10 Del. Admin. Code § 203-2.0
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.
"Agency" or "Lottery office" means the Delaware State Lottery Office created pursuant to 29 Del.C. Ch. 48, subch. I.
"Agent" or "Licensed agent" or "Licensed video lottery agent" means any person licensed by the Director of the agency to conduct table games and/or video lottery operations.
"Applicant" means any person applying for a license authorized under these regulations whether for itself or for another person that is owned either directly or indirectly by the person applying.
"Authorized game" means roulette, baccarat, blackjack, craps or mini craps, big six wheel, poker, Let it Ride, minibaccarat, red dog, pai gow, sic bo, and any variations or composites of such games, provided that such variations or composites are found by the Director to be suitable for use after an appropriate test or experimental period under such terms and conditions as the Director may deem appropriate. "Authorized game" may also include any other game which is determined by the Director to be compatible with the public interest and to be suitable for use after such appropriate test or experimental period as the Director may deem appropriate. "Authorized game" includes gaming tournaments in which players compete against one another in one or more of the games authorized herein if the tournaments are authorized by the Director.
"Background investigation" means the security, fitness and background checks conducted of an applicant.
"Beneficial owner" means a person that enjoys the benefits of owning an asset, property, or security, regardless of whose name is listed on the title of the asset, property or security, and includes any person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares:
"Business plan" means a document containing information regarding table game and video lottery operations as may be required by the Director.
"Cage" means a secure work area within the video lottery facility for cashiers and a storage area for the agent's working fund of cash and gaming chips.
"Career or professional offender" means any person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing such methods as are deemed criminal violations of the public policy of this state.
"Cash equivalent" means a certified check, cashier's check, treasurer's check, recognized traveler's check or recognized money order that: is made payable to the presenting patron or the agent where presented, or a holding company of the agent, or "bearer" or "cash;" is dated, but not postdated; and either does not contain any endorsement other than that of the presenting patron or is endorsed in blank by the presenting patron.
"Cheat" means any person whose act or acts in any jurisdiction would constitute any offense under 11 Del.C. § 1471, if prosecuted under Delaware law.
"Chip" means a small disk issued by the agent representing a set value that is used for making table game wagers and is redeemable only for cash, the agent's check or in redemption of a marker.
"Count room" means the room or rooms designated for the counting, wrapping, and recording of the agent's gaming receipts.
"Credit slip" means the receipt issued from a video lottery machine for payment of credits by an agent.
"Central system" means the hardware, software and network components, which link and support all required video lottery machines and the central site.
"Central system provider" means a person with whom the agency has contracted for the purpose of providing and maintaining a central communication system and the related management facilities with respect to operating and servicing the video lottery machines.
"Central site" means the location where the central video lottery communications' control systems shall be located.
"Certification" means the authorization by the lottery in accordance with its inspection and approval process of video lottery machines and video games, such certification to relate to either hardware or software.
"Counter check" or "Marker" means an electronic or written document that evidences an extension of credit to a patron by the agent, or a front money withdrawal, including any counter check taken in consolidation, redemption, or payment of a previous counter check.
"Credit" means the opportunity provided to a player to play a video game or redeem the credit for cash.
"Crime of moral turpitude" means a misdemeanor or felony crime punishable by incarceration, a court fine in any amount, or both, and that involves moral turpitude or is in itself immoral or wrong including, but not limited to, the following: Murder, manslaughter, assault, sexual assault, sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a forgery device, offering a false instrument for recording, scheme to defraud, falsifying business records, commercial bribe receiving, commercial bribery, bribery, receiving a bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, escape, promoting contraband, interference with official proceedings, receiving a bribe by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical evidence, hindering prosecution, terroristic threatening, riot, criminal possession of explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, misconduct involving a controlled substance or an imitation controlled substance, permitting an escape, promoting gambling, possession of gambling records, distribution of child pornography, and possession of child pornography. A crime of moral turpitude also includes the following crimes listed in the Delaware Code (or similar crimes under the laws of other jurisdictions); 11 Del.C. § 763 (sexual harassment); 11 Del.C. § 764 (indecent exposure in the second degree); 11 Del.C. § 765 (indecent exposure in the first degree); 11 Del.C. § 766 (incest); 11 Del.C. § 767 (unlawful sexual contact in the third degree); 11 Del.C. § 781 (unlawful imprisonment in the second degree); 11 Del.C. § 840 (shoplifting); 11 Del.C. § 861 (forgery); 11 Del.C. § 871 (falsifying business records); 11 Del.C. § 881 (bribery); 11 Del.C. § 907 (criminal impersonation); 11 Del.C. § 1101 (abandonment of a child); 11 Del.C. § 1102 (endangering the welfare of a child); 11 Del.C. § 1105 (crime against a vulnerable adult); 11 Del.C. § 1106 (unlawfully dealing with a child); 11 Del.C. § 1107 (endangering children); 11 Del.C. § 1245 (falsely reporting an incident); 11 Del.C. § 1341 (lewdness); 11 Del.C. § 1342 (prostitution); 11 Del.C. § 1343 (patronizing a prostitute); 11 Del.C. § 1355 (permitting prostitution); 16 Del.C. § 1136 (violations in Health and Safety, Nursing Facilities and Similar Facilities); and 31 Del.C. § 3913 (violations in Welfare, Adult Protective Services).
"DGE" means the Division of Gaming Enforcement of the Department of Safety and Homeland Security, as authorized by the Delaware Code.
"Director" means the Director of the Delaware State Lottery Office as established by Title 29 of the Delaware Code.
"Drop box" means the dual key-locked box attached to a table game that is used to collect currency, coin, chips, cash equivalents, documents verifying the extension and redemption of credit, requests for fill and credit forms and any other documents as approved by the Director.
"Elector" means any person who, under 29 Del.C. § 4821, decides not to become an agent.
"Excluded person" means any person who has been placed upon the exclusion list by order of the Director or of a court of competent jurisdiction and who, pursuant to 29 Del.C. § 4835 and these regulations, is required to be excluded or ejected from a video lottery facility.
"Exclusion list" means the list of names of persons who, pursuant to 29 Del.C. § 4835 and these regulations, are required to be excluded or ejected from video lottery facilities.
"Front money" means a patron deposit that is used in lieu of credit to guarantee payment of a marker issued or to establish a line of credit for gaming purposes.
"Gaming" means the dealing, operating, carrying on, maintaining or exposing for play any video lottery machine or table game in a licensed video lottery facility.
"Gaming area" means a location in a video lottery facility where gaming activity is conducted at video lottery machines or table games.
"Gaming employee" means a person employed in the operation of a Video Lottery Facility and determined by the Director to have employment duties and responsibilities involving the security, maintenance, servicing, repair, or operation of video lottery machines and table game equipment, or is employed in a position that allows direct access to the internal workings of video lottery machines or table game equipment. Such employees shall include, without limitation, dealers, floorpersons, video lottery machine personnel, video lottery machine technicians, count room and cage personnel, security and surveillance employees, employees responsible for handling assets and proceeds associated with the operation of gaming activity, and employees with responsibility for policies concerning complimentaries or who are authorized to grant variances to policies concerning complimentaries.
"Gaming equipment" means any mechanical, electrical or electronic contrivance or machine or equipment used in connection with gaming including, without limitation:
"Gaming excursion" means an arrangement, the purpose of which is to induce any person, selected or approved for participation therein on the basis of his ability to satisfy a financial qualification obligation related to his ability or willingness to gamble or on any other basis related to his propensity to gamble, to come to a video lottery facility for the purpose of gaming and pursuant to which, and as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for said person is directly or indirectly paid by a video lottery agent or employee thereof.
"Gaming excursion provider" means any person that provides gaming excursion services to an agent.
"Gaming room service employee" means a person employed to perform services or duties in a video lottery facility who has access to the gaming or restricted gaming area but who is not included within the definition of key employee or gaming employee.
"Gaming vendor" means any vendor that offers to the State of Delaware or to any agent any gaming equipment.
"Gross table game revenue" means the total of all table game win or loss and poker revenue, including checks received whether collected or not; received by a video lottery agent from table game operations; provided that if the value of gross table game revenue at any video lottery facility in a given fiscal year is less than zero, any liabilities to winners in such year shall be the responsibility of the video lottery agent. Gross table game revenue shall include entry fees charged in a tournament in excess of cash prizes awarded. For purposes of this section, any check which is invalid and unenforceable shall be treated as cash and included within gross table game revenue.
"Hearing officer" means a member of the Lottery Commission or other qualified person designated by the Chairperson of the Lottery Commission to conduct a hearing on any matter within the jurisdiction of the Lottery.
"Immediate family" means a person's spouse and any children, whether by marriage, adoption or natural relationship.
"Imprest" means a specific amount of funds which are replenished from time to time or at the end of a shift in exactly the value of the expenditures made from the funds as documented. A review is made by a higher authority of the propriety of the expenditures before the replenishment.
"Institutional investor" means any of the following:
"Key employee" means a person employed in the operation of a video lottery facility and determined by the Director to be acting in a supervisory capacity or empowered to make discretionary decisions with respect to video lottery machine or table game operations, including, without limitation, the chief executive, financial and operation managers, video lottery department managers, cashier and cage supervisors, credit executives, pit bosses or managers, gaming employee shift managers or any other employee so designated by the Director for reasons consistent with the public policies of 29 Del.C. and shall include any officer or any employee of an employee organization who has direct involvement with or who exercises authority, discretion or influence in the representation of employees of a Delaware video lottery agent in collective bargaining, grievance representation, labor disputes, salaries, wages, rates of pay, hours of employment or conditions of work.
"Legal owner" means a person that has the opportunity, directly or indirectly, to profit or share in any profit derived from a transaction involving an interest in an asset, property, or security of a business entity or other type of legal entity.
"License" means the authorization granted by the agency which permits an applicant to engage in defined table game and/or video lottery activities as an agent or service company; and authorization granted by the agency which permits an applicant to perform employment duties as a key employee or gaming employee.
"License application" means the process by which a person requests licensing for participation in the table game and/or video lottery operations.
"Licensee" means any person authorized by the Director to participate in table game and/or video lottery operations.
"Lottery" means the public gaming system or games established and operated by the Delaware State Lottery Office.
"Lottery Commission" means the Lottery Commission of the State of Delaware as established by 29 Del.C. § 4837.
"Match play coupon" means a promotional item in paper or plastic form with a fixed stated play ratio and value that is issued and used by an agent, and the stated value of which, when presented by a patron with gaming chips which are in the stated ratio in value to the stated value of the promotional item, is included in the amount of the patron's wager in determining the amount the patron receives as the result of a winning wager made with the gaming chips and their accompanying promotional item.
"Maximum wager limit" means the maximum amount that can be wagered on a single play on any single video game or table game event outcome, as determined by the Lottery Director from time to time.
"MEAL" means a machine entry authorization log required for each video lottery machine.
"MICS" means Minimum Internal Control Standards as adopted by the Director.
"Net video lottery game proceeds" means the total amount of credits or cash played less the total amount of credits or cash won by the players less the amounts given away as free promotional play by the agent(s) which shall be within the limits as recommended by the Lottery Director and approved by the Secretary of Finance. "Net video lottery game proceeds" does not include sums withheld from player winnings for tax liabilities incurred by the players, nor does it include amounts held in reserve for large or progressive prizes yet to be won by players. However, any interest earned on such amounts held in reserve is included in net video lottery game proceeds.
"Non-value chip" means a chip which is clearly and permanently impressed, engraved, or imprinted with the name of the licensee, but which does not bear a value designation.
"Non-gaming vendor" means any vendor offering goods or services other than gaming equipment.
"Occupational manner or context" means the systematic planning, administration, management, or execution of an activity for financial gain.
"Owner" means a person who owns, directly or indirectly, 10% or more of an applicant or licensee.
"Person" means an individual, general partnership, limited partnership, corporation, limited liability company, trust, statutory or business trust, association, joint venture, or any other type of business entity or legal entity.
"Pit" means the area of arrangement of a group of gaming tables in which gaming employees administer and supervise the table games played at the grouping of tables.
"Player" means an individual who plays a table game or video lottery machine.
"Poker revenue" means the total value of rake charged to players at all poker tables. The poker revenue is determined by adding the value of cash, coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and markers removed from a drop box, and subtracting the amount on the opener and the total of amounts recorded on fills removed from a drop box.
"Premises" means the building and grounds occupied by a licensed agent where the agent's table game or video lottery operations occur or support facilities for such operations exist, such as facilities for the service of food or drink, including those areas not normally open to the public, such as areas where records related to table game or video lottery operations are kept. "Premises" do not include areas where such operations or facilities do not take place or exist, such as racetrack areas, which are wholly unrelated to table game or video lottery operations. The boundaries of the premises will be delineated on the floor plan in an agent's business plan.
"Prohibited person" means both a self-excluded person and an excluded person as defined in these regulations and as described in 29 Del.C. §§ 4834 and 4835, respectively.
"Rake" means the amount of gaming chips, gaming plaques or coin collected by the dealer pursuant to the approved rules of the game as poker revenue.
"Request for proposals and qualifications" means a document developed under the direction of the Delaware State Lottery Office for the purpose of soliciting responses from potential {technology providers} service companies as a means of acquiring bids for goods or services.
"Restricted gaming area" means the cashiers' cage, the count room, the cage booths and runway areas, the interior of table game pits, the surveillance room, the video lottery machine repair room and any other area designated by the Director as a restricted gaming area.
"Self-excluded person" means any person whose name is included, at his or her request, on the self-exclusion list maintained by the Director or Deputy Director.
"Self-exclusion list" means a list of names of persons who, pursuant to this subchapter, have voluntarily agreed to be excluded from all video lottery agent premises and to be prohibited from collecting any winnings or recovering any losses at all licensed video lottery agents.
"Service companies" means those persons who offer or provide goods or services as set forth in 29 Del.C. § 4829(a)(1), (a)(2), or (a)(3), and which include gaming vendors, non-gaming vendors, and gaming excursion providers.
"Service company license" means the license required by the sections set forth in 29 Del.C. § 4829(b) to (e).
"Service Technician" means any person who performs service, maintenance and repair operations on table games or video lottery machines.
"Table game" means any game played with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding video lottery machines) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty one, poker, craps, roulette, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation, provided that the game is expressly authorized by rule of the Director.
"Table game equipment" means gaming tables, cards, dice, chips, tiles, shufflers, drop boxes or any other mechanical, electronic or other device, mechanism or equipment or related supplies used or consumed in the operation of any table games.
"Table game win or loss" means the value of gaming chips and cash won from patrons less the value of gaming chips and cash won by patrons at gaming tables other than poker tables. The table game win or loss is determined by adding the value of cash, total value of coupons, the amount recorded on the closer, the totals of amounts recorded on the credits and the issuance copies of markers removed from a drop box, subtracting the amount recorded on the opener and the total of amounts recorded on fills removed from a drop box. Match play coupons shall not be included, subject to limitations imposed by the Director.
"Terminal" means a gaming device linked to the central system as part of the video lottery operations.
"Value chip" means a chip that is clearly and permanently impressed, engraved, or imprinted with the name of the licensee and the specific value of the chip.
"Video game" means any game played on a video lottery machine, including but not limited to a variation of poker, blackjack, pull tabs, instant or line-up games.
"Video game event outcome" means the result of a video game achieved by a player at a video lottery machine.
"Video lottery" means any lottery conducted in a video lottery facility with a video lottery machine or a network of linked video lottery machines with an aggregate progression prize or prizes (excluding keno, table games, and the Internet lottery).
"Video lottery agent license" means the authorization granted by the agency which permits an applicant to engage in defined table game and video lottery activities as an agent.
"Video lottery facility" means a building containing a gaming room or rooms.
"Video lottery machine" means any machine in which coins, credits or tokens are deposited in order to play any game of chance in which the results, including options available to the player, are randomly determined by the machine. A machine may use spinning reels or video displays or both, and may or may not dispense coins or tokens directly to winning players. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins, or tokens unnecessary.
10 Del. Admin. Code § 203-2.0
28 DE Reg. 386 (11/1/2024) (Final)