Download as PDF
238.505 Definitions for chapter.
As used in this chapter, unless the context requires otherwise:
(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 licensed and regulated under the provisions of this chapter.
"Charitable gaming" shall not include slot machines, electronic video gaming
devices, wagering on live 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 vertical spaces, each of which is designated by a letter and a
number, and prizes are awarded on the basis of the letters and numbers on the
card conforming to a predetermined and preannounced configuration of letters
and numbers selected at 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 or otherwise hidden from view to conceal a number, letter, symbol, or
set of numbers, letters, or symbols, some of which have been designated in
advance as prize winners and shall include charity game tickets that utilize a
seal card. "Charity 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 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 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 game tickets, special limited charitable games, and wagering on
prerecorded horse races, KRS Chapter 230 notwithstanding. Examples of such
activities include events that attract patrons for community, social, and
entertainment purposes apart from charitable gaming, such as fairs, festivals,
carnivals, licensed charitable 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, including a person who converts, modifies, and adds to or removes
parts from, charitable gaming equipment and supplies. The term shall not
include:
(a) Any person who services or repairs charitable gaming supplies and
equipment, so long as that person replaces or repairs an incidental,
malfunctioning, or nonfunctioning part with a similar or identical part; and
(b) Any distributor who cuts, collates, and packages for distribution any
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
gaming supplies and equipment purchased in bulk;
"Distributor" means a person who sells, markets, leases, or otherwise furnishes
to a charitable organization charitable gaming equipment or supplies, or both,
used in the conduct of charitable gaming. "Distributor" shall not include:
(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
organization if the donation is first approved by the department.
"Charitable gaming facility" means a person, including a licensed charitable
organization, that owns or is a lessee of premises which are leased or
otherwise made available to two (2) or more licensed charitable organizations
during a one (1) year period for the conduct of charitable gaming;
"Gross receipts" means all moneys collected or received from the conduct of
charitable gaming;
"Adjusted gross receipts" means gross receipts less all cash prizes and the
amount paid for merchandise prizes purchased;
"Net receipts" means adjusted gross receipts less all expenses, charges, fees,
and deductions authorized under this chapter;
"Charitable gaming supplies and equipment" means any material, device,
apparatus, or paraphernalia customarily used in the conduct of charitable
gaming, including bingo cards and paper, charity game tickets, and other
apparatus or paraphernalia used in conducting games of chance at charity
fundraising events subject to regulation under this chapter. The term shall not
include any material, device, apparatus, or paraphernalia incidental to the
game, such as pencils, daubers, playing cards, or other supplies that may be
purchased from normal sources of supply;
"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;
"Special limited charitable game" means roulette; blackjack; poker; keno;
money wheel; baccarat; pusher-type games; any dice game where the player
competes against the house; and any other game of chance as identified,
defined, and approved by administrative regulation of the department;
"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 "Monte Carlo night," at which the predominant number or
types of games offered for play are special limited charitable games;
"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 fundraising event;
"Immediate family" means:
(a) Spouse and parents-in-law;
(b) Parents and grandparents;
(c) Children and their spouses; and
(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 more intermediaries, controls, or is controlled by, or is under common control
with a licensed manufacturer, distributor, or charitable gaming facility;
(22) "Secretary" means the secretary of the Public Protection Cabinet;
(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
management and supervision of charitable gaming as designated in the
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 conduct a game of bingo and that allows a player to store, display, and mark
a bingo card face. A card-minding device shall not be designed and
manufactured to resemble any electronic gaming device that utilizes a video
display monitor, such as a video lottery terminal, video slot machine, video
poker machine, or any similar video gaming device.
Effective:July 15, 2010
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 ch. 374, sec. 2, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 232, sec. 1, effective April 1, 1998. -- Amended 1996 Ky. Acts ch. 331,
sec. 2, effective April 10, 1996. -- Created 1994 Ky. Acts ch. 66, sec. 2, effective
March 16, 1994.
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.