238.540 Restrictions on location for charitable gaming -- Display of license --
602 words·~3 min read·
/ky/238-540A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Conduct and management -- Prohibited donated prizes -- Advertising.
(1)Charitable gaming shall be conducted by a licensed charitable organization at the
location, date, and time which shall be stated on the license. The licensee shall
request a change in the date, time, or location of a charitable gaming event by mail,
electronic mail, or facsimile transmission, and shall submit a lease and an original
signature of an officer. The office shall process this request and issue or deny a
license within ten
(10)days.
(2)All premises or facilities on which or in which charitable gaming is conducted shall
meet all applicable federal, state, and local code requirements relating to life, safety,
and health.
(3)A license to conduct charitable gaming shall be prominently displayed on or in the
premises where charitable gaming is conducted, in a conspicuous location that is
readily accessible to gaming patrons as well as employees of the office, law
enforcement officials, and other interested officials.
(4)At least one
(1)chairperson who is listed on the application for licensure shall be at
each charitable gaming activity conducted by the charitable organization and shall
be responsible for the administration and conduct of the charitable gaming activity.
A person shall not serve as chairperson for more than one
(1)charitable
organization. The chairperson shall be readily identifiable as the chairperson and
shall be present on the premises continuously during the charitable gaming activity.
Charitable gaming shall be conducted and administered solely by officers,
members, and bona fide employees of the licensed charitable organization.
Volunteer personnel, who may or may not be members of the licensed charitable
organization, may be utilized if each volunteer is readily identifiable as a volunteer.
A person may serve as volunteer personnel for up to six
(6)charitable gaming
events or sessions per week. A person engaged in the conduct and administration of
charitable gaming shall not receive any compensation for services related to the
charitable gaming activities, including tipping. Net receipts derived from charitable
gaming shall not inure to the private benefit or financial gain of any individual. Any
effort or attempt to disguise any other type of compensation or private inurement
shall be considered an unauthorized diversion of funds and shall be actionable
under KRS 238.995.
(5)A licensed charitable organization shall not contract with, or otherwise utilize the
services of, any management company, service company, or consultant in managing
or conducting any aspect of charitable gaming.
(6)A licensed charitable organization shall not purchase or lease charitable gaming
supplies and equipment from any person not licensed as a distributor in the
Commonwealth of Kentucky.
(7)A licensed charitable organization shall not accept any merchandise prizes donated
by any owner, officer, employee, or contractee of a licensed manufacturer,
distributor, charitable gaming facility, or any of their affiliates, or any member of
their immediate families.
(a)Each organization's gaming supplies shall be maintained in a location separate
from another organization's gaming supplies.
(b)This location shall also be locked and access shall be controlled.
(c)Unless otherwise directed by the office, an organization's supplies and
equipment remain the property of the organization regardless of where they
are stored and must be accessible to the organization at all reasonable times
upon request.
(9)Any advertisement of charitable gaming, regardless of the medium used, shall
contain the name of the charitable organization conducting the charitable gaming
and its license number. An advertisement for a bingo session or sessions shall not
advertise a bingo prize in excess of the limitation of five thousand dollars ($5,000)
per twenty-four
(24)hour period set forth in KRS 238.545(1).