KRS § 238.545 — KY Code / Title XIX / Chapter 238 / Section 238.545
238.545 Restrictions on frequency, prizes, and participants for various types of charitable gaming -- Limitations on charitable organizations that conduct charity fundraising events
Status: in_force

238.545 Restrictions on frequency, prizes, and participants for various types of

charitable gaming -- Limitations on charitable organizations that conduct

charity fundraising events.

(1) A licensed charitable organization shall be limited by the following:

(a) In the conduct of bingo, to one (1) session per day, three (3) sessions per

week, for a period not to exceed five (5) consecutive hours in any day and not

to exceed fifteen (15) total hours per week:

1. A licensed charitable organization shall not conduct bingo at more than

one (1) location during the same twenty-four (24) hour period;

2. A licensed charitable organization shall not 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; and

3. A person under the age of eighteen (18) shall not be permitted to

purchase bingo supplies or play bingo unless he or she is playing for

noncash prizes and is accompanied by a parent or legal guardian and

only if the value of any noncash prize awarded does not exceed ten

dollars ($10);

(b) 1. A licensed charitable organization may provide card-minding devices

for use by players of bingo games.

2. 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.

3. Subject to the authority of the corporation, the office shall have broad

authority to define and regulate the use of card-minding devices and the

corporation may 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 office:

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 office, only at the

address of the location designated on the license to conduct charitable gaming.

The corporation may promulgate administrative regulations regulating the use

and control of approved automated charity game ticket dispensers.

(2) (a) A prize for an individual charity game ticket shall not exceed five hundred

ninety-nine dollars ($599) in value, not including the value of cumulative or

carryover prizes awarded in seal card games.

(b) Cumulative or carryover prizes in seal card games shall not exceed two

thousand four hundred dollars ($2,400).

(c) 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

completion of the sale of each separate package shall satisfy this requirement.

(d) Any unclaimed money or prize shall return to the charitable organization.

(e) A paper charity game ticket shall not 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

office.

(f) An electronic pulltab device representation of a charity game ticket shall not

be sold in the Commonwealth of Kentucky that does not conform to the

construction standards set forth in an administrative regulation promulgated

by the corporation. Electronic pulltab devices shall only be used for charitable

gaming.

(g) A person under the age of eighteen (18) shall not be permitted to purchase, or

open in any manner, a charity game ticket.

(3) (a) Tickets for a raffle shall be sold separately, and each ticket shall constitute a

separate and equal chance to win.

(b) All raffle tickets shall be sold for the price stated on the ticket, and a person

shall not be required to purchase more than one (1) ticket or to pay for

anything other than a ticket to enter a raffle.

(c) Raffle tickets and tickets for charity fundraising raffle games approved by the

office which are offered exclusively at charity fundraising events and special

limited charity fundraising events are not required to be sold separately and

may be sold at discounted package rates.

(d) Raffle tickets shall have a unique identifier on each ticket.

(e) Winners shall be drawn at random at a date, time, and place announced in

advance or printed on the ticket.

(f) All prizes for a raffle shall be identified in advance of the drawing and all

prizes identified shall be awarded.

(4) With respect to charity fundraising events, a licensed charitable organization shall

be limited as follows:

(a) A licensed charitable organization shall not conduct a charity fundraising

event or a special limited charity fundraising event unless they have a license

for the respective event issued by the office;

(b) A special license shall not 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 office 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. A person under the age of eighteen (18)

shall not be permitted to play bingo at a charity fundraising event unless

accompanied by a parent or legal guardian;

(d) The office may grant approval for a licensed charitable organization to play

special limited charitable games at a charity fundraising event authorized

under this section. The office 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(11);

(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 eight (8) total charity

fundraising event licenses per year, including two (2) special limited charity

fundraising event licenses. A person under eighteen (18) years of age shall not

be allowed to play or conduct any special limited charitable game. Subject to

the authority of the corporation, the office shall have broad authority to

regulate the conduct of special limited charity fundraising events in

accordance with the provisions of KRS 238.547; and

(f) Charity fundraising events may be held:

1. On or in the premises of a licensed charitable organization;

2. In a licensed charitable gaming facility, subject to restrictions contained

in KRS 238.555(7); or

3. At an unlicensed facility which shall be subject to the requirements

stipulated in KRS 238.555(3), and subject to the restrictions contained in

KRS 238.547(2).

(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.