10 Del. Admin. Code § 204-6.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 204-6.0 - Agents: Duties

6.1 The following duties are required of all agents:

6.1.1 Provide a secure location for the placement, operation, and play of all sports lottery machines located on the agent's premises.

6.1.2 Permit no person to tamper with or interfere with the approved operation of any sports lottery machine without prior written approval of the agency unless otherwise directed by the Director.

6.1.3 Assure that telephone lines from the central system to the sports lottery machines located on the agent's premises are at all times connected, and prevent any person from tampering or interfering with the continuous operation of the lines.

6.1.4 With respect to sports lottery operations, contract with only officers, directors, owners, partners, key employees, and suppliers of sports lottery equipment and paraphernalia authorized by the agency to participate in sports lottery operations within the State of Delaware.

6.1.5 Ensure that sports lottery machines are placed and remain as placed unless the agency authorizes their movement within the sight and control of the agent or a designated employee, through physical presence and, if self-service terminals, by the use of surveillance cameras at all times.

6.1.6 Ensure that sports lottery machines are placed and remain as placed in the specific area of the premises as approved by the agency. The initial placement and anysubsequent relocation of any sports lottery machine requires the prior written approval of the agency.

6.1.7 Monitor sports lottery play and prevent play by persons who are under the age of twenty-one (21) years or who are intoxicated, or whom the agent has reason to believe are intoxicated.

6.1.8 Commit no violations of the laws of this State concerning the sale, dispensing, and consumption on the agent's premises of alcoholic beverages that result in suspension or revocation of an alcoholic beverage license.

6.1.9 Maintain at all times sufficient cash for daily operations.

6.1.10 Exercise caution and good judgment in extending credit for sports lottery play if the agent is a licensed video lottery agent authorized to extend such credit and comply with all applicable federal and state laws.

6.1.11 Exercise caution and good judgment in providing cash for checks presented for sports lottery play. The agent shall also ensure that any contractor who performs check-cashing services for the agent also exercises caution and good judgment in providing cash for checks under this Regulation.

6.1.12 Report promptly all sports lottery machine malfunctions to the appropriate technology provider and notify the agency of any technology provider who fails to provide service and repair of such terminals and associated equipment.

6.1.13 Conduct agency approved advertising and promotional activities related to sports lottery operations.

6.1.14 Install, post and display prominently at locations within or about the premises signs, redemption information and other promotional material as may be required by the agency.

6.1.15 Conduct sports lottery operations only during those hours established and approved by the Director or his or her designee.

6.1.16 Assume responsibility for the proper and timely payment to players of winning sports lottery wagers for those players who hold winning tickets with a value up to and including $600. Winning sports lottery tickets with a value of more than $600 must be cashed at a licensed video lottery agent's sportsbook or the Delaware Lottery's office. Agents who have received prior approval from the Director to cash winning sports lottery tickets with a value of $601 to $1,500 must also assume responsibility for the proper and timely payment to players of winning sports lottery tickets. Licensed video lottery agents must also assume responsibility for the proper and timely payment to those players who hold credit slips that have any winning value and that were issued by the same licensed video lottery agent. Players may also cash winning sports lottery tickets with any winning value at the Delaware Lottery's office.

6.1.17 Prohibit the possession, use or control of gambling paraphernalia on the agent's premises not directly related to the lottery or horse racing or harness horse racing and prohibit illegal gambling on the agent's premises.

6.1.18 Attend all meetings, seminars, and training sessions required by the agency.

6.1.19 Supervise its employees and their activities to ensure compliance with these rules.

6.1.20 Assume responsibility for the proper and immediate redemption of all credits; however, no credits may be redeemed by a person under twenty-one (21) years of age, and no credits submitted for redemption beyond the one year time limit will be redeemed. No credits or prizes may be redeemed by any person illegally on the agent's premises. For sports lottery agents who are also licensed video lottery agents, no credits or prizes may be redeemed by any persons who have requested that they be self-banned from the agent's premises.

6.1.21 Provide dedicated power and a proper sports lottery environment in accordance with the specifications of the agency. The agent shall permit no person to completely shut off power to an operational sports lottery machine without the prior approval of the agency.

6.1.22 Furnish to the Director complete information pertaining to any change in ownership of the agent or the owner of the premises.

6.1.23 Promptly report to the agency any violation or any facts or circumstances that may result in a violation of State or Federal law and/or any rules or regulations pursuant thereto, excluding violations concerning motor vehicle laws.

6.1.24 Conduct sports lottery operations in a manner that does not pose a threat to the public health, safety, or welfare of the citizens of Delaware, or reflect adversely on the security or integrity of the lottery.

6.1.25 Hold the Director, the State of Delaware, and employees thereof harmless from and defend and pay for the defense of any and all claims which may be asserted against the Director, the State or the employees thereof, arising from the participation in the sports lottery.

6.1.26 Maintain all required records.

6.1.27 Provide at the request of the Director or DGE immediate access to the premises and to all records related to any aspect of these regulations, including without limitation the duties imposed by these regulations.

6.1.28 Keep current on all payments, tax obligations and other obligations to the agency and other licensees with whom sports lottery business is conducted. The agent shall pay the players and transfer the net proceeds to the State lottery fund in conformity with the requirements set forth in these regulations and 29 Del.C. Ch. 48.

6.1.29 Locate all self-service sports lottery machines within the viewing range of closed circuit television cameras at all times, including both normal business hours and those periods when sports lottery operations are closed. The presence of these cameras is to ensure the integrity of the lottery, the sports lottery operations, and the safety of the patrons. Surveillance tapes will be maintained by the agent according to a schedule established by the Director. The installation of any new closed circuit television or repositioning of any CCTV cameras or new surveillance system must be reviewed and approved by the agency before being placed in operation.

6.1.30 Comply with such other requirements as shall be specified by the Director. The agent may be requested to submit to the Director a description of its system of internal procedures and administrative and accounting controls, which shall conform to the rules and regulations of the agency and be otherwise satisfactory to the Director in his or her sole discretion.

6.1.31 At the Director's discretion, provide, on a continuing basis, to the Director the names and addresses of all employees who are involved in the daily operation of the sports lottery. These employees will include individuals or their supervisors involved with (1) the security of the sports lottery, (2) the handling or transporting of proceeds from the sports lottery, or (3) positions that provide direct access to sports lottery machines.

6.1.32 Notify the Director on a continuing basis of any change in officers, partners, directors, key employees, sports lottery operations employees, and owners.

6.1.33 Comply on a continuing basis with the requirements for obtaining or retaining a license under the provisions of these regulations and 29 Del.C. Ch. 48.

10 Del. Admin. Code § 204-6.0

16 DE Reg. 291 (09/01/12)
21 DE Reg. 974 (6/1/2018)
22 DE Reg. 592 (1/1/2019) (Final)