Ky. Rev. Stat. § 238.505

Current through 2024 Ky. Acts ch. 225

Section 238.505 - [Effective 7/1/2025] Definitions for chapter

As used in this chapter, unless the context requires otherwise:

(1) "Office" means the office regulating charitable gaming within the Kentucky Horse Racing and Gaming Corporation established by the president under KRS Chapter 230;

(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, or electronic pulltab device representations thereof, 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, both paper and electronic representations thereof;

(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 office 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, bazaars, and banquets. For the purposes of this subsection, "banquet" shall mean a formal meal or feast held by a charitable organization for community, social, or entertainment purposes apart from charitable gaming;

(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 gaming supplies and equipment purchased in bulk;

(10) "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 office.

(11) "Charitable gaming facility" means the premises on which charitable gaming is conducted;

(12) "Gross receipts" means all moneys collected or received from the conduct of charitable gaming;

(13) "Adjusted gross receipts" means gross receipts less all cash prizes and the amount paid for merchandise prizes purchased;

(14) "Net receipts" means adjusted gross receipts less all expenses, charges, fees, and deductions authorized under this chapter;

(15) "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;

(16) "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;

(17) "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 corporation;

(18) "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;

(19) "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;

(20) "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) "Board" means the board of directors of the Kentucky Horse Racing and Gaming Corporation;

(23) "Corporation" means the Kentucky Horse Racing and Gaming Corporation;

(24) "Manager" means the manager of the office regulating charitable gaming established by the president within the Kentucky Horse Racing and Gaming Corporation;

(25) "President" means the president of the Kentucky Horse Racing and Gaming Corporation;

(26) "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(13)(g);

(27) "Year" means calendar year except as used inKRS 238.535(11), 238.545(4), 238.547(1), and 238.555(7), when "year" means the licensee's license year;

(28) "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;

(29) "Electronic pulltab device" means an electronic device used only for charitable gaming to facilitate the play of an electronic pulltab. An electronic pulltab device shall be a tablet or other personal computing device, other than a mobile phone or similar handheld device, as approved by the office. An electronic pulltab device may only operate on a closed network or intranet that is confined to the licensee's premises, and shall not be Internet accessible by patrons, but shall be connected to a central server system solely for the purposes of monitoring, reporting, accounting, and software maintenance. An electronic pulltab 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; and

(30) "Electronic video gaming device," as used in this chapter and the related administrative regulations, means any device that possesses a video display and computer mechanism for playing a game. Electronic video gaming device shall not mean any electronic representation of charitable gaming games identified, defined, and approved by statute and by administrative regulation of the corporation.

KRS 238.505

Effective: April 8, 2021

Amended 2021 Ky. Acts ch. 200, sec. 1, effective April 8, 2021. -- Amended 2015 Ky. Acts ch. 45, sec. 1, effective June 24, 2015; ch. 59, sec. 1, effective June 24, 2015; and ch. 106, sec. 3, effective June 24, 2015. -- 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.

Amended by 2024 Ky. Acts ch. 171,§ 13, eff. 7/1/2025.

Amended by 2021 Ky. Acts ch. 200,§ 1, eff. 4/8/2021.

Amended by 2015 Ky. Acts ch. HB-525,§ 3, eff. 6/22/2015.

Amended by 2015 Ky. Acts ch. 59,§ 1, eff. 6/22/2015.

Amended by 2015 Ky. Acts ch. 45,§ 1, eff. 6/22/2015.

Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 533, effective7/15/2010. -- Amended 2007, Ky. Acts ch. 120, sec. 9, effective 6/26/2007. -- Amended 2000, Ky. Acts ch. 374, sec. 2, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 232, sec. 1, effective 4/1/1998. -- Amended 1996, Ky. Acts ch. 331, sec. 2, effective 4/10/1996. -- Created 1994 Ky. Acts ch. 66, sec. 2, effective 3/16/1994.

Legislative Research Commission Note (6/24/2015). 2015 HB 525, which became Acts ch. 106, proposed to amend this statute in Section 3 of that bill to incorporate earlier amendments made in 2015 SB 33, which became Acts ch. 59, and then amend this statute further. During codification, the Reviser of Statutes has corrected a manifest clerical or typographical error by supplying language contained in the earlier amendment that was overlooked and omitted from the HB 525 amendment.

This section is set out more than once due to postponed, multiple, or conflicting amendments.