As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 333 5
1999-2000 6
SENATOR KEARNS 8
_________________________________________________________________ 10
A B I L L
To amend section 2915.08 of the Revised Code to 12
require that an application for a bingo license 13
be accompanied by a copy of Internal Revenue
Service Form 990 and any other Internal Revenue 14
Service income statement form that the Attorney 15
General may require.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2915.08 of the Revised Code be 19
amended to read as follows: 20
Sec. 2915.08. (A) Annually before the first day of 29
January a charitable organization that desires to conduct bingo 30
games shall make out and deliver to the attorney general, upon a 31
form to be furnished by the attorney general for that purpose, an 32
application for a license to conduct bingo and a license fee of 33
one hundred dollars or a reduced license fee established by the 34
attorney general pursuant to division (G) of this section. The 35
application shall be in the form prescribed by the attorney 36
general and shall be signed and sworn to by the applicant. 37
The application shall contain the following: 39
(1) The name and post-office address of the applicant; 41
(2) A statement that the applicant is a charitable 43
organization and that it has been in continuous existence as a 44
charitable organization in this state for two years immediately 45
preceding the making of the application or for five years in the 46
case of a fraternal organization or a nonprofit medical 47
organization; 48
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(3) The location at which the organization will conduct 50
the bingo game, which location shall be within the county in 51
which the principal place of business of the applicant is 52
located, the days of the week and the times on each of those days 53
when a bingo session will be conducted, whether the organization 54
owns, leases, or subleases the premises, and a copy of the rental 55
agreement if it leases or subleases the premises; 56
(4) A statement of the applicant's previous history, 58
record, and association that is sufficient to establish that the 59
applicant is a charitable organization and, a copy of a 60
determination letter that is issued by the Internal Revenue 61
Service and states that the organization is tax exempt under 62
subsection 501(a) and described in subsection 501(c)(3), 63
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal 64
Revenue Code, AND A COPY OF INTERNAL REVENUE SERVICE FORM 990, 66
AND A COPY OF ANY OTHER INTERNAL REVENUE SERVICE INCOME STATEMENT 67
FORM THAT THE ATTORNEY GENERAL MAY REQUIRE, THAT THE APPLICANT 68
HAS MOST RECENTLY FILED WITH THE INTERNAL REVENUE SERVICE; 69
(5) A statement as to whether the applicant has ever had 71
any previous application refused, whether it previously has had a 72
license revoked or suspended, and the reason stated by the 73
attorney general for the refusal, revocation, or suspension; 74
(6) A statement of the charitable purpose for which the 76
bingo proceeds will be used; 77
(7) Other necessary and reasonable information that the 79
attorney general may require by rule adopted pursuant to section 80
111.15 of the Revised Code; 81
(8) In the case of an applicant seeking to qualify as a 83
youth athletic park organization under division (CC) of section 84
2915.01 of the Revised Code, a statement issued by a board or 85
body vested with authority under Chapter 755. of the Revised Code 86
for the supervision and maintenance of recreation facilities in 87
the territory in which the organization is located, certifying 88
that the playing fields owned by the organization were used for 89
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at least one hundred days during the year in which the statement 90
is issued, and were open for use to all residents of that 91
territory, regardless of race, color, creed, religion, sex, or 92
national origin, for athletic activities by youth athletic 93
organizations, as defined in division (BB) of section 2915.01 of 94
the Revised Code, that do not discriminate on the basis of race, 95
color, creed, religion, sex, or national origin, and that the 96
fields were not used for any profit-making activity at any time 97
during the year. That type of board or body is authorized to 98
issue the statement upon request and shall issue the statement if 99
it finds that the applicant's playing fields were so used. 100
The attorney general, within thirty days after receiving a 102
timely filed application from a charitable organization that has 103
been issued a bingo license that has not expired and has not been 104
revoked or suspended, shall send a temporary permit to the 105
applicant specifying the date on which the application was filed 106
with the attorney general and stating that, pursuant to section 107
119.06 of the Revised Code, the applicant may continue to conduct 108
bingo games until a new license is granted or, if the application 109
is rejected, until fifteen days after notice of the rejection is 110
mailed to the applicant. The temporary permit does not affect 111
the validity of the applicant's application and does not grant 112
any rights to the applicant except those rights specifically 113
granted in section 119.06 of the Revised Code. The issuance of a 114
temporary permit by the attorney general pursuant to this 115
paragraph does not prohibit the attorney general from rejecting 116
the applicant's application because of acts that the applicant 117
committed, or actions that he THE APPLICANT failed to take, 118
before or after the issuance of the temporary permit. 120
(B)(1) The attorney general shall adopt rules to enforce 122
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised 123
Code, to ensure that bingo games are conducted in accordance with 124
those sections, and to maintain proper control over the conduct 125
of bingo games. The rules, except rules adopted pursuant to 126
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division (A)(7) of this section, shall be adopted pursuant to 127
Chapter 119. of the Revised Code. The attorney general shall 128
license charitable organizations to conduct bingo games in 129
conformance with this chapter and with the licensing provisions 130
of Chapter 119. of the Revised Code. 131
(2) The attorney general may refuse to grant a bingo 133
license to any organization, or revoke or suspend the license of 134
any organization, that does any of the following or to which any 135
of the following applies: 136
(a) Fails or has failed at any time to meet any 138
requirement of sections 2915.07 to 2915.11 of the Revised Code, 139
or violates or has violated any provision of sections 2915.02 or 140
2915.07 to 2915.12 of the Revised Code or any rule adopted by the 141
attorney general pursuant to this section; 142
(b) Makes or has made an incorrect or false statement that 144
is material to the granting of the license in an application 145
filed pursuant to division (A) of this section; 146
(c) Submits or has submitted any incorrect or false 148
information relating to an application if the information is 149
material to the granting of the license; 150
(d) Maintains or has maintained any incorrect or false 152
information that is material to the granting of the license in 153
the records required to be kept pursuant to division (A) of 154
section 2915.10 of the Revised Code, if applicable; 155
(e) The attorney general has good cause to believe will 157
not conduct its bingo games in accordance with sections 2915.02 158
and 2915.07 to 2915.12 of the Revised Code or with any rule 159
adopted by the attorney general pursuant to this section. 160
(3) For the purposes of this division, any action of an 162
officer, trustee, agent, representative, or bingo game operator 163
of an organization is an action of the organization. 164
(C) The attorney general may grant bingo licenses to 166
charitable organizations that are branches, lodges, or chapters 167
of national charitable organizations. 168
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(D) The attorney general shall send notice in writing to 170
the prosecuting attorney and sheriff of the county in which the 171
organization will conduct the bingo game, as stated in its 172
application for a license or amended license, and to any other 173
law enforcement agency in that county that so requests, of all of 174
the following: 175
(1) The issuance of the license; 177
(2) The issuance of the amended license; 179
(3) The rejection of an application for and refusal to 181
grant a license; 182
(4) The revocation of any license previously issued; 184
(5) The suspension of any license previously issued. 186
(E) A bingo license issued by the attorney general shall 188
set forth the information contained on the application of the 189
charitable organization that the attorney general determines is 190
relevant, including, but not limited to, the location at which 191
the organization will conduct the bingo game and the days of the 192
week and the times on each of those days when a bingo session 193
will be conducted. If the attorney general refuses to grant or 194
revokes or suspends a bingo license, he THE ATTORNEY GENERAL 195
shall notify the applicant in writing and specifically identify 197
the reason for the refusal, revocation, or suspension in 198
narrative form and, if applicable, by identifying the section of 199
the Revised Code violated. The failure of the attorney general 200
to give the written notice of the reasons for the refusal, 201
revocation, or suspension or a mistake in the written notice does 202
not affect the validity of the attorney general's refusal to 203
grant, or the revocation or suspension of, a bingo license. If 204
the attorney general fails to give the written notice or if there 205
is a mistake in the written notice, the applicant may bring an 206
action to compel the attorney general to comply with this 207
division or to correct the mistake, but the attorney general's 208
order refusing to grant, or revoking or suspending, a bingo 209
license shall not be enjoined during the pendency of the action. 210
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(F) A charitable organization that has been issued a bingo 212
license pursuant to division (B) of this section but that cannot 213
conduct bingo sessions at the location, or on the day of the week 214
or the time, specified on the license due to circumstances beyond 215
its control may apply, without charge, in writing to the attorney 216
general for an amended bingo license. The application shall 217
describe in detail the causes making it impossible for the 218
organization to conduct its bingo sessions in conformity with its 219
license and shall indicate the location, days of the week, and 220
times on each of those days when it desires to conduct a bingo 221
session. If the attorney general approves the application for 222
the amended license, he THE ATTORNEY GENERAL shall issue the 223
amended license in accordance with division (E) of this section, 224
and the organization shall surrender its original license to the 225
attorney general. The attorney general shall refuse to grant an 226
application for an amended bingo license according to the terms 227
of division (B) of this section. 228
(G) The attorney general, by rule adopted pursuant to 230
section 111.15 of the Revised Code, shall establish a schedule of 231
reduced license fees for charitable organizations that desire to 232
conduct bingo games during fewer than twenty-six weeks in any 233
calendar year. 234
Section 2. That existing section 2915.08 of the Revised 236
Code is hereby repealed. 237