10 Del. Admin. Code § 202-1.0

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 202-1.0 - Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise. Words importing the masculine gender include the feminine as well, except as otherwise clearly indicated by the context.

"Accessible" means complying with the technical requirements found in the ADA Accessibility Guidelines (ADAAG) as issued by the United States Access Board.

"Accessible route" means a continuous unobstructed path connecting all accessible elements and spaces of a building or facility.

"ADA" means the Americans with Disabilities Act (42 U.S.C. §§ 12101 - 12213 and 47 U.S.C. § 225 and § 611).

"Agent" or "licensee" means a person who has been licensed by the Director to sell lottery tickets and provide lottery-related services.

"Applicant" means any person who applies for a license to be an Agent as authorized under Delaware law and these Regulations.

"DGE" means the Division of Gaming Enforcement established within the Department of Safety and Homeland Security under 29 Del.C. § 8236 to (i) exercise exclusive jurisdiction for the criminal offenses which relate to gaming that occurs in a licensed video lottery facility or which relate the operation of the Lottery, and (ii) investigate the background, qualifications, and suitability of each applicant or licensee before any license is issued or re-issued by the Director.

"Director" means the Director of the Lottery Office or the Acting Director.

"Drawing game" means a lottery game in which a ticket is generated by a computer or a terminal and a drawing must take place to determine if the ticket is a winner.

"Element" means an architectural or mechanical component of a building, facility, space, or site, such as a telephone, curb ramp, door, drinking fountain, seating, or water closet.

"Entrance" means any access point to a building or portion of a building or facility used for the purpose of entering and includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibules (if provided), the entry door(s) or gate(s), and the hardware of the entry door(s) or gate(s).

"Exterior accessible routes" includes, but is not limited to, parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.

"Facility" means all or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, passageways, parking lots, or other real or personal property located on a site.

"Financial institution" means any bank, trust company, or other institution or person either licensed under Title 5 of the Delaware Code or subject to the supervision and regulation of the State Bank Commissioner.

"Inspection report" means a completed survey of the retailer or applicant facility that identifies barriers to program accessibility, if any, and suggest possible solutions.

"Instant game" means either (a) a lottery game in which a pre-printed ticket must be scratched to reveal a play area that will determine if the ticket is a winner or (b) a lottery game in which a terminal-generated lottery ticket contains sufficient information to ascertain immediately, without reference to any other information, whether a holder of the ticket is entitled to receive a prize or winnings in the game.

"Interior accessible route" includes, but is not limited to, corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures.

"Lottery" means the public gaming systems or games established and operated pursuant to Delaware Law and includes all types of lotteries that involve prize, consideration, and either pure change or chance as the dominant factor.

"Lottery program" means drawings and instant games offered to the public through Agents and may include the sale of tickets, in-store promotions, and events.

"Lottery Property" includes any Agent's license, unsold tickets, forms, promotional materials or any other tool issued to the agent by the Lottery Office for the purpose of selling tickets.

"Office" or "Lottery Office" means the Delaware State Lottery Office created by the Delaware Code.

"Person" means and includes an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee, or any other individual acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals and any departments, commissions, agencies, and instrumentalities of the State, including counties and municipalities and their agencies and instrumentalities.

"Regulations" means the regulations promulgated by the Lottery Office for the operation of the Lottery.

"SBI" means the State Bureau of Identification within the Delaware Division of State Police that serves as the central repository for accurate and current criminal history record information in the State of Delaware.

"Service site" means an area within an Agent's facility where a customer may purchase a lottery-related product.

"Technical Infeasibility" means, with respect to an alteration of a building or a facility, that it has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame or because other existing or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

"Ticket" means a lottery ticket issued by the Lottery Office for sale to the general public.

"Traditional lottery products" means both drawing games and instant games.

10 Del. Admin. Code § 202-1.0

22 DE Reg. 494 (12/1/2018) (Final)