Legal Delaware Gambling

Delaware Gambling

What types of gambling are legal in Delaware?

Delaware has one of the largest selections of legalized gambling in the United States. It goes from common forms such as a state lottery and charity bingo up to full-service casinos and sports betting. Most of Delaware’s legalized gambling is regulated by the state lottery.

There are multiple forms of legalized online gambling in Delaware. These include horseracing, daily fantasy sports, online poker and online casino games.

This list shows the types of gambling found in Delaware and where to find it:

  • Horseracing (live, off-track and mobile)
  • Lottery (scratch-offs, keno and lotto sales at retailers)
  • Slots, video poker and table games (at the state’s three video lottery casinos)
  • Bingo and raffles (only at registered charities)
  • Poker (video lottery casinos and charities)
  • Online poker (through state lottery)
  • Online slots and video poker (through state lottery)
  • Online table games (through state lottery)
  • Daily fantasy sports (online only)

Online Gambling in Delaware

Delaware has one of the largest menus of legalized gambling in the United States. It all started with off-track mobile horseracing. Major apps like BetAmerica and TVG accept bettors from the state. Daily fantasy sports contests are legal. DraftKings, FanDuel and Yahoo accept players there.

Online poker and casino games are permitted with some restrictions. The game may only be offered through the Delaware Lottery. The games are spread through the websites of the branded video lottery casinos that are located at the state’s racetracks.

The online poker platform is managed by 888, which networks with the World Series of Poker brand to bring a platform consisting of residents from Delaware, New Jersey and New York.

888’s software is used for casino games, too. The selection is limited. It consists of a small slot menu, a video poker game, blackjack and roulette.

Delaware legalized daily fantasy sports in 2017. It licenses DraftKings, FanDuel and Yahoo to operate in the state.

Online Gambling Laws in Delaware

The first form of legalized online gambling in Delaware was horseracing. It was permitted through a policy change by the Delaware Thoroughbred Racing Commission under the Horseracing Act. Players must be at least 18 years of age.

Online poker and casino games came next. HB 333 was the law that allowed these games. It was signed into law on June 28, 2012. The games went live on November 8, 2013. While mobile sports betting is legal in Delaware, at this point, sports betting is only permitted at racinos and some lottery retailers. No mobile app is live in the state. Online poker and casino players, and sports betting app users when available, must be at least 21 years of age.

Delaware and Nevada entered into Multi-State Internet Gaming Agreement in 2014. This included framework for sharing online poker liquidity, including minimum regulatory standards and player protections. New Jersey later entered the pact. WSOP.com and the Delaware racinos created a network using 888 software that connects online poker players in these three states at the same tables.

The tax rate on online gambling is 100 percent of the first three million dollars annually. It drops to 43 percent on remaining gross gaming revenue.

Daily fantasy sports contests were legalized in 2017 through HB 249. It was signed into law on July 26 of that year. The law permits anyone 18 years of age or older in the state to play.

Land-based Casinos in Delaware

There are three land-based casinos in Delaware. Each has a horseracing track. All partner with the Delaware Lottery.

All typical casino games are found in Delaware. This includes slots, video poker, keno, live poker, blackjack, craps, roulette, baccarat, proprietary table games and electronic ones.

Delaware Casinos

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Casino Laws in Delaware

Delaware does not require a constitutional amendment to expand gambling if the state lottery regulates the activity. In 1994, video lottery was legalized at the state’s three racetracks. This was done through an amendment to Title 29 Chapter 48. This brought slots, video poker and electronic table games to the state.

The video lottery law was amended in 2010. This added live table games, including poker, blackjack, craps, roulette, Three Card Poker and Ultimate Texas Hold’em.

The minimum age for Delaware casinos is 21. The racetracks receive a 42 percent commission for operating the games. The remainder of the money is split between maintenance, administration, taxes and horsemen purses.

Sports Betting in Delaware

Sports betting in Delaware had three phases. In 1976, the state lottery sold parlay cards on NFL games. This lasted a single season. However, the state was exempted from the Professional and Amateur Sports Protection Act in 1992 due to this existing law, even though the games were dormant.

In 2009, Delaware attempted to expand sports betting to straight bets and exotics on all sports. The Third Circuit Court of Appeals ruled that the state could only offer the same betting as was available before the federal law took effect. The law stayed on the books and the Delaware Lottery sold parlay cards until the Act was overturned by the US Supreme Court in 2018.

There are two ways to make sports bets in Delaware. Parlay cards are sold at some Delaware Lottery retailers. Straight bets, all exotics, and all other sports, must be wagered at one of the state’s three racinos. These are Delaware Park, Dover Downs and Harrington Raceway.

Sports Betting Laws in Delaware

Title 29 Chapter 48 of the Delaware Code was amended in 1976 to add three or more team parlays on NFL games. This only lasted one season due to poor sales. However, the law remained on the books. It was amended again in 2009. The Third Circuit Court of Appeals struck it down as violating the Professional and Amateur Sports Protection Act. It remained on the books and became valid when New Jersey challenged the federal law to the Supreme Court and prevailed in having it overturned.

Delaware law permits a wide variety of sports for betting activities. The full menu of bet types is also allowed. NFL parlay cards may be purchased at some lottery retailers. Full-service sports betting is only available at the state’s three racinos. Mobile betting is legal. However, it has never launched.

Poker in Delaware

Live poker is legal in three forms in Delaware. The state’s three racinos have live poker rooms. Charities may also operate poker rooms. The state lottery has a poker site that networks with WSOP.com in Nevada and New Jersey.

All games are legal in Delaware poker rooms. There is no bet limit.

Delaware Poker Room List

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Poker Laws in Delaware

Live poker at the racinos was included in the 2010 table game expansion. Charities may spread Texas Hold’em poker games, including one tournament every 70 days. The maximum prize may not be higher than $5,000. The aggregate prize pool may not exceed $13,000.

Online poker was legalized under Title 29 Chapter 48 in the Delaware Code in 2012. It permits the lottery to spread online poker games and network with sites in other states.

Home Poker Games

The Delaware Constitutional outlaws all forms of gambling that are not related to charities, horseracing or the state lottery. There are no social gaming exceptions to this.

Fantasy Sports in Delaware

Delaware became the 14th state to legalize daily fantasy sports contests. This occurred in 2017. FanDuel and DraftKings, which had previously left the state, returned and received licensing. Delaware fantasy sports players may participate in any sport’s contests. However, it must be a professional event. College and high school contests are not permitted.

Fantasy Sports Laws in Delaware

The Delaware Interactive Fantasy Contests Act legalized the games in Delaware. It declared fantasy sports a game of skill. The state licensed DraftKing, FanDuel and Yahoo to operate in the state. Amateur sporting events, such as high school and college ones, are barred from Delaware fantasy sports games. Fantasy sports contest entrants must be at least 18 years of age.

Delaware Lottery

The Delaware Lottery manages most forms of legalized gambling in the state. The traditional games include instant games, lotto drawings and keno. There is also sports betting and video lottery games at the state’s three racinos.

The Delaware Lottery sells over 30 scratch-off games at any given time. Ticket prices start at $1 and run to $25. Keno games are held every four minutes most hours of the day. Ticket may be bought for $1 up to $20.

Seven lotto games are offered by the Delaware Lottery. Four are interstate pools. The other three are only played within Delaware.

Interstate Delaware Lotto Games

  • Lotto America
  • Lucky for Life
  • Mega Millions
  • Powerball

Intrastate Delaware Lotto Games

  • Play 3
  • Play 4
  • Multi-Win Lotto

Delaware Lottery Laws

The Delaware Lottery has been permitted in the state since its inception. The term was never defined. This left the door open for Delaware to permit any form of gambling under the authority of the lottery. It only needs an act by the state legislature.

On May 31, 1974, that happened. Title 29 Chapter 48 of the Delaware Code was created by the state legislature, giving the lottery authority to sell tickets to games of chance. The games were online the following year. In 1976, it was expanded to sports betting. Slots and video poker were added to the state’s racetracks in 1994. Table games were permitted in 2010. The Delaware Lottery was permitted to license online poker and casino games in 2012.

Delaware Racing

There are three racetracks in Delaware. Each race horses. These double as video lottery casinos with a sportsbook. The racetracks are at Delaware Park, Dover Downs and Harrington Raceway. There are live races and off-track betting parlors at each racetrack. Bets may be made on mobile apps throughout the state. Delaware mobile racing is offered through apps like TVG and BetAmerica.

Delaware Racing Laws

Delaware horseracing has been legal since it became a state. Like most other gambling, it is regulated through Title 29 Chapter 48 of the Delaware Code. The Thoroughbred Racing Commission was created by the state legislature in 1934. Its functions are defined in Delaware Code Title 3 Chapter 101.

Bets on horses are permitted at live races and simulcast ones. Mobile apps may be used if licensed by the racing commission. Bettors must be at least 18 years of age.

Delaware Skill-based Gaming Laws

Delaware gaming law does not address the definition of gambling in terms to its level of chance. This makes it difficult to address what is considered gambling in Delaware. Games of chance may only be offered by charities and the state lottery. One could conclude that games involving any degree of skill could find an exception to the state’s gambling laws.

eSports

eSports are not addressed in Delaware law. Its loose gambling definition, or lack thereof, would seem to open the door to make the activity more friendly than in other states. However, it is not offered on the betting menus at the state’s sportsbooks.

Traditional Games of Skill

Traditional games of skill are mostly legal in Delaware due to its lack of gambling definition. However, due to the lack of clarity in the law, sires like Worldwinner do not accept players from the state.

Skill-based Gaming Machines

Skill-based gaming machines are legal in Delaware at arcades. However, the machines are not licensed in the state’s casinos.

Delaware Charity Gambling Law

Charitable gaming was legalized in Delaware through a 1984 constitutional amendment. The Delaware Charitable Gambling Referendum passed 74 to 26.

Charities in four municipalities may offer gaming. The proceeds must benefit a registered charity, such as a volunteer fire department, veterans’ group, religious organization and traditional charities. The games are regulated under Title 28 Chapter 15 and the Board of Charitable Gaming. Bingo and raffle licenses cost $15 for each event. Raffles only need licensing for giveaways of over $5,000 or when entries are more than $5.

Charities may have poker nights. These may involve tournaments up to once every 70 days. The top prize may not be for more than $5,000. The cumulative prize pool may not exceed $13,000. Entrants is all forms of charitable gaming must be at least 18 years of age.

Delaware Gaming Regulatory Directory

Delaware Gambling FAQ

Does the Delaware Lottery permit anonymous winners?

The Delaware Lottery permits anonymous winners to claim jackpot prizes.

Are gambling winnings taxed in Delaware?

Yes. Gambling winnings are taxed at a rate of 2.2 percent up to 6.6 percent, depending on the filer’s annual income.

Is sports betting legal in Delaware?

Yes. NFL parlay cards may be purchased at some lottery retailers. Full-service sportsbooks that offer all sports and types of bets are open at the state’s three racetracks.

Is live poker legal in Delaware?

Yes. It may be played at the state’s three racinos or at charities.

Are home poker games legal in Delaware?

Presumably not, as no law exempts social gaming in the state.

What is the bet limit at poker in Delaware?

There are no bet limits at Delaware casinos.

Are live craps and roulette games legal at Delaware casinos?

Yes. All forms of table games are legal at the state’s racinos.

What casino games are legal in Delaware?

Slots, video poker, keno, live poker, electronic table games and live table games are all legal at the state’s racetrack casinos.

Are all Delaware casinos part of the video lottery?

Yes. The Delaware Lottery regulates and taxes these casinos, operated by the state’s racetracks.

Is online poker legal in Delaware?

Yes. The state lottery partnered with 888 and the three casino brands to offer legal online poker.

Is Delaware online poker networked with other states?

Yes. The lottery’s poker sites connect with WSOP.com in Nevada and New Jersey.

Are online casinos legal in Delaware?

Yes. These are downloaded from the racetrack’s websites.

What online casinos games are offered in Delaware?

Slots, video poker, blackjack and roulette are spread by the online lottery casinos.

Is mobile sports betting legal in Delaware?

Yes. However, it is not live. No licensed apps exist.

What company operates Delaware’s online gambling platforms?

888 is the company behind the Delaware Lottery’s online games.

Can I buy lottery tickets online in Delaware?

No. Lottery tickets may only be purchased at retailers.

Can I buy sports betting tickets at lottery retailers?

Some lottery retailers sell NFL parlay tickets. All other bets must be made at the state’s racetracks.

What company operates Delaware sports betting?

William Hill operates the sportsbooks in Delaware.

Is smoking permitted at Delaware casinos?

No. Delaware casinos are smoke-free.

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