3 Del. Admin. Code § 1001-16.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 1001-16.0 - Pari-Mutuel Wagering
16.1 Place of Conducting Pari-Mutuel Betting: Any person or entity holding a license therefore issued by the Commission may make, conduct and sell pools by the use of pari-mutuel machines or totalizators for the purpose of receiving wagers or bets on horse races within the enclosure of any racing meet licensed and conducted under these Rules, but not elsewhere.
16.2 License is Revocable: Any license for the operation of pari-mutuel or totalizator pools issued by the Commission shall be revocable at any time by it, without hearing, in its absolute discretion.
16.3 State Tax and Licensee's Commission -- New Castle and Sussex: Every person engaged in the business of conducting a horse racing meet under these Rules in New Castle and Sussex Counties shall pay such tax and be entitled to such commissions on pari-mutuel and totalizator pools as are provided by 28 Del.C. §§ 365 and 366, as now constituted or as hereafter amended, and shall make such disposition of monies for unclaimed pari-mutuel tickets as is provided by 28 Del.C. § 368, as now constituted or as hereafter amended.
16.4 State Tax and Licensee's Commission - Kent: Every person engaged in the business of conducting a horse racing meet under these Rules in Kent County shall pay such tax and be entitled to such commissions on pari-mutuel and totalizator pools as are provided by 28 Del.C. §§ 445 and 446, as now constituted or as hereafter amended, and shall make such disposition of monies for unclaimed pari-mutuel tickets as is provided by 28 Del.C. § 448, as now constituted or as hereafter amended.
16.5 Scratches While Wagering in Progress: If, while wagering is in progress, a horse is excused by the Stewards for any reason whatsoever, all wagers on that horse shall be refunded, except when the horse is part of a mutuel entry or a mutuel field, when there shall be no refund, provided that the mutuel entry or the mutuel field has at least one actual starter.
16.6 Pari-Mutuel Application Fee and License Fee:
16.6.1 Any person, upon applying to the Commission for a license to make, conduct and sell pools by the use of pari-mutuel machines or totalizators for the purpose of receiving wagers or bets on horse races within the enclosure of any racing meet licensed and conducted under these Rules shall, at the time of making the application, pay by check to the Commission (for endorsement to the Secretary of Finance) such fee as may from time to time be fixed by the Commission, provided that such fee shall not exceed the amount of $5,000 per annum.
16.6.2 Any person who is granted a license by the Commission to make, conduct and sell pools by the use of pari-mutuel machines or totalizers for the purpose of receiving wagers or bets on horses conducted under these Rules, shall, at the time the license is granted, pay by check to the Commission (for endorsement to the Secretary of Finance) an additional fee, as may from time to time be legally fixed by the Commission.
16.7 Presentation of Pari-Mutuel Tickets - Prohibited Practices:
16.7.1 No person shall present or cause a pari-mutuel ticket to be presented or processed in return for payment of any commission, premium, discount or any consideration other than the authorized pool payment to be distributed in full to the owners thereof, and Licensees shall eject or exclude from Licensee's grounds all persons believed to be engaged in such activity or in a bookmaking activity or the solicitation of bets or touting and a report thereof shall be submitted promptly to the Commission, to the Stewards and to the local police.
16.7.2 Licensees shall eject or exclude from Licensee's grounds all persons who, as a business or for any compensation, shall, directly or indirectly, accept anything of value to be wagered or to be transmitted or delivered for wager to any pari-mutuel wagering enterprise or participate in any such transaction.

Rule 16.5 Added July 1977.

Rule 16.6 and 16.07 Added June 1978.

3 Del. Admin. Code § 1001-16.0

19 DE Reg. 1010 (5/1/2016) (final)