Chapter 9

§ 901 License for shows and other exhibitions. (a) Whoever for money or other reward in any city or town in this State exhibits any images or pageantry, sleight of hand, tricks, puppet shows, circus, any feats of balancing, personal agility, strength or dexterity, or any theatrical exhibition, without a license first obtained as provided in this section shall forfeit and pay to the city or town a fine as set by the city or town. (b) The mayor of any city, the commissioners of any town, or if there are no commissioners, any justice of the peace residing in or nearest to such town, may grant a license for such exhibitions on receiving for the use of the city or town such sum as they deem proper, not less than $5.00, for every such exhibition. (c) Whoever wilfully suffers any unlicensed exhibition to be had or made in any house or upon any premises in the person’s possession shall pay to the city or town a fine as set by the city or town. (d) This section does not extend to any permanently established museum, nor to any merely literary, scientific or musical exhibition. Code 1852, §§  883-886; Code 1915, §§  3436, 3437; Code 1935, §§  3896, 3897; 28 Del. C. 1953, §  901; 64 Del. Laws, c. 310, §§  1, 2 ; 84 Del. Laws, c. 42, § 136 ; § 902 Exclusion of offensive patrons [Repealed]. 15 Del. Laws, c. 194, §  2 ; Code 1915, §  3576; Code 1935, §  4070; 28 Del. C. 1953, §  902; 70 Del. Laws, c. 186, §  1 ; repealed by 84 Del. Laws, c. 31, § 2, effective May 16, 2023. ; § 903 Shooting galleries; regulations; penalties. (a) No person shall keep a gallery or booth or other convenience for the purpose of target shooting or other trials of skill by the use of firearms within the borders of any town or city, or within 300 yards of any road or public passway, within this State, or at any place of public resort, unless the gallery or booth or other convenience is enclosed with walls not less than 10 feet in height and not less than 4 inches in thickness sufficient to prevent ball or shot from the firearms from escaping from or passing through the gallery or booth. (b) No person apparently under the influence of intoxicating liquor, a person with a mental disability or otherwise incapacitated shall be allowed by such keeper to participate in the target shooting or other trials of skill by the use of firearms in such gallery, booth or other convenience. (c) Whoever violates this section, shall be fined not less than $50, nor more than $200, 1 / 2 of which shall go to the person informing and the other 1 / 2 to the General Fund of this State, and in default of the payment of the fine shall be imprisoned for not less than 1 nor more than 3 months. 19 Del. Laws, c. 266, §§  1-3 ; Code 1915, §§  3457-3459; Code 1935, §§  3927-3929; 28 Del. C. 1953, §  903; 49 Del. Laws, c. 57, §  1 ; 79 Del. Laws, c. 371, §  29 ; § 904 Antique slot machines. No person shall offer or make available any slot machine as a form of public amusement or entertainment. An individual may, however, possess and privately use antique slot machines if such machines are not used for gambling purposes. For purposes of this section, a slot machine is an antique slot machine if such machine is at least 25 years old. 68 Del. Laws, c. 252, §  3 ; § 905 Bowling alleys. Any person of a good moral character may keep and maintain a bowling alley or tenpin alley. The bowling alley or tenpin alley shall be kept in an orderly manner. It may not be used for purposes of gambling but simply as a means of recreation and exercise. 11 Del. Laws, c. 432, §  1 ; Code 1915, §  3571; Code 1935, §  4062; 28 Del. C. 1953, §  905; § 906 Prohibition of horse racing on Good Friday or Easter Sunday. There shall be no horse racing of any kind on Good Friday or Easter Sunday. 28 Del. C. 1953, §  906; 59 Del. Laws, c. 25, §  1 ; § 907 Liability insurance required of automobile race operator; penalty. (a) Every person who is engaged in the business of conducting motor vehicle races, or who is required to be licensed as an “automobile race operator” pursuant to § 2301(a) of Title 30 shall carry comprehensive general liability insurance to protect persons sustaining bodily injury or property damage while on the premises, with the exception of participants and their employees and employees of agents of the track and/or the operator. The amount of coverage to be so provided shall not be less than $100,000 per person, or $500,000 per occurrence. Property damage insurance shall be maintained in the amount of $25,000 per occurrence. A current policy and certificate of insurance shall be kept at the office of the person in the business and on file with the State Insurance Commissioner. (b) Whoever violates any provision of this section shall be fined not less than $2,000, nor more than $5,000, proceeds to go to the General Fund of this State. (c) Nothing contained in subsection (b) of this section shall be construed to relieve any person from tort liability. (d) The Superior Court of this State shall have exclusive original jurisdiction of any violation of this section, notwithstanding any provision of the Delaware Code to the contrary. 28 Del. C. 1953, §  907; 57 Del. Laws, c. 696. ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 925 Definitions. As used in this subchapter: (1) “Outdoor musical festival” means any group or groups of persons participating in musical entertainment in open spaces and not in a permanent structure; (2) “Promoter” means the organizer, operator, producer or the person or persons, or corporation staging the outdoor musical festival and the owner, tenant and lessee of the land upon which the outdoor musical festival is performed; (3) “Spectator” means a gathering of 1,000 or more persons who pay a consideration for the purpose of viewing or hearing the outdoor musical festival. 28 Del. C. 1953, §  925; 57 Del. Laws, c. 466, §  1 ; § 926 Permits for outdoor musical festival. (a) No promoter shall hold or conduct any outdoor musical festival where spectators will be present without first obtaining permits from the Division of Public Health, or its successor and the Superintendent of the State Police, except that in incorporated municipalities of more than 5,000 persons the chief of police of that incorporated area shall be the person to issue such permit instead of the Superintendent of the State Police. (b) The Division of Public Health shall not issue a permit until the following provisions are met: (1) The promoters post a cash bond in an amount to be determined by the Division, not to exceed $50,000; and (2) The promoters establish adequate sanitation and health facilities that are in accordance with the rules and regulations governing outdoor musical festivals adopted by the Division of Public Health. (c) The Superintendent of the State Police, or the chief of police of any incorporated municipality of more than 5,000 persons, shall not issue a permit until the promoter furnishes evidence that the promotor has provided: (1) Adequate security for the safety of the spectators and their property, and (2) Adequate arrangements for the orderly flow of traffic to, at and from the outdoor musical festival. (d) The Division of Public Health shall retain the bond required in subsection (b) of this section for a period of 30 days after the outdoor musical festival has terminated. In the event the promoters fail to remove all trash, debris or residue and repair any damage to personal property, real property, crops or livestock belonging to another person created or caused by the outdoor musical festival or the spectators within 72 hours after its termination, then, in that event, the Division of Public Health may use as much of the bond money as is needed to remove the trash, debris or residue and repair the damage to personal property, real property, crops or livestock. Any moneys unexpended from the bond shall be returned by the Division of Public Health to the promoter 30 days after termination of the outdoor musical festival. 28 Del. C. 1953, §  926; 57 Del. Laws, c. 466, §  1 ; 57 Del. Laws, c. 614, §§  1-3 ; 70 Del. Laws, c. 147, §  29 ; 84 Del. Laws, c. 42, § 137 ; § 927 License. No promoter shall obtain a license pursuant to § 2301 of Title 30 until the promoter has first obtained the permits required by § 926 of this title. 28 Del. C. 1953, §  927; 57 Del. Laws, c. 466, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 928 Penalties. (a) Any person or corporation who organizes, operates, produces, stages or permits an outdoor musical festival to be organized, operated, produced or staged on land which that person or corporation owns or leases without having first obtained the required permits and license shall be fined not less than $3,000 nor more than $5,000 and may be imprisoned not more than 6 months. (b) Jurisdiction over this offense shall be in the Superior Court. 28 Del. C. 1953, §  928; 57 Del. Laws, c. 466, §  1 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 929 Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: (1) “Contract” shall mean a written agreement between the “promoter” and the “sponsor” which sets forth the authority, responsibility and liability of each party and, most specifically, the financial details of the agreement. (2) “Entertainment event” shall mean any form of circus or carnival, stage play, variety show, concert, magic, puppet or mime show, pageant, musical or similar type of public entertainment program other than combative sports, wrestling, racing and outdoor music festivals. (3) “Promoter” shall mean any person who, privately or as a business agent for a professional enterprise, offers services to another person or organization and in return for the use of that person’s/organization’s name as sponsor, and a fee, commission or profit share, acquires, advertises and conducts a paid entertainment event for the general public. (4) “Sponsor” shall mean any person or organization who agrees, verbally or in writing, to authorize the use of their name as an indorsement for, and supporter of, a paid public entertainment event promoted by another individual or business enterprise. 67 Del. Laws, c. 372, §  1 ; 70 Del. Laws, c. 186, §  1 ; 81 Del. Laws, c. 79, § 42 ; § 930 Sponsors’ responsibilities. (a) (1) Each sponsor shall demand that any promoter, offering fund-raising services in the form of entertainment events, exhibit said promoter’s current year occupational license required by § 2301(a) or (b) of Title 30. (2) If a sponsor enters into an agreement with a promoter, without having first verified said promoter’s credentials and occupational license status, the sponsor assumes joint liability with the promoter for any failures of service promised by the promoter to the consumer public. (b) Sponsors may, if they so desire, charge the promoter a fee for the use of their name (individual or organization) in promotional material concerning the entertainment event. Such fee shall not be less than $500 and shall be specifically stated in the contractual agreement between sponsor and promoter. 67 Del. Laws, c. 372, §  1 ; § 931 Promoters’ responsibilities. (a) Each promoter (individual and/or firm) shall acquire a Delaware annual occupational license and pay such other fees as are established in § 2301 of Title 30. (b) Promoters shall comply with § 901(b) of this title by obtaining any licenses or permits which may be required by the local jurisdiction where an entertainment event is to be presented. (c) Each promoter shall fully reimburse the sponsor for any sponsor’s advance expense payments or loans, before any other expenses, commissions or fees are paid from the proceeds of the event. 67 Del. Laws, c. 372, §  1 ; § 932 Contracts. (a) All contractual agreements between promoters and sponsors shall be written in clear text, plain language. (b) The contractual agreement shall contain, in an appropriate location, the promoter’s current Delaware occupational license number. (c) Distribution of the profits of the venture shall be stated specifically as a percentage for the sponsor and the promoter or as a specific dollar share for the sponsor. (d) Any fees or commissions agreed to for the promoter shall be considered as a part of the promoter’s share of the profits and not an operating expense of preparing for and conducting the event. 67 Del. Laws, c. 372, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }