Download as PDF
528.010 Definitions for chapter.
The following definitions apply in this chapter unless the context otherwise requires:
(1) "Advancing gambling activity" -- A person "advances gambling activity" when,
acting other than as a player, he engages in conduct that materially aids any
form of gambling activity. The conduct shall include, but is not limited to,
conduct directed toward the establishment of the particular game, contest,
scheme, device, or activity involved; toward the acquisition or maintenance of
premises, paraphernalia, equipment, or apparatus therefor; toward the
solicitation or inducement of persons to participate therein; toward the actual
conduct of the playing phases thereof; toward the arrangement of any of its
financial or recording phases or toward any other phase of its operation. A
person who gambles at a social game of chance on equal terms with other
participants does not otherwise advance gambling activity by performing acts,
without remuneration or fee, directed toward the arrangement or facilitation of
the game as inviting persons to play, permitting the use of premises therefor
and supplying equipment used therein.
(2) "Bookmaking" means advancing gambling activity by unlawfully accepting bets
upon the outcome of future contingent events from members of the public as a
business.
(3) (a) "Gambling" means staking or risking something of value upon the
outcome of a contest, game, gaming scheme, or gaming device which is
based upon an element of chance, in accord with an agreement or
understanding that someone will receive something of value in the event
of a certain outcome. A contest or game in which eligibility to participate is
determined by chance and the ultimate winner is determined by skill shall
not be considered to be gambling.
(b) Gambling shall not mean charitable gaming which is licensed and
regulated under the provisions of KRS Chapter 238.
(4) "Gambling device" means:
(a) Any so-called slot machine or any other machine or mechanical device an
essential part of which is a drum or reel with insignia thereon, and which
when operated may deliver, as a result of the application of an element of
chance, any money or property, or by the operation of which a person
may become entitled to receive, as the result of the application of an
element of chance, any money or property; or
(b) Any other machine or any mechanical or other device, including but not
limited to roulette wheels, gambling tables and similar devices, designed
and manufactured primarily for use in connection with gambling and
which when operated may deliver, as the result of the application of an
element of chance, any money or property, or by the operation of which a
person may become entitled to receive, as the result of the application of
an element of chance, any money or property;
(c) But, the following shall not be considered gambling devices within this
definition:
1.
Devices dispensing or selling combination or French pools on
licensed, regular racetracks during races on said tracks.
2.
(5)
(6)
(7)
Electro-mechanical
pinball
machines
specially
designed,
constructed, set up, and kept to be played for amusement only. Any
pinball machine shall be made to receive and react only to the
deposit of coins during the course of a game. The ultimate and only
award given directly or indirectly to any player for the attainment of a
winning score or combination on any pinball machine shall be the
right to play one (1) or more additional games immediately on the
same device at no further cost. The maximum number of free games
that can be won, registered, or accumulated at one (1) time in
operation of any pinball machine shall not exceed thirty (30) free
games. Any pinball machine shall be made to discharge
accumulated free games only by reactivating the playing mechanism
once for each game released. Any pinball machine shall be made
and kept with no meter or system to preserve a record of free games
played, awarded, or discharged. Nonetheless, a pinball machine
shall be a gambling device if a person gives or promises to give
money, tokens, merchandise, premiums, or property of any kind for
scores, combinations, or free games obtained in playing the pinball
machine in which the person has an interest as owner, operator,
keeper, or otherwise.
3.
Devices used in the conduct of charitable gaming.
"Lottery and gift enterprise" means:
(a) A gambling scheme in which:
1.
The players pay or agree to pay something of value for chances,
represented and differentiated by numbers or by combinations of
numbers or by some other media, one (1) or more of which are to be
designated the winning ones; and
2.
The ultimate winner is to be determined by a drawing or by some
other method based upon the element of chance; and
3.
The holders of the winning chances are to receive something of
value.
(b) A gift enterprise or referral sales plan which meets the elements of a
lottery listed in paragraph (a) of this subsection is to be considered a
lottery under this chapter.
"Mutuel" or "the numbers games" means a form of lottery in which the winning
chances or plays are not determined upon the basis of a drawing or other act
on the part of persons conducting or connected with the scheme, but upon the
basis of the outcome or outcomes of a future contingent event or events
otherwise unrelated to the particular scheme.
"Player" means a person who engages in any form of gambling solely as a
contestant or bettor, without receiving or becoming entitled to receive any profit
therefrom other than personal gambling winnings, and without otherwise
rendering any material assistance to the establishment, conduct, or operation
of the particular gambling activity. A person who engages in "bookmaking" as
defined in subsection (2) of this section is not a "player." The status of a
"player" shall be a defense to any prosecution under this chapter.
(8)
"Profiting from gambling activity" -- A person "profits from gambling activity"
when, other than as a player, he accepts or receives or agrees to accept or
receive money or other property pursuant to an agreement or understanding
with any person whereby he participates or is to participate in the proceeds of
gambling activity.
(9) "Something of value" means any money or property, any token, object, or
article exchangeable for money or property, or any form of credit or promise
directly or indirectly contemplating transfer of money or property or of any
interest therein, or involving extension of a service, entertainment, or a
privilege of playing at a game or scheme without charge.
(10) "Charitable gaming" means games of chance conducted by charitable
organizations licensed and regulated under the provisions of KRS Chapter 238.
Effective:March 16, 1994
History: Amended 1994 Ky. Acts ch. 66, sec. 19, effective March 16, 1994.
Amended 1992 Ky. Acts ch. 254, sec. 1, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 469, sec. 1, effective July 13, 1990. -- Amended 1988 Ky.
Acts ch. 423, sec. 1, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 188,
sec. 307; and ch. 267, sec. 9, effective July 15, 1980. -- Amended 1978 Ky. Acts
ch. 321, sec. 5, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406,
sec. 240, effective January 1, 1975.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.