10 Del. Admin. Code § 103-3.0

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

Section 103-3.0 - Conduct of Games

3.1 Workers.

3.1.1 Member-in-Charge. Every sponsoring organization shall designate a bona fide, active member of the licensee to be in charge of and primarily responsible for each function. The member-in-charge shall have been a member in good standing of the sponsoring organization for at least 2 years. The member-in-charge shall supervise all activities and be responsible for the conduct of all games during the function of which the individual is in charge, including the preparation of any financial reports required by law or these regulations. The member-in-charge or the member-in-charge's qualified designee shall be present on the premises continually during the function and shall be familiar with the provisions of this regulation, and the terms of the license. Neither the member-in-charge nor the member-in-charge's designee may be employed by or in any way assist a third-party vendor in performing its duties during the function.

3.1.2 List of Workers. A sponsoring organization conducting a function shall prepare and have available on the premises a list of all persons taking part in the management or operation of the function. Such list shall be maintained as part of the licensees records of the function and shall be made available to any member or agent of the Board or law enforcement officer.

3.1.3 Bona Fide Member. For the purposes of eligibility to participate in managing or otherwise assisting in the operation of a function, a person is a bona fide member of the sponsoring organization only when the person:

3.1.3.1 Has become a member prior to the commencement of the function and such membership was not dependent upon, or in any way related to the payment of consideration to participate in, any gambling activity; and

3.1.3.2 Has held full and regular membership status in the sponsoring organization for a period of not less than 3 consecutive months prior to the subject function; and

3.1.3.3 Has paid any reasonable initiation or admission fees for membership, or any dues, consistent with the nature and purpose of the sponsoring organization and with the type of membership obtained and is not in arrears in payment of any such fees or dues; and

3.1.3.4 Has met all other conditions required by the sponsoring organization for membership and in all respects is a member in good standing at the time of the subject function; and

3.1.3.5 Has met all of the standards respecting the member's own organization, and the individual is a bona fide member of a bona fide charitable or bona fide nonprofit organization affiliated with or auxiliary to the member's sponsoring organization, or to which the member's own sponsoring organization is auxiliary; and

3.1.3.6 Has met all of the standards respecting the member's own organization, and this organization has prior to July 6, 1984, assisted the sponsoring organization to conduct charitable gaming; and

3.1.3.7 Has met all of the standards respecting the member's own sponsoring organization, and this organization is assisting another similar sponsoring organization (i.e. fire company assisting another fire company; fraternal society assisting another fraternal society; charitable, religious or veterans organization assisting another charitable, religious, or veterans organization) to conduct charitable gaming.

3.1.4 Identification Required. The member-in-charge and those assisting the member-in-charge in any capacity shall possess and display identification.

3.1.5 Member Responsible for Gross Receipts. The member responsible for gross receipts shall not be employed by or perform any duties for a third-party vendor during the function.

3.1.6 No unreasonable commission, salary, compensation, reward, recompense, reimbursement of expenses or gift, or other consideration shall be paid directly or indirectly, to any person for conducting or assisting in the conduct of any function. Sponsoring organizations may contract with third-party vendors to conduct or assist in conducting the function, and may agree to pay reasonable compensation to the vendor. No tip, gratuity or gift, or other consideration shall be given or accepted by any person conducting or assisting in the conduct of a function either directly or indirectly, and 1 or more signs prohibiting tipping shall be prominently displayed in each playing area. No tip cups may be placed upon tables, nor may cups intended for donations to the charitable organization be placed upon the table. Donations may be made to the charitable organization but a container to receive such donations must be placed near the entrance to the function and must be accessible to the member in charge. Nothing in this subsection prohibits any person from sharing food and beverages made available at the functions, or the collection of bar tips for the benefit of the sponsoring organization.

10 Del. Admin. Code § 103-3.0

13 DE Reg. 107 (07/01/09)
13 DE Reg. 1355 (04/01/10)
13 DE Reg. 1580 (06/01/10)
16 DE Reg. 219 (08/01/12)
28 DE Reg. 391 (11/1/2024) (Final)