2009 Kentucky Revised Statutes CHAPTER 238 CHARITABLE GAMING 238.545 Restrictions on frequency, prizes, and participants for various types of charitable gaming -- Limitations on charitable organizations that conduct charity fundraising events.
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238.545 Restrictions on frequency, prizes, and participants for various types of
charitable gaming -- Limitations on charitable organizations that conduct <br>charity fundraising events.
(1) A licensed charitable organization shall be limited by the following:
(a) In the conduct of bingo, to one (1) session per day, two (2) sessions per week,
for a period not to exceed five (5) consecutive hours in any day and not to <br>exceed ten (10) total hours per week. No licensed charitable organization shall <br>conduct bingo at more than one (1) location during the same twenty-four (24) <br>hour period. No licensed charitable organization shall award prizes for bingo <br>that exceed five thousand dollars ($5,000) in fair market value per twenty-four <br>(24) hour period, including the value of door prizes. No person under the age <br>of eighteen (18) shall be permitted to purchase bingo supplies or play bingo. A <br>charitable organization may permit persons under age eighteen (18) to play <br>bingo for noncash prizes if they are accompanied by a parent or legal guardian <br>and only if the value of any noncash prize awarded does not exceed ten dollars <br>($10);
(b) A licensed charitable organization may provide card-minding devices for use
by players of bingo games. If a licensed charitable organization offers card-<br>minding devices for use by players, the devices shall be capable of being used <br>in conjunction with bingo cards or paper sheets at all times. The department <br>shall have broad authority to define and regulate the use of card-minding <br>devices and shall promulgate an administrative regulation concerning use and <br>control of them;
(c) Charity game tickets shall be sold only at the address of the location
designated on the license to conduct charitable gaming;
(d) Charity game tickets may be sold, with prior approval of the department:
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At any authorized special charity fundraising event conducted by a <br>licensed charitable organization at any off-site location; or
2.
By a licensed charitable organization possessing a special limited <br>charitable gaming license at any off-site location; and
(e) An automated charity game ticket dispenser may be utilized by a licensed
charitable organization, with the prior approval of the department, only at the <br>address of the location designated on the license to conduct charitable gaming, <br>and only during bingo sessions. The department shall promulgate <br>administrative regulations regulating the use and control of approved <br>automated charity game ticket dispensers.
(2) No prize for an individual charity game ticket shall exceed five hundred ninety-nine
dollars ($599) in value, not including the value of cumulative or carryover prizes <br>awarded in seal card games. Cumulative or carryover prizes in seal card games shall <br>not exceed two thousand four hundred dollars ($2,400). Information concerning <br>rules of the particular game and prizes that are to be awarded in excess of fifty <br>dollars ($50) in each separate package or series of packages with the same serial <br>number and all rules governing the handling of cumulative or carryover prizes in
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seal card games shall be posted prominently in an area where charity game tickets <br>are sold. A legible poster that lists prizes to be awarded, and on which prizes <br>actually awarded are posted at the completion of the sale of each separate package <br>shall satisfy this requirement. Any unclaimed money or prize shall return to the <br>charitable organization. No charity game ticket shall be sold in the Commonwealth <br>of Kentucky that does not conform to the standards for opacity, randomization, <br>minimum information, winner protection, color, and cutting established by the <br>department. No person under the age of eighteen (18) shall be permitted to <br>purchase, or open in any manner, a charity game ticket.
(3) Tickets for a raffle shall be sold separately, and each ticket shall constitute a
separate and equal chance to win. All raffle tickets shall be sold for the price stated <br>on the ticket, and no person shall be required to purchase more than one (1) ticket or <br>to pay for anything other than a ticket to enter a raffle. Raffle tickets shall have a <br>unique identifier for the ticket holder. Winners shall be drawn at random at a date, <br>time, and place announced in advance or printed on the ticket. All prizes for a raffle <br>shall be identified in advance of the drawing and all prizes identified shall be <br>awarded.
(4) With respect to charity fundraising events, a licensed charitable organization shall
be limited as follows: <br>(a) No licensed charitable organization shall conduct a charity fundraising event
or a special limited charity fundraising event unless they have a license for the <br>respective event issued by the department;
(b) No special license shall be required for any wheel game, such as a cake wheel,
that awards only noncash prizes the value of which does not exceed one <br>hundred dollars ($100);
(c) The department may grant approval for a licensed charitable organization to
play bingo games at a charity fundraising event. Cash prizes for bingo games <br>played during a charity fundraising event may not exceed five thousand <br>dollars ($5,000) for the entire event. No person under the age of eighteen (18) <br>shall be permitted to play bingo at a charity fundraising event unless <br>accompanied by a parent or legal guardian;
(d) The department may grant approval for a licensed charitable organization to
play special limited charitable games at a charity fundraising event authorized <br>under this section. The department shall not grant approval for the playing of <br>special limited charitable games under the provisions of a charity fundraising <br>event license unless the proposed event meets the definition of a charity <br>fundraising event held for community, social, or entertainment purposes apart <br>from charitable gaming in accordance with KRS 238.505(8); and
(e) Except for state, county, city fairs, and special limited charity fundraising
events, a charity fundraising event license issued under this section shall not <br>exceed seventy-two (72) consecutive hours. A licensed charitable organization <br>shall not be eligible for more than four (4) total charity fundraising event <br>licenses per year, including two (2) special limited charity fundraising event <br>licenses. No person under eighteen (18) years of age shall be allowed to play
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or conduct any special limited charitable game. The department shall have <br>broad authority to regulate the conduct of special limited charity fundraising <br>events in accordance with the provisions of KRS 238.547.
(5) Presentation of false, fraudulent, or altered identification by a minor shall be an
affirmative defense in any disciplinary action or prosecution that may result from a <br>violation of age restrictions contained in this section, if the appearance and <br>character of the minor were such that his or her age could not be reasonably <br>ascertained by other means.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 543, effective July 15, 2010. -- Amended
2000 Ky. Acts ch. 374, sec. 11, effective July 14, 2000. -- Amended 1998 Ky. Acts <br>ch. 232, sec. 9, effective April 1, 1998. -- Amended 1996 Ky. Acts ch. 331, sec. 9, <br>effective April 10, 1996. -- Created 1994 Ky. Acts ch. 66, sec. 10, effective March <br>16, 1994.
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