TITLE 3

Agriculture

Horse Racing

CHAPTER 101. HORSE RACING

Subchapter III. Regulatory Provisions, Offenses and Penalties


(a) Racing under this chapter shall be limited to animals of the equine species.

(b) No part of this chapter shall be construed to apply to racing conducted by an agricultural fair association nor to harness horse races, except as provided in subsection (e) of this section, nor shall any part of this chapter apply to races at which no admission is charged or at which no form of income by gift, admission or otherwise is received and for which no purse, stake or reward in cash or the equivalent of cash is offered, nor shall any part of this chapter be construed to apply to any annual, single day steeplechase racing event conducted by a nonprofit organization which has conducted such races since 1978 and where no form of wagering, pool-making or betting is permitted or conducted thereat.

(c) A trophy, other than cash or the equivalent of cash, shall not be deemed a purse, stake or reward within the meaning of this section.

(d) The Commission shall in all cases determine whether any trophy, reward, purse or stake offered for any race is cash or the equivalent of cash.

(e) 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.

38 Del. Laws, c. 62, §§ 10, 15; Code 1935, §§ 5505, 5509; 43 Del. Laws, c. 242; 28 Del. C. 1953, § 341; 64 Del. Laws, c. 21, §§ 1, 2; 68 Del. Laws, c. 84, § 173(a); 75 Del. Laws, c. 13, § 1.;

Ten days before any racing meet may be held under this chapter, the person licensed to conduct the racing 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.

38 Del. Laws, c. 62, § 7; Code 1935, § 5502; 41 Del. Laws, c. 219, § 1; 28 Del. C. 1953, § 343; 68 Del. Laws, c. 84, § 173(a).;

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.

38 Del. Laws, c. 62, § 10; Code 1935, § 5505; 43 Del. Laws, c. 242; 28 Del. C. 1953, § 344; 68 Del. Laws, c. 84, § 173(a).;

(a) No race shall be authorized or permitted for a purse, stake or reward of less than $700 except in the event of a split race, in which case the purse, stake or reward shall be equally divided.

(b) Plate value, if any, shall be considered as a part of the purse, stake or reward.

38 Del. Laws, c. 62, § 10; Code 1935, § 5505; 43 Del. Laws, c. 242; 28 Del. C. 1953, § 345; 68 Del. Laws, c. 84, § 173(a).;

(a) Whoever aids or abets in the conduct of any meet within this State at which racing of horses is permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Commission, shall be fined not less than $500 nor more than $10,000 for each day of such unauthorized meeting or imprisoned for such term as the court in its discretion may determine.

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

(c) The Governor may, upon the request of the Commission, order the Superintendent of State Police to assign a sufficient number of patrolmen to prevent horse racing at any track, a license for which has been refused, suspended or revoked by the Commission.

38 Del. Laws, c. 62, § 14; Code 1935, § 5508; 28 Del. C. 1953, § 346; 68 Del. Laws, c. 84, § 173(a).;

(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.

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

38 Del. Laws, c. 62, § 12; Code 1935, § 5506; 43 Del. Laws, c. 242; 28 Del. C. 1953, § 347; 57 Del. Laws, c. 741, § 31B; 68 Del. Laws, c. 84, § 173(a).;

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, the following rules shall apply:

(1) As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall conduct live racing operations on at least 100 days, or such fewer number of days to which the licensee and the organization that represents the majority of owners and trainers racing at the licensee's racetrack agree in writing. In December of each year, the licensee will submit to the Delaware Thoroughbred Racing Commission proposed racing days for the following year. Each licensee shall also employ during the live racing operations a minimum of 100 additional employees than the average daily number employed during the most recent racing meet held prior to July 16, 1994. The licensee's continued failure to substantially comply with this requirement after notice from the Director shall constitute grounds for revocation or suspension of the video lottery agent's license.

(2) An amount determined pursuant to § 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 with the Horsemen's Association recognized for the purposes related to the allocation of purses, provided that all 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.

69 Del. Laws, c. 446, § 20; 79 Del. Laws, c. 144, § 1; 79 Del. Laws, c. 158, § 1.;

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, the following rules shall apply:

(1) As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall conduct live racing operations on at least 100 days, or such fewer number of days to which the licensee and the organization that represents the majority of owners and trainers racing at the licensee's racetrack agree in writing. In December of each year, the licensee will submit to the Delaware Thoroughbred Racing Commission proposed racing days for the following year. Each licensee shall also employ during the live racing operations a minimum of 100 additional employees than the average daily number employed during the most recent racing meet held prior to July 16, 1994. The licensee's continued failure to substantially comply with this requirement after notice from the Director shall constitute grounds for revocation or suspension of the video lottery agent's license.

(2) An amount determined pursuant to § 4815(b)(4) 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 with the Horsemen's Association recognized for the purposes related to the allocation of purses, provided that all 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.

69 Del. Laws, c. 446, § 20; 79 Del. Laws, c. 144, § 1; 79 Del. Laws, c. 158, § 1; 79 Del. Laws, c. 311, § 1.;