10 Del. Admin. Code § 103-6.0

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

Section 103-6.0 - Operation of Games

6.1 House Rules. Prior to conducting a function, each sponsoring organization shall develop a set of house rules which will govern the type, scope and manner of all games to be conducted. Among other information, these rules shall establish the maximum amount of wagers consistent with these regulations which may be placed by persons participating in games. In addition, the rules shall prohibit the giving of anything of value to any person involved in the management or operation of the function and prohibit anyone involved in the management or operation of the function from accepting anything of value. A copy of the rules shall be posted conspicuously on the premises where the function is being conducted at all times during the occasion, and a copy thereof shall be made available upon request, to any law enforcement officer or agent of the Board. The maximum wager and a no tipping sign shall be displayed at the location of each game, so as to be conspicuous to those persons participating in said games. The rules for the individual games should be available on the premises for review upon request.

6.2 Monitoring of Poker Tables. An association which has obtained the proper license or permit to conduct poker shall assign 1 monitor during the playing of poker.

6.3 In charitable gaming other than bingo and Texas Hold 'Em, there shall be no limit on the amount a person may bet or win, except that no person may lose more than $150 in a single day or function. This limit applies to the entire function approved to begin on a certain day. If a function continues past midnight, no new limit shall apply. Any person who has lost $150 during the function shall not be permitted to participate again after midnight.

6.4 Rules Specific to Queen of Hearts

6.4.1 Disclosure. In any Queen of Hearts game conducted pursuant to Title 28 of the Delaware Code, the sponsoring organization must disclose the following information and prominently post it in at least 4 locations within the area where Queen of Hearts is being conducted. The sponsoring organization shall provide the same information to the Board, on a Board approved form, no fewer than 15 days prior to the start of each new Queen of Hearts game.

6.4.1.1 The name of the winning card;

6.4.1.2 A full and fair description of all prizes, including the prize fund and consolation prizes;

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

6.4.1.4 The drawing date for the game;

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

6.4.2 Additional obligations of the sponsoring organization for Queen of Hearts include:

6.4.2.1 If for any reason the game is not completed and a prize is not awarded on the scheduled drawing date, the sponsoring organization must take all steps necessary to notify ticket purchasers of that fact and return all money received from ticket purchasers within 30 days of the scheduled game.

6.4.2.2 Members, employees, and their immediate families may purchase tickets, but may not sell tickets to members of their immediate family. The sale of tickets alone shall not constitute the promotion and operation of Queen of Hearts for purposes of these regulations. Nothing in this section prohibits the award of a prize to a person for selling a winning ticket, however, no salary, compensation, or reward whatsoever will be paid or given to any member under whom the game is conducted.

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

6.4.2.4 All tickets must cost the same to purchase and no tickets may be given away;

6.4.2.5 The sponsoring organization shall structure Queen of Hearts in such a way that it may reasonably be anticipated that the sponsoring organization will retain at least 50% of gross receipts and shall retain all net proceeds for the purpose specified on their application under Title 28 of the Delaware Code.

6.4.2.6 The sponsoring organization shall not offer houses or real property as prizes.

6.4.2.7 No tickets for Queen of Hearts may be sold until the sponsoring organization receives permission from the Board to conduct the game through permit or license.

6.4.3 Conduct of Queen of Hearts

6.4.3.1 The game consists of a Queen of Hearts board.

6.4.3.2 The winning card must be designated by the house rules.

6.4.3.3 Queen of Hearts tickets may be sold only upon premises owned or exclusively leased by the sponsoring organization and at such times as the portion of the premises in which the tickets are sold is open only to members and their guests.

6.4.3.4 Sequentially numbered tickets may be sold at the price per ticket established by the sponsoring organization, and which shall show sufficient information to identify the ticket buyer, are deposited in the receptacle for the drawing.

6.4.3.5 The Queen of Hearts ticket shall have at least 2 parts, 1 of which is to be retained by the purchaser, and the other to be retained by the record keeper. All such parts shall be imprinted with sequential serial numbers.

6.4.3.6 The time and place of the drawing shall be posted in a visible location. Tickets may be sold during a prescribed time period before the drawing.

6.4.3.7 At a designated time and place, all the sold tickets are placed in a receptacle and a single ticket is drawn by a qualified member of the organization from all the tickets sold during the prescribed time period. If present, the ticket holder is allowed to choose 1 of the cards from the Queen of Hearts board. If the ticket holder is not present, the qualified member of the organization must select a card on the ticket holder's behalf in the manner provided by the house rules.

6.4.3.8 If the card chosen by the holder of the winning ticket is the designated winning card, then the holder wins all the money in the prize fund.

6.4.3.9 If the card chosen by the holder of the winning ticket is not the designated winning card, then the holder may still win another consolation prize as prescribed by the sponsoring organization provided the application so specifies and consolation prize amounts are listed with corresponding card. A second or third consolation prize may be awarded during the same drawing date if authorized by the sponsoring organization.

6.4.3.10 If the holder of the winning ticket does not choose the designated winning card from the Queen of Hearts board a new set of tickets is sold (with all prior tickets being eliminated), and the prescribed percentage of the additional proceeds is added to the prize fund. At the time and place set for the next drawing of tickets, the procedures are repeated the same as for the previous drawing and the entire accumulated prize fund is available to be won.

10 Del. Admin. Code § 103-6.0

11 DE Reg. 516 (10/01/07)
12 DE Reg. 357 (09/01/08)
13 DE Reg. 107 (07/01/09)
16 DE Reg. 219 (08/01/12)
28 DE Reg. 391 (11/1/2024) (Final)