How to get a gambling licence in Delaware: fees and steps
Delaware does not run an open, competitive online gambling licence. The Lottery, not a private licensee, is the operator: it contracts a single primary technology provider to power the entire state platform, and the three racinos act as its licensed video lottery agents.
ResearchedResearched from the sources cited below. An in-depth review of Delaware is available on request. Request it
Since August 2023 that vendor is Rush Street Interactive, running the BetRivers platform, which replaced the 2013 to 2023 arrangement built on 888, Scientific Games (now Light & Wonder) and IGT. A new operator cannot obtain an independent Delaware online licence. The only realistic route in is to win the Lottery competitive procurement to be its platform vendor, or to subcontract to that vendor.
This guide covers getting licensed. For running the business, tax, advertising, bonus rules, payments and enforcement, see the Delaware operator overview; for whether it is legal and safe to play, the Delaware player guide.
The model: a state monopoly, not a licence you can apply for
Delaware online gambling is operated by the state. Under 29 Del. C. § 4826 the Director of the Lottery is authorised to operate an Internet Lottery, which by definition covers internet ticket games, the internet video lottery (online slots) and internet table games. There is no commercial iGaming operator licence to apply for, because the Lottery itself is the operator.
- The Lottery runs a single, unified state platform. All online casino, poker and sports wagering in Delaware flow through one Lottery-contracted system, not through competing licensed brands.
- The three racinos are "video lottery agents": they hold the customer-facing sites and physical casinos, but they operate under the Lottery, not under independent online licences.
- One primary technology provider powers the whole state. The Lottery selects it through a public procurement (RFP), not through an open licensing window that any operator can enter.
- This differs from New Jersey, Pennsylvania or Michigan, where many private operators each hold their own online licence. Delaware has one operator: the state.
Governing law and who regulates
The Delaware Gaming Competitiveness Act of 2012, signed by Governor Jack Markell on 28 June 2012, authorised internet gaming under the control of the Delaware Lottery. It is codified in 29 Del. C. Chapter 48 (Lotteries).
| Body / instrument | Role |
|---|---|
| Delaware Lottery Office (State Lottery Office, Dept. of Finance) | The operator and licensing authority. Runs the Internet Lottery, selects the technology provider, licenses agents and suppliers, sets the Internet Lottery Rules. |
| Delaware Division of Gaming Enforcement | Integrity and background-investigation function supporting the Lottery: vets applicants, key persons and suppliers, monitors game integrity. |
| 29 Del. C. § 4826 (Internet lottery) | Core enabling section: authorises the Director to operate the Internet Lottery and mandates player physical-presence verification. |
| 29 Del. C. § 4803 (definitions) | Defines "Internet Lottery", "Internet table games", "video lottery agent", "technology provider" and "sports lottery". |
| Internet Lottery Rules and Regulations | Lottery rules operationalising registration, geolocation, accounts, supplier licensing and responsible gaming. |
- Statutory geolocation: § 4826 provides that no Internet Lottery game may be conducted unless the equipment can verify the player is physically present in the State of Delaware at the time of play.
- Delaware went live first: online casino and poker launched on 4 November 2013, ahead of New Jersey, so Delaware was the first US state with full-scale real-money internet gambling.
- The sports lottery (29 Del. C. Ch. 48) is also a Lottery product; Delaware ran a parlay sports lottery for years and, after Murphy v. NCAA (2018), expanded to single-game and (from December 2023) mobile sports wagering, again through the Lottery vendor.
Laws that apply
- Delaware Gaming Competitiveness Act of 2012 (signed 28 June 2012, Gov. Jack Markell)
- 29 Del. C. Chapter 48 (Lotteries) · esp. § 4826 (Internet lottery) and § 4803 (definitions)
- Delaware State Lottery Office Internet Lottery Rules and Regulations
- Delaware Video Lottery / sports lottery provisions, 29 Del. C. Ch. 48 · state procurement code, 29 Del. C. Ch. 69
The only entry route: the Lottery procurement (current vendor RSI / BetRivers)
Because there is no open licence, the commercial prize is the prime technology-provider contract. The Lottery awards it by competitive procurement under 29 Del. C. Ch. 69. Whoever wins runs the entire state online platform for the contract term.
| Period | Prime vendor / platform | Notes |
|---|---|---|
| 2013 to 2023 | 888 Holdings (casino & poker platform), under Scientific Games / now Light & Wonder as prime, with IGT video-lottery content | The original build. All three racinos shared one 888 platform and a single in-state player pool. |
| Aug 2023 onward | Rush Street Interactive (RSI), BetRivers platform | Won the re-procurement. Soft launch 27 December 2023, then fully live across all three racino sites plus the BetRivers mobile app. |
- RSI contract term: an initial 5 years, renewable in additional 1-year increments up to 5 more years (10 years maximum), subject to regulatory approval.
- It is effectively exclusive: RSI is the state single online-gaming and mobile-sports vendor. In the 2023 procurement RSI was the lone bidder after 888 withdrew its tender.
- Under RSI the market grew sharply: reported online casino net proceeds rose from the low-tens-of-millions to roughly $85.5M in FY2025.
- Practical takeaway: a would-be entrant must either prepare to bid when the RSI contract next re-tenders (window opens toward the end of the initial / renewal term), or become a licensed sub-supplier to the incumbent vendor.
The three racino agents
Only Delaware's three racinos may act as the Lottery's online agents. They are the licensed video lottery agents that hold a horse-racing or harness-racing meet licence under Chapter 48; the online product runs through their branded websites on the single state platform.
| Racino | Location | Note |
|---|---|---|
| Delaware Park Casino | Wilmington | Largest of the three by online share. |
| Bally's Dover Casino Resort | Dover | Formerly Dover Downs; rebranded to Bally's. |
| Harrington Raceway & Casino | Harrington | Harness-racing racino. |
- There are no other agents. The agent slots are fixed to the existing racinos by statute, so this is not a route a newcomer can buy into except by acquiring or contracting with one of the three.
- Each racino fronts its own iGaming and sports website, but they all sit on the one Lottery-contracted platform and share the responsible-gaming and self-exclusion infrastructure.
Supplier licensing: technology provider vs service provider
The one place a private company can actually hold a Delaware credential is as a licensed supplier to the Lottery ecosystem. The Lottery recognises two supplier classes: the technology provider (the platform / games) and the service provider (ancillary support). These are supplier licences, not operator licences.
| Class | What it covers | Licence fee | Term |
|---|---|---|---|
| Technology provider | Supplies the hardware, software and expertise to operate the gaming platform: player-account management and game content. | $4,000 (initial and renewal) | No fixed term; annual updates filed |
| Service provider | Ancillary support not affecting game outcomes; triggered at $100,000 or more in any 12-month period to a single technology provider. | $2,000 (initial and renewal) | Five years |
- The technology-provider licence does not entitle you to be selected: § 4826 makes clear that licensing a technology provider does not require the Director to select it under the Ch. 69 procurement. You still have to win the RFP.
- A bond in a Lottery-determined amount is required for both classes.
- Vetting: all applicants and key persons submit fingerprints and government-issued photo ID and disclose criminal / civil history, employment background and conflicts of interest; the applicant covers investigative costs.
- Reciprocity: an entity that already holds a Delaware video lottery licence does not need a separate technology-provider licence.
The revenue model: a statutory split, not a tax
Because the state is the operator, Delaware does not levy a gambling "tax" on a private licensee. Instead net online-gaming proceeds are divided by a statutory / contractual revenue split among the state (General Fund via the Lottery), the horse-racing purses, and the racino agents (whose share funds the platform vendor).
| Online product | State | Horse-racing purses | Casinos / agents |
|---|---|---|---|
| Internet video lottery (online slots) | 43.5% | 10% | 46.5% |
| Internet table games | 29.4% | 4.5% | 66.1% |
- The split mirrors Delaware land-based video-lottery economics: the state takes a large slice of online slots, a smaller slice of table games, with a fixed cut ring-fenced for racing purses.
- Online poker is a rounding error in the mix (well under 1% of proceeds); slots dominate, table games second.
- Market scale is small: total online net proceeds were roughly $85.5M in FY2025, with the state share on the order of tens of millions. Delaware is the first-mover but the smallest of the regulated US iGaming markets.
- The vendor is paid out of the agents / operator side of the split rather than by a separate line-item fee; exact vendor economics sit inside the confidential RSI contract.
Technical rules: 21+, in-state geolocation, one player pool
The Internet Lottery is closed and intrastate. Play is limited to registered adults physically located in Delaware, verified in real time, on equipment operated under the Lottery Office control.
- Age: players must be 21 or older to open an account and wager on online casino, poker or sports.
- Physical presence: § 4826 forbids any Internet Lottery game unless the system can verify the player is physically present in Delaware at the time of play; geolocation runs on every session.
- Single account, single pool: each racino site sits on the one state platform, so the online casino / poker liquidity is a single intrastate pool (historically shared, and Delaware has at times shared poker liquidity with other states via interstate compact).
- Registration: identity and age verification and a funded account are required; the gaming system, records and equipment operate under the Lottery control and are subject to inspection. Server / primary-equipment siting is governed by the Lottery rules and the vendor contract.
Responsible gaming and self-exclusion
The Lottery runs a statewide self-exclusion program covering every channel: the three racinos, their iGaming websites, and the Lottery iGaming / sports mobile app.
- Enrolment is in person at the Delaware Lottery Office (1575 McKee Road, Suite 102, Dover, DE 19904); appointments on (302) 744-1669.
- Exclusion terms: a minimum of one year, five years, or lifetime; lifetime is permanent. Reinstatement after a fixed term is requested in person.
- Teeth: a self-excluded person who enters a gaming area or plays commits a Class A misdemeanour, any winnings collected while excluded are subject to forfeiture, and comps / free play are barred.
- Standard responsible-gaming features apply: problem-gambling helpline signposting, account limits and the 21+ gate throughout the product.
Sports wagering (also a Lottery monopoly)
Sports betting in Delaware is likewise a Lottery product, not an open licence. Delaware ran an NFL parlay lottery for years, added single-game wagering at the racinos after the 2018 Supreme Court decision, and launched mobile sports betting in December 2023 through the same vendor.
- The mobile sportsbook is BetRivers, operated by RSI as the Lottery vendor; it is the state lone legal mobile sports-betting app.
- Same 21+ and in-state geolocation rules apply as for online casino.
- A 2024 legislative push to allow multiple sports-betting vendors surfaced but did not displace the single-vendor model; assume one Lottery vendor unless and until the statute changes.
Enforcement and market context
Enforcement flows from the monopoly itself: any online casino, poker or sportsbook not operated by the Lottery through its contracted vendor and racino agents is unlawful in Delaware. The Division of Gaming Enforcement supports integrity and background investigations.
- Because there is only one lawful operator, there is no "grey licensing" path; offering unlicensed online gambling to Delaware residents is a criminal and regulatory matter, not a competitive alternative.
- Market reality: Delaware is the smallest US regulated iGaming market. It was first (2013) but is dwarfed by New Jersey, Pennsylvania and Michigan; RSI roughly tripled online-casino revenue after 2023, yet the absolute pool is small.
- Strategic read for operators: unless you can win a state procurement or supply the incumbent, Delaware is a market to serve as a technology / content sub-supplier, not one to enter as a brand.
Step-by-step to a live operation
There is no operator-licence application to walk through, so the route for a company that wants into Delaware online is to qualify as a supplier, then either win the Lottery procurement or subcontract to the vendor that did. Run the corporate / integrity workstream in parallel with platform certification.
- 01
Accept the structure: monopoly, no open licence
29 Del. C. § 4826
Confirm the strategic premise before spending: Delaware online is a Lottery-operated monopoly with one prime technology vendor and three fixed racino agents. There is no commercial iGaming operator licence to apply for. Your goal is the vendor contract or a sub-supply role, not a licence.
- 02
Pick your lane: prime vendor bid or sub-supplier
Ch. 69 procurement vs supplier licence
Decide whether you are chasing the prime technology-provider contract (win the Lottery RFP, run the whole state platform) or positioning as a licensed service / content supplier to the incumbent prime (currently RSI / BetRivers). The two paths need different capital, timing and pitch.
- 03
Prepare the corporate and integrity dossier
Division of Gaming Enforcement vetting
Assemble beneficial-ownership, corporate and financial records, and be ready for fingerprint-based background checks and disclosure of criminal / civil history, employment and conflicts for the company and its key persons. The applicant covers investigative costs.
- 04
Apply for the supplier licence you need
Technology provider $4,000 · service provider $2,000
File for a technology-provider licence ($4,000, no fixed term, annual updates) if you intend to supply the platform / games, or a service-provider licence ($2,000, five-year term) if you will bill $100,000+ in 12 months to a single technology provider for ancillary services. Post the Lottery-determined bond.
- 05
Certify the platform and game content
Lottery / independent testing
Have the platform, RNG and game content certified to Delaware standards through independent testing, and agree to modify technology to meet Lottery requirements, maintain operating records and permit inspection. Certification is a prerequisite to both the RFP and any sub-supply.
- 06
Build geolocation, age and account controls
21+ · in-state presence · single account
Implement real-time geolocation that blocks any session where the player is not physically present in Delaware (§ 4826), a hard 21+ age gate, KYC identity verification and single-account controls on the intrastate player pool.
- 07
Wire in self-exclusion and responsible gaming
Statewide program · 1yr / 5yr / lifetime
Integrate the Lottery statewide self-exclusion register so an excluded person cannot register, deposit or play across the racino sites and the mobile app, enforce winnings forfeiture and comp / free-play blocks, and ship the RG limits and helpline signposting.
- 08
Win the Lottery procurement (the actual award)
RFP under 29 Del. C. Ch. 69
To be the prime, respond to the Lottery Internet Lottery / sports-wagering RFP when it opens (the RSI contract runs an initial 5 years with up to five 1-year renewals, so the realistic window is toward the end of that term). A supplier licence alone never obliges the Director to select you.
- 09
Or subcontract to the incumbent vendor
Sub-supply to RSI / BetRivers
If you are not the prime, land a content or service agreement with the current vendor (RSI) or a racino agent. This is the faster, more realistic route for most operators and studios, and it is the reason the service-provider licence exists.
- 10
Operate under the revenue split and ongoing compliance
State 43.5% slots / 29.4% table
Once live, run under the statutory revenue split (state / racing purses / agents) rather than a licensee tax, file the annual supplier updates, keep the platform certified, and maintain geolocation, AML / KYC, self-exclusion and reporting to Lottery standards for the life of the contract.
Source ledger
Tier-ordered: official government first, then practitioner, then trade media. Every primary figure was read from the in-force text on 28 Jul 2026.
- Official: government
- Official: government
- Official: government
- Official: government
- Official: government
- Official: government
- Official: government
- Practitioner: law firms
- Practitioner: law firms
- Trade media
- Trade media
- Trade media
- Trade media
- Trade media
- Trade media
- Trade media
Informational research product, not legal advice. The revenue-split percentages and supplier fees are set by statute and by a confidential vendor contract, and change over time: the 43.5% / 10% / 46.5% (slots) and 29.4% / 4.5% / 66.1% (table) figures and the $4,000 / $2,000 supplier fees are the best current reading. Confirm them with the Delaware Lottery Office and qualified Delaware counsel before any bid or filing.