10 Del. Admin. Code § 103-15.0

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

Section 103-15.0 - Licensure

15.1 A charitable gaming vendor must hold a valid business license issued by the State of Delaware, which must remain current. The vendor must inform the Board within 10 days if the license lapses. The Board may suspend or revoke a vendor's license for failure to maintain a current Delaware business license or for failing to inform the Board of the loss of a business license.

15.2 The vendor also must be licensed by the Board as a charitable gaming vendor. To become licensed, the vendor shall file an application prepared by the Board or by the Division. The application must be signed by all officers of the vendor.

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

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

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

15.6 The Board shall communicate the results of the determination of suitability in writing to the applicant within 60 days of receipt of the criminal history information, unless extenuating circumstances require a longer period. If the Board determines that an applicant has satisfied the licensing requirements, the applicant will be issued a license. If the Board determines that an applicant is not suitable or has not satisfied the licensing requirements, the licensee shall be entitled to a hearing before the Board to be heard upon the qualifications of the applicant and the merits of the application. The burden of proof shall be on the applicant.

15.7 All records pertaining to criminal background checks and suitability determinations shall be maintained in a confidential manner including the following:

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

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

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

15.8 The license shall expire and be renewable every 3 years. Prior to expiration, each licensee shall contact the Division and submit a new and updated license application form and undergo an investigation as in the original licensing.

15.9 Officers of licensees shall notify the Division no later than 3 days after an arrest for any crime, excluding minor traffic violations. The Division will forward this information to the Board and the Board may proceed to determine the person's continuing suitability as a licensee, and may suspend the license until the criminal charges have been resolved.

10 Del. Admin. Code § 103-15.0

15 DE Reg. 886 (12/01/11)
16 DE Reg. 219 (08/01/12)
18 DE Reg. 157 (8/1/2014)
28 DE Reg. 391 (11/1/2024) (Final)