820 KAR 1:055.
Charity fundraising event standards.
RELATES
TO: KRS 238.505, 238.515(2), (4), (9), 238.535, 238.545, 238.547
STATUTORY
AUTHORITY: KRS 238.515(2), (4), (9), 238.545(4)
NECESSITY,
FUNCTION, AND CONFORMITY: The Department of Charitable Gaming is authorized by
KRS 238.515(2) to establish reasonable standards for the conduct of charitable
gaming. KRS 238.545(4) requires a license in order to conduct a charity
fundraising event. This administrative regulation establishes standards for the
conduct of charity fundraising events.
Section
1. Issuance of License. (1) An organization shall submit a complete, accurate,
and verifiable application on Form CG-Schedule A, Charity Fundraising Event or
Special Limited Charity Fundraising Event License Application, for a charity
fundraising event at least thirty (30) days prior to the scheduled date for the
charity fundraising event.
(2)
A processing fee of twenty-five (25) dollars shall accompany each application
for licensure.
(3)
When the application is filed, the organization shall provide the department
with a copy of the executed lease, if applicable.
(4)
All information requested by the department shall be submitted and reviewed
before a license may be granted.
(5)
The department shall issue a license if the applicant possesses a regular
charitable gaming license and has met the requirements for licensure set forth
in KRS 238.505(8) and 238.545(4).
(6)
The event shall not be advertised nor preregistrations taken until a license is
issued.
(7)
Once a license is issued, players may preregister for the event prior to the
day of the event only if payment is received by credit card, check, or
electronic fund transfer.
(8)
Pursuant to its discretion under KRS 238.505(8), the department has determined that
charity game tickets, or pulltabs, shall not be an approved game of chance at a
charity fundraising event held by an exempt organization.
Section
2. Special Limited Games Played at a Charity Fundraising Event. The department
shall grant approval to play special limited games at a charity fundraising
event if the information contained in the application and the totality of the
circumstances show that the event meets the requirements of KRS 238.545(4)(d).
Section
3. Volunteers. (1) All individuals involved in the conduct of a charity
fundraising event shall be trained in the proper conduct of the game and the
control of funds.
(2)
The chairperson shall:
(a)
Be in charge of the licensed gaming occasion;
(b)
Supervise and direct all volunteers; and
(c)
Be responsible for assuring the proper receipt and recording of gaming funds.
Section
4. Equipment Used for Events. (1) Poker tables, blackjack tables, prize wheels,
and chips, scrip, or imitation money shall not be considered charitable gaming
supplies or equipment and may be purchased from ordinary sources of supply. The
organization shall not pay for poker tables, blackjack tables, prize wheels or
chips, scrip, or imitation money from the charitable gaming account.
(2)
Roulette wheels and craps tables shall be considered charitable gaming supplies
and shall be obtained from a licensed distributor. The organization shall pay
for roulette wheels and craps tables from the charitable gaming account.
(3)
If special limited charity games are played, the organization shall provide the
department with a copy of the executed contract for the use of those supplies
no later than thirty (30) days following the event. This contract shall specify
exactly the items provided, at what cost, and from whom.
Section
5. Expenses. (1) The organization shall pay the gaming expenses for the event
from the gaming account. All other expenses shall be paid from the general
account.
(2)
If an expense is both a gaming expense and a general expense, the expense shall
be prorated pursuant to the amount of gross receipts obtained from gaming and
nongaming events. The full amount shall be paid from the general account and
the amount attributable to gaming shall be reimbursed from the gaming account
to the general account.
Section
6. Incorporation by Reference. (1) Form CG-Schedule A, "Charity
Fundraising Event or Special Limited Charity Fundraising Event License
Application", 11/13, is incorporated by reference.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of Charitable Gaming, Public Protection
Cabinet, 132 Brighton Park Boulevard, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. (32
Ky.R. 816; 1292; 1654; eff. 3-31-2006; 33 Ky.R. 3526; 34 Ky.R. 265; eff. 8-31-2007;
40 Ky.R. 1480; 2140; eff. 4-4-2014.)