2013 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 charity fundraising events.
(1)
(2)
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 exceed ten (10) total hours per week. No licensed charitable
organization shall conduct bingo at more than one (1) location during the
same twenty-four (24) hour period. No licensed charitable organization
shall award prizes for bingo that exceed five thousand dollars ($5,000) in
fair market value per twenty-four (24) hour period, including the value of
door prizes. No person under the age of eighteen (18) shall be permitted
to purchase bingo supplies or play bingo. A charitable organization may
permit persons under age eighteen (18) to play bingo for noncash prizes if
they are accompanied by a parent or legal guardian and only if the value
of any noncash prize awarded does not exceed ten dollars ($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-minding devices for use by players, the devices shall be capable of
being used in conjunction with bingo cards or paper sheets at all times.
The department shall have broad authority to define and regulate the use
of card-minding devices and shall promulgate an administrative regulation
concerning use and 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:
1.
At any authorized special charity fundraising event conducted by a
licensed charitable organization at any off-site location; or
2.
By a licensed charitable organization possessing a special limited
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 address of the location designated on the license to conduct
charitable gaming, and only during bingo sessions. The department shall
promulgate administrative regulations regulating the use and control of
approved automated charity game ticket dispensers.
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 awarded in seal card games. Cumulative or carryover prizes in
seal card games shall not exceed two thousand four hundred dollars ($2,400).
Information concerning rules of the particular game and prizes that are to be
awarded in excess of fifty dollars ($50) in each separate package or series of
packages with the same serial number and all rules governing the handling of
cumulative or carryover prizes in seal card games shall be posted prominently
in an area where charity game tickets are sold. A legible poster that lists prizes
to be awarded, and on which prizes actually awarded are posted at the
(3)
(4)
completion of the sale of each separate package shall satisfy this requirement.
Any unclaimed money or prize shall return to the charitable organization. No
charity game ticket shall be sold in the Commonwealth of Kentucky that does
not conform to the standards for opacity, randomization, minimum information,
winner protection, color, and cutting established by the department. No person
under the age of eighteen (18) shall be permitted to purchase, or open in any
manner, a charity game ticket.
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 on the ticket, and no person shall be required to purchase more than
one (1) ticket or to pay for anything other than a ticket to enter a raffle. Raffle
tickets shall have a unique identifier for the ticket holder. Winners shall be
drawn at random at a date, time, and place announced in advance or printed
on the ticket. All prizes for a raffle shall be identified in advance of the drawing
and all prizes identified shall be awarded.
With respect to charity fundraising events, a licensed charitable organization
shall be limited as follows:
(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 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 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 played during a charity fundraising event may not exceed five
thousand dollars ($5,000) for the entire event. No person under the age of
eighteen (18) shall be permitted to play bingo at a charity fundraising
event unless 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 under this section. The department shall not grant approval for
the playing of special limited charitable games under the provisions of a
charity fundraising event license unless the proposed event meets the
definition of a charity fundraising event held for community, social, or
entertainment purposes apart 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 exceed seventy-two (72) consecutive hours. A licensed charitable
organization shall not be eligible for more than four (4) total charity
fundraising event licenses per year, including two (2) special limited
charity fundraising event licenses. No person under eighteen (18) years of
age shall be allowed to play or conduct any special limited charitable
game. The department shall have broad authority to regulate the conduct
of special limited charity fundraising 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 violation of age restrictions contained in this section, if the appearance
and character of the minor were such that his or her age could not be
reasonably ascertained by other means.
Effective:July 15, 2010
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 ch. 232, sec. 9, effective April 1, 1998. -- Amended 1996 Ky. Acts
ch. 331, sec. 9, effective April 10, 1996. -- Created 1994 Ky. Acts ch. 66,
sec. 10, effective March 16, 1994.
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