AN ACT relating to charitable gaming.

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AN ACT relating to charitable gaming. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 238.545 is amended to read as follows: 3
(1) A licensed charitable organization shall be limited by the following: 4
(a) In the conduct of bingo, to one (1) session per day, three (3) sessions per 5
week, for a period not to exceed five (5) consecutive h ours in any day and not 6
to exceed fifteen (15) total hours per week: 7
1. A licensed charitable organization shall not conduct bingo at more than 8
one (1) location during the same twenty-four (24) hour period; 9
2. A licensed charitable organization shall not award prizes for bingo that 10
exceed five thousand dollars ($5,000) in fair market value per twenty -11
four (24) hour period, including the value of door prizes; and 12
3. A person under the age of eighteen (18) shall n ot be permitted to 13
purchase bingo supplies or play bingo unless he or she is playing for 14
noncash prizes and is accompanied by a parent or legal guardian and 15
only if the value of any noncash prize awarded does not exceed ten 16
dollars ($10); 17
(b) 1. A licensed charitable organization may provide card -minding devices 18
for use by players of bingo games. 19
2. If a licensed charitable organization offers card -minding devices for use 20
by players, the devices shall be capable of being used in conjunction 21
with bingo cards or paper sheets at all times. 22
3. Subject to the authority of the corporation, the office shall have broad 23
authority to define and regulate the use of card -minding devices and the 24
corporation may promulgate an administrative regulation concerning use 25
and control of them; 26
(c) Charity game tickets shall be sold only at the address of the location 27
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designated on the license to conduct charitable gaming; 1
(d) Charity game tickets may be sold, with prior approval of the office: 2
1. At any authorized special charity fundraising event conducted by a 3
licensed charitable organization at any off-site location; or 4
2. By a licensed charitable organization possessing a special limited 5
charitable gaming license at any off-site location; and 6
(e) An automated charity game tick et dispenser may be utilized by a licensed 7
charitable organization, with the prior approval of the office, only at the 8
address of the location designated on the license to conduct charitable gaming. 9
The corporation may promulgate administrative regulations regulating the use 10
and control of approved automated charity game ticket dispensers. 11
(2) (a) A prize for an individual charity game ticket shall not exceed two thousand 12
dollars ($2,000) [five hundred ninety -nine dollars ($599)] in value, not 13
including the value of cumulative or carryover prizes awarded in seal card 14
games. 15
(b) Cumulative or carryover prizes in seal card games shall not exceed two 16
thousand four hundred dollars ($2,400). 17
(c) Information concerning rules of the particular game and prizes that a re to be 18
awarded in excess of fifty dollars ($50) in each separate package or series of 19
packages with the same serial number and all rules governing the handling of 20
cumulative or carryover prizes in seal card games shall be posted prominently 21
in an area where charity game tickets are sold. A legible poster that lists prizes 22
to be awarded, and on which prizes actually awarded are posted at the 23
completion of the sale of each separate package shall satisfy this requirement. 24
(d) Any unclaimed money or prize shall return to the charitable organization. 25
(e) A paper charity game ticket shall not be sold in the Commonwealth of 26
Kentucky that does not conform to the standards for opacity, randomization, 27
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minimum information, winner protection, color, and cutting established by the 1
office. 2
(f) An electronic pulltab device representation of a charity game ticket shall not 3
be sold in the Commonwealth of Kentucky that does not conform to the 4
construction standards set forth in an administrative regulation promulgated 5
by the corporation. Electronic pulltab devices shall only be used for charitable 6
gaming. 7
(g) A person under the age of eighteen (18) shall not be permitted to purchase, or 8
open in any manner, a charity game ticket. 9
(3) (a) Tickets for a raffle shall be sold sepa rately, and each ticket shall constitute a 10
separate and equal chance to win. 11
(b) All raffle tickets shall be sold for the price stated on the ticket, and a person 12
shall not be required to purchase more than one (1) ticket or to pay for 13
anything other than a ticket to enter a raffle. 14
(c) Raffle tickets and tickets for charity fundraising raffle games approved by the 15
office which are offered exclusively at charity fundraising events and special 16
limited charity fundraising events are not required to be sold se parately and 17
may be sold at discounted package rates. 18
(d) Raffle tickets shall have a unique identifier on each ticket. 19
(e) Winners shall be drawn at random at a date, time, and place announced in 20
advance or printed on the ticket. 21
(f) All prizes for a raff le shall be identified in advance of the drawing and all 22
prizes identified shall be awarded. 23
(4) With respect to charity fundraising events, a licensed charitable organization shall 24
be limited as follows: 25
(a) A licensed charitable organization shall not co nduct a charity fundraising 26
event or a special limited charity fundraising event unless they have a license 27
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for the respective event issued by the office; 1
(b) A special license shall not be required for any wheel game, such as a cake 2
wheel, that awards only noncash prizes the value of which does not exceed 3
one hundred dollars ($100); 4
(c) The office may grant approval for a licensed charitable organization to pla y 5
bingo games at a charity fundraising event. Cash prizes for bingo games 6
played during a charity fundraising event may not exceed five thousand 7
dollars ($5,000) for the entire event. A person under the age of eighteen (18) 8
shall not be permitted to play b ingo at a charity fundraising event unless 9
accompanied by a parent or legal guardian; 10
(d) The office may grant approval for a licensed charitable organization to play 11
special limited charitable games at a charity fundraising event authorized 12
under this sec tion. The office shall not grant approval for the playing of 13
special limited charitable games under the provisions of a charity fundraising 14
event license unless the proposed event meets the definition of a charity 15
fundraising event held for community, soci al, or entertainment purposes apart 16
from charitable gaming in accordance with KRS 238.505(11); 17
(e) Except for state, county, city fairs, and special limited charity fundraising 18
events, a charity fundraising event license issued under this section shall not 19
exceed seventy -two (72) consecutive hours. A licensed charitable 20
organization shall not be eligible for more than eight (8) total charity 21
fundraising event licenses per year, including two (2) special limited charity 22
fundraising event licenses. A person under eighteen (18) years of age shall not 23
be allowed to play or conduct any special limited charitable game. Subject to 24
the authority of the corporation, the office shall have broad authority to 25
regulate the conduct of special limited charity fundraising e vents in 26
accordance with the provisions of KRS 238.547; and 27
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(f) Charity fundraising events may be held: 1
1. On or in the premises of a licensed charitable organization; 2
2. In a licensed charitable gaming facility, subject to restrictions contained 3
in KRS 238.555(7); or 4
3. At an unlicensed facility which shall be subject to the requirements 5
stipulated in KRS 238.555(3), and subject to the restrictions contained in 6
KRS 238.547(2). 7
(5) Presentation of false, fraudulent, or altered identification by a minor shal l be an 8
affirmative defense in any disciplinary action or prosecution that may result from a 9
violation of age restrictions contained in this section, if the appearance and 10
character of the minor were such that his or her age could not be reasonably 11
ascertained by other means. 12