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1.0 Purpose and Findings
1.1 The purpose of this rule is to promote the health, safety, and welfare of the citizens of this state by providing administrative guidelines for those establishments licensed by the Delaware Alcoholic Beverage Control Commissioner who elect to conduct legalized forms of gambling on their licensed premises.
1.2 It is the finding of the Commissioner that some licensed establishments provide various forms of gambling activities on their licensed premises. While it is not within the scope of the Commissioner's authority to regulate such gambling activities, the Commissioner does, however, recognize its authority to regulate its licensees and to insure that gambling activities taking place in licensed establishments are conducted in strict compliance with the State Constitution and other laws of this state pertaining to the regulation of gambling.
2.0 Authority
2.1 The Commissioner may adopt and promulgate any rule it deems necessary to carry out its lawful mandate, provided that such rules are not inconsistent with Title 4 of the Delaware Code or of any other law of the state, and all such rules shall have the force and effect of law [4 Del.C. ยง304(a)(1)).
2.2 The Commissioner notes that all establishments licensed by the state to sell alcoholic liquor are subject to administrative sanctions for unlawful acts committed by licensees, or their employees, in connection with the operation of a licensed establishment.
3.0 Applicability
This rule shall govern establishments licensed by the Commissioner to sell alcoholic liquor either on or off the premises or both, who elect to conduct legal forms of gambling on the licensed premises.
4.0 Procedure
4.1 It shall be the responsibility of every holder of a license issued by the Commissioner who conducts, or intends to conduct, any gambling activity authorized by the State Constitution, or other statute of the Delaware Code, to obtain the necessary licenses or permits as required by the appropriate issuing authority prior to conducting any such gambling activity.
4.2 Any licensee of the Commissioner who has legally obtained a license or permit to conduct gambling activities on their licensed premises shall be responsible to insure that the gambling activity is conducted in strict accordance with the rules and regulations of the issuing state authority.
5.0 Prohibited Acts
No establishment licensed by the Commissioner for the sale of alcoholic beverages either on or off the licensed premises shall engage in, or knowingly permit any patron, employee, staff member or other person under their employ, supervision, direction or control, to engage in or promote any form of illegal or unlicensed gambling activity on the licensed premises in any manner not consistent with the Constitution of this state, or any criminal or civil statute of the Delaware Code.
19 DE Reg. 775 (02/01/16)
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