Title 28, Sports and Amusements

§ 105. Combative sports license. (a) No person shall participate in a professional combative sports event unless licensed by the Division or the Division’s designated agent and the following conditions exist: (1) Where the promoter presents proof of insurance sufficient to provid…

§ 106. Combative sports entertainment permit. (a) No person may advertise, hold, conduct, or exhibit any combative sports entertainment event unless the person first obtains from the Division a permit to advertise, hold, conduct, or exhibit the specific combative sports entertain…

§ 106A. Combative sports entertainment requirements. (a) No person shall hold, conduct, or exhibit any combative sports entertainment event unless such person: (1) Provides for emergency equipment and personnel to be present at the permitted event. Minimum emergency equipment and…

§ 107. Exceptions. The licensing, permitting, registration and bonding requirements set forth in the chapter do not apply to a match, contest, or event, or the participants therein: (1) To any intramural or intermural combative sports event or athletic competition of any school, …

§ 108. Penalties. (a) Combative fighting, as defined herein, shall be prohibited in the State. All participants in a combative fighting event, including, but not limited to contestants, promoters, managers, matchmakers, seconds, judges, timekeepers and referees, shall be subject …

§ 109. Injunctive relief. (a) The Division may seek injunctive relief in any court of competent jurisdiction of this State to enjoin any person from undertaking any combative sports or combative sports entertainment event in violation of this chapter or of the Division’s regulati…

§ 110. Combative Sports Advisory Council. (a) The Division shall establish a Combative Sports Advisory Council. (b) The Advisory Council shall be composed of 7 members who shall be appointed by the Director of the Division of Professional Regulation. The members shall include the…

§ 111. Revocation, suspension, censure, reprimand, probation, fine, license or permit refusal. The Secretary or the Secretary’s designee may refuse a license or permit, suspend or revoke a license or permit issued or allowed pursuant to this chapter, or may reprimand, censure or …

§ 112. Forfeiture of purse. The Director may order any combative sports or combative sports entertainment participant or manager who has received a purse of cash, or any other article of value, in an amount in excess of $1,000 to forfeit the same to the Division for any serious v…

§ 113. Judicial review; appeal from decision or order. (a) Any person aggrieved by a decision or order of the Secretary or the Director relating to combative sports or combative sports entertainment may seek judicial review thereof by appealing the matter to the Superior Court wi…

§ 114. Service of process. Notice of an appeal filed pursuant to § 113 of this title shall be served upon the Director, or the Director’s designee, and all other parties of record who are subject to the decision or order, together with such other material and information as requi…

§ 115. Certification of record. (a) Upon being served with a notice of appeal pursuant to § 113 of this title the Director, or the Director’s designee, shall certify to the court the record of the proceedings to which the petition relates, if one exists. (b) The petitioner shall …

§ 401. Authority for horse racing in Kent County on five-eighths mile track. Horse racing for stake, purse or reward at and upon a race track of no less than 5/8 of a mile in circumference may be conducted in Kent County subject to this chapter. Such horse racing may be conducted…

§ 402. License as required. Any person desiring to conduct horse racing for any stake, purse or reward in Kent County during any calendar year shall first obtain a license to do so from the Delaware Thoroughbred Racing Commission.28 Del. C. 1953, § 402; 56 Del. Laws, c. 119; 63 D…

§ 403. Application; inspections and examinations; rejection; award of dates and maximum racing days. (a) Any person desiring to conduct a horse racing meet within Kent County during any calendar year shall file an application with the Secretary of the Commission on or before a da…

§ 404. Application and license fees. (a) Any person, upon applying to the Commission for a license to conduct a horse racing meet pursuant to this chapter during any calendar year, shall, at the time of making the application, pay to the Secretary of the Department of Finance a f…

§ 405. Issuance. Upon the award of dates to any applicant, the Commission shall issue a license for the holding of the meet or meets during the dates awarded to the applicant. The license shall be subject to all rights, regulations and conditions from time to time prescribed by t…

§ 406. Suspension or revocation; appeal. (a) Any license issued by the Commission shall be subject to suspension or revocation by the Commission for any cause whatsoever which the Commission deems sufficient. If any license is suspended or revoked, the Commission shall state publ…

§ 407. Rules of Jockey Club and of National Steeplechase and Hunt Association. Repealed by 63 Del. Laws, c. 143, § 15, eff. July 13, 1981.

§ 408. Inspection of racing premises prior to meet. Not less than 5 days prior to the opening of any meet authorized by the Commission, the Commission, at the expense of the licensee for the meet, shall cause to be made an inspection of the track, grandstand and buildings where t…

§ 409. Rules, regulations and special powers of Commission; subpoenas; contempt; perjury. (a) (1) The Commission shall adopt regulations governing the operation of thoroughbred racing including the regulation of betting in connection therewith and the regulation of the conduct of…

§ 410. Licensee’s annual financial statement. Every licensee shall file with the Commission not later than 4 months after the close of its fiscal year a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal ye…

§ 411. Tax on admissions; books and records; inspection. (a) Every person licensed to hold a horse racing meet within Kent County shall pay to the Secretary of the Department of Finance a tax of 10 cents on each admission on each day of any such meet, excepting admissions of pers…

§ 421. Application of chapter; simulcasts of races. This chapter shall apply to horse races upon which wagering or betting is conducted in accordance with subchapter III of this chapter. For purposes of this chapter simulcasts of horse races or harness horse races displayed withi…

§ 422. Liability insurance of licensee. Ten days before any horse racing meet may be held under this chapter, those licensed to conduct the meet shall deposit with the Commission a policy of insurance against personal injury liability which may be sustained at the meet. The insur…

§ 423. Limitation on compensation that may be paid by licensee. No salary, fee or compensation exceeding the sum of $2,000 shall be paid in any calendar year by any person licensed under this chapter, except to officials or employees actively engaged in the operations incident to…

§ 424. Enforcement. All officers of the law shall cooperate with the Commission for the proper enforcement of this chapter.28 Del. C. 1953, § 424; 56 Del. Laws, c. 119.;

§ 425. Aiding or abetting unlicensed meet; penalty. Whoever aids or abets in the conduct of any meet within Kent County at which horse racing or horse races are permitted for any stake, purse or reward, and upon which wagering or betting is conducted as provided in this chapter, …

§ 426. Failure of licensee to pay tax on admissions; penalty. (a) Whoever, being a licensee, fails or refuses to pay the amount found to be due by the Secretary of the Department of Finance as the tax on admissions shall be fined not more than $25,000 in addition to the amount du…

§ 427. Restrictions on licensee acting as video lottery agent. During any calendar year in which a licensee under this chapter has also been licensed by the Director of the State Lottery Office to maintain video lottery machines within the confines of a racetrack licensed under t…

§ 441. Place for wagering. Within the enclosure of any horse racing meet licensed and conducted under this chapter, but not elsewhere, the wagering and betting on horse racing by the use of pari-mutuel machines or totalizators is authorized and permitted.28 Del. C. 1953, § 441; 5…

§ 442. License to conduct pools; application; qualifications. (a) The Commission may grant a license to any person to make, conduct and sell pools by the use of pari-mutuel machines or totalizators for the purpose of receiving wagers or bets on horse races within the enclosure of…

§ 443. Revocation of license. All licenses for the operation of pools as provided in this chapter shall be revocable at any time, without hearing, at the absolute discretion of the Commission.28 Del. C. 1953, § 443; 56 Del. Laws, c. 119.;

§ 444. Rules, regulations and special powers of Commission. (a) The Commission may require the keeping of books and records by a licensee of a pool in such forms, or in such manner, as the Commission prescribes. The Commission may also regulate the duties of any employee of any s…

§ 445. Tax on pari-mutuel and totalizator pools. (a) (1) Every person engaged in the business of conducting a horse racing meet under this chapter shall pay as a tax to this State a percentage of the total contributions to all pari-mutuel and totalizator pools conducted or made o…

§ 446. Licensee’s commissions on pari-mutuel and totalizator pools. (a) The Commission shall authorize commissions pursuant to subsection (b) of this section on pari-mutuel or totalizator pools to all licensees operating a racing meet pursuant to this chapter. The commission shal…

§ 447. Deduction of federal taxes from total of contributions. For the purpose of making any of the calculations of amounts payable to the State and to the licensee under §§ 445 and 446 of this title, no federal taxes, if any, shall be deducted from the amount of total contributi…

§ 448. Disposition of moneys for unclaimed pari-mutuel tickets. All sums held by any licensee for payment of outstanding pari-mutuel tickets not claimed by the person or persons entitled thereto within a period of 1 year following the last day of the meet shall be paid by certifi…

§ 461. Authority of Delaware Thoroughbred Racing Commission; “Commission” defined. (a) The Delaware Thoroughbred Racing Commission as created and existing under Chapter 101 of Title 3 shall have jurisdiction over horse racing in Kent County pursuant to this chapter and shall have…

§ 462. Effect of chapter. No provision of this chapter shall in any way be construed to repeal any provision contained in Chapter 101 of Title 3, provided, however, that where any provision of this chapter shall be in conflict with any provision of Chapter 3 of this title, the pr…

§§ 561-570. Definitions; Delaware Standardbred Development Fund; Board of Trustees of the Fund; use of the Fund; conditions for races and participation; scheduling of races; location of races; rules of the Board; budget procedures; advertising budget; operating budget [Repealed].…

§ 701. Bribing participant in sporting event; penalty. Whoever directly or indirectly gives or promises to give any money or valuable thing as a bribe, present or reward to any person taking part or intending to take part, as a professional or amateur participant, in any baseball…

§ 702. Participant in sporting event soliciting or receiving bribe. Whoever takes part or expects to take part, in any baseball, football or basketball game, boxing match or other sporting contest as a professional or amateur participant, who shall solicit or receive, directly or…

§ 703. Bribing official of sporting event. Whoever directly or indirectly gives or promises to give any money or valuable thing as a bribe, present or reward to any person acting or intending to act as a referee, umpire, judge, timer, measurer or as an official for any purpose, f…

§ 704. Official of sporting event soliciting or receiving bribe. Whoever acting or intending to act as a referee, umpire, judge, timer, measurer or as an official for any purpose for any amateur or professional athletic or sporting game, match or contest, solicits or receives, di…

§ 705. Influencing result of horse race or harness horse race; penalty. (a) No person shall influence or attempt to influence the result of a race conducted by a licensee of the Delaware Harness Racing Commission or of the Delaware Racing Commission by: (1) Influencing or having …