††††† RELATES TO: KRS 238.515(3), 238.525, 238.535, 238.540(1)
††††† STATUTORY AUTHORITY: KRS 238.515(1), (2), (3), (9), 238.525(1), 238.535(13), (15), (16)
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.525(1) requires the department to issue an annual or biennial license to a qualified applicant and to establish fees not to exceed the amounts established in KRS 238.535. KRS 238.535(13) requires applicants for licensure to complete a required application form and KRS 238.535(16) requires the department to establish licensure fees not to exceed $300. This administrative regulation establishes the fees and procedures for annual licensure of charitable organizations.
††††† Section 1. Application for Licensure. (1) A charitable organization shall submit a complete, accurate, and verifiable application on Form CG-1, Charitable Organization License Application, at least sixty (60) days prior to the expiration of its license or expected date of gaming.
††††† (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deficiency request within thirty (30) days or does not provide any requested documents, the application shall be deemed withdrawn.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 238.535;
††††† (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) The following persons shall be required to submit a fingerprint card if the person resides out-of-state:
††††† (a) The chief executive officer;
††††† (b) The chief financial officer; or
††††† (c) Each chairperson.
††††† 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) Effective date of the license;
††††† (4) Expiration date of the license;
††††† (5) Premises or location at which the charitable gaming will be conducted;
††††† (6) Type of license issued (organization);
††††† (7) Address of the Department of Charitable Gaming; and
††††† (8) The day and time for each gaming occasion, and the type of gaming to be conducted under the license.
††††† Section 3. Fees for Licensure. (1) The annual license fees for each organization license issued shall be as follows:
††††† (a) $100 for:
††††† 1. A charitable organization upon initial application; or
††††† 2. A charitable gaming organization with gross receipts not in excess of $100,000;
††††† (b) $200 for a charitable gaming organization with gross receipts over $100,000, but not in excess of $250,000; or
††††† (c) $300 for a charitable gaming organization with gross receipts over $250,000.
††††† (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.
††††† Section 4. Change Request. (1)(a) If the organization wishes to change the date, time, or location of a gaming occasion to a new date, time, or location, the charitable organization shall submit a written request signed by an officer and a lease if required for the new gaming location to the department by U.S. postage prepaid mail, electronic mail, hand-delivery, or facsimile transmission at least ten (10) days prior to the date of the requested change.
††††† (b) The department shall process this request and issue or deny a license within ten (10) days.
††††† (c) The organization shall not engage in gaming at the requested date, time, or location change if the new license has not been received.
††††† (d) The organization shall be invoiced a fee of twenty-five (25) dollars for the change.
††††† (2) If the organization wishes to change any other information contained in the license application, the charitable organization shall submit those changes in writing no later than thirty (30) days after the change is made. The change request shall be signed by an officer.
††††† (3) If an organization wishes to cancel a gaming occasion, the organization shall notify the department, in writing, at least twenty-four (24) hours prior to the scheduled start of the gaming occasion. The organization is relieved of this notification requirement in the event the cancelation is caused by the occurrence of a force majeure. For purposes of this administrative regulation, a force majeure means a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the organization, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, and other like events that are beyond the reasonable anticipation and control of the organization, despite the organizationís reasonable efforts to prevent, avoid, delay, or mitigate the effect of the acts, events, or occurrences.
††††† Section 5. Incorporation by Reference. (1) Form CG-1, "Charitable Organization License Application", 5/15, 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. (21 Ky.R. 1997; Am. 2499; eff. 3-10-1995; 23 Ky.R. 1409; eff. 11-8-1996; Recodified from 500 KAR 11:015, 2-23-1999; 26 Ky.R. 224; eff. 12-16-1999; 28 Ky.R. 1501; 2032; eff. 3-13-2002; 32 Ky.R. 764; 1271; 1634; eff. 3-31-2006; 33 Ky.R. 3511; 34 Ky.R. 255; eff. 8-31-2007; 40 Ky.R. 1460; eff. 4-4-2014; 42 Ky.R. 918; 1772; eff. 1-4-2016.)