Application; inspections and examinations; rejection; award of dates and maximum racing days.

Del. Code tit. 3, § 10122
in effect
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(a) Any person desiring to conduct a racing meet within this State during any calendar year shall apply to the Commission for a license to do so. The application shall be filed with the Secretary of the Commission on or before a day to be fixed by the Commission. The application shall specify the days on which racing is desired to be conducted or held and shall be in such form and supply such data and information, including a blueprint of the track and specifications of its surface and blueprints and specifications of buildings and the grandstand on the land of the applicant where the meeting is to be conducted as the Commission prescribes. The blueprints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant, may order such engineering examination thereof as to the Commission seems necessary. The erection and construction of the track, grandstand and buildings of any applicant for a license to conduct racing under this chapter shall be subject to the inspection of the Commission which, at the expense of the applicant, may employ such inspectors as it considers necessary for that purpose. (b) (1) No license shall be issued by the Commission for flat racing on a track less than 1 mile in circumference or for steeplechase racing in the infield of a track less than 1 mile in circumference. (2) The Commission may reject any application for a license for any cause which it deems sufficient, and the action of the Commission shall be final. (c) The Commission shall, upon application to it and on or before the 1st Tuesday in February of each year, award dates for racing within the respective counties of this State for the current year. The dates so awarded for racing to be conducted in any 1 county shall not exceed 340 days in the aggregate in which racing will be conducted in any 1 county in this State, and the decision of the Commission on the award of dates shall be final. Dates awarded in any 1 county shall be used by the licensee in that county for racing in that county only. Anything in this subsection to the contrary notwithstanding, in calendar year 1992 only, the Commission may upon application submitted to it on or before September 1, 1992, meet subsequent to the 1st Tuesday in May and award additional dates for racing within the respective counties of this State for 1992; provided, however, that the Commission may award additional dates, beyond any limits prescribed elsewhere, for racing days limited exclusively to the receiving and accepting of wagers or bets on electronically televised simulcasts of horse races. (d) No more than 2 racing meets shall be held in any 1 county in any 1 year. (e) The Commission may meet subsequent to the 1st Tuesday in February of each year and award dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter. In calendar year 1985, the Commission may meet subsequent to July 1, 1985, and award additional dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter. (f) No part of this chapter shall be construed to apply to harness horse racing or harness horse races.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title3/c101/sc02/index.htmlFetched: 10/4/2026