TITLE 28

Sports and Amusements

CHAPTER 9. Miscellaneous Provisions

Subchapter I. General Provisions

§ 901. License for shows and other exhibitions.

(a) Whoever for money or other reward in any city or town in this State exhibits any images or pageantry, sleight of hand, tricks, puppet shows, circus, any feats of balancing, personal agility, strength or dexterity, or any theatrical exhibition, without a license first obtained as provided in this section shall forfeit and pay to the city or town a fine as set by the city or town.

(b) The mayor of any city, the commissioners of any town, or if there are no commissioners, any justice of the peace residing in or nearest to such town, may grant a license for such exhibitions on receiving for the use of the city or town such sum as they deem proper, not less than $5.00, for every such exhibition.

(c) Whoever wilfully suffers any unlicensed exhibition to be had or made in any house or upon any premises in the person’s possession shall pay to the city or town a fine as set by the city or town.

(d) This section does not extend to any permanently established museum, nor to any merely literary, scientific or musical exhibition.

Code 1852, §§  883-886;  Code 1915, §§  3436, 3437;  Code 1935, §§  3896, 3897;  28 Del. C. 1953, §  901;  64 Del. Laws, c. 310, §§  1, 284 Del. Laws, c. 42, § 136

§ 902. Exclusion of offensive patrons [Repealed].
15 Del. Laws, c. 194, §  2;  Code 1915, §  3576;  Code 1935, §  4070;  28 Del. C. 1953, §  902;  70 Del. Laws, c. 186, §  1repealed by 84 Del. Laws, c. 31, § 2, effective May 16, 2023.

§ 903. Shooting galleries; regulations; penalties.

(a) No person shall keep a gallery or booth or other convenience for the purpose of target shooting or other trials of skill by the use of firearms within the borders of any town or city, or within 300 yards of any road or public passway, within this State, or at any place of public resort, unless the gallery or booth or other convenience is enclosed with walls not less than 10 feet in height and not less than 4 inches in thickness sufficient to prevent ball or shot from the firearms from escaping from or passing through the gallery or booth.

(b) No person apparently under the influence of intoxicating liquor, a person with a mental disability or otherwise incapacitated shall be allowed by such keeper to participate in the target shooting or other trials of skill by the use of firearms in such gallery, booth or other convenience.

(c) Whoever violates this section, shall be fined not less than $50, nor more than $200, 1/2 of which shall go to the person informing and the other 1/2 to the General Fund of this State, and in default of the payment of the fine shall be imprisoned for not less than 1 nor more than 3 months.

19 Del. Laws, c. 266, §§  1-3;  Code 1915, §§  3457-3459;  Code 1935, §§  3927-3929;  28 Del. C. 1953, §  903;  49 Del. Laws, c. 57, §  179 Del. Laws, c. 371, §  29

§ 904. Antique slot machines.

No person shall offer or make available any slot machine as a form of public amusement or entertainment. An individual may, however, possess and privately use antique slot machines if such machines are not used for gambling purposes. For purposes of this section, a slot machine is an antique slot machine if such machine is at least 25 years old.

68 Del. Laws, c. 252, §  3

§ 905. Bowling alleys.

Any person of a good moral character may keep and maintain a bowling alley or tenpin alley. The bowling alley or tenpin alley shall be kept in an orderly manner. It may not be used for purposes of gambling but simply as a means of recreation and exercise.

11 Del. Laws, c. 432, §  1;  Code 1915, §  3571;  Code 1935, §  4062;  28 Del. C. 1953, §  905; 

§ 906. Prohibition of horse racing on Good Friday or Easter Sunday.

There shall be no horse racing of any kind on Good Friday or Easter Sunday.

28 Del. C. 1953, §  906;  59 Del. Laws, c. 25, §  1

§ 907. Liability insurance required of automobile race operator; penalty.

(a) Every person who is engaged in the business of conducting motor vehicle races, or who is required to be licensed as an “automobile race operator” pursuant to § 2301(a) of Title 30 shall carry comprehensive general liability insurance to protect persons sustaining bodily injury or property damage while on the premises, with the exception of participants and their employees and employees of agents of the track and/or the operator. The amount of coverage to be so provided shall not be less than $100,000 per person, or $500,000 per occurrence. Property damage insurance shall be maintained in the amount of $25,000 per occurrence. A current policy and certificate of insurance shall be kept at the office of the person in the business and on file with the State Insurance Commissioner.

(b) Whoever violates any provision of this section shall be fined not less than $2,000, nor more than $5,000, proceeds to go to the General Fund of this State.

(c) Nothing contained in subsection (b) of this section shall be construed to relieve any person from tort liability.

(d) The Superior Court of this State shall have exclusive original jurisdiction of any violation of this section, notwithstanding any provision of the Delaware Code to the contrary.

28 Del. C. 1953, §  907;  57 Del. Laws, c. 696.