238.555 Charitable gaming facility license -- Lease agreements for use of facility --
882 words·~4 min read·
/ky/238-555A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Quarterly reports -- Number of events that may be held -- Display of license
and charitable organization's name.
(a)No person or organization shall operate a charitable gaming facility unless the
person or organization is licensed under the provisions of this chapter, except
that facilities that are utilized by two
(2)or fewer charitable organizations for
the purpose of conducting charitable gaming, and facilities that only host
charity fundraising events, shall be exempt from licensure.
(b)The office shall charge a license fee not to exceed two thousand five hundred
dollars ($2,500). Specific license fees to be charged shall be:
1. Prescribed in a graduated scale promulgated by administrative
regulation; and
2. Based on the number of sessions which the facility holds per week or
other applicable factors or combination of factors.
(c)Charitable gaming may be conducted in a charitable gaming facility only by a
licensed charitable organization in accordance with the provisions of this
chapter.
(2)In the application process, an applicant for a charitable gaming facility license shall
submit the following information:
(a)The address of the facility;
(b)A description of the facility to include square footage of the gaming area,
capacity levels, and available parking;
(c)The names, addresses, dates of birth, and Social Security numbers of all
individuals employed by or contracted with the applicant to manage the
facility or provide other authorized services;
(d)The name, address, date of birth, and Social Security number of any
individual who has a ten percent (10%) or greater financial interest in the
facility;
(e)A copy of the lease agreement used by the applicant; and
(f)Any other information the office deems appropriate.
(3)No owner, officer, employee, or contractee of a licensed charitable gaming facility
or an affiliate, or any member of the immediate family of any officer, employee, or
contractee of a licensed charitable gaming facility or an affiliate shall, concerning a
lessee:
(a)Manage or otherwise be involved in the conduct of charitable gaming;
(b)Provide bookkeeping or other accounting services related to the conduct of
charitable gaming;
(c)Handle any moneys generated in the conduct of charitable gaming;
(d)Advise a licensed charitable organization on the expenditure of net receipts;
(e)Provide transportation services in any manner to patrons of a charitable
gaming activity;
(f)Provide advertisement or marketing services in any manner to a licensed
charitable organization;
(g)Provide, coordinate, or solicit the services of personnel or volunteers in any
manner;
(h)Influence or require a licensed charitable organization to use a certain
distributor or any particular gaming supplies; or
(i)Donate or give any prize to be awarded in the conduct of charitable gaming.
(4)A licensed charitable gaming facility shall execute a lease agreement with each
licensed charitable organization that desires to conduct charitable gaming at the
facility. The amount of rent, goods, and services charged shall be reasonable and
shall be based on prevailing market values in the general locality for the goods and
services to be provided. The amount charged to rent a charitable gaming facility,
whether the facility is licensed or unlicensed, shall not be based in whole or in part
on a percentage of gross receipts, net proceeds derived from the conduct of
charitable gaming, or by reference to the number of people in attendance. A
licensed charitable gaming facility shall file a copy of each signed lease agreement
with the office.
(5)The number of bingo sessions conducted at a charitable gaming facility shall be
limited to the following:
(a)No more than eighteen
(18)sessions per week if the charitable gaming facility
is located in one
(1)of the following:
1. A city containing a population equal to or greater than twenty thousand
(20,000) based upon the most recent federal decennial census;
2. An urban-county government;
3. A consolidated local government;
4. A charter county government; or
5. A county containing a city of the first class or a city containing a
population equal to or greater than twenty thousand (20,000) based upon
the most recent federal decennial census; or
(b)No more than eight
(8)sessions per week if the charitable gaming facility is
located in a city other than those listed in paragraph
(a)of this subsection, or
in a county that does not contain a city that is listed in paragraph
(a)of this
subsection.
(6)A licensed charitable gaming facility shall report at least quarterly to the office and
shall provide any information concerning its operation that the office may require.
(7)A charity fundraising event at which special limited charitable games are played
may be conducted at a licensed charitable gaming facility, but no licensed
charitable gaming facility shall be permitted to hold more than one
(1)such event
per week or more than seven
(7)per year.
(8)A licensed charitable gaming facility shall conspicuously display a sign bearing the
name and the license number of the charitable organization that is conducting
charitable gaming activities in the facility.
(9)The license to operate the charitable gaming facility shall be prominently displayed
on or in the premises where charitable gaming activity is being 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.