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 gaming, or lent or advanced at the time of any betting, gaming, or wagering to
a person then actually engaged in betting, gaming, or wagering, is void.

372.020 Recovery of gambling losses from winner or his transferee.

If any person loses to another at one (1) time, or within twenty-four (24) hours, five
dollars ($5) or more, or anything of that value, and pays, transfers or delivers it, the loser
or any of his creditors may recover it, or its value, from the winner, or any transferee of
the winner, having notice of the consideration, by action brought within five (5) years after
the payment, transfer or delivery. Recovery may be had against the winner, although the
payment, transfer or delivery was made to the endorsee, assignee, or transferee of the
winner. If the conveyance or transfer was of real estate, or the right thereto, in violation of
KRS 372.010, the heirs of the loser may recover it back by action brought within two (2)
years after his death, unless it has passed to a purchaser in good faith for valuable
consideration without notice.

372.040 Suit by third person where loser or creditor does not sue.

If the loser or his creditor does not, within six (6) months after its payment or delivery to
the winner, sue for the money or thing lost, and prosecute the suit to recovery with due
diligence, any other person may sue the winner, and recover treble the value of the money
or thing lost, if suit is brought within five (5) years from the delivery or payment.

528.010 Definitions for chapter.

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Advancing gambling activity" -- A person "advances gambling activity" when, acting other than as a player, he engages in conduct that materially aids any form of gambling activity. The conduct shall include, but is not limited to, conduct directed toward the establishment of the particular game, contest, scheme, device, or activity involved; toward the acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor; toward the solicitation or inducement of persons to participate therein; toward the actual conduct of the playing phases thereof; toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person who gambles at a social game of chance on equal terms with other participants does not otherwise advance gambling activity by performing acts, without remuneration or fee, directed toward the arrangement or facilitation of the game as inviting persons to play, permitting the use of premises therefor and supplying equipment used therein.

(2) "Bookmaking" means advancing gambling activity by unlawfully accepting bets upon the outcome of future contingent events from members of the public as a business.

(3) (a) "Gambling" means staking or risking something of value upon the outcome of a contest, game, gaming scheme, or gaming device which is based upon an element of chance, in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome. A contest or game in which eligibility to participate is determined by chance and the ultimate winner is determined by skill shall not be considered to be gambling.

(b) Gambling shall not mean charitable gaming which is licensed and regulated under the provisions of KRS Chapter 238.

...

(7) "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct, or operation of the particular gambling activity. A person who engages in "bookmaking" as defined in subsection (2) of this section is not a "player." The status of a "player" shall be a defense to any prosecution under this chapter.

(8) "Profiting from gambling activity" -- A person "profits from gambling activity" when, other than as a player, he accepts or receives or agrees to accept or receive money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

528.020 Promoting gambling in the first degree.

(1) A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:
(a) Engaging in bookmaking to the extent that he employs or utilizes three or more
persons in a bookmaking activity and receives or accepts in any one day bets
totaling more than $500; or
(b) Receiving in connection with a lottery or mutuel scheme or enterprise:
1. Money or written records from a person other than a player whose chances
or plays are represented by such money or records; or
2. More than $500 in any one day of money played in the scheme or enterprise; or
(c) Setting up and operating a gambling device.
(2) Promoting gambling in the first degree is a Class D felony.

528.030 Promoting gambling in the second degree.

(1) A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
(2) Promoting gambling in the second degree is a Class A misdemeanor.

528.040 Conspiracy to promote gambling.

(1) A person is guilty of conspiracy to promote gambling when he conspires to advance or profit from gambling activity.
(2) "Conspire" means to engage in activity constituting a criminal conspiracy as defined in KRS 506.040.
(3) Conspiracy to promote gambling is a Class D felony.

Charitable Gaming is Permitted by KRS Chapter 238

238.505 Definitions for chapter.

As used in this chapter, unless the context requires otherwise:
(1) "Department" means the Department of Charitable Gaming within the Public
Protection and Regulation Cabinet;
(2) "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. Charitable gaming shall
not include slot machines, electronic video gaming devices, wagering on live
sporting events, or simulcast broadcasts of horse races;
(3) "Charitable organization" means a nonprofit entity organized for charitable,
religious, educational, literary, civic, fraternal, or patriotic purposes;
(4) "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;
(5) "Charity game ticket" means a game of chance using a folded or banded paper ticket, or a paper card with perforated break-open tabs, 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. Charity game ticket shall include pulltabs;
(6) "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;
(7) "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;
(8) "Charity fundraising event" means a fundraising 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. Examples of such activities include events that attract patrons for community, social, and entertainment purposes apart from charitable gaming, such as fairs, festivals, carnivals, and bazaars;
(9) "Manufacturer" means a person who assembles from raw materials or subparts

The Kentucky Department of Charitable Gaming can be contacted at (502) 573-5528 to clarify questions.