Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 238.530, 238.550, 238.555, 238.560,
238.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515(4) authorizes
the Department of Charitable Gaming to promulgate administrative regulations
establishing standards of accounting, recordkeeping, and reporting to ensure
charitable gaming receipts are properly accounted for. KRS 238.530 authorizes
the department to promulgate an administrative regulation to require a licensed
distributor to report all activities relating to the sale, rental, lease, or
furnishing of charitable gaming supplies and equipment. KRS 238.560 authorizes
the department to take administrative action against any person for any
violation of the provisions of KRS Chapter 238 and the administrative
regulations promulgated thereunder. This administrative regulation establishes
the method and time of filing financial reports and remitting payment of fees
due.
Section 1. Reporting.
(1) Licensees shall submit corresponding
forms and reports quarterly as described in Section (2) of this administrative
regulation:
(a) Licensed charitable
organizations shall submit Form CG-FIN-ORG, Financial Report for a Licensed
Charitable Organization;
1. Licensed
charitable organizations with gross receipts of less than $200,000 per calendar
year and no weekly bingo session shall only be required to submit Form
CG-FIN-ORG annually, on or before January 31 of each year;
2. Licensed charitable organizations
receiving distributions from organizations described in subsection (1)(d) of
this administrative regulation shall submit Form CG-FIN-ORG (RRA), Financial
Report for a Licensed Charitable Organization, Recipient Account. If the
licensed charitable organization receives distributions from more than one (1)
organization, it shall submit Attachment A-1 and G-1 for each distributing
organization;
(b)
Licensed charitable gaming facilities shall submit Form CG-FAC, Licensed
Charitable Gaming Facility Quarterly Report;
(c) Licensed distributors shall submit Form
CG-FIN-DIS Licensed Charitable Gaming Distributor Quarterly Report for each
quarter that the distributor is licensed;
(d) Organizations licensed pursuant to KRS 238.535(14)(b) shall submit Form CGFIN-SER, Licensed Organization Financial
Report for Special Event Raffle License Only.
(2) All financial reports shall be:
(a) Submitted on the appropriate form
prescribed in Section 1(1) of this administrative regulation;
(b) Typed or in permanent ink;
(c) Complete, accurate, and
legible;
(d) Contain the original
signature and printed name or, if submitted electronically, the typewritten
name of either the chief executive officer or the chief financial officer of
the charitable organization, facility, or distributor; and
(e) Contain the original signature and
printed name or, if submitted electronically, the typewritten name of the
preparer of the report if prepared by an individual other than the chief
executive officer or chief financial officer.
Section 2. Quarterly Reporting Requirements.
(1) A licensee required to submit a quarterly
report shall do so on or before the following dates for the preceding three (3)
month period:
(a) April 30;
(b) July 31;
(c) October 31; and
(d) January 31.
(2) If a date in Section 2(1) of this
administrative regulation falls on a Saturday, Sunday, or legal holiday, the
report shall be due on the first business day thereafter.
(3) The financial report and fee shall be
considered timely filed if it has been:
(a)
Mailed to the department by first class mail, postage prepaid, to the correct
address and postmarked by the due date;
(b) Received in the department by
hand-delivery on or before the due date; or
(c) Received by the department electronically
on or before the due date.
(4) If any report or portion thereof is not
filed when due, or if any required fee is not remitted when due, the licensee
shall be subject to disciplinary action pursuant to KRS 238.560.
Section 3. Specific Reporting
Requirements for Licensed Charitable Organizations.
(1) The fee imposed by KRS 238.570(1) on
gross gaming receipts of a licensed charitable organization shall be remitted
by check made payable to the Kentucky State Treasurer at the time the financial
report is due.
(2) If a charitable
organization does not have any information to place on an attachment to the
financial report, it shall indicate "not applicable" on the
attachment.
(3) To complete the
Bingo Paper Supplies Inventory page of Form CG-FIN-ORG, the product description
shall be listed in the format "# ON # UP", with:
(a) The number "ON" being the number of bingo
faces on a bingo paper sheet; and
(b) The number "UP" being the number of bingo
paper sheets contained in a bingo paper pack.
(4) If multiple pages are used for inventory,
each person completing the inventory shall sign one (1) page of the pages that
person completed and initial the remaining pages.
(5) All expenses incurred by a licensee shall
be reported on the financial report for the date on which payment was made,
which shall be either the date a check was written or an electronic funds
transfer was made, regardless of when the supplies were used or the services
were rendered.
Section
4. Incorporation by Reference.
(1) The following are incorporated by
reference:
(a) Form CG-FIN-ORG, "Financial
Report for a Licensed Charitable Organization (2023) ";
(b) Form CG-FIN-ORG (RRA), "Financial Report
for a Licensed Charitable Organization, Recipient Account (2023)";
(c) Form CG-FIN-SER, "Licensed Organization
Financial Report for Special Event Raffle License Only (2023)";
(d) Form CG-FIN-FAC, "Licensed Charitable
Gaming Facility Quarterly Report (2023) "; and
(e) Form CG-FIN-DIS, "Licensed Charitable
Gaming Distributor Quarterly Report (2023)".
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of
Charitable Gaming, Public Protection Cabinet, 500 Mero Street 2NW24, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 238.515, 238.530, 238.550, 238.555,
238.560, 238.570