No person:

1. (1) Lawfully conducting or participating in the conduct of; or
2. (2) Possessing, selling or in any manner disposing of, any shares, tickets or rights to participate in; or
3. (3) Permitting the conduct upon any premises owned by the person or it, of any game conducted or under license issued pursuant to this chapter,

shall be liable to prosecution or conviction for violation of any of the provisions of the Delaware Code not contained in this chapter pertaining to gambling, but this immunity shall not extend to any person knowingly conducting or participating in any unlicensed game or in any game under any license obtained by any false pretense or statement made in any application for such license or otherwise, or possessing, selling or disposing of shares, tickets or rights to participate in, or permitting the conduct upon any premises owned by the person or it, of any game conducted under any license known to the person or it to have been obtained by any false or fraudulent pretense or statement.

28 Del. C. 1953, § 1150; 51 Del. Laws, c. 65, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 199, § 4