Rules and Regulations
DELAWARE STATE LOTTERY OFFICE VIDEO LOTTERY REGULATIONS
Effective December 31, 2007
1.0 Introduction
2.0 Definitions
3.0 Licensing of Agents; Business Plans
4.0 Licensing of Technology Providers
5.0 Technology Providers: Contracts; Requirements; Duties
6.0 Agents: Duties
7.0 Game Requirements
8.0 Accounting and Distribution Procedures
9.0 Maintenance of VideoLottery Machines
10.0 Transportation, Registration, and Location of Video Lottery Machines
11.0 Standards for Advertising, Marketing and Promotional Materials
12.0 Foregoing Video Lottery Opportunities
13.0 Enforcement
14.0 Employee Licensing Procedure
15.0 Severability
1.0 Introduction
These regulations are authorized pursuant to 29 Del. C. §4805 of
Title 29 of the Delaware Code. Video lottery operations in the
State of Delaware are strictly regulated by the Delaware State Lottery
Office through the powers delegated to the Director of the Lottery pursuant
to Title 29 of the Delaware Code.
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2.0 Definitions
The following words shall be accorded these meanings:
"agency" - the Delaware State Lottery Office created pursuant
to 29 Del. C. Ch. 48.
"agent" or "licensed agent" or "licensed video
lottery agent" - any person licensed by the Director of the agency
to conduct video lottery operations.
"applicant" - any person applying for a license authorized
under these regulations.
"background investigation" - the security, fitness and background
checks conducted of an applicant.
"business plan" - a document containing information regarding
video lottery operations as may be required by the Director.
"credit slip" - the receipt issued from a video lottery machine
for payment of credits by an agent.
"central system" - the hardware, software and network components,
which link and support all required video lottery machines and the central
site.
"central system provider" - 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" - the location where the central video lottery
communications control systems shall be located.
"certification" - 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.
"credit" - the opportunity provided to a player to play a video
game or redeem the credit for cash.
'Director" - the Director of the Delaware State Lottery Office as
established by Title 29 of the Delaware Code.
"elector" - any person who, under 29 Del. C. §4821, decides
not to become an agent.
"key employee" - an individual employee, person or agent of
an applicant or licensee who has the power to exercise significant influence
over significant decisions concerning the applicant's or licensee's business.
"kind, type and number" - the generic varieties of video lottery
machines that may be selected for installation, and the quantities in
which they may be installed.
"license" - the authorization granted by the agency which permits
an applicant to engage in defined video lottery activities as an agent
or technology provider; and authorization granted by the agency which
permits an applicant to perform employment duties as a key employee or
video lottery operations employee.
"license application" - the process by which a person requests
licensing for participation in the video lottery operations.
"licensee" - any person authorized by the Director to participate
in video lottery operations.
"lottery" - the public gaming system or games established and
operated by the Delaware State Lottery Office.
"maximum wager limit" - the maximum amount that can be wagered
on a single play on any single video game event outcome, as determined
by the Lottery Director from time to time.
"MEAL" - a written machine entry authorization log stored inside
the video lottery machine.
"net proceeds" - the total amount of credits or cash played
less the total amount of credits or cash won by the players. "Net
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
proceeds.
"owner" - a person who owns, directly or indirectly, ten percent
or more of an applicant or licensee.
"person" - an individual, general partnership, limited partnership,
corporation or other legal entity.
"player" - an individual who plays a video lottery machine.
"premises" - the building and grounds occupied by a licensed
agent where the agent's 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 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 video
lottery operations. The boundaries of the premises will be delineated
on the floor plan in an agent's business plan.
"request for proposals and qualifications" - a document developed
under the direction of the Delaware State Lottery Office for the purpose
of soliciting responses from potential technology providers as a means
of acquiring bids for goods or services.
"service technician" - any person who performs service, maintenance
and repair operations on video lottery machines.
"technology provider" - any person or entity, including video
lottery manufacturers who propose to contract a video lottery agent or
the agency for the provision of goods or services, including management
services, related to video lottery operations, the provision of which
requires a license pursuant to 29 Del. C. Ch. 48.
"terminal" - a gaming device linked to the central system as
part of the video lottery operations.
"video game" - 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" - the result of a video game achieved
by a player at a video lottery machine.
"video lottery" - any lottery conducted with a video lottery
machine or linked video lottery machines with an aggregate progression
prize or prizes.
"video lottery machine" - 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 and immediately
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
(i) the use of an electronic credit system making the deposit of bills,
coins, or tokens unnecessary, or (ii) the fact that the video lottery
machine has employed dual function terminal technology.
"video lottery operations employee" - an individual employee,
person or agent of an applicant or licensee who is responsible for the
security of video lottery machines, or responsible for handling video
lottery machine proceeds, or is otherwise employed in a position that
allows direct access to the internal workings of video lottery machines.
"VLEU"- the Video Lottery Enforcement Unit of the Delaware
State Police.
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3.0 Licensing of Agents; Business Plans
3.1. Any applicant desiring to obtain a license to act as an agent shall
apply to the agency on forms specified by the Director from time to time.
Application forms shall require the applicant to provide the following,
without limitation:
3.1.1 The applicant's legal name, form of entity (e.g., general or
limited partnership, corporation), the names, addresses, employer identification
or social security numbers (if applicable) and dates of birth (if applicable)
of its directors, officers, partners, owners, and key employees and video
lottery operations employees.
3.1.2 A description of the applicant's organizational structure.
3.1.3 With respect to any persons named in subparagraph 3.1.1 that are
not individuals, the names, addresses, social security numbers, and birth
dates of all individuals who are directors, officers, owners, partners,
key employees, or video lottery operations employees of any such persons.
3.1.4 The percentages of shares of stock, if any, held by each person
named in subparagraph 3.1.1 or subparagraph 3.1.3 above. The Director
may, at his or her discretion, cause periodic reexamination of the percentage
of shares held by persons subject to such disclosures under these regulations.
3.1.5 The names of all persons principally involved in the original creation
of the applicant's enterprise.
3.1.6 The names, if any, and addresses, social security numbers, and dates
of birth of any person who is or was a director, officer, owner, partner,
key employee, or video lottery operations employee of the applicant who
has been charged with or convicted of a felony, a crime involving gambling,
or a crime of moral turpitude.
3.1.7 Certified copies of the applicant's charter, articles of incorporation,
partnership agreement, and other documents which constitute or explain
the legal organization of the applicant.
3.1.8 The name, address, social security or employer identification number
and date of birth of the record owner of the premises or the property
upon which the premises are located or, if the applicant is not the sole
owner of the premises or property, the information required by subparagraph
3.1.1 above with respect to all persons having an ownership interest in
the premises or property and copies of all agreements pursuant to which
the applicant occupies the premises or property, as well as copies of
all documents relating to the premises or property including, without
limitation, all mortgages, deeds of trust, bonds, debentures, pledges
of corporate stock and voting trust agreements, but excluding easements;
utility agreements; subdivision and plot plans; and, for the period prior
to three years before the filing of the application, deeds in the chain
of title and satisfied mortgages.
3.1.9 The information required by subparagraph 3.1.1 above as to any operator
of any business conducted by such applicant and any other contractor (which
is not a publicly traded entity) utilized by such applicant which has
received compensation from such applicant in excess of $50,000 in any
of the three (3) preceding fiscal years together with a copy of all agreements
between such applicant and such operator or contractor and a statement
of all compensation paid to such operator or contractor during said three-year
period.
3.1.10 Copies of the applicant's audited financial statements for the
preceding three (3) fiscal years and a copy of internally prepared financial
statements for the current fiscal year as at the close of the most recent
fiscal quarter.
3.1.11 Copies of the applicant's State and Federal tax returns for a period
of three (3) fiscal years.
3.1.12 Copies of the declaration pages of all insurance policies insuring
the applicant or the premises.
3.1.13 The information required by subparagraph 3.1.1 above as to the
ten (10) largest unsecured creditors which are not publicly traded entities
or accounting firms or legal firms of the applicant who are owed more
than $25,000 by the applicant for a period in excess of sixty days.
3.1.14 Disclosure regarding the applicant or any other persons identified
in subparagraphs 3.1.1 or 3.1.3 who were rejected for any gambling or
gaming license or permit in any other jurisdiction.
3.1.15 Any and all other information as the Director may require to determine
the competence, honesty and integrity of the applicant as required by
Title 29 of the Delaware Code.
3.2. The application, as well as other documents submitted to the agency by
or on behalf of the applicant for purposes of determining the qualifications
of the applicant or agent, shall be sworn to or affirmed before a notary
public. If any form or document is signed by an attorney for the applicant,
the signature shall certify that the attorney has read the forms or documents
and that, to the best of his or her knowledge, information and belief,
based on diligent inquiry, the contents of the form or documents so supplied
are true.
3.3. Upon request of the agency, the applicant shall supplement the information
provided in the application form as deemed necessary by the agency. The
applicant shall furnish all information, including financial data and
documents, certifications, consents, waivers, individual history forms,
tax returns, cancelled checks or other materials required or requested
by the agency for purposes of determining the qualifications of the applicant
or agent.
3.4. To the extent, if any, that the information supplied in the application
or otherwise supplied by the applicant or on the applicant's behalf, becomes
inaccurate or incomplete, the applicant shall so notify the agency in
writing as soon as it is aware that the information is inaccurate or incomplete,
and shall at that time supply the information necessary to correct the
inaccuracy or incompleteness of the information.
3.5. The applicant shall cooperate fully with the agency and the VLEU with
respect to its background investigation of the applicant. Among other
things, the applicant, upon request, shall make available any and all
of its books or records for inspection by the agency or the VLEU.
3.6. The applicant shall submit with the application a proposed business plan
for the conduct of video lottery operations. Such plan shall be submitted
in conformity with a separate form specified and supplied by the agency.
The plan shall include, without limitation, the following items: a floor
plan of the area to be used for video lottery operations; an advertising/marketing
plan; the proposed placement of video lottery machines on the premises;
the kind, type and number of video lottery machines proposed, provided
however that the name of the manufacturer(s) of such machines shall not
be included; money control procedures; a security plan; a staffing plan
for video lottery operations; accounting and tax compliance procedures;
and the method to be utilized for prize payments. The plan shall provide
the details of any progressive jackpot games and shall provide for an
escrow account or escrow accounts to be established and maintained in
accordance with instructions provided by the agency for the purpose of
holding in reserve large or progressive prizes yet to be won by players.
The plan shall propose the use of video lottery machines such that a reasonable
number of competitor manufacturers would be able to supply such machines.
The specification of the kind, type and number of the video lottery machines
in the business plans shall make clear whether or not the devices are
video versus spinning reel; coin-in/coin-out versus coin-in/credit-out,
etc. The plan shall also propose the generic games to be played on the
devices (e.g., video poker, keno, bingo, blackjack, line-up games). The
plan shall provide for payment for payout from video lottery machines
such that the payouts shall not be less than 87% on an annual average
basis, and shall otherwise comport with the requirements contained at
29 Del. C. §4805(a)(15).
3.7. As soon as the agency has determined that the application is complete,
it shall forward same to the VLEU which shall, as soon as practicable,
undertake and complete the background investigation of the applicant,
its officers, directors, partners, owners and key employees, video lottery
operations employees and report its findings to the agency.
3.8. The Director shall weigh the following factors in his or her evaluation
of the application:
3.8.1 Whether the applicant satisfies the requisites of 29
Del. C. §4805(b)(13) as that section pertains to the holding of either
a horse racing meet or a harness racing meet.
3.8.2 The criminal background, if any, of the applicant, or any of its
officers, directors, partners, owners, key employees, and video lottery
operations employees. No license shall be issued to any applicant if any
of the persons identified in this subsection have been convicted, within
10 years prior to the filing of the application, of any felony, a crime
of moral turpitude or a crime involving gambling.
3.8.3 The extent to which, if any, the applicant would be subject to the
control or influence of its activities by any person having a financial
interest pertaining to the applicant, including a mortgage or other lien
against property of the applicant or, who in the opinion of the agency,
might otherwise influence its activities. In such case the Director shall
consider the character, honesty and integrity of whoever has the ability
to control or influence the activities of the applicant.
3.8.4 The degree to which the applicant has demonstrated its ability to
finance the proposed video lottery operations, as well as the source of
such financing.
3.8.5 The degree to which the applicant has supplied accurate and complete
information pursuant to the requirements of these regulations.
3.8.6 Whether the applicant holds a license as a technology provider.
An agent license shall not be granted to an applicant who is an owner
of a technology provider.
3.8.7 Whether the applicant has demonstrated the business ability and
experience necessary to satisfactorily conduct the video lottery operations.
3.8.8 The extent to which the applicant has cooperated with the agency
and the State Police in connection with the background investigation.
3.8.9 Whether the person, or any of its officers, directors, partners,
owners, key employees, or video lottery operations employees are known
to associate with persons of nefarious backgrounds or disreputable character
such that the association could adversely affect the general credibility,
security, integrity, honesty, fairness or reputation of the lottery.
3.8.10 With respect to any past conduct which may adversely reflect upon
the applicant, the nature of the conduct, the time that has passed since
the conduct, the frequency of the conduct and any extenuating circumstances
that affect or reduce the impact of the conduct or otherwise reflect upon
the applicant's fitness for the license.
3.8.11 The extent, if any, to which the applicant has failed to comply
with any applicable tax laws of the federal, state or local governments.
3.8.12 The adequacy of the applicant's business plan, as it reflects on
the applicant's competency or capability to conduct video lottery operations
in conformance with the requirements of these regulations.
3.8.13 Any other information before the Director, including substantially
similar background investigations performed by other agencies or jurisdictions,
which relates to the applicant's competency, financial capability, honesty,
integrity, reputation, habits, or associations.
3.9. A license shall be issued to the applicant if the Director is satisfied,
upon consideration of the factors specified in subsection 3.8, that the
applicant would be a fit agent and not pose a threat to the public interest,
the reputation of the lottery, or the effective control of the lottery.
3.10. The approval of any license or the renewal of a license to an agent is
subject to the following conditions:
3.10.1 Operation pursuant to a license issued under these regulations shall
signify agreement by the agent to abide by all provisions of the regulations,
including those contained in this section.
3.10.2 The agent shall at all times make its premises available for inspection
by authorized representatives of the agency or the VLEU personnel, on
a 24-hour unannounced basis. The VLEU shall be authorized entry to the
premises and access to any video lottery machines or records of the agent
without acquiring a warrant.
3.10.3 The agent and any entity owned by the agent in which the agent
has a controlling ownership interest shall consent in writing to the examination
of all accounts, bank accounts, and records under the control of the agent
or the owned entity; and, upon request of the agency, shall authorize
all third parties in possession or control of the said documents to allow
the agency to examine such documents.
3.10.4 To the extent permitted by law, an agent accepts all risks of adverse
public notice, embarrassment, criticism, damages, or financial loss which
may result from any disclosure or publication of material or information
supplied to the agency in connection with the application for the agent's
operations.
3.10.5 An agent shall immediately notify the agency of any proposed or
effective change regarding the makeup of the owners, directors, officers,
partners, or key employees of the agent.
3.10.6 The agent shall certify by a sworn notarized statement that it
has not entered and does not intend to enter into any joint venture, partnership
or teaming agreement in order to fulfill its obligations in connection
with the video lottery operations; that it is not acting as a distributor
of products manufactured by another entity; and that it has not entered
and does not intend to enter into any agreement whereunder the proceeds
generated by any agreement between the agent and the agency would be shared
with one or more other persons. Provided, however, that an agent may enter
into a management agreement with a third-party, who is not licensed under
these regulations as a technology provider, for the operation of the lottery
on the agent's premises provided that: (1) the proposed management agreement
is provided to and approved by the agency, and (2) the third-party complies
with all these regulations which apply to agents, including without limitation
the licensure requirements.
3.11.Any license granted may not be transferred, assigned or pledged as collateral.
A change of ownership which occurs after the Director has issued a license
shall automatically terminate the license ninety (90) days thereafter.
Provided, however, that the Director may issue a license to the new owner
if satisfied, after the submission of an application that the new owner
has met the requirements contained in 29 Del. C. §4806(a)(1-4), as
well as the fitness and background standards contained in such law and
these regulations. In the case of a death of an owner, the estate of such
owner shall be deemed to have met the requirements of §4806(a)(1-4)
for a period of one year following such death without the need for submitting
an
application, and, thereafter, need only supply such additional information
as the Director may request. In the case of a shift in equity positions
of owners, or a transfer among owners, notice shall be given the Director,
but the license shall not terminate so long as no new owner is created
or results. An agent may also seek approval of a proposed change in ownership
prior to the actual change.
3.12. If the Director proposes to deny a license application and the agency
is subject to the requirements contained in subchapter IV of 29 Del. C.
chapter 101, the agency shall first give written notice to the applicant
of the intended action, the reasons therefore, and the right to a hearing
as provided for in 29 Del. C. chapter 101.
3.13. At the time of issuance of the license or thereafter, in the Director's
sole discretion, the Director may approve the proposed business plan of
the applicant or the agent. If the Director determines that an amendment
or amendments to the plan are necessary to increase revenues from the
video lottery, protect the public welfare or ensure the security of the
video lottery, he or she may amend the plan accordingly. An agent may
request an amendment to an approved business plan, which proposed amendment
shall be subject to the approval of the Director.
3.14. To the extent provided by law, any information obtained pursuant to this
Section 3 shall be held in confidence and not subject to the Delaware
Freedom of Information Act, 29 Del. C. chapter 100.
3.15. To the extent provided by law, any information obtained
pursuant to this Section 3 shall be held in confidence and not
subject to the Delaware Freedom of Information Act, 29 Del. C.
chapter 100.
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4.0 Licensing of Technology Providers
4.1.As deemed necessary, the Director shall give public notice of the agency's
intent to select technology providers of video lottery machines through
a request for proposal and qualifications by advertising in a newspaper
of general circulation in Delaware and in a prominent trade publication
requesting expressions of interest to serve as a technology provider.
The licensing of a technology provider shall not serve as the basis of
requiring the Director to select the technology provider under the procurement
procedures set forth in Chapter 69 of Title 29 of the Delaware Code.
4.2. Each person desiring to obtain a license from the agency as a technology
provider shall submit a license application on a form specified and supplied
by the agency. Any person or entity, including video lottery manufacturers,
who proposes to contract with a video lottery agent or the Lottery for
the provision of goods or services, including management services, related
to video lottery operations, must obtain a technology provider license
pursuant to these Video Lottery Regulations. The license application shall,
among other things:
4.2.1 Give notice that the applicant will be required to submit to a background
investigation, the cost of which must be borne by the applicant.
4.2.2 Require the applicant to supply specified information and documents
related to the applicant's fitness and the background of its owners, partners,
directors, officers, key employees, and video lottery operations employees,
including but not limited to copies of financial statements, tax returns,
insurance policies, and lists of creditors.
4.2.3 Require the applicant to disclose the identity of all customers
to whom it has furnished video games or other gambling equipment or technology
within the three years immediately preceding the date of the application.
4.2.4 Require the applicant to list all persons with whom the applicant
has a communications protocol agreement.
4.2.5 Require the applicant to disclose whether the applicant, or any
of its present or former officers, directors, owners, partners, key employees,
or video lottery operations employees, is or has been the subject of an
investigation in another jurisdiction, the nature of the investigation,
and the outcome, if any, of such investigation.
4.2.6 Provide a description of the means by which the applicant exercises
security and financial control over the activities of service technicians
in order to insure the integrity of video lottery operations.
4.2.7 Require the applicant to disclose its legal name, form or entity
(e.g., general or limited partnership, corporation), the names, addresses,
social security numbers and dates of birth of its directors, officers,
partners, owners, key employees and video lottery operations employees.
4.2.8 Require the applicant to disclose the names and addresses of individuals
who have been authorized by the applicant to engage in dealings with the
agency for purposes of representing the interests of the applicant.
4.2.9 Require the applicant to enclose copies of its audited financial
statements for the preceding three (3) fiscal years and a copy of internally
prepared financial statements for the current fiscal year or at the close
of the most recent fiscal quarter.
4.2.10 Require the applicant to provide a description of its engineering
and software development resources, technical support capabilities and
ability to manufacture and deliver the video lottery machines.
4.2.11 Require persons who are proposing to contract with the agency or
a video lottery agent to provide a copy of their contract proposal.
4.3. Upon request, the applicant shall supplement the information provided
in the application form as deemed necessary by the Director.
4.4. To the extent, if any, that the information in the application or the
supplemental information provided by the applicant becomes inaccurate
or incomplete, the applicant shall so notify the agency in writing as
soon as it is aware that the information is inaccurate or incomplete,
and shall at that time supply the information necessary to make the application
or supplementary information accurate and complete.
4.5. The applicant shall cooperate fully with the agency and the Delaware State
Police VLEU in any background investigation of the applicant.
4.6. The applicant, upon request of the agency or the Delaware State Police
VLEU, shall make any and all of its books and records available for inspection
by the agency or the Delaware State Police VLEU. Provided, however, that
any information obtained pursuant to this subsection shall, to the extent
provided by law, be held in confidence and not subject to the Delaware
Freedom of Information Act.
4.7. As soon as the agency has determined that the application form is
complete and that the applicant is otherwise qualified, it shall forward
the same to the Delaware State Police VLEU which shall conduct as soon
as practicable a background investigation of the applicant, its officers,
partners, owners, directors, key employees, and video lottery operations
employees, and report its findings to the agency.
4.8. Notwithstanding any other provision contained herein to the contrary,
the Director may determine, upon review of the licensing standards of
another state, that such standards are so comprehensive, thorough, and
provide similar adequate safeguards, that the license of an applicant
in such other state precludes the necessity of a full application and
background check. In such case, the Director shall require a limited application
and background check, as determined by the Director in his sole discretion,
as are necessary to assure that the applicant is fit for the license and
does not pose a threat to the public interest of the State or to the reputation
of or effective regulation of the video lottery.
4.9. In evaluating applications, the Director shall consider:
4.9.1 Whether the applicant has demonstrated an ability to interface its
technical capabilities with the selected central system and that it has
the resources, experience and ability necessary to manufacture, deliver,
install and service such number of video lottery machines as it may be
required to supply under a contract with the agency.
4.9.2 Any past conduct of the applicant, or any of its present or former
officers, directors, partners, owners, key employees, or video lottery
operations employees which may adversely reflect upon the applicant, the
nature of the conduct, the time that has passed since the conduct, the
frequency of the conduct and any extenuating circumstances that affect
or reduce the impact of the conduct or otherwise reflect upon the applicant's
fitness for the license. No license shall be issued to any applicant if
any of the persons identified in this subsection have been convicted,
within ten years prior to the filing of the application, of any felony,
a crime of moral turpitude or a crime involving gambling.
4.9.3 Any findings provided by the Delaware State Police VLEU following
its background investigation.
4.9.4 The extent, if any, to which the applicant has failed to comply
with any applicable tax laws of the Federal, State or local governments.
4.9.5 The association of the applicant, or any of its officers, directors,
owners, partners, key employees, or video lottery operations employees
with persons of known criminal background or persons of disreputable character,
that may adversely affect the general credibility, security, integrity,
honesty, fairness or reputation of video lottery operations.
4.9.6 Any other information supplied in connection with the application,
including substantially similar background investigations performed by
other agencies or jurisdictions, which relates to the applicant's competence,
financial capability, honesty, integrity, reputation, habits, or associations.
4.9.7 The degree to which the applicant has supplied accurate and complete
information pursuant to the requirements of these regulations.
4.10. A license shall not be issued to a technology provider if the applicant
technology provider has any direct or indirect financial interest in an
agent licensee or the real or personal property of an agent licensee.
4.11. A license shall be issued to the applicant if the Director is satisfied,
upon consideration of the factors specified in subsection 4.9, that the
applicant would be a fit technology provider and not pose a threat to
the public interest, the reputation of the lottery or to the effective
control of the lottery.
4.12. An applicant for a technology provider's license shall, prior to issuance
of the license, post a bond or irrevocable letter of credit in a manner
and in an amount established by the agency. Any such bond shall be issued
by a surety company authorized to transact business in Delaware and said
company shall be approved by the State Insurance Commissioner as to solvency
and responsibility.
4.13. . The agency, with the assistance of the VLEU, may require licensed technology
providers to annually update information submitted with their initial
license application.
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5.0 Technology Providers: Contracts; Requirements; Duties
5.1. The Director shall, pursuant to the procedures set forth in chapter
69 of title 29 of the Delaware Code, enter into contracts with licensed
technology providers as he or she shall determine to be appropriate, pursuant
to which the technology providers shall furnish by sale or lease to the
State video lottery machines in such numbers and for such video games
as the Director shall approve from time to time as necessary for the efficient
and economical operation of the lottery, or convenience of the players,
and in accordance with the agents' business plans as approved and amended
by the Director. No more than 1,000 video lottery machines shall be located
within the confines of an agent's premises unless the Director approves
up to an additional 1,500 machines or other number approved by the Director
as permitted by law.
5.2 All contracts with technology providers who are video lottery machine
manufacturers shall include without limitation, provisions to the following
effect:
5.2.1 The technology provider shall furnish a person to work with the
agency and its consultants to provide assistance as needed in establishing,
planning and executing acceptance tests on the video lottery machines
provided by such technology provider. Technology provider assistance shall
be provided as requested by the agency in troubleshooting communication
and technical problems that are discovered when video lottery machines
are initially placed at the agent's site;
5.2.2 The technology provider shall submit video lottery machine illustrations,
schematics, block diagrams, circuit analysis, technical and operation
manuals, program source code and object code and any other information
requested by the Director for purposes of analyzing and testing the video
lottery machines. A maximum of one-hundred dollars ($100) shall be permitted
for wagering on a single play of any video game except that the Director
pursuant to Regulation 7.3 may authorize play on a video lottery machine
in excess of the $100 maximum bet limit;
5.2.3 For testing, examination and analysis purposes, the technology provider
shall furnish working models of video lottery machines, associated equipment,
and documentation at locations designated by the Director. The technology
provider shall maintain the current software and video lottery machines
in good working order acceptable to the agency. The technology provider
shall pay all costs of any testing, examination, analysis and transportation
of the video lottery machines, which may include the entire dismantling
of the machines and some tests that may result in damage or destruction
to one or more electronic components of the machines. The agency and its
agents shall have no liability for any damage or destruction. The agency
may require that the technology provider provide specialized equipment
or the agency may employ the services of an independent technical laboratory
expert to test the video lottery machine at the technology provider's
expense;
5.2.4 Technology providers shall submit all hardware, software, and test
equipment necessary for testing of their video lottery machines, and shall
provide the Director with keys and locks subject to the Director's specifications
for each approved video lottery machine;
5.2.5 The EPROMs, CDs, or other equivalent technology of each video lottery
machine shall be certified to be in compliance with published specifications;
5.2.6 No video lottery machine shall be put into use prior to certification
of its model by the Director.
5.3 All contracts with technology providers shall include without limitation,
provisions to the following effect;
5.3.1 Technology providers shall agree to promptly report any violation
or any facts or circumstances that may result in a violation of these
rules; provide immediate access to all its records and its physical premises
for inspection at the request of the Director; attend all trade shows
or conferences as required by the Director;
5.3.2 Technology providers shall agree to modify their hardware and software
as necessary to accommodate video game changes directed by the agency
from time to time;
5.3.3 Technology providers shall provide such bonds and provide evidence
of such insurance as the Director shall require from time to time and
in such amounts and issued by such companies as the Director shall approve;
and
5.3.4 Technology providers shall have a valid license to conduct business
in the State of Delaware, shall comply with all applicable tax provisions,
and shall in all other respects be qualified to conduct business in Delaware.
5.4. Each video lottery machine certified by the Director shall bear
a unique serial number and shall conform to the exact specifications of
the video lottery machine model tested and certified by the Director.
5.5. Technology providers shall hold harmless the agency, the State of
Delaware, and their respective employees for any claims, loss, cost, damage,
liability or expense, including, without limitation, legal expense arising
out of any hardware or software malfunction resulting in the wrongful
award or denial of credits or cash.
5.6. A technology provider shall not distribute a video lottery machine
for placement in the state unless the video lottery machine has been approved
by the agency. Only licensed technology providers may apply for approval
of a video lottery machine or associated equipment. The technology provider
shall submit two copies of video lottery machine illustrations, schematics,
block diagrams, circuit analysis, technical and operation manuals, program
source code and object code, and any other information requested by the
agency for purposes of analyzing and testing the video lottery machine
or associated equipment.
5.7. The agency may require that two working models of a video lottery
machine be transported to the location designated by the agency for testing,
examination, and analysis. The technology provider shall pay all costs
of testing, examination, analysis and transportation of
such video lottery machine models, which may include the entire dismantling
of the video lottery machine and tests which may result in damage or destruction
to one or more electronic components of such video lottery machine model.
The agency may require that the technology provider provide specialized
equipment or the services of an independent technical expert in testing
the terminal.
5.8. After each test has been completed, the agency shall provide the
video lottery machine technology provider with a report that contains
findings, conclusions, and pass/fail results. Prior to approving a particular
video lottery machine model, the agency may require a trial period not
in excess of sixty (60) days for a licensed agent to test the video lottery
machine. During the trial period, the technology provider may not make
any modifications to the video lottery machine model unless such modifications
are approved by the agency.
5.9. The technology provider is responsible for the assembly and initial
operation, in the manner approved and licensed by the agency, of all its
video lottery machines and associated equipment. The technology provider
may not change the assembly or operational functions of any of its video
lottery machines approved for placement in Delaware unless a "request
for modification to an existing video lottery machine prototype"
is made to the agency, that request to contain all appropriate information
relating to the type of change, reason for change, and all documentation
required. The agency must approve such request prior to any changes being
made, and the agency shall reserve the right to require second testing
of video lottery machines after modifications have been made.
5.10. Each video lottery machine approved for placement in a licensed
agent's place of business shall conform to the exact specifications of
the video lottery machine prototype tested and approved by the agency.
Any video lottery machine which does not so conform shall be disconnected
from the Delaware video lottery system until compliance has been achieved.
Each video lottery machine shall at all times operate and be placed in
accordance with the provisions of these regulations.
5.11. The following duties are required of all licensed technology providers,
without limitation:
5.11.1 Manufacture terminals and associated equipment for placement in
Delaware in accordance with the specifications of the agency.
5.11.2 Manufacture terminals and associated equipment to ensure timely
delivery to licensed Delaware agents.
5.11.3 Maintain and provide an inventory of associated equipment to assure
the timely repair and continued, approved operation and play of licensed
video lottery machines acquired under the contract for placement in Delaware,
provided further that said equipment will be maintained at a Delaware
storage facility or warehouse.
5.11.4 Provide an appropriate number of service technicians with the appropriate
technical knowledge and training to provide for the service and repair
of its licensed video lottery machines and associated equipment so as
to assure the continued, approved operation and play of those licensed
video lottery machines acquired under contract for placement in Delaware.
5.11.5 Obtain any certification of compliance required under the applicable
provisions of rules adopted by the Federal Communications Commission.
5.11.6 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 adopted pursuant thereto.
5.11.7 Conduct video 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 video lottery.
5.11.8 Hold the agency and the State of Delaware and its employees harmless
from any and all claims that may be made against the agency, the State
of Delaware, or the employees of either, arising from the technology provider's
participation in or the operation of a video lottery game.
5.11.9 Defend and pay for the defense of all claims that may be made against
the agency, the State of Delaware, or the employees of either, arising
from the technology provider's participation in video lottery operations.
5.11.10 Maintain all required records.
5.11.11 Lease or sell only those licensed video lottery machines, validation
units and associated equipment approved under these regulations.
5.11.12 It shall be the continuing duty of the technology provider licensee
to provide the Director with an updated list of the names and addresses
of all its employees who are involved in the daily operation of the video
lottery machines. These employees will include individuals or their supervisors
involved with (1) the repair or maintenance of the video lottery machines,
or (2) positions that provide direct access to the video lottery machines.
It shall be the continuing duty of the technology provider licensee to
provide for the bonding of each of these individuals to ensure against
financial loss resulting from wrongful acts on their parts.
5.11.13 It shall be the ongoing duty of the technology provider licensee
to notify the Director of any change in officers, partners, directors,
key employees, video lottery operations employees, or owners. These individuals
shall also be subject to a background investigation. The failure of any
of the above-mentioned individuals to satisfy a background investigation
may constitute "cause" for the suspension or revocation of the
technology provider's license.
5.11.14 Supervise its employees and their activities to ensure compliance
with these rules.
5.11.15 Promptly report to the Lottery 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.
5.11.16 Comply with such other requirements as shall be specified by the
Director.
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6.0 Agents: Duties
The following duties are required of all licensed agents:
6.1. Provide a secure location for the placement, operation, and
play of all licensed video lottery machines located on the licensed agent's
premises.
6.2. Permit no person to tamper with or interfere with the approved
operation of any licensed video lottery machine without prior written
approval of the agency and the VLEU, unless otherwise directed by the
Lottery.
6.3. Assure that telephone lines from the agency's central computer
to the licensed video lottery machines located on the licensed agent's
premises are at all times connected, and prevent any person from tampering
or interfering with the continuous operation of the lines.
6.4. With respect to video lottery operations, contract only with officers,
directors, owners, partners, key employees, and suppliers of video lottery
equipment and paraphernalia authorized by the agency to participate
in video lottery operations within the State of Delaware.
6.5. Ensure that licensed video 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 by the use of surveillance cameras at all times.
6.6. Ensure that licensed video lottery machines are placed and remain
as placed in the specific area of the premises as approved by the lottery.
The initial placement and any subsequent relocation of any video lottery
machine requires the prior written approval of the agency and the VLEU.
6.7. Monitor video lottery machine play and prevent access to or 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,
and prohibit play by persons who are barred by law or self-barred from
playing any video lottery machine.
6.8. Commit no violations of the laws of this State concerning the
sale, dispensing, and consumption on the premises of alcoholic beverages
that result in suspension or revocation of an alcoholic beverage license.
6.9. Maintain at all times sufficient tokens, change and cash in denominations
accepted by the video machines located in the premises.
6.10. Exercise caution and good judgment in extending credit for video
lottery machine play, and comply with all applicable federal and state
laws.
6.11. Exercise caution and good judgment in providing cash for checks
presented for video lottery machine 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.
6.12. Report promptly all video lottery machine malfunctions to the
appropriate technology provider and agency and notify the agency of
any technology provider failure to provide service and repair of such
terminals and associated equipment.
6.13. Conduct agency approved advertising and promotional activities
related to video lottery operations.
6.14. 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.
6.15. Conduct video lottery operations only during those hours established
and approved by the Director or designee.
6.16. Assume responsibility for the proper and timely payment to players
of credits or tokens awarded.
6.17. Prohibit the possession, use or control of gambling paraphernalia
on the premises not directly related to the lottery or horse racing
or harness horse racing and prohibit illegal gambling on the premises.
6.18. Attend all meetings, seminars, and training sessions required
by the agency.
6.19. Supervise its employees and their activities to ensure compliance
with these rules.
6.20. 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 or persons
who have requested that they be self-banned from the agent's premises.
6.21. Provide dedicated power and a proper video lottery machine environment
in accordance with the specifications of the agency. The agent shall
permit no person to completely shut off power to an operational video
lottery machine without the prior approval of the agency.
6.22. Furnish to the Director complete information pertaining to any
change in ownership of the agent or the owner of the premises or beneficial
owner (other than a change in ownership by an owner of less than twenty
(20) percent of the issued and outstanding capital stock of the agent
or premises owner if such stock is publicly traded).
6.23. Promptly report to the lottery 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.
6.24. Conduct video 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.
6.25. 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 video lottery system,
except claims arising from the negligence or willful misconduct of the
Director, the State or the employees thereof.
6.26. Maintain all required records.
6.27. Provide at the request of the Director or the VLEU 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.
6.28. Keep current on all payments, tax obligations and other obligations
to the agency and other licensees with whom video 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.
6.29. Locate all video lottery machines within the viewing range of
closed circuit television cameras at all times, including both normal
business hours and those periods when video lottery operations are closed.
The presence of these cameras is to ensure the integrity of the lottery,
the video lottery operations, and the safety of the patrons. Surveillance
tapes will be maintained by the agent according to a schedule established
by the Director and the VLEU. 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 Director and the VLEU before
placed in to operation.
6.30. Comply with such other requirements as shall be specified by
the Director. The agent shall 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.
6.31. Provide, on a continuing basis, to the Director the names and
addresses of all employees who are involved in the daily operation of
the video lottery machines. These employees will include individuals
or their supervisors involved with (1) the security of the
video lottery machines, (2) the handling or transporting of proceeds
from the video lottery machines, or (3) positions that provide direct
access to video lottery machines. It shall be the continuing duty of
the video lottery agent licensee to provide for the bonding of any of
the above-mentioned employees to ensure against financial loss resulting
from wrongful acts on their parts. Likewise, the agent shall post a
bond or irrevocable letter of credit in a manner and in an amount established
by the agency. Any such bonds shall be issued by a surety company authorized
to transact business in Delaware and said company shall be approved
by the State Insurance Commissioner as to solvency and responsibility.
6.32. Notify the Director on a continuing basis of any change in officers,
partners, directors, key employees, video lottery operations employees,
and owners.
6.32.1 The video lottery agent shall provide this information to the
Lottery and the VLEU on a weekly basis. Such persons will also be subject
to a background investigation. The failure of any of the above-mentioned
persons to satisfy a background investigation may constitute "cause"
for the suspension or revocation of the video lottery agent's license,
provided that an agent is first given a reasonable opportunity to remove
or replace such person if the agent was unaware of such "cause"
prior to the background investigation. The agent must supply the VLEU
with the completed License Application Form ("LAF") and fingerprint
cards for each employee before the employee begins employment. Agent
employees required to be licensed by the Delaware Lottery laws, 29 Del.
C. Ch. 48, and these Regulations must have been successfully completed
and been issued a valid license under section 14.0 of these Regulations
prior to commencement of employment.
6.32.2 The agent must notify the VLEU of the transfer of any employee
within the agent's organization on a weekly basis. The Lottery and the
VLEU will determine if a new or updated LAF must be submitted for the
transferred employee.
6.32.3 The agent must notify the Lottery and the VLEU of the termination
of any employee and the reason for the termination on a weekly basis.
6.32.4 The agent must submit to the Lottery and the VLEU on a weekly
basis the names of all new employees who will work on the video lottery
premises.
6.32.5 The agent must obtain advance approval before any temporary employee,
consultant, or contractor will be permitted access to secure locations.
Any such temporary employee, consultant, or contractor must submit a
Request for Temporary Work Approval Form to the VLEU at least forty-eight
(48) hours prior to the date of assignment. Any such temporary employee,
consultant, or contractor must also submit a license application pursuant
to Regulation 14.0 and must be employed by a licensed technology provider.
Any vendor who proposes to contract with a video lottery agent or the
Lottery for the provision of goods or services, including management
services, related to the video lottery operations, must obtain a technology
provider license pursuant to Video Lottery Regulation 4.0. The Lottery
will consider secure areas to include, but not be limited to, access
to the inside of a video lottery machine, surveillance rooms, cash vaults,
and cash booths.
6.33. As soon as it is known to the agent, file with the Director a
copy of any current or proposed agreement and disclose to the Director
any other relationship between the agent, its parents, subsidiaries,
related entities, partners, owners, directors, officers or key employees
for the sale, lease, maintenance, repair or other assignment of the
agent's premises, or any other relationship of any vendor, manufacturer
or other person who stands to benefit financially from the possession
or use of video lottery machines by such agent. The agent shall file
with the Director for approval every contract in excess of $50,000 which
pertains to the agent's video lottery operations. The agent shall notify
the Director of any contract with an entity that is subject to the license
requirements for vendors or technology providers under 29 Del. C. §4805(b)(17)
and Chapter 4 of these Regulations.
6.34. Comply with the applicable requirements contained in Title 3
Del. C. §10048 and §10148 and Title 28 Del. C. §427 of
the Delaware Code. The agent shall file an annual report, due January
15th of each year, which provides sufficient information for the Director
to determine whether the agent has satisfied the requirements of this
provision.
6.35. Comply with the provisions of the business plans as approved
and amended.
6.36. 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.
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7.0 Game Requirements
7.1. The Director shall authorize such 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 $100.00 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 $100.00 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 twenty-one (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.
7.9.1 No credit slip or prize claim shall be redeemed more than one (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 one-year redemption policy in this regulation shall be prominently
displayed on the premises of the video lottery agent.
7.9.2 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. Any unclaimed credits left on a video
lottery machine shall revert to the Agency after a one-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. Video lottery machines shall not be operated or available for play
on Christmas, or after 4:00 a.m. on Easter, or between the hours of 4:00
a.m. and 12:00 p.m. on Sundays, or between the hours of 4:00 a.m. and
8:00 a.m. on any day other than Sunday.
7.16
7.16 Self-Excluded Players
7.16.1 A "self-excluded person" means any person whose name
is included, at his or her request, on the self-exclusion list maintained
by the Lottery Director or Deputy Director.
7.16.2 "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.
7.16.3 Request for Self-Exclusion
7.16.3.1 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 Video Lottery Regulations.
7.16.3.2 Any person requesting placement on the self-exclusion list shall
submit in person, a completed request for self-exclusion as required in
this Regulation. The request shall be delivered to the Delaware State
Lottery Office, 1575 McKee Road, Dover, DE. Any person submitting a self-exclusion
request shall be required to present valid identification credentials
containing his or her signature and a photograph and general physical
description. Any person requesting self-exclusion pursuant to these Regulations
shall be required to have his or her photograph taken by the VLEU upon
submission of the request.
7.16.3.3 A request for self-exclusion shall be in a form prescribed by
the Lottery which form shall include:
7.16.3.3.1. The following identifying information concerning the person
submitting the request for self-exclusion:
7.16.3.3.1.1. Name, including any aliases or nicknames;
7.16.3.3.1.2. Date of birth;
7.16.3.3.1.3. Address of current residence.
7.16.3.3.1.4. Telephone number of current residence;
7.16.3.3.1.5. Social security number;
7.16.3.3.1.6. A physical description of the person, including height,
weight, gender, hair color, eye color, and any other physical characteristic
that may assist in the identification of the person;
7.16.3.3.2. The length of minimum self-exclusion requested by the person:
7.16.3.3.2.1. One year;
7.16.3.3.2.2. Five years; or
7.16.3.3.2.3. Lifetime;
7.16.3.3.3. A waiver and release which shall release and forever discharge
the State of Delaware, its employees, and agents, and all video lottery
agents, and their employees and 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:
7.16.3.3.3.1. Its processing or enforcement;
7.16.3.3.3.2. The failure of a video lottery agent to prevent video lottery
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.
7.16.3.3.3.3. Permitting a self-excluded person to engage in video lottery
play at a video lottery agent's premises while on the list of self-excluded
persons; and
7.16.3.3.3.4. Disclosure of the information contained in the self-exclusion
request or list, except for a willfully unlawful disclosure of such information.
7.16.3.3.4. The signature of the person submitting the request for self-exclusion
indicating acknowledgement of the following statement:
"I am voluntarily requesting exclusion from all gaming activities
at all licensed Delaware video lottery agents (Delaware Park, Dover Downs,
and Harrington/Midway Slots and Simulcast) because I am a problem gambler.
I certify that the information provided above is true and accurate, and
that I have read and understand and agree to the waiver and release included
with this request for self-exclusion. I am aware that my signature below
authorizes the Lottery and the VLEU to direct all licensed video lottery
agents to prohibit my access to the all video lottery facilities in accordance
with this request and unless I have requested to be excluded for life,
until such time as the Lottery removes my name from the self-exclusion
list in response to my written request to terminate my voluntary self-exclusion.
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 all licensed video lottery agents premises, and that any money
or thing of value obtained by me from, or owed to me by a video lottery
agent as a result of video lottery play by me while on the self-exclusion
list."
7.16.3.3.5. The type of identification credentials examined containing
the signature of the person requesting self-exclusion, and whether said
credentials included a photograph and general physical description of
the person; and
7.16.3.3.6. The signature of an authorized Lottery employee accepting
the request, indicating that the signature of the person on the request
for self-exclusion appears to agree with that 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.
7.16.4 Self-exclusion list.
7.16.4.1 The Lottery 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
may provide copies of the official self-exclusion list to the VLEU.
7.16.4.2 Each video lottery agent shall maintain its own copy of the self-exclusion
list and 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 forty eight (48) hours after the notice is mailed by the Lottery
or VLEU. The notice mailed by the Lottery/VLEU shall include the name
and date of birth of any person whose name shall be removed from self-exclusion
list and the following information concerning any person whose name shall
be added to the self-exclusion list:
7.16.4.2.1. Name, including any aliases or nicknames;
7.16.4.2.2. Date of birth;
7.16.4.2.3. Address of current residence;
7.16.4.2.4. Telephone number of current residence;
7.16.4.2.5. Social security number;
7.16.4.2.6. A physical description of the person, including height, weight,
gender, hair color, eye color, and any other physical characteristic that
may assist in the identification of the person; and
7.16.4.2.7. A copy of the photograph taken by the Lottery or VLEU.
7.16.4.3 Information furnished to or obtained by the Lottery or VLEU
shall be deemed confidential and not be disclosed except in accordance
with these Regulations.
7.16.4.4 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 obtain access to the premises
of a video lottery agent.
7.16.5 Duties of Video Lottery Agent
7.16.5.1 Each video lottery agent shall establish procedures that are
designed, to the greatest extent practicable, to:
7.16.5.1.1. 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:
7.16.5.1.1.1 Those employees of the video lottery designated to monitor
the presence of the self-excluded persons;
7.16.5.1.1.2 Designated representatives of the Lottery and the VLEU.
7.16.5.1.2. Refuse access to the premises for any self-excluded person;
7.16.5.1.3. Deny check cashing privileges, player club membership, complimentary
goods and services, and other similar privileges and benefits to any self-excluded
person;
7.16.5.1.4. 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 activities at the video lottery agent's premises;
7.16.5.2 Each video lottery agent shall submit to the Lottery and the
VLEU, a copy of its procedures established to comply with these self-exclusion
regulations within thirty (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 and the VLEU at least three business
days prior to the implementation. If the Lottery and the VLEU do not object
to said procedures or amendments thereto, such procedures or amendments
shall be deemed to be approved.
7.16.6 Removal from Self-Exclusion List
7.16.6.1 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 Video Lottery Regulation 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 (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.
7.16.6.2 A request for removal from the self-exclusion list shall be
in a form prescribed by the Lottery, which form shall include:
7.16.6.2.1. The identifying information specified in Video Lottery Regulation
7.16;
7.16.6.2.2. The signature of the person requesting removal from the self-exclusion
list indicating acknowledgement 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 Lottery to permit all
video lottery agents to reinstate my video lottery privileges at licensed
video lottery premises;"
7.16.6.2.3. 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,
7.16.6.2.4. The signature of a Lottery or VLEU 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.
7.16.6.3 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.
7.17 Promotional Tournaments
7.17.1 The Lottery will be solely responsible for the procurement of any modified
video lottery terminals ("Promotional Tournament Terminals")
to be used by a video lottery 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 and coin acceptor on the Promotional Tournament
Terminal
7.17.2 If a video lottery agent wishes to obtain Promotional Tournament
Terminals, the agent must submit a written request to the Lottery. Under
29 Del. C. §4820(b), video lottery agents may have a maximum of thirty
(30) video lottery machines used exclusively for promotional tournaments
in which players are not required to pay any fee to participate. The request
must be on a Promotional Tournament Request Form which will be available
from the Lottery. The request must contain: i) the number of promotional
tournament terminals requested; ii) a description of the location where
the tournament terminal will be stored or installed on the agent's premises;
iii) a description of the agent's security plan for the tournament terminals
when in storage and when operated for promotional tournaments.
7.17.3 Promotional Tournament Terminals will be leased or purchased
by the Lottery and provided to the video lottery agents for use for promotional
tournament games.
7.17.4 The video lottery agent may store the Promotional Tournament
Terminals in a secure, locked room when games 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 both the Lottery and
the VLEU. The agent must control access to the locked storage area. The
key to this area will be maintained and controlled by the video lottery
agent's security with a sign-in and sign-out log. If a video lottery agent
installs Promotional Tournament Terminals on a permanent basis on the
gaming floor, the Promotional Tournament Terminals will be subject to
the Lottery and VLEU minimum standards for security and the terms of these
Video Lottery Regulations. Promotional Tournament Terminals will only
be available during scheduled tournaments approved by the Lottery.
7.17.5 All Promotional Tournament Terminals at an agent location shall
have the same CPU lock and this lock shall be different from locks used
on other VLTs in the State of Delaware. The CPU keys will be maintained
by the VLEU, unless the Lottery directs otherwise.
7.17.6 All EPROM chips and programming disks, after the standard review
and approval by the independent laboratory designated by the Lottery,
must be sent to the VLEU to be certified for use in the promotional tournament
games, unless otherwise directed by the Lottery. EPROM chips will be taped
when installed in the tournament games under the supervision of the VLEU.
The VLEU will be the only persons permitted to access the logic area and
chips of the Promotional Tournament Terminals, unless otherwise directed
by the Lottery.
7.17.7 Any video lottery agent who wishes to conduct a tournament with
the Promotional Tournament Terminals must first obtain the approval of
the Lottery. The agent must complete a Promotional Tournament Request
Form that will be available from the Lottery. The Tournament Request Form
will require, at a minimum, the following: i) the date(s) and time(s)
when the tournament will be held; ii) the rules for the tournament; iii)
the location of the tournament; iv) security and surveillance arrangements
for the tournament. 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 Video Lottery Regulations.
Approval by the Lottery to conduct promotional tournaments shall also
constitute approval for the movement of Promotional Tournament Terminals.
7.17.8 No tournament is approved until the Lottery has reviewed and
approved the Promotional Tournament Request Form and distributed copies
of the completed form to the appropriate parties.
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8.0 Accounting and Distribution Procedures
8.1. The central system provider will provide an accounting mechanism for the
video lottery system as a whole, which mechanism shall achieve compliance
with the standards of integrity, security and control established by the
agency.
8.2. Each agent and technology provider shall submit to the Director
such financial and operating information as the Director shall require
from time to time at such times and in such format as the Director shall
specify. For purposes of submission of this and other information, each
agent shall have a computer on the premises which is suitable for this
purpose.
8.2.1 Each agent, unless specifically exempted by the Agency, shall file
weekly, monthly, quarterly, and annual reports and statistical data in
a format specified by the Director. The data may be used by the Agency
to evaluate the financial position and operating performance of individual
video lottery agents and to compile information regarding the performance
and trends of the video lottery industry in the State of Delaware.
8.2.2 Each agent, unless specifically exempted by the Agency, shall
at its own expense, cause its annual financial statements to be audited
in accordance with generally accepted auditing standards by an independent
certified public accountant licensed to practice in the State of Delaware.
8.2.3 The annual financial statement shall be prepared on a comparative
basis for the current and prior fiscal year, and shall present the video
lottery agent's present financial position and results of operations in
conformity with generally accepted accounting principles.
8.2.4 The Agency may periodically prescribe a set of standard reporting
forms and instructions to be used by each video lottery agent for filing
the weekly, monthly, and quarterly reports.
8.2.5 Each video lottery agent and technology provider, unless specifically
exempted by the Agency, shall conduct its video lottery operations to
meet the minimum requirements set forth in the Agency's Minimum Internal
Control Standards (MICS).
8.3. The agency or its designated agents shall have the right to audit
the books and records including without limitation tax returns and IRS
withholding and reporting records of any agent and each technology provider.
To such end, the agents and technology providers shall fully cooperate
with whomever undertakes the audit.
8.4. The agency shall provide licensed technology providers with the
protocol documentation data necessary to enable the respective video lottery
machines to communicate with the agency's central computer when transmitting
the auditing program information and controls approved by the agency.
8.5. The net proceeds of the video lottery operations shall be remitted
daily or weekly to the agency at the discretion of the Lottery Director
through the electronic transfer of funds to an EFT account segregated
and held in trust for the agency. To the extent, if any, that such daily
or weekly remission cannot be achieved due to the unavailability of bank
services, the remission shall be made on the first day that such services
are available. Agents shall furnish to the agency all information and
bank authorizations required to facilitate the timely transfer of monies
to the State lottery fund. Agents shall provide the agency thirty (30)
days advance notice of any proposed account changes in order to assure
the uninterrupted electronic transfer of funds.
8.6. The agency is not responsible for resolving net proceeds discrepancies
which are differences between actual money collected and the amount shown
on the accounting meters or billing statement. Further, the agency is
not responsible for the loss or theft of money prior to its deposit in
the agency's account in the bank.
8.7. Agents shall comply with all prescribed Federal requirements for
tax withholding, recording and reporting, including, without limitation,
those requirements relating to the transfer of funds withheld from player
winnings from the agents to the tax authorities.
8.8. Any discrepancy regarding settlement of accounts will be resolved
by the Director as he or she deems appropriate.
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9.0 Maintenance of Video Lottery Machines
9.1. No video lottery machine may be placed in operation in Delaware until
the technology provider has provided its personnel with sufficient and
appropriate training in the service and repair of each of its approved
video lottery machine models.
9.2. Each technology provider shall service and maintain its video lottery
machines, current software, and associated equipment in the manner and
condition required by the agency and in accordance with its contractual
arrangements.
9.3. A MEAL book shall be kept within the main cabinet access area in
each video lottery machine. Every person, including agency personnel,
who gains entry into any internal space of a video lottery machine shall
sign the MEAL book, indicate the time and date of entry, and reason for
entry. The MEAL books shall be retained by agents for a period of three
years from the date of the last entry. The MEAL books shall be made available
upon request for inspection by the agency.
9.4. Technology providers shall provide the agency or its designee upon
request with a master key for access into each locked compartment of each
video lottery machine placed in operation (i.e., cash box, main cabinet,
logic box).
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10.0 Transportation, Registration, and Location of Video Lottery Machines
10.1. No person shall ship or transport a video lottery machine into the State
without first obtaining a written authorization for such transport from
the Director or designee. Transporting or shipping into the State means
the starting point is outside the State and terminates in the State. Any
person shipping a video lottery machine into Delaware shall provide the
agency in writing at the time of shipment the following information on
forms required by the agency:
10.1.1 The full name and address of the person shipping the video lottery
machines;
10.1.2 The method of shipment and the name of the carrier;
10.1.3 The full name and address of the person to whom the video lottery
machines are being sent and the destination of said terminals, if different
from the address;
10.1.4 The number of video lottery machines in the shipment;
10.1.5 The serial number of each video lottery machine in the shipment;
10.1.6 The model number and description of each video lottery machine
in the shipment; and
10.1.7 The expected arrival date of the video lottery machines at their
respective destination within Delaware.
10.2. The agency will maintain forms for video lottery machines installed
containing the following information:
10.2.1 The full name and address of the person receiving the video lottery
machines;
10.2.2 The full name and address of the person from whom the video lottery
machines were received;
10.2.3 The serial number of each video lottery machine received;
10.2.4 The model number and description of each video lottery machine
received;
10.2.5 The manufacturer of each video lottery machine received;
10.2.6 The location where each video lottery machine will be placed; and
10.2.7 The expected date and time of video lottery machine installation.
If the video lottery machine will not be placed in operation, the technology
provider shall notify the agency of the address where said terminal is
to be warehoused or otherwise kept. Prior to use, the storage facility
shall be inspected and approved for video lottery machine storage by the
Agency and the Delaware State Police VLEU.
10.3. Transporting of video lottery machines within the State of Delaware
shall be accomplished by the technology provider or his designate, with
the concurrence of the Director. Video lottery agents are not authorized
to transport video lottery machines at any time without agency approval.
Any person transporting a video lottery machine from one location to another
within the State, shall notify the agency in writing prior to the transportation
of said video lottery machine and shall provide the following information
on forms required by the agency:
10.3.1 The full name and address of the person transporting the video
lottery machine;
10.3.2 The reason for transporting the video lottery machine;
10.3.3 The full name and address of the person where the video lottery
machine is currently located;
10.3.4 The full name and address of the person to whom the terminal is
being sent and the destination of the video lottery machine, if different
from the address;
10.3.5 The serial and model numbers of each video lottery machine received;
10.3.6 The manufacturer of the video lottery machine; and
10.3.7 The expected date and time of video lottery machine installation.
This requirement does not apply to the movement of video lottery machines
within the same location.
10.4. Any person shipping video lottery machines out of the State shall
first obtain written agency approval prior to the shipment and shall provide
the agency with the following information on forms required by the agency:
10.4.1 The full name and address of the person shipping the video lottery
machines;
10.4.2 The method of shipment and the name of the carrier;
10.4.3 The full name and address of the person to whom the video lottery
machines are being sent and the destination of the video lottery machines
if different from the address;
10.4.4 The serial number of each video lottery machine being shipped;
10.4.5 The model number and description of the video lottery machine being
shipped;
10.4.6 The name of the manufacturer of the video lottery machine being
shipped; and
10.4.7 The expected date and time of the shipment.
10.5. All video lottery machines located at an agent's premises shall
be placed as follows:
10.5.1 In an area which is at all times monitored by the agent, manager
or an employee of the licensed agent to prevent access or play of video
lottery machines by persons under the age of twenty-one (21);
10.5.2 Initial locations for video lottery machines within an agent's
business require prior approval by the agency and shall be accomplished
by the technology provider; and
10.5.3 Any relocation of video lottery machines within an agent's business
requires prior approval by the agency.
The initial installation of any new video lottery machine at an agent's
premises requires the presence of an agency or VLEU representative.
10.6. Section 10 shall not apply to video lottery machines which at no
time are or have been located on an agent's premises. Provided, however,
that all Section 10 requirements are applicable to video lottery machines
prior to their arrival at an agent's premises. Provided, further, that
agents shall not transport video lottery machines, without agency approval,
regardless of whether they are or have been located on an agent's premises.
10.7 Project Request Forms
10.7.1 A video lottery agent must complete a Project Request Form whenever
it seeks approval for the movement of video lottery terminals or for other
modifications or changes to video lottery terminals.
10.7.2 A video lottery agent, after conferring with the affected technology
provider to confirm the feasibility of the project, must first submit
a Project Request Proposal to the Lottery for approval. The Project Request
Proposal must be in a letter or on a form provided and approved by the
Lottery. A Project Request Proposal must be submitted whenever an agent
seeks: i) to move a video lottery machine on the premises; ii) to convert
a game theme on a video lottery machine; iii) to convert the play denomination
on a video lottery machine; iv) to change the percentage payout on a video
lottery machine; v) to change the EPROM chip on a video lottery machine;
vi) to change the jackpot lockup amount on a video lottery machine; vii)
to change the configuration of a video lottery machine; viii) to perform
a wholesale replacement of parts of a video lottery machine. If the Lottery
approves the Project Request Proposal, the Lottery will assign a Project
Number and send a confirming letter of approval to the video lottery agent.
10.7.3 After receiving an approval letter for the Proposed Project Request,
the video lottery agent or technology provider must obtain a date for
the project. The video lottery agent or technology provider must use a
Project Request Form approved by the Lottery. The Project Request Form
must be fully completed and include the following: 1) a description of
type of project proposed; 2) a listing of project location and project
start date and time; 3) a listing of project end date and end time; 4)
project estimated "go live" date; 5) authorization by the agent's
representative; 6) pertinent schedule and any other relevant information
related to the request; 7) authorization by a designated representative
of the affected technology provider.
10.7.4 The video lottery agent or technology provider will submit the
completed Project Request Form to the Lottery's Central System Provider
for review and a signed authorization. If approved by the Central System
Provider, the Central System Provider will then forward the Project Request
Form to the VLEU for review. If the Project Request Form is approved by
the VLEU, the Form will then be forwarded to the Lottery Office for review.
If the Project Request Form is in order, the Lottery will approve the
Project Request Form and provide a signed copy to the video lottery agent,
the VLEU, and any other affected parties. At the discretion of the Lottery,
a technology provider may be excepted from the requirement of submitting
a Project Request Proposal submission for main chip upgrades and simply
submit a Project Request Form as described above in these Regulations.
10.7.5 The video lottery agent is responsible for notifying Security and
Surveillance of any approved Project and for arranging sufficient staffing
to complete the project in a timely manner.
10.7.6 No project is approved until the Lottery has signed the Project
Request Form and distributed copies of the completed form to the appropriate
parties. The Lottery and the VLEU will strictly enforce the approved start
and end time on the Project Request Form. No video lottery agent under
any circumstances will be permitted to shut down or otherwise modify any
video lottery terminal prior to the approved start time or after the approved
end time listed on a Project Request Form without written approval from
the Lottery Office.
10.7.7 A video lottery agent must notify the Lottery Office if any project
is cancelled or not completed as originally submitted based on a decision
of the video lottery agent. A technology provider must notify the Lottery
Office if any project is cancelled or not completed as originally submitted
based on a decision of the technology provider.
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11.0 Standards for Advertising, Marketing and Promotional Materials
11.1. All advertising, marketing and promotional materials, related to the
video lottery or referencing the video lottery, to be utilized by an agent
or person acting on behalf of the agent shall be submitted to the agency
for review and approval prior to use, except that such materials need
not be submitted for review and approval if identical materials have been
previously submitted and approved. Materials are not identical for purposes
of this provision if they vary in any respect, such as in the size of
a billboard.
11.2. The agency shall review any materials submitted pursuant to this
section and approve their use unless in the judgment of the agency such
materials, if used, would result in an appearance which reflects adversely
on the agency, would reasonably be expected to offend a substantial number
of people, contain inaccurate or misleading information, or otherwise
be inappropriate.
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12.0 Foregoing Video Lottery Opportunities
12.1. Any person who qualifies pursuant to the requirements contained in 29
Del. C. §4821 may elect to forego the opportunity to become a video
lottery agent by notifying the Director and all other video lottery agents
of such decision in writing.
12.2. The elector shall provide the Director with sufficient written
documentation to enable the Director to determine whether the person qualifies
for each annual payment provided for in §4821. If the Director requests
additional information to facilitate such determination, the elector shall
promptly supply it.
12.3. The Director shall notify all video lottery agents of his or her
determination, within ten days of such determination, and of any obligation
on the part of the video lottery agents to make the payments required
pursuant to §4821.
12.4. The video lottery agents shall make the required payments within
30 days after receipt of notification by the Director.
12.5. An election to forego the opportunity to become a video lottery
agent shall be effective for one year from the date of such election,
after which time the elector may apply for a license to become a video
lottery agent or may elect to forego such opportunity for an additional
year.
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13.0 Enforcement
13.1. The license of a video lottery agent or technology provider may be suspended
or revoked for the following reasons:
(1) Continual failure by the agent to substantially comply with the requirements,
if applicable, contained in 3 Del. C. §10048 or §10148(1), after
notice is provided to the agent by the Director to comply with the requirements.
(2) Failure of the agent to file with the Director the information required
pursuant to 29 Del. C. §4820(a); and
(3) For cause, such as, but not limited to falsifying any application
for license or report to the agency; failure to report information required
by the regulations; the material violation of the regulations; or any
conduct by the licensee, or any of its owners, officers, directors, partners,
key employees, or video lottery operations employees, which undermines
the public confidence in the video lottery system or serves the interest
of organized gambling or crime and criminals in any manner. A license
may be revoked for an unintentional violation of any Federal, State or
local law, rule or regulation provided that the violation is not cured
within a reasonable time as determined by the Director, or a longer period
where the video lottery agent has made diligent efforts to cure. For purposes
of this provision, the licensee is deemed to be familiar with all the
provisions of these regulations and unintentional violations shall not
include violations which the agent or technology provider asserts are
unintentional because of lack of awareness of these regulations. Likewise,
for purposes of this provision, diligent efforts to cure shall not constitute
a defense to a suspension or revocation of the license arising out of
reasons contained in §13.1(1) or (2) or in situations where the violation
would not have occurred had the licensee exercised diligent efforts to
comply with the requirements when they were first applicable.
13.2. Prior to the revocation or suspension of any license, the agency
shall notify the licensee of the intended revocation or suspension of
the license, and the reasons therefor. No revocation or suspension shall
be effective until a final order is issued pursuant to the following procedure,
except when the public welfare clearly requires emergency action and the
agency's order so states. The notice of the intended revocation or suspension
shall comply with any applicable requirements of the Delaware Administrative
Procedures Act and, at a minimum, afford the licensee with an opportunity
for a hearing.
13.3. If the licensee desires a hearing, it shall provide the agency
with a written statement within ten days of receipt of the notice which
contains the following:
13.3.1 A clear and concise assignment of each error which the licensee
alleges to have been committed in the tentative determination to suspend
or revoke the license. Each assignment of error should be listed in a
separately numbered paragraph.
13.3.2 A clear and concise statement of the facts on which the licensee
relies in support of each assignment of error.
13.3.3 A prayer setting forth the relief sought.
13.3.4 The signature of the licensee or an officer authorized to request
the hearing.
13.3.5 A verification by the licensee or counsel for the licensee that
the statements contained in the statement are true.
13.4. The Secretary of Finance with respect to petitions filed by agents,
and the Director with respect to petitions filed by technology providers,
shall appoint a hearing officer within a reasonable time of receipt of
the statement referenced in the preceding paragraph. Notice of the hearing
shall be given at least 20 days before the date it is to be held.
13.5. The licensee may appear individually, by legal counsel, or by any
other duly authorized representative. In the absence of the licensee,
written evidence of a representative's authority shall be presented to
the hearing officer in a form satisfactory to the hearing officer.
13.6. The licensee or his duly authorized representative, may, with the
approval of a hearing officer, waive the hearing and agree to submit the
case for decision on the record, with or without a written brief. Such
a waiver or agreement shall be in writing and placed in the record.
13.7. The licensee shall be given an opportunity for argument within
the time limits fixed by the hearing officer following submission of the
evidence. The hearing officer, upon request of the licensee, may accept
briefs in lieu of argument. The briefs shall be filed within ten days
after the hearing date or within such other time as fixed by the hearing
officer.
13.8. The hearing officer may admit any relevant evidence, except that
it shall observe the rules of privilege recognized by law. The hearing
officer may exclude any evidence which is irrelevant, unduly repetitious,
or lacking a substantial probative effect.
13.9. A record shall be made of all hearings and all witnesses shall
be sworn and subject to cross examination.
13.10. Following the conclusion of the hearing and within ten days of
the receipt of the transcript thereof, or within such other time as fixed
by the hearing officer but in no event later than forty-five days following
the hearing, the hearing officer shall in proceedings involving agents
prepare a final decision, including his or her findings of fact and conclusions
of law, and the order signed by the hearing officer shall be final. A
copy of said order shall be served upon the licensee and any attorney
of record in person or by registered or certified mail. In proceedings
involving technology providers, the hearing officer shall submit his or
her recommendations to the Director for decision.
13.11 Notwithstanding the procedures set forth herein regarding technology
providers, there shall be no right of hearing or judicial review allowed
with respect to decisions involving technology providers unless otherwise
provided by law.
13.12 Whoever violates the Lottery chapter 29 Del. C. Ch. 48, or any
Lottery rule or regulation duly promulgated thereunder, or any condition
of a license issued pursuant to 29 Del. C. §4805, or any Administrative
Order issued pursuant to Lottery statutes or Regulations shall be punishable
as follows:
13.12.1 If the violation has been completed, by a civil penalty imposed
by Superior Court, which by 29 Del. C. §4823 shall have jurisdiction
of civil penalty actions brought pursuant to this section, of not less
than $1000 nor more than $10,000 for each completed violation. Each day
of a continued violation shall be considered as a separate violation if,
on each such day, the violator has knowledge of the facts constituting
the violation and knows or should know that such facts constitute or may
constitute a violation. Lack of knowledge regarding such facts or violation
shall not be a defense to a continued violation with respect to the first
day of its occurrence.
13.12.2 If the violation is continuing or there is a substantial likelihood
that it will reoccur, the Director may also seek a temporary restraining
order, preliminary injunction, or permanent injunction in the Court of
Chancery, which shall have jurisdiction of an action for such relief.
13.12.3 In his discretion, the Director may impose an administrative penalty
of not more than $1,000 for each administrative penalty for each violation.
Each day of continued violation shall be considered as a separate violation
if the violator has knowledge of the facts constituting the violation
and knows or should know that such facts constitute or may constitute
a violation. Lack of knowledge regarding such facts or violations shall
not be a defense to a continued violation with respect to the first day
of its occurrence. Prior to the assessment of an administrative penalty,
written notice of the Director's proposal to impose such penalty shall
be given to the violator, and the violator shall have 30 days from receipt
of such notice to request a public hearing. Any public hearing, if requested,
shall be held prior to the imposition of the penalty and shall be governed
by §10125 of Title 29. If no hearing is timely requested, the proposed
penalty shall become final and shall be paid no later than 60 days from
receipt of the notice of proposed penalty. Assessment of an administrative
penalty shall take into account the circumstances, nature, and gravity
of the violation, as well as any prior history of violations, the degree
of culpability, the economic benefit to the violator resulting from the
violation, any economic loss to the State, and such other matters as justice
may require. In the event of nonpayment of an administrative penalty within
30 days after all legal appeal rights have been waived or otherwise exhausted,
a civil action may be brought by the Director in Superior Court for the
collection of the penalty, and for interest, from the date payment was
due, attorneys' fees and other legal costs and expenses. The validity
or amount of such administrative penalty shall not be subject to review
in an action to collect the penalty. Any penalty imposed after a public
hearing is held pursuant to this subsection shall be appealable to Superior
Court, and such appeal shall be governed by §10142 of Title 29.
13.12.4 In his discretion, the Director may endeavor to obtain compliance
with requirements of the Lottery chapter, 29 Del. C. Ch. 48, by written
Administrative Order. Such order shall be provided to the responsible
party, shall specify the complaint, and propose a time for correction
of the violation. It may also provide an opportunity for a public hearing
at which the Director shall hear and consider any submission relevant
to the violation, corrective action, or the deadline for correcting the
violation.
13.13 The Director shall enforce Ch. 48, 29 Delaware Code and any rules,
regulations, or Administrative Orders issued thereunder.
13.14 Any interest, costs or expenses collected by the Lottery under
actions instituted by 29 Del. C. §4823 or these regulations shall
be appropriated to the State Lottery Office to carry out the purposes
of 29 Del. C. Ch. 48.
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14.0Employee License Procedure
14.1 The license applicant, licensee, or video lottery agent or technology
provider employee will contact the State Bureau of Identification or the
Delaware State Police Video Lottery Enforcement Unit to make arrangements
for fingerprint processing.
14.1.1 The applicant will complete the license application form for a
VLT license as required by the Lottery and VLEU.
14.1.2 The completed license application form will be reviewed and witnessed
by the applicant's human resources personnel or designee.
14.2 Rehires/Transfers
14.2.1 A licensee that voluntarily ends his or her employment or is terminated
while in good standing with a former employer may apply for a new VLT
license in the following manner:
14.2.1.1 Applicants will be required to follow the procedures in Video
Lottery Regulations 14.1-14.8 if twelve (12) months or more have passed
since the end of the applicant's former employment.
14.2.1.2 Applicants will be required to follow the procedures in Video
Lottery Regulations 14.1-14.8, except for the fingerprinting requirements,
if less than twelve (12) months but more than thirty (30) days have passed
since the end of the applicant's prior employment.
14.2.1.3 Applicants will be required to complete a License Application
Update Form including a release of information waiver form and submit
to a new background investigation if less than thirty (30) days have passed
since the end of the applicant's prior employment.
14.2.2 Transfers. Licensees transferring employment from one licensed
entity to another licensed entity under these Video Lottery Regulations
will be required to complete a License Application Update Form and submit
to a new background investigation including a release of information waiver
form.
14.3 A fee is required to be paid for state and federal processing of
fingerprint cards and criminal history cards and criminal history records.
The fee is set by the State Bureau of Identification and payment is to
be made directly to that agency.
14.4 An applicant must complete fingerprint cards/process with the necessary
personal information, and sign an Authorization for Release of Information
form to release criminal history to the VLEU. At the time of the processing,
the applicant must show proof of identification to complete the criminal
history request and pay the appropriate fee.
14.4.1 The applicant must contact the VLEU and submit the completed license
application form and fingerprint verification/receipt for processing.
No investigation will proceed without a copy of the SBI fingerprinting
receipt.
14.4.2 Investigators assigned to the VLEU will conduct an initial investigation
to determine the suitability of the applicant. If the applicant is approved,
a temporary license may, at the discretion of the Director, be issued
at that time pending SBI's final report. This temporary license is valid
for thirty (30) days from the issue date.
14.4.3 A waiver will be signed by the applicant indicating that should
an unfavorable criminal history background check be received by the VLEU,
including any detrimental information or failure to fully disclose criminal
history, the applicant's temporary license may be revoked. If revoked,
the applicant will then be required to respond to VLEU within five (5)
working days for another interview.
14.4.4 Should the Director determine the applicant is to be fully licensed,
the permanent license badge will be delivered to the appropriate agent
for delivery to the employee. The employee upon receipt of the permanent
license badge shall turn in his temporary badge to the agent representative
who in turn shall destroy the badge.
14.5 Certified copies of the criminal history record will be forwarded
to the Video Lottery Enforcement Unit.
14.6 The State Bureau of Identification shall act as the intermediary
for the receipt of the federal criminal history record checks performed
by the Federal Bureau of Investigation. The State Bureau of Identification
shall forward the results of these federal record checks to the attention
of the VLEU in a confidential manner.
14.7 A person subject to 29 Del. C. §4807A shall have the opportunity
to respond to the Lottery Director regarding any information obtained
prior to a determination of suitability for licensure. Such a response
shall be made within ten (10) working days of the person's receipt of
the criminal background information from the Lottery.
The determination of suitability for licensure shall be made by the Lottery
pursuant to the factors listed in 29 Del. C. §4807A regarding an
applicant's criminal history. The Lottery will also consider the factors
contained in 29 Del. C. Ch. 48 and these Video Lottery Regulations in
considering applications for licensure. The Lottery will consider the
truthfulness of the applicant, licensee, or employee in disclosing their
criminal history. Under 29 Del. C. §4805(a)(16)(17), the Lottery
Director shall consider the background of key employees or video lottery
operations employees in order to determine if the person's reputation,
habits, and
associations pose a threat to the public interest of the State or to the
reputation of or effective regulation and control of the video lottery.
It is specifically provided, pursuant to 29 Del. C. §4805(a)(16)(17),
that any person convicted of any felony, a crime involving gambling, or
a crime of moral turpitude within ten (10) years prior to applying for
a license or at any time thereafter shall be deemed unfit. The Director
may determine whether the licensing standards of another state are comprehensive,
thorough and provide similar adequate safeguards and, if so, may in the
Director's discretion, license an applicant already licensed in such state
without the necessity of a full application and background check. The
Delaware State Police shall conduct the security, fitness, and background
checks required by §4805(a)(16)(17) and the Video Lottery Regulations.
The Director may deny a license application if an applicant fails to provide
the required information necessary for the Lottery and the VLEU to determine
and evaluate the applicant's background as required by 29 Del. C. §4805(a)(16)(17).
14.8 The Lottery shall communicate the results of the determination
of suitability in writing, to the license applicant or licensee within
thirty (30) days of receipt of the criminal history information, unless
extenuating circumstances require a longer period. If the Lottery determines
that an applicant has satisfied the licensing requirements of Video Lottery
Regulation 14.7 (6), the applicant will be issued a VLT License. If a
determination is made to deny a person licensure, the person shall have
an opportunity to appeal for reconsideration as set out below.
14.8.1 Appeal shall be initiated by a person notified that he/she is being
denied a license pursuant to 29 Del. C. §4807A and Video Lottery
Regulation 13.3 by submitting a request for a hearing to the Director
within ten (10) working days of the receipt of the written notice.
14.8.2 The appeal shall be reviewed by the Lottery Director and the person
shall be given the right to be heard by the Director or the Director's
designee within thirty (30) working days of the receipt of the letter
of appeal, unless extenuating circumstances require a longer period. Any
hearing will be pursuant to the procedures in the Video Lottery Regulations
13.5-13.11, whichever is applicable.
14.8.3 A written decision shall be rendered by the Director or the Director's
designee within thirty (30) working days of the hearing unless extenuating
circumstances require a longer period. All decisions made by the Lottery
under this appeal procedure are final.
14.8.4 A person determined to be unsuitable for licensure pursuant to
these Regulations shall be prohibited from reapplying for licensure for
a period of twelve (12) months.
14.8.5 Every license issued by the Lottery shall bear thereon the distinguishing
number assigned to the licensee and shall contain the name and photograph
of the licensee. The license shall also contain the name of the sponsoring
employer, agent, or technology provider.
14.8.6 The Lottery VLT License is the property of the Lottery. The VLT
license shall be returned to the Lottery or the VLEU if the Director issues
a decision to suspend or revoke a person's license to participate in video
lottery operations. A license may be revoked or suspended for violations
of 29 Del. C. Ch. 48 or these Video Lottery Regulations.
14.9 The Lottery or the Video Lottery Enforcement Unit will communicate
the results of suitability in writing regarding an employee to either
the video lottery agent or technology provider employing said individual.
The Lottery will provide a copy of the criminal history record to the
employee upon request.
14.10 All records pertaining to criminal background checks, pursuant
to 29 Del. C. §4807A and copies of suitability determinations of
applicants for licensure, shall be maintained in a confidential manner,
including, but not limited to the following:
14.10.1 Access to criminal background check records, and letters of reference
accompanying out-of-state criminal background checks, and determinations
of suitability of applicants shall be limited to the Director and designated
personnel;
14.10.2 All such records shall be kept in locked, fireproof cabinets;
14.10.3 No information from such records shall be released without the
signed release of the applicant.
14.11 All licensees will prominently display their license while on duty
or acting in their official capacity at the approved video lottery facility.
14.12 License renewal.
The Lottery license shall expire and be renewable on the last day of the
month on the third anniversary of the issuance date. At a minimum of sixty
(60) days prior to expiration, each licensee shall contact the VLEU and
submit a new and updated license application form (and fingerprints) for
a background investigation. The background investigation will follow the
procedures set forth in Video Lottery Regulations 14.7-14.8
14.13 Terminations/End of Employment
The Lottery license is the property of the Lottery and shall be returned
to the Lottery or the VLEU when the licensee's employment is either terminated
involuntarily by the employer or terminated at the request of the employee.
14.14 Any person licensed under these Video Lottery Regulations or any
employee who has submitted a license application shall notify the VLEU
within seventy-two hours of any change in his/her criminal history information.
This subsequent criminal history information shall be used by the Lottery
in making a determination about the person's continued suitability as
a licensee or employee of a video lottery agent or other licensed entity.
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15.0 Severability
The sections and subsections of these rules and regulations shall be deemed
severable. Should any section or subsection be deemed by judicial opinion
or legislative enactment to be invalid, unconstitutional or in any manner
contrary to the laws of the State of Delaware, then such opinion or enactment
shall invalidate only that particular section or subsection of these rules
and regulations and all other sections shall remain in full force and
effect.
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