Kentucky Gambling Laws
Kentucky State Raffle Regulations You do not need a charitable gaming license to conduct a raffle provided: You do not conduct a raffle more than 3 times per calendar year The total ticket sales per raffle do not exceed $150 dollars. Kentucky Revised Statutes 372.010 Gambling transactions void. Every contract, conveyance, transfer or assurance for the consideration, in whole or in part, of money, property or other thing won, lost or bet in any game, sport, pastime or wager, or for the consideration of money, property or other thing lent or advanced for the purpose of.
FRANKFORT, Ky. (AP) — Kentucky took the first step to legalizing sports betting on Wednesday as a legislative committee strongly endorsed a bill that one estimate says would bring in at least $20 million a year in new taxes.
Kentucky seems to be in a race with its neighbors to make sports betting legal following a U.S. Supreme Court decision last year that struck down a federal law that had banned the industry in much of the country. West Virginia has already legalized sports betting, and state officials in Tennessee, Ohio and Illinois are considering it.
If they are going to do it, Kentucky lawmakers have an economic incentive to do it quickly. An analysis by the firm Commonwealth Economics found the state could generate as much as $48 million a year in taxes if Kentucky legalizes sports betting while most of its neighbors do not. But if all the other states have sports betting, Kentucky’s revenue projections drop to $20 million a year.
The proposal approved Wednesday by the Kentucky House Licensing, Occupations and Administrative Regulations Committee would spend some of that new money on regulating the new industry and setting up a program to help people with gambling addiction problems. But most of the money would be go to the state’s public pension systems, which are estimated to be at least $39 billion short of the money needed to pay benefits over the next three decades.
Wednesday, the Republican-dominated committee approved the bill without a single “no” vote, while Democratic Rep. Dennis Keene voted “pass.” But the bill will need significant support to make it out of the state legislature before it adjourns for the year on March 29. Last year, state lawmakers approved a two-year spending plan that does not expire until June 30, 2020. Because the new bill would raise and spend money, it would require at least 60 votes from the 100-seat House of Representatives to pass.
“I don’t know yet, to be honest,” Republican state Rep. Adam Koenig said when asked if the House had enough votes to pass the bill.
Republicans control 61 of the 100 seats. But the caucus is divided on the issue, with some lawmakers morally opposed to gambling of any kind.
“I think there are a lot of Republicans who are against it,” said Republican Rep. Chris Fugate, who is a pastor. “I hope it fails.”
The Family Foundation, a conservative advocacy group, has argued the bill would violate the state Constitution. Executive Director Kent Ostrander noted in an interview that all of that money for the gambling industry and state coffers would come from Kentucky families because businesses, corporations and nonprofits can’t gamble.
“The state should cause families to thrive, not prey on them for revenue,” Ostrander said.
House bill 175 would make it legal for people in Kentucky to bet on sports, but they would have to do it in person at one of the state’s horse racing tracks or the Kentucky Speedway, which hosts a NASCAR race each year. People could place wagers on their phones, but they would have to travel to one of the tracks in person to download the app. Koenig said the app would monitor locations to make sure people don’t place bets outside of the state lines.
People in Kentucky could bet on college sports, but they could not wager on games that include teams from Kentucky schools. That would include the beloved basketball teams at the University of Kentucky and University of Louisville.
The proposal would require bookmakers to pay a 9.75 percent tax on its revenue, which does not include money paid to people who win. The tax rate would be 14.25 percent for wagers made online. The proposal would also legalize fantasy sports gambling and internet poker.
“My biggest issues are we’re not going far enough on expanded gaming,” Democratic state Rep. Al Gentry said.
§ 238.500 | Purpose — Intent — Construction |
§ 238.505 | Definitions for chapter |
§ 238.510 | Department of Charitable Gaming — Commissioner — Conflicts of interest of staff — Charitable gaming investigators |
§ 238.515 | Powers and duties of department |
§ 238.520 | Charitable Gaming Advisory Commission |
§ 238.522 | Restriction on promulgating administrative regulations |
§ 238.525 | Licensing requirements — Criminal history background check — Disqualification |
§ 238.530 | Licensing of distributors and manufacturers of supplies and equipment — Eligibility — Restrictions |
§ 238.535 | Licensing of charitable organizations conducting charitable gaming — Exemptions — Qualifications |
§ 238.536 | Amount and use of net receipts retained by charitable organization — Penalties imposed upon charitable organization failing to retain certain percentage of adjusted gross receipts — Submission of financial plan — Petition for reconsideration |
§ 238.540 | Restrictions on location for charitable gaming — Display of license — Conduct and management — Prohibited donated prizes — Advertising |
§ 238.545 | Restrictions on frequency, prizes, and participants for various types of charitable gaming — Limitations on charitable organizations that conduct charity fundraising events |
§ 238.547 | Special limited charitable fundraising event licenses — Limitation — Times — Locations — Restrictions on wagering, stakes, and prizes |
§ 238.550 | Standards for management and accounting of funds — Reports — Charitable gaming expenses |
§ 238.555 | Charitable gaming facility license — Lease agreements for use of facility — Quarterly reports — Number of events that may be held — Display of license and charitable organization’s name |
§ 238.560 | Investigation of complaints — Administrative actions against violators |
§ 238.565 | Appeals of administrative actions |
§ 238.567 | Powers and duties of peace officers to deal with unlicensed charitable gaming |
§ 238.570 | Charitable gaming fee — Charitable gaming regulatory account |
§ 238.995 | Penalties |
Is Gambling Illegal In Kentucky
Terms Used In Kentucky Statutes > Chapter 238
Kentucky Bingo Laws
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Adjusted gross receipts: means gross receipts less all cash prizes and the amount paid for merchandise prizes purchased. See Kentucky Statutes 238.505
- Affiliate: means any corporation, partnership, association, or other business or professional entity or any natural person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with a licensed manufacturer, distributor, or charitable gaming facility. See Kentucky Statutes 238.505
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is 'to appeal' or 'to take an appeal.' One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- Bingo: means a specific game of chance in which participants use cards or paper sheets, or card-minding device representations thereof, divided into horizontal and vertical spaces, each of which is designated by a letter and a number, and prizes are awarded on the basis of the letters and numbers on the card conforming to a predetermined and preannounced configuration of letters and numbers selected at random. See Kentucky Statutes 238.505
- Card-minding device: means any mechanical, electronic, electromechanical, or computerized device that is interfaced with or connected to equipment used to conduct a game of bingo and that allows a player to store, display, and mark a bingo card face. See Kentucky Statutes 238.505
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Chairperson: means the chief executive officer and any officer, member, or employee of a licensed charitable organization who will be involved in the management and supervision of charitable gaming as designated in the organization's charitable gaming license application under KRS 238. See Kentucky Statutes 238.505
- Charitable gaming: means bingo, charity game tickets, raffles, and charity fundraising events conducted for fundraising purposes by charitable organizations licensed and regulated under the provisions of this chapter. See Kentucky Statutes 238.505
- Charitable gaming facility: means a person, including a licensed charitable organization, that owns or is a lessee of premises which are leased or otherwise made available to two (2) or more licensed charitable organizations, other than itself, during a one (1) year period for the conduct of charitable gaming. See Kentucky Statutes 238.505
- Charitable gaming supplies and equipment: means any material, device, apparatus, or paraphernalia customarily used in the conduct of charitable gaming, including bingo cards and paper, charity game tickets, and other apparatus or paraphernalia used in conducting games of chance at charity fundraising events subject to regulation under this chapter. See Kentucky Statutes 238.505
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Charity fundraising event: means an activity of limited duration at which games of chance approved by the department are conducted, including bingo, raffles, charity game tickets, special limited charitable games, and wagering on prerecorded horse races, KRS Chapter 230 notwithstanding. See Kentucky Statutes 238.505
- Charity game ticket: means a game of chance using a folded or banded paper ticket, or a paper card with perforated break-open tabs, or electronic pulltab device representations thereof, the face of which is covered or otherwise hidden from view to conceal a number, letter, symbol, or set of numbers, letters, or symbols, some of which have been designated in advance as prize winners and shall include charity game tickets that utilize a seal card. See Kentucky Statutes 238.505
- City: includes town. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the Department of Charitable Gaming within the Public Protection Cabinet. See Kentucky Statutes 238.505
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Distributor: means a person who sells, markets, leases, or otherwise furnishes to a charitable organization charitable gaming equipment or supplies, or both, used in the conduct of charitable gaming. See Kentucky Statutes 238.505
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Electronic pulltab device: means an electronic device used only for charitable gaming to facilitate the play of an electronic pulltab. See Kentucky Statutes 238.505
- Electronic video gaming device: as used in this chapter and the related administrative regulations, means any device that possesses a video display and computer mechanism for playing a game. See Kentucky Statutes 238.505
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Gross receipts: means all moneys collected or received from the conduct of charitable gaming. See Kentucky Statutes 238.505
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Immediate family: means :
(a) Spouse and parents-in-law. See Kentucky Statutes 238.505 - Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Manufacturer: means a person who assembles from raw materials or subparts any charitable gaming equipment or supplies used in the conduct of charitable gaming, including a person who converts, modifies, and adds to or removes parts from,
charitable gaming equipment and supplies. See Kentucky Statutes 238.505 - Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Month: means calendar month. See Kentucky Statutes 446.010
- Net receipts: means adjusted gross receipts less all expenses, charges, fees, and deductions authorized under this chapter. See Kentucky Statutes 238.505
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Quorum: The number of legislators that must be present to do business.
- Raffle: means a game of chance in which a participant is required to purchase a ticket for a chance to win a prize, with the winner to be determined by a random drawing. See Kentucky Statutes 238.505
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Seal card: means a board or placard used in conjunction with charity game tickets, that contains a seal or seals which, when removed or opened, reveal predesignated winning numbers, letters, or symbols. See Kentucky Statutes 238.505
- Secretary: means the secretary of the Public Protection Cabinet. See Kentucky Statutes 238.505
- Special limited charitable game: means roulette. See Kentucky Statutes 238.505
- Special limited charity fundraising event: means any type of charity fundraising event, commonly known as and operated as a 'casino night' 'Las Vegas night' or 'Monte Carlo night' at which the predominant number or types of games offered for play are special limited charitable games. See Kentucky Statutes 238.505
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Sworn: includes 'affirmed' in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Year: means calendar year except as used in subsection (11) of this section and KRS 238. See Kentucky Statutes 238.505