KRS § 238.505 — KY Code / Title XIX / Chapter 238 / Section 238.505
238.505 Definitions for chapter
Status: in_force

238.505 Definitions for chapter.

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

(1) "Adjusted gross receipts" means gross receipts less all cash prizes and the amount

paid for merchandise prizes purchased;

(2) "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;

(3) "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;

(4) "Board" means the board of directors of the Kentucky Horse Racing and Gaming

Corporation;

(5) "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;

(6) "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);

(7) "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;

(8) "Charitable gaming facility" means the premises on which charitable gaming is

conducted;

(9) "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;

(10) "Charitable organization" means a nonprofit entity organized for charitable,

religious, educational, literary, civic, fraternal, or patriotic purposes;

(11) "Charity fundraising event" means an activity of limited duration at which games of

chance approved by the corporation 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;

(12) "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;

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

(14) "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 corporation;

(15) "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;

(16) "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 corporation. 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;

(17) "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;

(18) "Gross receipts" means all moneys collected or received from the conduct of

charitable gaming;

(19) "Immediate family" means:

(a) Spouse and parents-in-law;

(b) Parents and grandparents;

(c) Children and their spouses; and

(d) Siblings and their spouses;

(20) "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;

(21) "Net receipts" means adjusted gross receipts less all expenses, charges, fees, and

deductions authorized under this chapter;

(22) "Office" means the office regulating charitable gaming within the Kentucky Horse

Racing and Gaming Corporation established by the president under KRS Chapter

230;

(23) "President" means the president of the Kentucky Horse Racing and Gaming

Corporation;

(24) "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;

(25) "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;

(26) "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;

(27) "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;

(28) "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; and

(29) "Year" means calendar year except as used in KRS 238.535(11), 238.545(4),

238.547(1), and 238.555(7), when "year" means the licensee's license year.