2023 Delaware Code › Title 29 - State Government › Chapter 48. LOTTERIES › Subchapter I. State Lottery › § 4819. Restrictions on location and use of video lottery and sports lottery machines; fees [Effective until May 25, 2024].

§ 4819. Restrictions on location and use of video lottery and sports lottery machines; fees [Effective until May 25, 2024].
(a) Video lottery machines and table game equipment shall only be located within the confines of an existing racetrack property in this State on which was conducted in 1993 either a horse racing meet pursuant to Title 3 or Title 28 or a harness horse racing meet pursuant to Title 3 and/or such immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing; and provided further, that video lottery machines, sports lottery machines and table game equipment shall not be located in a hotel, motel or other overnight sleeping facility.
(b) In respect of any pari-mutuel harness racing or pari-mutuel horse racing property the racing operations on which were lawful under any county or municipal zoning ordinance as of January 1, 1993, the use of video lottery machines pursuant to the provisions of this act on such property and/or on any immediately adjacent property or properties that are owned by, or immediately adjacent properties that may be acquired by, the video lottery licensee authorized to conduct such horse racing or harness racing shall not be deemed to change the character of such lawful land use and such use of video lottery machines shall not be prohibited by any such county or municipal zoning ordinance, including amendments thereto.
(c) Video lottery machines and sports lottery machines shall be connected to the lottery's central computer system, except when used for promotional tournaments in which players are not required to pay any fee to participate.The specific hours of operation for each video lottery agent are subject to the recommendation of the Lottery Director and the approval of the Secretary of Finance.
(d) (1) Except as otherwise provided in paragraph (d)(2) of this section, for the privilege of hosting the operation of table games, the State shall collect from the video lottery agents for the benefit of the General Fund, for each fiscal year after June 30, 2023, license fees totaling $3,000,000, to be paid June 1, and to be allocated among the video lottery agents offering table games as follows:
Each video lottery agent's license fee shall be the portion of $3,000,000 that is equal to the percentage of gross table game revenue generated at that video lottery facility in the calendar year immediately preceding the license fee due date out of the total gross table game revenue generated at all video lottery facilities in the calendar year immediately preceding the license fee due date.
(2) Except as otherwise provided in this paragraph (d)(2), each video lottery agent shall be permitted for purposes of this subsection to reduce the license fee it would otherwise owe for that year pursuant to paragraph (d)(1) of this section by the amount of qualified investments made in the calendar year ending the immediately preceding December 31 by the video lottery agent in the competitiveness of its facilities and business in excess of the amounts required to receive the video lottery agent's qualified capital expenditure adjustment provided for in § 4815(b)(3)a. of this title, if such qualified investments are increased by the amount of such video lottery agent's proportional share of the $3,000,000 license fee. If amounts incurred or paid in any year exceed the 3% required for the adjustment under § 4815(b)(3)a.1 of this title and are utilized for a reduction in license fees required by this section, the amount used to reduce the license fee under this paragraph (d)(2) may not also be carried forward under § 4815(b)(3)a.3. of this title. The video lottery agents shall provide the Director and the Controller General annually an accounting of the qualified investments made pursuant to this paragraph. The accounting of qualified investments must be provided simultaneously with the submission of any application for license fee reduction or other document seeking to utilize the license fee reduction permitted by this paragraph. The Director and the Controller General must both approve the accounting of qualified investments before a license fee reduction under this section is allowed.
a., b. [Repealed.]
(3) The license fee reduction authorized in paragraph (d)(2) of this section may be claimed only by a video lottery agent for a video lottery facility for which there has been no change in beneficial ownership during the calendar year for which the fee reduction is sought.
69 Del. Laws, c. 446, §  18;  74 Del. Laws, c. 53, §  4;  75 Del. Laws, c. 229, §  5;  76 Del. Laws, c. 156, §§  2, 3;  76 Del. Laws, c. 283, §  5;  77 Del. Laws, c. 28, §§  16-18;  77 Del. Laws, c. 219, §§  13, 14;  78 Del. Laws, c. 285, §  10;  81 Del. Laws, c. 287, § 8;  84 Del. Laws, c. 32, § 2;