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238.510 Department of Charitable Gaming -- Commissioner -- Conflicts of
interest of staff -- Charitable gaming investigators.
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(5)
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The Department of Charitable Gaming is created as a department within the
Public Protection Cabinet. The department shall license and regulate the
conduct of charitable gaming and license and regulate charitable organizations
that desire to engage in charitable gaming, charitable gaming facilities,
manufacturers, and distributors in the Commonwealth of Kentucky in
accordance with the provisions of this chapter.
The department shall be headed by a commissioner who shall be appointed by
the Governor. The commissioner shall employ staff as may be necessary to
administer and enforce the provisions of this chapter.
All department staff shall be classified and employed in accordance with
applicable personnel requirements of the Personnel Cabinet in accordance
with KRS Chapter 18A.
No employee of the department during his or her term of employment shall be
an officer in a charitable organization that is licensed to conduct charitable
gaming or be involved in the conduct of charitable gaming as a member of a
licensed charitable organization. No employee of the department during his or
her term of employment shall be licensed as a manufacturer, distributor, or
charitable gaming facility, or have a financial interest in any business that is
licensed as a manufacturer, distributor, or charitable gaming facility.
The commissioner shall appoint charitable gaming investigators who shall have
the powers of peace officers throughout the Commonwealth; however, those
powers shall be limited to:
(a) Enforcement of the provisions of KRS Chapter 238, relating to charitable
gaming;
(b) Violations of KRS Chapter 528, relating to:
1.
Unlicensed and illegal charitable gaming;
2.
Gambling offenses committed on licensed charitable gaming
premises; and
3.
Gambling offenses committed in conjunction with charitable gaming;
(c) Violations of KRS Chapter 514, relating to theft, embezzlement, or other
illegal diversions of charitable gaming proceeds;
(d) Violations of KRS Chapters 516 and 517, relating to forgery and fraud in
the conduct of charitable gaming;
(e) Violations relating to the damage or destruction of real or personal
property owned or leased by a charitable gaming licensee; and
(f) Violation of any criminal felony offense committed:
1.
On licensed charitable gaming premises; and
2.
In the presence of a charitable gaming investigator.
Charitable gaming investigators shall satisfy the certification standards
established by the Department of Criminal Justice Training pursuant to KRS
Chapter 15. The commissioner may possess peace officer powers granted
under subsection (5) of this section, if he or she is duly qualified. Charitable
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gaming investigators shall not qualify for hazardous duty coverage under the
Kentucky Employees Retirement System.
Charitable gaming investigators so appointed shall not possess peace officer
powers other than those provided in subsection (5) of this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 534, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 374, sec. 3, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 154, sec. 87, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 331, sec. 3, effective April 10, 1996. -- Created 1994 Ky. Acts ch. 66,
sec. 3, effective March 16, 1994.
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