10 Del. Admin. Code § 101-3.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 101-3.0 - Bingo Licenses3.1 Upon receiving an application, the Board shall make an investigation of the merits of the application. The Board may deny an application if it concludes that approval of the application would be detrimental to existing licensees.3.2 The Board may issue a license only after it determines that:3.2.1 The applicant is duly qualified to conduct games under the State Constitution, statutes, and regulations.3.2.2 The members of the applicant who intend to conduct the bingo games are bona fide active members of the applicant and are persons of good moral character and have never been convicted of a crime involving moral turpitude.3.2.3 The bingo games are to be conducted in accordance with the provisions of the State Constitution, statutes, and regulations.3.2.4 The proceeds are to be disposed of as provided in the State Constitution and statutes.3.2.5 No salary, compensation or reward whatever will be paid or given to any member under whom the game is conducted. If the findings and determinations of the Board are to the effect that the application is approved, the Secretary shall execute a license for the applicant.3.3 The license shall be issued. The original thereof shall be transmitted to the applicant.3.4 If the findings and determinations of the Board are to the effect that the application is denied, the Secretary shall so notify the applicant by certified mail of the reasons for denial, and shall refund any application fees submitted.3.5 In the event of a request for an amendment of a license, the request shall be promptly submitted to the Board in writing, and shall contain the name of the licensee, license number, and a concise statement of the reasons for requested amendment. The Board may grant or deny the request, in its discretion, and may require supporting proof from the licensee before making any determination. The Board may require the payment of an additional license fee before granting the request. The licensee shall be notified of the Board's action by appropriate communication, so that the licensee will not be unduly inconvenienced.3.6 No license shall be effective for a period of more than one year from the date it was issued.3.7 No license shall be effective after the organization to which it was granted has become ineligible to conduct bingo under any provision of Article II, §17A of the Delaware Constitution.3.8 No license shall be effective after the voters in any District designated in Article II, §17A of the Constitution have decided against bingo in a referendum held pursuant to that section and subchapter I of the Charitable Gaming Statute.3.9 No bingo licensee licensed prior to July 14, 1998, shall conduct more than ten (10) bingo events in any calendar month and no bingo licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998) shall conduct more than one (1) bingo event per week. A bingo licensee who was licensed prior to July, 14, 1998 whose license lapses for six (6) months or more due to non-renewal or suspension or any other reason shall, upon licensing thereafter, be considered a licensee licensed after the enactment of 71 Del. Laws 444 (July 14, 1998). 3.10 The license application shall contain a full and fair description of the prize and the value of the prize. In cases where the applicant or licensee purchases the prize from a third party, the applicant shall maintain a copy of the receipt and the price paid for the prize shall be listed as its value. If the prize has been donated at no cost to the organization by an entity or by an individual, the organization may use the prize only if the donor has provided proof of the full retail value of the prize, and that value is used by the organization as the value of the prize.3.11 When bingo is conducted in conjunction with a carnival, festival, or similar event scheduled for more than one day, the game may be played up to every night of the event and shall be considered a single event for purposes of the rule allowing one event per week for those licensed after July 10, 1998 or ten events per month for those licensed before July 10, 1998.10 Del. Admin. Code § 101-3.0
2 DE Reg. 1224 (01/01/99)
3 DE Reg. 1692 (06/01/00)
4 DE Reg. 334 (08/01/00)
13 DE Reg. 412 (09/01/09)
16 DE Reg. 219 (08/01/12)
16 DE Reg. 1194 (5/1/2013)
20 DE Reg. 994 (6/1/2017) (Final)