€™s license.

4.3.2 Immediately upon notice of revocation or rejection of renewal of an Agentâ€™s license, said Agent shall suspend the sale of all lottery tickets and shall forthwith comply with the provisions of these Regulations for procedures upon suspension of license, unless otherwise notified by the Director.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-5.0 Procedure Upon Denial, Failure to Renew, Suspension or Revocation of License

5.1 The license of any Agent may be temporarily suspended by the Director without prior notice, or having a hearing, pending further investigation, settlement of delinquent account, or prosecution.

5.2 Upon suspension or revocation of an Agentâ€™s license for any reason whatsoever, the Agent shall meet with the Director or his designee on a date set by the Director for the purpose of rendering his final lottery accounting. This date shall be not more than seven (7) days from the date the notice of suspension or revocation was received by the Agent. Upon the Agentâ€™s failure to meet with the Director or his designee on or before the date set by the Director, the Director may take steps to impose such penalties and to enforce the powers of his Office against the delinquent Agent, his agents, or representatives, as may be provided by law and these Regulations.

5.3 Upon receipt of notice of suspension, revocation, or rejection, the Agent may within fourteen (14) days of receipt of said notice make written request to the Director for a hearing to show cause why his license should not be revoked. The written request must contain:

5.3.1 A clear and concise assignment of each error which the licensee alleges to have been committed in the tentative determination to suspend or revoke the license. Each assignment of error should be listed in a separately numbered paragraph.

5.3.2 A clear and concise statement of the facts on which the licensee relies in support of each assignment of error.

5.3.3 A prayer setting forth the relief sought.

5.3.4 The signature of the licensee or an officer authorized to request the hearing.

5.3.5 A verification by the licensee that the statements contained in the petition are true.

5.4 The Director shall provide an opportunity for the petitioner to be heard within thirty (30) days of receipt of the request for a hearing. The Director may appoint a hearing officer within a reasonable time for the purpose of hearing suspension or revocation cases. Said officer shall hear the case, and within thirty (30) days of the conclusion of said hearing, submit to the Director, with a copy to the parties of record, a recommended report. Said report shall contain findings of facts and conclusions of law to support a recommendation to support the revocation, suspension, or rejection, or to support the relicensing of the Agent involved. The parties of record upon receipt of their copy of the recommended report shall have ten (10) days in which to file exceptions, objections and replies to the Director. The Director, within fourteen (14) days, will advise the Agent of his final decision. The Directorâ€™s decision shall be final.

5.5 The licensee may appear individually or by the appearance of a licensed Delaware attorney. In the absence of the licensee, written evidence of a licensed Delaware attorneyâ€™s authority to act on behalf of the licensee shall be presented to the hearing officer in a form satisfactory to the hearing officer.

5.6 The licensee or his duly authorized representative may, with the approval of a hearing officer, waive the hearing and agree to submit the case for decision on the record, with or without a written brief. Such a waiver or agreement shall be in writing and placed in the record.

5.7 The licensee shall be given the opportunity for argument within the time limits fixed by the hearing officer following submission of the evidence. The hearing officer, upon request of licensee, may accept briefs in lieu of argument. The briefs shall be filed within ten days after the hearing date or within such time as fixed by the hearing officer.

5.8 The hearing officer may admit any relevant evidence, except that he shall observe the rules of privilege recognized by law. The hearing officer may exclude any evidence which is irrelevant, unduly repetitious, or lacking a substantial probative effect.

5.9 A record shall be made of all hearings, and all witnesses shall be sworn and subject to cross examination.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-6.0 Erroneous or Mutilated Tickets; Malfunctions

Unless the Director is satisfied that a mutilated lottery ticket is genuine, no credit or prize will be issued to the holder of said ticket. The Lottery Office is not responsible for paying winning tickets resulting from any system or terminal malfunction or any other type of error. Tickets misprinted due to machine error or any malfunction or other type of error must be returned to the Lottery Office, and the Agentâ€™s account will be credited. If a ticket that has been sold to the public is determined by the Director to be misprinted due to machine error (as determined by Lottery internal procedures) or is determined to be erroneously issued due to a system or terminal malfunction or any other type of error, the Lottery Office shall reimburse the ticket holder for the cost of the ticket. Such tickets will not be eligible for any prize. The Director may require Agents to comply with such directives as he deems necessary for erroneous, misprinted, or mutilated tickets received by an Agent.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-7.0 Agentâ€™s Compensation

All Agents shall be entitled to a commission of a percentage of the price of each ticket sold by them as determined by the Director. In addition, the Director may determine in his sole discretion that certain or all Agents may receive a bonus or bonuses.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-8.0 Special Agent Licensing

8.1 The Director may license special lottery Agents, subject to such conditions or limitations as the Director may deem prudent and which are consistent with the Delaware Code and these Regulations. These limitations or conditions may include, but are not limited to:

8.1.1 Length of license period;

8.1.2 Hours or day of ticket sales;

8.1.3 Location of ticket sales;

8.1.4 Specific persons who are allowed to sell lottery tickets; and

8.1.5 Specific sporting, charitable, social, or other special events where lottery tickets may be sold if in conformity with Delaware law and these Regulations.

8.2 Special lottery Agents will be subject to these Regulations.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-9.0 Obligations of Licensed Retailers

9.1 Each Agent accepts and assumes the following obligations and responsibilities when he accepts a license to sell lottery tickets:

9.1.1 Each Agent shall deposit all proceeds resulting from his sales of lottery tickets into a specified lottery financial institution account.

9.1.2 At all lawful times during normal business hours, each Agent shall make available lottery tickets for sale to the public in the place of business designated in the license.

9.1.3 Each Agent shall abide by the Delaware Code, these Regulations, and all other directives or instructions issued by the Director.

9.1.4 Each Agent and its agents and representatives grants to the Lottery Office an irrevocable license to enter upon the premises listed as location(s) on the Agentâ€™s license in which tickets may be sold or any other location under the control of the Agent where the Director may have good cause to believe lottery materials or tickets are stored or kept in order to inspect said lottery property and the premises.

9.1.5 All property given to an Agent remains the property of the Lottery Office, and upon demand, the Agent agrees to deliver such property to the Director.

9.1.6 Each Agent shall make available for inspection and audit of the Director and his agents, upon the Directorâ€™s demand and at reasonable hours, all books and records pertaining to the Agentâ€™s lottery activities.

9.1.7 No Agent shall advertise or otherwise display advertising in any part of the Agentâ€™s licensed location which may be considered derogatory or adverse to the operation or dignity of the Lottery, and the Agent shall remove same forthwith if requested by the Director or his representative.

9.1.8 Each licensee shall accept full responsibility for the acts and conduct of his employees, agents and representatives in connection with all activities of the Lottery Office, and shall hold the Lottery Office and its Director and employees harmless.

9.1.9 Each Agent is required to sell a minimum number of tickets as determined by the Director.

9.1.10 Each Agent is required to make available for any playerâ€™s inspection the official game rules applying to any specific game.

9.1.11 Each Agent shall promptly report to the Director any violation, or any facts or circumstances that may result in a violation, of these Regulations, or in a violation of any state or federal law, excluding violations concerning motor vehicle laws.

9.1.12 Each Agent shall conduct lottery operations in a manner that does not pose a threat to the public, health, safety, or welfare of the citizens of Delaware, or reflect adversely on the security or integrity of the Lottery.

9.1.13 Each Agent shall exercise due diligence in the operation of all Lottery-provided equipment and shall immediately notify the Lottery Office of any communication or equipment malfunctions that may occur.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-10.0 Lottery Accounts

10.1 The Director may require, in his discretion, any or all lottery sales Agents to deposit to the credit of the State Lottery Fund, in financial institutions designated by the Director, all monies received by such Agents from the sale of lottery tickets and to file with the Director or his designated agent reports of their receipts and transactions in the sale of lottery tickets in such form and containing such information as the Director may require.

10.2 The Director may make such arrangements for any person, including a financial institution, to perform such functions, activities, or services in connection with the operation of the Lottery as he may deem advisable pursuant to the Delaware Code and these Regulations.

10.3 All deposits must be secured in accordance with applicable state and federal laws.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-11.0 Lottery Tickets

11.1 Instant game lottery tickets will be prepared for sale and allocated to the Agent by the Lottery Office. Ticket stock for drawing games will be allocated to the Agent by the Lottery Office. No Agent will be permitted to share instant lottery game tickets or ticket stock with another Agent or with another Agent's place of business or licensed location.

11.2 Instant game lottery tickets are deemed sold, and the Lottery Office will charge the Agent's account, when the earliest of the following events occurs: (i) the instant game ticket pack reaches approximately 85% of redemption level; (ii) the Agent or one of its employees activates another ticket stock pack from the same lottery game; (iii) the Lottery Office closes an instant ticket game; (iv) the Agent notifies the Lottery Office in advance that it wishes to be charged once the Agent receives the lottery ticket pack; or (v) 90 days have passed since the Agent or one of its employees has activated a lottery ticket stock pack and none of the other conditions listed in this subsection 11.2 have occurred.

11.3 The Lottery Office will not be held responsible for any lost, stolen, misprinted, erroneously issued, or mutilated lottery tickets that an Agent sells to the public.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-12.0 Sale of Tickets

12.1 No person may sell a ticket for less than or greater than its stated price. Any such ticket will be considered an illegal ticket and shall not be validated by the Lottery Office. No lottery sales Agent shall sell a ticket to a known third-party ticket reseller or enter computer-generated betting slips from a third-party reseller for the sale of lottery tickets. No person other than a duly licensed lottery sales Agent or his employee may sell lottery tickets except that nothing in this section shall be construed to prevent a person who may lawfully make such a purchase from making a gift of lottery tickets to another person. An Agent shall not sell a ticket from any location that is not listed in his license.

12.2 The Director has the discretion to determine the types and terms of payment that may be accepted for traditional lottery products.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-13.0 Purchasing Restrictions

13.1 An employee of the Lottery Office or any member of the employeeâ€™s immediate household shall not purchase a ticket or share in the winnings from any Delaware lottery game, and the Lottery Office shall not pay any prize money or winnings to any employee of the Lottery Office or any member of the employeeâ€™s immediate household. This restriction also prohibits a Lottery Office employee from purchasing any lottery ticket for a game in which the Delaware Lottery is a joint participant.

13.2 An employee of any contractor, subcontractor, or vendor of the Lottery Office or a Lottery Office contract employee who has any duty or responsibility associated with the Lottery Office's drawings or game operations shall not purchase any ticket or share in any winnings from any Lottery Office games in which winners are determined by drawings. In addition, the Lottery Office shall not pay any prize or winnings from any games in which winners are determined by drawings to any contractor, subcontractor, or vendor of the Lottery Office or a Lottery Office contract employee.

13.3 No lottery game ticket shall be purchased by, and no prize shall be paid to, any employee of a lottery instant ticket supplier or central computer system supplier.

13.4 All ticket sales will be final except for tickets for cancellable games, which are PLAY 3, PLAY 4, Keno, and Multi-Win Lotto.

13.5 An Agent has the discretion to choose to refund to a customer the purchase price of a ticket from a cancellable game if the circumstances warrant such refund.

13.6 No Agent shall sell a ticket or share to any person under the age of eighteen (18) years, but this shall not be deemed to prohibit the purchase of a ticket or share for the purpose of making a gift by a person 18 years of age or older to a person less than that age. Any Agent who knowingly sells or offers to sell a lottery ticket to any person under the age of 18 years shall be subject to the penalties as provided in the Delaware Code.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-14.0 Types of Lotteries

14.1 The Lottery Office reserves the right to institute any type of lottery game as is allowable under the Delaware Code any time the Director deems it to be in the best interest of the State.

14.2 Rules and regulations concerning individual games will be promulgated by the Director as required.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-15.0 Manner of Random Selection

15.1 The dates, times, and locations for each Lottery drawing shall be determined by the Director.

15.2 The lottery events will be open to the public free of admission charge.

15.3 The Director shall define the manner of winning number selections for each game.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-16.0 Determination of Prize Winners

16.1 The Director shall adopt a prize structure for each type of lottery game administered by him and shall review, from time to time, the prize structure of each lottery game and, if advisable, revise said prize structure.

16.2 The Director may post on the Lottery Office's official website or publish in brochures the prize structure for each type of lottery game.

16.3 Any prize structure or prize revisions adopted by the Director will take effect on the date announced by the Director; provided, however, that no revision of the prize structure may take effect for the winner determination in the game after the initiated time for the sale of tickets.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-17.0 Notification of Prize Winners

As soon as practicable after each drawing, the Lottery Office shall post the winning lottery numbers on the Lottery Officeâ€™s official website. The Lottery Office shall maintain a database of all winning numbers, which database must be accessible to the public via the Lottery Office's official website.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-18.0 Procedure for Claiming Prizes

18.1 The following are the procedures by which prizes may be claimed and paid:

18.1.1 All cash prizes under an amount defined by the Director may be claimed through a duly-authorized claim center, which may be, but is not limited to, an Agentâ€™s licensed location or at the offices of the Division of Revenue. All cash prizes greater than $5,000.00 must be claimed at the Lottery Officeâ€™s main office location.

18.1.2 Each prize ticket winner may be required to complete a claim form and to sign the winning ticket (or both) at the discretion of the Director. If the prize ticket owner is a minor or a person unable to complete the required form(s), then said minor or person shall have his guardian, conservator, adult member of his household, or other proper representative complete the claim form in his stead. If the Director determines that the person who completed the claim form on behalf of the owner is not the proper person to claim the prize on behalf of the owner, the Director may require a new claim form be completed by a person to claim the true ownerâ€™s prize. The claim form must be in such form as the Director may, deem necessary and proper, from time to time, to protect the Lottery Office and the public interest.

18.1.3 Each prize ticket winner must present a physical paper ticket to claim a prize. In addition, a winner may be required to provide (i) a photo identification card that has the winner's name and current residential address and (ii) a Social Security card.

18.1.4 Agents shall review each winning ticket and must be assured that each ticket contains winning lottery numbers and is signed by the claimant. Agents shall validate winning tickets and pay to the winners the amount of winnings up to the limit set by the Director. If an Agent has any questions about the validity of a winning ticket, the ticket must be turned in to the Lottery Office for payment.

18.1.5 In addition to all other requirements in these Regulations, all winning tickets must be validated through the lottery terminal. A winning ticket must not be counterfeit in whole or in part and must be presented by a person authorized to play the Lottery. If an Agent pays any claim that was not for a winning ticket and the holder of the ticket fails to reimburse the Lottery Office or cannot be located, the Agent will be held responsible for the improper or erroneous payment. If a ticket is determined to be invalid, the Director will notify the claimant that said ticket is invalid, and no prize will be paid. All tickets will be considered void if altered, torn, misprinted, illegible or damaged unless the Director is satisfied that the ticket is genuine. If it is determined that a ticket contains a manufacturing defect or resulted from any system or terminal malfunction or from human error which makes said ticket appear to be a winner when in fact it is not, the bearer may receive reimbursement for the full purchase price of said ticket, but shall not be awarded any prize.

18.1.6 If a claimant is aggrieved by the Directorâ€™s denial of his claim or a prize, he may request an informal hearing with the Director to discuss his grievance and a reconsideration of his claim by the Director. If the Director concludes that there is meritorious basis for the claimantâ€™s complaint, he may revise his prior decision. If the Director concludes there is no meritorious basis for the claimant's complaint, the Director may finalized his decision in writing and deny the claim. The decision of the Director shall be final.

18.1.7 A winning ticket may be redeemed for a period of twelve (12) calendar months from the date of the drawing or event in which the prize was won. A winning instant scratch game ticket may be redeemed for a period of twelve (12) calendar months from the announced end of that gameâ€™s sales. If no person claims a prize for a winning ticket within such calendar year, the prize money will revert to the State Lottery Fund as mandated by the Delaware Code.

18.2 The Director reserves the right to offer special prizes above and beyond the normal prize structure. These prizes may be redeemable only for a specific time period after which no prize will be awarded. These special situations will be clearly detailed in announcements to the public so that there will be ample time for claims.

18.3 The Director may establish and modify procedures by which prizes may be claimed and paid by Agents.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-19.0 Ownership of Lottery Tickets

Until such time as a name is imprinted or placed upon the rear portion of the lottery ticket in an area designated for â€œnameâ€, a lottery ticket which has been sold will be owned by the physical possessor of said ticket. Unsold tickets remain the property of the Lottery Office. When a name is placed on the rear of said ticket in the place designated therefor, the person(s) whose name(s) appear in that area will be the owner(s) of said ticket and will be entitled to any prize attributed thereto. Unless there is a conflict between the information on the claim form and the signature(s) on the back of the ticket, the Lottery Office shall pay to the person(s) whose name(s) appear on the back of the ticket in the designated space; provided, however, if more than one name appears on the rear of the lottery ticket, one of those persons whose name appears thereon may be designated to receive payment. This may be done by indicating on the claim form and by the signature on the claim form of all persons whose names appear on the rear of the ticket. The person(s) appearing for payment must be the same as those whose name(s) appear on the rear portion of the lottery ticket in the designated space.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-20.0 Prize Rights Unassignable

No right of any person to a drawn prize shall be assignable, except that payment of any drawn prize may be paid to the estate of a deceased prize winner, and except that any person pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled. The Director shall be discharged of all liability upon payment of a prize pursuant to this section.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-21.0 Payment of Prizes to Persons Under 18 Years of Age

If the person entitled to a prize for any winning ticket is under the age of eighteen (18) years, and such prize is less than $5,000.00, the Director may direct payment of the prize by a check or draft payable to the order of the minor via delivery to an adult member of the minorâ€™s family or a guardian of the minor. If the person entitled to a prize for any winning ticket is under the age of eighteen (18) years, and the prize is $5,000.00 or more, the Director may direct payment of the prize to the minor by depositing the amount of the prize into a financial institution to the credit of an adult member of the minorâ€™s family or a guardian of the minor as a custodian in accordance with Delaware law. For the purposes of this section, the term â€œadult member of the minorâ€™s family,â€ â€œguardian of the minor,â€ and â€œfinancial institutionâ€ have the same meanings as stated in the Uniform Transfers to Minors Act, 29 Del.C. Ch. 45. The Director shall be discharged of all liability upon payment of a prize to a minor pursuant to this section.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-22.0 Prizes Payable After Death or Disability of Owner

All prizes or a portion thereof which remain unpaid at the time of the prize winnerâ€™s death will be payable to the prize winnerâ€™s estate. Payment by the Lottery Office to the estate of the deceased owner of any prize winnings will absolve the Lottery Office and any Agents of any further liability for payment of said prize winnings. Under no circumstances will the payment of prize money be accelerated beyond normal dates of payment by the Lottery Office. The Director reserves the right to petition any court of competent jurisdiction to request a determination for the payments of any prize winnings, including those winnings which are or may become payable to the estate of a deceased owner or an owner under a disability because of, but not limited to, minority of age, mental deficiency, or physical or mental incapacity. If the legatees, or heirs of a deceased owner entitled to prize winnings obtains an order from a court of competent jurisdiction directing payments due and to become due from the Lottery Office to be paid directly to said legatee(s) or heir(s) or otherwise directs the Lottery Office to make payments to another if an owner is disabled or otherwise, the Lottery Office shall pay the prize winnings accordingly.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-23.0 Payment of Prizes

23.1 All prizes will be paid within a reasonable time after the winning numbers are announced and after the claims are verified by the Director. For each prize requiring annual payments, all payments after the first payment will be made on the anniversary date of the first payment in accordance with the type of prize awarded. The Director may delay, at any time, any payment in order to review a change of circumstances relative to the prize awarded, the payee, the claim, or any other matter that may have come to his attention. All delayed payments will be made once the Director confirms the circumstances of the prize payment, and payments will continue to be paid on each original anniversary date thereafter.

23.2 The Lottery Office is a participating member of the Multi-State Lottery Association (MUSL) and the Mega Millions Product Group (M2G2). Neither the MUSL, M2G2, nor the member lotteries, including the Lottery, will be responsible or liable for changes in the advertised or estimated annuity prize amount and the actual amount purchased after the prize payment method is actually known to the MUSL or M2G2. In certain instances announced by the MUSL or M2G2, the Grand Prize will be an estimated amount and will be determined pursuant to MUSL or M2G2 rules and procedures.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-24.0 Discharge of State Lottery Upon Payment

The State of Delaware, its agents, officers, employees and representatives, and the Lottery Office, its Director, agents, officers, employees and representatives will be discharged of all liability upon payment of a prize or any one installment thereof to the holder of any winning lottery ticket or in accordance with the information set forth on the claim form supplied to the Director. If there is a conflict between the information on the winning lottery ticket and the information on the claim form, the Lottery Office may rely on the claim form after the ticket has been validated as a winning ticket and, in so doing, it will be relieved of all responsibility and liability in the payment of a prize in accordance with the information set forth therein. The Directorâ€™s decision and judgment in respect to the determination of a winning ticket or of any other dispute arising from payment or awarding of prizes will be final and binding upon all participants in the Lottery unless otherwise provided by law or these Regulations. If a question arises regarding the winning ticket, a claim form, the payment, or the awarding of any prize, the Director may deposit the prize winnings into an escrow fund until he determines a resolution of the controversy and reaches a decision, or the Director may petition a court of competent jurisdiction for instructions and a resolution of the controversy.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-25.0 Declaratory Rulings by the Lottery Office

25.1 On petition of any interested person, the Director may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule or statute enforceable by it, or the Director may refer such matters to the State Attorney General for such disposition.

25.2 In the case of any matter concerning which a Declaratory ruling is brought for appeal, the petitioner may be represented by an attorney.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-26.0 Postponement of Drawings

The Director may postpone any drawing to a certain time and publicize the new time of the drawing.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-27.0 Amendments

The Director may amend, modify, or otherwise change these Regulations upon full compliance with Delaware laws. Any amendments, modifications or changes will become as effective and applicable to Lotteryâ€™s business and administration as if part of the original Regulations.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-28.0 Determination of Suitability and Appeal Process

28.1 All applicants or licensees must contact the SBI to make arrangements for fingerprint processing. The SBI shall forward the results of the state and federal criminal history record checks to the attention of the Director in a confidential manner. The SBI shall also send to the Director any subsequently-obtained criminal history information of an applicant or licensee.

28.2 A fee is required for state and federal processing of criminal history records. Payment must be made in the form of a certified check, credit card, or money order. All applicants and licensees must directly pay the appropriate fee at the time the processing request is made.

28.3 All applicants must show proof of identification to complete the criminal history request.

28.4 If the Director decides that the applicant or licensee may receive a full license, the Lottery Office shall send the applicant or licensee a letter that confirms the Directorâ€™s decision to issue a full license.

28.5 SBI shall send to the Director certified copies of the applicantâ€™s or licenseeâ€™s criminal history and regular copies of the criminal history to the applicant or licensee.

28.6 All applicants and Agents shall notify the Lottery Office within seventy-two (72) hours of any changes in their criminal history information. The Lottery Office shall use this subsequent criminal history information in determining an applicant's suitability for licensure and an Agent's continued suitability as a licensee.

28.7 A person subject to 29 Del.C. Â§4807A shall have the opportunity to respond to the Director regarding any information obtained prior to a determination of suitability for licensure. Such a response must be made within ten (10) business days of the personâ€™s receipt of the criminal background information from the SBI. The determination of suitability for licensure shall be made by the Lottery Office pursuant to the factors listed in 29 Del.C. Â§Â§4830(a)-(e) in regard to an applicantâ€™s criminal history and the factors listed in Section 3.0 of these Regulations. The Lottery Office will also consider any other additional factors contained in 29 Del.C. Ch. 48 and the Regulations in considering applications for licensure.

28.8 The Lottery Office shall communicate the results of the determination of suitability in writing, within thirty (30) days of the receipt of the personâ€™s response to the criminal history information, unless extenuating circumstances require a longer period. If a determination is made to deny a person licensure, the person shall have an opportunity to appeal the denial decision as set forth in subsections 5.2 to 5.9 of these Regulations.

28.9 Confidentiality

28.9.1 All records pertaining to criminal background checks pursuant to 29 Del.C. Â§4807A and all copies of suitability determinations of applicants or licensees for licensure must be maintained in a confidential manner, including, but not limited to, the following:

28.9.1.1 Access to records of criminal background checks, letters of reference accompanying out-of-state criminal background checks, and determinations of suitability of applicants or licensees must be limited to the Director and designated personnel;

28.9.1.2 All such records shall be kept in locked, fireproof cabinets;

28.9.1.3 No information from such records may be released without the signed approval of, and appropriate signed release of, the applicant or licensee.

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

10 Del. Admin. Code § 202-29.0 Non-Discrimination on the Basis of Disability in Delaware Lottery Programs

29.1 Purpose

29.1.1 The ADA (42 U.S.C. Â§12131) prohibits discrimination on the basis of disability in the delivery of programs offered by any state or local government or other instrumentality of a state or local government. The purpose of this section is to ensure that the Lottery Office is in compliance with the ADA by ensuring that persons with disabilities have access to the lottery programs.

29.1.2 In defining the scope or extent of any duty imposed by these Regulations including compliance with the standard of accessibility defined in subsection 29.2.2, any higher or more comprehensive obligations established by otherwise applicable federal, state or local enactment may be considered.

29.2 General Requirements

29.2.1 Prohibition of discrimination. No Agent shall discriminate against any individual on the basis of a disability in the full and equal enjoyment of lottery-related goods, services, facilities, privileges, advantages, or accommodations of any Agentâ€™s facility.

29.2.2 Standard of accessibility. Each Agent is required to meet a standard of accessibility that enables people with disabilities, including those who use wheelchairs, to enter the Agentâ€™s facility and participate in the lottery program. All agents must provide an accessible route that is comprised of the following accessible elements:

29.2.2.1 Parking, if parking is provided to the general public;

29.2.2.2 Exterior route connecting parking (or a public way if no parking is provided) to an accessible entrance;

29.2.2.3 Entrance;

29.2.2.4 Interior route that connects the entrance to a service site.

29.2.3 Unless a permitted exemption exists, each element set forth in subsection 29.2.2 must meet the design standards set forth in the ADA Accessibility Guidelines (ADAAG), as applicable.

29.3 New License Applicants

29.3.1 License applicants. The Lottery Office shall inspect the site of all applicants for compliance with Section 29.0 of the Regulations prior to granting a license. The Lottery Office shall not grant a license to an applicant who is not in compliance with all of the requirements of Section 29.0.

29.3.2 If the ownership of an Agent changes, the Lottery Office shall treat such Agent as an applicant for a new license, and such applicant must comply with all of the requirements set forth in Section 28.0.

29.3.3 Inspection reports. The Lottery Office, prior to granting a license, shall provide lottery applicants with an inspection report that will identify barrier removal actions, if any, necessary to provide lottery program accessibility. The identified actions must be completed within 90 days of the receipt of the inspection report and prior to the granting of a license.

29.3.4 Extensions. The Director may grant an extension of up to 90 days to allow an applicant to complete barrier removal actions identified in the inspection report.

29.3.5 Any request for an extension must be in writing and must include specific reasons for an extension and supporting documentation.

29.3.6 The Director shall grant an extension to an applicant only upon a showing of good cause.

29.4 Permitted exemptions

29.4.1 The following exemptions to the requirements of this section may be granted by the Director. The Director shall review the circumstances and supporting documentation provided by the applicant to determine if the applicantâ€™s request for an exemption should be granted. The Director will determine the type and scope of documentation required for each exemption classification. All decisions made by the Director will be final. Any applicant whose request for an exemption is denied by the Director shall be required to satisfy the requirements of these Regulations as a condition for maintaining its eligibility for a license.

29.4.1.1 Historic properties. To the extent a historic building is exempt under federal law, and if barrier removal would threaten or destroy the historic significance of the structure, the requirement of this section will not apply to a qualified historic building or facility that is listed in or is eligible for listing in the National Register of Historic Places under the National Historic Preservation Act or is designated as historic under state or local law.

29.4.1.2 Legal impediment to barrier removal. Any law, act, ordinance, state regulation, ruling or decision which prohibits any applicant from removing a structural impediment or from making a required improvement to the facility may be the basis for an exemption to this section. An applicant who requests an exemption for a legal impediment will not be required to formally seek a zoning variance to establish such impediment, but the applicant will be required to document that it has applied for and has been refused whatever permit(s) are necessary to remove the identified barrier(s).

29.4.1.3 Landlord refusal. An exemption may be granted based on the refusal of a landlord to grant permission to an applicant and/or to pay to make improvements required by the Lottery Office under this section, or based on the refusal of a landlord to pay for improvements required by the Lottery Office under this section. The exemption shall apply only to the applicantâ€™s current term and does not include any possible renewal periods under the lease. To request such an exemption, the applicant must submit documentation to the Director to show that the applicant requested the landlordâ€™s permission and financial participation to make the required structural improvements, that such request was denied by the landlord, and the reasons for the denial. In making a decision on the exemption request, the Director shall take into consideration, but not be limited to, the sufficiency of the reasons provided by the landlord for denying the applicantâ€™s request.

29.4.1.4 Undue financial hardship. A limited exemption may be granted if there is a change of ownership of an Agent and the applicant can demonstrate that the cost of removing a structural barrier or of making the required structural modification(s) to the applicantâ€™s facility is an undue financial hardship in that the cost of making such a change or changes exceeds 25% of the locationâ€™s compensation from the Lottery Office for the prior calendar year. An annualized sales figure based upon the previous ownerâ€™s most current 13-week sales period will be used for those retailer locations with less than a full yearâ€™s history of sales. Under the terms of this limited exemption, an applicant would be required to annually save, set aside, or spend an amount for those improvements and modifications that are approximately equal to 25% of the total compensation earned from the Lottery Office in the prior calendar year. This requirement would continue on a year-to-year basis until all the improvements and modifications required by this section have been completed. An applicant shall provide all supporting documentation requested by the Director to substantiate the cost estimates of making the required improvements to the applicantâ€™s location.

29.4.1.5 Technical Infeasibility. An exemption may be granted if an applicant can demonstrate that the removal of architectural barriers identified in the inspection report is not possible due to technical infeasibility. If such a claim is made, the Lottery Office may have the barrier removal action evaluated by a person knowledgeable in accessibility codes and construction to determine the merits of the claim.

29.4.1.6 Alternative methods. If an exemption is granted in accordance with the provisions of this section, the applicant shall make the lottery-related goods and services available through alternative methods. Examples of alternative methods include, but are not limited to:

29.4.1.6.1 Providing curb service;

29.4.1.6.2 Having an accessible service window;

29.4.1.6.3 Having an accessible doorbell;

29.4.1.6.4 Directing customers by signage to the nearest accessible lottery retailer.

29.5 An aggrieved party may file an accessibility complaint concerning accessibility to the lottery programs with the U.S. Department of Justice or the State Human Relations Commission with a copy to the Director. Regardless of whether a complaint has been filed, the agency will issue a letter of non-compliance within 30 days after the completion of an onsite inspection of the Agentâ€™s or licenseeâ€™s facility if the agency determines that the Agent or licensee is not in compliance with this subsection.

29.6 If a letter of non-compliance shows deficiencies in the accessibility of the retailer facility, the Agent shall submit a plan to the agency within 30 days of the issuance of the letter of non-compliance. The plan shall describe in detail how the Agent will achieve compliance with this section. Compliance shall be accomplished within 90 days of the letter of non-compliance. The Lottery Office may, upon request and for good cause, grant the Agent additional time to submit the plan.

29.7 Within 20 days of the submission of the compliance plan to the agency, the Lottery shall notify the Agent of the agencyâ€™s acceptance or rejection of the plan. If the plan is rejected, the notification shall contain the reasons for rejection of the plan and the corrections needed to make the plan acceptable to the Lottery Office. If the Agent agrees to make the required corrections, the Lottery Office shall accept the plan as modified.

29.8 If an Agent fails to submit a plan within 30 days of issuance of the letter of non-compliance and has not requested an extension of time to submit a plan, the Lottery Office may proceed to initiate termination proceedings.

29.9 If approved, the plan must be completely implemented within 60 days of the agencyâ€™s notice of approval. The Lottery Office may, upon request, grant the Agent additional time for good cause. Notice of any extension will also be sent to the complainant, if applicable. Any such extension will commence immediately upon expiration of the first 60 day period.

29.10 If the corrective action taken by the Agent corrects the deficiencies specified in the letter of non-compliance as originally issued or as later revised or reissued or if the onsite inspection of the lottery retailer facility reveals compliance with this regulation, the Lottery Office will issue a notice of compliance. Until this notice is issued, a complaint will be considered pending.

29.11 Failure to make the identified modifications in compliance with the accessibility standards and within the required time period will result in the initiation of proceedings to suspend or revoke the lottery license by the agency.

29.12 A license will be suspended if the Lottery Office determines that the Agent has made significant progress toward correcting deficiencies listed in the compliance report, but has not completed implementation of the approved compliance plan. If the Lottery determines that the Agent has not made a good faith effort to correct the deficiencies listed in the compliance report, this inaction will result in the revocation of the lottery license for that lottery licensed facility.

29.13 While proceedings to suspend or revoke an Agentâ€™s license are pending pursuant to this regulation, and until a notice of compliance is issued pursuant to subsection 29.10, the Lottery Office shall withhold incentive payments from the Agent. In addition, if a license is revoked pursuant to this section, and incentive payments and other privileges have been withheld from the affected Agent pending review of the complaint, the Agent forfeits any claim to such incentive payments or other privileges.

29.14 Request for Hearings

29.14.1 If the Lottery Office proposes the denial of an application for a license or the suspension or revocation of an Agent's license pursuant to this section, the agency shall give the applicant or Agent written notice of the time and place of the administrative hearing not later than thirty (30) days before the date of the hearing.

29.14.2 All relevant rules of evidence and time limits established in these rules shall apply to hearings conducted under this regulation.

29.15 Any remedies established by these Regulations are not intended to supplant, restrict or otherwise impair a personâ€™s resort to remedies otherwise available under law, including those authorized by the ADA, the federal regulations of 29 C.F.R Â§Â§ 35.173, 35.175, and 35.176, and the provisions of 6 Del.C. Â§4508(g) and (h).

History

22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
22 DE Reg. 494 (12/01/18)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)
3 DE Reg. 523 (10/01/99)
3 DE Reg. 951 (01/01/00)
4 DE Reg. 498 (09/01/00)
10 DE Reg. 1821 (06/01/07)
20 DE Reg. 370 (11/01/16)
22 DE Reg. 494 (12/01/18)

205 Charitable Video Lottery Rules and Regulations

10 Del. Admin. Code § 205-1.0 Introduction: Role of State Lottery Office

These regulations are authorized pursuant to 29 Del.C. §§4819A and 4805(a)(14), (a)(20), (a)(33), and (b)(14) of Title 29 of the Delaware Code. Charitable Video Lottery operations in the State of Delaware are strictly regulated by the Delaware State Lottery Office through the powers delegated to the Director of the Lottery pursuant to Title 29 of the Delaware Code.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-2.0 Definitions

"Agency" or "lottery office" means the Delaware State Lottery Office created pursuant to 29 Del.C. Ch. 48.

"Agent" or "licensed agent" or "charitable video lottery agent" means any person licensed by the Director of the agency to conduct charitable video lottery operations.

"Applicant" means any person applying for a license authorized under these rules.

"Background investigation" means the security, fitness and background checks conducted of an applicant.

"Certification" means the authorization by the lottery office in accordance with its inspection and approval process of charitable video lottery machines, such certification to relate to either hardware or software.

"Charitable gaming organization" means an (i) organization that was in existence as of January 1, 2013, and qualifies as a fraternal or veterans organization with national affiliation or (ii) an organization that was in existence as of January 1, 2013, and whose membership consists primarily of veterans honorably discharged or active duty service members.

"Charitable gaming vendor" means any person who supplies goods or services relating to the manufacture, operation, maintenance, security, distribution, service or repair of charitable video lottery machines.

"Charitable video lottery" means any lottery with an aggregate progression prize or prizes and conducted with a charitable video lottery machine or a linked charitable video lottery machine.

"Charitable video lottery facility" means a building containing a gaming room or rooms that is located on the premises of a charitable video lottery agent.

"Charitable video lottery machine" means any machine that (i) may use spinning reels or video displays or both, and (ii) in which coins, bills, electronic credits, or tokens are deposited by a player in order to play any game of chance in which the results, including options available to the player, are randomly determined by the machine, and (iii) may or may not dispense coins or tokens directly to a winning player.

"Credit" means the opportunity provided to a player to play a video game or redeem the credit for cash.

"Credit slip" means the receipt issued from a charitable video lottery machine for payment of credits by an agent.

"DGE" means the Division of Gaming Enforcement of the Department of Safety and Homeland Security, as authorized by the Delaware Code.

"Director" means the Director of the Delaware State Lottery Office as established by Title 29, Chapter 48 of the Delaware Code.

"Gaming" means the operating, carrying on, maintaining or exposing for play any charitable video lottery machine in a licensed agent's gaming area.

"Gaming area" means a location in a charitable video lottery facility where gaming activity is conducted at charitable video lottery machines.

"License" means the authorization granted by the agency which permits an applicant to engage in defined charitable video lottery activities either as an agent or a charitable gaming vendor.

"License application" means the process by which a person requests licensing for participation in charitable video lottery operations.

"Licensee" means any person authorized by the Director to participate in charitable video lottery operations.

"Lottery" means the public gaming system or games established and operated by the lottery office.

"Lottery Commission" means the Lottery Commission of the State of Delaware as established by 29 Del.C. §4837.

"MEAL" means a written Machine Entry Authorization Log stored inside the charitable video lottery machine.

"Net charitable video lottery game proceeds" means the total amount of credits or cash played less the total amount of credits or cash won by the players and does not include (i) sums withheld from players' winnings for tax liabilities incurred by the players or (ii) amounts held in reserve for large or progressive prizes yet to be won by players.

"Officer" means (i) as to a charitable gaming organization, an individual who is an elected or designated member of the charitable gaming organization or an individual who will assume responsibility for the charitable gaming organization and (ii) as to a charitable gaming vendor, an individual who is a president, vice president, member, member-manager, partner, trustee, or other designated individual who has the legal power and authority to make management decisions for the charitable gaming vendor.

"Owner" means a person who owns, directly or indirectly, 10% or more of an applicant or licensee.

"Person" means an individual, a partnership, a corporation or any other type of business entity or legal entity.

"Player" means an individual who plays on a charitable video lottery machine.

"Premises" means the building and grounds occupied by a licensed agent where the agent's charitable video lottery operations occur or support facilities for such operations exist, such as facilities for the service of food or drink, including those areas not normally open to the public, such as areas where records related to charitable video lottery operations are kept.

"Video game" means any game played on a charitable video lottery machine, including, but not limited to, a variation of poker, blackjack, instant or line-up games.

"Video game event outcome" means the result of a video game achieved by a player at a charitable video lottery machine.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-3.0 Licensing of Agents

3.1 Any applicant desiring to obtain a license to act as an agent shall apply to the agency on forms specified by the Director. Application forms shall require the applicant to provide the following, without limitation:

3.1.1 The applicant's full legal name, address, type of organization (fraternal or veterans), organizational identification number or Federal Employer's Identification Number (FEIN); and the names, addresses, social security numbers and dates of birth of all officers of the applicant's organization.

3.1.2 Certified copies of the applicant's certificate of incorporation, certificate of formation, or a certificate of good standing, and other documents that constitute or explain the legal organization of the applicant.

3.1.3 Any and all other information as the Director may require to determine the competence, honesty and integrity of the applicant as required by Title 29, Chapter 48 of the Delaware Code.

3.2 The application, as well as other documents submitted to the agency by or on behalf of the applicant for purposes of determining the qualifications of the applicant, shall be sworn to or affirmed before a notary public.

3.3 Upon request of the agency, the applicant shall supplement the information provided in the application as deemed necessary by the agency. The applicant shall furnish all information, including financial data and documents, certifications, consents, waivers, individual history forms, tax returns, cancelled checks or other materials required or requested by the agency for purposes of determining the qualifications of the applicant.

3.4 To the extent, if any, that the information supplied in the application, or otherwise supplied by the applicant or on the applicant's behalf, becomes inaccurate or incomplete, the applicant shall so notify the agency in writing as soon as it is aware that the information is inaccurate or incomplete and shall at that time supply the information necessary to correct the inaccuracy or incompleteness of the information.

3.5 The applicant shall cooperate fully with the agency and the DGE with respect to the applicant's background investigation. Among other things, the applicant, upon request, shall make available any and all of its books or records for inspection by the agency or the DGE.

3.6 As soon as the agency has determined that the application is complete, it shall forward the same to the DGE, which shall, as soon as practicable, undertake and complete the background investigation of the applicant and its officers and report its findings to the agency.

3.7 The Director shall weigh the following factors in his or her evaluation of the application:

3.7.1 The criminal background, if any, of the applicant or any of its officers. No license shall be issued to any applicant if any of the persons identified on the application have been convicted, within 10 years prior to the filing of the application, of any felony, a crime of moral turpitude or a crime involving gambling.

3.7.2 The degree to which the applicant has supplied accurate and complete information pursuant to the requirements of these rules.

3.7.3 The extent to which the applicant has cooperated with the agency and the DGE in connection with the background investigation.

3.7.4 Whether the person, or any of its officers, are known to associate with persons of nefarious backgrounds or disreputable character such that the association could adversely affect the general credibility, security, integrity, honesty, fairness or reputation of the lottery office.

3.7.5 With respect to any past conduct which may adversely reflect upon the applicant, the nature of the conduct, the amount of time that has passed since the conduct, the frequency of the conduct and any extenuating circumstances that affect or reduce the impact of the conduct or otherwise reflect upon the applicant's fitness for the license.

3.7.6 The extent, if any, to which the applicant has failed to comply with any applicable tax laws of the federal, state or local governments.

3.7.7 Any other information before the Director, including substantially similar background investigations performed by other agencies or jurisdictions, which relates to the applicant's competency, financial capability, honesty, integrity, reputation, habits, or associations.

3.8 A license shall be issued to the applicant if the Director is satisfied, upon consideration of the factors specified in subsection 3.7, that the applicant would be a fit agent and not pose a threat to the public interest, the reputation of the lottery office, or the effective control of the lottery office.

3.9 The granting of any license to an agent or the renewal of an agent's license is subject to the following conditions:

3.9.1 Operation pursuant to a license issued under these rules shall signify agreement by the agent to abide by all provisions of these rules and the requirements of Delaware and federal laws and regulations.

3.9.2 The agent shall at all times make its premises available for inspection during all operational hours by authorized representatives of the agency or the DGE personnel. The lottery office and the DGE shall be authorized to enter the premises and to access any charitable video lottery machines or records of the agent without acquiring a warrant.

3.9.3 To the extent permitted by law, an agent accepts all risks of adverse public notice, embarrassment, criticism, damages, or financial loss which may result from any disclosure or publication of material or information supplied to the agency in connection with the application for the agent's operations.

3.9.4 An agent shall immediately notify the agency of any proposed or effective change regarding the makeup of the officers who assume responsibility of the agent.

3.9.5 An agent has a continuing duty to maintain suitability for licensure. A license does not create a property right, but is a revocable privilege that is contingent upon the agent's continuing suitability for licensure.

3.9.6 An agent may not transfer, assign, or pledge as collateral any license to which it has been granted. If, after the Director has issued a license to an agent, the agent's organization loses its good standing with the State of Delaware or if any other action occurs which causes the agent to no longer qualify as a Charitable Gaming Organization as defined in 29 Del.C. §4803(a), the agent's license will automatically terminate 90 days after such event.

3.10 To the extent provided by law, any information obtained pursuant to this Section 3 shall be held in confidence and not subject to the Delaware Freedom of Information Act, 29 Del.C. Ch. 100.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-4.0 Licensing of Charitable Gaming Vendors

4.1 Any person who expresses an interest in being selected to be a charitable gaming vendor must file an application for a charitable gaming vendor license in accordance with these rules.

4.2 A charitable gaming vendor shall be licensed in accordance with these rules prior to conducting any business with the lottery office or any charitable video lottery agent; provided, however, that upon a finding of good cause by the Director for each business transaction, the Director may permit an applicant for said license to conduct business transactions prior to the issuance of the license.

4.3 Each person desiring to obtain a license from the agency as a charitable gaming vendor shall submit a license application on a form specified and supplied by the agency. The license application shall, among other things:

4.3.1 Give notice that the applicant will be required to submit to a background investigation.

4.3.2 Require the applicant to supply specified information and documents related to the applicant's fitness and the background of its owners.

4.3.3 Require the applicant to disclose its legal name and its type of business entity (e.g., general or limited partnership, corporation, etc.).

4.4 The Director shall weigh the following factors in his or her evaluation of the application:

4.4.1 The criminal background, if any, of the applicant or any of its officers. No license shall be issued to any applicant if any of the persons identified on the application have been convicted, within 10 years prior to the filing of the application, of any felony, a crime of moral turpitude or a crime involving gambling.

4.4.2 The degree to which the applicant has supplied accurate and complete information pursuant to the requirements of these rules.

4.4.3 The extent to which the applicant has cooperated with the agency and the DGE in connection with the background investigation.

4.4.4 Whether the person, or any of its officers, are known to associate with persons of nefarious backgrounds or disreputable character such that the association could adversely affect the general credibility, security, integrity, honesty, fairness or reputation of the lottery office.

4.4.5 With respect to any past conduct which may adversely reflect upon the applicant, the nature of the conduct, the amount of time that has passed since the conduct, the frequency of the conduct and any extenuating circumstances that affect or reduce the impact of the conduct or otherwise reflect upon the applicant's fitness for the license.

4.4.6 The extent, if any, to which the applicant has failed to comply with any applicable tax laws of the federal, state or local governments.

4.4.7 Current prosecution for any offense listed in subsection 4.4.1; provided, however, that, at the request of the applicant, the Director shall defer his or her decision on the application during the pendency of the charge.

4.4.8 Any other information before the Director, including substantially similar background investigations performed by other agencies or jurisdictions, which relates to the applicant's competency, financial capability, honesty, integrity, reputation, habits, or associations.

4.5 A license shall be issued to the applicant if the Director is satisfied, upon consideration of the factors specified in subsection 4.4, that the applicant would be a fit agent and not pose a threat to the public interest, the reputation of the lottery, or the effective control of the lottery.

4.6 Charitable gaming vendors shall have a valid license to conduct business in the State of Delaware, shall comply with all applicable tax provisions, and shall be qualified to conduct business in Delaware in all other respects.

4.7 Each charitable video lottery machine certified by the Director shall bear a unique serial number and shall conform to the machine model certified by the Director.

4.8 Charitable gaming vendors shall hold harmless the agency, the State of Delaware, and their respective officers and employees for any claims, loss, cost, damage, liability or expense, including, without limitation, legal expense arising out of any hardware or software malfunction resulting in the wrongful award or denial of credits or cash.

4.9 A charitable gaming vendor shall not distribute a charitable video lottery machine for placement in the state unless the charitable video lottery machine has been approved by the agency. Only charitable gaming vendors may apply for approval of a charitable video lottery machine or associated equipment.

4.10 The charitable gaming vendor is responsible for the assembly and initial operation, in the manner approved and licensed by the agency, of all of its charitable video lottery machines and associated equipment. The charitable gaming vendor may not change the assembly or operational functions of any of its charitable video lottery machines approved for placement in Delaware unless a "request for modification to an existing charitable video lottery machine prototype" is made to the agency. Such request must contain all appropriate information relating to the type of change, the reason for the change, and all supporting documentation that may be required. The agency must approve such request prior to any changes being made, and the agency reserves the right to require second testing of charitable video lottery machines after modifications have been made.

4.11 The following ongoing duties are required of all licensed charitable gaming vendors, without limitation:

4.11.1 Promptly report to the agency any violation, or any facts or circumstances that may result in a violation, of state or federal law and/or any rules or regulations adopted pursuant thereto.

4.11.2 Conduct charitable video lottery operations in a manner that does not pose a threat to the public health, safety, or welfare of the citizens of Delaware, or reflect adversely on the security or integrity of the lottery office.

4.11.3 Hold the agency, the Director, the State of Delaware, and its officers and employees harmless from, and defend and pay for the defense of, any and all claims that may be asserted against the agency, the Director, the State of Delaware, and its officers and employees that may arise from the charitable gaming vendor's operation of a charitable video lottery machine, except claims arising from the negligence or willful misconduct of the agency, the Director, the State of Delaware, or its officers or employees.

4.11.4 Maintain all records required to be kept by charitable gaming vendors according to Delaware laws and regulations as well as these rules and any federal laws or regulations.

4.11.5 Notify the Director of any change in ownership. The failure of any new owner to satisfy a background investigation may constitute "cause" for the suspension or revocation of the license.

4.11.6 Supervise its employees and their activities to ensure compliance with these rules.

4.11.7 Comply with all legal requirements of Delaware law and federal laws, including, without limitation, statutes, regulations, orders, these rules, and all of the terms of any contractual agreements entered into with the agency as well as such other requirements as shall be specified by the Director.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-5.0 Agents: Duties

5.1 The following ongoing duties are required of all licensed agents:

5.1.1 Provide a secure location for the placement, operation, and play of all authorized charitable video lottery machines located on the licensed agent's premises.

5.1.2 Permit no person to tamper with or interfere with the approved operation of any authorized charitable video lottery machine or other gaming equipment without prior written approval of the agency, unless otherwise directed by the lottery office.

5.1.3 With respect to charitable video lottery operations, contract only with licensed charitable gaming vendors for the supply of charitable video lottery machines or associated equipment authorized by the agency to participate in charitable video lottery operations within the State of Delaware.

5.1.4 Ensure that no charitable video lottery machine or associated equipment or any other related accessory may be used in a charitable video lottery facility if the machine, equipment, or supplier of the machine or equipment has not been previously approved by the agency.

5.1.5 Ensure authorized charitable video lottery machines are placed and remain as placed, unless the agency authorizes their movement within the sight and control of the agent or a designated employee who is physically present at the time of movement.

5.1.6 Monitor players who use charitable video lottery machines and prevent access to, or use by:

5.1.6.1 Players who are under the age of 21 years,

5.1.6.2 Players who are intoxicated, or

5.1.6.3 Players whom the agent has reason to believe are intoxicated.

5.1.7 Prohibit use of charitable video lottery machines by players who are barred by law or who self-barred themselves from playing any charitable video lottery machine.

5.1.8 Commit no violations of the laws of this State concerning the sale, dispensing, and consumption on the premises of alcoholic beverages that result in suspension or revocation of an alcoholic beverage license.

5.1.9 Maintain at all times sufficient cash in denominations accepted by the charitable video lottery machines located on the premises.

5.1.10 Report promptly all charitable video lottery machine malfunctions to the appropriate charitable gaming vendor and agency and notify the agency of any failure of a charitable gaming vendor to provide service and repair of such charitable video lottery machines and associated equipment.

5.1.11 Assume responsibility for the proper and timely payment to players of cash or credits awarded.

5.1.12 Prohibit the possession, use or control of gambling paraphernalia on the premises which is not directly related to the agent's charitable video lottery operations and prohibit illegal gambling on the premises.

5.1.13 Attend all meetings, seminars, and training sessions required by the agency.

5.1.14 Supervise its employees and their activities to ensure compliance with these rules.

5.1.15 Assume responsibility for the proper and immediate redemption of all credits; however, no credits may be redeemed by an individual under the age of 21 years. No credits or prizes may be redeemed by or for any individual who is illegally on the agent's premises or individuals who have requested that they be self-banned from the agent's premises.

5.1.16 Provide dedicated power and a proper charitable video lottery machine environment in accordance with the specifications of the agency.

5.1.17 Immediately report to the agency any violation, or any facts or circumstances that may result in a violation, of state or federal law and/or any rules or regulations pursuant thereto by the agent, its employees, or anyone acting on behalf of the agent, excluding violations concerning motor vehicle laws.

5.1.18 Conduct charitable video lottery operations in a manner that does not pose a threat to the public health, safety, or welfare of the citizens of Delaware, or reflect adversely on the security or integrity of the lottery office.

5.1.19 Hold the agency, the Director, the State of Delaware, and its officers and employees harmless from, and defend and pay for the defense of, any and all claims that may be asserted against the agency, the Director, the State of Delaware, and its officers and employees that may arise from the agent's participation in or the operation of a charitable video lottery machine, except claims arising from the negligence or willful misconduct of the agency, the Director, the State of Delaware, or its officers or employees.

5.1.20 Maintain all records required to be kept by agents according to Delaware laws and regulations as well as these rules and all federal laws and regulations.

5.1.21 Provide at the request of the Director or the DGE immediate access to the premises and to all records related to any aspect of these rules.

5.1.22 Keep current on all payments, tax obligations and other obligations to the agency and other licensees with whom charitable video lottery business is conducted. The agent shall pay the players and transfer the net charitable video lottery game proceeds to the agency in conformity with the requirements set forth in these rules and 29 Del.C. Ch. 48.

5.1.23 Comply with such other requirements as shall be specified by the Director.

5.1.24 Notify the Director on a continuing basis of any change in officers assuming responsibility of the agent.

5.1.25 Comply with all requests for a background investigation. The failure of any officer of the agent to satisfy a background investigation may constitute "cause" for the suspension or revocation of the agent's license; provided, however, that the agency will first give an agent a reasonable opportunity to remove or replace such individual if the agent was unaware of such "cause" prior to the background investigation.

5.1.26 Comply on a continuing basis with the requirements for obtaining or retaining a license under the provisions of these rules and 29 Del.C. Ch. 48.

5.1.27 Immediately notify the DGE and the agency about, and submit any evidence of, any charitable video lottery machine or related equipment which has been, or there is reasonable suspicion that it may have been, tampered with or altered in such a way that the integrity or conformity of the charitable video lottery machine or related equipment may have been affected.

5.1.27.1 Any agent who has retained any charitable video lottery machine or related equipment under a reasonable suspicion that said machine or equipment was tampered with or altered, or who has retained any equipment or device of those specified in these rules under a reasonable suspicion that said equipment or device was introduced or was used or intended to be used in the charitable video lottery facility in violation of the law or these rules, shall keep said machine, equipment, or device in the state in which it was found when it was retained and shall deliver said machine, equipment or device to a representative of the DGE as soon as possible.

5.1.27.2 Any agent who has retained any charitable video lottery machine or related equipment or other devices as set forth in subsection 5.1.27.1 shall be responsible for ensuring that any such machine, equipment or other device, and any evidence related to the same which should be submitted to the DGE, is maintained in a secure manner until the arrival of an authorized representative of the DGE.

5.1.28 Immediately notify the DGE about any illegal or suspicious activities that occur or are occurring in the agent's charitable video lottery facility or premises that relate to the safety, security or gaming operations of the facility or premises. An agent shall also immediately notify the DGE of any illegal or suspicious activities that occur outside of the charitable video lottery facility or premises that relate to the safety, security or gaming operations of the charitable video lottery facility or premises.

5.1.29 Immediately notify the DGE if anyone acting on behalf of the agent physically detains a person suspected of a violation of 11 Del.C. §1471.

5.1.30 Annually submit to the agency the following items by the due dates set forth below:

5.1.30.1 By February 28 of each year, a membership affidavit form, which the agency will provide to the charitable video lottery agent, that lists the total number of the agent's active members. This affidavit is required only for those charitable video lottery agents that wish to operate more than the minimum 10 charitable video lottery machines. The agent must ensure that the membership affidavit form has been notarized by a notary public;

5.1.30.2 By March 31 of each year, a charitable donations report form, which the agency will provide to the charitable video lottery agent, that lists the agent's charitable donations for the preceding calendar year; and

5.1.30.3 Between December 1 and December 31 of each year, a written confirmation that the charitable video lottery agent has registered with the U.S. Department of Justice, which confirmation may be forwarded to the agency by electronic mail.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-6.0 Game Requirements

6.1 Each charitable video lottery machine shall display the amount wagered and the amount awarded for each possible winning occurrence based on the number of credits wagered.

6.2 Each player shall be at least 21 years of age. If an underage player attempts to claim a prize, the charitable video lottery agent shall treat the play of the game as void, and the underage player will not be entitled to any prize won or a refund of amounts bet. If an individual illegally on the premises or a self-barred individual attempts to claim a prize, the agent shall also treat the play of the game as void, and the individual shall not be entitled to any prize won or a refund of amounts bet.

6.3 No individual may play or attempt to play credits on a charitable video lottery machine that were won by another player on that machine and inadvertently or accidentally left on the machine by the original player. Any such play of another player's credits shall be treated as void, and the individual who plays another player's credits that were accidentally left on the machine shall not be entitled to any prize won or a refund.

6.4 No agent shall make a payment for a credit slip or a prize claim form for a prize awarded on a charitable video lottery machine unless the credit slip:

6.4.1 Is presented on a fully legible, valid, and printed credit slip on paper approved by the agency;

6.4.2 Is not mutilated, altered, unreadable, or tampered with in any manner, and no one else has previously been paid for the same credit slip;

6.4.3 Is not counterfeit in whole or in part; and

6.4.4 Is presented by an individual authorized to play on a charitable video lottery machine.

6.5 The management of each agent shall designate employees who will be authorized to redeem credit slips during the agent's hours of operation. Credits shall be immediately paid in cash or by check when a player presents a credit slip for payment that meets the requirements of this section.

6.6 Agents may redeem credit slips only for credits awarded on charitable video lottery machines located on its premises. The agency and the State of Delaware are not liable for the payment of any credits on any credit slips.

6.7 All credit slips redeemed by an agent shall be marked or defaced in a manner that prevents any subsequent presentment and payment.

6.8 The agency and the State of Delaware are not responsible for any malfunction of any charitable video lottery machine or for any error by the agent that causes credit to be wrongfully awarded or denied to players.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-7.0 Accounting and Distribution Procedures; Forms, Records, and Documents

7.1 Each agent and charitable gaming vendor shall submit to the Director such financial and operating information as the Director shall require and at such times and in such format as the Director shall specify.

7.2 The agency may periodically prescribe a set of standard reporting forms and instructions to be used by each agent for filing reports.

7.3 The agency or its designated delegates shall have the right to audit the agent's books and records including, without limitation, tax returns and IRS withholding and reporting records of any agent and each charitable gaming vendor. To such end, the agents and charitable gaming vendors shall fully cooperate with whomever undertakes the audit.

7.4 The net charitable video lottery game proceeds returned to the State shall be remitted weekly, bi-weekly or monthly to the agency at the discretion of the Director through the electronic transfer of funds to an EFT account. To the extent, if any, that such weekly, bi-weekly or monthly remission cannot be achieved due to the unavailability of bank services, the remission shall be made on the first day that such services are available. Agents shall furnish to the agency all information and bank authorizations required to facilitate the timely transfer of monies to the agency. Agents shall provide the agency 30 days advance written notice of any proposed account changes in order to assure the uninterrupted electronic transfer of funds.

7.5 The agency is not responsible for resolving discrepancies caused by differences between actual money collected and the amount shown on the accounting meters or billing statement. Further, the agency is not responsible for the loss or theft of money prior to its deposit in the agency's account in the bank.

7.6 Agents shall comply with all prescribed federal requirements for tax withholding, recording and reporting, including, without limitation, those requirements relating to the transfer of funds withheld from player winnings from the agents to the tax authorities.

7.7 Any discrepancy regarding settlement of accounts will be resolved by the Director as he or she deems appropriate.

7.8 All information required to be placed on any form, record, or document shall be recorded on such form, record, or document in ink or other permanent form.

7.9 Each agent shall maintain complete, accurate, and legible records of all transactions pertaining to revenue and gaming activities. Each agent shall maintain detailed, supporting, subsidiary records sufficient to meet financial reporting requirements prescribed by the Director. Each agent shall also establish an inventory system of retained financial documents that facilitates their preservation and makes them readily available for review or copying by regulatory authorities and other authorized individuals or groups and also provides procedures for destruction.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-8.0 Maintenance of Charitable Video Lottery Machines

8.1 No charitable video lottery machine may be placed in operation in Delaware until the agent has provided its personnel with sufficient and appropriate training in the service and repair of each model of its approved charitable video lottery machines.

8.2 Each charitable gaming vendor shall service and maintain its charitable video lottery machines, the software for such machines, and any associated equipment in the manner and condition required by the agency and in accordance with its contractual arrangements.

8.3 A MEAL book shall be kept within the main cabinet access area in each charitable video lottery machine. Every person, including agency personnel, who gains entry into any internal space of a charitable video lottery machine shall sign the MEAL book, indicate the time and date of entry, and the reason for entry. The MEAL books shall be retained by the agents for a period of 3 years from the date of the last entry. The MEAL books shall be made available upon request for inspection by the agency.

8.4 Charitable gaming vendors shall provide the agency or its designee upon request with a master key for access into each locked compartment of each charitable video lottery machine placed in operation (i.e., cash box, main cabinet, logic box, etc.).

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-9.0 Transportation, Registration, and Location of Charitable Video Lottery Machines

9.1 No person shall ship or transport a charitable video lottery machine into or out of the State without first obtaining a written authorization for such transport from the Director or designee. An owner of a charitable video lottery machine or a licensed charitable gaming vendor may arrange for the transportation of a charitable video lottery machine within the State of Delaware only with the concurrence of the Director. No owners or licensed charitable gaming vendors may authorize the transportation of any charitable video lottery machines at any time without agency approval. Any person transporting a charitable video lottery machine from one location to another within the State shall notify the agency in writing prior to the transportation of said machine.

9.2 Requests to transport charitable video lottery machines must include, on a form provided by the agency, the following information:

9.2.1 The full name and address of the person who is requesting the transportation of the charitable video lottery machine and the method of transportation, including the full name and address of any shipping company, if applicable;

9.2.2 The reason for transporting the charitable video lottery machine;

9.2.3 The full name and address of the owner of the charitable video lottery machine and the address of where the charitable video lottery machine is currently located;

9.2.4 The full name and address of the person to whom the charitable video lottery machine is being sent and the destination of the charitable video lottery machine, if different from the recipient's address;

9.2.5 The total number of machines being transported along with each charitable video lottery machine's serial and model numbers (if applicable).

9.2.6 The manufacturer of the charitable video lottery machine; and

9.2.7 The expected transportation date and delivery date and time of installation of the charitable video lottery machine.

9.3 If the charitable video lottery machine will not be placed in operation, the charitable gaming vendor shall notify the agency of the address where said terminal is to be warehoused or otherwise kept. Prior to use, the storage facility may be inspected and approved for charitable video lottery machine storage by the agency.

9.4 Project Request Form

9.4.1 An agent or licensed charitable gaming vendor must complete and submit to the lottery office a project request form whenever an agent or licensed charitable gaming vendor seeks approval for the movement of charitable video lottery machines or for other modifications or changes to charitable video lottery machines and other related equipment.

9.4.2 A project request form must be submitted to the lottery office whenever an agent or charitable gaming vendor seeks:

9.4.2.1 To move or modify a charitable video lottery machine on the premises of the agent;

9.4.2.2 To convert a game theme on a charitable video lottery machine;

9.4.2.3 To convert the play denomination on a charitable video lottery machine;

9.4.2.4 To change the percentage payout on a charitable video lottery machine;

9.4.2.5 To change any software on a charitable video lottery machine;

9.4.2.6 To change the jackpot lockup amount on a charitable video lottery machine;

9.4.2.7 To change the configuration of a charitable video lottery machine;

9.4.2.8 To perform a wholesale replacement of parts of a charitable video lottery machine; or

9.4.2.9 To make any type of adjustment to mechanical or electronic meters.

9.4.3 No project is considered approved until the lottery office has signed the project request form and distributed copies of the completed form to the appropriate parties. The lottery office will strictly enforce the approved start and end time on the project request form. No agent or licensed charitable gaming vendor will be permitted under any circumstances to shut down or otherwise modify any charitable video lottery machine prior to the approved start time or after the approved end time listed on a project request form without written approval from the lottery office.

9.4.4 An agent or a licensed charitable gaming vendor must notify the lottery office if the agent or licensed charitable gaming vendor cancels any project or fails to complete any project as stated on a submitted project request form.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-10.0 Enforcement and Hearings

10.1 The Director shall not deny any license to an applicant or refuse to renew, suspend, or revoke any license of a licensee unless he or she has afforded the applicant or licensee an opportunity for a hearing on an appeal for reconsideration before the Lottery Commission.

10.2 If the Director determines that an applicant has failed to satisfy the requirements for the granting of a license or that a licensee has failed to continue to satisfy the requirements for the retention of a license, he or she shall serve the applicant a written notice of an intent to deny the application or shall serve the licensee a written notice of an intent to suspend or revoke the license. The written notice must include the reasons for the intended denial, suspension, or revocation and must advise the applicant or licensee of the right to request a hearing on an appeal for reconsideration before the Lottery Commission.

10.3 An applicant or licensee who has received a notice of intent to deny, suspend, or revoke an application or license shall have an opportunity to request a hearing on an appeal for reconsideration before the Lottery Commission within 30 days of receipt of the written notice.

10.4 If an applicant or licensee desires a hearing, it shall provide the Lottery Commission and the Director with a written statement within 30 days of receipt of the notice. The written statement must contain the following:

10.4.1 A clear and concise statement indicating the reasons for appealing the decision of the Director;

10.4.2 A notarized verification by the applicant or the licensee that the information provided is true and accurate; and

10.4.3 The signature of the applicant or the licensee.

10.5 If an applicant or licensee fails to timely file an appeal for reconsideration or withdraws the appeal for reconsideration, the Director shall determine that the applicant or licensee has waived its right to a hearing and that the applicant or licensee has admitted to all of the allegations of fact set forth in the Director's notice of intent to deny, suspend, or revoke the license. The Director shall then take final action, including denying, suspending, or revoking the license.

10.6 The appeal for reconsideration shall be heard by the Lottery Commission. The hearing shall be conducted within 30 days of the receipt of the letter of appeal unless extenuating circumstances require a longer period.

10.7 The Lottery Commission shall provide written notice of the hearing to the parties at least 20 days before the date on which the hearing is to be held.

10.8 At the hearing, the Director or his or her designee shall be responsible for presenting to the Lottery Commission the reasons in support of his or her determination, which may include presenting witnesses, introducing any relevant evidence, and making any necessary arguments.

10.9 If the parties agree to a settlement prior to the conclusion of the hearing, the parties shall submit a signed stipulation to the Lottery Commission. The Lottery Commission shall then schedule a review of the settlement at a public meeting at which time the Lottery Commission shall:

10.9.1 Approve the settlement;

10.9.2 Approve the settlement as modified by the Lottery Commission with the consent of the parties;

10.9.3 Reject the settlement and schedule the matter for further proceedings; or

10.9.4 Take such action as the Lottery Commission deems appropriate.

10.10 The Lottery Commission may not approve any settlement unless the settlement is voluntary, consistent with the law, and fully dispositive of all of the issues in controversy.

10.11 Once the Lottery Commission approves an executed settlement, the settlement will be considered both a withdrawal of the appeal for reconsideration and evidence of the parties' informed consent to such final Lottery Commission action.

10.12 The applicant or licensee may appear individually or by legal counsel.

10.13 With the approval of the Lottery Commission, the applicant, licensee, or the legal counsel of the applicant or licensee may waive the hearing and agree to submit the case for decision on the record, with or without a written brief. Such a waiver or agreement must be in writing and placed in the record.

10.14 The applicant or licensee shall be given an opportunity for argument within the time limits fixed by the Lottery Commission following submission of the evidence. The Lottery Commission, upon request of the applicant or licensee, may accept briefs in lieu of argument. The briefs shall be filed within 10 days after the hearing date or within such other time as fixed by the Lottery Commission.

10.15 The Lottery Commission may admit any relevant evidence, except that it shall observe the rules of privilege recognized by law. The Lottery Commission may exclude any evidence which is irrelevant, unduly repetitious, or lacking a substantial probative effect.

10.16 A written record made by a court reporter must be made of all hearings, and all witnesses shall be sworn and subject to cross examination.

10.17 An applicant or licensee shall have the affirmative obligation to establish by clear and convincing evidence that the Director's determination was in error under the criteria for licensing established by Delaware law.

10.18 The Lottery Commission shall render a written decision via an order that sets forth its findings of fact, conclusions of law, and recommendation within 45 days of the date of the hearing, unless extenuating circumstances require a longer period of time. All orders and decisions made by the Lottery Commission under this appeal procedure are final once signed by the required number of Lottery Commission members.

10.19 The Lottery Commission shall submit to the Director a copy of its written decision and order and shall serve the applicant or licensee and any attorney of record with its written decision and order, either in person or by registered or certified mail.

10.20 A person aggrieved by a final decision or order of the Lottery Commission may obtain judicial review by appeal to the Superior Court pursuant to 29 Del.C. §10142. The filing of an appeal shall not stay enforcement of the decision or order of the Lottery Commission unless a stay is obtained from the court upon application in accordance with the rules of court.

10.21 An applicant or licensee whose license has been revoked or whose application for a license has been denied shall be prohibited from reapplying for any license for a period of 5 years from the date of the order denying or revoking the license.

10.22 Any money or thing of value which has been obtained by any person prohibited from gaming activity in a charitable video lottery facility shall be subject to an order of forfeiture by the Director, following notice to the prohibited person and an opportunity for the prohibited person to file an appeal for reconsideration by the Lottery Commission in accordance with the procedures set forth in this Section 10.0.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-11.0 Key Controls

11.1 Any key that is considered sensitive and is required to be controlled and maintained by these rules and any corresponding locking device shall be approved by the agency. Such keys shall be legally duplicated only by the manufacturer or other approved entity and shall be capable of unlocking the locking device on no more than one type of secure box, compartment or location used or maintained within the charitable video lottery facility. Nothing herein shall preclude the agency from exempting a type of secure box, compartment or location from the requirements of this subsection upon a determination that the security of such box, compartment or location would not otherwise be compromised.

11.2 The agent shall establish key control for any sensitive key. Such procedures shall provide for, at a minimum, the following:

11.2.1 The requisitioning of keys and locking devices from vendors, blank stock, and destruction; and

11.2.2 The security and restrictions which control access to keys, whether manually or through an electronic system, and records and reports generated or prepared.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-12.0 Bank Secrecy Act, Title 31, Anti-Money Laundering

Consistent with the requirements of the federal Bank Secrecy Act, (31 U.S.C. §5311, et seq.) and regulations promulgated thereunder, each agent shall comply with federal law pertaining to reportable currency transactions and transactions that are believed to be suspicious.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

10 Del. Admin. Code § 205-13.0 Severability

The sections and subsections of these rules will be deemed severable. If a judicial opinion or legislative enactment causes any section or subsection to be deemed as invalid, unconstitutional, or in any manner contrary to the laws of the State of Delaware, then such opinion or enactment shall invalidate only that particular section or subsection of these rules. All other sections shall remain in full force and effect.

History

27 DE Reg. 679 (03/01/24)
22 DE Reg. 163 (08/01/18)
27 DE Reg. 679 (03/01/24)

300 Division of Gaming Enforcement

301 Interactive Fantasy Sports Contests Regulations

10 Del. Admin. Code § 301-1.0 Introduction: Role of the Division of Gaming Enforcement

These regulations are authorized pursuant to 29 Del.C. §4866. Registered interactive fantasy sports contests shall be regulated to safeguard the integrity of the games and participants to ensure accountability and the public trust. The Delaware Division of Gaming Enforcement (DGE) has been designated by the Governor to regulate Interactive Fantasy Contests through the powers delegated to the Director of DGE pursuant to Title 29 Section 4866 of the Delaware Code.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-2.0 Definitions.

As used in these regulations the following terms shall have the following meanings:

"Commission" means the Delaware Division of Gaming Enforcement.

"Director" means the Director of the Delaware Division of Gaming Enforcement.

"Operating fee" means the fee established by 29 Del.C. §4868(a).

"Scripts" means commands that an interactive daily fantasy sports-related computer program can execute that are created by interactive daily fantasy sports players (or by third parties for the use of daily fantasy sports players) to automate processes on an interactive daily fantasy sports contest platform.

"Ultimate Equitable Owner" means a person who owns or controls any ownership interest of ten percent or more in a person or entity either directly or indirectly, regardless of whether the person or entity owns or controls the ownership interest through one or more other persons or proxies, powers of attorney, or other variances.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-3.0 Application Requirements

3.1 Each person or entity desiring to register as an interactive fantasy sports registrant shall submit a registration application to the Commission on the form provided by the Commission. The registration application must include:

3.1.1 The full name, principal and address of the applicant.

3.1.2 Doing Business As/Trade As Name

3.1.3 Date enterprise established

3.1.4 Place enterprise established

3.1.5 Website address

3.1.6 The applicant must identify a person to be contacted regarding the application, and documentation designating such person as having the authority to act on the applicant's behalf if the applicant is a corporation or business entity.

3.1.7 If applicant is a corporation, the name of the state in which incorporated and the full names, date of birth, addresses and percentage of ownership of any partner, officer, director, shareholders holding a ten percent or more equity, and ultimate equitable owners, as well as:

3.1.7.1 A copy of a certificate of good standing issued by the state in which applicant is incorporated;

3.1.7.2 A copy of applicant's articles of incorporation;

3.1.7.3 A copy of applicant's by-laws or other documentation establishing the day to day operating rules of the applicant;

3.1.7.4 A copy of the organizational chart, including job titles and names of persons holding such jobs; and

3.1.7.5 A description of the nature, type, terms, conditions, rights and privileges of voting, non-voting, and other stock issued or to be issued by the applicant that exceed ten percent, including the number of shares of each class of stock authorized or to be authorized and the number of shares of each class of stock outstanding as of the date of the application. If the rights of holders of any class of stock may be modified other than by vote of a majority or more of the outstanding shares so affected, voting as a class, an explanation thereof.

3.1.8 If applicant is a business entity other than a corporation, the full names and addresses of the principals, partners, members, and other types of equity owners holding five percent or more equity, and ultimate equitable owners, as well as:

3.1.8.1 A copy of a certificate of good standing issued by the state in which applicant is operating;

3.1.8.2 A copy of documents establishing the existence of applicant as a business entity, such as a partnership agreement or trust agreement;

3.1.8.3 A copy of applicant's by-laws or other documentation establishing the day to day operating rules of the applicant; and

3.1.8.4 A copy of applicant's organizational chart, including job titles and names of persons holding such positions.

3.1.8.5 A description of the nature, type, terms, conditions, rights and privileges of voting, non-voting, and other ownership interests issued or to be issued by applicant that exceed ten percent.

3.1.9 Provide documentation verifying applicant completed and remitted to the Division of Revenue the State of Delaware Form CRA (Combined Registration Application for State of Delaware Business License and/or Withholding Agent). This form can be found at the following link: http://revenue.delaware.gov/services/current_bt/cra.pdf.

3.1.10 A statement indicating whether applicant files information and reports with the United States Securities and Exchange Commission as required by section thirteen (15 U.S.C. § 78m) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a-78qq, or whether the securities of applicant are regularly traded on an established securities market in the United States.

3.1.11 A statement of the type and estimated number of contests to be conducted by applicant annually. Also include a statement of the type and number of contests conducted by applicant for the previous three years.

3.1.12 Disclosure of every platform applicant will use.

3.1.13 List of all physical locations that are owned or leased by applicant and from which the applicant conducts business. For each location, please include the full corporate/subsidiary name, physical address, city state, zip code, country and a summary of what business is conducted at each of these locations.

3.1.14 Specify where applicant maintains its business and financial records.

3.1.15 Provide a list of all aliases/business names used by applicant to conduct business, provide time periods during which the aliases/business names were used by the enterprise and if applicable, the state of incorporation.

3.1.16 Provide the names and addresses of contractors and vendors used by applicant to conduct interactive fantasy sports contests.

3.1.17 Provide an explanation detailing the facts and circumstances if in the past ten years, applicant has been party to any material acquisition, reorganization, merger, consolidation, readjustment or succession of its business.

3.1.18 Identify applicant's designated agent in Delaware.

3.1.18.1 If no such agent is designated, the applicant shall be deemed to have designated the Director of the Delaware Division of Gaming Enforcement.

3.1.19 A statement of the assets and liabilities of applicant, including:

3.1.19.1 An audited financial statement that shall include an income statement, balance sheet, statement of cash flows, and all notes to such statements and related financial schedules for the fiscal year preceding the application.

3.1.19.1.1 If applicant does not normally have its financial statement audited, all unaudited financial statements prepared in the three years preceding the application.

3.1.19.2 Copies of all final reports submitted in the three years preceding the application by any independent auditor for applicant.

3.1.19.3 Copies of all of the applicant's financial statements prepared in the three years preceding the application, and any exceptions taken to such statements, and any management response thereto.

3.1.19.4 For each company in which the applicant holds stock, the name, address, type of stock held, purchase price per share, number of shares held, and whether the percentage of shares held constitutes 5% or more ownership in the company.

3.1.19.5 For those liabilities exceeding $100,000 the Director may, at his or her discretion, require applicant to provide the full names and addresses of the officers and directors of any creditor of the applicant, and of those stockholders, members, partners, or other equity holders who hold more than ten percent of the stock, interest, or equity of the creditor.

3.1.19.6 Copies of all 1120 forms (U.S. Corporate Income Tax Return), 1120S forms (U.S. Income Tax Return for an S Corporation) or all 1065 forms (U.S. Partnership Return) for the three years preceding the application, including copies of all Schedules and Attachments.

3.1.19.7 The Director may request additional financial information and/or additional financial documentation, within his or her discretion.

3.1.20 A statement of every other jurisdiction in which applicant is or has been licensed or registered to conduct interactive fantasy sports contests. For each jurisdiction in which applicant is currently licensed by an organization, a certificate of good standing or other such documentation from the jurisdiction verifying applicant's status must be included in the application.

3.1.20.1 If applicant has been denied a license to conduct interactive fantasy sports contests or suspended from conducting interactive fantasy sports contests or otherwise sanctioned for the operating of interactive fantasy sports contests in any jurisdiction, state which jurisdiction and provide explanation.

3.1.20.2 Applicant must execute a notarized release permitting any government agency who regulates interactive fantasy sports contests to release information to the Commission.

3.1.21 Disclosure of whether applicant has ever been delinquent in the payment of any debt or tax owed to a government agency in the past 10 years and if so, an explanation.

3.1.22 Disclosure of any judgment, order, consent decree, or consent order pertaining to any violation or alleged violation of the federal anti-trust, trade regulations, or securities law, or similar law of any state, province, or country, entered against applicant.

3.1.23 Disclosure of any civil lawsuits, excluding divorce or child custody proceedings, to which applicant or any person identified in the response to the information required by subsections 3.1.2 or 3.1.3 has been a defendant within the 10 years preceding the application, including the name and address of the court involved, the date, and disposition of such lawsuit.

3.1.24 Disclosure of any petition filed by applicant or any person identified in the response to the information required by subsections 3.1.2 or 3.1.3, or whether an applicant or any person identified in the response to the information required by subsections 3.1.2 or 3.1.3 has sought relief under, any provision of the federal Bankruptcy Act, or under any state insolvency law, filed by or against the applicant in the ten year period preceding the application.

3.1.25 Disclosure of any receiver, fiscal agent, trustee, reorganization trustee, or similar officer appointed by any court in the ten year period preceding the application for applicant or its parent, holding, intermediary, or subsidiary companies.

3.1.26 Applicant shall provide the following information and documents concerning operational compliance:

3.1.26.1 Applicant's policies for limiting each player to one continuous and active account.

3.1.26.2 Information regarding verification of identity. A copy of the policies adopted to verify the identity of players seeking to establish accounts.

3.1.26.3 Policies related to the prevention of minor participation in interactive fantasy sports contests.

3.1.26.4 Policies related to advertisements, including applicant's policies and procedures related to accurate representations concerning chances of winning and the number of persons winning.

3.1.26.5 Policies related to assistance available to those authorized players that exhibit compulsive play behavior.

3.1.26.6 Policies relating to implementation and enforcement of self-exclusions requested by authorized players.

3.1.26.7 Policies related to protection of authorized players' deposits, including the following:

3.1.26.7.1 Prevention of unauthorized withdrawals from player accounts by registrant;

3.1.26.7.2 Reporting and responding to complaints by an authorized player regarding the handling of the authorized player's account; and

3.1.26.7.3 Closure of authorized player accounts.

3.1.26.8 Policies related to account monitoring to prevent misuse of accounts, including policies related to the following:

3.1.26.8.1 Detection and prevention of misuse of proxy servers;

3.1.26.8.2 Location verification; and

3.1.26.8.3 Prevention of third-party scripts or scripting programs.

3.1.26.9 Policies related to the prevention of unauthorized play by prohibited players.

3.1.26.10 Information and documentation regarding either the current trust holding authorized players' funds or the current special purpose segregated account required by subsection 9.5.1.

3.1.26.11 Policies related to cybersecurity.

3.1.27 The application shall be signed by an officer or director, member, or partner, as applicable in accordance with the fantasy sports operator's business structure and must include an affirmation that the information submitted on this application is true and correct.

3.2 The Director may, at his or her discretion, waive the production of any documents required in Section 3.0 as long as it does not pose a threat to the effective regulation of interactive fantasy sports contests.

3.3 Application Review

3.3.1 An application may be denied, if the Director determines, after a hearing:

3.3.1.1 That an applicant has knowingly made a false statement of material fact or has deliberately failed to disclose any information required;

3.3.1.2 That an applicant had a registration or license to offer or conduct contests denied, suspended, or revoked in any other state or country for just cause;

3.3.1.3 That an applicant has legally defaulted in the payment of any obligation or debt due to any federal, state or municipality;

3.3.1.4 That an applicant knowingly fails to comply with any requirement of 29 Del.C. Ch. 48, Subchapter III, these regulations, or any other requirements of the Director; or

3.3.1.5 That the granting of such application would be inconsistent with the public trust or with the integrity of interactive fantasy sports generally.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-4.0 Registrations

4.1 Every registration issued by the Director shall remain in effect for three years, so long as the annual licensing fee and the quarterly Operating Fee is paid pursuant to these regulations and the registrant has not engaged in any conduct that the Director determines, after a hearing, violates either Title 29, Chapter 48, Subchapter III or these regulations.

4.2 Upon receipt of the fees required by these regulations, a conditional registration may be granted to any operator that offered contests to persons located in Delaware prior to August 25, 2017. A conditional registration shall remain in effect as long as the operator submits an application pursuant to these regulations within 60 days of the application being made public and until operator's application for registration has been approved or denied in accordance with 29 Del.C. §4864 and the regulations herein.

4.3 Every registration may be renewed at the expiration of each three year term so long as:

4.3.1 All annual licensing fees and quarterly Operating Fees have been paid pursuant to these regulations.

4.3.2 Registrant has not engaged in any conduct that the Director determines, after a hearing, violates either Title 29, Chapter 48, Subchapter III or these regulations.

4.3.3 An updated application has been submitted to the Commission sixty days prior to the expiration of the registrant's current registration.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-5.0 Amendment

Each registrant shall file within thirty days with the Commission an update explaining any new or changed facts or circumstances whenever any material new or changed fact or circumstance occurs with respect to any matter set forth in the interactive fantasy sports contests registration application.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-6.0 Fees

6.1 Annual licensing fees must be paid to the Commission by all registrants on or before January 1 of upcoming calendar year for which the registration will be active. Licensing fees must be paid by check made payable to the "Division of Gaming Enforcement" at 655 South Bay Road, Suite 1A, Dover, Delaware 19904.

6.2 Any registration application received by the Commission must be accompanied by at least the pro-rated amount of the annual licensing fee for the remainder of the calendar year in which the application is received.

6.2.1 Any operator that offered contests to persons located in Delaware prior to August 25, 2017 may offer contests as a conditional registrant to persons located in Delaware from August 25, 2017 until sixty days after applications for registration are made available to the public by the Director so long as the pro-rated amount of the annual licensing fee for the remainder of the calendar year is received by the Commission.

6.3 The operating fee shall be 15.5% of a registrant's or conditional registrant's interactive fantasy sports gross revenue generated within the state during the preceding quarter, unless the Secretary of Finance adopts a different percentage pursuant to 29 Del.C. §4868(a).

6.3.1 If the Secretary of Finance determines that another state is imposing an operating fee percentage greater than that set pursuant to 29 Del.C. §4868, the Secretary of Finance shall, not later than December 1st, notify all registrants and conditional registrants, in writing, of the increased rate to be imposed on such registrant's interactive fantasy sports gross revenue generated within the State during the next succeeding calendar year.

6.3.2 The operating fee shall be paid to the State of Delaware utilizing a form prescribed by the Delaware Division of Revenue.

6.3.3 The Director may perform audits of the books and records of any registrant at such times and intervals as the Director deems appropriate for the purpose of determining the sufficiency of operating fee payments.

6.3.3.1 If the operating fee is not paid, or if the operating fee paid is determined by the Director to be incorrect or insufficient with or without an audit, the amount of operating fees shall be finally and irrevocably fixed by the Director.

6.3.3.2 The Director shall provide a registrant notice of an incorrect or insufficient operating fee, as well as the fixed operating fee determined by the Director.

6.3.3.2.1 The operating fee determined by the Director shall be final unless the registrant against whom it is assessed, within thirty days after receiving notice of such determination, requests a hearing.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-7.0 Disciplinary Procedures

7.1 The Director may suspend or revoke any existing registration if it is determined, after a hearing, that a registrant has:

7.1.1 Knowingly made a false statement of material fact or has deliberately failed to disclose any information required;

7.1.2 Had a registration or license to offer or conduct contests denied, suspended, or revoked in any other state or country for just cause;

7.1.3 Legally defaulted in the payment of any obligation or debt due to any federal, state or municipality;

7.1.4 Engaged in any conduct that constitutes a violation of 29 Del.C. Ch. 48, Subchapter III or these regulations; or

7.1.5 Engaged in any conduct that is prejudicial to public confidence in the fairness or integrity of any interactive fantasy sports contest.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-8.0 Hearings

All hearings contemplated in these regulations will be conducted pursuant to the Delaware Administrative Procedures Act.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-9.0 Authorized Players' Accounts

9.1 Registrant shall limit each authorized player to one active and continuously used account, and prevent prohibited players from maintaining accounts or participating in any contest offered by such operator or registrant.

9.1.1 Identification of authorized players:

9.1.1.1 Registrant shall take commercially and technologically reasonable measure to verify authorized players' true identities and shall use such information, at a minimum, to enforce subsection 9.1.

9.1.2 Termination of authorized players that establish more than one account: registrant shall implement and prominently publish procedures to terminate all accounts of any authorized player that establishes or seeks to establish more than one username or more than one account, whether directly or by use of another person as proxy. Such procedures may allow an authorized player that establishes or seeks to establish more than one username or more than one account to retain one account provided that the registrant investigates and makes a good-faith determination that the authorized player's conduct was not intended to obtain a competitive advantage. An authorized player who has established more than one account will not be entitled to retain any winnings earned from any account during the time period that more than one account is active.

9.1.2.1 No proxy servers:

9.1.2.1.1 Registrant shall not allow authorized players to use a proxy server for the purpose of misrepresenting their location in order to engage in interactive fantasy sports contests.

9.1.2.2 No proxy players:

9.1.2.2.1 Registrant shall take commercially and technologically reasonable measures to prevent one authorized player from acting as a proxy for another. Such measures shall include, without limitation, use of geolocation technologies to prevent simultaneous logins to a single account from geographically inconsistent locations.

9.2 Registrant shall implement measures to protect the privacy and online security of authorized players and their accounts.

9.3 Registrant shall permit any authorized player to permanently close an account registered to such player, on any or all platforms supported by such operator or registrant, at any time and for any reason.

9.3.1 Registrant shall implement and prominently publish procedures that allow any authorized player to permanently close an account at any time and for any reason.

9.3.2 Payments of prizes on closed accounts:

9.3.2.1 If a prize is awarded to an authorized player with a closed account, that prize, to the extent it consists of funds, shall be distributed by the registrant within five business days, provided, however, if an account is closed based on the registrant's good faith belief, after investigation, that the authorized player has engaged in fraud or has attempted to engage in contest play that would put the registrant in violation of this regulation, such prize may be withheld, provided that the prize is then awarded to another participant in the contest who would have won the prize had that authorized player not participated.

9.4 Registrant shall offer all authorized players information regarding his or her account history and account details;

9.5 Registrant shall ensure authorized players' funds are protected upon deposit and segregated from the operating funds of such operator or registrant and otherwise protected from corporate insolvency, financial risk, or criminal or civil actions against such operator or registrant.

9.5.1 Funds in registrant's authorized players' accounts must either be held in trust for the authorized player in a segregated account or in a special purpose segregated account that is maintained and controlled by a properly constituted corporate entity that is not the registrant and whose governing board includes one or more corporate directors who are independent of the registrant and of any corporation related to or controlled by the registrant. Said corporate entity must require a unanimous vote of all corporate directors to file bankruptcy and must have articles of incorporation that prohibit commingling of funds with those of the registrant except as necessary to reconcile the accounts of authorized players with sums owed by those consumers to the registrant. Said special purpose corporate entity must also be:

9.5.1.1 Restricted from incurring debt other than to authorized players pursuant to the rules that govern their accounts as consumers of interactive daily fantasy sports contests;

9.5.1.2 Restricted from taking on obligations of the registrant other than obligations to authorized players pursuant to the rules that govern their accounts as consumers interactive daily fantasy sports contests; and

9.5.1.3 Prohibited from dissolving, merging or consolidating with another company (other than a special purpose corporate entity established by another registrant that meets the requirements of this section) while there are unsatisfied obligations to authorized players including, without limitation, to registrant consumers.

9.6 Registrant shall implement and prominently publish procedures that:

9.6.1 Prevent unauthorized withdrawals from authorized players' accounts by registrant or others;

9.6.2 Make clear that the funds in the segregated account do not belong to the registrants and are not available to creditors other than authorized players whose funds are being held;

9.6.3 Prevent commingling of funds in the segregated account with other funds including, without limitation, funds of the registrant; and

9.6.4 Establish a protocol by which authorized players can withdraw funds maintained in their accounts, whether such accounts are open or closed. Such requests for withdrawals must be honored by the later of five business days of the request or ten business days of submission of any tax reporting paperwork required by law, unless the registrant believes in good faith that the authorized player engaged in either fraudulent conduct or other conduct that would put the registrant in violation of this regulation, in which case the registrant may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to the authorized player. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by the registrant but delayed by a payment processor, credit card issuer or by the custodian of a financial account.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-10.0 Fairness of Interactive Fantasy Sports Contests

10.1 Registrant shall offer introductory procedures for authorized players that explain contest play and how to identify a highly experienced player.

10.2 Registrant shall identify all highly experienced players in any contest by a symbol attached to such players' usernames, or by other easily visible means, on all platforms supported by such operator or registrant.

10.3 Registrant shall promptly, accurately and regularly update the "fill rate" for any interactive fantasy sports contest it offers on each of its interactive fantasy sports contest platforms. For the purpose of this subsection, the term "fill rate" shall mean the number of entries that have been submitted for that interactive fantasy sports contest at a given time.

10.4 Registrant shall ensure the value of any prizes and awards offered to authorized players is established and made known to such players in advance of the contest.

10.5 Registrant shall ensure all winning outcomes reflect the relative knowledge and skill of the authorized players which shall be determined predominantly by accumulated statistical results of the performances of individuals in sports events.

10.6 Registrant shall ensure no winning outcome is based on the score, point spread, or performance of a single actual sports team, or any combination of such teams.

10.7 Registrant shall ensure no winning outcome is based solely on any single performance of an individual athlete in a single sport or athletic event.

10.8 Registrant shall disclose the number of entries that a single authorized player may submit to each contest.

10.9 Registrant shall disclose the maximum number of total entries allowed for each contest.

10.10 Restrictions on Number of Entries by Contest:

10.10.1 Each registrant shall restrict the number of entries submitted to one entry by a single authorized player for a contest involving 12 entries or fewer.

10.10.2 Each registrant shall restrict the number of entries submitted by a single authorized player to two entries for a contest involving 13-36 entries.

10.10.3 Each registrant shall restrict the number of entries submitted by a single authorized player to three entries for a contest involving 37-100 entries.

10.10.4 In any contest involving more than 100 entries, registrant shall restrict the number of entries submitted by a single authorized player to 3% of all entries or 150 entries, whichever is smaller.

10.11 Registrant may establish contests, representing less than 2% of the total number of contests it offers, in which there is no restriction on the number of entries by a single authorized player, provided that (i) the registrant clearly discloses that there are no limits on the number of entries by a single authorized player, and (ii) that the cost of participating in a contest with no restriction on the number of entries by a single authorized player is $50 or more per entry.

10.12 Registrants shall not make representations or implications about average winnings from contests that are unfair or misleading. Average winnings representations shall include, at a minimum:

10.12.1 The median and mean net winnings of all authorized players participating in contests offered by such registrant; and

10.12.2 The percentage of winnings awarded by the registrant to highly experienced players participating in contests offered by such registrant within the preceding calendar year.

10.13 Registrant shall prohibit the use of third-party scripts or scripting programs for any contest and ensure that measures are in place to deter, detect and, to the extent reasonably possible, prevent cheating, including collusion, and use of cheating devices, including use of third party software programs that submit entry fees or adjust the athletes selected by an authorized player.

10.14 No employee, principal, officer, director, or contractor of the registrant may disclose proprietary or non-pubic information that may affect interactive fantasy sports contests to any person permitted to engage in interactive fantasy sports contests. Registrant shall make these restrictions known to all affected individuals and corporate entities.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-11.0 Advertisements

11.1 When referencing the chances or likelihood of winning in advertisements or upon contest entry, make clear and conspicuous statements that are not inaccurate or misleading concerning the chances of winning and the number of winners.

11.1.1 Any representation concerning winnings shall be capable of substantiation at the time the representation is made.

11.1.2 Under this regulation, a registrant's advertisement is misleading if it makes representations about average winnings without equally prominently representing the average net winnings of all players.

11.2 For all advertised contests, the registrant shall prominently include information about the maximum number of entries that may be submitted by a single authorized player for that contest.

11.3 Advertisements for contests and prizes offered by a registrant shall not target prohibited participants, minors, or self-excluded persons.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-12.0 Data Retention

12.1 Registrant shall maintain records of all accounts belonging to authorized players and retain such records for a minimum of five years unless otherwise required by law to maintain longer. Such records shall be made available to the Commission for the purpose of investigating any complaint from an authorized player or possible violation of Title 29, Chapter 48 or these regulations. Records to be maintained include:

12.1.1 The name and classification of the authorized player, i.e. beginning or highly experienced;

12.1.2 The date of each interactive fantasy sports contest played;

12.1.3 The entry fee paid for each interactive fantasy sports contest played;

12.1.4 The prize, if any, awarded for each interactive fantasy sports contest played; and

12.1.5 All deposits and withdrawals made from each account;

12.2 Registrant shall retain copies of all advertisements for at least five years from the date of the last use of that advertisement and shall retain records sufficient to identify where such advertisements were placed. To the extent that an advertisement cannot be maintained in its original form (e.g., billboards), the advertising copy shall be retained.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-13.0 Data Security

Each registrant shall establish a cybersecurity program designed to ensure the confidentiality, integrity and availability of information systems that perform cybersecurity functions. Functions include identification of cyber risks; implementation of policies and procedures to protect unauthorized access or use or other malicious acts; detection of cybersecurity events; responsiveness to identified cybersecurity events to mitigate any negative events and recovery from cybersecurity events and restoration of normal operation and services.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-14.0 Gameplay by Minors Prohibited

14.1 Registrant shall prohibit minors from participating in any contest.

14.1.1 If a registrant becomes or is made aware that a minor has participated in one of its contests, such registrant shall promptly, within no more than two business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a contest; provided, however, that any refund may be offset by any prizes already awarded.

14.1.2 Each registrant shall publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any contest or platform.

14.1.3 Each registrant shall take appropriate steps to confirm that an individual opening an account is not a minor.

14.1.3.1 Such steps shall be commercially and technologically reasonable procedures to prevent access to interactive fantasy sports contests by minors on its fantasy sports platform, including but not limited to independent verification of age using information obtained from independent sources outside of the player seeking open an account. Third party services may be used to verify the age of a player.

14.1.4 Registrant shall clearly and conspicuously display, on web pages that are accessed prior to registering for an interactive fantasy sports contest, a statement that persons under the age of 18 are prohibited from engaging in interactive fantasy sports contests in Delaware.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-15.0 Protections for Compulsive Play

15.1 Registrant shall list on each website, in a prominent place, information concerning assistance for compulsive play, including a toll-free number directing callers to reputable resources containing further information, which shall be free of charge.

15.2 Self Exclusion:

15.2.1 Registrant shall enable authorized players to exclude themselves from contests and take reasonable steps to prevent such players from entering a contest from which they have excluded themselves.

15.2.2 Registrant shall implement and prominently publish procedures for authorized players to self-exclude themselves.

15.2.3 Registrant shall not market a contest by phone or email, or by knowingly directing any form of individually targeted advertisement or marketing material to an interactive daily fantasy sports consumer if the player is self-excluded or otherwise barred from playing in that contest.

15.2.4 Self-excluded persons shall not collect any prizes or recover any losses arising as result of any prohibited participation in a registrant's interactive fantasy sports contests.

15.3 Registrant shall train employees on compulsive play. Such training shall include training on registrant's policies and best practices for identifying and assisting customers who may be exhibiting compulsive play behavior.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-16.0 Authorized Players' Complaints

16.1 Registrants shall develop and prominently display procedures for the filing of a complaint by the authorized player against such registrant.

16.1.1 An initial response shall be given by such registrant to such player filing the complaint within forty-eight hours.

16.1.2 A complete response shall be given by such registrant to such player filing the complaint within ten business days.

16.1.2.1 If the response to a complaint is that more information is needed, the form and nature of the necessary information shall be specifically stated. When additional information is received, further response shall be required within seven days.

16.1.3 If the relief requested in the complaint by the authorized player will not be granted by registrant, the response to the complaint shall state the reasons with specificity.

16.1.4 Retention of Complaints:

16.1.4.1 All complaints received by a registrant from an authorized player and the registrant's responses to complaints shall be retained for at least three years and made available to the Commission within seven days of any request by the Commission.

16.1.4.2 For those complaints that require an adjustment to an authorized player's account in excess of $500 registrant shall maintain the following records:

16.1.4.2.1 Name and address of the authorized player;

16.1.4.2.2 Purpose of the complaint;

16.1.4.2.3 The date the complaint was received by the registrant;

16.1.4.2.4 The complaint denial whenever a complaint is denied;

16.1.4.2.5 Copy of the complaint

16.1.4.2.6 All written communications between the registrant and the complainant.

16.1.4.2.7 All documents or telephone recordings created in connection with a complaint.

16.1.4.2.8 Any additional information used by the registrant in determining how to resolve the complaint; and

16.1.4.2.9 How the complaint was resolved by the registrant, including any adjustment to a customer's account.

16.1.5 The registrant shall also maintain a permanent record summarizing the number and nature of consumer complaints and the resolution or outcome of such complaints.

16.2 An authorized player may file a complaint alleging a violation of the provisions of 29 Del.C. Ch. 48, Subchapter III or these regulations with the Director.

16.2.1 The Commission will develop a complaint form, which shall require:

16.2.1.1 Name, address, phone number and email of complainant;

16.2.1.2 Purpose of the complaint; and

16.2.1.3 Whether the complainant filed a complaint with the registrant and if so, when the complaint was filed and how the complaint was resolved by the registrant

16.2.2 The Commission's complaint form will be available through its website or by contacting the Commission by phone or letter.

16.2.3 Upon receipt of a completed complaint form, the Commission shall initiate an investigation.

16.2.3.1 The Commission will attempt to mediate such complaints where appropriate.

16.2.3.2 If mediation is not appropriate or fails, the Director may suspend or revoke registrant's registration if it is determined, after a hearing, that the registrant engaged in any conduct that constitutes a violation of 29 Del.C. Ch. 48, Subchapter III or these regulations.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-17.0 Prohibition of Extension of Credit

Registrant shall not extend credit to authorized players.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-18.0 Tax Laws and Disclosures

18.1 Obligation to comply with applicable tax laws including disclosures:

18.1.1 Registrant shall comply with all applicable tax laws and regulations including, without limitation, laws and regulations applicable to withholding and laws and regulations applicable to providing information about winnings and withholdings to taking authorities and to authorized players.

18.2 Disclosure of potential tax liabilities:

18.2.1 Registrant shall disclose potential tax liabilities to its authorized players in the on-boarding process and again at the time of award of any prize in excess of $600. Such disclosures will include a statement that the obligation to pay applicable taxes on winnings is the responsibility of the authorized player and that failure to pay applicable tax liabilities may result in civil penalties and criminal liability.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-19.0 Reports

19.1 No later than the thirtieth of June of each year, registrant shall submit an annual report for the Director. The annual report must include:

19.1.1 The number of accounts held by Delaware authorized players on all platforms offered by the registrant, and the number of accounts held by Delaware highly experienced players on all platforms offered by the registrant;

19.1.2 The total number of new Delaware accounts established in the preceding year, as well as the total number of Delaware accounts permanently closed in the preceding year;

19.1.3 The total number of entry fees received from Delaware authorized players;

19.1.4 The total number of prizes awarded to Delaware authorized players;

19.1.5 The total amount of interactive fantasy sports revenue received by the registrant;

19.1.6 The total number of Delaware authorized players that requested to exclude themselves from contests;

19.1.7 The total number of consumer complaints generated in Delaware received by registrant; and

19.1.8 The total number of accounts in which a Delaware player was identified as a minor and the action taken as a result.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-20.0 Unclaimed Funds in Authorized Players' Accounts

20.1 Subject to the provisions of 12 Del.C. §1130, et seq., if the funds in an Authorized Player's Account remain unclaimed for five years after the balances are payable or deliverable to the Authorized Player, Registrant shall presume the account to be abandoned.

20.2 As required by 12 Del.C. §1142, Registrant shall report and deliver all funds then held in those Authorized Players' accounts that are presumed abandoned to the State Escheator.

20.3 Pursuant to 12 Del.C. §1148, not less than 60 days prior to filing the report contemplated in subsection b., above, Registrant shall provide notice to all Authorized Players whose accounts remain unclaimed, sent to each such Authorized Player's last known address and conduct due diligence to locate all such Authorized Players.

History

21 DE Reg. 499 (12/01/17)

10 Del. Admin. Code § 301-21.0 Severability

History

21 DE Reg. 499 (12/01/17)