KRS § 230.215 — KY Code / Title XIX / Chapter 230 / Section 230.215
230.215 Legislative purpose for chapter and KRS Chapter 238 -- Racing and gaming corporation's power to exclude undesirables -- Jurisdiction over sports wagering and charitable gaming
Status: in_force

230.215 Legislative purpose for chapter and KRS Chapter 238 -- Racing and

gaming corporation's power to exclude undesirables -- Jurisdiction over sports

wagering and charitable gaming.

(1) (a) It is the policy of the Commonwealth of Kentucky, in furtherance of its

responsibility to foster and to encourage legitimate occupations and industries

in the Commonwealth and to promote and to conserve the public health,

safety, and welfare, and it is hereby declared the intent of the Commonwealth

to foster and to encourage the horse breeding industry within the

Commonwealth and to encourage the improvement of the breeds of horses.

(b) Further, it is the policy and intent of the Commonwealth to foster and to

encourage the business of legitimate horse racing with pari-mutuel wagering

thereon in the Commonwealth on the highest possible plane. Further, it hereby

is declared the policy and intent of the Commonwealth that all racing not

licensed under this chapter is a public nuisance and may be enjoined as such.

(c) Further, it is hereby declared the policy and intent of the Commonwealth that

the conduct of horse racing, or the participation in any way in horse racing, or

the entrance to or presence where horse racing is conducted, is a privilege and

not a personal right; and that this privilege may be granted or denied by the

corporation or its duly approved representatives acting in its behalf.

(d) Further, it is hereby declared the policy and intent of the Commonwealth that

citizens shall be allowed to enjoy wagering on sporting events in a controlled

environment that protects the citizens from cheating and fraud, and that such

wagering shall be best controlled and overseen by the Kentucky Horse Racing

and Gaming Corporation, which has demonstrated a long and successful

history of regulating wagering.

(e) Further, it is hereby declared the policy and intent of the Commonwealth that

charitable gaming conducted by charitable organizations is an important

method of raising funds for legitimate charitable purposes and is in the public

interest. The intent of this chapter and KRS Chapter 238 is to prevent the

commercialization of charitable gaming, to prevent participation in charitable

gaming by criminal and other undesirable elements, and to prevent the

diversion of funds from legitimate charitable purposes, and that charitable

gaming shall be overseen by the Kentucky Horse Racing and Gaming

Corporation.

(f) It is hereby declared the intent of the Commonwealth to vest in the

corporation the power to regulate the industries under its jurisdiction and

ensure compliance, transparency, and protection of the public in accordance

with applicable law.

(2) (a) It is hereby declared the purpose and intent of this chapter in the interest of

the public health, safety, and welfare, to vest in the corporation forceful

control of horse racing in the Commonwealth with power to promulgate

administrative regulations prescribing conditions under which all legitimate

horse racing and wagering thereon is conducted in the Commonwealth so as

to encourage the improvement of the breeds of horses in the Commonwealth,

to regulate and maintain horse racing at horse race meetings in the

Commonwealth of the highest quality and free of any corrupt, incompetent,

dishonest, or unprincipled horse racing practices, and to regulate and maintain

horse racing at race meetings in the Commonwealth so as to dissipate any

cloud of association with the undesirable and maintain the appearance as well

as the fact of complete honesty and integrity of horse racing in the

Commonwealth.

(b) In addition, it is hereby declared the purpose and intent of this chapter to vest

in the corporation exclusive jurisdiction over sports wagering in the

Commonwealth, with power to promulgate administrative regulations

prescribing conditions under which all sports wagering is to be conducted.

(c) In addition to the general powers and duties vested in the corporation by this

chapter, it is the intent hereby to vest in the corporation the power to eject or

exclude from association grounds or any part thereof any person, licensed or

unlicensed, whose conduct or reputation is such that his or her presence on

association grounds may, in the opinion of the corporation, reflect on the

honesty and integrity of horse racing or interfere with either the orderly

conduct of horse racing or the orderly conduct of sports wagering.

(d) In addition, it is hereby declared the purpose and intent of this chapter to vest

in the corporation exclusive jurisdiction over charitable gaming in the

Commonwealth, with power to promulgate administrative regulations

prescribing conditions under which all charitable gaming is to be conducted.

(e) In addition to the general powers and duties vested in the corporation by this

chapter, it is the intent hereby to vest in the corporation the power to eject or

exclude from charitable gaming facilities or any part thereof any person,

licensed or unlicensed, whose conduct or reputation is such that his or her

presence at a charitable gaming facility may, in the opinion of the corporation,

reflect on the honesty and integrity of charitable gaming or interfere with the

orderly conduct of charitable gaming.