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Del. Code tit. 28 ch. 15
Chapter 15
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§ 1501 Purpose and scope.
This chapter shall provide for referendums on games and the regulation and control of games, provided that the district in which it is conducted votes in favor of such games. Games shall be conducted in Delaware only by those licensed under this chapter and subject to the limitations herein. 28 Del. C. 1953,
§
1101;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
4 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1502 Definitions.
As used in this chapter:
(1) “Board” means the Delaware Board of Charitable Gaming;
(2) “Districts” means those districts mentioned in article II, § 17A or § 17B of the state Constitution;
(3) “Game or games” means bingo, instant or sealed game, and charitable gaming;
(4) “Members-only game” means any game of chance open for participation only to members of the sponsoring organization;
(5) “Organization” means a veterans’, religious or charitable organization, volunteer fire company or fraternal society as defined in article II, § 17A or § 17B of the state Constitution. 28 Del. C. 1953,
§
1102;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
2, 3, 6 ;
65 Del. Laws, c. 180,
§
1 ;
67 Del. Laws, c. 16,
§§
1, 2, 8 ;
78 Del. Laws, c. 102,
§§
1-3 ;
79 Del. Laws, c. 199,
§
4 ;
80 Del. Laws, c. 416,
§
1 ;
§ 1503 Referendums in general elections.
In the event that a majority of all the members elected to each house of the General Assembly by the qualified electors in any district mentioned in article II, § 17A or § 17B of the state Constitution shall request in writing to the Speaker of the House of Representatives and to the President of the Senate, not less than 30 days preceding the next succeeding general election, that the question of license or no license of the playing of the game of bingo be submitted to a vote of the qualified electors of said district, the department of elections with jurisdiction over the district concerned shall cause to be printed on the ballots used in the next succeeding general election after said request the following question:
“Do you favor the licensing of the playing of the game of bingo within the limits of
(insert the words, “City of Wilmington,” “Sussex County,” “Kent County” or “New Castle County outside of the City of Wilmington,” as the case may be)?” 28 Del. C. 1953,
§§
1110, 1111;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
6 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1504 Applicability of general election laws; conduct of referendum.
(a) Title 15, insofar as it is applicable shall apply to all referendums held under the provisions of this chapter. A voter may indicate that voter’s answer to the question submitted by voting in the affirmative or negative.
(b) Each department of elections shall take steps to insure that the equipment and supplies used at the general election are adjusted and modified to the extent necessary to permit the recording, tabulation and certification of the referendum vote.
(c) The department of elections of each county shall constitute a board of canvass for the purpose of canvassing the vote in any referendum held under this chapter.
(d) The provisions of Title 15 and the Constitution of this State relating to the certification and canvassing of the vote in general elections shall be followed insofar as those provisions are applicable.
(e) The Governor shall certify and proclaim the results of any such referendum at the time the Governor certifies and proclaims the results of the general election pursuant to the provision of § 5710 of Title 15.
(f) The State Election Commissioner is empowered to prescribe such procedure and to make such rules and regulations, not inconsistent with this section or any other law of this State, as the State Election Commissioner may deem necessary to insure uniformity of method in the 3 counties in certifying and canvassing the vote in any referendum held under this chapter. 28 Del. C. 1953,
§
1112;
51 Del. Laws, c. 65,
§
1 ;
51 Del. Laws, c. 354 ;
70 Del. Laws, c. 186,
§
1 ;
79 Del. Laws, c. 199,
§
4 ;
84 Del. Laws, c. 42,
§
138 ;
Delaware General Assembly
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§ 1505 Objectives; functions.
(a) The primary objective of the Delaware Board of Charitable Gaming, to which all other objectives and purposes are secondary, is to protect the public through the regulation of activities which involve charitable gaming.
(b) In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints from the general public relating to practices of persons engaged in an activity regulated by this chapter; shall adjudicate at formal complaint hearings; shall develop rules and regulations; and shall impose sanctions where necessary against persons or occupational groups regulated by the Board.
(c) The State Lottery Office shall transfer appropriate funds to cover the cost to allow the Division of Professional Regulation to hire contractual investigators to conduct inspections and investigations. The State Lottery Office and the Division of Professional Regulation shall mutually agree upon the use of these funds for the hiring of contractual investigators.
(d) The Division of Professional Regulation shall be responsible for the administrative, ministerial, budgetary, clerical and exclusive investigative functions (including but not limited to the appointment, removal, compensation and duties of employees) as provided by law for the Board of Charitable Gaming.
(e) Notwithstanding any provision to the contrary, this chapter is not intended to apply and does not apply to the use of charitable video lottery machines pursuant to Chapter 48 of Title 29. 63 Del. Laws, c. 144,
§
2 ;
77 Del. Laws, c. 22,
§
56 ;
78 Del. Laws, c. 102,
§§
1, 2, 6 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1506 Members; Chair; meetings; quorum; records; conflict of interest.
(a) Composition; Chair. — The Delaware Board of Charitable Gaming shall be composed of 5 members. Membership of the Board shall include:
(1) The Director of the State Lottery Office or an employee of the State Lottery Office, who shall have work-related knowledge and experience in matters of gambling, and shall be appointed by and serve at the pleasure of the Governor;
(2) One member of a nonprofit/charitable organization;
(3) One member active and in good standing from the Delaware Volunteer Firefighter’s Association; and
(4) Two members of the public.
The Board shall annually elect a Chair from among its membership.
(b) Qualifications. — No member of the Board of Charitable Gaming, while serving on the Board of Charitable Gaming, shall be an elected officer of any national, state or local professional or nonprofit organization that qualifies them for appointment to the Board of Charitable Gaming.
(c) Appointment; term of office. — (1) Members listed in paragraphs (a)(2) through (a)(4) of this section shall be appointed by the Governor with the consent of a majority of all members elected to the Senate.
(2) All board vacancies shall be filled with members of the same qualification required for the original appointment.
(3) Members listed in paragraphs (a)(2) through (a)(4) of this section may serve 2 consecutive terms.
(4) Members listed in paragraphs (a)(2) though (a)(4) of this section shall serve a term of 5 years and may be reappointed for 1 additional term.
(5) The term of an appointed member shall expire on the date specified in the appointment; however, the board member shall remain eligible to participate in board proceedings unless and until replaced by the Governor.
(6) The Chair shall serve in that office for 1 year, and is eligible to succeed the Chair’s own self for an additional year.
(d) Suspension or removal. — A member of the Board may be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from board business until the charge is adjudicated or otherwise concluded. A board member may appeal any suspension or removal to the Superior Court.
(e) Compensation. — Each member of the Board shall be reimbursed for all expenses involved in each meeting including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.
(f) Meetings; quorum. — (1) The Board shall hold a regularly scheduled business meeting monthly and at such other times as the Chair deems necessary, or at the request of a majority of board members.
(2) Advance notice of any special meeting shall be given to all members.
(3) A majority of members shall constitute a quorum.
(4) Any member who fails to attend 3 consecutive meetings, or who fails to attend at least half of all regular meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office.
(g) Records. — Minutes of all meetings shall be recorded and copies of the record shall be maintained by the Division of Professional Regulation. All matters relating to a hearing held pursuant to statute shall be recorded and transcribed by the Division.
(h) Conflict of interest. — The provisions set forth for “employees” in § 5801 et seq. of Title 29 shall apply to all members of the Board, and to all agents and other persons appointed by or otherwise employed by the Board. 63 Del. Laws, c. 144,
§
2 ;
65 Del. Laws, c. 226,
§§
1, 2 ;
65 Del. Laws, c. 325,
§§
1, 2 ;
65 Del. Laws, c. 355,
§
1 ;
70 Del. Laws, c. 186,
§
1 ;
75 Del. Laws, c. 350,
§
151 ;
77 Del. Laws, c. 22,
§§
57-59 ;
77 Del. Laws, c. 378,
§
1 ;
78 Del. Laws, c. 102,
§§
1, 7, 8 ;
79 Del. Laws, c. 199,
§
4 ;
81 Del. Laws, c. 85,
§
29 ;
84 Del. Laws, c. 42,
§
1 ;
§ 1507 Powers and duties.
The Board of Charitable Gaming shall have the power to consider and grant or deny applications, conduct investigations through the Division of Professional Regulation, impose penalties upon those not in compliance with the law or regulations, develop rules and regulations and enforce the provisions of this chapter. 63 Del. Laws, c. 144,
§
2 ;
77 Del. Laws, c. 22,
§
60 ;
78 Del. Laws, c. 102,
§§
1, 2 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1508 Duties; rules and regulations; forms.
(a) The Board shall:
(1) Supervise the administration of this chapter; and
(2) Adopt, amend and repeal rules and regulations governing the issuance and amendment of permits and licenses to conduct the games under such permits and licenses and schedules of rentals which may be paid for the leasing of equipment for use in connection with the games. The rules and regulations shall have the force of law and shall be adopted only after public hearings in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. Such permits and licenses shall be issued to qualified volunteer fire companies, veterans’ organizations, religious or charitable organizations, or fraternal societies. The Board shall also take measures to assure that games shall be fairly and properly conducted for the purposes and in the manner prescribed in the state Constitution and in this chapter. The Board shall prevent the game from being conducted for commercial purposes or private profit other than as authorized in the state Constitution and in this chapter. In order to provide uniformity in the administration of this chapter the Board shall prescribe forms of application for permits and licenses, amendment of permits and licenses, reports of the conduct of games and other matters incident to the administration of this chapter.
(b) A copy of the rules and regulations adopted by the Board shall be available at a reasonable cost. 28 Del. C. 1953,
§
1122;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
4, 5 ;
77 Del. Laws, c. 22,
§§
1, 2 ;
78 Del. Laws, c. 102,
§
4 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1509 Continuous study of operation of this chapter and similar laws.
(a) The Board shall conduct a continuous study and investigation of the operation of this chapter for the purpose of making recommendations to the General Assembly for amendments.
(b) The Board shall make a continuous study and investigation also of the operation and administration of similar laws which may be in effect in other states of the United States and of any literature on the subject which from time to time may be published or be available. 28 Del. C. 1953,
§
1123;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1510 Reports and recommendations by Board.
The Board shall report to the Governor and the General Assembly biennially with its recommendations, if any, and at such other times as it may deem advisable. 28 Del. C. 1953,
§
1124;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
79 Del. Laws, c. 199,
§
4 ;
Delaware General Assembly
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§ 1511 Power to license.
(a) The Board may license an organization as defined in article II, § 17A or § 17B of the state Constitution to conduct the games, provided the organization is located in and seeks to conduct the game in a district which has approved the licensing of games by referendum.
(b) The Board may designate to the Director of the Division of Professional Regulation the authority to issue permits and licenses administratively using specified criteria agreed upon by the Board and the Director. 28 Del. C. 1953,
§
1130;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
4-6 ;
77 Del. Laws, c. 22,
§
3 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1512 Application; eligibility.
(a) Each applicant for a permit or license shall file with the Board a written application in the form prescribed in its rules and regulations, duly executed and notarized, in which shall be stated the name and address of the applicant together with sufficient facts relating to its organization to enable the Board to determine whether or not it is a bona fide organization eligible to conduct games within the meaning of article II, § 17A or § 17B of the state Constitution. The applicant shall supply such other facts as the Board may require.
(b) In each application there shall be designated the active member or members of the organization under whom the games are to be conducted. To the application shall be appended a statement by the applicant to indicate that if a permit or license is granted the undersigned will be responsible for the conduct of such game in accordance with the terms of this chapter, the permit or license and the rules and regulations governing the conduct of such games.
(c) Proof that contributions are considered tax deductible under § 170 of the Internal Revenue Code of the United States (26 U.S.C. § 170) shall be prima facie evidence that the applicant is an eligible organization within the meaning of article II, § 17A or § 17B of the state Constitution, but the Board may require any additional information from the applicant which may be pertinent to the question of its eligibility. 28 Del. C. 1953,
§
1131;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
4-6 ;
77 Del. Laws, c. 22,
§§
4-8 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1513 Conditions for granting permits or licenses.
(a) The Board or its designee shall make a review of the qualifications of each applicant and the merits of each application.
(b) The Board or its designee may issue a permit or license only after it determines that:
(1) The applicant is duly qualified to conduct games under the state Constitution and of this chapter and the rules and regulations governing the conduct of games; and
(2) The persons who intend to conduct the games are persons of good moral character and have never been convicted of crimes or crimes involving moral turpitude; and a bona fide active member shall be on the premises during the conduct of the event; and
(3) Such games are to be conducted in accordance with the provisions of the state Constitution and this chapter and in accordance with the rules and regulations governing the conduct of games; and
(4) The proceeds are to be disposed of as provided in the state Constitution and by this chapter; and
(5) No unreasonable salary, compensation or reward whatever will be paid or given to any member under whom the game is conducted. 28 Del. C. 1953,
§
1132;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
4, 5 ;
69 Del. Laws, c. 216,
§§
2, 4 ;
71 Del. Laws, c. 444,
§
5 ;
77 Del. Laws, c. 22,
§§
9-16 ;
77 Del. Laws, c. 112,
§
2 ;
78 Del. Laws, c. 102,
§
2 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1514 License fees; exceptions.
(a) There shall be a permit or license fee of $15 for each occasion upon which bingo or charitable gambling are to be conducted under such permit or license.
(b) The Board or its designee may issue a permit or license without fee to any bona fide organization eligible to conduct games within the meaning of article II, § 17A or § 17B of the state Constitution, provided such organization conducts games for recreational purposes, does not intend to make a profit, does not make a profit, does not charge a fee for participation and offers no prize in excess of $5.00 for any single game. 28 Del. C. 1953,
§
1133;
51 Del. Laws, c. 65,
§
1 ;
54 Del. Laws, c. 102 ;
55 Del. Laws, c. 160 ;
62 Del. Laws, c. 17,
§
1 ;
64 Del. Laws, c. 93,
§
1 ;
64 Del. Laws, c. 100,
§§
4-6 ;
67 Del. Laws, c. 16,
§§
3, 4 ;
77 Del. Laws, c. 22,
§§
17, 18, 20-23 ;
78 Del. Laws, c. 102,
§
2 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1515 Duration of permit or license.
(a) No permit or license shall be effective for a period of more than 1 year from the date it was issued.
(b) No 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.
(c) No license shall be effective after the voters in any district designated in article II, § 17A or § 17B of the state Constitution have decided against games in a referendum held pursuant to that section and this title. 28 Del. C. 1953,
§
1134;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
4, 6 ;
77 Del. Laws, c. 22,
§§
24, 25 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1516 Refusal to permit or license; hearing.
No properly submitted application for a license shall be refused by the Board or its designee until a hearing is held after proper notice to the applicant. At any such hearing the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application. The burden of proof shall be on the applicant. 28 Del. C. 1953,
§
1135;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
77 Del. Laws, c. 22,
§§
26, 27 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1517 Amendments to permits or licenses.
Any permit or license issued under this chapter may be amended by the Board or its designee if the subject matter of the proposed amendment could lawfully and properly have been included in the original license upon application and payment of an additional license fee. 28 Del. C. 1953,
§
1136;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
77 Del. Laws, c. 22,
§§
28-30 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1518 Permits and license provisions; display.
(a) Each permit shall be in the form prescribed in the rules and regulations of the Board and shall contain:
(1) The name and address of the permit holder;
(2) The number of times and the hours during which such games are to be conducted;
(3) The prize or prizes to be offered or given and the maximum wagering limit or limits;
(4) Any other information which may be required by the rules and regulations.
(b) Each permit or license shall be conspicuously displayed at the place where the game is to be conducted for the duration of the event. 28 Del. C. 1953,
§
1137;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
77 Del. Laws, c. 22,
§§
31-35 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1519 Supervision.
(a) The Board shall exercise control and supervision over all games to the end that the games are fairly conducted in accordance with the provisions of the permit or license, the rules and regulations of the Board, the provisions of the state Constitution and of this chapter.
(b) After investigation reveals that a licensee or permittee has committed a violation of this chapter or of the rules of the Delaware Board of Charitable Gaming which the Board believes does not warrant formal action, the Board may endeavor to obtain compliance by a written letter of concern. Such letter shall be provided to the licensee or permittee, shall specify the violation and propose a time for correction of the violation. It may also provide an opportunity for a public hearing at which the Board shall hear and consider any submission relevant to the violation, corrective action, or the time frame for correcting the violation. Receipt of 3 letters of concern within a 1-year period by the same licensee or permittee shall constitute a violation warranting formal action.
(c) The Board, its officers and agents shall have the right of entry at all times into any place where any such game is being conducted or where it is intended that any such game shall be conducted or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same. 28 Del. C. 1953,
§
1138;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
77 Del. Laws, c. 22,
§§
36, 37 ;
78 Del. Laws, c. 102,
§
1 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1520 Limitations and regulations under license.
(a) Bingo and charitable games conducted shall not commence prior to 12:00 p.m. The operation of a game shall be limited to 6 consecutive hours, except as permitted by regulation. Instant or sealed games are permitted during any event sponsored by the entity that is licensed to conduct it, regardless of the day or time. No bingo or charitable gaming may take place after 1:00 a.m.
(b) No person under the age of 18 years shall be permitted in the area where the game is played.
(c) No item of expense shall be incurred or paid in connection with the conduct of the game except such as are bona fide items of a reasonable amount for merchandise furnished or services rendered which are reasonably necessary for the conduct of the game. 28 Del. C. 1953,
§
1139;
51 Del. Laws, c. 65,
§
1 ;
58 Del. Laws, c. 335 ;
59 Del. Laws, c. 367,
§
1 ;
61 Del. Laws, c. 355,
§
1 ;
62 Del. Laws, c. 325,
§
1 ;
64 Del. Laws, c. 100,
§§
4, 5, 7-9 ;
67 Del. Laws, c. 16,
§§
5, 6 ;
69 Del. Laws, c. 216,
§§
1, 3 ;
71 Del. Laws, c. 444,
§§
1-4 ;
77 Del. Laws, c. 22,
§§
38-46, 48-50 ;
77 Del. Laws, c. 112,
§
1 ;
78 Del. Laws, c. 102,
§§
2, 5 ;
79 Del. Laws, c. 199,
§
4 ;
80 Del. Laws, c. 416,
§
2 ;
§ 1521 Reports after games; records; examinations; applicability.
(a) Within 30 days after the conclusion of any game, or within 60 days if the game is a raffle event conducted by a person or organization holding an annual raffle license under § 1535A of this title, the organization which conducted the game and its member or members who were in charge shall furnish to the Board a duly sworn statement showing:
(1) The gross receipts derived from each game;
(2) Each item of expense incurred or paid;
(3) The name and address of each person to whom each such item has been, or is to be paid, with a description of the merchandise purchased or the services rendered therefor;
(4) The net profit derived for each such game;
(5) The general uses to which such net profit has been or is to be applied; and
(6) A list of prizes offered and given, with the respective values thereof.
(b) Each licensee shall maintain the records to substantiate the particulars of the reports.
(c) The Board may examine or cause to be examined the records of any organization to which any license is issued so far as they may relate to any transactions connected with games and examine any manager, officer, director, agent or employee thereof under oath in relation to the conduct of any games. 28 Del. C. 1953,
§
1140;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§§
4, 5 ;
67 Del. Laws, c. 16,
§
7 ;
77 Del. Laws, c. 22,
§§
51-54 ;
79 Del. Laws, c. 199,
§
4 ;
84 Del. Laws, c. 414,
§
2 ;
Delaware General Assembly
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§ 1522 Immunity from arrest for violation of gambling laws; exceptions.
No person:
(1) Lawfully conducting or participating in the conduct of; or
(2) Possessing, selling or in any manner disposing of, any shares, tickets or rights to participate in; or
(3) Permitting the conduct upon any premises owned by the person or it, of any game conducted or under license issued pursuant to this chapter,
shall be liable to prosecution or conviction for violation of any of the provisions of the Delaware Code not contained in this chapter pertaining to gambling, but this immunity shall not extend to any person knowingly conducting or participating in any unlicensed game or in any game under any license obtained by any false pretense or statement made in any application for such license or otherwise, or possessing, selling or disposing of shares, tickets or rights to participate in, or permitting the conduct upon any premises owned by the person or it, of any game conducted under any license known to the person or it to have been obtained by any false or fraudulent pretense or statement. 28 Del. C. 1953,
§
1150;
51 Del. Laws, c. 65,
§
1 ;
70 Del. Laws, c. 186,
§
1 ;
79 Del. Laws, c. 199,
§
4 ;
§ 1523 Suspension or revocation of license.
The Board may suspend or revoke licenses, after hearing, for violations of this chapter or for violation of the rules and regulations adopted by the Board. At any hearing to suspend or revoke an otherwise valid license the Board shall have the burden of proving any violation or any other fact which might disqualify an organization holding a license. The Board may impose a fine upon a licensee for violations of the law or regulations of not more than $1,000 per violation. The Board may impose a fine upon a third-party or charitable gaming vendor for violating or participating in a violation of the law or regulations of not more than $5,000 per violation. In addition the Board may upon finding a violation of the law or regulations, temporarily or permanently enjoin a third-party or charitable gaming vendor from contracting with or participating with an organization in regard to charitable gambling. The Board may also impose a fine up to $1,000 upon a person or entity holding a gaming event without the proper license or permit. 28 Del. C. 1953,
§
1154;
51 Del. Laws, c. 65,
§
1 ;
64 Del. Laws, c. 100,
§
5 ;
77 Del. Laws, c. 22,
§
55 ;
78 Del. Laws, c. 102,
§
2 ;
79 Del. Laws, c. 199,
§
4 ;
Delaware General Assembly
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§ 1524 Definitions.
As used in this chapter:
(1) “Bingo” means a game of chance played for prizes with cards bearing numbers or other designations, 5 or more in 1 line, the holder covering numbers as objects similarly numbered are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card.
(2) “Instant or sealed game” means any pull-tab game. 28 Del. C. 1953,
§
1102;
51 Del. Laws, c. 65,
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64 Del. Laws, c. 100,
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2, 3, 6 ;
65 Del. Laws, c. 180,
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67 Del. Laws, c. 16,
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78 Del. Laws, c. 102,
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79 Del. Laws, c. 199,
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80 Del. Laws, c. 416,
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§ 1525 Prize limits.
(a) In bingo, no prize will be offered or given in excess of the sum of $350 in any single game and the aggregate of all prizes offered or given in all of such games conducted on a single occasion shall not exceed the sum or value of $3,000. For purposes of this subsection, the value of any promotional giveaways, which value shall be no more than $500 per annum to be distributed at an organizational anniversary date and no more than 3 holiday dates per year, shall not be counted towards the dollar amounts described herein.
(b) A licensed operator of a bingo event may offer inducements, including but not limited to cookie-jar bingo games that do not exceed the amount set by the Board per game per night, free refreshments and free transportation of players to and from bingo events, to attract bingo players to the bingo event; provided, that the total fair market value of inducements is limited to 15% of the total amount of all other prizes offered or given during the bingo event. Any amounts in any cookie-jar bingo games shall not be included in these limitations or in any prize money limitations.
(c) The value of prizes offered shall be prescribed by the rules and regulations of the Board. 79 Del. Laws, c. 199,
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§ 1526 Limitations.
(a) The number of games which an applicant may conduct in any 1 calendar month shall be set by the rules and regulations of the Board, provided that no bingo permit holder or licensee issued a permit or license prior to July 14, 1998, shall conduct more than 10 bingo events in any calendar month and no bingo permit holder or licensee issued a permit or license after July 14, 1998, shall conduct more than 1 bingo event per week. For purposes of this subsection, a bingo permit holder or licensee prior to July 14, 1998, whose permit or license lapses for 6 months or more due to nonrenewal or suspension or any other reason shall, upon issuance thereafter, be considered a permit holder or licensee after July 14, 1998.
(b) No games shall be conducted in any room or area where alcoholic beverages are sold or served during the progress of the game.
(c) (1) A permitted or licensed sponsoring organization may charge an admission fee to a game event in any room or area in which a game is to be conducted. The admission fee shall entitle the game player:
a. To a card enabling the player to participate without additional charge in all regular games to be played under license at the event; or
b. To free refreshments.
The permitted or licensed sponsoring organization may charge an additional fee to a game player for a single opportunity to participate in a special game to be played under license at the event.
(2) Unless a bingo permit holder or licensee has been issued a permit or license prior to July 14, 1998, only 1 licensed organization may hold bingo games in a licensed organization’s building during any given week.
(d) No person under the age of 18 may participate in a bingo game. Persons between the ages of 16 through 18 may conduct or assist in conducting the bingo game and persons over the age of 14 may serve as waiters and waitresses in the handling of food and drinks at an event where a licensee or permittee conducts bingo. 79 Del. Laws, c. 199,
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§ 1527 Definitions.
As used in this chapter, “charitable gaming” means any game or scheme operated by an organization which has been in existence 2 years or longer in which chance is the dominant factor in the game, a consideration is paid to play and a prize may be won, excluding slot machines, roulette, craps or baccarat games. 28 Del. C. 1953,
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51 Del. Laws, c. 65,
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64 Del. Laws, c. 100,
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65 Del. Laws, c. 180,
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67 Del. Laws, c. 16,
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1, 2, 8 ;
78 Del. Laws, c. 102,
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79 Del. Laws, c. 199,
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§ 1528 Poker games.
The Board of Charitable Gaming shall promulgate rules and regulations concerning the game of poker; provided, however, a licensed organization shall not be prohibited from utilizing monitors and/or engaging the use of dealers at any poker game. 69 Del. Laws, c. 37,
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78 Del. Laws, c. 102,
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79 Del. Laws, c. 199,
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§ 1529 Third-party vendors; charitable gaming vendors.
(a) The Board of Charitable Gaming shall have the authority to regulate and license third-party or charitable gaming vendors. The Board shall mandate in its regulations that all officers of third-party or charitable gaming vendors shall be required to have criminal background checks as a requirement for licensure/permitting.
(b) Sponsoring organizations shall be allowed to use third-party or charitable gaming vendors to supply equipment and workers for charitable gambling events permitted under this chapter. Sponsoring organizations shall contract with the third-party or charitable gaming vendors on terms agreed to by the parties. However, no third-party or charitable gaming vendor shall receive compensation based on a percentage of funds received by the sponsoring organization as a result of the event.
(c) Officers of third-party or charitable gaming vendors shall complete an application prepared by the Board or by the Division of Professional Regulation seeking a license to operate as a third-party or charitable gaming vendor. The license applicant will contact the State Bureau of Identification to make arrangements for fingerprint processing. An applicant 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 to the Division of Professional Regulation and the Delaware Board of Charitable Gaming. At the time of processing, the applicant 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 State Bureau of Identification, and the applicant is to make that payment directly to that agency. Certified copies of the criminal history record will be forwarded to the Division of Professional Regulation. A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534, note) must be produced. The State Bureau of Identification shall act as the intermediary for the receipt of the federal criminal history record checks performed by the Federal Bureau of Investigation. The State Bureau of Identification shall forward the results of these federal record checks to the attention of the Division of Professional Regulation, along with the results of a report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person, in a confidential manner. The Division of Professional Regulation will provide that individual applicant with a copy of the criminal history records. The applicant shall have the opportunity to respond to the Division of Professional Regulation 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 of Professional Regulation.
(d) Investigators assigned to the Division of Professional Regulation will conduct an investigation to determine the suitability of the applicant and provide a recommendation to the Board regarding the suitability of the third-party or charitable gaming vendor for licensing. The costs of the investigation shall be borne by the officers of the third-party or charitable gaming vendors.
(e) The third-party vendor or charitable gaming vendor must demonstrate proof that it possesses a valid business license issued by the State of Delaware. 79 Del. Laws, c. 199,
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§ 1530 Limit on gaming.
(a) In charitable gaming, there shall be no limit on the amount a person may bet and no limit on the amount a person may win, except that no person may lose more than $150 in a single day.
(b) Notwithstanding subsection (a) of this section, in a members-only game, no prize may be offered or given in excess of the sum of $500 in any single game. Only a member who furnishes proof of membership in the organization or parent organization sponsoring the game may participate in a members-only game. 79 Del. Laws, c. 199,
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80 Del. Laws, c. 416,
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§ 1531 Game rules.
(a) Any permitted or licensed game sponsoring organization or organizations shall have discretionary authority to promulgate rules and regulations on the eligibility of persons permitted to participate in the game or games; provided, however, they have been approved by the Board, and further provided, that if approved by the Board, such rules and regulations shall be conspicuously displayed at the main entrance where all patrons can observe same.
(b) The Board may make reasonable rules and regulations with respect to the size of bets and prizes with respect to the conduct of games. 79 Del. Laws, c. 199,
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§ 1532 Alcoholic beverages.
Alcoholic beverages shall be allowed to be sold and/or distributed at a charitable gaming event pursuant to the Liquor Control Act [Title 4]. 79 Del. Laws, c. 199,
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Delaware General Assembly
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§ 1533 Definitions.
As used in this chapter, “raffle” means a form of lottery in which a number of persons buy 1 or more chances attempting to win the same prize. Games such as “Nevada cards” or “pull cards” where the amount of the prize is determined by the contents of the ticket purchased are not raffles. 79 Del. Laws, c. 199,
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§ 1534 Time of raffle.
An organization may conduct a raffle which will not be completed in 1 night. An organization may sell a chance which is good for an extended period of time with a series of drawings, with a chance to win a prize multiple times during that period, provided all chances are sold before the first drawing. Any such raffle must first be approved by the Board of Charitable Gaming. 79 Del. Laws, c. 199,
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§ 1535 Conduct of raffles.
Raffles shall be conducted in accordance with rules adopted by the Board of Charitable Gaming. 79 Del. Laws, c. 199,
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§ 1535A Annual raffle license.
(a) A person or organization may apply for an annual raffle license that allows the applicant to hold up to 20 raffle events per year.
(b) The cost of an annual raffle license is $300.
(c) A person or organization that obtains a license under this section must provide notice to the Board at least 7 days prior to a raffle event. Notwithstanding any other provision of this chapter to the contrary, the notice required under this subsection does not need to include information about the specific prizes or the value of prizes that will be awarded during the raffle event, but must include the following:
(1) The name, address, and phone number of the sponsoring person or organization.
(2) The date the prize will be awarded.
(3) The fact that a raffle event will take place.
(d) A raffle event held by a person or organization holding a license under this section is not subject to Board approval.
(e) Within 60 days after the conclusion of a raffle event under this section, the person or organization that conducted the raffle and its member or members who were in charge of the raffle must furnish to the Board a duly sworn statement containing all of the following:
(1) All information required to be included in a report after a game under § 1521 of this title.
(2) The name and address of each person to whom a prize was awarded. 84 Del. Laws, c. 414,
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1 ;
Delaware General Assembly
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§ 1536 Legislative intent.
The General Assembly hereby declares that the play of Texas Hold’em Poker for the purpose of raising funds, by certain nonprofit organizations, for the promotion of charitable or civic purposes, is in the public interest. It is hereby declared to be the policy of the General Assembly that all phases of licensing, operation and regulation of Texas Hold’em Poker be strictly controlled, and that all laws and regulations with respect thereto as well as all gaming laws should be strictly construed and rigidly enforced by the Delaware Board of Charitable Gaming, its agents or law enforcement. 75 Del. Laws, c. 117,
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77 Del. Laws, c. 21,
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78 Del. Laws, c. 102,
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79 Del. Laws, c. 199,
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§ 1537 Definitions for Texas Hold’em Poker.
The following definitions apply to all the rules of Texas Hold’em Poker:
(1) “All-in” means a player wages all of that player’s remaining chips to the pot.
(2) “Ante” means a predetermined contribution to the pot before the first card of the game is dealt.
(3) “Bet” means a player’s wager to the pot on any betting round.
(4) “Bet or fold” means the requirement that a player place a wager (i.e., bet) or fold that player’s hand.
(5) “Big blind” means the forced bet that is made by the person sitting 2 seats to the left of the button. This is the largest forced bet.
(6) “Blind” means a required bet made before any cards are dealt.
(7) “Blind position” means the player to the left of the button.
(8) “Bookkeeper” or “treasurer” means anyone who receives, collects or counts currency, checks, credit and debit card transactions, prepares banking deposit slips, makes deposits of receipts to a financial institution, posts receipts to a ledger, or reconciles an entity’s financial statements.
(9) “Burn” means to place a card down prior to dealing the flop, turn and river.
(10) “Button” means an object which is moved clockwise around the table to denote an imaginary dealer.
(11) “Buy-in” means a purchase of chips by a player prior to play.
(12) “Call” means a bet made equal in amount to the immediately preceding bet.
(13) “Check” means to waive the right to initiate the betting in a round, but to retain the right to call or raise.
(14) “Check and raise” means a raise after a player first checked in a round.
(15) “Chips” means small tokens or disks used to place bets.
(16) “Community cards” means cards dealt or turned face upward which can be used by all players with a live hand to make their best hand.
(17) “Deal” means the distribution of playing cards among the players.
(18) “Dealer” means the person at each table who deals, burns, shuffles and cuts the cards or operates the shuffling device.
(19) “Defective deck” means a deck that is found to have other than the proper cards or number of cards for the game being played or is otherwise found to have a card that is taped, cut, shaved, marked, defaced, bent, crimped or deformed.
(20) “Flop” means the first 3 community cards dealt or turned face up at 1 time.
(21) “Fold” means to discard a hand, forfeiting claim to the pot.
(22) “Hand” means, 1 deal, the cards held by a player, or the best cards a player is holding.
(23) “House rules” means the sponsoring organization set of rules, consistent with this title, governing the operation of the Texas Hold’em Poker tournament.
(24) “Misdeal” means to deal a hand of poker incorrectly.
(25) “Muck” means discards, burn cards and cards from the unused remainder of the deck of cards.
(26) “Opener” means the player who makes the first bet in any round.
(27) “Pot” means the total amount anted and bet by players during a game which is awarded to the winning player or players.
(28) “Rebuy” (also known as an “add-on”) means when a player is allowed to purchase additional chips at a predetermined fee.
(29) “Round” means a cycle of bets made by the players following the deal of the cards.
(30) “Showdown” means the revealing of each player’s hand after the last bet to determine the winner or winners of the pot.
(31) “Shuffling device” means a device which shuffles the cards.
(32) “Sit and go” means a single table game comprised of individuals who lost in the multitable tournament.
(33) “Small blind” means the forced bet that is made by the person sitting 1 seat to the left of the button. This bet is 1 / 2 the size of the big blind.
(34) “Sponsoring organization” means any veterans’, religious or charitable organization, volunteer fire company or fraternal society as defined in § 17B, article II of the Constitution of this State.
(35) “Stake” means the funds with which a player enters the game.
(36) “Third-party vendor” or “charitable gaming vendor” means a company or business that contracts with the sponsoring organization to provide the necessary services and/or equipment to conduct a Texas Hold’em Poker tournament.
(37) “Tournament” means a contest involving a number of contestants who compete in a series of elimination Texas Hold’em Poker games. 75 Del. Laws, c. 117,
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70 Del. Laws, c. 186,
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77 Del. Laws, c. 21,
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79 Del. Laws, c. 199,
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§ 1538 Who may conduct Texas Hold’em Poker tournaments; control and supervision.
(a) The game of Texas Hold’em Poker shall be conducted only by sponsoring organizations and shall be permitted and conducted according to the rules contained in this chapter and any regulations regarding the permitting of the sponsoring organization. A Texas Hold’em Poker tournament may be conducted by only 1 sponsoring organization; no 2 or more sponsoring organizations may jointly conduct a single tournament. No more than 1 tournament may be conducted at the same facility within the same day.
(b) The rules contained in this chapter shall be followed by sponsoring organizations, licensed third-party vendors and by all persons participating in any game of Texas Hold’em Poker.
(c) The Delaware Board of Charitable Gaming shall supervise the administration of this chapter. There shall be a permit fee of $250 for each occasion upon which the sponsoring organization wishes to conduct a Texas Hold’em Poker tournament under a permit. The Board shall also take measures to assure that a Texas Hold’em Poker tournament shall be fairly and properly conducted for the purposes and in the manner prescribed in the state Constitution and in this chapter. The Board shall prevent a Texas Hold’em Poker tournament from being conducted for commercial purposes or private profit other than as authorized in the state Constitution and in this chapter. In order to provide uniformity in the administration of this chapter, the Board shall prescribe forms of application for permits, establishment of fees, amendment of permits, reports of the conduct of Texas Hold’em Poker tournaments and other matters incident to the administration of this chapter. 75 Del. Laws, c. 117,
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77 Del. Laws, c. 21,
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78 Del. Laws, c. 102,
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79 Del. Laws, c. 199,
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§ 1539 Texas Hold’em Poker tournament rules.
(a) Deal. — (1) When a table is opened for play, the deck of cards in a game of Texas Hold’em Poker must be verified by the dealer as 1 new sealed complete standard deck of 52 cards. The design on the backs of the cards in the deck must be identical, and no card may contain any marking, symbol, or design that enables a player to know the identity of any element printed on the face of the card. The backs of the cards may contain a logo. The backs of the cards in the deck must be designed to eliminate the ability of any person to place concealed markings on them. No sponsoring organization may use cards that are taped, cut, shaved, marked, defaced, bent, crimped, or deformed. All jokers are to be discarded from the deck of cards.
(2) Texas Hold’em Poker cards are dealt by a dealer on a poker table. The dealer must protect the deck to avoid exposure of the cards (hands). A player bets on the cards (hand) the player holds. All the bets placed by the players are collected together in the center of the table which is known as the pot. There may be a required initial ante and there may be required blind bets by the players. After all the dealing of cards and betting has occurred for a pot and there are 2 or more players still in contention, there is a showdown to determine which player has the best hand. The object of the game is for a player to win the pot either by making a bet no other player is willing to match or by the player having the most valuable hand after all the betting is over. The winning player shall be the player who holds the hand of highest rank.
(3) The dealer shall deal 2 cards to each player, face downward and 1 at a time. The first player to receive a card is the player to the left of the player who has the button. A button shall be moved around the table, clockwise, so that the player who has the button receives the advantage. The last player to receive cards is the player assigned the button. Play must proceed in a clockwise direction with each player’s turn following the person on the player’s immediate right. After all players have received their 2 cards, there is a betting round. The player to the left of the last blind bettor may call, raise, or fold and each following player may call, raise, or fold in a clockwise order.
(4) The dealer burns the top card of the deck and deals 3 community cards from the deck 1 at a time face downward and turns them face upward all at once in the center of the table. Community cards are common to the hand of every active player in the pot.
(5) After the flop, the betting continues for another round. The first player still in the pot sitting left of the player assigned the button is the first to act and then each player in a clockwise order may act in turn until all bets are equal. Any player may call, check, raise, or fold in accordance with the house rules.
(6) The dealer burns a card and deals a fourth community card, known as the turn card, face upward in the center of the table. Another round occurs. The dealer then burns a card and deals a fifth community card, known as the river card, face upward in the center of the table for the final round.
(7) After all bets are made and if there are 2 or more players remaining in the game, there is a showdown and in Texas Hold’em Poker, the best qualifying high hand wins the pot.
(8) The 5 community cards shall be combined with none, 1, or 2 cards from each player to determine the player’s best 5-card hand.
(9) There is no limit as to the amount a player can raise or bet during any round. At any time following the first deal, a player can go all-in.
(b) Conduct. — The following rules shall apply to all Texas Hold’em Poker tournament play and must be included in the printed rules for each tournament:
(1) All players will receive an equal number of tournament chips for their entry fee and any subsequent rebuys or add-ons.
(2) Initial table and seat assignments shall be determined by random draw or assignment. As tables are combined following player elimination, the remaining players shall also draw or be reassigned to new seating assignments. The tournament director shall be permitted to provide for the reasonable accommodation(s) of those individual(s) with special need(s).
(3) Players are eliminated from the tournament when they lose all their chips. Players who lost in the multitable tournament are then eligible to participate in a sit and go game.
(4) Play will continue until only 1 player has not been eliminated.
(5) No agreement concerning division of prizes shall be made.
(6) The sponsoring organization shall have 2 separate decks of cards available at each table. The color or markings of the backs of the cards of the 2 decks must be different.
(7) All cards used to play Texas Hold’em Poker must be dealt out of the hand by the dealer.
(8) The dealer, at least once each hour, shall count the cards in the sealed deck to verify that the sealed deck is complete. The dealer, at least once every 2 hours, shall change the sealed deck of cards. When the 2 separate sealed decks of cards at the table have been used, the sponsoring organization or licensed third-party vendor dealer shall replace the used sealed decks with a new set of 2 separate sealed decks of cards.
(9) All pots are to be awarded by the dealer only. When the dealer has awarded a pot and it has been taken in by that player without a claim made against it, the award stands. No player may make an agreement with any other player regarding the pot. Each game must be played to conclusion and the pot awarded to the actual winning player.
(10) Each player shall be permitted to play only 1 hand and the player shall make all decisions without advice from any other person. Any communication between a player with a live hand and a spectator about the play of the hand or other players at the table is prohibited.
(11) No player may allow a person to sit in on a tournament game on the player’s behalf. No player may wager on another player’s hand, nor may any player play other than the player’s own hand. No player may exchange or otherwise transfer their chips to any other player during the tournament.
(12) No player shall have a camera, cell phone with camera or recording device at the poker table.
(13) Only tournament chips on the table at the start of a game may be in play for that pot. Concealed chips may not be used in play.
(14) A player may assemble chips in front of the player before acting. A player must be considered to have made a bet if the player pushes assembled chips forward or releases chips into the pot at a sufficient distance from the player to make it obvious that the player intends it as a bet. If the situation is unclear and the player allows the dealer to pull the player’s chips into the pot without making an immediate objection, it must be considered a bet by the player.
(15) If a player is absent from the table they will be dealt in and all antes, forced bets and blinds will be posted as required. A player’s hand will be immediately declared dead if the player is not in the player’s seat when it is the player’s turn to act. 75 Del. Laws, c. 117,
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70 Del. Laws, c. 186,
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77 Del. Laws, c. 21,
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79 Del. Laws, c. 199,
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§ 1540 Ranking of cards in hand.
The cards are ranked ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3, and 2. A Texas Hold’em Poker hand in a showdown shall consist of 5 cards, ranked according to the following from highest to lowest:
(1) Straight flush. — Five cards of the same suit in sequence; an ace-high straight flush is a “royal flush”;
(2) Four of a kind. — Four cards of the same rank;
(3) Full house. — Three cards of the same rank and 2 cards of 1 other rank;
(4) Flush. — Five cards of the same suit;
(5) Straight. — Five cards in sequence;
(6) Three of a kind. — Three cards of the same rank;
(7) Two pair. — Two cards of the same rank and 2 cards of 1 other rank;
(8) One pair. — Two cards of the same rank; and
(9) High card. — The highest ranking card in the hand. 75 Del. Laws, c. 117,
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77 Del. Laws, c. 21,
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79 Del. Laws, c. 199,
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§ 1541 Tie.
Ties shall be broken and/or resolved according to house rules. 75 Del. Laws, c. 117,
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79 Del. Laws, c. 199,
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§ 1542 Sponsoring organization to provide dealer.
The sponsoring organization must provide the dealer, which may be provided by a licensed third-party or charitable gaming vendor. The dealer shall not play, make a bet or otherwise wager on a Texas Hold’em Poker game. 75 Del. Laws, c. 117,
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77 Del. Laws, c. 21,
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79 Del. Laws, c. 199,
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§ 1543 Ante.
Each individual player must ante by placing chips equaling the ante in front of the player on the table before the first card of the game is dealt. The dealer must sweep the antes and place them in the pot. Once the first card is dealt to any player, the ante may not be altered, except that if a player’s hand is declared dead for reasons other than the player’s fault, the ante may be returned to such player. 75 Del. Laws, c. 117,
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79 Del. Laws, c. 199,
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§ 1544 Shuffling device.
(a) If appropria
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