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238.505 Definitions for chapter.
As used in this chapter, unless the context requires otherwise: <br>(1) "Department" means the Department of Charitable Gaming within the Public
Protection Cabinet;
(2) "Charitable gaming" means bingo, charity game tickets, raffles, and charity
fundraising events conducted for fundraising purposes by charitable organizations <br>licensed and regulated under the provisions of this chapter. "Charitable gaming" <br>shall not include slot machines, electronic video gaming devices, wagering on live <br>sporting events, or simulcast broadcasts of horse races;
(3) "Charitable organization" means a nonprofit entity organized for charitable,
religious, educational, literary, civic, fraternal, or patriotic purposes;
(4) "Bingo" means a specific game of chance in which participants use cards or paper
sheets, or card-minding device representations thereof, divided into horizontal and <br>vertical spaces, each of which is designated by a letter and a number, and prizes are <br>awarded on the basis of the letters and numbers on the card conforming to a <br>predetermined and preannounced configuration of letters and numbers selected at <br>random;
(5) "Charity game ticket" means a game of chance using a folded or banded paper
ticket, or a paper card with perforated break-open tabs, the face of which is covered <br>or otherwise hidden from view to conceal a number, letter, symbol, or set of <br>numbers, letters, or symbols, some of which have been designated in advance as <br>prize winners and shall include charity game tickets that utilize a seal card. "Charity <br>game ticket" shall include pulltabs;
(6) "Seal card" means a board or placard used in conjunction with charity game tickets,
that contains a seal or seals which, when removed or opened, reveal predesignated <br>winning numbers, letters, or symbols;
(7) "Raffle" means a game of chance in which a participant is required to purchase a
ticket for a chance to win a prize, with the winner to be determined by a random <br>drawing;
(8) "Charity fundraising event" means an activity of limited duration at which games of
chance approved by the department are conducted, including bingo, raffles, charity <br>game tickets, special limited charitable games, and wagering on prerecorded horse <br>races, KRS Chapter 230 notwithstanding. Examples of such activities include <br>events that attract patrons for community, social, and entertainment purposes apart <br>from charitable gaming, such as fairs, festivals, carnivals, licensed charitable <br>gaming organization conventions, and bazaars;
(9) "Manufacturer" means a person who assembles from raw materials or subparts any
charitable gaming equipment or supplies used in the conduct of charitable gaming, <br>including a person who converts, modifies, and adds to or removes parts from, <br>charitable gaming equipment and supplies. The term shall not include: <br>(a) Any person who services or repairs charitable gaming supplies and equipment,
so long as that person replaces or repairs an incidental, malfunctioning, or <br>nonfunctioning part with a similar or identical part; and
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(b) Any distributor who cuts, collates, and packages for distribution any gaming
supplies and equipment purchased in bulk;
(10) "Distributor" means a person who sells, markets, leases, or otherwise furnishes to a
charitable organization charitable gaming equipment or supplies, or both, used in <br>the conduct of charitable gaming. "Distributor" shall not include: <br>(a) A resident printer who prints raffle tickets at the request of a licensed
charitable organization; and
(b) A licensed charitable organization that affects a one-time donation of
charitable gaming supplies or equipment to another licensed charitable <br>organization if the donation is first approved by the department.
(11) "Charitable gaming facility" means a person, including a licensed charitable
organization, that owns or is a lessee of premises which are leased or otherwise <br>made available to two (2) or more licensed charitable organizations during a one (1) <br>year period for the conduct of charitable gaming;
(12) "Gross receipts" means all moneys collected or received from the conduct of
charitable gaming;
(13) "Adjusted gross receipts" means gross receipts less all cash prizes and the amount
paid for merchandise prizes purchased;
(14) "Net receipts" means adjusted gross receipts less all expenses, charges, fees, and
deductions authorized under this chapter;
(15) "Charitable gaming supplies and equipment" means any material, device, apparatus,
or paraphernalia customarily used in the conduct of charitable gaming, including <br>bingo cards and paper, charity game tickets, and other apparatus or paraphernalia <br>used in conducting games of chance at charity fundraising events subject to <br>regulation under this chapter. The term shall not include any material, device, <br>apparatus, or paraphernalia incidental to the game, such as pencils, daubers, playing <br>cards, or other supplies that may be purchased from normal sources of supply;
(16) "Door prize" means a prize awarded to a person based solely upon the person's
attendance at an event or the purchase of a ticket to attend an event;
(17) "Special limited charitable game" means roulette; blackjack; poker; keno; money
wheel; baccarat; pusher-type games; any dice game where the player competes <br>against the house; and any other game of chance as identified, defined, and <br>approved by administrative regulation of the department;
(18) "Special limited charity fundraising event" means any type of charity fundraising
event, commonly known as and operated as a "casino night," "Las Vegas night," or <br>"Monte Carlo night," at which the predominant number or types of games offered <br>for play are special limited charitable games;
(19) "Session or bingo session" means a single gathering at which a bingo game or series
of successive bingo games are played, excluding bingo played at a charity <br>fundraising event;
(20) "Immediate family" means:
(a) Spouse and parents-in-law;
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(b) Parents and grandparents; <br>(c) Children and their spouses; and <br>(d) Siblings and their spouses;
(21) "Affiliate" means any corporation, partnership, association, or other business or
professional entity or any natural person that directly or indirectly, through one or <br>more intermediaries, controls, or is controlled by, or is under common control with <br>a licensed manufacturer, distributor, or charitable gaming facility;
(22) "Secretary" means the secretary of the Public Protection Cabinet; <br>(23) "Commissioner" means the commissioner of the Department of Charitable Gaming
within the Public Protection Cabinet;
(24) "Chairperson" means the chief executive officer and any officer, member, or
employee of a licensed charitable organization who will be involved in the <br>management and supervision of charitable gaming as designated in the <br>organization's charitable gaming license application under KRS 238.535(9)(g);
(25) "Year" means calendar year except as used in KRS 238.545(4), 238.547(1), and
238.555(7), when "year" means the licensee's license year; and
(26) "Card-minding device" means any mechanical, electronic, electromechanical, or
computerized device that is interfaced with or connected to equipment used to <br>conduct a game of bingo and that allows a player to store, display, and mark a bingo <br>card face. A card-minding device shall not be designed and manufactured to <br>resemble any electronic gaming device that utilizes a video display monitor, such as <br>a video lottery terminal, video slot machine, video poker machine, or any similar <br>video gaming device.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 533, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 120, sec. 9, effective June 26, 2007. -- Amended 2000 Ky. Acts <br>ch. 374, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 232, sec. 1, <br>effective April 1, 1998. -- Amended 1996 Ky. Acts ch. 331, sec. 2, effective April <br>10, 1996. -- Created 1994 Ky. Acts ch. 66, sec. 2, effective March 16, 1994.
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