Who Can Apply for a Charitable Gaming Permit

Volunteer fire companies, veterans organizations, religious or charitable organizations, and fraternal societies that have been in existence a minimum of two years may apply for a charitable gaming permit, provided:

• The net profits from the charitable gaming event are used solely for the achievement of the purpose of the organization as described in the organization’s by-laws

• The organization at the time of application is recognized by the Internal Revenue Service (IRS) as a charitable organization as described in Section 170 of the Internal Revenue Code.

You must receive your Charitable Gaming Event permit before advertising or holding the event.

What is Charitable Gaming?

State of Delaware law defines charitable gaming as “any game or scheme in which chance is the dominant factor in the game and a consideration is paid to play and a prize may be won”.  Acceptable games include draw poker, stud poker, blackjack and other similar card games, big six wheels and similar devices, dice games (other than craps), and horse racing games. Slot machines, roulette, craps and baccarat games are prohibited.

Do not apply for this Charitable Gaming Permit if you are applying for a Bingo, Instant or Sealed Games, Raffle or Texas Hold’Em tournament permit.

Limitations on Charitable Gaming Events

• Events are limited to six hours. Games may not begin prior to 12:00 p.m. and must end by 1:00 a.m.

• When a charitable gaming event is conducted in conjunction with a bazaar, carnival, festival or similar affair that is scheduled for more than one day but less than ten consecutive days, the function is considered to be one licensed event.

Information on How to Apply for a License in DELPROS

Applications are processed in DELPROS (Delaware Professional Regulation Online Services). The online license application process is simple and provides you with clear instructions throughout each stage of the application process. We strongly recommend that you understand what the requirements are for the license you are pursuing. Then, request and gather the documents you need before you begin the application process. Most of the information and forms are on this website. For further clarification of requirements, refer to your profession’s License Law and the Rules and Regulations.

In order to apply for a license or service request, you must have a DELPROS account. To create a new account or log into an existing DELPROS account, follow the instructions at the beginning of the application process. As part of the final steps of the application process, DELPROS instructs you to either “attach” or “upload” the required documents directly to your application and/or to “acknowledge” that you will either send them in yourself or make arrangements for “third-party” documents/forms to be sent to the Board office. Examples of “third-party forms” are transcripts from schools, employment verifications from a supervisor, and license verifications from another state. These forms usually require a signature, seal, or notary, therefore, must be mailed into the Board office directly. All documents received by mail are scanned and attached to the appropriate license records.

In DELPROS, you have the ability to save your application and return to it to edit/update information or upload documents for up to six months. However, if you do not submit your application within six months, you will have to restart your online application process. The Board office begins processing applications shortly after submission in the portal. You may check the status of your application in the DELPROS system throughout the whole process and we will correspond with you by email. The requirements for this license type are provided in the following section(s).

Requirements

In addition to submitting the application and fee in DELPROS, you must submit:

• A signed letter from the national or parent organization on its letterhead, specifically stating that your chapter is properly affiliated, AND
• A current copy of the parent organization’s IRS group exemption letter dated within the past 12 months if you are relying on a group exemption letter issued to a national or parent organization.

• A letter from the premises owner (on owner’s letterhead) allowing your organization to hold its event(s) on a specific date, OR
• a copy of your lease or rental agreement if the event will be held at any location other than the organization’s physical Delaware address.

The Board reserves the right to accept or reject any application for the conduct of a function on specially leased or donated premises.

• A letter on your organization’s letterhead designating the new Member(s)-In-Charge if a Member(s)-In-Charge has changed since your last application. The letter, signed by the organization’s officer, must grant the Member(s)-In-Charge authority to submit charitable gaming applications on behalf of the organization and to be responsible for all permitted charitable gaming events.

First-Time Charitable Gaming Permit Applicants

In addition to submitting the application, fee, and supporting documentation required in the previous section, in DELPROS, you must also submit:

• Documentation from the (IRS) dated within the past 12 months, showing proof of the following:
  • organization’s legal name
  • physical Delaware address
  • EIN or Federal ID Number
  • 501(c) IRS determination

• A copy of your organization’s formation documents (e.g.Articles of Incorporation, By-Laws, Constitution, Charter, etc.). The documentation submitted must include your organization’s purpose and/or mission statement.

• A notarized letter on your organization’s letterhead designating up to five Members-In-Charge of the charitable gaming event(s). The letter, signed by the officer of the organization, must grant the Member(s)-In-Charge the authority to submit applications on behalf of the organization and to be responsible for all permitted charitable gaming events.

Application Review Process

The Board will only review applications that meet all of the following requirements:

• The online application is submitted in DELPROS at least seven to ten business days in advance of the Board meeting.
• Your organization’s After Occasion Reports (AORs) are be up-to-date. AORs are due no later than 30 days after a gaming event. If your organization’s AORs for past events are overdue, the Board will not review your application for any future event.

If your proposed event date passes before the Board reviews and approves your application, you are not permitted to hold your event. If all event dates listed on your application pass before the Board reviews and approves them, you are not permitted to hold any of the events and you will forfeit the non-refundable processing fee.

You are not permitted to submit alternate event dates if all proposed dates pass before the Board reviews and approves it. You must submit a new application and processing fee for the alternate dates.