Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 238.515, 238.530, 238.545
NECESSITY, FUNCTION, AND CONFORMITY: KRS 238.515 authorizes the
Department of Charitable Gaming to establish and enforce reasonable standards
for the conduct of charitable gaming and to promulgate administrative
regulations necessary to carry out the purposes and intent of KRS Chapter 238.
This administrative regulation establishes standards for the construction and
distribution of bingo paper, the construction and distribution of bingo
equipment including card-minding devices, and the conduct of bingo play.
Section 1. Definitions.
(1) "Bingo ball" means a ball imprinted with
numbers and letters that is used in the selection process of a bingo
game.
(2) "Bingo machine" means:
(a) A type of selection device with:
1. A receptacle for unselected bingo
balls;
2. A blower for selecting;
and
3. A ball tray that contains
seventy-five (75) holes in which to place the ball once it is called;
or
(b) A generator that
randomly selects the balls and displays them on the face of the
device.
(3) "Bingo paper
pack" means a group of bingo paper sheets that are manufactured, collated, and
sold by the manufacturer as a unit.
(4) "Bingo paper package" means a group of
bingo paper sheets or packs that are assembled together by a charitable
organization for sale at a charitable gaming session that becomes a unique item
for sale with a specific price.
(5)
"Bingo paper sheet" means a single piece of paper on which one (1) or multiple
bingo faces are printed.
(6) "Break
open bingo" means a bingo game in which the numbers on the face are hidden
until after purchase.
(7) "Bundle"
means to price a certain amount of bingo paper faces for a certain price with
the patron choosing the type of packs that make up the total faces.
(8) "Called" means that a number located on a
bingo ball has been:
(a) Selected by the
selection device;
(b) Verbally
announced by the caller;
(c)
Displayed on the flashboard or other device; and
(d) Placed in a ball tray or otherwise
continuously displayed until completion of the bingo game.
(9) "Continuation game" means a multipart
bingo game in which more than one (1) game with more than one (1) pattern may
be played on one (1) bingo paper sheet.
(10) "Covered" means daubed or smeared with
indelible ink if using a disposable paper bingo face, or marked electronically
if using a card-minding device.
(11) "Disposable paper bingo face" means a
non-reusable bingo face assembled in a single sheet, multiple face sheet, pad,
or pack form.
(12) "Face" means a
paper or an electronic representation containing:
(a) Five (5) rows of five (5) squares with
numbers or symbols;
(b) A free
center space;
(c) The letters "B",
"I", "N", "G", "O" printed in order over the five (5) columns; and
(d) A unique perm number identifying each
face.
(13) "Fixed-base
card-minding device" means a computer system, not necessarily manufactured by a
licensed manufacturer, that has been loaded with proprietary software by a
licensed manufacturer to enable it to function as a card-minding
device.
(14) "Flashboard" or
"display board" means a board that displays the bingo numbers called.
(15) "Hand-held card-minding device" means a
hand-held computer that is either manufactured or customized by the
manufacturer to operate as a card-minding device.
(16) "Hard card" means a reusable card
bearing a bingo face or faces.
(17)
"Perm number" means the number located on a bingo face that identifies the
unique pattern of numbers appearing on that face.
(18) "Pickle jar, bonanza ball, or hot ball"
means games played in conjunction with other bingo games in which:
(a) A bingo ball is selected by the selection
device prior to the start of certain bingo games or all bingo games;
and
(b) A patron is awarded the
amount of money associated with the pickle jar, bonanza ball, or hot ball, if
the selected bingo ball is called, and because of that selected ball being
called, a patron wins the bingo game being played.
(19) "Player pick bingo" means that the
patron picks the numbers that constitute a bingo on his face or faces and a
machine prints those numbers on the bingo face at the charitable gaming session
before the game is played.
(20)
"Progressive bingo" means a bingo game in which the value of the prize is
carried forward to the next bingo session if no player wins at that
session.
(21) "Selected" means a
bingo number that has been obtained by the selection device and is ready to be
called next by the bingo caller.
(22) "Selection device" means a device that:
(a) May be operated manually or
automatically; and
(b) Is used to
randomly select bingo numbers.
(23) "Selection pool" means the bingo numbers
in a selection device that have not been selected.
(24) "Series number" means the number of
unique faces contained in a series.
(25) "Set" means a case or cases of paper
that contain one (1) of each face in a series.
(26) "Verification system" means a book of
bingo faces compiled by the manufacturer or an electronic device created by the
manufacturer that:
(a) Lists the unique
patterns of numbers on each face by perm number; and
(b) Is used to verify the authenticity of a
winning face.
Section
2. Bingo Paper Standards.
(1) A
licensed distributor of charitable gaming supplies and equipment shall only
distribute, in Kentucky, bingo paper conforming to the requirements of this
administrative regulation.
(2) A
charitable organization shall sell to the public only bingo paper conforming to
the requirements of this administrative regulation.
(3) Reusable bingo hard cards shall be used
only at charity fundraising events.
Section 3. Bingo Paper Construction
Standards.
(1) The paper used to construct
paper bingo cards or faces shall be of sufficient weight and quality to allow
for clearly readable numbers and to prevent ink from spreading or bleeding
through a pack thereby obscuring other numbers or cards.
(2) Perm numbers shall be displayed on the
face.
(3) Numbers displayed on the
face shall be randomly assigned.
(4) Each set of bingo paper shall be
comprised of faces bearing the same serial number on the top sheet of the pack.
A serial number shall not be repeated by the same manufacturer within one (1)
year.
(5) Bingo paper assembled in
packs shall be glued. Staples shall not be used.
(6) A label shall be placed on, or be visible
from, the exterior of each bingo paper carton. The label shall list the
following information:
(a) Type of
product;
(b) Number of packs, pads,
or loose sheets;
(c) Series
numbers;
(d) Serial number of the
top sheet;
(e) Number of
cases;
(f) Cut of paper;
and
(g) Color of paper.
Section 4. Tracking by
Manufacturer. Every manufacturer of bingo paper shall maintain records
sufficient to track the bingo paper, by the serial number on the top sheet,
from the point of manufacture to the next point of sale for thirty-six (36)
months. The records shall be subject to inspection by department
staff.
Section 5. Tracking by
Distributor.
(1) Every distributor of bingo
paper shall maintain records sufficient to track the bingo paper, by the serial
number on the top sheet, from the point of purchase by the distributor to the
next point of sale for thirty-six (36) months. The records shall be subject to
inspection by department staff.
(2)
The records required under this section shall be deemed sufficient if the
distributor:
(a) Records the name and
charitable gaming license or exemption number of the purchaser at the next
point of sale; or
(b) Makes and
retains a copy of a valid state identification card that contains the name,
address, date of birth, and state identification number of the purchaser at the
next point of sale.
Section 6. Distributor Invoice Requirements.
(1) Distributors selling bingo paper to
charitable organizations or other distributors shall provide the charitable
organization or other distributor with an invoice that contains, at a minimum,
the following information:
(a) The purchaser's
name, address, and license number;
(b) The address to which the shipment was
delivered;
(c) The date of sale or
credit;
(d) The conditions of the
sale or credit;
(e) The quantity of
bingo paper sold including the number of sheets or packs in a set;
(f) The serial number of the bingo sets
sold;
(g) The series number of the
bingo sets sold;
(h) The cut of
bingo paper sold;
(i) The color of
bingo paper sold;
(j) The total
invoice amount;
(k) The name of the
person who ordered the supplies;
(l) The name of the person making the
delivery;
(m) The date of delivery
or date item was picked up for sale or credit; and
(n) The place or manner of delivery,
including the name and signature of the person taking delivery, if
any.
(2) A distributor
may deliver bingo paper to an agreed place or to an identified person. An
invoice not challenged within seven (7) days of delivery shall be deemed
accurate. Any challenge shall be made in writing to the distributor and a copy
shall be sent to the department.
Section 7. Bingo Selection and Display
Devices.
(1) Bingo ball machines and other
selection devices, flashboards and other display devices, and other bingo
equipment used in the selection and display of game numbers shall be made
available for inspection or testing by the department at any reasonable
time.
(2) Equipment shall be
designed to produce randomness and be free of any defects when used in a bingo
game.
(3) A charitable organization
shall not use a selection or display device with a defect that was apparent at
the beginning of the session. All bingo balls used in the machine or other
device shall:
(a) Be of the same size, shape,
weight, and balance;
(b) Have all
other characteristics that control their selection the same; and
(c) Be clean and free of defects.
(4) A manufacturer may conduct
routine maintenance activities and replace secondary components of equipment
without prior approval of the department or additional testing if this activity
does not affect the operation of any equipment or the manner in which a bingo
game is played. A record of all routine maintenance activities shall be
maintained for one (1) year and provided to the department upon
request.
Section 8.
Card-Minding Devices.
(1) A card-minding
device site system shall:
(a) Be located at
the gaming premises;
(b) Be
operated by the charitable organization;
(c) Interface with, connect with, control, or
define the operational parameters of the card-minding devices;
(d) Report and transmit the game results
pursuant to 820 KAR 1:057;
(e)
Provide security and access levels sufficient so that the internal control
objectives are met pursuant to Section 9 of this administrative regulation;
and
(f) Contain a point of sale
station.
(2) The
card-minding device site system may include the following components:
(a) A caller verification system;
(b) Required printers;
(c) Modem;
(d) Proprietary executable
software;
(e) Report generation
software; and
(f) An accounting
system or database.
(3)
(a) A card-minding device and associated site
system shall not be sold, leased, or otherwise furnished to any person for use
in the conduct of bingo until it has first been tested and certified by an
independent testing facility approved by the department, demonstrated to the
department by the manufacturer if requested, and approved by the
department.
(b) For a hand-held
card-minding device, a device and software that is identical to the device and
software intended to be sold, leased, or otherwise furnished to any person for
use in the conduct of bingo shall be tested and approved.
(c) For a fixed-base card-minding device, a
device that contains identical software to the fixed-based card-minding device
intended to be sold, leased, or otherwise furnished shall be tested and
approved.
(4) The cost
of testing and certification shall be the responsibility of the
manufacturer.
(5) The independent
testing facility shall certify in writing that the device and proprietary
software conform to the restrictions and conditions established in this
administrative regulation.
(6) Any
modifications to a hand-held card-minding device, a fixed base card-minding
device, or software, except as provided in subsection (8) of this section,
shall be tested and certified by an independent testing facility, demonstrated
to the department by the manufacturer if requested, and approved by the
department in the same manner as a new device or new software. Testing and
certification shall be at the manufacturer's expense.
(7)
(a) The
department, in consultation with the independent testing facility, shall
determine if all proprietary software and card-minding devices required to be
tested by this administrative regulation, as well as other components of
card-minding device systems, conform to the requirements and restrictions
established in this administrative regulation and shall notify the manufacturer
of its decision in writing.
(b)
Upon receipt of the test results from the independent testing facility, the
department may request a demonstration of the product within thirty (30) days
thereof.
(c) The department shall
either approve or disapprove the card-minding device and software. The
department shall inform the manufacturer of its decision within thirty (30)
days of the demonstration, or no later than sixty (60) days after the
department receives the test results from the independent testing facility.
Approval shall be granted in accordance with paragraph (a) of this
subsection.
(8) A
manufacturer may conduct routine maintenance activities and replace secondary
components of a card-minding device system without prior department approval or
additional testing if this activity does not affect the operation of any
proprietary software or the manner in which a bingo game is played, the
integrity of any critical or controlled software, or the outcome of a bingo
game. A record of all routine maintenance activities shall be maintained for
one (1) year and made available to the department upon request.
(9)
(a) If a
licensee has knowledge of any defect, malfunction, or problem with a
card-minding device system, card-minding device or software that affects the
security or the integrity of the bingo game or the card-minding device or
system, the licensee shall immediately notify the department. The charitable
organization shall also immediately notify the distributor of the defect,
malfunction, or problem. The distributor shall immediately notify the
manufacturer of the defect, malfunction, or problem.
(b) If the department has knowledge of any
problem with a card-minding device system, card-minding device, or software
that affects the security or the integrity of the bingo game or the
card-minding device or system, the department shall direct the manufacturer,
distributor, and charitable organization to immediately cease the sale, lease,
or use of the affected card-minding device system, card-minding device, or
software until the problem can be assessed by the department in consultation
with the manufacturer or distributor.
(c) If the department determines that a
defect actually exists, and the defect affects game security or otherwise
threatens public confidence in the game, the department shall require the
manufacturer to issue a total recall of all affected card-minding device
systems, card-minding devices, or software, as necessary.
(d) In choosing and directing a particular
recall in accordance with paragraph (c) of this subsection, the department
shall be guided in each circumstance by any combination of the following
factors:
1. The nature of the
defect;
2. Whether the defect
affected game security;
3. Whether
the defect affected game playability;
4. Whether the defect was limited to a
specific number of bingo faces;
5.
Whether the defect was easily detectable by a charitable
organization;
6. Whether the defect
was easily detectable by members of the general public;
7. Whether the defect threatens public
confidence in the game; or
8.
Whether the defect is capable of being used to adversely affect the fair play
of the game.
(e) The
manufacturer or distributor may correct the defect, if possible, without the
issuance of a total recall if the affected card-minding devices and software
are not offered for sale, lease, or use until the department allows. The
manufacturer or distributor shall make all corrections within a reasonable
time, not to exceed thirty (30) days, and the manufacturer or distributor shall
demonstrate the correction to the department. If the department believes the
defect has been corrected and that the defect no longer affects game security
or otherwise threatens public confidence in the game, the department may issue
written notification that the affected card-minding device system, devices, or
software may again be offered for sale, lease, or use.
(f) If a recall is necessary, the department
shall determine a specific date for the recall of any affected card-minding
device system, card-minding device, or software to be completed.
(g) The department shall also determine
whether the manufacturer is required to reimburse the charitable organization
or distributor.
(10)
(a) A distributor or charitable organization
shall not add or remove any software programs to an approved card-minding
device system without the permission of the manufacturer and the
department.
(b) If the department
detects or discovers a card-minding device system at a playing location that is
using components or software that were required to have been approved by the
manufacturer and the department but have not been approved, the card-minding
device system shall be determined to have an unauthorized modification and the
use of the system shall cease immediately.
Section 9. Card-Minding Device Systems
Manufacturer Requirements.
(1) A manufacturer
of a card-minding device system shall manufacture each site system to include a
point of sale station and an internal accounting system that is capable of
recording the charitable organization's sale of all charitable gaming
supplies.
(2)
(a) A manufacturer of a card-minding device
system shall ensure that the site system has internet capability so that the
department has the ability to remotely verify the operation, compliance, and
internal accounting systems of the site system at any time. The department
shall have real time and complete read-only access to all data for all systems
and devices.
(b) The manufacturer
shall provide to the department all current protocols, passwords, and any other
required information needed to access the system prior to the operation of the
system in Kentucky.
(c) The
department shall be notified of any changes in the protocols, passwords, and
any other required information needed to access the system at least three (3)
days prior to the change.
(d) Any
reports maintained or generated by the card-minding device system shall be
capable of being downloaded or otherwise accessed via the internet by the
department.
(3) A
manufacturer of a card-minding device system shall manufacture each site system
to ensure that an internal accounting system is capable of recording and
retaining for a period of not less than twelve (12) months the following
information:
(a) The serial number of each
bingo face sold for card-minding device use;
(b) The price of each face or package
sold;
(c) The total amount of the
card-minding device sales for each session;
(d) The total number of faces sold for use
with card-minding devices for each session;
(e) The serial number of each hand-held
card-minding device sold; and
(f)
The terminal number or account number associated with each fixed base
card-minding device sold.
(4)
(a) The
information established in subsection (3) of this section shall be secure and
shall not be accessible for alteration during the session.
(b) The site system shall have report
generation software with the capability to print all information required to be
maintained on the site system's active or archived databases. The total sales
activity report shall be completed in the format of Form CG-CMD.
(5) A manufacturer of a
card-minding device system shall manufacture each site system to ensure that
the applicable point of sale station is capable of printing a receipt for each
sale or voided sale of a card-minding device. The receipt shall include the
following information:
(a) The date and time
of the transaction;
(b) The dollar
value of the transaction and quantity of associated products;
(c) The sequential and consecutive
transaction number;
(d) The session
in which the product was sold;
(e)
The serial number of each hand-held card-minding device sold; and
(f) The terminal number or account number for
each fixed base card-minding device sold.
(6) A card-minding device system may include
player tracking software. Player tracking records shall at all times be the
property of the charitable organization and neither the manufacturer nor the
distributor shall utilize or make available to any person, other than the
department or as otherwise authorized by law, the information contained within
the player tracking software without the express permission of the charitable
organization.
(7) A manufacturer of
a card-minding device system shall manufacture each associated site system to
include a caller station verifier that is able to verify winning cards and to
print the cards for posting. The caller station verifier shall be capable of
posting all balls called for verification purposes and printing an ordered list
of the called balls.
(8)
(a) Each card-minding device system shall
employ safeguards to verify that proprietary software components are authentic
copies of approved software components and all components of the card-minding
device system are operating with identical copies of approved software
programs.
(b) The system shall have
sufficient security safeguards to ensure that any restrictions or requirements
of the department or any approved proprietary software are protected from
alteration by unauthorized personnel.
(c) Examples of security measures that may be
employed to comply with these provisions include the use of dongles, digital
signature comparison hardware and software, secure boot loaders, encryption,
and key and callback password systems.
(9) A manufacturer of a card-minding device
system shall ensure that a card-minding device shall not allow any bingo cards
or faces other than those verifiably purchased by the patron to be available
for play.
(10) A manufacturer shall
not display, use, or otherwise furnish a card-minding device that has in any
manner been marked, defaced, or tampered with, or that is otherwise intended to
deceive the public or affect a person's chances of winning.
(11) If the card-minding device system is
capable of using radio frequency, it shall not be dual frequency.
(12) The card-minding device system shall
provide password protection for each charitable organization.
(13) The card-minding device system shall
erase, deactivate, or render unplayable the electronic faces on each
card-minding device prior to the next scheduled charitable gaming session:
(a) Upon turning off the device after the
last bingo game of the charitable gaming session has been played or upon
placing the device into a charging unit; and
(b) By a secondary timing method established
by the manufacturer.
(14) The card-minding device system shall
ensure that patrons purchase additional electronic bingo faces at the site
system only.
Section 10.
Tracking by Manufacturer of Card-minding Device Systems.
(1) Each licensed manufacturer selling,
leasing, or otherwise furnishing card-minding device systems in Kentucky shall
maintain a single log or other record showing the following:
(a) The date of the transaction with the
distributor;
(b) The model,
version, and serial number of each hand-held card-minding device;
(c) The account number or terminal number of
each fixed base card-minding device;
(d) The model and version number of the site
system software; and
(e) The name
and license number of the distributor to whom the card-minding device system
was sold, leased, or otherwise furnished.
(2) A licensed manufacturer selling, leasing,
or otherwise providing a card-minding device system to a distributor for use in
Kentucky shall provide the distributor with an invoice or other documentation
that contains, at a minimum, the following information:
(a) The date of sale and the time period
covered by the invoice;
(b) The
quantity sold or leased; and
(c)
The total invoice amount.
(3) The licensed manufacturer shall maintain
physical or electronic copies of the documentation required by this section for
a period of thirty-six (36) months.
Section 11. Distributor Requirements for
Card-Minding Device Systems.
(1) Before
initial use by a charitable organization, the distributor shall ascertain that
the particular device and associated software version have been approved by the
department according to this administrative regulation.
(2) If the card-minding devices are used at
multiple locations, each location shall have its own separate site
system.
(3) Before the complete
removal of any card-minding device system, the distributor shall supply a copy
of the data files to each charitable organization that used the card-minding
device system and to the department.
(4) A distributor shall not display, use, or
otherwise furnish a card-minding device that has in any manner been marked,
defaced, tampered with, or that is otherwise intended to deceive the public or
affect a person's chances of winning.
(5) Each distributor selling, leasing, or
otherwise furnishing card-minding device systems shall maintain a single log or
other record showing the following information, to be submitted to the
department upon request:
(a) The playing
location name, physical address, telephone number, and facility license number,
if applicable, where the card-minding device system is located;
(b) The modem number and quantity of
card-minding devices at each playing location;
(c) The date the card-minding device system
was installed or removed;
(d) The
model, version, and serial numbers or terminal numbers of the card-minding
devices and site system equipment;
(e) The name and license number of the
charitable organization or distributor to whom the card-minding device system
was sold, leased, or otherwise furnished;
(f) The name and license number of the
manufacturer or distributor from whom the card-minding device system was
purchased, leased, or otherwise obtained;
(g) Each contract, lease, or purchase
agreement between a distributor of a card-minding device and the charitable
organization or other distributor to which a device is furnished; and
(h) The total dollar amount of card-minding
device sales or lease transactions regarding each charitable organization to
which any card-minding device was furnished during each calendar
quarter.
(6) A
distributor selling, leasing, or otherwise providing a card-minding device
system to a charitable organization or distributor shall provide the charitable
organization or distributor with an invoice or other documentation that
contains, at a minimum, the following information:
(a) The date of sale and the time period
covered by the invoice;
(b) The
quantity sold or leased; and
(c)
The total invoice amount.
(7) The distributor shall maintain physical
or electronic copies of the documentation required by this section for a period
of thirty-six (36) months.
Section
12. Requirements for Use of Card-Minding Device Systems.
(1) Before initial use of a card-minding
device system, the charitable organization shall ascertain that the particular
device and associated software version have been approved by the department for
use in Kentucky.
(2) A charitable
organization shall not display, use, or otherwise furnish a card-minding device
that has in any manner been marked, defaced, tampered with, or that otherwise
may deceive the public or affect a player's chances of winning.
(3) If a player's card-minding device
malfunctions during a bingo game, it may be repaired or the faces transferred
to another card-minding device if it will not interrupt the game.
(4) Each card-minding device shall be limited
to offering for play a maximum of seventy-two (72) card faces during any one
(1) game of a session.
(5) The
charitable organization shall ensure that the card-minding device system does
not allow a card-minding device to be used to obtain a bingo prize for any
bingo game other than for a game within the bingo session for which the
card-minding device was sold.
(6)
The department may examine and inspect any card-minding device and site system.
The department shall be granted reasonable access to the card-minding devices
and unlimited inspection of all parts of the site system.
(7) The charitable organization shall provide
the player with a receipt printed on a receipt printer for each sale detailing
the transaction. The receipt shall contain, at a minimum, the following
information:
(a) A unique transaction number
that is printed in continuous, consecutive order and that cannot be reset or
altered;
(b) The serial number of
the card-minding device issued;
(c)
The date and time the receipt was issued;
(d) The name of the charitable organization
and license number; and
(e) A
description, quantity, purchase price, and total dollar amount of each item
purchased.
(8) The
charitable organization shall void the original transaction and issue a new
receipt if a player requests a partial or full refund. Additional purchases
shall not require voiding of the original transaction.
(9) A voided transaction shall be treated in
the manner established by this section.
(a) A
voided transaction shall be processed immediately.
(b) If a voided transaction involves a
card-minding device, the card-minding device shall be connected to the site
system to ensure all electronic bingo cards are erased or
deactivated.
(c) The player shall
possess the receipt issued at the time of the purchase of the card minding
device before the purchase is voided.
(d) The word "void" shall be clearly printed
on the receipt.
(e) The player
shall write his name, address, telephone number, signature, and amount of
refund on the back of the receipt before a partial or full refund may be
issued.
(f) All voided receipts
shall be attached to the Total Sales Activity Report printed at the end of each
charitable gaming session and maintained with the gaming records.
(10) If the charitable
organization loads the card-minding devices prior to selling them, all unsold
card-minding devices shall be voided by the start of the second game.
(11) If the receipt printer malfunctions or
printed receipts are not legible, manual receipts shall be issued that contain
the same information required by subsection (7) of this section.
(12) If the department or any player requests
verification of a winning card face played on a card-minding device, the
session chairperson shall print the winning card face and post it in a
conspicuous location where it may be viewed in detail. Winning card faces
requested for posting shall remain posted for at least thirty (30) minutes
after the completion of the last bingo game at that particular charitable
gaming session.
(13) The charitable
organization shall reasonably ensure that the internet connection to the site
system is operational at all times.
(14) If the charitable organization sells
card-minding devices for a discounted price, or gives them away as a promotion,
the site system shall be programmed to account for the discounted item and
shall be priced separately from those sold at the regular price. A generic
discount key shall not be allowed.
(15) The charitable organization shall print
a Total Sales Activity Report reflecting activity from the time of the initial
sale to the end of each bingo session. These records shall be maintained with
the charitable gaming session records.
(16) A manufacturer's representative or
distributor's representative may be present during a bingo session only to
consult, demonstrate, or train charitable organizations on the operation of the
card-minding device system.
Section
13. Bingo Rules of Play: General Provisions.
(1) All individuals involved in the conduct
of a bingo session shall be trained in the proper conduct of the game and the
control of funds.
(2) The
chairperson of the licensed charitable gaming session shall be in full charge
of the licensed charitable gaming session, supervise and direct all volunteers,
and be responsible for assuring the proper receipt and recording of gaming
funds.
(3) Except for braille cards
intended for use by blind players, bingo paper or card minding devices shall
not be reserved by the charitable organization for any player. Legally-blind
players may use their own cards if the charitable organization does not make
braille cards available. In accordance with KRS 238.505(15), braille cards
shall not be considered gaming supplies and equipment and may be purchased from
ordinary sources of supply.
(4)
More than one (1) charitable organization shall not conduct gaming at the same
time and location as another charitable organization except for a licensed
charity fundraising event.
(5) If a
bingo session is cancelled once it is commenced, a charitable organization may
refund a portion of the purchase price of the bingo paper or card-minding
device. A charitable organization shall not continue the session or award the
prizes at a later date.
(6) Each
charitable organization's gaming supplies shall be maintained in a location
separate from another charitable organization's gaming supplies. This location
shall be locked and access shall be limited. An extra set of bingo balls shall
not be stored at the caller's stand but shall be stored with the other
charitable gaming supplies.
(7) A
volunteer at a charitable gaming session at which bingo cards or faces are sold
shall not purchase or play bingo cards or faces at that session unless the
volunteer's duties are complete for the session. Once a volunteer starts
playing bingo, that person shall not work as a volunteer for the remainder of
that charitable gaming session.
(8)
If the charitable organization has house rules concerning its bingo session,
the house rules shall:
(a) Be posted in at
least two (2) conspicuous locations at the charitable gaming session and
announced prior to the commencement of the charitable gaming session, or be
listed on the program;
(b) Not be
in conflict with KRS Chapter 238 or 820 KAR Chapter 1;
(c) Be followed; and
(d) Include the charitable organization's
name and license number.
(9) Every ball in the bingo machine or other
selection device shall be displayed for verification at the commencement and at
the completion of each bingo session.
(10) Individual bingo paper sheets in a pack
shall not be sold as individual bingo paper sheets.
(11) The charitable organization shall buy a
complete set of paper and use that paper before starting another set.
(12) A charitable organization shall not
separate faces on one (1) paper sheet or any paper sheets in a pack prior to
play.
(13) The price for each type
of bingo sheet, pack, or package shall be listed on the bingo
program.
(14) Bingo paper sheets,
bingo paper packs, and bingo paper packages shall be used during the bingo
session for which they were purchased. A charitable organization shall not
allow a player to carry over purchased, but unused, bingo paper sheets, bingo
paper sheet packs, or bingo paper packages to a subsequent bingo
session.
(15) A charitable
organization shall not allow a player to play bingo paper that was not
purchased at that session, except for braille cards pursuant to subsection 3 of
this section.
(16) The charitable
organization shall not duplicate or otherwise make copies of bingo
paper.
(17) If a charitable
organization sells the same paper packs or paper sheets for different prices,
the packs or sheets shall be distinguishable by serial number.
(18) A charitable organization shall not sell
bingo paper in a bundle.
(19) If a
charitable organization sells bingo paper as a package, the package shall
become a unique item with a certain price and the items in the package shall
not be sold individually unless a separate serial number is used.
(20) If a charitable organization games in
back-to-back sessions, it may pre-sell paper for the second session if a
different set of paper is used with a different color or border and a different
serial number. The money from the preselling of paper shall be deposited with
the second session receipts and the sales recorded on the second session
charitable gaming session records. If the price for the presold paper is
discounted, the charitable organization shall list this discount on the
charitable gaming session program and use a third set of paper with a different
serial number.
Section
14. Playing.
(1) All players
shall be physically present at the location where the bingo game is held in
order to play the game or claim a prize.
(2) The bingo session shall start when the
balls are verified. The balls shall be verified before the pickle jar, bonanza
ball, or hot ball is selected and called. If a licensed charitable organization
is authorized to sell paper or electronic pulltabs during its bingo session,
the licensed charitable organization may commence selling paper or electronic
pulltabs prior to the start of the bingo session with prior approval of the
department. All paper or electronic pulltabs sold in this manner shall be
reported on the licensed charitable organization's bingo session
records.
(3) The caller shall turn
off all personal electronic devices and shall not use any personal electronic
devices while engaged in the calling of a bingo game.
(4) Before selecting or calling the first
number in a game, the bingo caller shall call out the amount of the game prize
to be awarded.
(5) Before selecting
and calling the first number in a game, the bingo caller shall announce the
pattern or arrangement of squares to be covered to win the game, which shall
also be listed in the bingo program.
(6) After selecting each number, the bingo
caller shall:
(a) Clearly announce the
number;
(b) With the exception of a
speed game, display the ball or other device used in a manner allowing the
players to see the number;
(c)
Cause the ball or other device to be placed in a ball tray or other device so
as to prevent it from being placed back into the selection pool; and
(d) Enter each letter and number called on a
flashboard or similar device for player viewing.
(7) A winner shall be determined when the
preannounced pattern of squares is covered by a player on a card.
(8) It shall be the player's responsibility
to notify a volunteer including the chairperson or caller that the player has a
winning bingo combination.
Section
15. Pickle Jar, Bonanza Ball, or Hot Ball.
(1) When an additional prize is to be awarded
if a patron wins on a certain number, the rules of play, the maximum payout,
and cost to enter shall be listed on the bingo program. These numbers may be
selected and posted before the first game is called.
Section 16. Break-open Bingo.
(1) A break-open bingo game shall begin when,
in the presence of players attending the bingo session, the charitable
organization calls and posts, either manually or by use of a flashboard, a
predetermined quantity of randomly selected bingo numbers from a selection
device or a separate bingo number container. If a flashboard is used, these
numbers shall be posted on a board separate from the regular bingo board unless
the regular board is capable of keeping track of these numbers separately. The
balls shall then be placed back into the selection pool until the game is
played on the program.
(2) Sealed
bingo paper sheets for a break-openbreak open game may be sold throughout the
bingo session. Additional bingo paper sheets for a break-open game shall not be
sold after the charitable organization resumes calling letters and numbers when
the game is played on the program.
(3) A charitable organization may allow
players to trade break-open bingo faces for new faces.
(4) If the charitable organization allows
players to trade break-open bingo faces for new faces, two (2) sets of the game
faces shall be maintained. One (1) set shall be known as the "original set" and
shall be of a different serial number than the second set, known as the "trade
in" set.
(5)A charitable
organization shall list on the bingo program the price of the original set and
the trade-in set.
Section
17. Player Pick.
(1) If the
charitable organization offers a Player Pick game, the requirements established
in this section shall apply.
(2) A
player shall select numbers between one (1) and seventy-five (75). A player
shall not select more than five (5) numbers for each column. The player may
allow the machine to select the numbers.
(3) Duplicate numbers shall not be played on
a purchased face. If duplicate numbers appear on a face, the card shall be
void.
(4) Once selected, the
machine shall print a face with the selected numbers.
(5) The faces shall conform to the
construction and randomization standards established in this administrative
regulation.
(6) The price of each
face and the amount of numbers that will be chosen shall be listed on the bingo
program.
(7) The numbers shall be
daubed as the balls are called when the game is played as listed on the bingo
program.
(8) A player shall win if
he or she is the first person to cover the numbers.
Section 18. Continuation Games.
(1) Multiple patterns may be played on one
(1) bingo face. Each portion of the continuation game shall be considered a
single bingo game, even though the bingo balls shall not be returned to the
selection pool after a winner has been determined and verified.
(2) Each winning pattern shall be verified
independently.
Section
19. Progressive Bingo Games.
(1)
(a) Progressive games or prizes connected to
a bingo game or conditioned on winning a bingo game shall be permitted only if
prizes awarded on progressive games are included in the prize limit established
in KRS 238.545(1), regardless of the method by which a player is eligible to
participate.
(b) The charitable
organization shall be responsible for ensuring that the value of any
progressive bingo game prize, when added to the values of the other prizes of
the same date or session, does not exceed the statutory prize limit.
(c) All receipts on progressive bingo games
shall be reported to the department as gross receipts for the date collected
pursuant to KRS 238.550.
(2) Once a progressive bingo game has been
started, the game shall be played in the same manner at every session until the
prize is awarded. The jackpot prize shall be offered at each successive bingo
session for that charitable organization until the jackpot prize has been
won.
Section 20. Lucky
Ball.
(1) If the charitable organization
offers Lucky Ball play, the requirements in this Section shall apply.
(2) Players may purchase one (1) Lucky Ball
ticket prior to the beginning of a bingo session, and before purchasing any
other bingo paper. Each player shall be limited to one (1) Lucky Ball ticket
per bingo session.
(a) Lucky Ball tickets
shall consist of a pre-printed form with space provided for the player's Lucky
Ball number, name, date, and the name of the ticket seller to be written in.
The Lucky Ball tickets shall also have pre-printed sequential ticket numbers
for tracking and verification purposes.
(b) The cost of a Lucky Ball ticket shall not
exceed five (5) dollars. Money from Lucky Ball ticket sales shall be retained
by the charitable organization as part of the gaming proceeds from the gaming
session.
(c) Each player may choose
his own Lucky Ball number at the time of purchase of the ticket, and shall
immediately write that number, in ink, on the Lucky Ball ticket, along with the
player's name, the date, and the name of the ticket seller.
(d) Once the information is written on the
Lucky Ball ticket, the carbon copy or electronic duplicate copy of the ticket
shall be retained by the charitable organization, and all ticket copies shall
be placed in numerical order as soon as possible after the start of a gaming
session. The charitable organization shall verify that the player has written a
correct name on the ticket by checking photo ID at the time of sale, and shall
keep a log of tickets sold and Lucky Ball numbers to verify that any tickets
are used only by the ticket buyer and are not traded or sold during the
session.
(e) Once the player
purchases bingo paper for play in that session, the player shall write their
Lucky Ball number on the back of each piece of bingo paper to be put into
play.
(3) During bingo
play, any player who purchased a Lucky Ball number may mark that number as a
free space, or "wildcard" number to mark their bingo paper to form bingos,
regardless of whether that number is selected by the caller in regular
play.
(4) No selling, trading, or
exchange of any kind of Lucky Ball tickets or bingo paper may take place during
a bingo session between players of their chosen Lucky Ball numbers. All
monitors, sellers, and volunteers shall observe whether a player's Lucky Ball
number matches the number written on the back of the bingo paper to prevent
selling, trading, or exchange of Lucky Ball tickets or bingo paper.
(5) Verifying a bingo.
(a) Once a player announces a bingo, a
volunteer or monitor reads the perm number from the bingo paper to the caller.
The caller then enters the perm number into the console.
(b) If the console does not verify a bingo,
and if the Lucky Ball tickets cannot be verified electronically by the perm
numbers, the caller must ask if there is a Lucky Ball.
(c) If there is a Lucky Ball, the volunteer
calls out only the receipt number on the Lucky Ball ticket to the caller, in
the presence of a neutral player.
(d) The caller then communicates the receipt
number to the office or to the person holding the carbon copies of the Lucky
Ball tickets in numerical order. The charitable organization shall verify that
the Lucky Ball ticket had not been sold, traded, or exchanged by the players,
by checking the photo ID of the winning player and checking to ensure the Lucky
Ball number was written on the back of the bingo paper.
(e) After the receipt is located and the
receipt numbers verified, the Caller shall announce the Lucky Ball number to
the Monitor and the audience. The neutral player shall still be viewing the
ticket to verify the bingo. The Lucky Ball number of the winning player may or
may not be the last number called.
(f) Once a bingo is verified, the caller
shall announce the last number called and the number of valid bingos for that
game. The same verification procedure shall be followed in the case of multiple
bingos until all are verified.
Section 21. Winner Verification and
Registration.
(1) A manufacturer of bingo
paper shall make available for purchase a verification book or other
verification system for all paper manufactured.
(2) The charitable organization conducting a
bingo game shall use a reliable verification system that corresponds with the
set of paper in play.
(3) When a
player declares a winning bingo, the steps established in this subsection shall
be followed for winner verification.
(a) The
game shall be stopped before the next number is called. If the next number has
been selected, it shall be secured to ensure that if the declared "bingo" is
invalid, the game will continue.
(b) If an electronic verifier or verifier
book is used, a volunteer for the charitable organization shall:
1. Show the winning face to a neutral player,
who shall be a player other than the winner; and
2. Call back the perm number while in front
of the neutral player.
(c) If any other verification system is used,
a volunteer for the charitable organization shall:
1. Show the winning face to a neutral player,
who shall be a player other than the winner; and
2. Call back the winning combination while in
front of the neutral player.
(4) The caller shall ask at least twice if
there are any other winners before announcing the close of the game. If playing
a continuation game, the caller shall ask at least twice if there are any other
winners before the close of that part of the game.
(5) If more than one (1) winner is declared
in a bingo game, prizes shall be awarded as established in this subsection.
(a) Cash prizes shall be divided equally
among the verified winners.
(b) If
the prize is something other than cash and cannot be divided among winners,
prizes of equal proportionate value shall be awarded.
Section 22. Prizes.
(1) If a merchandise prize or discount is
available to everyone, it shall be considered a promotional item and counted as
an expense.
(2) If a merchandise
prize or discount is not available to everyone, it shall be included in the
prize limit established in KRS 238.545(1) at its fair market value. It shall be
included in expenses for purchased prizes at actual cost. If the merchandise
prize is a gaming supply, it shall be included in supplies expense at actual
cost.
(3) The fair market value of
bingo paper, a card-minding device, electronic pulltab device, or paper
pulltabs awarded as a merchandise prize shall be the price that a patron would
have paid for the same bingo paper, card-minding device, electronic pulltab
device, or paper pulltab at that charitable gaming session.
(4)
(a) If
bingo paper is awarded as a door prize or a bingo game prize, the patron shall
be given a voucher.
(b) The voucher
shall be completed with:
1. The name, address,
and phone number of the patron redeeming the voucher;
2. The date on which it was
awarded;
3. The date on which it
was redeemed;
4. The amount of
paper given in exchange for the voucher; and
5. The serial number of the bingo
paper.
(c) Once the
voucher is completed, it shall be redeemed for the bingo paper.
(d) The charitable organization shall retain
the voucher with its session records.
(5) If bingo paper is awarded as a
promotional item, the description of the paper shall be listed on the program
with "free" or "promotional" listed as the price. If the charitable
organization also sells that type of paper, a separate set of paper with a
separate serial number shall be used.
(6)
(a) If a
card-minding device or electronic pulltab device is awarded as a door prize or
a bingo game prize, the patron shall be given a voucher.
(b) The voucher shall be completed with:
1. The name, address, and phone number of the
patron redeeming the voucher;
2.
The date on which it was awarded;
3. The date on which it was redeemed;
and
4. The number of card-minding
devices and the number of faces loaded on each device, or the number of
electronic pulltab devices and credits loaded on each device, if any, given in
exchange for the voucher.
(c) Once the voucher is completed, it shall
be redeemed for the card-minding device or electronic pulltab device. No more
than one (1) card-minding device or one (1) electronic pulltab device may be
redeemed per player per session.
(d) The charitable organization shall retain
the voucher with its session records.
(e) There shall be a specific button on the
point of sale programmed for each type of voucher and package involving a
card-minding device or electronic pulltab device.
(7) If a card-minding device is awarded as a
promotional item, the description of the promotional package shall be listed on
the program with "free" or "promotional" listed as the price. The point of sale
shall have a specifically described discount button for this
promotion.
(8) If a charitable
organization offers coupons for bingo paper or a card-minding device, a voucher
shall be completed when the coupon is redeemed, and the coupon and the voucher
shall be retained with the charitable gaming session records.
(9) If the charitable organization sells gift
certificates for bingo paper or a card-minding device, the receipts for the
sale shall be counted as gaming receipts on the day they are received. When the
gift certificate is redeemed, a voucher shall be completed and the gift
certificate and the voucher shall be retained with the charitable gaming
session records.
(10) If a paper
pulltab or electronic pulltab device is awarded as a bingo prize, the person in
charge of bingo payouts shall purchase the pulltabs or electronic pulltab
device and any credits loaded to the device from the pulltab manager by
transfer of cash from bingo payout to pulltab sales and it shall be recorded as
a sale on the session records.
(11)
Each bingo winner shall be determined and every prize shall be awarded and
delivered on the same day on which the bingo was conducted.
(12) A voucher shall be redeemed on the same
day as awarded.
Section
23. Incorporation by Reference.
(1) Form CG-CMD, "Total Sales Activity Report
(2018)" 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, 500 Mero Street 2NW24, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 238.515,
238.545