(a) Whoever shall have in his possession or on any premises in his occupation or under his control any device, machine, punchboard or other contrivance designed for use in gambling, betting, or whereby money or other thing of value may be won or lost shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or be imprisoned not less than thirty (30) days nor more than twelve (12) months, or shall be both so fined and imprisoned. Each device, machine, punchboard or contrivance possessed or kept on the premises in violation of this section and each day that such violation shall continue or occur shall be considered separate offenses for which a fine or imprisonment, or both, may be imposed.
(b) A licensee, or the clerk, servant, agent, or employee of any premises licensed for the sale of alcoholic beverages under chapter 3 of this Code shall not set up, conduct, operate, keep, or engage in any gambling game, handbook or bookmaking on the licensed premises or permit any gambling game, handbook or bookmaking to be set up, conducted, operated, kept, or engaged in on the licensed premises. The sale of lottery tickets under the provisions of KRS Chapter 154A and contests in which the licensee has no interest and in which eligibility to participate is determined by chance and the winner is determined by skill shall be exempt from this prohibition. Any person convicted for violating this subsection shall be fined or imprisoned, or both, in accordance with subsection (a) and shall have his licenses revoked in accordance with subsection (c).
(c) If the person convicted of a violation of subsection (a) or (b) of this section is the licensee or the clerk, servant, agent or employee of any premises licensed for the sale of alcoholic beverages under chapter 3 of this Code or the owner or proprietor of a poolroom, soft drink parlor, confectionery, restaurant, cigar store or other place of public resort, and such device, machine, punchboard or other contrivance is found or such gambling game, handbook or bookmaking occurs on the premises for which the alcoholic beverage license was issued or wherein such business is conducted, the business license issued to such person or business pursuant to section 13-9 of the code shall be revoked and the licensee shall not be granted another license to conduct such business for a period of one (1) year from the date of such revocation and, in addition to the revocation of his business license, the holder of any license for the sale of alcoholic beverages issued under chapter 3 of this Code shall have his alcoholic beverage license revoked by the urban county alcoholic beverage control administrator.
(d) Any device, machine, punchboard or other contrivance mentioned in this section shall be confiscated and destroyed by the division of police.
(Ord. No. 86-2000, § 16, 4-13-00)