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Delaware Laws | Title 28 Sports and Amusements
CHAPTER 4. HORSE RACING IN KENT COUNTY
Subchapter I. License to Conduct Racing Meet; Taxes

(28 Del. C. 1953, Sec. 410; 56 Del. Laws, c. 119.) (400)

(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 persons performing any duty or work in connection with the holding of the meet and excepting admissions of spouses of jockeys, owners and trainers of horses participating in the meet. The licensee may collect such amount from each ticket holder in addition to the amount charged for the ticket of admission. (401)

(b) Accurate records and books shall at all times be kept and maintained by the licensee showing the number of admissions, employees of the licensee and spouses of jockeys, owners and trainers of horses excepted, for each racing day of each horse racing meet. The Secretary of the Department of Finance, or the Secretary's duly authorized representative, shall at all reasonable times have access to the admission records of any licensee for the purpose of examining and checking the same and ascertaining whether or not the proper amount has been, or is being, paid to the State. The Secretary of the Department of Finance may also, from time to time, require sworn statements of the number or numbers of such admissions and prescribe blanks upon which the reports shall be made. (402)

(28 Del. C. 1953, Sec. 411; 56 Del. Laws, c. 119; 57 Del. Laws, c. 741, Sec. 32B; 70 Del. Laws, c. 186, Sec. 1.) (403)

Subchapter II. Regulatory Provisions, Offenses and Penalties (404)(Text)

Sec. 421. Application of chapter; simulcasts of races. (405)(Text)

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 within the enclosure of any horse race meeting shall constitute horse racing within said enclosure. (406)

(28 Del. C. 1953, Sec. 421; 56 Del. Laws, c. 119; 57 Del. Laws, c. 229; 64 Del. Laws, c. 21, Sec. 3.) (407)

Sec. 422. Liability insurance of licensee. (408)(Text)

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 insurance shall be in an amount approved by the Commission with premium prepaid. (409)

(28 Del. C. 1953, Sec. 422; 56 Del. Laws, c. 119.) (410)

Sec. 423. Limitation on compensation that may be paid by licensee. (411)(Text)

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 the holding of the racing meet or in the maintenance of the racing plant. (412)

(28 Del. C. 1953, Sec. 423; 56 Del. Laws, c. 119.) (413)

Sec. 424. Enforcement. (414)(Text)

All officers of the law shall cooperate with the Commission for the proper enforcement of this chapter. (415)

(28 Del. C. 1953, Sec. 424; 56 Del. Laws, c. 119.) (416)

Sec. 425. Aiding or abetting unlicensed meet; penalty. (417)(Text)

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, except in accordance with a license duly issued and unsuspended or unrevoked by the Commission, shall be fined not less than $500 and not more than $10,000 for each day of such unauthorized meeting, or imprisoned. (418)

(28 Del. C. 1953, Sec. 425; 56 Del. Laws, c. 119.) (419)

Sec. 426. Failure of licensee to pay tax on admissions; penalty. (420)(Text)

(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 due the Secretary of the Department of Finance. (421)

(b) All fines up to the amount found to be due the Secretary of the Department of Finance and paid into court by a licensee guilty of violating this section shall be transmitted and paid over by the clerk of the court to the Secretary of the Department of Finance. (422)

(28 Del. C. 1953, Sec. 426; 56 Del. Laws, c. 119; 57 Del. Laws, c. 741, Sec. 32B.) (423)

Sec. 427. Restrictions on licensee acting as video lottery agent. (424)(Text)

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 this chapter, an amount calculated pursuant to Sec. 4815(b)(3) of Title 29 shall be added to the purses for the races to be held at the licensee's racetrack. The allocation of said sums among the races to be held at the licensee's racetrack shall be in accordance with contracts currently in force, or with the horse racing association recognized for purposes related to the allocation of purses, if applicable; provided, that all of such sums shall have been allocated no later than the end of the calendar year immediately following the calendar year of receipt of said sums by the licensee. (425)

(69 Del. Laws, c. 446, Sec. 21.) (426)

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 within the enclosure of any horse race meeting shall constitute horse racing within said enclosure. (427)

(28 Del. C. 1953, Sec. 421; 56 Del. Laws, c. 119; 57 Del. Laws, c. 229; 64 Del. Laws, c. 21, Sec. 3.) (428)

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 insurance shall be in an amount approved by the Commission with premium prepaid. (429)

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