Subchapter I. Purpose, Scope, Definitions and Referendums
TITLE 28
Sports and Amusements
CHAPTER 11. BINGO AND CHARITABLE GAMBLING
Subchapter I. Purpose, Scope, Definitions and Referendums
§ 1101. Purpose and scope.
This chapter shall provide for referendums on games and the regulation and control of games, provided that the district in which it is conducted votes in favor of such games. Games shall be conducted in Delaware only by those licensed under this chapter and subject to the limitations herein.
28 Del. C. 1953, § 1101; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 4.;
§ 1102. Definitions.
As used in this chapter:
(1) "Bingo" means a game of chance played for prizes with cards bearing numbers or other designations, 5 or more in 1 line, the holder covering numbers as objects similarly numbered are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card;
(2) "Board" means the Delaware Gaming Control Board;
(3) "Charitable gambling" means any game or scheme operated by an organization which has been in existence 2 years or longer in which chance is the dominant factor in determining the allocation of a prize, excluding slot machines, roulette, craps or baccarat games;
(4) "Districts" means those districts mentioned in article II, § 17A or § 17B of the state Constitution;
(5) "Game or games" means bingo, instant bingo, and charitable gambling;
(6) "Instant bingo" means any game of chance played with sealed or covered cards which must be opened in some fashion by the holder, such that the cards reveal instantly whether the holder has won a prize. This subdivision includes, but is not limited to, so-called "rip-offs", or "Nevada pull-tabs".
(7) "Organization" means a veterans', religious or charitable organization, volunteer fire company or fraternal society as defined in article II, § 17A or § 17B of the state Constitution;
28 Del. C. 1953, § 1102; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, §§ 2, 3, 6; 65 Del. Laws, c. 180, § 1; 67 Del. Laws, c. 16, §§ 1, 2, 8.;
§ 1103. Referendums in general elections.
In the event that a majority of all the members elected to each house of
the General Assembly by the qualified electors in any district mentioned in
article II, § 17A or § 17B of the state Constitution shall request in writing
to the Speaker of the House of Representatives and to the President of the
Senate, not less than 30 days preceding the next succeeding general election,
that the question of license or no license of the playing of the game of bingo
be submitted to a vote of the qualified electors of said district, the
department of elections with jurisdiction over the district concerned shall
cause to be printed on the ballots used in the next succeeding general
election after said request the following question:
"Do you favor the licensing of the playing of the game
of bingo within the limits of ............ (insert the words, "City of
Wilmington," "Sussex County," "Kent County" or "New Castle
County outside of the City of Wilmington," as the case may be)?"
County outside of the City of Wilmington," as the case may be)?"
28 Del. C. 1953, §§ 1110, 1111; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 6.;
§ 1104. Applicability of general election laws; conduct of referendum.
(a) Title 15, insofar as it is applicable shall apply to all referendums held under the provisions of this chapter. A voter may indicate that voter's answer to the question submitted by voting in the affirmative or negative.
(b) Each department of elections shall take steps to insure that the equipment and supplies used at the general election are adjusted and modified to the extent necessary to permit the recording, tabulation and certification of the referendum vote.
(c) The department of elections of each county shall constitute a board of canvass for the purpose of canvassing the vote in any referendum held under this chapter.
(d) The provisions of Title 15 and the Constitution of this State relating to the certification and canvassing of the vote in general elections shall be followed insofar as those provisions are applicable.
(e) The Governor shall certify and proclaim the results of any such referendum at the time he certifies and proclaims the results of the general election pursuant to the provision of § 5710 of Title 15.
(f) The State Election Commissioner is empowered to prescribe such procedure and to make such rules and regulations, not inconsistent with this section or any other law of this State, as the State Election Commissioner may deem necessary to insure uniformity of method in the 3 counties in certifying and canvassing the vote in any referendum held under this chapter.
28 Del. C. 1953, § 1112; 51 Del. Laws, c. 65, § 1; 51 Del. Laws, c. 354; 70 Del. Laws, c. 186, § 1.;