Lotteries

Del. Code tit. 29, ch. 48
in effect

Del. Code tit. 29, § 4801 Statement of purpose.

(a) It is the purpose of this subchapter to establish a state-operated lottery under the supervision of a Director who shall be appointed by the Secretary of Finance with the written approval of the Governor and hold broad authority to administer the system in a manner which will produce the greatest income for the State. (b) In authorizing a video lottery, it is the further purpose of the General Assembly to: (1) Provide nonstate supported assistance in the form of increased economic activity and vitality for Delaware’s harness and thoroughbred horse racing industries, which activity and vitality will enable the industry to improve its facilities and breeding stock, and cause increased employment; and (2) Restrict the location of such lottery to locations where wagering is already permitted and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee as defined in § 4805(b)(13) of this title, and where controls exist. (c) In authorizing the use of the Internet for certain lottery games, it is the further purpose of the General Assembly to: (1) Expand access to certain lottery games by offering them on the Internet in a well-regulated and secure system designed to create a positive customer experience that limits access to minors, those with gambling problems, and others who should not be gaming; (2) Improve the competitiveness of Delaware’s video lottery licensees by encouraging reinvestment in their facilities and promoting the utilization of lottery games on the Internet at websites branded and promoted by the video lottery licensees and Delaware Lottery Office; (3) Provide further support to Delaware’s harness and thoroughbred horse racing industries by expanding the gaming offerings benefitting video lottery licensees and the horsemen or horsewomen who race there; and (4) Enhance the offerings of the Delaware lottery by allowing it to develop keno and the sports lottery in a manner that promotes additional convenience and choices for Delawareans.

Del. Code tit. 29, § 4802 State Lottery Office.

A State Lottery Office shall exist as part of the Department of Finance and shall be administered by a Director responsible for the operation of a state lottery. The net proceeds of the state lottery shall be placed in the General Fund of the State.

Del. Code tit. 29, § 4803 Definitions.

(a) “Charitable gaming organization” shall mean an organization, in existence as of January 1, 2013, that is a fraternal or veterans organization with national affiliation or an organization, in existence as of January 1, 2013, whose membership consists primarily of veterans honorably discharged or active duty service members. (b) “Charitable video lottery machine” shall mean a video lottery machine that is under the control of the State Lottery Office and that has been authorized by the Director to be placed at a location operated by a charitable gaming organization. Authorized play on such device shall be restricted to members of the charitable gaming organization’s active members. The Director shall promulgate rules for authorized charitable gaming organizations to report monthly the amount of proceeds that should be returned to the State. (c) “Credit slip” shall mean the receipt generated by a video lottery terminal when a player is playing that particular video lottery terminal, or the ticket resulting from a sports lottery game. (d) “Director,” as used in this subchapter, shall mean the Director of the State Lottery Office. (e) “Employee organization” shall mean any organization that admits or seeks to admit to membership employees of a Delaware video lottery agent and that has as 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. (f) “Gaming area” shall mean a location in a video lottery facility where gaming activity is conducted at video lottery machines or table games. (g) “Gaming employee” shall mean a person employed in the operation of a video lottery facility and determined by the Director to have employment duties and responsibilities involving the security, maintenance, servicing, repair, or operation of video lottery machines and table game equipment, or is employed in a position that allows direct access to the internal workings of video lottery machines or table game equipment. Such employees shall include, without limitation: dealers; floorpersons; video lottery machine personnel; video lottery machine technicians; count room and cage personnel; security and surveillance employees; employees responsible for handling assets and proceeds associated with the operation of gaming activity; and employees with responsibility for policies concerning complimentaries or allowed to grant variances to policies concerning complimentaries. (h) “Gaming excursion” shall mean an arrangement the purpose of which is to induce any person, selected or approved for participation therein on the basis of said person’s ability to satisfy a financial qualification obligation related to said person’s ability or willingness to gamble or on any other basis related to said person’s propensity to gamble, to come to a video lottery facility for the purpose of gaming and pursuant to which, and as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for said person is directly or indirectly paid by a video lottery agent or employee thereof. (i) “Gaming room service employee” shall mean a person employed to perform services or duties in a video lottery facility, who has access to the gaming area or restricted gaming area, but who is not included within the definition of “key employee” or “gaming employee.” (j) “Gross table game revenue” shall mean the total of all table game win or loss and poker revenue, including checks received whether collected or not, received by a video lottery agent from table game operations; provided that if the value of gross table game revenue at any video lottery facility in a given fiscal year is less than zero, any liabilities to winners in such year shall be the responsibility of the video lottery agent. Gross table game revenue shall include entry fees charged in a tournament in excess of cash prizes awarded. For purposes of this section, any check which is invalid and unenforceable shall be treated as cash and included within gross table game revenue. (k) “Internet lottery” shall mean all lottery games in which the player’s interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games. ( l ) “Internet table games” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a table game in a video lottery facility, and in which the game is an Internet variation or compilation of a table game or table games, provided that the game is expressly authorized by rule of the Director. (m) “Internet ticket games” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of the Office, and in which the winner is decided by chance through mechanical or electronic means, and which shall include keno but which shall not include the video lottery, table games, and other forms of the Internet lottery. (n) “Internet video lottery” shall mean a lottery game in which the player’s interaction with the game operated by the Office occurs over the Internet through a website or network of a video lottery agent, rather than at a video lottery machine in a video lottery facility, and in which the game is an Internet variation of a video lottery game, and which shall not include keno, table games, and other forms of the Internet lottery. (o) “Key employee” shall mean a person employed in the operation of a video lottery facility and determined by the Director to be acting in a supervisory capacity or empowered to make discretionary decisions with respect to video lottery machine or table game operations, including, without limitation, the chief executive, financial and operation managers, video lottery department managers, cashier and cage supervisors, credit executives, pit bosses or managers, gaming employee shift managers or any other employee so designated by the Director for reasons consistent with the public policies of this subchapter, and shall include any officer or 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. (p) “Lottery” or “state lottery” or “system” shall mean the public gaming systems or games established and operated pursuant to this subchapter and including all types of lotteries. (q) “Lottery agent” or “lottery ticket sales agent” means a person whom the Director has licensed to sell lottery tickets. (r) “Net moneys” shall mean all moneys received from the sale of lottery tickets after first deducting sales agent commissions and payment of prizes under $600. (s) “Office” shall mean the State Lottery Office established by this subchapter. (t) “Poker revenue” shall mean the total value of rake charged to players at all poker tables. The poker revenue is determined by adding the value of cash, coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and markers removed from a drop box, and subtracting the amount on the opener and the total of amounts recorded on fills removed from a drop box. (u) “Qualified child support obligation” shall mean any child support lien in excess of $150 as provided by § 2215 of Title 13. (v) “Qualified lottery prize” shall mean any video lottery, sports lottery, table game, or charitable gaming organization prize paid by cash or check for which a W-2G is issued (but less any amounts withheld for income taxes). (w) “Restricted gaming area” shall mean the cashier’s cage, the count room, the cage booths and runway areas, the interior of table game pits, the surveillance room and catwalk areas, the video lottery machine repair room and any other area designated by the Director as a restricted gaming area. (x) “Sports lottery” shall mean a lottery in which the winners are determined based on the outcome of any professional or collegiate sporting event, including racing, held within or without the State, but excluding collegiate sporting events that involve a Delaware college or university and amateur or professional sporting events that involve a Delaware team. (y) “Sports lottery agent” means a person whom the Director has licensed to conduct sports lottery games. (z) “Sports lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play a sports lottery game. A machine shall be considered a sports lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary. (aa) “Sports lottery operations employee” shall mean an individual employee, person or agent of an applicant or licensee who is responsible for the security of sports lottery operations or proceeds. (bb) “State Lottery Fund” shall mean those moneys derived from the sale of state lottery tickets and deposited in the state account of that name and those funds appropriated for the start-up costs of the system. (cc) “Table game” shall mean any game played in a video lottery facility with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding keno, video lottery machines, and the Internet lottery) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty-one, poker, craps, roulette, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation, provided that the game is expressly authorized by rule of the Director. (dd) “Table game equipment” shall mean gaming tables, cards, dice, chips, tiles, shufflers, drop boxes or any other mechanical, electronic or other device, mechanism or equipment or related supplies used or consumed in the operation of any table games. (ee) “Table game win or loss” shall mean the value of gaming chips and cash won from patrons at gaming tables less the value of gaming chips and cash won by patrons at gaming tables other than poker tables. The table game win or loss is determined by adding the value of cash, total value of coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and the issuance copies of markers removed from a drop box, subtracting the amount recorded on the opener and the total of amounts recorded on fills removed from a drop box. Match play coupons shall not be included, subject to limitations imposed by the Director. (ff) “Video lottery” shall mean any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery). (gg) “Video lottery agent” means a person whom the Director has licensed to conduct table games, video lottery games, sports lottery games, and Internet lottery games and who possesses either a horse racing meet license pursuant to Title 3 or Title 28 of the Delaware Code, a harness racing meet license pursuant to Title 3 of the Delaware Code, or both. (hh) “Video lottery facility” shall mean a building containing a gaming area. (ii) “Video lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play in a game of chance in which the results, including options available to the player, are randomly determined by the machine. A machine may use spinning reels or video displays or both, and may or may not dispense coins or tokens directly to winning players. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary.

Del. Code tit. 29, § 4804 Director — Appointment; qualifications; salary.

(a) The State Lottery Office shall be administered and supervised by a Director who shall be a person qualified by business experience and training to supervise the operation of a public gaming system in a manner which will produce the greatest income for the State. The Director shall be appointed by the Secretary of Finance with the written approval of the Governor. (b) The qualifications of the person appointed as Director shall be as follows: (1) Five or more years experience as the head of an autonomous business, division or independent segment of a large company or governmental agency having to do with public gaming. The position or positions held should have broad authority and carry major responsibility; except that experience in a public utility or other monopolistic enterprise does not meet this requirement. There shall be positive evidence that the company, division or independent segment of a large company or government agency was well managed during the tenure of the prospective Director; (2) Shall be in good health, shall have a good reputation, particularly as a person of honesty and integrity, and shall be able to pass a thorough background investigation prior to appointment; (3) Shall not hold political office in the government of the State either by election or appointment while serving as Director, nor shall anyone who holds elected or appointed office in the government of the State be appointed as Director until the person has completed serving the full term to which the person was elected or appointed. The Director shall be a citizen of the United States, and must become a resident of the State within 90 days of appointment. (c) The Director shall serve on a full-time basis and shall not be engaged in any other profession or occupation. The Director shall receive such salary as provided by law.

Del. Code tit. 29, § 4805 Director — Powers and duties.

(a) The Director shall have the power and the duty to operate and administer the state lottery and to promulgate such rules and regulations governing the establishment and operation of the lottery as the Director deems necessary and desirable in order that the lottery be initiated at the earliest feasible time and in order that the system shall produce the maximum amount of net revenues consonant with the dignity of the State and the general welfare of the people. The rules shall provide for all matters necessary or desirable for the efficient and economical operation and administration of the system and for the convenience of the purchasers of lottery tickets and the holders of winning tickets, and the players of all state lottery games including, the following: (1) Type and number of games to be conducted; (2) Price or prices of tickets for any game; (3) Numbers and sizes of the prizes on the winning tickets; (4) Manner of selecting the winning tickets; (5) Manner of payment of prizes to the holders of winning tickets; (6) Frequency of the drawings or selections of winning tickets; (7) Number and types of locations at which tickets may be sold and the sports lottery and keno may be conducted; (8) Method to be used in selling tickets; (9) Licensing of agents to sell tickets or host keno; provided, that, no person under the age of 18 shall be licensed as an agent; (10) Manner and amount of compensation, if any, to be paid to licensed agents, other than video lottery agents, necessary to provide for the adequate availability of games to prospective buyers and for the convenience of the public; (11) Apportionment of the total revenues accruing from the sale of tickets among: a. Payment of prizes to the holders of winning tickets; b. Payment of costs incurred in the operation and administration of the state lottery system, including the expenses of the office and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of gaming equipment and materials; c. Repayment of the moneys appropriated to the State Lottery Fund pursuant to § 3 of 59 Del. Laws, c. 348; and d. Payment of earnings to the General Fund of the State. (12) Such other matters necessary or desirable for the efficient and economical operation and administration of the game and for the convenience of the purchasers of tickets and the holders of winning tickets and the players of the video lottery, the sports lottery, Internet lottery, keno, and table games; (13) Value of bills, coins or tokens needed to play the video lottery machines, sports lottery machines and table games; (14) Licensing of agents for video lotteries; (15) Payout from video lottery machines, provided that such payouts shall not be less than 87% on an average annual basis, and further provided that video lottery agents may return a payout greater than 87% but not greater than 95% upon 10 days written notice to the Director, and further provided that video lottery agents may, with the approval of the Lottery Director, return a greater payout percentage than 95%; (16) A licensure requirement and enforcement procedure for officers, directors, key employees, gaming employees, gaming room service employees, sports lottery operations employees, and persons who own directly or indirectly 10% or more of such agent, in accordance with § 4828 of this title; (17) A licensure requirement and enforcement procedure for service companies in accordance with § 4829 of this title; (18) Standards for advertising, marketing and promotional materials used by video lottery agents; (19) Regulations and procedures for the accounting and reporting of the payments required under §§ 4815 and 4819 of this title; (20) The registration, kind, type, number and location of video lottery machines, sports lottery machines and table games on the licensee’s premises, subject to the Director’s obligations set forth in § 4820(b) of this title; (21) The on-site security arrangements for video lottery agents and sports lottery agents; (22) Requiring the reporting of information about video lottery agents, sports lottery agents, their employees, vendors and finances necessary or desirable to ensure the security of the lottery system. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title; (23) The reporting and auditing of financial information of licensees including, but not limited to, the reporting of profits or losses incurred by licensees and the reporting by licensees of such employment and payroll information as is necessary for the Director to determine compliance with § 10148(1) of Title 3 or § 100048 of Title 3 as the case may be. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title; (24) a. A registration requirement and enforcement procedure for any employee organization representing or seeking to represent employees who are employed by a Delaware video lottery agent. Any employee organization may at any time file with the office an application for registration as an employee organization. However, an employee organization shall be required to file such registration application within 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 Lottery Office to any video lottery agent; b. Every key employee of an employee organization shall be required to register with the office at the same time as the application for registration is filed under paragraph (24)a. of this section or within 30 days after the date on which such individual is elected, appointed or hired, whichever is later; c. 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: 1. If such 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 Certain Persons Holding Office, 29 U.S.C § 504(a); 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 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 has been arrested for an act constituting racketeering under § 1502(9)a., b.2. or b.4. through 10. of Title 11 within 10 years prior to applying for registration hereunder or at any time thereafter. Any employee or employee organization denied registration based on an arrest for an act constituting racketeering under § 1502(9)a., b.2. or b.4. through 10. of Title 11 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 Office shall reconsider the applicant’s registration based on the criteria previously set forth in this subsection; 3. The organization or individual has knowingly made or caused to be made any written statement to any representative of the office or the Delaware State Police or any oral response to an official inquiry by the office, its employees or agents which was at the time and in light of circumstances under which it was made false or misleading; 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 30-day period to divest of any such direct financial interest. The Division of Gaming Enforcement shall conduct the background checks required by this paragraph. The failure of any key employee to satisfy the requirements of paragraphs (a)(24)c.1. through 4. of this section may constitute grounds for suspension of the registration of the employee organization if the organization does not remove the key employee from the key employee’s duties as defined in § 4803(o) of this title. The employee organization will be given a reasonable opportunity to remove or replace any key employee found to be in violation of paragraphs (a)(24)c.1. through 4. of this section; d. The entity or individual filing a registration form is under a continuing duty to promptly notify the Director of any changes in disclosed information; e. 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 shall be denied or the registration suspended or revoked. The hearing officer shall be required to hold a hearing in conformance with the requirements of § 10131 of this title. In any hearing, the Delaware Uniform Rules of Evidence shall be in effect. The denial of an application of registration or the suspension or revocation of a registration shall be bound by the provisions of §§ 10133 and 10134 of this title. 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 Delaware Administrative Procedures Act (Chapter 101 of this title). All applications for registration shall be deemed approved unless the Director notifies the applicant within 60 days of the Director’s decision not to approve and to appoint a hearing officer under this paragraph, or unless extenuating circumstances require a longer period, in which case the Director shall act with all deliberate speed to complete the process. 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 paragraph (a)(24)c.4. of this section or there has been a previous violation of paragraphs (a)(24)c.1. through 3. of this section by the employee organization within the previous 10 years; f. Information requested in the application of registration provided for under this paragraph shall be adopted as part of the office’s official rules and regulations upon notice and opportunity for a hearing under the Delaware Administrative Procedures Act [Chapter 101 of this title]; (25) The Director shall adopt procedures under the Delaware Administrative Procedures Act (Chapter 101 of this title) for employment investigations of the honesty, integrity, reputation and associations of office employees in order to determine that the employee’s employment does not pose a threat to the public interest of the State or the integrity of the office. The procedures and any rules and regulations shall require any person seeking employment for compensation with the office for a position which has direct access to lottery ticket sales agents, video lottery agents, sports lottery agents, or vendors to submit such person’s fingerprints and other relevant information in order to obtain the individual’s entire federal and state criminal history record. Upon the Director’s request, the Division of Gaming Enforcement shall conduct the investigations required under such rules and regulations. The rules and regulations shall require new employees to submit fingerprints for purposes of the state and federal criminal history checks; (26) Type and number of sports lottery games to be conducted, the location and licensure of facilities where the sports lottery be conducted pursuant to § 4825 of this title, the price or prices for any sports lottery games, the rules for any sports lottery games, and the payout and manner of compensation to be paid to winners of sports lottery games; (27) Type and number of table games to be conducted, the price or prices for any table games, the rules for any table games, the payout and manner of compensation to be paid to winners of table games, and the minimum and maximum wagers for any table games; (28) The licensure and location of facilities where keno games may be conducted, the price or prices for any keno games, the rules for any keno games, and the payout and manner of compensation to be paid to winners of keno games; (29) The regulations and procedures for the display and presentation of messages concerning responsible gaming and the regulations, procedures and training for identification of and assistance to compulsive gamblers; (30) The provision of complimentary services, gifts, transportation, cash, food, nonalcoholic beverages, entertainment or any other thing of value by a video lottery agent to a guest; (31) The procedures for the review and evaluation of licensing applications, including the forms of applications, procedures for fingerprinting and other means of identification, procedures for hearings, and grounds and procedures for the approval, denial, revocation or suspension of a license; (32) Procedures relating to internal management controls of video lottery agents, including accounting controls and employee and supervisory organizational charts and responsibilities; (33) Standards for the manufacture, sale, distribution, maintenance, repair, and servicing of video lottery machines and table game equipment; and (34) Standards for the conduct of the Internet lottery in accordance with this chapter. (b) The Director shall also have the power and it shall be the Director’s duty to: (1) Appoint such deputy directors as may be required to carry out the functions and duties of the office. Each deputy director shall have had 3 years’ management experience in areas pertinent to the prospective responsibilities and an additional 3 years of experience in the same field. (2) Within the limit of the funds made available in § 3 of 59 Del. Laws, c. 348, and proceeding from the sale of lottery tickets and generated by the operations of video lottery agents, appoint such professional, technical, and clerical assistants and employees as may be necessary to perform the duties imposed upon the office by this subchapter. (3) In accordance with this subchapter, license as agents to sell lottery tickets persons who will best serve, by location or accessibility, the public convenience and promote the sale of lottery tickets. The Director may require a bond from every agent so licensed in such amount as the Director deems necessary. Every licensed agent shall prominently display the agent’s license or a copy thereof. (4) Enter into contracts for the operation of any game or part thereof and into contracts for the promotion of the game or games. This authorization is to be construed to include, but not be limited to, contracting with any racing or other sporting association to conduct sporting events within any racetrack or sports field in the State, the outcome of which shall determine the winners of a state game or, as an alternative, to affiliate the determination of the winners of a game with any racing or sporting event held within or without the State, and, including agreements with other state, provincial or international lotteries for participation in lottery games. All contracts for other than professional services in an amount greater than $2,000 shall be awarded to the lowest responsible bidder in the manner prescribed by state bidding laws. No contract awarded or entered into by the Director may be assigned by the holder thereof except by specific approval of the Director. (5) Make arrangements for any person or organization, including banks, to perform such functions, activities or services in connection with the operation of the system as the Director may deem advisable. (6) Suspend or revoke any license issued pursuant to this subchapter or the rules and regulations promulgated hereunder. (7) Certify and report monthly to the State Treasurer the total lottery revenues, prize disbursements and other expenses for the preceding month, and to make an annual report to the Governor and the General Assembly, which report shall include a full and complete statement of revenues, prize disbursements and other expenses and recommendations for such changes in this subchapter as the Director deems necessary or desirable. (8) Report immediately to the Governor and members of the General Assembly any matters which shall require immediate changes in the laws of the State in order to prevent abuses and evasions of this subchapter or the rules and regulations promulgated hereunder or to rectify undesirable conditions in connection with the administration or operation of the gaming system. Such a report shall be disclosed to the public immediately upon issuance. (9) Carry on a continuous study and investigation of the system: a. For the purpose of ascertaining any defects in this subchapter or in the rules and regulations issued hereunder by reason whereof any abuses in the administration and operation of the lottery or any evasion of this subchapter or the rules and regulations may arise or be practiced; b. For the purpose of formulating recommendations for changes in this subchapter and the rules and regulations promulgated hereunder to prevent such abuses and evasions; c. To guard against the use of this subchapter to benefit organized gambling and crime or criminals in any manner whatsoever; and d. To insure that this law and the rules and regulations shall be in such form and be so administered as to serve the true purpose of this subchapter. (10) Make a continuous study and investigation of: a. The operation and administration of similar laws which may be in effect in other states and countries; b. Any literature on the subject which from time to time may be published or available; c. Any federal laws which may affect the operation of the lottery; and d. The reaction of Delaware citizens to existing and potential features of the games with a view to recommending or effecting changes that will tend to serve the purposes of this subchapter. (11) Make available to the State Auditor or the State Auditor’s representative such information as may be required to perform an annual audit as prescribed in Chapter 29 of this title. (12) Establish state-operated sales offices, without limit as to number or location, as the Director shall deem suitable and economical in order to make lottery tickets more available to the public, which offices shall be operated solely from funds generated by the lotteries permitted by this subchapter. (13) License as video lottery agents each person, corporation or association which, in 1993, held either a horse racing meet pursuant to Title 3 or Title 28 or a harness horse racing meet pursuant to Title 3 and who satisfies such fitness and background standards as the Director may promulgate pursuant to paragraph (a)(16) of this section. In the event that there shall have been or shall be a change of ownership or such person, corporation or association after the close of the 1993 racing meet then the issuance by the Director of a license to serve as a video lottery agent shall be conditioned upon the Director’s determination that such person, corporation or association shall have met the requirements of § 4806(a)(1)-(4) and (b) of this title and satisfies such fitness and background standards as the Director may promulgate pursuant to paragraph (a)(16) of this section. Change of ownership occurring after the Director has issued a license shall automatically terminate the license 90 days thereafter unless the Director has determined after application to issue a license to the new owner(s) because the new owner(s) have met the requirements of § 4806(a)(1)-(4) and (b) of this title and satisfied such fitness and background standards as the Director may promulgate pursuant to paragraph (a)(16) of this section. Any license granted pursuant to this subsection is a privilege personal to the video lottery agent and is not a legal right. A license granted or renewed pursuant to this subsection may not be transferred or assigned to another person, nor may a license be pledged as collateral. For purposes of this subsection, “a change of ownership” shall have occurred if more than 20 percent of the legal or beneficial interests in such person, corporation or association shall be transferred, whether by direct or indirect means. (14) Whenever the Director deems necessary, examine all accounts, bank accounts, financial statements and records of the licensee in a licensee’s possession or under its control in which it has an interest and the licensee must authorize all third parties, including parents, subsidiaries or related entities, in possession or control of the accounts or records of the licensee to allow examination of any of those accounts or records by the Director. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title. (15) Subpoena witnesses and compel the production of books, papers and documents of a licensee in connection with any hearings of the Director and may administer oaths or affirmations to the witnesses whenever, in the judgment of the Director, it may be necessary for the effectual discharge of duties. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Director may apply to the Superior Court of the county in which the Director may be sitting and, thereupon, the Court shall issue its subpoena requiring the person to appear and testify or to produce the books, papers and documents before the Director. Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. (16) Bar, pursuant to §§ 4834 and 4835 of this title, any person from entering the premises of a video lottery agent or from participating in any capacity in the play of any table game, sports lottery game, video lottery game, or Internet lottery game, and, as applicable, procure such assistance from video lottery agents as is appropriate to enforce any such bar. (17) Impose reasonable fees, as set by the Director and payable to the Office, upon applicants for licenses pursuant to §§ 4828 and 4829 of this title for the conduct of the review and investigation of the applicant, such fees to approximate and reasonably reflect all costs necessary to defray the expenses of the lottery and Division of Gaming Enforcement. (18) Require video lottery agents to submit regular internal control submissions, which shall contain a narrative description of the internal control system to be utilized by the video lottery facility, including, but not limited to: a. Accounting controls, including the standardization of forms and definition of terms to be utilized in the gaming; b. Procedures, forms and, where appropriate, formulas covering the calculation of hold percentages; revenue drop; expense and overhead schedules; complimentary services; c. Job descriptions and the system of personnel and chain-of-command, establishing a diversity of responsibility among employees engaged in gaming operations and identifying primary and secondary supervisory oversight responsibilities; and personnel practices; d. Procedures within the cashier’s cage for the receipt, storage and disbursal of chips, cash, and other cash equivalents used in wagering; the cashing of checks; the redemption of chips and other cash equivalents used in gaming; e. Procedures for the collection and security of moneys at the gaming tables; f. Procedures for the transfer and recordation of chips between the gaming tables and the cashier’s cage and the transfer and recordation of moneys within the facility; g. Procedures for the transfer of moneys from the gaming tables to the counting process and the transfer of moneys within the facility for the counting process; h. Procedures and security for the counting and recordation of table game revenue; i. Procedures and security standards for the handling and storage of gaming apparatus, including cards, dice, machines, wheels and all other gaming equipment; j. Procedures and rules governing the conduct of particular games and the responsibility of casino personnel in respect thereto; k. Procedures for the security, storage and recording of cash, chips, and cash equivalents utilized in gaming operations. (19) Make Internet lottery games available at such websites and in such a manner as determined by the Office in accordance with this chapter, and utilizing technology to ensure that players are legally eligible to engage in such gaming. (c) (1) The licenses granted pursuant to paragraph (b)(13) of this section or § 4825 of this title may be revoked or suspended for cause upon 30 days’ written notice to the licensee or due to a change in ownership as set forth in those provisions, but shall otherwise not be subject to expiration or termination. “Cause” shall by way of example and not by limitation include falsifying any application for license or report required by the rules and regulations, the failure to report any information required by the rules and regulations, the material violation of any rules and regulations promulgated by the Director or any conduct by the licensee which undermines the public confidence in the video lottery system or serves the interest of organized gambling or crime and criminals in any manner. A license may be revoked for an unintentional violation of any federal, state or local law, rule or regulation provided that the violation is not cured within a reasonable time as determined by the Director; or a longer period where the video lottery agent has made diligent efforts to cure. Notwithstanding the foregoing, nothing in this subsection shall otherwise prohibit the termination or revocation of a license in accordance with the rules and regulations adopted hereunder. (2) Within 30 days after an adverse determination by the Director, the licensee seeking to appeal the revocation or suspension for cause may demand a hearing before the Lottery Commission and show cause why the Director’s determination was in error. Failure to demand a hearing within the time allotted in this paragraph precludes the person from having an administrative hearing, but in no way affects the person’s right to petition for judicial review. (3) Upon receipt of a licensee’s demand for a hearing under this subsection, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Director and the licensee. At the hearing, the licensee shall have the affirmative obligation to demonstrate by clear and convincing evidence that the Director’s determination was in error under the criteria for cause established by this subsection and any regulations hereunder. (4) If, upon completion of the hearing, the Lottery Commission determines that the licensee has met its burden of proof, an order to that effect shall be entered and the license shall be reinstated. If, upon completion of the hearing, the Lottery Commission finds that the licensee has not met its burden of proof, an order shall be entered to that effect. This order is subject to review in the Superior Court pursuant to the Administrative Procedures Act (Chapter 101 of this title). (5) Any decision of the Director relating to the business plan or the number of video lottery machines to be awarded to licensees under § 4820(b) of this title shall be appealable under the Administrative Procedures Act (Chapter 101 of this title) in the manner of a case decision.

Del. Code tit. 29, § 4806 Lottery sales agents — Qualifications; prohibitions.

(a) No license as an agent to sell lottery tickets shall be issued to any person to engage in business exclusively as a lottery ticket sales agent except those persons hired to staff the State Lottery Office or a state-operated sales office. Before issuing a license to an agent, the Director shall consider such factors as: (1) Financial responsibility and security of the person and the person’s business or activity; (2) Accessibility of the person’s place of business or activity to the public; (3) Sufficiency of existing licenses to serve the public convenience; and (4) Volume of expected sales. (b) If the Director shall find that the experience, character and general fitness of the applicant are such that the participation of such a person as a lottery ticket sales agent will be consistent with the public interest, convenience and the purposes of this subchapter, the Director shall thereupon grant a license. For the purposes of this section, the term “person” shall be construed to mean and shall include an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include all departments, commissions, agencies and instrumentalities of the State, including counties and municipalities and agencies and instrumentalities thereof.

Del. Code tit. 29, § 4807 Lottery sales agents — Authorization of agents.

Notwithstanding any other provision of law, any person licensed as provided in this subchapter is hereby authorized and empowered to act as a lottery ticket sales agent, a video lottery agent, or a sports lottery agent, as the case may be.

Del. Code tit. 29, § 4807A Fingerprinting procedure required.

(a) Any person seeking a license from the State Lottery Office shall be required to submit fingerprints and other necessary information in order to obtain the following: (1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person; and (2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The Division of Gaming Enforcement shall be the intermediary for the purposes of this section and the State Lottery Office shall be the screening point for the receipt of said federal criminal history records. (b) All information obtained pursuant to subsection (a) of this section shall be forwarded to the Division of Gaming Enforcement, which shall access the information and make a recommendation to the Director of suitability for licensure. The person seeking licensure shall be provided with a copy of all information forwarded to the State Lottery Office pursuant to this subsection. Information obtained under this subsection is confidential and may only be disclosed to the Director and Deputy Director of the State Lottery Office. The State Bureau of Identification may release any subsequent criminal history to the Division of Gaming Enforcement. (c) Costs associated with obtaining criminal history information shall be paid by the person seeking licensure. (d) A person seeking licensure shall have an opportunity to respond to the State Lottery Office regarding any information obtained pursuant to subsection (b) of this section prior to a determination of suitability for licensure. The grounds upon which a person seeking licensure may be denied consideration for a license include, but are not limited to: (1) A conviction of a felony in this State or any other jurisdiction; or (2) A conviction of any crime involving gambling or a crime of moral turpitude within 10 years prior to applying for a license or at any time subsequent to the granting of a license. (e) Upon making its determination of suitability for licensure, the State Lottery Office shall forward the determination to the person seeking a license. (f) Any person seeking a license with the State Lottery Office who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check; provided, however, that the person submits: (1) the results of such previous criminal background check, including any previous federal criminal background check; and (2) a reference from the person’s most recent employer, if any, covering the previous 12 months. (g) The State Lottery Office shall, in the manner provided by law, promulgate regulations necessary to implement this subchapter. These regulations shall include, but are not limited to: (1) Establishment, in conjunction with the State Bureau of Identification, of a procedure for fingerprinting persons seeking licensure with the State Lottery Office and providing the reports obtained pursuant to subsection (a) of this section; (2) Establishment of a procedure to provide confidentiality of information obtained pursuant to subsection (a) of this section and of the determination of suitability for licensure.

Del. Code tit. 29, § 4808 Nonassignability of prizes.

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

Del. Code tit. 29, § 4809 Restrictions on ticket sales; penalties.

(a) No person shall sell a ticket for any type of lottery game at a price greater than that fixed by rule or regulation of the Director. No person other than a licensed lottery sales agent or a licensed sports lottery agent shall sell lottery tickets or shares, except that nothing in this section shall be construed to prevent any person from giving lottery tickets to another as a gift or bonus. (b) Any person convicted of violating this section shall pay a fine not exceeding $500.

Del. Code tit. 29, § 4810 Sales to certain persons prohibited; penalties.

(a) (1) It is unlawful for an individual who is under 18 years old to purchase a lottery ticket or participate in an internet ticket game. (2) It is unlawful for an individual who is under 21 years old to wager on the video lottery, sports lottery, table games, internet table games, or internet video lottery. (3) A violation of paragraph (a)(1) or (a)(2) of this section is an unclassified misdemeanor. (4) An individual convicted of, adjudicated delinquent of, or placed on probation before judgment under § 4218 of Title 11 for violating this subsection must complete 5 hours of counseling on problem gambling. (5) The Justice of the Peace Court has original jurisdiction over a violation of this subsection by an individual who is 18 years of age or older. The Family Court has original jurisdiction over a violation of this subsection by an individual 17 years of age or younger. (b) No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age. (c) No licensed video lottery agent, sports lottery agent, or employee of such agents shall allow a person under the age of 21 to wager on the video lottery, table games, sports lottery, internet table games, or internet video lottery. (d) A violation of subsection (b) or (c) of this section shall be a misdemeanor, except that the establishment of the following facts shall constitute a defense to any prosecution therefor: (1) That the underage person presented proof of age or photographic identification that would lead a reasonable person to believe that the underage person was over the minimum age required in this section. (2) That the appearance of the underage person was such that an ordinary prudent person would believe that the person was over the minimum age required in this section. (e) No Delaware lottery games, including ticket games, video lottery, sports lottery, internet lottery, internet ticket games, keno, and table games, may be played by and no prizes received by or awarded to any officers or employees of the State Lottery Office or any member of their immediate households. Any person convicted of violating this section shall forfeit any prize money so obtained and shall be sentenced to not less than 1 year in jail and pay a fine of no less than $5,000.

Del. Code tit. 29, § 4811 Jurisdiction in Superior Court.

The Superior Court has exclusive jurisdiction over offenses under this subchapter, except for offenses under §§ 4810(a) and 4836(a) and (b) of this title.

Del. Code tit. 29, § 4812 Disposition of unclaimed prize money.

Unclaimed prize money for the prize on a winning ticket shall be retained by the Director for the person entitled thereto for 1 year after the drawing or event in which the prize was won. If no claim is made for said money within such year, the prize money shall be reverted to the State Lottery Fund.

Del. Code tit. 29, § 4813 Prizes to minors.

If the person entitled to a prize or any winning ticket is under the age of 14 years, the Director may direct payment of the prize by delivery to an adult member of the minor’s family or a guardian of the minor a check or a draft payable to the order of the minor. The Director shall be discharged of all liability upon payment of a prize to a minor pursuant to this section.

Del. Code tit. 29, § 4814 Transfer of funds and transaction records between agents and the State.

The Director may, at the Director’s discretion, require any or all lottery ticket sales agents to deposit to the credit of the State Lottery Fund in banks designated by the Director all or part of the moneys received by such agents from the sale of lottery tickets and to file with the Director or the Director’s designated agents reports of their receipts and transactions in the sale of lottery tickets in such form and containing such information as the Director may require. The Director or a representative shall make such arrangements with any licensed sales agent.

Del. Code tit. 29, § 4815 State Lottery Fund.

(a) All moneys received from the sale of lottery tickets, keno, and from Internet ticket games, shall be accounted for to the State Treasurer and all net moneys shall be placed into a special account known as the State Lottery Fund. From the Fund, the Director shall first pay for the operation and administration of the lottery as authorized in this subchapter and thereafter shall pay as prizes not less than 45% on the average of the total amount of tickets which have been sold and are scheduled for sale throughout the games, which percentage shall include prizes already awarded or to be awarded. The total of payments for operations and administration of the lottery shall not exceed 20% of the gross amount received from the sales of such games. The remaining moneys shall accumulate in the State Lottery Fund for the payments of operations and administration costs and on a monthly basis, or more frequently if required by the Director, the lottery shall undertake to provide into the General Fund of the State a payment of earnings of 30% of the total revenues accruing from the sales of such games or shares shall be so dedicated. In the event that the percentage allocated for operations (including prize payments) generates a surplus, said surplus shall be allowed to accumulate to an amount not to exceed $1,000,000. On a quarterly basis, the Director shall report to the Secretary of Finance any surplus in excess of $1,000,000 and remit to the General Fund of the State the entire amount of those surplus funds in excess of $1,000,000. (b) All proceeds, net of proceeds returned to players pursuant to paragraph (b)(1) of this section, from the operation of the video lottery shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated State Lottery account by the agent, and transferred to the State Lottery Fund by the Lottery on a daily or weekly basis and shall be applied as follows: (1) Proceeds returned to players. — A portion of such proceeds, but not less than 87% of the total proceeds on an average annual basis received from the operation of a video lottery, shall be retained by and returned to the players under rules prescribed by the Director. Proceeds returned to players in excess of the payout authorized pursuant to § 4805(a)(15) of this title shall be the sole responsibility of the video lottery agent and the State Lottery’s proceeds shall not be reduced on account of such excess payment. Subject to the recommendations of the Lottery Director, and approval of the Secretary of Finance, a video lottery agent may choose to offer free promotional play to players. The amount of free promotional play permitted shall be recommended by the Lottery Director and approved by the Secretary of Finance. The amount of money given away as free promotional play and used by players shall not be included in the amounts remaining after all payments to players. If the amount of money given away as free promotional play by a video lottery agent and used by players exceeds the amount authorized by the Lottery Director and the Secretary of Finance authorized during a fiscal year, the video lottery agent shall reimburse net proceeds the amount of the overage which will be distributed as outlined in paragraphs (b)(3) and (b)(4) of this section. (2) Certain administrative and vendor costs. — The State shall retain a portion of such proceeds in an amount equal to 75% of all costs of equipment (both video lottery machines and related equipment), including video lottery machine license and proprietary fees, whether leased or owned by the State, used or under the control of such agent, the cost of the central computer used to monitor the equipment used by the agent, and related vendor fees, and from these proceeds, and the proceeds provided pursuant to paragraph (b)(4)a. of this section, remit these amounts to vendors. (3) a. Proceeds returned to the State. — Except as otherwise provided by this paragraph, of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, there shall be returned to the State 42½%, less any qualified capital expenditure adjustment provided for in this paragraph. For licensees which conducted 40 or fewer (but at least 1) days of live harness horse races during 1992, should such licensees’ video lottery proceeds, net of proceeds returned to players, at the end of any fiscal year fall below $107,500,000, then, in the subsequent fiscal year, there shall be returned to the State 41½% of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, less any qualified capital expenditure adjustment provided for in this paragraph. 1. Beginning in fiscal year 2020, for each video lottery agent, the percentage of proceeds returned to the State shall be decreased by 2% if such video lottery agent’s qualified capital expenditures equal or exceed 3% of video lottery agent net proceeds remaining after payments made under paragraph (b)(1) of this section for the calendar year ending the immediately preceding December 31. Notwithstanding the first sentence of this paragraph (b)(3)a.1. of this section, for calendar year ending December 31, 2018, only, qualified capital expenditures must equal or exceed 2.8%. 2. For purposes of this paragraph (b)(3)a. of this section, “qualified capital expenditures” means amounts properly characterized as capital expenditures under generally accepted accounting principles during each calendar year ending December 31 and apply to any facilities used by the video lottery agent in connection with its operations. “Qualified capital expenditures” does not include payments made for debt service. 3. Any amounts incurred or paid in any single year which exceed the 3% required for the adjustment under paragraph (b)(3)a.1. of this section may be carried forward for no more than 2 years, except that amounts used to reduce the license fee under § 4819(d)(2) of this title may not also be carried forward. b. The State shall also receive the funds on each credit slip that has not been presented for redemption within 1 year from the date the slip is issued. c. Application of funds retained by the state lottery. — The funds retained by the state lottery shall be applied as follows: first, to the administrative costs and expenses in respect of the video lottery including, but not limited to, administrative expenses including payroll and other employment costs attributable to the operation of the video lottery by the State Lottery Office, law-enforcement and security expenses, including payroll and other employment costs of the state lottery, the Office of the Attorney General and the Division of Gaming Enforcement, attributable to the operation by the state lottery of a video lottery; second, $1,000,000 or 1%, whichever is greater, of the proceeds returned to the State under this paragraph (b)(3), to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers and their families; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101 of Title 3; fourth, the State’s contribution to the Delaware Standardbred Breeder’s Program and Delaware Certified Thoroughbred Program (DCTP); and fifth, the remainder shall be paid into the State’s General Fund. d. The State’s contribution to the Delaware Standardbred Breeder’s Program pursuant to this subsection shall be $1,250,000, and said amount is to be allocated equally as of January 1 of the calendar year among existing licensees which conduct live harness horse racing, but moneys shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b)(4)b.2. of this section. The State’s contribution to the Delaware Certified Thoroughbred Program (DCTP) pursuant to this subsection shall be $500,000, and said amount shall be allocated as of January 1 of each calendar year to the existing licensee which conducts live thoroughbred horse racing, but moneys shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b)(4)b.1. of this section. (4) Application of remaining proceeds. — The proceeds remaining after payments as set forth in paragraphs (b)(1), (2) and (3) of this section shall be applied as follows: a. Balance of administrative and vendor costs. — The State shall receive an amount equal to 25% of all costs of equipment (both video lottery machines and related equipment), including video lottery machine license and proprietary fees, whether leased or owned by the State, used or under the control of such agent, the cost of the central computer used to monitor the equipment used by the agent, and related vendor fees to be applied pursuant to paragraph (b)(2) of this section. b. Purses. — 1. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) to be applied under the direction of the Delaware Thoroughbred Racing Commission, for races conducted at such agent’s racetrack in accordance with § 10148 of Title 3 or § 427 of Title 28 as appropriate, in an amount calculated as follows: 9.6% of the proceeds remaining after payments made under paragraph (b)(1) of this section. Seven hundred fifty thousand dollars of those proceeds, which would otherwise fund purses, on an annual basis, shall fund a Delaware Certified Thoroughbred Program (DCTP) to enhance the quantity of thoroughbred foals and/or yearlings stabled within Delaware for a period meeting the Delaware minimum residency requirement. The DCTP shall be administered by a Board comprised of the following: A. Four members of the Delaware Thoroughbred Horseman’s Association; B. One member designated by the video lottery agent licensed to conduct live thoroughbred horse racing meets under Chapter 101 of Title 3; C. One member appointed by the Speaker of the House of the General Assembly; D. One member appointed by the President Pro Tempore of the Senate of the General Assembly; E. The Secretary of Agriculture or the Secretary’s designee; and F. The Secretary of Finance or the Secretary’s designee. Members shall be chosen by the organizations they represent, and shall serve 4-year terms, except the 4 initial Board members selected by the Delaware Thoroughbred Horseman’s Association shall serve an initial term of 2 years, and 4 years thereafter. The Board created hereunder must develop and present a plan for the administration of the DCTP no later than December 31, 2005. This plan and all subsequent plans amending the DCTP shall be subject to the written approval of the Secretary of Agriculture or the Secretary’s designee, the Secretary of Finance or the Secretary’s designee, and the Chairperson of the Thoroughbred Racing Commission or the Chairperson’s designee. The Board shall transmit minutes and actions from all meetings to the Chairperson of the Delaware Thoroughbred Racing Commission within 10 days of the meeting. The Board shall submit an annual report detailing the allocation of such funds of the DCTP to the Commission and make available to the State Auditor such information as may be required to perform an annual audit of funds allocated from the DCTP. The Board may also, at its discretion, use funds from the DCTP for advertising, promotion, education and administrative purposes directly related to the program, however, the total amount for these purposes cannot exceed 5% of the total allocation. Funds dedicated to the DCTP shall not be subject to a 1-year payout requirement, but payouts may be dispersed throughout the year. 2. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) to be applied under the direction of the Delaware Harness Racing Commission to purses for races conducted at such agent’s racetrack in accordance with § 10048 of Title 3, in an amount calculated as follows: 11.35% of the proceeds remaining after payments made under paragraph (b)(1) of this section. Two million dollars of those proceeds, which would otherwise fund purses, on an annual basis ($1,000,000 to come from each licensee which conducts live harness horse racing) to be set aside for purses under this paragraph (b)(4)b.2. shall be used to fund a Delaware Standardbred Breeders’ Program which shall be administered by a board comprised of 4 members from the Delaware Standardbred Owners Association, 1 member from the Standardbred Breeders and Owners of Delaware, Inc., 1 member from each video lottery agent licensed to conduct harness racing meets under Chapter 100 of Title 3, 1 member appointed by the Speaker of House of the General Assembly, 1 member appointed by the President Pro Tempore of the Senate of the General Assembly, the Secretary of Agriculture or the Secretary’s designee, and the Secretary of Finance or the Secretary’s designee. Members shall be chosen by the organizations they represent, and shall serve 4-year terms except that 4 of the initial board selected by the members of the Delaware Standardbred Owners Association shall serve an initial term of 2 years, and 4 years thereafter. The board created hereunder will present a plan for the administration of the Program to the General Assembly no later than May 15, 1999. This plan, and all subsequent amendments to the plan, shall be subject to the written approval of the Secretary of Agriculture or the Secretary’s designee, the Chairperson of the Delaware Harness Racing Commission or the Chairperson’s designee, and the Secretary of Finance or the Secretary’s designee. The board shall transmit minutes of all meetings and any proposed actions to the Delaware Harness Racing Commission within 10 days after each meeting. The board shall transmit an annual report detailing the allocation of proceeds from the fund and make available to the State Auditor or the State Auditor’s representative such information as may be required to perform an annual audit of funds allocated from the Delaware Standardbred Breeders’ Program. In addition to funding special purses for Delaware standardbred horses, the board created hereby may also use the funds dedicated to this Program for advertising, promotion, educational and administrative purposes. Funds dedicated to the Delaware Standardbred Breeders’ Program shall not be subject to the 1-year payout requirement of § 10048 of Title 3. 3. For video lottery agents licensed to conduct harness horse racing meets under Chapter 100 of Title 3 on January 1, 1993, such agents, which in the future also conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) administered by either the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as appropriate, in accordance with the formula set forth in paragraph (b)(4)b.2. of this section, for races conducted at such agent’s racetrack based on the ratio of live horse racing days to total live racing days and live harness horse racing days to total live racing days. 4. For video lottery agents licensed to conduct horse racing meets under Chapter 101 of Title 3 on January 1, 1993, such agents, which in the future also conduct harness horse racing meets under Chapter 100 of Title 3, shall be paid and shall pay additional purses (and related administrative expenses of the horse racing association) administered by either the Delaware Thoroughbred Racing Commission or the Delaware Harness Racing Commission, as appropriate, in accordance with the formula set forth in paragraph (b)(4)b.1. of this section, for races conducted at such agent’s racetrack based on the ratio of live horse racing days to total live racing days and live harness racing days to total live racing days. c. Jockey health and other welfare benefits. — For video lottery agents which are licensed only to conduct thoroughbred horse racing meetings under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents annually shall be paid and shall pay the sum of $175,000 plus an additional $175,000 (which shall be subtracted from the amount such agent is paid and shall pay as additional purses under paragraph (b)(4)b.1. of this section) for a total payment of $350,000 annually, adjusted for inflation by the Delaware Thoroughbred Racing Commission, which shall be payable to fund a Delaware Jockeys Health and Welfare Benefit Fund on July 20 of each year. The Fund shall be used to provide, for jockeys who regularly ride in Delaware, health and other welfare benefits for active, disabled and retired jockeys pursuant to reasonable criteria for benefit eligibility. The Jockeys Health and Welfare Benefit Fund shall be administered by a Board, known as the Jockeys Health and Welfare Benefit Board, comprised of 1 member of the Delaware Thoroughbred Racing Commission, 1 member from the licensed agent under Chapter 101 of Title 3 or Chapter 4 of Title 28, 1 member of the Delaware Horsemen’s Association, and 1 representative from the organization that represents the majority of the jockeys who are licensed and ride regularly in Delaware, 1 jockey who is licensed and rides regularly in Delaware, and 1 retired Delaware jockey who is participating in the benefit program. The Chairperson of the Commission shall serve as an ex officio member and vote on matters in the event of a tie vote on any issue. Members shall be appointed by the Commission and shall serve 2-year terms. In addition to providing funding for jockey health and other welfare benefits, the fund may expend reasonable expenses for administrative purposes. d. Commissions to agents. — The portion of such proceeds remaining after the payments required by paragraphs (b)(4)a., b. and c. of this section shall be paid to such video lottery agent as commission. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall pay $250,000 of the proceeds received under this section to fund the video lottery agent’s contribution to the Delaware Certified Thoroughbred Program (DCTP) annually. Said amount shall be allocated as of January 1 of each calendar year. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, each agent shall pay $375,000 of the proceeds received under this section to fund the video lottery agent’s contribution to the Delaware Standardbred Breeders’ Program annually. Said amount shall be allocated as of January 1 of each calendar year. (c) (1) All proceeds, net of proceeds returned to players, from the operation of the sports lottery at video lottery agents shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated state lottery account by the agent, and transferred to the State Lottery Fund by the lottery on a daily or weekly basis. Proceeds from the sports lottery at video lottery agents, less the amounts returned to winning players and vendor fees, shall be returned to the State at a rate of 50% of the total win so experienced. Purses shall be paid from the proceeds from the sports lottery conducted at video lottery agents, less amounts returned to winning players and vendor fees, at the rate of 10.2% for video lottery agents licensed only to conduct harness racing meets and at the rate of 9.6% for video lottery agents licensed only to conduct thoroughbred racing meets. The Director, by regulation shall adopt accounting procedures for the sports lottery in order to accommodate the differences between the sports lottery and the video lottery. Administrative costs and expenses incurred by the video lottery agent for the initiation of the sports lottery and the costs of the equipment shall be solely the responsibility of the video lottery agent. The provisions of subsection (b) of this section shall not apply to the proceeds from the operation of the sports lottery. (2) All proceeds, net of proceeds returned to players, from the operation of the sports lottery at sports lottery agents other than video lottery agents shall be held by the State Lottery Fund and such sports lottery agents shall be compensated pursuant to rules adopted under § 4805(a) of this title. Purses shall be paid from the proceeds from the sports lottery conducted at such sports lottery agents, less amounts returned to winning players and fees for sports lottery agents and vendors, to video lottery agents as follows: a. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such agents shall be paid and shall pay additional purses at the rate of 9.6% of the proportion of all sports lottery proceeds in the prior fiscal year generated by video lottery agents that is generated by that video lottery agent. b. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses at the rate of 10.2% of the proportion of all sports lottery proceeds in the prior fiscal year generated by video lottery agents that is generated by that video lottery agent. c. For video lottery agents licensed to conduct both horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28 and Chapter 100 of Title 3, such agents shall be paid and shall pay additional purses at a rate between 9.6% and 10.2% determined by the Office to reflect the ratio of live horse racing days to live harness racing days. (d) Gross table game revenue shall be electronically transferred daily or weekly at the direction of the Lottery Director into a designated state lottery account by the agent, and transferred to the State Lottery Fund by the lottery on a daily or weekly basis. Gross table game revenue shall be applied as follows: (1) Proceeds returned to the State. — a. Except as otherwise provided by this paragraph, of gross table game revenue, there shall be returned to the State 15.5%. b. The funds retained by the State shall be applied as follows: first, to the administrative costs and expenses of the Office, including, but not limited to, administrative expenses including payroll and other employment costs, and law-enforcement and security expenses, including payroll and other employment costs of the state lottery, the Office of the Attorney General, and the Division of Gaming Enforcement; second, $250,000 or 1%, whichever is greater, of the proceeds returned to the State under this paragraph, to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services to be used exclusively for funding programs for the treatment, education and assistance of compulsive gamblers and their families; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101 of Title 3; and fourth, the remainder shall be paid into the State’s General Fund. (2) Purses. — Of gross table game revenue, such agent shall be paid and shall pay additional purses in the amount of 4.5% of such proceeds. a. For video lottery agents licensed only to conduct horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such purses shall be applied under the direction of the Delaware Thoroughbred Racing Commission for races conducted at such agent’s racetrack in accordance with § 10148 of Title 3 or § 427 of Title 28, as appropriate. b. For video lottery agents licensed only to conduct harness racing meets under Chapter 100 of Title 3, such purses shall be applied under the direction of the Delaware Harness Racing Commission to races conducted at such agent’s racetrack in accordance with § 10048 of Title 3. c. For video lottery agents licensed to conduct both harness racing meets under Chapter 100 of Title 3 and horse racing meets under Chapter 101 of Title 3 or Chapter 4 of Title 28, such purses shall be applied pursuant to the formulae set forth in paragraphs (b)(3)b.3. and (b)(3)b.4. of this section. (3) The proceeds remaining after the payments in paragraphs (d)(1) and (2) of this section above shall be paid to video lottery agents as their commission. (4) The administrative costs incurred by the Office shall be an administrative cost of the State. (e) Gross revenue from the Internet video lottery and Internet table games shall be accounted for to the State Treasurer and all proceeds, net of moneys returned to players, shall be placed into a special account known as the State Internet Lottery Fund. From the Fund, the Director shall first pay for the operation and administration of the Internet video lottery and Internet table games. Thereafter, the first $3,750,000 of proceeds in each fiscal year shall be transferred to the State Lottery Fund for the benefit of the State. After $3,750,000 of proceeds has been transferred to the State each fiscal year, the remaining proceeds shall be distributed as follows: (1) The proceeds from the sales of Internet video lottery games shall be distributed pursuant to paragraphs (b)(3) and (b)(4)b.1 - (b)(4)b.4 of this section, provided that the calculations for such distribution shall be done after netting out the proceeds returned to players and administrative and vendor costs; and (2) The proceeds from the sales of Internet table games shall be distributed pursuant to subsection (d) of this section, net of proceeds returned to players, provided that the calculations for such distribution shall be done after netting out the proceeds returned to players and administrative and vendor costs.

Del. Code tit. 29, § 4816 Post-audit of accounts and transactions of Office.

The State Auditor shall conduct a yearly post-audit of all accounts and transactions of the State Lottery Office. The cost of the audit shall be paid out of the State Lottery Fund moneys designated for payment of operating expenses.

Del. Code tit. 29, § 4817 Exemption of lottery prizes from state and local taxation [Repealed].

Repealed by 77 Del Laws, c. 74, § 1, effective Jan. 1, 2010.

Del. Code tit. 29, § 4818 Disclosure of certain information regarding a prize winner.

The name and address of any prize winner under this chapter shall not be disclosed to the public by the State Lottery Office unless permission is given by the prize winner.

Del. Code tit. 29, § 4819 Restrictions on location and use of video lottery and sports lottery machines; fees.

(a) Video lottery machines and table game equipment shall only be located within the confines of an existing racetrack property in this State on which was conducted in 1993 either a horse racing meet pursuant to Title 3 or Title 28 or a harness horse racing meet pursuant to Title 3 and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing; and provided further, that video lottery machines, sports lottery machines and table game equipment shall not be located in a hotel, motel or other overnight sleeping facility. (b) In respect of any pari-mutuel harness racing or pari-mutuel horse racing property the racing operations on which were lawful under any county or municipal zoning ordinance as of January 1, 1993, the use of video lottery machines pursuant to the provisions of this act on such property and/or on any immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing shall not be deemed to change the character of such lawful land use and such use of video lottery machines shall not be prohibited by any such county or municipal zoning ordinance, including amendments thereto. (c) Video lottery machines and sports lottery machines shall be connected to the lottery’s central computer system, except when used for promotional tournaments in which players are not required to pay any fee to participate.The specific hours of operation for each video lottery agent are subject to the recommendation of the Lottery Director and the approval of the Secretary of Finance. (d)(1) Except as otherwise provided in paragraph (d)(2) of this section, for the privilege of hosting the operation of table games, the State shall collect from the video lottery agents for the benefit of the General Fund, for each fiscal year after June 30, 2023, license fees totaling $3,000,000, to be paid June 1, and to be allocated among the video lottery agents offering table games as follows: Each video lottery agent’s license fee shall be the portion of $3,000,000 that is equal to the percentage of gross table game revenue generated at that video lottery facility in the calendar year immediately preceding the license fee due date out of the total gross table game revenue generated at all video lottery facilities in the calendar year immediately preceding the license fee due date. (2) Except as otherwise provided in this paragraph (d)(2), each video lottery agent shall be permitted for purposes of this subsection to reduce the license fee it would otherwise owe for that year pursuant to paragraph (d)(1) of this section by the amount of qualified investments made in the calendar year ending the immediately preceding December 31 by the video lottery agent in the competitiveness of its facilities and business in excess of the amounts required to receive the video lottery agent’s qualified capital expenditure adjustment provided for in § 4815(b)(3)a. of this title, if such qualified investments are increased by the amount of such video lottery agent’s proportional share of the $3,000,000 license fee. If amounts incurred or paid in any year exceed the 3% required for the adjustment under § 4815(b)(3)a.1 of this title and are utilized for a reduction in license fees required by this section, the amount used to reduce the license fee under this paragraph (d)(2) may not also be carried forward under § 4815(b)(3)a.3. of this title. The video lottery agents shall provide the Director annually an accounting of the qualified investments made pursuant to this paragraph. a., b. [Repealed.] (3) [Repealed.]

Del. Code tit. 29, § 4819A Charitable video lottery machines use and restrictions.

(a) An eligible charitable gaming organization must apply for and receive the approval of the Director to operate charitable video lottery machines. The application form which will be promulgated by the Director shall at a minimum include the name of the eligible organization, the location at which the organization is applying to have video lottery machines, the individual who will be the primary contact and the vendor who will supply the charitable video lottery machines. Such approval will take into consideration a recommendation from the Division of Gaming Enforcement before a license is approved by the Director. (b) Proceeds returned to players. — A portion of such proceeds, but not less than 60% or greater than 86% of the total proceeds on an average annual basis received from the operation of a charitable video lottery machine, shall be retained by and returned to the players under rules prescribed by the Director. (c) Proceeds returned to the State. Amounts remaining after all payments to players under subsection (b) of this section, there shall be returned to the State 40%. If the Director determines that a charitable video lottery machine at an authorized charitable gaming organization is connected to the lottery’s central computer system, then there shall be 35% returned to the State. From the amount returned to the State, the vendor who supplies the charitable video lottery machines shall be paid. In addition, 1% of the proceeds returned to the State from this section shall be sent to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers and their families. (d) Application of remaining proceeds. — The proceeds remaining after payments as set forth in subsections (b) and (c) of this section shall be made to the respective charitable gaming organization. (e) The maximum number of charitable video lottery machines that a charitable gaming organization may apply to have and be approved by the Director is 25. Each eligible charitable gaming organization may have up to 10 charitable video lottery machines, plus 1 additional charitable video lottery machine for every 70 members of the charitable gaming organization over 500 members of said organization. Any change in the membership requirements of a charitable gaming organization that in effect would alter the number of charitable video lottery machines a charitable organization would be authorized to have must be approved by the Director of the Lottery. (f) The charitable gaming organization shall submit to the Director a report monthly regarding the amount played and amount returned to the players from the charitable video lottery machines in their respective locations. The form of the report shall be promulgated by the Director. (g) The Lottery Office or the Division of Gaming Enforcement shall have access to the charitable video lottery machines in order to make sure that the intent of 79 Del. Laws, c. 1 is being enforced. (h) The Department of Finance shall enact regulations on an emergency basis to implement the operation of the charitable video lottery machines for the approved charitable gaming organizations. (i) Any organization denied application of being a qualified charitable gaming organization as defined by § 4803(a) of this title may enter the appeal process outlined in § 4830(j) of this title. (j) Effective January 1, 2014, charitable gaming organizations will be required to donate at least 40% of the organization’s proceeds from charitable video lottery machine gaming annually to a charitable purpose, including donations to an organization’s national programs; DE-based 501(c) [26 U.S.C. § 501(c)] charities, local individuals in need, payment in the form of scholarships, sponsorships of local organizations and the use of supplies, equipment and facilities that benefit the communities within the State. For purposes of meeting the 40% threshold, charitable gaming organizations are prohibited of making donations to another qualified charitable gaming organization that has been approved by the Lottery Director and is operating. A report on this activity shall be submitted to State Lottery Office by March 31 of each year on a form promulgated by the Lottery Director. If a charitable organization does not meet the 40% threshold, then it may apply for a waiver from the Secretary of Finance citing the reasons for not obtaining the required level of donations. A decision will be made by the Secretary of Finance whether or not to grant the waiver for a particular year. (k) (1) An Advisory Council on Charitable Gaming Planning is established and shall serve in an advisory capacity to the Secretary of Finance. Its membership shall include: a. The Director of the State Lottery Office. b. One member appointed by the President Pro Tempore of the Senate who is a member of an eligible charitable gaming organization. c. One member appointed by the Speaker of the House who is a member of a eligible charitable gaming organization. d. Two members appointed by the Governor who are members of eligible charitable gaming organizations. (2) The Governor shall designate 1 member to serve as Chairperson of the Council, who shall serve in that capacity for 2 years and shall be eligible for reappointment. (3) The Council shall consider matters relating to the effectiveness of current operational procedures and recommendations for new operational procedures or regulations. (4) Members of the Council shall serve without compensation. (5) Any member of the Council other than the Director of the State Lottery Office shall be subject to removal and replacement, without cause, at any time by the person who appointed or designated the member. (6) The Council shall meet at least 1 time each calendar year, at the call of the Director, the Chairperson, or a majority of the members. (7) The Council shall submit a report on its activities to the Secretary of Finance by November 5 of each year, together with recommendations for legislative and/or administrative changes it deems desirable. ( l ) [Repealed.]

Del. Code tit. 29, § 4820 Rights and obligations of Director and video lottery agent relating to video lottery machines, sports lottery machines and table game equipment.

(a) All video lottery machines, sports lottery machines and table game equipment shall be at all times subject to state control and the use of any such video lottery machines, sports lottery machines and table game equipment shall occur only with the approval of the Office. All video lottery machines and sports lottery machines shall be owned or leased by the State and shall be obtained from manufacturers licensed under § 4805(a)(17) of this title. All video lottery machines and sports lottery machines shall be leased or purchased under the procedures set forth in Chapter 69 of this title. All table game equipment shall be leased, purchased or used by a video lottery agent only upon the approval of the Office and from manufacturers licensed under § 4805(a)(17) of this title. Any video lottery agent must file with the Director a copy of any current or proposed agreement or disclose any other relationship between the agent, its parents, subsidiaries, related entities, directors, officers or key employees for the sale, lease, maintenance, repair or other assignment to the agent’s facility of video lottery machines, sports lottery machines and table game equipment, or any other relationship with any vendor, manufacturer or other party which stands to benefit financially from the possession or use of video lottery machines, sports lottery machines or table game equipment by such agent. Failure to file such information shall constitute grounds for the revocation or suspension of a license. The lottery may own or lease video lottery machines pursuant to this subsection that require the payment of an additional license or proprietary fees and the number of such license or proprietary fee machines at any licensed video lottery agent may not exceed more than 5% of the total number of video lottery machines at the licensed racetrack property unless the Director finds that an additional number of such machines are necessary to increase revenues, will not produce reductions in the overall net proceeds from the lottery, will protect the public welfare, and will ensure the security of the video lottery. (b) (1) Upon submission by a video lottery agent of a proposed plan for the lease or purchase of video lottery machines in accordance with procedures to be established by the Director, the Lottery Director shall lease or purchase the number, type and kind of video lottery machines necessary for the efficient and economical operation of the lottery, or the convenience of the players and in accordance with the plan of the licensee, provided that no more than 2,500 video lottery machines shall be located within the confines of a racetrack property unless the Director recommends up to an additional 1,500 for each racetrack property, and further provided that the Director may recommend the amendment of such plan where the Director finds that such amendments are necessary to increase revenues, provided such amendments do not produce reductions in the overall net proceeds from the video lottery, protect the public welfare or ensure the security of the video lottery, provided that the maximum number of video lottery machines under this subsection shall not include video lottery machines at each racetrack used exclusively for promotional tournaments in which players are not required to pay any fee to participate. Such recommendations by the Lottery Director are subject to the approval of the Secretary of Finance. No more than 30 promotional tournament machines are permissible at each racetrack. The Director’s lease or purchase of video lottery machines under this subsection shall be pursuant to the procedures used for procurement under §§ 6981 and 6982 of this title. (2) No refund of license fees shall be payable for any unexpired term of a license. (c) Upon submission by a video lottery agent of a proposed plan for the lease or purchase of sports lottery machines in accordance with procedures to be established by the Director, the Lottery Director shall lease or purchase the number, type and kind of sports lottery machines necessary for the efficient and economical operation of the lottery, or the convenience of the players, and in accordance with the plan of the licensee, provided that the Director may recommend the amendment of such plan where the Director finds that such amendments are necessary to increase revenues, protect the public welfare or ensure the security of the video lottery. The Director’s lease or purchase of sports lottery machines under this subsection shall be pursuant to the procedures used for procurement under Chapter 69 of this title. (d) Each video lottery agent shall be responsible for the security and safekeeping of the video lottery machines, sports lottery machines and table game equipment of which it has physical custody. (e) The Director shall contract with an independent laboratory, which shall be licensed as a service company, to test video lottery machines, sports lottery machines and table game equipment and related equipment on a periodic basis to ensure that the machines and equipment comply with the requirements of this chapter and any other applicable standards and regulations. The manufacturer, vendor or lessor of such machines and equipment shall pay all costs associated with such testing. (f) Each video lottery agent shall hold the Director and this State harmless from and defend and pay for the defense of any and all claims which may be asserted against the Director, the State or the employees thereof, arising from the participation in the games at a video lottery facility; specifically excluding, however, any claims arising from the negligence or wilful misconduct of the Director, the State or the employees thereof. (g) Each video lottery agent shall provide access to all records of the licensee and the physical premises of the business or businesses where the agent’s lottery activities occur for the purpose of monitoring or inspecting the agent’s activities and the lottery games, machines and associated equipment. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title. (h) Prior to commencing the operations of any table game in a gaming area, a video lottery agent shall submit to the Office for its approval a detailed floor plan depicting the location of the gaming area in which table game equipment will be located, the proposed arrangement of the table game equipment, and sufficient area to be used by the Office and Division of Gaming Enforcement for their operations at the video lottery facility. Within 30 days, the Office shall approve such plans that satisfy the rules and regulations promulgated by the Office and shall deny such other plans. Amendments to an approved floor plan shall be submitted to the Office for its approval, and the Office shall, within 15 days, approve such amendments that satisfy the rules and regulations promulgated by the Office and shall deny such other plans.

Del. Code tit. 29, § 4821 Decision to forego video lottery.

Any person, corporation or association licensed under Chapter 100 of Title 3 to conduct a harness horse racing meet during 1993 which conducted live harness horse races on 30 days or less during 1993 may forego the opportunity to become a video lottery agent under this chapter. Any such person, corporation or association electing to forego such opportunity shall notify the Director and all other video lottery agents of such decision, and so long as such person, corporation or association conducts live harness horse races on at least 90% of the same number of racing days as were conducted by such person, corporation or association in 1992, and so long as such person, corporation or association maintains and awards an average purse per race which is not less than the average purse per race offered by such person, corporation or association during 1992, then such person, corporation or association shall receive an annual payment of $100,000 from all video lottery agents licensed under Chapter 101 of Title 3 and $75,000 from all video lottery agents licensed under Chapter 100 of Title 3 or Chapter 4 of Title 28, such payment to be made on an annual basis commencing 6 months after the first customer plays the video lottery and shall continue so long as the video lottery is in operation. Video lottery agents licensed under more than 1 chapter of Title 28 and Title 3 shall only make 1 payment as set forth in the preceding sentence. An election to forego the opportunity to become a video lottery agent shall be effective for 1 year from the date of such election, after which time the licensee making the election may apply for licensure to become a video lottery agent, or may elect to forego such opportunity for an additional 1 year.

Del. Code tit. 29, § 4822 Annual crime report.

The State Lottery Office, with the assistance of the Attorney General’s Office and the Division of Gaming Enforcement, shall annually provide to the General Assembly a report detailing the crimes that occur within the communities surrounding each racetrack property, including an analysis of crimes relating to table gaming, whether in or outside the property of a video lottery facility.

Del. Code tit. 29, § 4823 Enforcement.

(a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a license issued pursuant to § 4805 of this title, or any administrative order issued pursuant to this section, shall be punishable as follows: (1) If the violation has been completed, by a civil penalty imposed by Superior Court, which shall have jurisdiction of civil penalty actions brought pursuant to this section, of not less than $1,000 nor more than $10,000 for each completed violation. Each day of a continued violation shall be considered as a separate violation if, on each such day, the violator has knowledge of the facts constituting the violation and knows or should know that such facts constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall not be a defense to a continued violation with respect to the first day of its occurrence. (2) If the violation is continuing or there is a substantial likelihood that it will reoccur, the Director may also seek a temporary restraining order, preliminary injunction or permanent injunction in the Court of Chancery, which shall have jurisdiction of an action for such relief. (3) In the Director’s discretion, the Director may impose an administrative penalty of not more than $1,000 for each violation. Each day of continued violation shall be considered as a separate violation if the violator has knowledge of the facts constituting the violation and knows or should know that such facts constitute or may constitute a violation. Lack of knowledge regarding such facts or violation shall not be a defense to a continued violation with respect to the first day of its occurrence. Prior to the assessment of an administrative penalty, written notice of the Director’s proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of such notice to request a public hearing. Any public hearing, if requested, shall be held prior to the imposition of the penalty and shall be governed by § 10125 of this title. If no hearing is timely requested, the proposed penalty shall become final and shall be paid no later than 60 days from receipt of the notice of proposed penalty. Assessment of an administrative penalty shall take into account the circumstances, nature and gravity of the violation, as well as any prior history of violations, the degree of culpability, the economic benefit to the violator resulting from the violation, any economic loss to the State and such other matters as justice may require. In the event of nonpayment of an administrative penalty within 30 days after all legal appeal rights have been waived or otherwise exhausted, a civil action may be brought by the Director in Superior Court for the collection of the penalty, and for interest, from the date payment was due, attorneys’ fees and other legal costs and expenses. The validity or amount of such administrative penalty shall not be subject to review in an action to collect the penalty. Any penalty imposed after a public hearing is held pursuant to this subsection shall be appealable to Superior Court, and such appeal shall be governed by § 10142 of this title. (4) In the Director’s discretion, the Director may endeavor to obtain compliance with requirements of this chapter by written administrative order. Such order shall be provided to the responsible party, shall specify the complaint, and propose a time for correction of the violation. It may also provide an opportunity for a public hearing at which the Director shall hear and consider any submission relevant to the violation, corrective action or the deadline for correcting the violation. (b) The Director shall enforce this chapter. (c) Any interest, costs or expense collected under this section shall be appropriated to the State Lottery Office to carry out the purposes of this chapter.

Del. Code tit. 29, § 4824 Advisory Council on Video Lottery Planning.

(a) An Advisory Council on Video Lottery Planning is established and shall serve in an advisory capacity to the Secretary of Finance. Its membership shall include: (1) The Director of the State Lottery Office. (2) One member from each licensed video lottery agent, to be designated by the respective agent. (3) Two members representing all of the licensed manufacturers of video lottery machines to be designated by the Director of the State Lottery Office, and/or the licensed manufacturer of the central computer systems to be designated by the Director of the State Lottery Office. (4) One sports lottery agent designated by the Director of the State Lottery Office. (b) The Governor shall designate one member to serve as Chairperson of the Council, who shall serve in that capacity for 2 years and shall be eligible for reappointment. (c) The Council shall consider matters relating to the growth and competitive vitality of the video lottery industry in the State, including but not limited to: (1) The status of video lottery game development issues in the State; (2) The status of known game problem resolution; (3) Personnel issues and concerns affecting the industry; (4) The effectiveness of current operational procedures and recommendations for new operational procedures or regulations; (5) The competitive vitality of the video lottery industry in the State, and recommendations for marketing and technological improvements; (6) Issues and concerns relating to the repair and maintenance of video lottery machines and related equipment, including preventive maintenance programs; (7) Video lottery agent or manufacturer specific projects that will impact the operation of the video lottery; and (8) Issues and concerns of the State Lottery Office relating to video lottery operations and the status of internal control approvals. (d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable necessary expenses incident to their duties as members in accordance with state law. (e) Any member of the Council other than the Director of the State Lottery Office shall be subject to removal and replacement, without cause, at any time by the person who appointed or designated the member. (f) The Council shall meet at least 1 time each calendar year, at the call of the Director, the Chairperson, or a majority of the members. (g) The Council shall submit a report on its activities to the Secretary of Finance by November 5 of each year, together with recommendations for legislative and/or administrative changes it deems desirable.

Del. Code tit. 29, § 4825 Sports lottery.

(a) The Director shall, pursuant to the authority granted under § 4805(a)(1) and (b)(4) of this title, commence a sports lottery as soon as practicable. The Director shall, by rules and regulations, provide for the features and attributes of a sports lottery. The regulations must, in the Director’s judgment, administer the sports lottery in a manner which will produce the greatest income for the State while minimizing or eliminating the risk of financial loss to the State. (b) A person under the age of 21 may not purchase a sports lottery ticket, or wager on a sports lottery machine, or in any way participate in the sports lottery. (c) The Director may commence a sports lottery located at facilities operated by video lottery agents licensed by the State and such other sports lottery agents as shall be licensed pursuant to the terms of this chapter. Licenses awarded to video lottery agents relative to the video lottery shall automatically allow those agents to operate facilities at which the sports lottery can be conducted. (d) The Director may, in the Director’s discretion, grant licenses to operate the sports lottery to sports lottery agents, which shall be a qualified, person, business, organization or entity that owns or operates an appropriate property. Before issuing a license to a sports lottery agent, each person seeking a license shall comply with the criminal background check required by this chapter and at least 1 person shall receive a background check to the standard of a sports lottery operations employee. In granting licenses, the Director shall consider the factors in § 4806(a) of this title and, if the Director shall find that the experience, character and general fitness of the applicant are such that the participation of such a person as a sports lottery agent will be consistent with the public interest, convenience and purposes of this chapter, the Director shall thereupon grant a license. In prioritizing applications for a license under this section, the Director shall give preference to proposals likely to foster economic growth and maximize employment. Change of ownership of the licensed business, organization or entity occurring after the Director has issued a license shall automatically terminate the license 90 days thereafter unless the Director has determined after application to issue a license to the new owner or owners because the new owner or owners have met the requirements of this chapter. Any license granted pursuant to this subsection is a privilege personal to the sports lottery agent and is not a legal right. A license granted or renewed pursuant to this subsection may not be transferred or assigned to another person, nor may a license be pledged as collateral. Each sports lottery agent shall be responsible for the security and safekeeping of the sports lottery machines of which it has physical custody. Each sports lottery agent shall provide access to all records of the licensee and the physical premises of the business or businesses where the agent’s lottery activities occur for the purpose of monitoring or inspecting the agent’s activities and the lottery games, machines and associated equipment. None of the information disclosed pursuant to this subsection shall be subject to disclosure under the Freedom of Information Act, § 10001 et seq. of this title. For purposes of this subsection, “a change of ownership” shall have occurred if more than 20% of the legal or beneficial interests in such person, corporation or association shall be transferred, whether by direct or indirect means.

Del. Code tit. 29, § 4826 Internet lottery.

(a) The Director is authorized to operate an Internet lottery in accordance with this chapter, other Delaware laws, and federal law. (b) No Internet lottery game shall be conducted unless the software, computer or other gaming equipment utilized can verify that the player engaged in such game is physically present in the State at the time they engage in such games. The Office shall confirm that players of the Internet lottery are, in fact, verified to be physically located in the State at the time they place a wager in such games. Notwithstanding the foregoing, persons who are not physically present in this State may engage in Internet lottery games only if the Office determines that such games are not inconsistent with federal law and the law of the jurisdiction in which the person is physically present, or if such games are conducted pursuant to an interstate compact to which the State is a party that is not inconsistent with federal law. (c) The Director shall have the duty to promulgate such rules and regulations governing the Internet lottery as the Director deems necessary and desirable in order that the Internet lottery be initiated at the earliest feasible time in a manner that provides for the security and effective administration of such games, including but not limited to: (1) The type, number, payout, wagering limits, and rules for Internet lottery games; (2) The creation, utilization, of Internet lottery accounts by players of the Internet lottery, provided that such accounts shall be possessed only by a natural person and not in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity, and provided that such accounts shall not be assignable or otherwise transferable; (3) Procedures for logging in Internet lottery account holders, authenticating their identity, agreeing to the terms, conditions and rules applicable to such games, and logging out, including procedures for automatically logging off persons from the Internet lottery after a specified period of inactivity; (4) Procedures for acquiring funds in an Internet lottery account by cash, transfer or other means, the withdraw of such funds from such accounts, the suspension of Internet lottery account activity for security reasons, the termination of Internet lottery accounts and disposition of proceeds therein, and the disposition of unclaimed amounts in dormant Internet lottery accounts pursuant to Chapter 11 of Title 12; (5) Mechanisms by which the Office or persons playing Internet lottery games may place limits on the amount of money being wagered per game or during any specified time period, or the amount of losses incurred during any specified time period; (6) Mechanisms to exclude from the Internet lottery persons not eligible to play by reason of age, inclusion on a list of self-excluded persons in § 4834 of this title, or inclusion by the Director on a list for exclusion pursuant to § 4835 of this title; (7) Procedures for the security and reliability of Internet lottery games and Internet lottery accounts, protection of the software, computers and other equipment used in the Internet lottery, and mechanisms to prevent tampering or utilization by unauthorized persons; and (8) Mechanisms by which the Office shall require that accounts for Internet ticket game purchases be funded by purchase of a prepaid card or other mechanism obtained from a lottery agent through which players can transfer money or credits for Internet ticket game play. (d) The Director shall cause each Internet site on which the Internet lottery is conducted to include an advertisement for and link to additional information for services for the treatment, education and assistance of compulsive gamblers and their families.

Del. Code tit. 29, § 4827 Table gaming.

(a) Legislative findings. — (1) The General Assembly finds that the video lottery operated by the Delaware Lottery plays a critical role in the economy of the State; that it has made significant revenue contributions to the State; that it has provided for significant employment opportunities in the State; that it has greatly benefited the horse breeding, horse racing and agricultural industries in the State; that it has contributed to the preservation of open space in the State; that it has enhanced tourism in the State; that it has provided many indirect benefits to various segments of the State’s economy; and that video lottery agents have made significant investments in their personnel and their facilities to host the video lottery. (2) The General Assembly finds that allowing the Delaware Lottery also to offer table gaming at the sites of video lottery agents could further the success of the Delaware lottery; foster additional revenue contributions to the State; promote Delaware as a leisure and tourism destination; create as many as 750 new jobs; and provide other indirect benefits throughout the State’s economy. (3) The General Assembly finds that table game wagers authorized under this article are lotteries under state control. Each game involves the 3 essential elements necessary for a lottery: consideration, chance and a prize. The General Assembly finds that where a table game wager has mixed elements of chance and skill, it will continue to qualify as a lottery as long as chance is the predominant factor. The General Assembly further finds that the outcome of the table games expressly enumerated under this subchapter is determined predominantly by chance. (4) The General Assembly finds that an essential element of the regulation and control of video lottery agents by the State rests in the public confidence and trust in the credibility and integrity of the regulatory process and gaming operations. The General Assembly further finds that the regulatory provisions of this act are designed to extend strict state control over all persons, locations, practices and associations related to the operation of licensed video lottery agents. (b) The Director shall, pursuant to the authority granted under § 4805 of this title, establish an initial regulatory framework for table games and commence table game operations as soon as reasonably possible. The Director shall, by rules and regulations, provide for the features and attributes of the table game operations. (c) The regulations must administer table game operations in a manner that minimizes or eliminates the risk of financial loss to the State. (d) Table game operations shall be conducted exclusively at video lottery facilities owned and operated by video lottery agents licensed in the State. Licenses awarded to video lottery agents relative to the video lottery shall allow those agents to act as agents for the State with respect to table game operations, and such licenses shall be subject to the same license requirements and procedures as video lottery licenses pursuant to this subchapter. (e) On March 15 of each year, each video lottery agent shall report to the Office, in a form and in a manner required by the Office, and to the General Assembly the number of full-time and part-time employees engaged in the conduct of table games and the number of full-time and part-time employees otherwise engaged.

Del. Code tit. 29, § 4828 Licensing of video lottery agent directors, officers, and employees.

(a) The Director shall have the power and duty to license those persons required by this chapter to be licensed and to promulgate rules and regulations for such purpose. The licensure procedure shall include the satisfaction of such security, fitness and background standards as determined 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 the lottery. (b) It shall be the obligation of the video lottery agent to notify the Director on a continuing basis of any change in officers, directors, key employees, gaming employees, gaming room service employees, sports lottery operations employees and persons who own, directly or indirectly, 10% or more of such entity. Persons holding key employee licenses on January 28, 2010, shall remain licensed as key employees and shall not be required to seek licensure under this section until the license is to be renewed. Persons holding video lottery operations employee licenses shall remain licensed as a gaming employee, but shall be required to seek renewal of their licenses no later than July 28, 2010. (c) [Repealed.]

Del. Code tit. 29, § 4829 Licensing of service companies.

(a) “Service company” shall mean: (1) Any vendor offering goods or services relating to the manufacture, operation, maintenance, security, distribution, service or repair of video lottery machines, sports lottery machines or table game equipment directly to the State; (2) Any vendor offering goods or services to a video lottery agent on a regular and continuing basis, as defined in regulations promulgated hereunder; or (3) Any person providing gaming excursion services to a video lottery agent. (b) The Director shall have the power and duty to license those service companies meeting this definition as the Director determines to be necessary to the integrity of the operations of the lottery, and to promulgate rules and regulations for such purpose. The licensure procedure shall include the satisfaction of such security, fitness and background standards as determined necessary relating to competence, honesty and integrity, such that a service company’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, the lottery. Vendors holding licenses as technology providers or other service provider shall remain licensed as a service company and shall not be required to seek licensure under this section until the license is to be renewed. Vendors licensed or approved by the Harness Racing Commission or the Thoroughbred Racing Commission to provide services to a video lottery agent need not secure a service company license pursuant to this section unless such vendor seeks to provide services other than those already authorized. (c) Each service company identified in this section shall be licensed in accordance with the standards of a key employee. The owners, management, and supervisory personnel of each such service company shall be qualified to the standards of and for the term of a key employee. The employees of each such service company whose duties and responsibilities involve the security, maintenance, servicing, repair, or operation of video lottery machines or table game equipment shall be licensed to the standards of and for the term of a gaming employee. (d) Each service company identified in paragraph (a)(2) of this section shall be licensed in accordance with the standards of a key employee except as to the requirement to establish financial stability, integrity and responsibility. The owners, management, and supervisory personnel of each such service company shall be qualified to the standards of a key employee, except as to the requirement to establish financial stability integrity and responsibility. (e) Each service company identified in paragraph (a)(3) of this section shall be licensed in accordance with the standards of a key employee except as to the requirement to establish financial stability, integrity and responsibility. The employees of each such service company whose duties and responsibilities include arranging, procuring or selecting participants in a gaming excursion shall be qualified to the standards of a key employee, except as to the requirement to establish financial stability integrity and responsibility. (f) For purposes of this section, an owner of a corporation shall be defined as “any person who owns directly or indirectly more than 10% of the equity securities of the corporation.” (g) (1) Each service company identified in paragraph (a)(1) of this section shall be licensed as a service company prior to conducting any business whatsoever, provided, however, that upon a finding of good cause by the Director for each business transaction, the Director may permit an applicant for such service company license to conduct business transactions prior to the licensure of that company. (2) Each service company identified in paragraph (a)(2) of this section, may transact business with a video lottery agent prior to obtaining a service company license upon the filing of a vendor registration form by a video lottery agent for such service company pursuant to regulations promulgated hereunder. (h) [Repealed.] (i) The risk manager of the sports lottery must be a bookmaker currently licensed to operate, and operating, sports books in the United States and the sports lottery technology system provider must be licensed to operate lotteries in the United States. The Director may determine whether the licensing standards of another state are comprehensive, thorough and provide similar adequate safeguards and, if so, may, in the Director’s discretion, license an application already licensed in such state without the necessity of a full application and background check.

Del. Code tit. 29, § 4830 Standards of licensing.

(a) All applicants, licensees, registrants, or any other person who must be qualified pursuant to this chapter shall have the continuing duty to provide any assistance or information required by the Director or the Division of Gaming Enforcement, and to cooperate in any background check or investigation conducted by the Division of Gaming Enforcement or in any hearing conducted by the Director. If an applicant, licensee, registrant or any other person who must be qualified pursuant to this act refuses to provide information, evidence or testimony upon formal request by the Director or the Division of Gaming Enforcement, the Director may deny or revoke the application, license, registration or qualification of such person. (b) An applicant for a key license or gaming employee license shall be required to establish that applicant’s qualifications for obtaining a license by clear and convincing evidence. The Director of the Delaware lottery shall deny a license to any applicant who fails to prove by clear and convincing evidence that the applicant is qualified under the provisions of this chapter. (1) An applicant for a key license or gaming employee license shall provide such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has good character, honesty and integrity. (2) An applicant for a key license or gaming employee license has the affirmative obligation to provide such information, documentation and assurances as may be required to establish by clear and convincing evidence that the applicant has financial stability, responsibility and integrity. (c) The Director shall deny a license to any applicant or revoke the license of any licensee based on the following criteria: (1) The conviction of a felony in any jurisdiction; (2) The conviction of a gambling offense or a crime of moral turpitude in any jurisdiction within 10 years prior to applying for a license or at any time subsequent to the granting of a license; (3) The commission of any act within 10 years prior to applying for a license or at any time subsequent to the granting of a license in any jurisdiction, which would constitute any offense enumerated in paragraphs (c)(1) and (2) of this section, even if such conduct has not been prosecuted, or if prosecuted, has not resulted in a conviction; (4) A conviction which has been the subject of a pardon or order of expungement shall not be grounds for automatic disqualification under paragraphs (c)(1) and (2) of this section, but may be grounds for disqualification under paragraph (c)(3) of this section. Such conviction also may be considered in evaluating an applicant’s ability to demonstrate the applicant’s qualifications pertaining to good character, honesty and integrity; (5) Current prosecution for any offense listed in paragraphs (c)(1) and (2) of this section, provided that, at the request of the applicant, the Director shall defer its decision on the application during the pendency of the charge; (6) The failure to provide information, documentation and assurances required by the act or requested by the Director, or the supplying of information which is untrue or misleading as to a material fact pertaining to the criteria for obtaining a license; (7) Notorious or unsavory reputation that would adversely affect public confidence and trust that the Delaware Lottery is free from criminal or corruptive elements; or (8) Anything that, in the opinion of the Director, would denigrate or undermine the integrity or overall soundness of the lottery, including but not limited a person’s reputation, habits and associations that may pose a threat to the public interest of the State or to the reputation or effective control of the lottery. (d) Notwithstanding the provisions in paragraphs (c)(1), (2), and (3) of this section above for the denial or revocation of a license, no application should be denied and no license should be revoked if the applicant or licensee is able to demonstrate that applicant’s or licensee’s rehabilitation by clear and convincing evidence. In determining whether an applicant or licensee has affirmatively established that applicant’s or licensee’s rehabilitation, the Director shall consider the following factors: (1) The conviction occurred more than 5 years from the date of application; (2) The nature and duties of the position applied for; (3) The nature and seriousness of the offense or conduct; (4) The circumstance under which the offense or conduct occurred; (5) The age of the applicant or licensee when the offense or conduct was committed; (6) Whether the offense or conduct was an isolated or repeated incident; and (7) Any evidence of rehabilitation including, without limitation, good conduct in prison or in the community; successful completion of court-ordered probation; counseling or medical treatment received; and the recommendations of persons who have had the person under their supervision. (e) Participation in gaming operations as a licensed employee or service company under this chapter shall be deemed a revocable privilege conditioned upon the proper and continued qualification of the individual licensee and upon the discharge of the affirmative responsibility of each such licensee to provide to the regulatory and investigatory authorities established by this subchapter, any assistance and information necessary to assure that the policies declared by this subchapter are achieved. Consistent with this policy, it is the intent of this chapter to preclude the creation of any property right in any license permitted by this chapter, or the accrual of any value to the privilege of participation in gaming operations, and to require that participation in gaming be solely conditioned upon the individual qualifications of the person seeking such privilege. (f) (1) All information and data required by the Office to be furnished in the application or investigative process, or which otherwise may be obtained by the Office or Division of Gaming Enforcement, pertaining to an applicant’s criminal record, financial record, family and background, including, but not limited to, an application form, license investigation report, or request for placement on the self-exclusion list, shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law-enforcement agency. The Division of Gaming Enforcement may enter into agreements with other law-enforcement agencies or other gaming regulatory agencies that have law-enforcement status for the sharing of confidential information. Any person who violates this paragraph (f)(1) shall be guilty of a Class A misdemeanor. (2) All information and data required by the Office or the Division of Gaming Enforcement to be furnished, or which otherwise may be obtained by the Office or the Division of Gaming Enforcement, relative to internal controls of a video lottery agent shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or, with the approval of the Attorney General, to a duly authorized law-enforcement agency. Any person who violates this paragraph (f)(2) shall be guilty of a Class A misdemeanor. (g) The licensure procedure shall take no more than 90 days to complete, unless extenuating circumstances require a longer period, in which case the Director and the State shall act with all deliberate speed to complete the process. The Division of Gaming Enforcement or persons acting at the direction of the Division of Gaming Enforcement shall conduct the security, fitness and background checks required by this chapter. (h) The Director may issue temporary licenses for good cause and upon a finding that the issuance of a temporary license is necessary to allow for the efficient operation of the video lottery facility. Temporary licenses shall remain in effect for no more than 6 months from the date of issuance. (i) The Director of the Delaware Lottery may issue an emergency order for the suspension of any license, other than a video lottery agent license, if the Director finds that: (1) A licensee has been charged with a violation of the criminal laws of Delaware or any jurisdiction; and (2) Such action is necessary to preserve the public policy of this subchapter. An emergency order shall set forth the grounds upon which it is issued and shall be effective immediately upon issuance, and remain in effect until further order of the Director. An emergency order for suspension shall be served upon the licensee within 5 days of issuance. The person or entity against whom the emergency order has been issued shall be entitled to a hearing on an appeal to the Lottery Commission for reconsideration in accordance with the provisions of this chapter and the regulations promulgated hereunder. (j) (1) Within 30 days after an adverse determination by the Director, the applicant or licensee seeking to appeal the denial of a permit application or revocation or suspension of a previously issued permit may demand a hearing before the Lottery Commission and show cause why the Director’s determination was in error. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects the person’s right to petition for judicial review. (2) Upon receipt of a demand for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Director and the person demanding the hearing. At the hearing, the person seeking the hearing shall have the affirmative obligation to demonstrate by clear and convincing evidence that the Director’s determination was in error under the criteria for licensing established by this chapter and any regulations hereunder. (3) If, upon completion of the hearing, the Lottery Commission determines that the person seeking the hearing has met that person’s own burden of proof, an order to that effect should be entered and the license issued. If, upon completion of the hearing, the Lottery Commission finds that the person seeking the hearing has not met that person’s own burden of proof, an order shall be entered to that effect. This order is subject to review in the Superior Court pursuant to the Administrative Procedures Act [Chapter 101 of this title]. (k) Any person 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.

Del. Code tit. 29, § 4831 Prohibition on employment of persons or service companies without a license.

(a) It shall be unlawful for any licensed agent to employ or continue to employ an individual or service company that is required to possess a license under the provisions of this chapter, but that is not licensed. A licensed agent who violates the provisions of this section shall pay a fine imposed by the Director of not less than $1,000 and not more than $5,000. A licensed person who knowingly violates the provisions of this section is guilty of a class A misdemeanor. (b) Any individual or service company that works or is employed in a position whose duties require licensing under the provisions of this chapter, without holding the requisite license, is guilty of a class A misdemeanor.

Del. Code tit. 29, § 4832 Prohibition on employee gaming.

It shall be unlawful for any key employee or gaming employee who is required to hold a license under this chapter to wager on table games or the video lottery in a video lottery facility in which such employee is employed. Violation of this section shall subject the violator to the imposition of a fine.

Del. Code tit. 29, § 4833 Exemption from federal law.

Pursuant to § 2 of Chapter 1194, 64 Stat. § 1134, 15 U.S.C. § 1172, the State, acting by and through its duly elected and qualified members of the General Assembly, does declare and proclaim that the State is exempt from Chapter 1194, 64 Stat. § 1134, 15 U.S.C. § 1172, and that the shipment of table gaming equipment, sports lottery machines and video lottery machines to video lottery agents in Delaware, done in accordance with federal law, shall be a legal shipment of a gambling device within the State.

Del. Code tit. 29, § 4834 List of persons self-excluded from gaming activity.

(a) The Director shall provide by regulation for the establishment of a list of persons self-excluded from gaming activity at video lottery facilities or through the Internet lottery. A person may request placement on the list of self-excluded persons by acknowledging in a manner to be established by the Director that the person is a problem gambler and by agreeing that, during the period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any gaming activity at a video lottery facility or through the Internet lottery. (b) A person may request placement on the list of self-excluded persons for any of the following periods: (1) Lifetime; (2) Five years; (3) One year. (c) The Director shall establish procedures for placements on and removals from the list of self-excluded persons and procedures for the transmittal to operators of a video lottery facility of identifying information concerning self-excluded persons. (d) The Director shall require licensed agents of video lottery facilities to establish procedures designed to: (1) Prevent self-excluded persons from engaging in any gaming activity; (2) Remove them from any forms of advertising or promotions; and (3) Deny self-excluded persons access to credit, complimentaries, check cashing privileges, and similar benefits. (e) The list of self-excluded persons shall be confidential and not open to public inspection under Chapter 100 of this title. (f) A licensed video lottery agent and the directors, officers and employees of a video lottery agent shall not be liable to any self-excluded person or any other party in any judicial proceeding for any harm, monetary or otherwise, that may arise as a result of the failure of the video lottery facility to withhold gaming privileges to a self-excluded person. (g) A licensed video lottery agent and the directors, officers and employees of a licensed video lottery agent shall not be liable to any self-excluded person or any other party in any judicial proceeding for any harm, monetary or otherwise, which may arise as a result of disclosure in any manner, other than a wilfully unlawful disclosure, of the identity of any self-excluded person.

Del. Code tit. 29, § 4835 Exclusion or ejection of certain persons from video lottery facilities and Internet lottery games; exclusion of certain persons from participating in sports lottery games.

(a) The Director shall by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any video lottery agent’s facility and excluded from participating in any capacity in the play of any table game, sports lottery game, video lottery game, or Internet lottery game. Persons shall be placed on the list by order of the Director, predicated upon the filing of a petition by the Division of Gaming Enforcement. Persons shall be placed on the list if a reasonable basis exists for believing that the person’s engagement in the games or presence in the facility is inimical to the interests of this State, or to the operation of a video lottery agent’s facilities, or both. Such provisions shall define the standards for exclusion and shall require the Director and the Division of Gaming Enforcement to consider any: (1) Prior conviction of a crime which is a felony in this State or under the laws of the United States; or a crime involving moral turpitude; or a violation of the gaming laws of any state; (2) Violation or conspiracy to violate any of the provisions of § 1471 of Title 11; (3) The failure to disclose an interest in a video lottery facility for which the person must obtain a license; (4) Wilful evasion of fees or taxes; (5) Notorious or unsavory reputation which would adversely affect public confidence and trust that the Delaware Lottery is free from criminal or corruptive elements; or (6) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted. (b) The Director also shall provide by regulation for the establishment of a list of persons who are to be excluded from participating in any capacity in the play of any sports lottery game, whether such sports lottery game is conducted at a video lottery agent’s facility or a sports lottery agent’s facility. The Director may place a person on the list of excluded sports lottery players by an order that shall be predicated upon the completion of an investigation conducted by the Division of Gaming Enforcement and its written report to the Director. Such regulatory provisions shall define the standards for exclusion from participation in any sports lottery games and shall require the Director to consider 1 or more of the following factors: (1) Prior conviction of a crime that is related to sports betting in any jurisdiction. (2) Anything that, in the opinion of the Director, would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery. (c) (1) The Director may issue an emergency order to exclude any person from participating in any capacity in the play of any sports lottery game if the Director finds that the person poses an immediate threat that would denigrate or undermine the integrity or overall soundness, financial stability, or reputation of the lottery, which may include a person’s reputation, habits, and associations that may pose a threat to the public interest of the State or the reputation or effective control of the lottery. (2) An emergency order shall set forth the grounds upon which it is issued and shall be effective immediately upon issuance and shall remain in effect until further order of the Director. In addition, an emergency order to exclude a person from participating in any capacity in the play of any sports lottery game shall be served upon the excluded sports lottery player within 7 calendar days of issuance. After the Division of Gaming Enforcement completes an investigation and report to the Director that confirms the excluded sports lottery player meets the criteria of this subsection or that the excluded sports lottery player does not meet the criteria of this subsection, the Director shall issue a further order regarding the excluded sports lottery player, which order may finalize the decision to exclude the sports lottery player or reverse the decision to exclude the sports lottery player. (d) In considering placement on the exclusion list, it shall be improper to discriminate on any basis prohibited by § 711(b) of Title 19. (e) Whenever the name and description of any person is placed on a list pursuant to this section, the Director shall serve notice of such fact to such person: (1) By personal service; (2) By certified mail to the last known address of such person; or (3) By publication daily for 1 week in 1 of the principal newspapers published in the city of Dover and in 1 of the principal newspapers published in the city of Wilmington, Delaware. (f) Within 30 days after service by mail or in person or 60 days after the last publication, the person named may demand a hearing before the Lottery Commission and show cause why that person’s name should be taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects that person’s right to petition for judicial review. (g) Upon receipt of a demand for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the Division of Gaming Enforcement, the Director, and the person demanding the hearing. At the hearing, the Division of Gaming Enforcement, or the Director, whichever initiated the placement of the person on the exclusion list or the list of excluded sports lottery players, shall have the affirmative obligation to establish a reasonable basis that the person named for exclusion satisfies the criteria for exclusion established by this section and any regulations hereunder. (h) If, upon completion of the hearing, the Lottery Commission determines that: (1) The Division of Gaming Enforcement or the Director has not met the burden of proof, an order shall be entered requiring that the person’s name be removed from the list of excluded persons or the list of excluded sports lottery players and requiring the Director to so notify all video lottery agents of the person’s removal from the list. (2) Placing the person on the exclusion list or the excluded sports lottery players list was proper, an order shall be entered to that effect, and the Lottery Commission shall serve a copy of that order on the person so named pursuant to subsection (e) of this section, as well as all video lottery agents. This order is subject to review in the Superior Court, which shall have exclusive jurisdiction over appeals of exclusion listings from the Lottery Commission. (i) Nothing contained in this section shall: (1) Affect the common law right of a video lottery agent, as an owner or lessor of property, from excluding or ejecting any person from its property for any reason that is not unlawful or excluding any person from participation in Internet lottery games for any reason that is not unlawful; or (2) Be applicable to any action undertaken by a video lottery agent in the exercise of such right.

Del. Code tit. 29, § 4836 Penalties for wagering by excluded persons.

(a) Any person whose name has been placed on the list of persons to be excluded from participating in any capacity in the play of any sports lottery game or Internet lottery game or excluded or ejected from a video lottery agent’s facility, except for persons whose name has been placed on the self-exclusion list, who thereafter knowingly participates in any capacity in the play of any sports lottery game or Internet lottery game or enters the premises of a video lottery facility, is guilty of a class A misdemeanor. (b) Any person whose name has been placed on the self-exclusion list, who thereafter knowingly enters a gaming area or engages in the Internet lottery, is guilty of a class A misdemeanor. (c) A video lottery agent shall have a duty to keep from its premises any person who is on the list of persons to be excluded from entering a video lottery facility and shall have a duty to keep from its gaming room any person who is on the self-exclusion list. The Director may revoke, limit, condition, or suspend the license of a video lottery agent, or impose a fine or other monetary penalty, if that video lottery agent knowingly fails to exclude or eject from its premises any person placed on the list of persons to be excluded or ejected, or knowingly fails to exclude or eject from its gaming room any person on the self-exclusion list. (d) A person who is prohibited from gaming activity by any order of the Director, or court of competent jurisdiction, or by any provision of this subchapter, including underage persons and any person on the exclusion or self-exclusion list, shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity. The Director shall provide by regulation for the procedures of handling the forfeiture of any winnings or the prohibition of recovering any losses by persons prohibited from gaming activity as set forth in this subsection. (e) In addition to any other penalty provided by law, any money or thing of value which has been obtained by any person prohibited from gaming activity in a 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 be heard as set forth by regulation. (f) The Director also shall establish regulations concerning the disposition of any forfeited funds received under this section.

Del. Code tit. 29, § 4837 Lottery Commission.

(a) The Lottery Commission is created in the Department of Finance. The Lottery Commission shall be composed of 5 members who shall be citizens of the State, including at least 1 certified public accountant, 1 lawyer, 1 businessperson, 1 person with experience in law enforcement, and 1 public member, all of whom shall be appointed by the Governor and confirmed by the Senate, provided however, no member shall be a member of the Standardbred Owners Association, the Delaware Thoroughbred Horsemen’s Association, or an owner, employee or agent of a video lottery agent or sports lottery agent. The Governor shall name the Chairperson of the Commission from among its members and the Chairperson shall serve in that capacity at the Governor’s pleasure. Each of the members shall serve for a term of 5 years and until that member’s successor qualifies. No member shall serve for more than 1 full 5-year term. Not more than 3 members of the Commission shall be of the same political party. No member shall hold any elected or appointed office under the government of the United States or the State or be a candidate for such office. (b) A person appointed to fill a vacancy on the Lottery Commission holds office for the remainder of the unexpired term of the former member. Of the initial members, 1 must be appointed for a 1-year term, 1 must be appointed for a 2-year term, 1 must be appointed for a 3-year term, and 1 must be appointed for a 4-year term and the remainder must be appointed for a 5-year term. Thereafter, all members shall serve 5-year terms. (c) Prior to the nomination of a candidate to serve on the Lottery Commission, the Division of Gaming Enforcement shall review, in accordance with the standards of a key employee, the background, qualifications and suitability of each nominee and make an appropriate report to the Governor. The Governor may at any time, after notice and hearing, remove any Commission member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. (d) To serve on the Lottery Commission, a member may not be and may not ever have been an employee, officer, director, owner of securities of a video lottery agent or sports lottery agent, or owner of a licensed service company, nor a member of the immediate family of an employee, officer, director or owner of a video lottery agent or sports lottery agent; may not ever have had a material or financial interest in a video lottery agent, sports lottery agent, or a licensed service company; and may not ever have been engaged in any services on behalf of a video lottery agent, sports lottery agent, or a licensed service company related to the activities of the lottery. The provisions of Chapter 58 of Title 29 (State Employees’, Officers’ and Officials’ Code of Conduct) apply to all members of the Lottery Commission and to all agents appointed or otherwise employed by the Lottery Commission. No person convicted of a felony or crime involving moral turpitude shall be eligible for appointment nor appointed as a commissioner. (e) The Lottery Commission shall have powers, duties and responsibilities as specified in this title. Included among the powers, duties and responsibilities are those specified in this subsection. The Lottery Commission shall receive reasonable staff support in the performance of its duties from Department of Finance staff who do not report to the Office, and from a deputy attorney general assigned to the Commission. The Lottery Commission shall: (1) Provide the Secretary of Finance and Director with advice and guidance with respect to the development of policy in those areas where rule- and regulation-making authority is entrusted to the Director. (2) Provide guidance on new initiatives which may from time to time be proposed by the Director and recommend to the Director initiatives that the Commission believes would benefit the Lottery. (3) Conduct hearings relating to licensing disputes, exclusion list disputes, and other disputes as specified in this chapter or by rule and regulation. (4) As it deems necessary, subpoena witnesses and documents, administer and examine persons under oath, and appoint hearing officers as the Commission finds appropriate to conduct investigations and hearings pursuant to this chapter. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Director may apply to the Superior Court of the county in which the Commission may be sitting and, thereupon, the Court shall issue its subpoena requiring the person to appear and testify or to produce the books, papers and documents before the Director. Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. (5) Review and approve all regulations issued by the Director on or after July 1, 2010, pursuant to specific provisions of this title, before such regulations are implemented. (f) The members of the Board shall receive $250 for each day’s attendance at the meetings of the Commission, not to exceed 24 days’ attendance in any 1 calendar year; and they shall be reimbursed for their actual travel and other necessary expenses incurred in attending meetings and transacting the business of the Commission.

Del. Code tit. 29, § 4838 Delinquent child support.

(a) The Director of the Division of Child Support Services, Department of Health and Social Services shall enter into a cooperative agreement with the Director and the operator of each video lottery or charitable gaming organization facility within this State whereby the Director of the Division of Child Support Services shall provide information regarding individuals with a qualified child support obligation for the purpose of satisfying such obligation in part or in whole with any qualified lottery prizes won by such individuals. Prior to awarding any qualified lottery prize, an operator of a lottery facility shall determine if the winner of such prize owes a qualified child support obligation. In the event that a qualified child support obligation is owed, such prize shall be reduced by: (1) One hundred percent in the event that the qualified lottery prize is less than or equal to the qualified child support obligation; or (2) The amount of the qualified child support obligation in the event that the qualified lottery prize exceeds the qualified child support obligation. Any remaining amounts shall be awarded to the qualified lottery prize winner. (b) The specific information and the manner and frequency with which it is made available or otherwise exchanged between the Division of Child Support Services, the Director and each operator of a video lottery facility in this State shall be as determined by each cooperative agreement, but such cooperative agreement must specify: (1) That the Division of Child Support Services shall make available or otherwise provide or update information at least once each calendar month; (2) That the operator of a video lottery facility shall make use of automated data exchanges to the maximum extent feasible and will remit to the Division of Child Support Services those qualified lottery prizes that offset qualified child support obligations as set forth in the written agreements; (3) The procedure by which the operator of a video lottery facility will remit to the Division of Child Support Services those qualified lottery prizes that offset qualified child support obligations; (4) That the operator of the video lottery facility will provide the qualified prize winner written notice of the amount withheld from the qualified lottery prize and instructions for contesting an intercept directly to the Division of Child Support Services; and (5) Any such other matters as the parties to such an agreement shall deem necessary to carry out the provisions of this section. (c) An operator of a video lottery facility shall not be liable under any state law to any person or government agency for any of the following: (1) Any disclosure of information to the Division of Child Support Services under this section. (2) As provided in § 513(c)(4) of Title 13, with regard to any order of child support made payable to the Division, the Division’s records shall be presumptive of the payment or nonpayment of each installment payment. (3) Any other action or omission taken in good faith to comply substantially with the requirements of this section. (d) The Director shall promulgate such rules and regulations as is deemed necessary to carry out the provisions of this section.

Del. Code tit. 29, § 4851 Compact.

The State of Delaware is hereby authorized to enter into the following compact with the states of Vermont, Maine and New Hampshire subject to the terms and conditions stated in the Compact.

Del. Code tit. 29, § 4852 General provisions.

(a) Statement of policy and purpose. — The State of Delaware enters this compact to implement the operation of Tri-State Lotto, for the purpose of raising additional revenue for each of the party states. Tri-State Lotto is not intended to replace any existing lottery game in the party states but, rather, to be run in addition to these games. Tri-State Lotto tickets will be sold in each area to be determined by the Commission. Fifty percent of the gross sales from each state will be aggregated in a common prize pool, and operating costs will be charged proportionally to the sales made by each of the party states. The remaining revenues generated within each state will remain in that particular state. (b) Definitions. — (1) “Commission” means the Tri-State Lotto Commission or its successor, created and established by this Compact; (2) “Concurrent legislation” means legislation enacted by one of the party states which is concurred in by the other party states in the form of enactments having like effect; (3) “Lotto” means a game of lotto as prescribed by the Commission; (4) “Party states” means the states of New Hampshire, Maine, Vermont, and Delaware; and (5) “Tri-State Lotto” means a combined lotto game for all member states, with common tickets, common advertising and a common prize pool.

Del. Code tit. 29, § 4853 Procedures and conditions governing the Tri-State Lottery.

(a) Creation of the Tri-State Lotto Commission. — The party states, for the purpose of operating Tri-State Lotto, establish the Tri-State Lotto Commission. (b) Nature of the Commission. — The Commission shall be an interstate body, both corporate and politic, serving as a common agency of the party states and representing them both collectively and individually in the exercise of its powers and duties. (c) Organization of the Commission. — The Commission shall be composed of one member from each of the party states. Each party state Lottery Director, Sweepstakes Commission or State Lottery Commission shall appoint one of its members to serve the Tri-State Lotto Commission. Each member shall hold office at the pleasure of the appointing authority. The Commission shall elect a chairperson from among its members annually. (d) Functioning of the Commission. — (1) The Commission’s functions shall be performed and carried out by its members and by advisory committees or panels as the Commission may establish, and by officers, independent contractors, agents, employees and consultants as may be appointed by the Commission. All officers, independent contractors, agents, consultants and employees shall hold office at the pleasure of the Commission, unless the Commission otherwise decides, and the Commission shall prescribe their powers, duties and qualifications and fix their compensation and other terms of their employment. (2) No action of the Commission shall be effective or binding unless there is a unanimous decision by all of the representatives of the various party states. (3) The members of the Commission shall receive compensation for their services pursuant to this Compact and in accordance with the policies of the respective states, and they shall be reimbursed for the expenses they naturally and necessarily incur in the performance of their duties. (4) No member of the Commission who is otherwise a public officer or employee shall suffer a forfeiture of office or employment, or any loss or diminution in the rights and privileges pertaining to office or employment, by reason of membership on the Commission. (e) Powers and duties of the Commission. — (1) The Commission shall have the power and it shall be its duty to operate and administer Tri-State Lotto and to promulgate rules and regulations governing the establishment and operation of the lotto, including but not limited to the following topics: a. The design of the game; b. The price of the tickets; c. The number and size of the prizes on the winning tickets; d. The manner of selecting the winning tickets and paying the prizes; e. The frequency of the drawings; f. The type or types of locations at which tickets may be sold; g. The method to be used in selling tickets; h. The compensation required to be paid to Tri-State Lotto sales agents in order to assure adequate availability of tickets and public convenience in purchasing tickets; and i. The development of an internal security plan designed to prevent player fraud. (2) The Commission, or its designee, shall also have the power and it shall be its duty to license sales agents to sell Tri-State Lotto tickets, in accordance with subsection (g) of this section. The Commission may require a bond from any licensed agent, in an amount to be determined by the Commission. (3) The Commission shall make monthly and year-end reports to the state Lottery Director, Sweepstakes Commission or State Lottery Commission of the party states, which shall include a complete statement of Tri-State Lotto revenues, prize disbursements and other expenses, and any other information the party states may require. (4) All Tri-State Lotto accounts and transactions shall be subject to annual post-audits conducted by independent auditors retained by the Commission for this purpose. (5) In addition to the powers enumerated above, the Commission shall have the power to adopt a corporate seal and enter into contracts, including but not limited to contracts with other governments or agencies, to hire, lease, acquire and dispose of property to the extent necessary to carry out its functions, powers and duties as set forth in this section, and to expend or authorize expenditures of moneys for the purpose of operating Tri-State Lotto pursuant to this Compact. The party states each shall have the right to require an audit as a party state may from time to time consider proper. (6) The Commission shall also have additional powers, incidental to the express powers granted to it by this Compact, as may be necessary or proper for the effective performance of its functions. (f) Cooperation and assistance of other agencies. — To avoid duplication of effort and in the interest of economy, the Commission may make use of existing studies, plans, data and other materials in the possession of the governmental agencies of the party states and their respective political subdivisions. Each agency is authorized to make these materials available to the Commission and otherwise to assist it in the performance of its functions. The officers and personnel of these agencies, and of any other government or agency, may serve at the request of the Commission upon advisory committees and panels as the Commission creates; and the officers and personnel may serve upon the committees and panels without forfeiture of office or employment and with no loss or diminution in the status, rights and privileges which they otherwise enjoy. (g) Licensing of Tri-State Lotto sales agents. — (1) The Commission or its designee may license as agents to sell Tri-State Lotto tickets those persons as in its opinion will best serve the public convenience except that no license shall be issued to any person to engage in business exclusively as a sales agent. (2) For purposes of this section the term “person” shall be construed to mean and include an individual, partnership, association, organization, club, company, corporation, trust, estate, society, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. “Person” shall also be construed to mean and include agencies and instrumentalities of the State, and counties, cities, towns and villages. (3) Before issuing a license to any person, the Commission shall consider with respect to the person: a. Financial responsibility and the security of the business or activity in which the person is engaged; b. Accessibility of the place of business or activity to the public; c. Sufficiency of existing licenses to serve public convenience; d. Whether the place of business or activity is predominantly frequented by persons under the age of 18 years; e. Volumes of expected sales; and f. The possession of a valid party state lottery license. (h) Suspension and revocation of license. — (1) The Commission may suspend or revoke, after notice and hearing, any license issued pursuant to this Compact. The license may, however, be temporarily suspended by the Commission without prior notice, pending any prosecution, investigation or hearing. A license may be suspended or revoked by the Commission for just cause, including but not limited to 1 or more of the following reasons: a. Failure to account for tickets received or the proceeds of the sale of tickets or to file a bond if required by the Commission or to comply with instructions of the Commission concerning the licensed activity; b. Conviction of any criminal offense; c. Failure to file any return or report, to keep records, or to pay any tax; d. Engaging in fraud, deceit, misrepresentation or conduct prejudicial to public confidence; e. Insufficiency of the number of tickets sold by the sales agent; and f. A material change since issuance of the license with respect to any of the matters required to be considered by the Commission under paragraph (g)(3) of this section. (2) Any suspension or revocation of a state license to sell lottery tickets shall automatically result in suspension of the Tri-State Lotto license. (i) Inapplicability of conflicting statutes. — (1) Any law providing for any penalty or disability for the sale of lottery tickets or any acts done in conjunction with a lottery which conflicts with the provisions of the Compact shall not apply to the sale of tickets or acts performed pursuant to this Compact. (2) The provisions of this Compact shall apply and take precedence in the event of any conflict between the provisions contained in this Compact and the provisions of other laws of any of the party states. (j) Sale of tickets prohibited. — (1) No tickets shall be sold at a price greater than those fixed by the Commission; nor shall a sale be made to any person other than a licensed sales agent. Any person who violates any of these provisions shall be subject to the sanctions of each respective party state’s lottery statutes. (2) No ticket shall be sold to any person under the age of 18 years, but this shall not be deemed to prohibit the purchase of a ticket for the purpose of making a gift by a person 18 years of age or older to a person less than that age. Any licensee or the employee or agent of any licensee who sells or offers to sell a ticket to any person under the age of 18 shall be subject to the sanctions of each respective party state’s lottery statutes. (3) No ticket shall be sold to and no prize shall be paid to any of the following persons: a. Any member, officer or employee of the Commission; or b. Any spouse, child, brother, sister or parent residing as a member of the same household in the principal place of abode of any of the foregoing persons. (k) Collection and disposition of revenue. — (1) All moneys received by any and all Tri-State Lotto sales agents from the sales of Tri-State Lotto tickets, less the amount, if any, retained pursuant to paragraphs (e)(1)g. and (e)(1)h. of this section shall be delivered weekly to the state Lottery Director, Sweepstakes Commission or State Lottery Commission of the party state in which sales were made. (2) Within 1 week after a Tri-State Lotto drawing has been held, the party states shall pay the Commission, who in turn shall promptly pay to an account known as the Tri-State Lotto Prize Account, moneys as are necessary for the payment of prizes, less actual prizes paid by the respective party state in the preceding week, but not to exceed 50 percent of the total amount for which tickets have been sold. (3) Interest earned by the Tri-State Lotto Prize Account shall accrue to the party states in direct proportion to their contribution to the account. Distribution shall be made at least semi-annually. (4) The withdrawals, pursuant to subsection (l) of this section, of moneys from the Tri-State Lotto Prize Account deposited by the Commission shall be subject to a check signed by a member of the Commission or such officer, employee or agent of the Commission as the Commission may designate. The moneys in the Prize Account shall be paid out of the account on vouchers certified or approved by the Commission or its designated officer, agent or employee. (5) The Commission shall receive from party states, within 1 week after a Tri-State Lotto drawing, an additional sum of moneys not to exceed 15 percent of the total amount for which tickets have been sold. The moneys shall be deposited in a bank, banking house or trust company selected by the Commission in an account to be named the Tri-State Lotto Operations Account. The operations account shall be used to pay Tri-State Lotto current operating costs which shall be charged proportionally to the sales made by each of the party states. If operating costs exceed or fall short of the amount obtained in the account, appropriate adjustments shall be made on a quarterly basis within 30 days at the end of each quarter. (6) Interest earned by the Tri-State Lotto Operations Account shall accrue to the party states in direct proportion to their contribution to the account. Distribution shall be made at least semi-annually. ( l ) Certification of prize winners and payment of prizes. — (1) All prizes over $5,000 shall be awarded to holders of winning tickets provided in this section. Within 1 week after any drawing selection of prize winning tickets, the Commission shall deliver to each of the party states a certified list of the tickets to which the prizes are awarded and amount of each prize. Upon delivery of the certified list and voucher of the Commission, moneys sufficient for the payment of the prizes may be withdrawn from the prize account established in paragraph (k)(2) of this section. The Commission shall each month provide each party state with a record of all withdrawals. Payment of prizes shall be made by the Commission, or its designee, to holders of the tickets to which prizes are awarded, except that a payment of any prize drawn 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 Commission, its officers, agents and employees shall be discharged of all further liability upon payment of a prize pursuant to this subsection. (2) If the person entitled to a prize on any winning ticket is under the age of 18 years, and the prize is less than $5,000, the Commission may make payment by delivery to an adult member of the minor’s family or a guardian of the minor of a check or draft payable to the order of the minor. If the person entitled to a prize of any winning ticket is under the age of 18 years and if the prize is $5,000 or more, the Commission may make payment to the minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor’s family or a guardian of the minor as custodian for the minor. The Commission shall be discharged of all further liability upon payment of a prize to a minor pursuant to this subdivision. (3) Prizes may be paid in such manner as the Commission may direct in its rules and regulations as long as the rules and regulations are not inconsistent with this Compact. (m) Unclaimed prize money. — Unclaimed prize money for the prize on a winning ticket shall be retained by the Commission for payment of the person entitled for 1 year after the drawing in which the prize was won. If no claim is made for the prize within 1 year from the date of the drawing, the prize money shall be credited to the prize pool. Upon the expiration of 1 year from the drawing date, the ticket holder shall forfeit any claim or entitlement to the prize moneys. (n) Duration of Commission and Tri-State Lotto. — The Commission and Tri-State Lotto shall continue in existence until this Compact is revoked by all of the party states. The withdrawal of 1 party state shall not render the Compact invalid between the remaining states. (o) Interpretation. — This Compact shall be construed liberally to accomplish its purpose. (p) Amendments. — Amendments and supplements to this Compact may be adopted by concurrent legislation of the party states. (q) Immunity. — The Commission and the party states shall be immune from: (1) Any claim based upon an act or omission of an employee exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid, or based upon the exercise or performance or failure to exercise or perform a discretionary function or duty on the party of the employee whether or not the discretion involved is abused; (2) Any claim arising in respect to the assessment or collection of any fee or commission or the levy upon or detention of any goods or merchandise by a law-enforcement officer; (3) Any claim for damages caused by the fiscal operations of the Commission; (4) Any claim arising out of alleged assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, fraud, interference with contractual rights or invasion of the right of privacy; or (5) Any other claim for which a remedy is provided or which is governed specifically by other statutory enactment. (r) Fiscal year. — The fiscal year of the Tri-State Lotto Commission shall be from July 1 of 1 calendar year to June 30 of the succeeding calendar year. (s) State tax exemption. — The prizes received pursuant to this Compact shall be exempt from all state, county, municipal and local taxes within the party states.

Del. Code tit. 29, § 4854 Penalties.

(a) No person shall sell a ticket or share in a ticket at a price greater than that fixed by the Commission. No person other than a lottery agent can sell lottery tickets. Nothing in this section shall be construed to prevent any individual purchaser from giving lottery tickets or shares to another as a gift. Any person convicted of violating this subchapter may be punished by imprisonment for 6 months and a fine of $1,000. (b) Any person who falsely or fraudulently makes, forges, alters or counterfeits, or causes or procures to be made, forged, altered or counterfeited, any Commission ticket or any part thereof, or any person who knowingly and wilfully utters, publishes, passes or tenders as true, any forged, altered or counterfeited Commission lottery tickets may be punished by imprisonment for 6 months and a fine of $5,000. (c) Any subsequent offense may be punished by imprisonment for 2 years and $20,000 fine for each offense.

Del. Code tit. 29, § 4855 Allocation of profits.

The profits received by the State of Delaware through the sale of Tri-State Lotto tickets shall be deposited in the General Fund in accordance with § 4815 of this title.

Del. Code tit. 29, § 4860 Short title.

This subchapter shall be known and may be cited as the “Delaware Interactive Fantasy Contests Act.”

Del. Code tit. 29, § 4861 Legislative findings and purpose.

(a) The General Assembly hereby finds and declares that: (1) Interactive fantasy sports are not games of chance because they consist of fantasy sports games or contests in which the fantasy sports teams are selected based upon the skill and knowledge of the participants and not based on the current membership of an actual team that is a member of an amateur or professional sports organization; (2) Interactive fantasy sports contests are not wagers on future contingent events and are not under the contestants’ control or influence because contestants have control over which players they choose and the outcome of each contest is not dependent upon the performance of any 1 player or any 1 actual team. The outcome of any fantasy sports contest does not correspond to the outcome of any 1 sporting event. Instead, the outcome depends on how the performances of participants’ fantasy roster choices compare to the performance of others’ roster choices. (b) Based on the findings in subsection (a) of this section, the General Assembly declares that interactive fantasy sports do not constitute gambling in Delaware within the meaning of §§ 1401-1431 of Title 11. (c) The General Assembly further finds that as the Internet has become an integral part of society, and interactive fantasy sports a major form of entertainment for many consumers, any interactive fantasy sports enforcement and regulatory structure must begin from the bedrock premise that participation is lawful and licensed interactive fantasy sports industry is a privilege and not a right, and that regulatory oversight is intended to safeguard the integrity of the games and participants to ensure accountability and the public trust. Interactive fantasy sports should continue to be enjoyed broadly and offered by licensed interactive fantasy sports operators in the state and not exclusively by any single brick and mortar casino.

Del. Code tit. 29, § 4862 Definitions.

As used in this subchapter the following terms shall have the following meanings: (1) “Authorized Delaware player” means an authorized player located in Delaware. (2) “Authorized player” means an individual, who is not prohibited by this subchapter, that participates in an interactive fantasy sports contest offered by a registrant. (3) “Director” means the Director of the Delaware Division of Gaming Enforcement. (4) “Division” means the Delaware Division of Gaming Enforcement. (5) “Entry fee” means cash or cash equivalent that is paid by an authorized player or an authorized Delaware player to a registrant to participate in an interactive fantasy sports contest offered by such registrant. (6) “Highly experienced player” means an authorized player who has done 1 of the following: a. Entered more than 1,000 contests offered by a single operator or registrant. b. Won more than 3 prizes valued at $1,000 each or more from a single operator or registrant. (7) “High school sport or athletic event” means a sport or athletic event offered or sponsored by or played in connection with a public or private institution that offers education services at the secondary level. (8) “Horse racing event” means any sport or athletic event conducted in Delaware that is subject to the provisions of Chapters 100 and 101 of Title 3, or any sport or athletic event conducted outside of Delaware, which if conducted in Delaware would be subject to the provisions of Chapters 100 and 101 of Title 3. (9) “Interactive fantasy sports contest” or “contest” meansan online simulated game of skill wherein 1 or more contestants compete against each other by using their knowledge and understanding of athletic events and athletes to select and manage rosters of players whose performance directly corresponds with the actual performance of competitors on sports teams and in sports contests. It does not include contests that are free to all participants or contests that encompass an entire season of the activity in which the underlying competition is being conducted, consists of at least 150 underlying competitions, and the prize or prizes awarded, if any, are determined by agreement of the participants only in order to distribute fully the participants’ contributions to a fund established to award a prize or prizes for the contest. (10) “Interactive fantasy sports operator” or “operator” means any person or entity that offers any interactive fantasy sports contest to any player through any interactive fantasy sports platform. (11) “Interactive fantasy sports platform” or “platform” means any online method by which access to an interactive fantasy sports contest is provided. (12) “Interactive fantasy sports registrant” or “registrant” means an operator that is registered by the Director. A registrant may utilize multiple interactive fantasy sports platforms and offer multiple contests. (13) “Minor” means any person under the age of 18 years. (14) “Prohibited sports event” means any collegiate sporting event that involves a Delaware college or university, or any high school sport or athletic event, or any horse racing event. (15) “Resident percentage” means, for each interactive fantasy sports contest, the percentage, rounded to the nearest tenth of a percent, of the entry fees collected from authorized Delaware players, divided by the entry fees collected from all authorized players in interactive fantasy sports contests. (16) “Sports event” shall mean any amateur or professional sport or athletic event, except a prohibited sports event. (17) “Ultimate equitable owner” shall mean a person who owns or controls any ownership interest of 10% 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 1 or more other persons or proxies, powers of attorney, or other variances.

Del. Code tit. 29, § 4863 Registration.

(a) (1) No operator shall administer, manage, or otherwise make available an interactive fantasy sports platform to persons located in Delaware unless registered with the Director pursuant to § 4864 of this title. A registrant may use multiple interactive fantasy sports platforms and offer multiples types of contests. This subchapter, and any and all rules and regulations adopted under the authority of this subchapter, shall apply only to interactive fantasy sports contests for which an authorized player pays an entry fee. (2) [Repealed.] (b) Registration issued by the Director shall remain in effect for 3 years. The Director shall establish a process for renewal. (c) The Director shall publish a list of all operators registered in Delaware pursuant to this subchapter on a state website for public use. (d) Interactive fantasy sports contests offered by a registrant in accordance with the provisions of this subchapter shall not constitute gambling as defined in §§ 1401-1431 of Title 11. (e) The Director shall promulgate regulations to implement the provisions of this subchapter, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include responsible protections with regard to compulsive play and safeguards for fair play. (f) Registration as an Interactive Fantasy Sports Operator only grants the registrant the privilege to operate interactive fantasy sports contests in the State in accordance with the rules and limitations of this chapter.

Del. Code tit. 29, § 4864 Scope of registration review.

(a) The Director shall prescribe the initial form of the application for registration which shall include the following requirements: (1) The full name and principal address of the operator (2) If a corporation, the name of the state in which incorporated and the full names and addresses of any partner, officer, director, shareholders holding 10% or more equity, and ultimate equitable owners. (3) If a business entity other than a corporation, the full names and addresses of the principals, partners, members, and other types of equity holders holding 5% or more equity, and ultimate equitable owners. (4) Whether such corporation or entity files information and reports with the United States Securities and Exchange Commission as required by § 13 of the Securities Exchange Act of 1934 (15 U.S.C. § 78m); or whether the securities of the corporation or entity are regularly traded on an established securities market in the United States. (5) The type and estimated number of contests to be conducted annually. (6) A statement of the assets and liabilities of the operator. (7) Criminal record . — a. Information regarding the criminal record, if any, of the following individuals, if those individuals are involved in the day-to-day management of interactive fantasy sports contests or operations, and as applicable to the entity’s business structure: 1. Each partner of a partnership holding 10% or more of the partnership; 2. Each member of a limited liability company holding 10% or more of the LLC; 3. Each director and officer of a nonpublicly held corporation; 4. Each director and officer of a publicly held corporation; 5. Each stockholder holding 10% or more of a corporation; and 6. Ultimate equitable owners. b. Individuals identified in paragraph (a)(7)a. of this section shall have a duty to disclose on the application for registration whether they have been convicted of a crime, other than traffic violations and convictions that have been expunged, and provide the nature of the crime, the date and place of the conviction, and the legal disposition of the case. c. Fingerprinting procedure required . — 1. Individuals identified in paragraph (a)(7)a. of this section shall be required to submit fingerprints and other necessary information in order to obtain the following: A. A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that individual; and B. A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Division shall be the screening point for the receipt of said federal criminal history records. 2. All information obtained pursuant to this subsection shall be forwarded to the Division, which shall access the information and make a determination to approve or deny an application for registration. A copy of all information forwarded to the Division shall be provided to the individual. The individual shall have an opportunity to respond in writing to the Division regarding any information obtained pursuant to paragraph (a)(7)a. of this section prior to a determination of suitability for registration. Information obtained under this subsection is confidential and may only be disclosed to the Director and designated personnel of the Division. The State Bureau of Identification may release any subsequent criminal history to the Division. 3. An individual whose criminal record is required pursuant to paragraph (a)(7)a. of this section who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check if the individual submits: A. The results of such previous criminal background check, including any previous federal criminal background check; and B. A reference from the individual’s most recent employer, if any, covering the previous 12 months. 4. Individuals identified in paragraph (a)(7)a. of this section of those operators who received a conditional registration or registration to administer, manage or otherwise make available an interactive fantasy sports platform to offer interactive fantasy sports contests to persons located in Delaware on or before August 25, 2017, shall submit by January 1, 2019, at the registrant’s expense, fingerprints and other necessary information in order to obtain a criminal background pursuant to this paragraph (a)(7). (b) The Director may require the full names and addresses of the officers and directors of any creditor of the operator, and of those stockholders, members, partners, or other equity holders who hold more than 10% of the stock, interests, or equity of the creditor. (c) The Director may impose a monetary penalty, not to exceed $1,000 per violation, deny any application for registration, or suspend, refuse to renew, or revoke any existing registration issued pursuant to this subchapter, upon the finding that the operator or registrant, or any individual identified in paragraph (a)(7)a. of this section has done any of the following: (1) Knowingly made a false statement of material fact or has deliberately failed to disclose any information required by the Director. (2) Had a registration or license to offer or conduct contests denied, suspended, or revoked in any other state or country for just cause. (3) Legally defaulted in the payment of any obligation or debt due to the federal government, or any state or political subdivision. (4) Within 10 years of the date of the application for registration, has been: a. Found guilty of any illegal, corrupt, or fraudulent act, practice, or conduct in connection with any interactive fantasy sport contest in this or any other state; or b. Convicted of a felony, or any criminal offense involving dishonesty or breach of trust; (5) At any time, knowingly failed to comply with any requirement of this chapter, any regulations promulgated by the Director, or any other additional requirements of the Director. (d) The Director may revoke a registration if the Director finds that facts not known at the time the Director considered the application that if know, would have justified the denial of the application. (e) When the Director denies, revokes or fails to renew an application, the operator shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the Director. (f) All information and data required by the Director to be furnished in the application or investigative process, or which otherwise may be obtained by the Division, pertaining to an applicant’s criminal record, financial record, and background, including an application form and registration investigation report, shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the Attorney General, to a duly authorized law-enforcement agency. The Director may enter agreements with other law-enforcement agencies or other interactive fantasy sports contest regulatory agencies for the sharing of confidential information. Any person who violates this subsection (f) shall be guilty of a class A misdemeanor. (g) All information and data required by the Director to be furnished, or which otherwise may be obtained by the Division, relative to internal controls of an operator or registrant shall be considered confidential, shall not be public records subject to Chapter 100 of this title, and shall not be revealed in whole or in part except in the ordinary administration of the chapter, or upon the lawful order of a court of competent jurisdiction, or with the approval of the Attorney General, to a duly authorized law-enforcement agency. Any person who violates this subsection (g) shall be guilty of a class A misdemeanor. (h) The Director may issue a temporary registration for good cause and upon a finding that the issuance of a temporary registration is necessary to allow for the efficient operation of daily interactive fantasy sports. Temporary registration shall remain in effect for no more than 12 months from the date of issuance.

Del. Code tit. 29, § 4865 Required safeguards; minimum standards.

(a) As a condition of registration, each operator and registrant shall implement commercially reasonable measures to: (1) Limit each authorized player to 1 active and continuously used account. (2) Prohibit minors from participating in any contest, which includes: a. If a registrant becomes or is made aware that a minor has participated in 1 of its contests, such registrant shall promptly, within no more than 2 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; b. Each registrant shall publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any contest or platform; and c. Each registrant shall take appropriate steps to confirm that an individual opening an account is not a minor. (3) 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. (4) 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. (5) 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. (6) Offer introductory procedures for authorized players that explain contest play and how to identify a highly experienced player. (7) 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. (8) Disclose the number of entries that a single authorized player may submit to each contest. (9) Disclose the maximum number of total entries allowed for each contest. (10) Implement measures to protect the privacy and online security of authorized players and their accounts. (11) Offer all authorized players information regarding the authorized player’s account history and account details; (12) 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. (13) 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. (14) Ensure the value of any prizes and awards offered to authorized players shall be established and made known to such players in advance of the contest. (15) Ensure all winning outcomes reflect the relative knowledge and skill of the authorized players and shall be determined predominantly by accumulated statistical results of the performances of individuals in sports events. (16) Ensure no winning outcome shall be based on the score, point spread, or performance of a single actual sports team, or any combination of such teams. (17) Ensure no winning outcome shall be based solely on any single performance of an individual athlete in a single sport or athletic event. (18) Ensure no game or contest shall be based on a prohibited sports event. (19) Prevent the sharing of confidential information that could affect interactive fantasy sports contest play with third parties until such information is made publicly available. (20) Prohibit employees of the registrant and any family members living in the same household as those employees from competing in a public interactive sports contest. (21) Prohibit individuals who participate or officiate in a sports event that is the subject of a fantasy contest from entering an interactive fantasy sports contest that is determined, in whole or in part, on the accumulated statistical results of the sports event in which the individual is participating or officiating. (b) Each registrant shall restrict the number of entries submitted to 1 entry by a single authorized player for a contest involving 12 entries or fewer. Each registrant shall restrict the number of entries submitted by a single authorized player to 2 entries for a contest involving 13-36 entries. Each registrant shall restrict the number of entries submitted by a single authorized player to 3 entries for a contest involving 37-100 entries. In any contest involving more than 100 entries, registrants shall restrict the number of entries submitted by a single authorized player to 3% of all entries or 150 entries, whichever is smaller. (c) 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. (d) Registrants 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: (1) The registrant clearly discloses that there are no limits on the number of entries by a single authorized player; and (2) 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. (e) Operators shall not directly or indirectly operate, promote or advertise any platform or contest to persons located in this State, unless such operation, promotion or advertising is pursuant to this subchapter. (f) Registrants shall not offer any contest based on any prohibited sports event. (g) Registrants shall not permit any minor to enter any contest. (h) Advertisements for contests and prizes offered by a registrant shall not target minors, or self-excluded persons. Representations or implications about average winnings from contests shall not be unfair or misleading. Such representations shall include, at a minimum: (1) The median and mean net winnings of all authorized players participating in contests offered by such registrant; and (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. (i) Registrants 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. (j) Operators and registrants shall develop and prominently display procedures for the filing of a complaint by the authorized player against such registrant. An initial response shall be given by such registrant to such player filing the complaint within 48 hours. A complete response shall be given by such registrant to such player filing the complaint within 10 business days. An authorized player may file a complaint alleging a violation of the provisions of this subchapter with the Director. (k) Registrants shall maintain records of all accounts belonging to authorized players and retain such records for 5 years.

Del. Code tit. 29, § 4866 Powers and duties of the Director.

(a) The Director shall promulgate regulations to implement the provisions of and effectuate the policy and objectives of this subchapter as the Director may deem necessary or advisable, including the development of the initial form of the application for registration. Such regulations shall provide for the registration and operation of contests in Delaware and shall include, without limitation, responsible protections with regard to compulsive play and safeguards for fair play. Such regulations may regulate the conduct and operation of contests and platforms, protect contestants and promote the fairness, honesty and integrity of contests. Provided, however, the Director shall not promulgate resolutions or limitations addressing any of the following: (1) Rules or the administration of an individual game or contest. (2) The statistical makeup of a game or contest. (3) The digital platform of a platform operator. (b) The Director shall have the following powers and duties for purposes of administrating, regulating, and enforcing the provisions of this subchapter: (1) All powers and duties assigned by this subchapter, as well as all powers necessary and properly to fully and effectively execute this subchapter. (2) To approve and deny applications for registration to conduct contests in Delaware state, and to suspend, refuse to renew, or revoke any registration issued to a registrant under this subchapter. (3) To review each platform and contest offered by an operator or registrant. (4) To accept and investigate complaints of any kind from an authorized player and attempt to mediate such complaints where appropriate. (5) To investigate alleged violations of this subchapter. (6) To initiate proper enforcement proceedings where such action is deemed by the Director to be necessary or appropriate. (7) All powers and duties assigned by this subchapter.

Del. Code tit. 29, § 4867 Annual report.

(a) Each registrant shall annually submit a report to the Director no later than June 30 of each year, which shall include all of the following information as it shall apply to accounts held by authorized players located in Delaware: (1) The number of accounts held by authorized players on all platforms offered by the registrant, and the number of accounts held by highly experienced players on all platforms offered by the registrant. (2) The total number of new accounts established in the preceding year, as well as the total number of accounts permanently closed in the preceding year. (3) The total number of entry fees received from authorized players. (4) The total number of prizes awarded to authorized players. (5) The total amount of interactive fantasy sports revenue received by the registrant. (6) The total amount of authorized players that requested to exclude themselves from contests. (7) Any additional information that the Director deems necessary to carry out the provisions of this subchapter. (b) Upon the submission of such annual report, to such extent that the Director deems it to be in the public interest, the Director shall be authorized to conduct a financial audit of any registrant, at any time, to ensure compliance with this subchapter. (c) The Director shall annually publish a report based on the aggregate information provided by all registrants pursuant to subsection (a) of this section, which shall be published on a state website no later than 180 days after the deadline for the submission of individual reports as specified in subsection (a) of this section.

Del. Code tit. 29, § 4868 Fees.

[Transferred to § 2301(d)(3) of Title 30 by 81 Del. Laws, c. 371, § 1, effective August 10, 2018.]

Del. Code tit. 29, § 4869 Disposition of fees.

[Transferred to § 2301(d)(3) of Title 30 by 81 Del. Laws, c. 371, § 1, effective August 10, 2018.]

Del. Code tit. 29, § 4871 Contests authorized.

Interactive fantasy sports contests registered and conducted pursuant to the provisions of this subchapter are hereby authorized.

Del. Code tit. 29, § 4873 Unregistered practice.

(a) Where the Director has determined, upon notice and hearing pursuant to Chapter 101 of this title, that an operator has administered, managed or otherwise made available an interactive fantasy sports platform to persons located in Delaware regulated by this subchapter without having lawfully registered or that an operator or registrant previously registered under this subchapter is engaged in a practice regulated by this subchapter notwithstanding that the operator’s registration has been suspended or revoked, the Director may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Director may seek a injunctive relief prohibiting such unlawful practice and seek the imposition of other civil penalties defined by this subchapter. (b) Upon notice and hearing pursuant to Chapter 101 of this title, the Director may fine any operator or registrant who violates such cease and desist order not less than $1,000 or more than $5,000 for each offense. Each day a violation continues may be deemed a separate offense in the Director’s discretion.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c048/sc01/index.htmlFetched: 10/4/2026

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