Delaware Charitable Gaming Board Licenses Bingo and Raffles

Delaware's general gambling ban sits in Del. Const. art. II, and §§ 17A and 17B carve out the narrow exception this chapter regulates. The Delaware Board of Charitable Gaming, five members including the State Lottery Office director, a nonprofit representative, a firefighter, and two public members serving staggered 5-year terms, exists "to protect the public through the regulation of activities which involve charitable gaming" (28 Del. C. § 1505). Under § 1507 the Board grants or denies license applications, investigates through the Division of Professional Regulation, adopts binding regulations, and imposes penalties for noncompliance.

Only a "veterans', religious or charitable organization, volunteer fire company or fraternal society" as defined in the state Constitution can hold a license (§ 1502). The Board licenses three game types: bingo, instant or sealed (pull-tab) games, and charitable gambling generally. A permit or license costs $15 for each occasion bingo or charitable gambling is conducted, though the Board may waive the fee for no-profit recreational games with prizes capped at $5 per game (§ 1514).

Session rules are specific: games cannot start before 12:00 p.m., a session is capped at 6 consecutive hours except as regulations allow, and nothing may run past 1:00 a.m. (§ 1520). Prizes are capped at $350 for any single game and $3,000 in aggregate per occasion, with promotional giveaways limited to $500 a year plus three holiday dates, and non-cash inducements capped at 15% of other prizes offered (§ 1525). Games cannot be held where alcohol is sold or served during play, and pre-July 14, 1998 permit holders are capped at 10 events monthly while newer permit holders get one event a week (§ 1526).

No one under 18 may be in the area where a game is played, though 16- and 17-year-olds may assist and 14-year-olds may serve refreshments (§ 1526). Participants in a properly licensed game are immune from prosecution under Delaware's general anti-gambling statutes, an immunity that does not extend to anyone knowingly running or playing in an unlicensed game (§ 1522).

The Board can suspend or revoke a license after a hearing for violating this chapter or its regulations (§ 1523). It may fine a licensee up to $1,000 per violation, fine a third-party or charitable gaming vendor up to $5,000 per violation, and enjoin a vendor from working with any organization. Running a gaming event without a permit draws a separate fine of up to $1,000, and immunity from Delaware's general anti-gambling laws does not cover it.