10 Del. Admin. Code § 103-11.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 103-11.0 - Application

11.1 All applications for a license to conduct a function shall be submitted on a form approved by the Board. The information supplied must include the name, address, and phone number of the sponsoring organization, a list of the games to be conducted, the wagering limit on each game, the date and time that the function will be held, the premises where the function will be held, the owner of the premises, the name, address, and phone number of the designated member-in-charge and the person responsible for the proper accounting and the exact nature of the charitable purpose for which the proceeds will be used.

11.1.1 An application must be submitted sufficiently in advance of the proposed date of the function as to allow the Board to consider the application at 2 consecutive board meetings before deciding whether to approve or deny the application.

11.1.2 If the sponsoring organization seeks a license for a function or game in which all prizes or money may not be awarded in a single night, the application must identify:

11.1.2.1 The manner of secure housing for unawarded prizes, which shall be subject to approval at the Board's discretion; and

11.1.2.2 A bank account that complies with the provisions of subsection 12.4.2, to hold safe and be subject to Board inspection, any unawarded money.

11.2 There shall be a license fee of $15 for each occasion upon which the organization wishes to conduct charitable gaming under a license except in the case of Queen of Hearts where a yearly license fee of $300 will be charged for unlimited functions.

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

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

11.4.1 The applicant is duly qualified to conduct the charitable games under the State Constitution, statutes, and rules and regulations governing charitable gaming; and

11.4.2 The person or persons who intend to conduct the games are persons of good moral character and have never been convicted of crimes involving moral turpitude; and

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

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

11.5 No charitable gaming license shall be effective for a period of more than 1 year from the date it was issued.

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

10 Del. Admin. Code § 103-11.0

2 DE Reg. 1224 (01/01/99)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
13 DE Reg. 1355 (04/01/10)
28 DE Reg. 391 (11/1/2024) (Final)