Ky. Rev. Stat. » Chapter 436
Kentucky Revised Statutes

Ky. Rev. Stat. § 436.360 (2026)

Repealed, 1975

✓ current as of May 2026
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Catchline at repeal: Lotteries and gift enterprises -- "Chain" merchandising -- Injunctive relief -- Civil penalties. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1966 Ky. Acts ch. 218, sec. 1. -- Amended 1944 Ky. Acts ch. 173, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2573.

Notes of Decisions
Cited in 9 cases, 1943–1974 · leading case: Commonwealth v. Allen, 404 S.W.2d 464 (Ky. Ct. App. 1966).
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Commonwealth v. Allen, 404 S.W.2d 464 (Ky. Ct. App. 1966). · cites it 6× “The Commonwealth has appealed from the ruling of the trial court which dismissed Count One of an indictment against appellee as failing to state facts constituting a violation of KRS 436.360. Certification of the law is sought pursuant to KRS 21.”
Marchetti v. United States, 390 U.S. 39 (1968). “15 (1964); Ky. Rev. Stat. §436.360 (1962); La. Rev. Stat.”
Commonwealth v. Tolleson, 321 A.2d 664 (Pa. Commw. Ct. 1974). · cites it 2× “§50-603 ; Ky. Rev. Stat. Ann. §436.360 ; La. Rev. Stat.”
AB Long Music Co. v. Commonwealth, 429 S.W.2d 391 (Ky. Ct. App. 1968). “All of the machines were in private places of business open to the general public, such as liquor stores, pool rooms, taverns, restaurants, and one gasoline service station.”
Gilley v. Commonwealth, 19 A.L.R. 2d 1224 (Ky. Ct. App. 1950). “Buford Gilley was indicted under KRS 436.360 for operating* a lottery. He pleaded guilty under KRS 436.”
Gilley v. Commonwealth, 229 S.W.2d 60 (Ky. Ct. App. 1950). “Thereafter the Commonwealth, acting through the Attorney General, moved the court under KRS 436.280 to forfeit for the use of the State $3331.”
Commonwealth v. Malco-Memphis Theatres, Inc., 169 S.W.2d 596 (Ky. Ct. App. 1943). “Section 2573 of Cai'roll’s Kentucky Statutes, now KRS 436.360, which provided a severe penalty for operating a lottery, was enacted in 1892 in pursuance of section 226 of the Constitution which reads: “Lotteries and gift enterprises are forbidden, and no privileges shall be…”
Hardy v. St. Matthew's Cmty. Ctr., 240 S.W.2d 95 (Ky. Ct. App. 1951). · cites it 2× “” Section 226 of our Constitution prohibits lotteries and gift enterprises, directs the General Assembly to enforce the constitutional provision by proper penalties, and by KRS 436.360 the party holding the lottery is penalized.”
Commonwealth v. Campbell, 406 S.W.2d 730 (Ky. Ct. App. 1966). · cites it 2× “The Commonwealth seeks a certification of the law concerning whether count one of an indictment against appellee states a violation of KRS 436.360. Count one avers: “That during the year of 1965, in Jefferson County, Kentucky, the above named defendant conducted, managed, or…”
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