820 KAR 1:029. Facility licensees.

 

      RELATES

TO: KRS 238.530(3), 238.555

      STATUTORY

AUTHORITY: KRS 238.515(2),(4), (9), 238.555(1), (2)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 238.515(2) requires the Department of Charitable

Gaming to establish reasonable standards for the conduct of charitable gaming

and the operation of charitable gaming facilities. KRS 238.555(2) requires

applicants for a charitable gaming facility license to complete a required

application, and KRS 238.555(1) requires the department to establish a

licensure fee not to exceed $2,500. This administrative regulation establishes

the fees and procedures for the licensing of facilities.

 

      Section 1. Application

for Licensure. (1) An applicant for a facility license shall submit a complete,

accurate, and verifiable application on Form CG-4, Facility License Application,

at least sixty (60) days prior to the expiration of its license or expected

date of the operation of the facility.

      (2)

An application shall not be considered complete until all deficiencies are

resolved.

      (3)

If the applicant does not file a written response to a deficiency request

within thirty (30) days or does not provide a requested document, the

application shall be deemed withdrawn.

      (4)

Once the department has received a complete application, it shall grant or deny

the license within sixty (60) days.

      (5)

The department shall issue a license if the applicant has:

      (a)

Met the requirements for licensure set forth in KRS 238.555;

      (b)

Paid all fees and fines;

      (c)

Filed all reports required;

      (d)

Filed an acceptable financial plan, if required; and

      (e)

Complied with all terms and conditions of any applicable settlement agreement

or probationary terms.

      (6)

Fingerprints shall be required for the chief executive officer, the chief

financial officer, and anyone with a ten (10) percent or greater financial

interest in the licensee.

 

      Section

2. Information Required on License. A license issued by the Department of

Charitable Gaming shall clearly state the:

      (1)

Name of the licensee;

      (2)

Physical address of the licensee;

      (3)

Address of the gaming facility, if different;

      (4)

Effective date of the license;

      (5)

Expiration date of the license;

      (6)

Type of license issued (facility); and

      (7)

Address of the Department of Charitable Gaming.

 

      Section

3. Fees for Licensure. (1) The annual license fee for a charitable gaming

facility conducting between nine (9) and eighteen (18) sessions per week shall

be $2,500. The annual license fee for a charitable gaming facility conducting

no more than eight (8) sessions per week shall be $1,250.

      (2)

A nonrefundable processing fee of twenty-five (25) dollars shall:

      (a)

Accompany each application for licensure; and

      (b)

Be credited against the amount of the annual license fee.

      (3)

An annual license shall not be issued until

the annual license fee is paid in full.

      (4)

The annual license term shall be for one (1)

year from the effective date of the license.

      (5)

A facility license shall be issued based on location of the gaming facility.

 

      Section

4. Requirements of Licensee. (1) If there is no charge to the organizations for

the listing, a facility shall be permitted to list on the facility Web site:

      (a)

Names;

      (b)

License numbers;

      (c)

Gaming sessions; and

      (d)

Information regarding the:

      1.

Organizations; and

      2.

Gaming session of the organizations that game at that facility.

      (2)

If a licensed charitable gaming organization contracts with a licensed facility

to operate the concession stand, the members of that organization that

volunteer at the concession stand may volunteer to work for their own gaming

session, but shall not volunteer for the game of any other organization that

games at that facility.

      (3)

A facility shall maintain a separate bank account for the facility operation

that is not commingled with a personal account or another business account. If

the licensee owns multiple facilities, a separate bank account shall be

maintained for each facility. If separate businesses are operated out of the

facility, including a check cashing service or a concession stand, each

business shall have a separate account.

      (4)

Any payments received from a licensed charitable organization shall be by check

drawn on the charitable gaming account or electronic fund transfer from the

charitable gaming account.

 

      Section

5. Incorporation by Reference. (1) Form CG-4, "Facility 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. 800; 1640; eff. 3-31-2006; 33 Ky.R. 3514; eff.

8-31-2007; 40 Ky.R. 1470; 2136; eff. 4-4-2014.)