Subchapter IV. Enforcement
TITLE 28
Sports and Amusements
CHAPTER 11. BINGO AND CHARITABLE GAMBLING
Subchapter IV. Enforcement
§ 1150. Immunity from arrest for violation of gambling laws; exceptions.
No person:
(1) Lawfully conducting or participating in the conduct of; or
(2) Possessing, selling or in any manner disposing of, any shares, tickets or rights to participate in; or
(3) Permitting the conduct upon any premises owned by the person or it, of any game conducted or under license issued pursuant to this chapter,
shall be liable to prosecution or conviction for violation of any of the provisions of the Delaware Code not contained in this chapter pertaining to gambling, but this immunity shall not extend to any person knowingly conducting or participating in any unlicensed game or in any game under any license obtained by any false pretense or statement made in any application for such license or otherwise, or possessing, selling or disposing of shares, tickets or rights to participate in, or permitting the conduct upon any premises owned by the person or it, of any game conducted under any license known to the person or it to have been obtained by any false or fraudulent pretense or statement.
28 Del. C. 1953, § 1150; 51 Del. Laws, c. 65, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1151. Investigations and hearings; witnesses; books and documents.
The Board shall conduct investigations as to violations of this chapter. The Board may compel the attendance of witnesses and the production of books and documents relating to transactions connected with the conducting of games by the issuance of subpoenas signed by the Chair or an employee of the Board designated by the Chair, which may be served by any person 21 years of age or over.
28 Del. C. 1953, § 1151; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, §§ 4, 5; 70 Del. Laws, c. 186, § 1.;
§ 1152. Privilege against self-incrimination.
No person shall be excused from testifying or producing any book or document in any investigation or hearing when ordered so to do by the Board upon the ground that the testimony or documentary evidence required of that person may tend to incriminate that person or subject that person to penalty or forfeiture but no person shall be prosecuted, punished or subjected to any penalty or forfeiture on account of any matter concerning which the person shall, under oath, have testified or produced documentary evidence except that the person shall not be exempt from prosecution or punishment under §§ 1221-1235 of Title 11 for any perjury or false statement.
28 Del. C. 1953, § 1152; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1153. Contempt; application to Superior Court; order.
(a) If a person subpoenaed to attend any investigation or hearing fails to obey without reasonable cause, or if a person in attendance in any such investigation or hearing refuses, without lawful cause, to be examined or to answer a legal or pertinent question or to exhibit any book, account, record or other document when ordered so to do by the Board, it may apply to the Superior Court for an order directing such person to show cause why that person should not comply with such subpoena or such order.
(b) Upon return of the rule, the Court shall examine such person under oath, and if the Court shall determine, after giving such person an opportunity to be heard, that he refused without legal excuse to comply with a subpoena or order of the Board, the Court may order such person to comply therewith. Any failure to obey the order may be punished as a contempt of the Superior Court.
28 Del. C. 1953, § 1153; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1154. Suspension or revocation of license.
The Board may suspend or revoke licenses, after hearing, for violations of this chapter or for violation of the rules and regulations adopted by the Board. At any hearing to suspend or revoke an otherwise valid license the Board shall have the burden of proving any violation or any other fact which might disqualify an organization holding a license. The Board may impose a fine upon a licensee for violations of the law or regulations of not more than $1,000 per violation. The Board may impose a fine upon a third-party vendor for violating or participating in a violation of the law or regulations of not more than $5,000 per violation. In addition the Board may upon finding a violation of the law or regulations, temporarily or permanently enjoin a third-party vendor from contracting with or participating with an organization in regard to charitable gambling.
28 Del. C. 1953, § 1154; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 5; 77 Del. Laws, c. 22, § 55.;
§ 1155. Institution of prosecutions.
The Board shall recommend to the Attorney General in writing that criminal prosecution be instituted for violations of this chapter. The Attorney General is responsible for the prompt institution of such proceeding, but if the Attorney General decides not to institute proceedings, the Attorney General shall inform the Board in writing of the Attorney General's decision.
28 Del. C. 1953, § 1155; 51 Del. Laws, c. 65, § 1; 64 Del. Laws, c. 100, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1156. Penalties.
Repealed by 63 Del. Laws, c. 390, § 8, effective July 21, 1982.