Code 528.010 (4) (a) defines gambling:

“(4) (a) ‘Gambling’ means staking or risking something of value upon the outcome of a contest, game, gaming scheme, or gaming device, which is based upon an element of chance. in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome. A contest or game in which eligibility to participate is determined by chance and the ultimate winner is determined by skill shall not be considered to be gambling.”

The conclusion that cash can be paid as a prize if the skill-based amusement game is legal.

Section 528.010(4) (a) removes a skill game from the definition of gambling

because the element of skill has replaced the element of chance. Therefore, if you operate skill games in Kentucky where the ultimate winner is determined by skill, it shall not be a violation of the gambling codes.

Gambling device is defined in Section 528.010 (5) (a), (b), and (c):

The element of chance is clearly an important part in the definition of gambling device as well.

(5) ‘Gambling device’ means:

(a) Any so-called slot machine or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which when operated may  deliver, as a result of the application of an element of chance, any money or property, or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance. any money or property; or……

(c) Any other machine or mechanical or other device including but not limited to roulette wheels, gambling tables and similar devices, designed and manufactured primarily for use in connection with gambling and which when operated may deliver, as the result of the application an element of chance, any money or property, or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property;”