10 Del. Admin. Code § 203-7.0

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

Section 203-7.0 - Game Requirements, Voluntary and Involuntary Exclusion

7.1 The Director shall authorize such table games and video games to be played on the agent's premises in conformity with approved business plans, as amended.

7.2 Video games shall be based on bills, coins, tokens or credits, worth between $.01 and $100 each, in conformity with approved business plans as amended.

7.3 The Director, in his or her discretion, may authorize play on a video lottery machine to which the maximum wager limit of $100 shall not apply.

7.4 Each video game shall display the amount wagered and the amount awarded for each possible winning occurrence based on the number of credits wagered.

7.5 Each video game shall provide a method for players to view payout tables.

7.6 Each player shall be at least 21 years of age. In the event an underage player attempts to claim a prize, the video lottery agent should treat the play of the game as void and the underage player shall not be entitled to any prize won or a refund of amounts bet. In the event a person illegally on the premises or a self-barred person attempts to claim a prize, the video lottery agent will also treat the play of the game as void and the person shall not be entitled to any prize won or a refund of amounts bet. This policy prohibiting persons underage, persons illegally entering the premises, and persons self-barred from winning prizes shall be prominently displayed on the premises of the video lottery agent.

7.7 Agents shall redeem credit slips, tokens, or video lottery machine credits presented by a player in accordance with procedures proposed by the agent and approved by the Director prior to the opening of the premises for video game play. Such procedures shall be modified at the direction of the Director in his or her sole discretion at any time. Nothing in this subsection (7.7) shall prohibit the use of coin-in/coin-out machines. Players claiming prizes may be required to present sufficient identification as required by the agency.

7.8 Credit slips and prize claim forms may be redeemed by a player at the designated place on the premises where the video game issuing the credit slip or prize claim form is located during the one year redeeming period commencing on the date the credit slip or prize claim form was issued.

7.9 No credit slip or prize claim shall be redeemed more than 1 year from the date of issuance. No jackpot from a coin-in/coin-out machine shall be redeemed more than one year from the date on which the jackpot occurred. Funds reserved for the payment of a credit slip or expired unclaimed jackpot shall be treated as net proceeds if unredeemed one year from the date of issuance of the credit slip or occurrence of the winning jackpot. The 1 year redemption policy in this regulation shall be prominently displayed on the premises of the video lottery agent.

7.9.1 No person may play or attempt to play credits on a video lottery machine that were won by another player on that machine and inadvertently or accidentally left on the machine by the original player. Any such play of another person's credits shall be treated as void and the person who plays another player's credits that were accidentally left on the machine shall not be entitled to any prize won or a refund. The tracks shall prominently post this policy on the premises.

7.9.2 Any unclaimed credits left on a video lottery machine shall revert to the agency after a 1-year period.

7.10 No payment for a credit slip or a prize claim form for a prize awarded on a video lottery machine may be made unless the credit slip or prize claim form meets the following requirements:

7.10.1 It is presented on a fully legible, valid, printed credit slip on paper approved by the agency, containing the information as required;

7.10.2 It is not mutilated, altered, unreadable, or tampered with in any manner, or previously paid;

7.10.3 It is not counterfeit in whole or in part; and

7.10.4 It is presented by a person authorized to play.

7.11 Method of Payment. The management of each licensed agent shall designate employees authorized to redeem credit slips during the hours of operation. Credits shall be immediately paid in cash or by check when a player presents a credit slip for payment meeting the requirements of this section.

7.12 Restrictions on Payment. Agents may only redeem credit slips for credits awarded on video lottery machines located on its premises. The agency and the State of Delaware are not liable for the payment of any credits on any credit slips.

7.13 Redeemed Tickets Defaced. All credit slips redeemed by a licensed agent shall be marked or defaced in a manner that prevents any subsequent presentment and payment.

7.14 Liability for Malfunction. The agency and the State of Delaware are not responsible for any video lottery machine malfunction or for any error by the agent that causes credit to be wrongfully awarded or denied to players.

7.15 Self-Excluded Players

7.15.1 Request for Self-Exclusion; Form

7.15.1.1 Any person may have his or her name placed on the self-exclusion list by submitting a request for self-exclusion in the form and manner required by these regulations. Such self-exclusion form must include the following information concerning the person submitting the request for self-exclusion:

7.15.1.1.1 Their name, including any aliases or nicknames;

7.15.1.1.2 Their date of birth;

7.15.1.1.3 Their address of current residence;

7.15.1.1.4 The telephone number of their current residence or their cell phone number;

7.15.1.1.5 Their social security or individual taxpayer identification number;

7.15.1.1.6 Their physical description, including height, weight, gender, hair color, eye color, and any other physical characteristic that may assist in the identification of the person;

7.15.1.1.7 The length of minimum self-exclusion requested by the person, which may be one year, five years, or for the lifetime of the person;

7.15.1.1.8 A waiver and release, which shall release and forever discharge the State of Delaware, its employees, and agents, and all agents, their employees, and their agents from any liability to the person requesting self-exclusion and his or her heirs, administrators, executors, and assigns for any harm, monetary or otherwise, which may arise out of or by reason of any act or omission relating to the request for self-exclusion or request for removal from the self-exclusion list, including:

7.15.1.1.8.1 Its processing or enforcement;

7.15.1.1.8.2 The failure of a video lottery agent to prevent video lottery or table game play by a self-excluded person, or the failure by the agent to restore the ability of self-excluded person to play video lottery machines or table games;

7.15.1.1.8.3 Permitting a self-excluded person to engage in video lottery or table game play at a video lottery agent's premises while on the list of self-excluded persons; and

7.15.1.1.8.4 Disclosure of the information contained in the self-exclusion request or list, except for a willfully unlawful disclosure of such information.

7.15.1.1.9 Their signature and the following statement:

"I am voluntarily requesting exclusion from all gaming activities at all licensed Delaware video lottery agents because I am a problem gambler. I certify that the information provided above is true and accurate. I have read, understood, and agreed to the waiver and release included with this request for self-exclusion. I am aware that my signature below authorizes the Delaware Lottery and the DGE to direct all licensed video lottery agents to prohibit my access to all video lottery facilities in accordance with this request until such time as the Delaware Lottery removes my name from the self-exclusion list in response to my written request to terminate my voluntary self-exclusion, unless, however, I have requested to be excluded for life. I am aware (and agree) that during any period of self-exclusion, I shall not collect any winnings or recover any losses resulting from any gaming activity at any licensed video lottery agents' premises. I am aware (and agree) that while I am on the self-exclusion list, any money or thing of value that I obtain from, or am owned by, a licensed video lottery agent from playing video lottery games or table games will be subject to forfeiture."

7.15.1.1.10 The type of identification credentials the lottery office examined, which must contain the signature of the person requesting self-exclusion, and whether said credentials included a photograph and general physical description of the person; and

7.15.1.1.11 The signature of an authorized lottery office employee who accepted the person's request for self-exclusion. The lottery office employee must indicate on the form that the signature of the person on the request for self-exclusion appears to agree with the signature contained on his or her identification credentials and that any photograph and physical description of the person appears to agree with his or her actual appearance.

7.15.1.2 Any person requesting placement on the self-exclusion list shall submit in person a completed self-exclusion form as required in this regulation. The form must be delivered to the Delaware State Lottery Office, 1575 McKee Road, Dover, DE. Any person submitting a self-exclusion form shall be required to present valid identification credentials containing his or her signature, a photograph of the person, and a general physical description of the person. Any person requesting self-exclusion pursuant to these Regulations shall be required to have his or her photograph taken by the lottery office upon submission of the form.

7.15.2 Self-exclusion list.

7.15.2.1 The lottery office shall maintain the official self-exclusion list and shall notify each video lottery agent of any addition to or deletion from the list by mailing a notice to each video lottery agent. The lottery office shall make available copies of the official self-exclusion list to the DGE as well as the documents required by subsection 7.15.1.

7.15.2.2 Each video lottery agent shall maintain its own copy of the self-exclusion list. In addition, each video lottery shall establish procedures to ensure that its copy of the self-exclusion list is updated and that all appropriate employees and agents of the video lottery agent are notified of any addition to or deletion from the list within 48 hours after the notice is mailed by the lottery office. The notice mailed by the lottery office shall include the information regarding the excluded person that is listed in subsections 7.15.1.1.1 through 7.15.1.1.8 and a copy of the photograph that the lottery office or DGE took of the excluded person.

7.15.3 Information furnished to or obtained by the Lottery or DGE shall be deemed confidential and not be disclosed except in accordance with these regulations.

7.15.4 No video lottery agent or employee or agent thereof shall disclose the name of, or any information about, any person who has requested self-exclusion to anyone other than employees of the agent whose duties and functions require access to such information. Notwithstanding the foregoing, a video lottery agent may disclose the name of and information about a self-excluded person to appropriate employees of another video lottery agent for the purpose of alerting other video lottery agents that a self-excluded person has tried to play a video lottery machine or table game or obtain access to the premises of a video lottery agent.

7.15.5 Duties of Video Lottery Agent

7.15.5.1 Each video lottery agent shall establish procedures that are designed, to the greatest extent practicable, to:

7.15.5.1.1 Permit appropriate employees of the video lottery agent to identify a self-excluded person when present in a video lottery facility and, upon such identification, notify:

7.15.5.1.1.1 Those employees of the video lottery agent designated to monitor the presence of the self-excluded persons;

7.15.5.1.1.2 Designated representatives of the lottery office and the DGE.

7.15.5.1.2 Refuse access to the premises for any self-excluded person;

7.15.5.1.3 Deny check cashing privileges, player club membership, complimentary goods and services, and other similar privileges and benefits to any self-excluded person;

7.15.5.1.4 Ensure that self-excluded persons do not receive, from the video lottery agent any solicitations, targeted mailings, telemarketing promotions, player club materials or other promotional materials relating to video lottery or table game activities at the video lottery agent's premises;

7.15.5.2 Each video lottery agent shall submit to the lottery office and the DGE, a copy of its procedures established to comply with these self-exclusion regulations within 30 days of the effective date of these regulations. The agent's procedures will be incorporated into the agent's internal control submission with the agency. Any amendments to said procedures shall be submitted to the lottery office and the DGE at least three business days prior to the implementation. If the lottery office and the DGE do not object to said procedures or amendments thereto, such procedures or amendments shall be deemed to be approved.

7.15.5.3 If any agent recognizes a self-excluded person entering or attempting to enter any video lottery premises, the agent shall immediately notify the lottery office, the Lottery Commission, and DGE of such fact. The agent shall also take all reasonable steps to initiate and maintain video surveillance of the self-excluded person if they are on video lottery premises and securely retain any ensuing recordings until directed otherwise by the lottery office or DGE.

7.15.6 Removal from Self-Exclusion List

7.15.6.1 Except for those persons choosing a lifetime self-exclusion, any self-excluded person may, upon the expiration of the period of self-exclusion requested pursuant to subsection 7.16, request removal of his or her name from the self-exclusion list by submitting, in person, a completed request for removal as required in subsection 7.15.6.2 below. The request shall be delivered to the Lottery Office, 1575 McKee Road, Dover, DE. Any person submitting a request for removal from the list shall be required to present valid identification credentials containing his or her signature and a photograph and general physical description.

7.15.6.2 A request for removal from the self-exclusion list shall be in a form prescribed by the Lottery, which form shall include:

7.15.6.2.1 The identifying information specified in subsection 7.16;

7.15.6.2.2 The signature of the person requesting removal from the self-exclusion list indicating acknowledgment of the following statement:

"I certify that the information that I have provided above is true and accurate. I am aware that my signature below constitutes a revocation of my previous request for self-exclusion, and I authorize the Delaware Lottery to permit all video lottery agents to reinstate my video lottery and table games privileges at licensed video lottery premises;"

7.15.6.2.3 The type of identification credentials examined containing the signature of the person requesting removal from the self-exclusion list, and whether said credentials included a photograph and general physical description of the person; and,

7.15.6.2.4 The signature of a Lottery or DGE employee authorized to accept such request, indicating that the signature of the person on the request for removal from the self-exclusion list appears to agree with that contained on his or her identification credentials and that any photograph and physical description appears to agree with his or her actual appearance.

7.15.6.3 The Lottery shall delete the name of the person requesting the removal from the self-exclusion list and notify each video lottery agent of such removal by mailing a notice to each video lottery agent.

7.16 Involuntary Exclusion

7.16.1 Maintenance and distribution of excluded persons list

7.16.1.1 The Director shall maintain an updated master exclusion list pursuant to this subsection and shall notify all agents in writing of any additions to or deletions from the exclusion list. Each agent shall acknowledge receipt of the notice in writing. An updated master exclusion list shall be maintained by each agent. The lottery office shall make available a current copy of the official exclusion list to the DGE and upon request to any agent.

7.16.1.2 The list shall be open to public inspection.

7.16.1.3 Each video lottery agent shall have the responsibility to distribute copies of the exclusion list to its employees. Any additions, deletions, or other updates to the exclusion list shall be distributed by each video lottery agent to its employees within 2 business days of receipt of such updates from the Director.

7.16.2 Criteria for exclusion. The exclusion list may include any person who meets any of the following criteria:

7.16.2.1 Prior conviction of a crime which is a felony in this state or under the laws of the United States; or a crime involving moral turpitude; or a violation of the gaming laws of any state;

7.16.2.2 Violation or conspiracy to violate any of the provisions of 11 Del.C. § 1471;

7.16.2.3 The failure to disclose an interest in a video lottery facility for which the person must obtain a license; or

7.16.2.4 Willful evasion of fees or taxes;

7.16.2.5 Notorious or unsavory reputation which would adversely affect public confidence and trust that the Delaware Lottery is free from criminal or corruptive elements; or

7.16.2.6 Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted.

7.16.2.7 A career or professional offender whose presence in a video lottery facility would be inimical to the interest of the State of Delaware or of lottery operations therein;

7.16.2.8 An associate of a career or professional offender whose association is such that his or her presence in a video lottery facility would be inimical to the interest of the State of Delaware or of lottery operations therein;

7.16.2.9 Any person whose presence in a video lottery facility would be inimical to the interest of the State of Delaware or of lottery operations therein, including, but not limited to:

7.16.2.9.1 Cheats;

7.16.2.9.2 Persons whose privileges for licensure have been revoked;

7.16.2.9.3 Persons who pose a threat to the safety of the patrons or employees of a video lottery agent; and

7.16.2.9.4 Persons with a documented history of conduct involving the undue disruption of the video lottery and/or table games operations of video lottery agents.

7.16.2.10 For purposes of this subsection, a person's presence may be considered "inimical to the interest of the State of Delaware or of lottery operations therein" if known attributes of such person's character and background:

7.16.2.10.1 Are incompatible with the maintenance of public confidence and trust in the credibility, integrity and stability of lottery operations;

7.16.2.10.2 Could reasonably be expected to impair the public perception of, and confidence in, the Lottery or its regulatory processes; or

7.16.2.10.3 Would create or enhance a risk of the fact or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of lottery operations or in the business or financial arrangements incidental thereto.

7.16.2.11 A finding of inimicality may be based upon the following:

7.16.2.11.1 The nature and notoriety of the attributes of character or background of the person;

7.16.2.11.2 The history and nature of the involvement of the person with lottery operations in Delaware or with licensed gaming in any other jurisdiction;

7.16.2.11.3 The nature and frequency of any contacts or associations of the person with any video lottery agents or with any employees thereof; or

7.16.2.11.4 Any other factor reasonably related to the maintenance of public confidence in the efficacy of the regulatory process and the integrity of lottery operations, video lottery agents and their employees.

7.16.2.12 In considering placement on the exclusion list, it shall be improper to discriminate on any basis prohibited by §711(a) of Title 19.

7.16.3 Duties of the Director, Lottery Commission, and the DGE

7.16.3.1 The DGE shall promptly investigate any individual who would appear to be an appropriate candidate for placement on the exclusion list. If, upon completion of an investigation, the Director of the DGE determines that the person so investigated satisfies the criteria for exclusion, the DGE shall file a verified petition with the Director as set forth in 29 Del.C. § 4835(a) and request that the person be placed on the exclusion list. The verified petition shall state with particularity the reasons why the person satisfies the criteria for exclusion and shall also contain all identifying information required in subsection 7.18.4.7.

7.16.3.2 Upon receipt of a verified petition that complies in form and substance with 29 Del.C. § 4835 and these regulations, the Director shall place the person so named on the exclusion list. Whenever the name and description of any person is placed on the exclusion list pursuant to this subsection, the Director shall serve notice of such fact to such person:

7.16.3.2.1 By personal service;

7.16.3.2.2 By certified mail to the last known address of such person; or

7.16.3.2.3 By publication daily for 1 week in 1 of the principal newspapers published in the city of Dover and in 1 of the principal newspapers published in the city of Wilmington, Delaware.

7.16.3.3 Within 30 days after service by mail or in person or 60 days after the last publication, the person named may request a hearing before the Lottery Commission and show cause why he should have his name taken from such a list. Failure to request a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects his right to petition for judicial review.

7.16.3.4 Upon receipt of a request for hearing, the Lottery Commission shall set a time and place for the hearing. This hearing must not be held later than 30 days after receipt of the request for the hearing, unless the time of the hearing is changed by the Lottery Commission with the agreement of the DGE and the person demanding the hearing. At the hearing, the DGE shall have the affirmative obligation to establish a reasonable basis that the person named for exclusion satisfies the criteria for exclusion established by statute and these regulations. The Lottery Commission may admit any relevant evidence, except that it shall observe the rules of privilege recognized by law. The Lottery Commission may exclude any evidence which is irrelevant, unduly repetitious, or lacking a substantial probative effect. A record shall be made of all hearings and all witnesses shall be sworn and subject to cross examination.

7.16.3.5 If, upon completion of the hearing, the Lottery Commission determines that:

7.16.3.5.1 The DGE has not met its burden of proof, the Lottery Commission shall prepare and issue a written decision and order that sets forth its findings of fact and conclusions of law, includes a statement that the person's name must be removed from the exclusion list, directs the Director to notify all agents of the person's removal from the exclusion list, and directs the Director to serve a copy of its written decision and order on the person so named; or

7.16.3.5.2 Placing the excluded person on the exclusion list was proper, in which case the Lottery Commission shall prepare and issue a written decision and order that sets forth its findings of fact and conclusions of law, includes a statement that the person's name must remain on the exclusion list, and directs the Director to serve a copy of its written decision and order on the person so named.

7.16.3.6 The Director shall serve the Lottery Commission's written decision and order on the person whose name will be removed from the exclusion list or whose name will remain on the exclusion list in one of the manners listed in subsections 7.17.4.2.1, 7.17.4.2.2, or 7.17.4.2.3. This written decision and order are subject to review in the Superior Court, which shall have exclusive jurisdiction over appeals of exclusion listings from the Lottery Commission.

7.16.3.7 The Director may revoke, limit, condition, or suspend the license of a video lottery agent, or impose a fine or other monetary penalty, if that video lottery agent knowingly fails to exclude or eject from its premises any excluded person.

7.16.3.8 The Director may revoke, limit, condition, or suspend the license of a video lottery agent, or impose a fine or other monetary penalty, if that video lottery agent knowingly fails to exclude or eject from its premises any person placed on the list of persons to be excluded or ejected. This written decision and order are subject to review in the Superior Court, which shall have exclusive jurisdiction over appeals of exclusion listings from the Lottery Commission.

7.16.4 Information contained on the list of excluded persons

7.16.4.1 The following information and data shall be provided for each excluded person:

7.16.4.1.1 The full name and all aliases the person is believed to have used;

7.16.4.1.2 A description of the person's physical appearance, including height, weight, type of build, color of hair and eyes and any other physical characteristics which may assist in the identification of the person;

7.16.4.1.3 Date of birth;

7.16.4.1.4 The effective date of the order mandating the exclusion or ejection of the person named therein;

7.16.4.1.5 A photograph, if obtainable, and the date thereof;

7.16.4.1.6 Such other miscellaneous information as is deemed necessary by the Director for the enforcement of this regulation.

7.16.5 Duties of video lottery agents

7.16.5.1 A video lottery agent shall exclude or eject the following persons from its video lottery facility:

7.16.5.1.1 Any excluded person; or

7.16.5.1.2 Any person known to the agent to satisfy the criteria for exclusion set forth in these regulations.

7.16.5.2 If an excluded person enters, attempts to enter, or is in a video lottery facility and is recognized by the agent, the agent shall immediately notify the Lottery Commission and DGE of such fact. The agent shall also take all reasonable steps to initiate and maintain video surveillance coverage of the person while he/she is on the premises and securely retain any ensuing recordings until directed otherwise by the Lottery and/or DGE.

7.16.5.3 The Director may, upon request of any video lottery agent or any person who has been excluded or ejected from a video lottery facility pursuant to subsection 7.16.5.1, refer a matter to the DGE for investigation to determine whether such person meets the criteria for exclusion.

7.16.5.4 It shall be the continuing duty of a video lottery agent to inform the DGE in writing of the names of persons it believes are appropriate for placement on the exclusion list.

7.16.6 Petition to remove name from exclusion list

7.16.6.1 An excluded person may petition the Lottery Commission to request a hearing concerning his or her removal from the list at any time after 5 years from the placement of such person on the list.

7.16.6.2 The petition shall be verified under oath by a notary public, with supporting affidavits, and shall state with particularity the grounds believed by the petitioner to constitute good cause for his removal from the list. Upon receipt of such petition, the Lottery Commission shall request the DGE to update its previous investigation of the excluded person, to include an examination of the claims set forth in the verified petition.

7.16.6.3 Upon the receipt of the results of the DGE investigation, the Lottery Commission may summarily deny the petition or may grant the petition and direct that a hearing be held. The Lottery Commission shall grant the petition only upon a finding that there is new evidence which is material and necessary, or that circumstances have changed since the placement of the excluded person on the list, and that there would be a reasonable likelihood that the Lottery Commission would alter its previous decision.

7.16.6.4 Any excluded person who is barred from requesting a hearing concerning his or her removal from the list by subsection 7.16.6.1 may petition the Lottery Commission for early consideration at any time; provided, however, that no excluded person may, within the 5-year period of exclusion, file more than 1 such petition. Such petition shall be verified, with supporting affidavits, and shall state with particularity any grounds upon which exclusion was based, and the facts and circumstances which warrant the relief sought. Upon receipt of such petition, the Lottery Commission shall request the DGE to update its previous investigation of the excluded person, including but not limited to an examination of the claims set forth in the verified petition. Upon the receipt of the results of the DGE investigation, the Lottery Commission may summarily deny the petition or may grant the petition and direct that a hearing be held. The Lottery Commission shall grant the petition only upon a finding that there exist extraordinary facts and circumstances warranting early consideration of the excluded person's request for removal from the list.

7.17 Forfeiture of Winnings by Prohibited Person

7.17.1 If any prohibited person obtains any money or thing of value ("winnings") from gaming activity in a video lottery facility, the prohibited person shall forfeit the winnings and shall not transfer them to anyone else.

7.17.2 Within 30 days after a prohibited person forfeits any winnings, the prohibited person may request a hearing from the Director. Failure to demand a hearing within the time allotted in this subsection precludes the prohibited person from having an administrative hearing, but in no way affects his right to petition for judicial review.

7.17.3 Upon receiving a written demand for a hearing, the Director or his designee shall set a time and place for the hearing. This hearing must be held not later than30 days after the Director receives the written demand, unless the time of the hearing is changed by the Director or his designee, with the agreement of the prohibited person. At the hearing, the prohibited person shall have the obligation to demonstrate by clear and convincing evidence that the forfeiture determination was in error.

7.17.4 If, upon completion of the hearing, the Director or his designee determines that the prohibited person has met that person's burden of proof, the Director will enter an order to that effect. The Director or his designee will then send a copy of the written notice to the agent and direct it to distribute the winnings to the prohibited person. If, however, upon completion of the hearing, the Director or his designee finds that the prohibited person has not met their burden of proof, the Director or designee will enter an order to that effect, and the winnings will remain in forfeiture.

7.17.5 If the prohibited person fails to file a timely written request for a hearing or loses a hearing on the forfeiture decision and 60 days have passed, the forfeited winnings shall be forwarded to the lottery office and will be sent to the Delaware Department of Health and Social Services, Division of Substance Abuse and Mental Health to be applied to funding programs for the treatment, education and assistance of compulsive gamblers and their families.

7.18 Promotional Video Lottery Tournaments

7.18.1 The lottery office will be solely responsible for the procurement of any modified video lottery terminals ("Promotional Tournament Terminals") to be used by an agent for promotional tournaments. A Promotional Tournament Terminal will be modified so that at a minimum, it does not contain any bill acceptor, coin acceptor, or hopper. A blank plate must replace the bill acceptor or coin acceptor on the Promotional Tournament Terminal.

7.18.2 If an agent wishes to obtain Promotional Tournament Terminals, the agent must submit a written request to the lottery office. Under 29 Del.C. § 4820(b), agents may have a maximum of 30 video lottery machines used exclusively for promotional tournaments in which players are not required to pay any fee to participate. Agents must send to the lottery office a request for a promotional tournament on a Promotional Tournament Request Form that the lottery office will make available. Any request to hold a promotional tournament must contain the following:

7.18.2.1 The number of Promotional Tournament Terminals requested;

7.18.2.2 A description of the location where the Promotional Tournament Terminal will be stored or installed on the agent's premises; and

7.18.2.3 A description of the agent's security plan for the Promotional Tournament Terminals when they are in storage and when they are being used for promotional tournaments.

7.18.3 The lottery office with lease or purchase Promotional Tournament Terminals and provided these to the agents to use for promotional tournaments.

7.18.4 An agent may store the Promotional Tournament Terminals in a secure, locked room when the machines are not being used for approved promotional tournaments. The locked storage area must be under surveillance at all times. The storage area must be approved by the lottery office. The agent must control access to the locked storage area that holds the Promotional Tournament Terminals. The agent's security team will maintain and control the key to this area with a sign-in and sign-out log. If an agent installs Promotional Tournament Terminals on a permanent basis on its gaming floor, the Promotional Tournament Terminals will be subject to the lottery office's minimum standards for security, and the terms of these regulations. Promotional Tournament Terminals will be available only during scheduled tournaments approved by the lottery office.

7.18.5 All Promotional Tournament Terminals located at an agent's gaming facility must have the same CPU lock. This lock must be different than the locks used on other video lottery terminals in the State of Delaware. In addition, the DGE will maintain the CPU keys, unless the lottery office otherwise directs.

7.18.6 After the independent laboratory designed by the lottery office conducts its standard review and gives its approval, all EPROM chips and programming disks must be sent to the lottery office to be certified for use in promotional tournament games, unless otherwise directed by the lottery office. EPROM chips will be taped when installed in the Promotional Tournament Terminals under the supervision of the lottery office. The lottery office and members of the DGE will be the only persons permitted to access the logic area and chips of the Promotional Tournament Terminals, unless otherwise directed by the lottery office.

7.18.7 Any agent who wishes to conduct a promotional tournament using the Promotional Tournament Terminals must first obtain the approval of the lottery office. The agent must complete a Promotional Tournament Request Form that will be available from the lottery office. The Promotional Tournament Request Form will require, at a minimum, the following:

7.18.7.1 The date(s) and time(s) when the tournament will be held;

7.18.7.2 The rules for the tournament;

7.18.7.3 The location of the tournament; and

7.18.7.4 Security and surveillance arrangements for the tournament.

7.18.8 The play area for Promotional Tournament Terminals must comply with the normal game security and surveillance requirements for all other video lottery machines under these regulations. If the lottery office approves an agent's request to conduct promotional tournaments, that approval will also constitute approval for the movement of any Promotional Tournament Terminals.

7.18.9 Agents shall not hold any promotional tournaments until after the lottery office has reviewed and approved the agent's Promotional Tournament Request Form and distributed copies of the completed form to the appropriate parties.

10 Del. Admin. Code § 203-7.0

22 DE Reg. 500 (12/1/2018)
28 DE Reg. 386 (11/1/2024) (Final)