Request By:
Hon. David G. Mason
County Attorney
Main Street
New Castle, Kentucky 40050
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
In your letter of May 4 you asked whether a volunteer rescue squad, fire department or similar group could legally sell raffle tickets where the prize would consist of a percentage of the money taken in on the raffle. It is the opinion of this office that such a raffle constitutes a lottery and is illegal under Kentucky Constitution § 226 and under chapter 528 of Kentucky Revised Statutes.
Kentucky Constitution § 226 prohibits the operation of a lottery. Chapter 528 deals with the crimes of Promoting Gambling and Possession of Gambling Records. A lottery is defined under KRS 528.010 as:
"(a) a gambling scheme in which:
1. The players pay or agree to pay something of value for chances . . . one or more of which are to be designated winning ones, and
2. The winning chances are to be determined by a drawing or by some other method based upon the element of chance; and
3. The holders of the winning chances are to receive something of value." [Emphasis added.]
As you have described the proposed raffle, it would be a lottery. The elements of giving valuable consideration, chance, and receiving something of value are all present. Thus, operation of the raffle in the proposed manner would be illegal and, depending upon the facts, the fire department or rescue squad could be convicted of promoting gambling or possession of gambling records.
We have enclosed two opinions rendered under prior law, KRS 436.360. That section has since been repealed and replaced by chapter 528. Inasmuch as the rationale under the two is similar, the discussions in these opinions may be of benefit.