SENATOR Jacobson

To amend sections 109.32, 173.121, 1531.01, 1711.09,

1

2915.01, 2915.02, 2915.04, 2915.05, 2915.07 to

2

2915.10, 2915.12, and 3763.01 and to enact sections

3

2915.081, 2915.082, 2915.091, 2915.092, 2915.093,

4

2915.094, 2915.095, 2915.101, and 2915.13 of the

5

Revised Code to define "bingo" to include bingo,

6

instant bingo, punch boards, and raffles; to

7

increase the license fee to two hundred dollars for

8

a license that authorizes charitable organizations

9

to conduct bingo, to create a separate license that

10

authorizes charitable organizations to conduct

11

instant bingo with a license fee based on all money

12

or assets received from instant bingo, and to allow

13

the Attorney General to set the license fee for new

14

regular bingo licensees; to require the licensing

15

of manufacturers and distributors of bingo

16

supplies; to regulate the conduct of instant bingo

17

and raffles; and to make other changes in the

18

Charitable Gambling Law.

19

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 109.32, 173.121, 1531.01, 1711.09,	20
2915.01, 2915.02, 2915.04, 2915.05, 2915.07, 2915.08, 2915.09,	21
2915.10, 2915.12, and 3763.01 be amended and sections 2915.081,	22
2915.082, 2915.091, 2915.092, 2915.093, 2915.094. 2915.095,	23
2915.101, and 2915.13 of the Revised Code be enacted to read as	24
follows:	25

Sec. 109.32.  All annual filing fees obtained by the attorney	26
general pursuant to section 109.31 of the Revised Code, all	27
receipts obtained from the sale of the charitable lawfoundations	28
directory, and all registration fees received by the attorney	29
general, bond forfeitures, awards of costs and attorney's fees,	30
and civil penalties assessed under Chapter 1716. of the Revised	31
Code, and all license fees received by the attorney general under	32
section 2915.08, 2915.081, or 2915.082 of the Revised Code shall	33
be paid into the state treasury to the credit of the charitable	34
law fund. The charitable law fund shall be used insofar as its	35
moneys are available for the expenses of the charitable law	36
section of the office of the attorney general, except that all	37
annual license fees that are received by the attorney general	38
under section 2915.08, 2915.081, or 2915.082 of the Revised Code	39
and that are credited to the fund shall be used by the attorney	40
general, or any law enforcement agency in cooperation with the	41
attorney general, for the purposes specified in division (G) of	42
section 2915.10 of the Revised Code and to administer and enforce	43
Chapter 2915. of the Revised Code. The expenses of the charitable	44
law section in excess of moneys available in the charitable law	45
fund shall be paid out of regular appropriations to the office of	46
the attorney general.	47

Sec. 173.121.  (A) As used in this section, "bingo," "bingo	48
game operator," and "participant" have the same meanings as in	49
section 2915.01 of the Revised Code.	50

(B) Notwithstanding sections 2915.07 to 2915.122915.13 of	51
the Revised Code, a multipurpose senior center may conduct bingo	52
games described in division (S)(1) of section 2915.01 of the	53
Revised Code, but only if it complies with all of the following	54
requirements:	55

(1) All bingo games are conducted only on the premises of	56
the facility;.	57

(2) All participants are sixty years of age or older;.

58

(3) All bingo game operators are sixty years of age or older	59
and receive no compensation for serving as operators;.	60

(4) No participant is charged an admission fee, and no	61
participant is charged more than twenty-five cents to purchase a	62
bingo card or a card, sheet, or other device described in division	63
(S)(2)(a) of section 2915.01 of the Revised Code;.	64

(5) All proceeds from games are used only for any of the	65
following:	66

(a) To pay winners monetary or nonmonetary prizes;

67

(b) To provide refreshments;

68

(c) To defray any costs directly related to conducting the	69
games;	70

(d) To defray costs of services the facility provides in	71
accordance with section 173.12 of the Revised Code.	72

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	73
the Revised Code:	74

(A) "Person" means individual, company, partnership,	75
corporation, municipal corporation, association, or any	76
combination of individuals, or any employee, agent, or officer	77
thereof.	78

(B) "Resident" means any individual who has resided in this	79
state for not less than six months next preceding the date of	80
making application for a license.	81

(C) "Nonresident" means any individual who does not qualify	82
as a resident.	83

(D) "Division rule" or "rule" means any rule adopted by the	84
chief of the division of wildlife under section 1531.10 of the	85
Revised Code unless the context indicates otherwise.	86

(E) "Closed season" means that period of time during which	87
the taking of wild animals protected by this chapter and Chapter	88
1533. of the Revised Code is prohibited.	89

(F) "Open season" means that period of time during which the	90
taking of wild animals protected by this chapter and Chapter 1533.	91
of the Revised Code is permitted.	92

(G) "Take or taking" includes pursuing, shooting, hunting,	93
killing, trapping, angling, fishing with a trotline, or netting	94
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	95
wild bird, or wild quadruped, and any lesser act, such as	96
wounding, or placing, setting, drawing, or using any other device	97
for killing or capturing any wild animal, whether it results in	98
killing or capturing the animal or not. "Take or taking" includes	99
every attempt to kill or capture and every act of assistance to	100
any other person in killing or capturing or attempting to kill or	101
capture a wild animal.	102

(H) "Possession" means both actual and constructive	103
possession and any control of things referred to.	104

(I) "Bag limit" means the number, measurement, or weight of	105
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	106
birds, and wild quadrupeds permitted to be taken.	107

(J) "Transport and transportation" means carrying or moving	108
or causing to be carried or moved.	109

(K) "Sell and sale" means barter, exchange, or offer or	110
expose for sale.	111

(L) "Whole to include part" means that every provision	112
relating to any wild animal protected by this chapter and Chapter	113
1533. of the Revised Code applies to any part of the wild animal	114
with the same effect as it applies to the whole.	115

(M) "Angling" means fishing with not more than two hand	116
lines, not more than two units of rod and line, or a combination	117
of not more than one hand line and one rod and line, either in	118
hand or under control at any time while fishing. The hand line or	119
rod and line shall have attached to it not more than three baited	120
hooks, not more than three artificial fly rod lures, or one	121
artificial bait casting lure equipped with not more than three	122
sets of three hooks each.	123

(N) "Trotline" means a device for catching fish that	124
consists of a line having suspended from it, at frequent	125
intervals, vertical lines with hooks attached.	126

(O) "Fish" means a cold-blooded vertebrate having fins.

127

(P) "Measurement of fish" means length from the end of the	128
nose to the longest tip or end of the tail.	129

(Q) "Wild birds" includes game birds and nongame birds.

130

(R) "Game" includes game birds, game quadrupeds, and	131
fur-bearing animals.	132

(S) "Game birds" includes mourning doves, ringneck	133
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse,	134
pinnated grouse, wild turkey, Hungarian partridge, Chukar	135
partridge, woodcocks, black-breasted plover, golden plover,	136
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail,	137
coots, gallinules, duck, geese, brant, and crows.	138

(T) "Nongame birds" includes all other wild birds not	139
included and defined as game birds.	140

(U) "Wild quadrupeds" includes game quadrupeds and	141
fur-bearing animals.	142

(V) "Game quadrupeds" includes cottontail rabbits, gray	143
squirrels, black squirrels, fox squirrels, red squirrels, flying	144
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	145
wild boar, and black bears.	146

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	147
skunks, opossums, muskrats, fox, beavers, badgers, otters,	148
coyotes, and bobcats.	149

(X) "Wild animals" includes mollusks, crustaceans, aquatic	150
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	151
and all other wild mammals, but does not include domestic deer.	152

(Y) "Hunting" means pursuing, shooting, killing, following	153
after or on the trail of, lying in wait for, shooting at, or	154
wounding wild birds or wild quadrupeds while employing any device	155
commonly used to kill or wound wild birds or wild quadrupeds	156
whether or not the acts result in killing or wounding. "Hunting"	157
includes every attempt to kill or wound and every act of	158
assistance to any other person in killing or wounding or	159
attempting to kill or wound wild birds or wild quadrupeds.	160

(Z) "Trapping" means securing or attempting to secure	161
possession of a wild bird or wild quadruped by means of setting,	162
placing, drawing, or using any device that is designed to close	163
upon, hold fast, confine, or otherwise capture a wild bird or wild	164
quadruped whether or not the means results in capture. "Trapping"	165
includes every act of assistance to any other person in capturing	166
wild birds or wild quadrupeds by means of the device whether or	167
not the means results in capture.	168

(AA) "Muskrat spear" means any device used in spearing	169
muskrats.	170

(BB) "Channels and passages" means those narrow bodies of	171
water lying between islands or between an island and the mainland	172
in Lake Erie.	173

(CC) "Island" means a rock or land elevation above the	174
waters of Lake Erie having an area of five or more acres above	175
water.	176

(DD) "Reef" means an elevation of rock, either broken or in	177
place, or gravel shown by the latest United States chart to be	178
above the common level of the surrounding bottom of the lake,	179
other than the rock bottom, or in place forming the base or	180
foundation rock of an island or mainland and sloping from the	181
shore of it. "Reef" also means all elevations shown by that chart	182
to be above the common level of the sloping base or foundation	183
rock of an island or mainland, whether running from the shore of	184
an island or parallel with the contour of the shore of an island	185
or in any other way and whether formed by rock, broken or in	186
place, or from gravel.	187

(EE) "Fur farm" means any area used exclusively for raising	188
fur-bearing animals or in addition thereto used for hunting game,	189
the boundaries of which are plainly marked as such.	190

(FF) "Waters" includes any lake, pond, reservoir, stream,	191
channel, lagoon, or other body of water, or any part thereof,	192
whether natural or artificial.	193

(GG) "Crib" or "car" refers to that particular compartment	194
of the net from which the fish are taken when the net is lifted.	195

(HH) "Commercial fish" means those species of fish permitted	196
to be taken, possessed, bought, or sold unless otherwise	197
restricted by the Revised Code or division rule and are alewife	198
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	199
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	200
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	201
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	202
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	203
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	204
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	205
freshwater drum or sheepshead (Aplodinotus grunniens), gar	206
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	207
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	208
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	209
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	210
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	211
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	212
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	213
chrysops), white perch (Roccus americanus), and yellow perch	214
(Perca flavescens). When the common name of a fish is used in	215
this chapter or Chapter 1533. of the Revised Code, it refers to	216
the fish designated by the scientific name in this definition.	217

(II) "Fishing" means taking or attempting to take fish by	218
any method, and all other acts such as placing, setting, drawing,	219
or using any device commonly used to take fish whether resulting	220
in a taking or not.	221

(JJ) "Fillet" means the pieces of flesh taken or cut from	222
both sides of a fish, joined to form one piece of flesh.	223

(KK) "Part fillet" means a piece of flesh taken or cut from	224
one side of a fish.	225

(LL) "Round" when used in describing fish means with head	226
and tail intact.	227

(MM) "Migrate" means the transit or movement of fish to or	228
from one place to another as a result of natural forces or	229
instinct and includes, but is not limited to, movement of fish	230
induced or caused by changes in the water flow.	231

(NN) "Spreader bar" means a brail or rigid bar placed across	232
the entire width of the back, at the top and bottom of the cars in	233
all trap, crib, and fyke nets for the purpose of keeping the	234
meshes hanging squarely while the nets are fishing.	235

(OO) "Fishing guide" means any person who, for consideration	236
or hire, operates a boat, rents, leases, or otherwise furnishes	237
angling devices, ice fishing shanties or shelters of any kind, or	238
other fishing equipment, and accompanies, guides, directs, or	239
assists any other person in order for the other person to engage	240
in fishing.	241

(PP) "Net" means fishing devices with meshes composed of	242
twine or synthetic material and includes, but is not limited to,	243
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	244
seines, except minnow seines and minnow dip nets.	245

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	246
nets, dip nets, carp aprons, trotlines, other similar gear, and	247
any boat used in conjunction with that gear, but does not include	248
gill nets.	249

(RR) "Native wildlife" means any species of the animal	250
kingdom indigenous to this state.	251

(SS) "Gill net" means a single section of fabric or netting	252
seamed to a float line at the top and a lead line at the bottom,	253
which is designed to entangle fish in the net openings as they	254
swim into it.	255

(TT) "Tag fishing tournament" means a contest in which a	256
participant pays a fee, or gives other valuable consideration, for	257
a chance to win a prize by virtue of catching a tagged or	258
otherwise specifically marked fish within a limited period of	259
time, but does not include a scheme of chance conducted under	260
division (D)(1) of section 2915.02 of the Revised Code.	261

(UU) "Tenant" means an individual who resides on land for	262
which the individual pays rent and whose annual income is	263
primarily derived from agricultural production conducted on that	264
land, as "agricultural production" is defined in section 929.01 of	265
the Revised Code.	266

(VV) "Nonnative wildlife" means any wild animal not	267
indigenous to this state, but does not include domestic deer.	268

(WW) "Reptiles" includes common musk turtle (sternotherus	269
odoratus), common snapping turtle (Chelydra serpentina	270
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	271
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	272
blandingii), common map turtle (Graptemys geographica), ouachita	273
map turtle (Graptemys pseudogeographica ouachitensis), midland	274
painted turtle (Chrysemys picta marginata), red-eared slider	275
(Trachemys scripta elegans), eastern spiny softshell turtle	276
(Apalone spinifera spinifera), midland smooth softshell turtle	277
(Apalone mutica mutica), northern fence lizard (Sceloporus	278
undulatus hyacinthinus), ground skink (Scincella lateralis),	279
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	280
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	281
European wall lizard (Podarcis muralis), queen snake (Regina	282
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	283
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	284
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	285
erythrogaster neglecta), northern brown snake (Storeria dekayi	286
dekayi), midland brown snake (Storeria dekayi wrightorum),	287
northern redbelly snake (Storeria occipitomaculata	288
occipitomaculata), eastern garter snake (Thamnophis sirtalis	289
sirtalis), eastern plains garter snake (Thamnophis radix radix),	290
Butler's garter snake (Thamnophis butleri), shorthead garter snake	291
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	292
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	293
septentrionalis), eastern hognose snake (Heterodon platirhinos),	294
eastern smooth earth snake (Virginia valeriae valeriae), northern	295
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	296
(Carphophis amoenus helenae), eastern worm snake (Carphophis	297
amoenus amoenus), black racer (Coluber constrictor constrictor),	298
blue racer (Coluber constrictor foxii), rough green snake	299
(opheodrys aestivus), smooth green snake (opheodrys vernalis	300
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	301
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	302
getula nigra), eastern milk snake (Lampropeltis triangulum	303
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	304
eastern massasauga (Sistrurus catenatus catenatus), and timber	305
rattlesnake (Crotalus horridus horridus).	306

(XX) "Amphibians" includes eastern hellbender	307
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus	308
maculosus maculosus), red-spotted newt (Notophthalmus viridescens	309
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	310
spotted salamander (Ambystoma maculatum), blue-spotted salamander	311
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	312
streamside salamander (Ambystoma barbouri), marbled salamander	313
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	314
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	315
mountain dusky salamander (Desmognathus ochrophaeus), redback	316
salamander (Plethodon cinereus), ravine salamander (Plethodon	317
richmondi), northern slimy salamander (Plethodon glutinosus),	318
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	319
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	320
porphyriticus duryi), northern spring salamander (Gyrinophilus	321
porphyriticus porphyriticus), mud salamander (Pseudotriton	322
montanus), northern red salamander (Pseudotriton ruber ruber),	323
green salamander (Aneides aeneus), northern two-lined salamander	324
(Eurycea bislineata), longtail salamander (Eurycea longicauda	325
longicauda), cave salamander (Eurycea lucifuga), southern	326
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	327
woodhousii fowleri), American toad (Bufo americanus), eastern	328
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	329
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	330
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	331
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	332
triseriata), mountain chorus frog (Pseudacris brachyphona),	333
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	334
northern leopard frog (Rana pipiens), pickerel frog (Rana	335
palustris), southern leopard frog (Rana utricularia), and wood	336
frog (Rana sylvatica).	337

(YY) "Deer" means white-tailed deer (Oddocoileus	338
virginianus).	339

(ZZ) "Domestic deer" means nonnative deer that have been	340
legally acquired or their offspring and that are held in private	341
ownership for primarily agricultural purposes.	342

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	343
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules	344
(Rallidae); and woodcock and snipe (Scolopacidae).	345

Sec. 1711.09.  Except as otherwise provided in this section,	346
county agricultural societies, independent agricultural societies,	347
and the Ohio expositions commission shall not permit during any	348
fair, or for one week before or three days thereafterafter any	349
fair, any dealing in spirituous liquors, or at any time allow or	350
tolerate immoral shows, lottery devices, games of chance, or	351
gambling of any kind, including pool selling and paddle wheels,	352
anywhere on the fairground; and shall permit no person at any time	353
to operate any side show, amusement, game, or device, or offer for	354
sale any novelty by auction or solicitation, on suchthe	355
fairground who has not first obtained from the director of	356
agriculture sucha license as is provided byunder section 1711.11	357
of the Revised Code. This section does not prohibit the sale of	358
lottery tickets by the state lottery commission pursuant to	359
Chapter 3770. of the Revised Code at the state fairground during	360
the state fair. In addition, a county or independent agricultural	361
society may permit, at any time except during a fair or for one	362
week before or three days thereafterafter a fair, a charitable	363
organization to conduct in accordance with Chapter 2915. of the	364
Revised Code games of chance, schemes of chance, or bingo on the	365
fairground of a county with a population of 500,000five hundred	366
thousand or less. A charitable organization may lease all or part	367
of the fairground from the agricultural society for that purpose.	368

Any sales of intoxicating liquor transacted on the fairground	369
shall be subject to Chapters 4301., 4303., and 4399. of the	370
Revised Code.	371

Any agricultural society that permits the sale of	372
intoxicating liquor on its fairground shall apply any proceeds	373
gained by suchthe society from the permit holder and from	374
activities coincident to the sale of intoxicating liquor first to	375
pay the cost of insurance on all buildings on suchthe fairground,	376
and then for any other purpose authorized by law.	377

Sec. 2915.01.  As used in this chapter:

378

(A) "Bookmaking" means the business of receiving or paying	379
off bets.	380

(B) "Bet" means the hazarding of anything of value upon the	381
result of an event, undertaking, or contingency, but does not	382
include a bona fide business risk.	383

(C) "Scheme of chance" means a slot machine, lottery, numbers	384
game, pool, or other scheme in which a participant gives a	385
valuable consideration for a chance to win a prize,but does not	386
include bingo.	387

(D) "Game of chance" means poker, craps, roulette, a slot	388
machine, a punch board, or other game in which a player gives	389
anything of value in the hope of gain, the outcome of which is	390
determined largely or wholly by chance,but does not include	391
bingo.	392

(E) "Scheme or gameGame of chance conducted for profit"	393
means any scheme or game of chance designed to produce income for	394
the person who conducts or operates the scheme or game of chance,	395
but does not include a charitable bingo game.	396

(F) "Gambling device" means any of the following:

397

(1) A book, totalizer, or other equipment for recording	398
bets;	399

(2) A ticket, token, or other device representing a chance,	400
share, or interest in a scheme of chance, except a charitable	401
bingo game, or evidencing a bet;	402

(3) A deck of cards, dice, gaming table, roulette wheel,	403
slot machine, punch board, or other apparatus designed for use in	404
connection with a game of chance;	405

(4) Any equipment, device, apparatus, or paraphernalia	406
specially designed for gambling purposes;	407

(5) Bingo supplies sold or otherwise provided, or used, in	408
violation of this chapter.	409

(G) "Gambling offense" means any of the following:

410

(1) A violation of section 2915.02, 2915.03, 2915.04,	411
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	412
2915.092, 2915.10, or 2915.11 of the Revised Code;	413

(2) A violation of an existing or former municipal ordinance	414
or law of this or any other state or the United States	415
substantially equivalent to any section listed in division (G)(1)	416
of this section or a violation of section 2915.06 of the Revised	417
Code as it existed prior to the effective date of this amendment	418
July 1, 1996;	419

(3) An offense under an existing or former municipal	420
ordinance or law of this or any other state or the United States,	421
of which gambling is an element;	422

(4) A conspiracy or attempt to commit, or complicity in	423
committing, any offense under division (G)(1), (2), or (3) of this	424
section.	425

(H) "CharitableExcept as otherwise provided in this chapter,	426
"charitable organization" means any tax exempt religious,	427
educational, veteran's, fraternal, service, nonprofit medical,	428
volunteer rescue service, volunteer fire fighter'sfirefighter's,	429
senior citizen's, youth athletic, amateur athletic, or youth	430
athletic park organization. An organization is tax exempt if the	431
organization is, and has received from the internal revenue	432
service a determination letter that currently is in effect stating	433
that the organization is, exempt from federal income taxation	434
under subsection 501(a) and described in subsection 501(c)(3),	435
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	436
Revenue Code. To qualify as a charitable organization, an	437
organization, except a volunteer rescue service or volunteer fire	438
fighter's organization, shall have been in continuous existence as	439
such in this state for a period of two years immediately preceding	440
either the making of an application for a bingo license under	441
section 2915.08 of the Revised Code or the conducting of any	442
scheme of chance or game of chance as provided in division (C)of	443
section 2915.02 of the Revised Code. A charitable organization	444
that is exempt from federal income taxation under subsection	445
501(a) and described in subsection 501(c)(3) of the Internal	446
Revenue Code and that is created by a veteran's organization or a	447
fraternal organization does not have to have been in continuous	448
existence as such in this state for a period of two years	449
immediately preceding either the making of an application for a	450
bingo license under section 2915.08 of the Revised Code or the	451
conducting of any scheme of chance or game of chance as provided	452
in division (D) of section 2915.02 of the Revised Code.	453

(I) "Religious organization" means any church, body of	454
communicants, or group that is not organized or operated for	455
profit and that gathers in common membership for regular worship	456
and religious observances.	457

(J) "Educational organization" means any organization within	458
this state that is not organized for profit, the primaryexclusive	459
purpose of which is to educate and develop the capabilities of	460
individuals through instruction, and that operates or contributes	461
to the support of a school, academy, college, or university.	462

(K) "Veteran's organization" means any individual post of a	463
national veteran's association or an auxiliary unit of any	464
individual post of a national veteran's association, which post or	465
auxiliary unit has been incorporated as a nonprofit corporation	466
for at least two years and has received a letter from the state	467
headquarters of the national veteran's association indicating that	468
the individual post or auxiliary unit is in good standing with the	469
national veteran's association. As used in this division,	470
"national veteran's association" means any veteran's association	471
that has been in continuous existence as such for a period of at	472
least tenfive years and either is incorporated by an act of the	473
United States congress or has a national dues-paying membership of	474
at least five thousand persons.	475

(L) "Volunteer fire fighter'sfirefighter's organization"	476
means any organization of volunteer fire fightersfirefighters, as	477
defined in section 146.01 of the Revised Code, that is organized	478
and operated exclusively to provide financial support for a	479
volunteer fire department or a volunteer fire company and that is	480
recognized or ratified by a county, municipal corporation, or	481
township.	482

(M) "Fraternal organization" means any society, order, or	483
association within this state, except a college or high school	484
fraternity, that is not organized for profit, that is a branch,	485
lodge, or chapter of a national or state organization, that exists	486
exclusively for the common business or sodality of its members,	487
and that has been in continuous existence in this state for a	488
period of five years.	489

(N) "Volunteer rescue service organization" means any	490
organization of volunteers organized to function as an emergency	491
medical service organization, as defined in section 4765.01 of the	492
Revised Code.	493

(O) "Service organization" means any organization, not	494
organized for profit, that is organized and operated exclusively	495
to provide, or to contribute to the support of organizations or	496
institutions organized and operated exclusively to provide,	497
medical and therapeutic services for persons who are crippled,	498
born with birth defects, or have any other mental or physical	499
defect or those organized and operated exclusively to protect, or	500
to contribute to the support of organizations or institutions	501
organized and operated exclusively to protect, animals from	502
inhumane treatment.	503

(P) "Nonprofit medical organization" means any organization	504
that has been incorporated as a nonprofit corporation for at least	505
five years and that has continuously operated and will be operated	506
exclusively to provide, or to contribute to the support of	507
organizations or institutions organized and operated exclusively	508
to provide, hospital, medical, research, or therapeutic services	509
for the public.	510

(Q) "Senior citizen's organization" means any private	511
organization, not organized for profit, that is organized and	512
operated exclusively to provide recreational or social services	513
for persons who are fifty-five years of age or older and that is	514
described and qualified under subsection 501(c)(3) of the Internal	515
Revenue Code.	516

(R) "Charitable bingo game" means any bingo game described in	517
division (S)(1) or (2) of this section that is conducted by a	518
charitable organization that has obtained a bingo license pursuant	519
to section 2915.08 of the Revised Code and the proceeds of which	520
are used for a charitable purpose.	521

(S) "Bingo" means either of the following:

522

(1) A game with all of the following characteristics:

523

(a) The participants use bingo cards or sheets, including	524
paper formats and electronic representation or image formats, that	525
are divided into twenty-five spaces arranged in five horizontal	526
and five vertical rows of spaces, with each space, except the	527
central space, being designated by a combination of a letter and a	528
number and with the central space being designated as a free	529
space.	530

(b) The participants cover the spaces on the bingo cards or	531
sheets that correspond to combinations of letters and numbers that	532
are announced by a bingo game operator.	533

(c) A bingo game operator announces combinations of letters	534
and numbers that appear on objects that a bingo game operator	535
selects by chance, either manually or mechanically, from a	536
receptacle that contains seventy-five objects at the beginning of	537
each game, each object marked by a different combination of a	538
letter and a number that corresponds to one of the seventy-five	539
possible combinations of a letter and a number that can appear on	540
the bingo cards or sheets.	541

(d) The winner of the bingo game includes any participant	542
who properly announces during the interval between the	543
announcements of letters and numbers as described in division	544
(S)(1)(c) of this section, that a predetermined and preannounced	545
pattern of spaces has been covered on a bingo card or sheet being	546
used by the participant.	547

(2) Any scheme or game other than a game as defined in	548
division (S)(1) of this section with the following	549
characteristics:	550

(a) The participants use cards, sheets, or other devices	551
that are divided into spaces arranged in horizontal, vertical, or	552
diagonal rows of spaces, with each space, except free spaces,	553
being designated by a single letter, number, or symbol; by a	554
combination of letters, numbers, or symbols; by a combination of a	555
letter and a number, a letter and a symbol, or a number and a	556
symbol; or by any combination of letters, numbers, and symbols,	557
with some or none of the spaces being designated as a free,	558
complimentary, or similar space.	559

(b) The participants cover the spaces on the cards, sheets,	560
or devices that correspond to letters, numbers, symbols, or	561
combinations of such that are announced by a bingo game operator	562
or otherwise transmitted to the participants.	563

(c) A bingo game operator announces, or otherwise transmits	564
to the participants, letters, numbers, symbols, or any combination	565
of such as set forth in division (S)(2)(a) of this section that	566
appear on objects that a bingo game operator selects by chance	567
that correspond to one of the possible letters, numbers, symbols,	568
or combinations of such that can appear on the bingo cards,	569
sheets, or devices.	570

(d) The winner of the bingo game is any participant who	571
properly announces that a predetermined and preannounced pattern	572
of spaces has been covered on a card, sheet, or device being used	573
by the participantInstant bingo, punch boards, and raffles.	574

(T) "Conduct" means to back, promote, organize, manage, carry	575
on, sponsor, or prepare for the operation of a schemebingo or a	576
game of chance but does not include any act performed by a bingo	577
game operator.	578

(U) "Bingo game operator" means any person, except security	579
personnel, who performs work or labor at the site of a bingo game,	580
including, but not limited to, collecting money from participants,	581
handing out bingo cards or sheets or objects to cover spaces on	582
the bingo cards or sheets, selecting from a receptacle the objects	583
that contain the combination of letters and numbers that appear on	584
the bingo cards or sheets, calling out the combinations of letters	585
and numbers, distributing prizes to the winner of the bingo game,	586
selling or redeeming instant bingo tickets or cards, supervising	587
the operation of a punch board, selling raffle tickets, selecting	588
raffle tickets from a receptacle and announcing the winning	589
numbers in a raffle, and preparing, selling, and serving food or	590
beverages.	591

(V) "Participant" means any person who plays bingo by	592
covering the spaces on a bingo card that correspond to	593
combinations of letters and numbers that are announced by a bingo	594
game operator.	595

(W) "Bingo session" means a period, notthat includes both of	596
the following:	597

(1) Not to exceed five continuous hours, during which a	598
person conductsfor the conduct of one or more bingo games	599
described in division (S)(1) of this section, instant bingo, and	600
seal cards;	601

(2) A period for the conduct of instant bingo and seal cards	602
for not more than two hours before and not more than two hours	603
after the period described in division (W)(1) of this section.	604

(X) "Gross receipts" means all money or assets, including	605
admission fees, that a person receives from a bingo session that	606
the person conducts without the deduction of any amounts for	607
prizes paid out during the session or for the expenses of	608
conducting the bingo session. "Gross receipts" does not include	609
any money directly taken in from the sale of food or beverages by	610
a charitable organization conducting a bingo session, or by a bona	611
fide auxiliary unit or society of a charitable organization, at a	612
bingo session conducted by the charitable organizationconducting	613
bingo, provided all of the following apply:	614

(1) The auxiliary unit or society has been in existence as a	615
bona fide auxiliary unit or society of the charitable organization	616
for at least two years prior to theconducting bingo session.	617

(2) The person who purchases the food or beverage receives	618
nothing of value except the food or beverage and items customarily	619
received with the purchase of that food or beverage.	620

(3) The food and beverages are sold at customary and	621
reasonable prices.	622

(4) No person preparing, selling, or serving the food or	623
beverages at the site of the bingo game receives directly or	624
indirectly any form of compensation for the preparation, sale, or	625
service of the food or beverages.	626

(Y) "Security personnel" includes any person who either is a	627
sheriff, deputy sheriff, marshal, deputy marshal, township	628
constable, or member of an organized police department of a	629
municipal corporation or has successfully completed a peace	630
officer's training course pursuant to sections 109.71 to 109.79 of	631
the Revised Code and who is hired to provide security for the	632
premises on which a bingo game is conducted.	633

(Z) "To use gross receipts for a charitableCharitable	634
purpose" means that the proceedsnet profit of the bingo game are,	635
other than instant bingo, is used by, or is given, donated, or	636
otherwise transferred to, any of the following:	637

(1) Any organization that is described in subsection	638
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	639
and is either a governmental unit or an organization that is tax	640
exempt under subsection 501(a) and described in subsection	641
501(c)(3) of the Internal Revenue Code; that the proceeds of the	642
bingo game are used by, or given, donated, or otherwise	643
transferred to a	644

(2)A veteran's organization, as defined in division (K) of	645
this section, that is a post, chapter, or organization of war	646
veterans, or an auxiliary unit or society of, or a trust or	647
foundation for, any such post, chapter, or organization organized	648
in the United States or any of its possessions, at least	649
seventy-five per cent of the members of which are war veterans and	650
substantially all of the other members of which are individuals	651
who are veterans (but not war veterans) or are cadets, or are	652
spouses, widows, or widowers of war veterans, or such individuals,	653
provided that no part of the net earnings of such post, chapter,	654
or organization inures to the benefit of any private shareholder	655
or individual, and further provided that the bingo game proceeds	656
arenet profit is used by the post, chapter, or organization for	657
the charitable purposes set forth in division (B)(12) of section	658
5739.02 of the Revised Code, areis used for awarding scholarships	659
to or for attendance at an institution mentioned in division	660
(B)(12) of section 5739.02 of the Revised Code, areis donated to	661
a governmental agency, or areis used for nonprofit youth	662
activities, the purchase of United States or Ohio flags that are	663
donated to schools, youth groups, or other bona fide nonprofit	664
organizations, promotion of patriotism, or disaster relief; that	665
the proceeds of the bingo game are used by, or given, donated, or	666
otherwise transferred to a	667

(3) A fraternal organization that has been in continuous	668
existence in this state for fifteen years for useand that uses	669
the net profit exclusively for religious, charitable, scientific,	670
literary, or educational purposes, or for the prevention of	671
cruelty to children or animals and, if contributions for such use	672
would qualify as a deductible charitable contribution under	673
subsection 170 of the Internal Revenue Code; or that the proceeds	674
of the bingo game are used by a	675

(4)A volunteer fire fighter'sfirefighter's organization and	676
are used by the organizationthat uses the net profit for the	677
purposes set forth in division (L) of this section.	678

(AA) "Internal Revenue Code" means the "Internal Revenue Code	679
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	680
amended.	681

(BB) "Youth athletic organization" means any organization,	682
not organized for profit, that is organized and operated	683
exclusively to provide financial support to, or to operate,	684
athletic activities for persons who are twenty-one years of age or	685
younger by means of sponsoring, organizing, operating, or	686
contributing to the support of an athletic team, club, league, or	687
association.	688

(CC) "Youth athletic park organization" means any	689
organization, not organized for profit, that satisfies both of the	690
following:	691

(1) It owns, operates, and maintains playing fields that	692
satisfy both of the following:	693

(a) The playing fields are used at least one hundred days	694
per year for athletic activities by one or more organizations, not	695
organized for profit, each of which is organized and operated	696
exclusively to provide financial support to, or to operate,	697
athletic activities for persons who are eighteen years of age or	698
younger by means of sponsoring, organizing, operating, or	699
contributing to the support of an athletic team, club, league, or	700
association.	701

(b) The playing fields are not used for any profit-making	702
activity at any time during the year.	703

(2) It uses the proceeds of the bingo games it conducts	704
exclusively for the operation, maintenance, and improvement of its	705
playing fields of the type described in division (CC)(1) of this	706
section.	707

(DD) "Amateur athletic organization" means any organization,	708
not organized for profit, that is organized and operated	709
exclusively to provide financial support to, or to operate,	710
athletic activities for persons who are training for amateur	711
athletic competition that is sanctioned by a national governing	712
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	713
3045, 36 U.S.C.A. 373.	714

(EE) "Bingo supplies" means bingo cards or sheets; instant	715
bingo tickets or cards; electronic bingo aids; raffle tickets;	716
punch boards; seal cards; instant bingo ticket dispensers; and	717
devices for selecting or displaying the combination of bingo	718
letters and numbers or raffle tickets. Items that are "bingo	719
supplies" are not gambling devices if sold or otherwise provided,	720
and used, in accordance with this chapter. For purposes of this	721
chapter, "bingo supplies" are not to be considered equipment used	722
to conduct a bingo game.	723

(FF) "Instant bingo" means a form of bingo that uses folded	724
or banded tickets or paper cards with perforated break-open tabs,	725
a face of which is covered or otherwise hidden from view to	726
conceal a number, letter, or symbol, or set of numbers, letters,	727
or symbols, some of which have been designated in advance as prize	728
winners. "Instant bingo" includes seal cards. "Instant bingo"	729
does not include any device that is activated by the insertion of	730
a coin, currency, token, or an equivalent, and that contains as	731
one of its components a video display monitor that is capable of	732
displaying numbers, letters, symbols, or characters in winning or	733
losing combinations.	734

(GG) "Seal card" means a form of instant bingo that uses	735
instant bingo tickets in conjunction with a board or placard that	736
contains one or more seals that, when removed or opened, reveal	737
predesignated winning numbers, letters, or symbols.	738

(HH) "Raffle" means a form of bingo in which the one or more	739
prizes are won by one or more persons who have purchased a raffle	740
ticket. The one or more winners of the raffle are determined by	741
drawing a ticket stub or other detachable section from a	742
receptacle containing ticket stubs or detachable sections	743
corresponding to all tickets sold for the raffle.	744

(II) "Punch board" means a board containing a number of holes	745
or receptacles of uniform size in which are placed, mechanically	746
and randomly, serially numbered slips of paper that may be punched	747
or drawn from the hole or receptacle when used in conjunction with	748
instant bingo. A player may punch or draw the numbered slips of	749
paper from the holes or receptacles and obtain the prize	750
established for the game if the number drawn corresponds to a	751
winning number or, if the punch board includes the use of a seal	752
card, a potential winning number.	753

(JJ) "Gross profit" means gross receipts minus the amount	754
actually expended for the payment of prize awards.	755

(KK) "Net profit" means gross profit minus expenses.

756

(LL) "Expenses" means the reasonable amount of gross profit	757
actually expended for all of the following:	758

(1) The purchase or lease of bingo supplies;

759

(2) The annual license fee required under section 2915.08 of	760
the Revised Code;	761

(3) Bank fees and service charges for a bingo session or game	762
account described in section 2915.10 of the Revised Code;	763

(4) Audits and accounting services;

764

(5) Safes;

765

(6) Cash registers;

766

(7) Hiring security personnel;

767

(8) Advertising bingo;

768

(9) Renting premises in which to conduct bingo;

769

(10) Tables and chairs;

770

(11) Any other product or service directly related to the	771
conduct of bingo that is authorized in rules adopted by the	772
attorney general under division (B)(1) of section 2915.08 of the	773
Revised Code.	774

(MM) "Person" has the same meaning as in section 1.59 of the	775
Revised Code and includes any firm or any other legal entity,	776
however organized.	777

(NN) "Revoke" means to void permanently all rights and	778
privileges of the holder of a license issued under section	779
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	780
gaming license issued by another jurisdiction.	781

(OO) "Suspend" means to interrupt temporarily all rights and	782
privileges of the holder of a license issued under section	783
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	784
gaming license issued by another jurisdiction.	785

(PP) "Distributor" means any person who purchases or obtains	786
bingo supplies and who sells, offers for sale, or otherwise	787
provides or offers to provide the bingo supplies to another person	788
for use in this state.	789

(QQ) "Manufacturer" means any person who assembles completed	790
bingo supplies from raw materials, other items, or subparts or who	791
modifies, converts, adds to, or removes parts from bingo supplies	792
to further their promotion or sale.	793

(RR) "Gross annual revenues" means the annual gross receipts	794
derived from the conduct of bingo described in division (S)(1) of	795
this section plus the annual net profit derived from the conduct	796
of bingo described in division (S)(2) of this section.	797

(SS) "Instant bingo ticket dispenser" means a mechanical	798
device that dispenses an instant bingo ticket or card as the sole	799
item of value dispensed and that has the following	800
characteristics:	801

(1) It is activated upon the insertion of United States	802
currency.	803

(2) It performs no gaming functions.

804

(3) It does not contain a video display monitor or generate	805
noise.	806

(4) It is not capable of displaying any numbers, letters,	807
symbols, or characters in winning or losing combinations.	808

(5) It does not simulate or display rolling or spinning	809
reels.	810

(6) It is incapable of determining whether a dispensed	811
bingo ticket or card is a winning or nonwinning ticket or card and	812
requires a winning ticket or card to be paid by a bingo game	813
operator.	814

(7) It may provide accounting and security features to aid	815
in accounting for the instant bingo tickets or cards it dispenses.	816

(8) It is not part of an electronic network and is not	817
interactive.	818

(TT)(1) "Electronic bingo aid" means an electronic device	819
used by a participant to monitor bingo cards or sheets purchased	820
at the time and place of a bingo session and that does all of the	821
following:	822

(a) It provides a means for a participant to input numbers	823
and letters announced by a bingo caller.	824

(b) It compares the numbers and letters entered by the	825
participant to the bingo faces previously stored in the memory of	826
the device.	827

(c) It identifies a winning bingo pattern.

828

(2) "Electronic bingo aid" does not include any device into	829
which a coin, currency, token, or an equivalent is inserted to	830
activate play.	831

(UU) "Deal of instant bingo tickets" means a single game of	832
instant bingo tickets all with the same serial number.	833

(VV) "Slot machine means either of the following:

834

(1) Any mechanical, electronic, video, or digital device	835
that is capable of accepting anything of value, directly or	836
indirectly, from or on behalf of a player who gives the thing of	837
value in the hope of gain, the outcome of which is determined	838
largely or wholly by chance;	839

(2) Any mechanical, electronic, video, or digital device	840
that is capable of accepting anything of value, directly or	841
indirectly, from or on behalf of a player to conduct or dispense	842
bingo or a scheme or game of chance.	843

(WW) "Net profit from the proceeds of the sale of instant	844
bingo" means gross profit minus the ordinary, necessary, and	845
reasonable expense expended for the purchase of instant bingo	846
supplies.	847

(XX) "Charitable instant bingo organization" means an	848
organization that is exempt from federal income taxation under	849
subsection 501(a) and described in subsection 501(c)(3) of the	850
Internal Revenue Code and is a charitable organization as defined	851
in this section. A "charitable instant bingo organization" does	852
not include a charitable organization that is exempt from federal	853
income taxation under subsection 501(a) and described in	854
subsection 501(c)(3) of the Internal Revenue Code and that is	855
created by a veteran's organization or a fraternal organization in	856
regards to bingo conducted or assisted by a veteran's organization	857
or a fraternal organization pursuant to section 2915.13 of the	858
Revised Code.	859

Sec. 2915.02.  (A) No person shall do any of the following:

860

(1) Engage in bookmaking, or knowingly engage in conduct	861
that facilitates bookmaking;	862

(2) Establish, promote, or operate or knowingly engage in	863
conduct that facilitates any scheme or game of chance conducted	864
for profit or any scheme of chance;	865

(3) Knowingly procure, transmit, exchange, or engage in	866
conduct that facilitates the procurement, transmission, or	867
exchange of information for use in establishing odds or	868
determining winners in connection with bookmaking or with any	869
scheme or game of chance conducted for profit or any scheme of	870
chance;	871

(4) Engage in betting or in playing any scheme or game of	872
chance, except a charitable bingo game, as a substantial source of	873
income or livelihood;	874

(5) With purpose to violate division (A)(1), (2), (3), or	875
(4) of this section, acquire, possess, control, or operate any	876
gambling device.	877

(B) For purposes of division (A)(1) of this section, a	878
person facilitates bookmaking if the person in any way knowingly	879
aids an illegal bookmaking operation, including, without	880
limitation, placing a bet with a person engaged in or facilitating	881
illegal bookmaking. For purposes of division (A)(2) of this	882
section, a person facilitates a scheme or game of chance conducted	883
for profit or a scheme of chance if the person in any way	884
knowingly aids in the conduct or operation of any such scheme or	885
game or scheme, including, without limitation, playing any such	886
scheme or game or scheme.	887

(C) This section does not prohibit conduct in connection	888
with gambling expressly permitted by law.	889

(D) This section does not apply to any of the following:

890

(1) Schemes of chance conducted by a charitable organization	891
that is, and has received from the internal revenue service a	892
determination letter that is currently in effect stating that the	893
organization is, exempt from federal income taxation under	894
subsection 501(a) and described in subsection 501(c)(3) of the	895
Internal Revenue Code, provided that all of the money or assets	896
received from the scheme of chance after deduction only of prizes	897
paid out during the conduct of the scheme of chance are used by,	898
or given, donated, or otherwise transferred to, any organization	899
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	900
of the Internal Revenue Code and is either a governmental unit or	901
an organization that is tax exempt under subsection 501(a) and	902
described in subsection 501(c)(3) of the Internal Revenue Code,	903
and provided that the scheme of chance is not conducted during, or	904
within ten hours of, a bingo game conducted for amusement purposes	905
only pursuant to section 2915.12 of the Revised Code;	906

(2) Games of chance, if all of the following apply:

907

(a) The games of chance are not craps for money,or roulette	908
for money, or slot machines;.	909

(b) The games of chance are conducted by a charitable	910
organization that is, and has received from the internal revenue	911
service a determination letter that is currently in effect,	912
stating that the organization is, exempt from federal income	913
taxation under subsection 501(a) and described in subsection	914
501(c)(3) of the Internal Revenue Code;.	915

(c) The games of chance are conducted at festivals of the	916
charitable organization that are conducted either for a period of	917
four consecutive days or less and not more than twice a year or	918
for a period of five consecutive days not more than once a year,	919
and are conducted on premises owned by the charitable organization	920
for a period of no less than one year immediately preceding the	921
conducting of the games of chance, on premises leased from a	922
governmental unit, or on premises that are leased from a veteran's	923
or fraternal organization and that have been owned by the lessor	924
veteran's or fraternal organization for a period of no less than	925
one year immediately preceding the conducting of the games of	926
chance.	927

A charitable organization shall not lease premises from a	928
veteran's or fraternal organization to conduct a festival	929
described in division (D)(2)(1)(c) of this section if the	930
veteran's or fraternal organization already has leased the	931
premises four times during the preceding year to charitable	932
organizations for that purpose. If a charitable organization	933
leases premises from a veteran's or fraternal organization to	934
conduct a festival described in division (D)(2)(1)(c) of this	935
section, the charitable organization shall not pay a rental rate	936
for the premises per day of the festival that exceeds the rental	937
rate per bingo session that a charitable organization may pay	938
under division (A)(3)(B)(1) of section 2915.09 of the Revised Code	939
when it leases premises from another charitable organization to	940
conduct bingo games.	941

(d) All of the money or assets received from the games of	942
chance after deduction only of prizes paid out during the conduct	943
of the games of chance are used by, or given, donated, or	944
otherwise transferred to, any organization that is described in	945
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	946
Revenue Code and is either a governmental unit or an organization	947
that is tax exempt under subsection 501(a) and described in	948
subsection 501(c)(3) of the Internal Revenue Code;	949

(e) The games of chance are not conducted during, or within	950
ten hours of, a bingo game conducted for amusement purposes only	951
pursuant to section 2915.12 of the Revised Code.	952

No person shall receive any commission, wage, salary, reward,	953
tip, donation, gratuity, or other form of compensation, directly	954
or indirectly, for operating or assisting in the operation of any	955
scheme or game of chance.	956

(3)(2) Any tag fishing tournament operated under a permit	957
issued under section 1533.92 of the Revised Code, as "tag fishing	958
tournament" is defined in section 1531.01 of the Revised Code;	959

(3) Bingo conducted by a charitable organization that holds	960
a license issued under section 2915.08 of the Revised Code.	961

(E) Division (D) of this section shall not be construed to	962
authorize the sale, lease, or other temporary or permanent	963
transfer of the right to conduct schemes of chance or games of	964
chance, as granted by that division (D) of this section, by any	965
charitable organization that is granted that right.	966

(F) Whoever violates this section is guilty of gambling, a	967
misdemeanor of the first degree. If the offender previously has	968
been convicted of any gambling offense, gambling is a felony of	969
the fifth degree.	970

Sec. 2915.04.  (A) No person, while at a hotel, restaurant,	971
tavern, store, arena, hall, or other place of public	972
accommodation, business, amusement, or resort shall make a bet or	973
play any game of chance or scheme of chance.	974

(B) No person, being the owner or lessee, or having custody,	975
control, or supervision, of a hotel, restaurant, tavern, store,	976
arena, hall, or other place of public accommodation, business,	977
amusement, or resort shall recklessly permit suchthose premises	978
to be used or occupied in violation of division (A) of this	979
section.	980

(C) ThisDivisions (A) and (B) of this section doesdo not	981
prohibit conduct in connection with gambling expressly permitted	982
by law.	983

(D) Whoever violates this section is guilty of public	984
gaming,. Except as otherwise provided in this division, public	985
gaming is a minor misdemeanor. If the offender has previously has	986
been convicted of any gambling offense, public gaming is a	987
misdemeanor of the fourth degree.	988

(E) Premises used or occupied in violation of division (B)	989
of this section constitute a nuisance subject to abatement	990
pursuant to sections 3767.01 to 3767.99under Chapter 3767. of the	991
Revised Code.	992

Sec. 2915.05.  (A) No person, with purpose to defraud or	993
knowing that the person is facilitating a fraud, shall engage in	994
conduct designed to corrupt the outcome of any of the following:	995

(1) The subject of a bet;

996

(2) A contest of knowledge, skill, or endurance that is not	997
an athletic or sporting event;	998

(3) A scheme or game of chance;

999

(4) Bingo.

1000

(B) No person shall knowingly do any of the following:

1001

(1) Offer, give, solicit, or accept anything of value to	1002
corrupt the outcome of an athletic or sporting event;	1003

(2) Engage in conduct designed to corrupt the outcome of an	1004
athletic or sporting event.	1005

(C)(1) Whoever violates division (A) of this section is	1006
guilty of cheating,. Except as otherwise provided in this	1007
division, cheating is a misdemeanor of the first degree. If the	1008
potential gain from the cheating is five hundred dollars or more	1009
or if the offender previously has been convicted of any gambling	1010
offense or of any theft offense, as defined in section 2913.01 of	1011
the Revised Code, cheating is a felony of the fifth degree.	1012

(2) Whoever violates division (B) of this section is guilty	1013
of corrupting sports. Corrupting sports is a felony of the fifth	1014
degree on a first offense and a felony of the fourth degree on	1015
each subsequent offense.	1016

Sec. 2915.07.  (A) No person, except a charitable	1017
organization that has obtained a bingo license pursuant to section	1018
2915.08 of the Revised Code, shall conduct or advertise a bingo	1019
game. This division does not apply to a raffle that a charitable	1020
organization conducts or advertises.	1021

(B) Whoever violates this section is guilty of conducting an	1022
illegal bingo game, a felony of the fourth degree.	1023

Sec. 2915.08.  (A)(1) Annually before the first day of	1024
January, a charitable organization that desires to conduct bingo	1025
games, instant bingo at a bingo session, or instant bingo other	1026
than at a bingo session shall make out and deliver to the attorney	1027
general, upon a form to be furnished by the attorney general for	1028
that purpose, an application for a license to conduct bingo,	1029
instant bingo at a bingo session, or instant bingo other than at a	1030
bingo session and deliver that application to the attorney general	1031
together with a license fee of one hundredas follows:	1032

(a) Except as otherwise provided in this division, for a	1033
license for the conduct of bingo, two hundred dollars or a;	1034

(b) For a license for the conduct of instant bingo at a bingo	1035
session or instant bingo other than at a bingo session for a	1036
charitiable organization that previously has not been licensed	1037
under this chapter to conduct instant bingo at a bingo session or	1038
instant bingo other than at a bingo session, a license fee of five	1039
hundred dollars, and for any other charitable organization, a	1040
license fee that is based upon the total of all money or assets	1041
received by any person or the charitable organization from the	1042
operation of instant bingo at a bingo session or instant bingo	1043
other than at a bingo session, during the one-year period ending	1044
on the thirty-first day of October of the year immediately	1045
preceding the year for which the license is sought, and that is	1046
one of the following:	1047

(i) Five hundred dollars, if the total is fifty thousand	1048
dollars or less;	1049

(ii) One thousand two hundred fifty dollars, if the total is	1050
more than fifty thousand dollars but less than three hundred	1051
thousand one dollars;	1052

(iii) Two thousand two hundred fifty dollars, if the total is	1053
more than three hundred thousand dollars but less than six hundred	1054
thousand one dollars;	1055

(iv) Three thousand five hundred dollars, if the total is	1056
more than six hundred thousand dollars but less than one million	1057
one dollars;	1058

(v) Five thousand dollars, if the total is one million one	1059
dollars or more;	1060

(c) A reduced license fee established by the attorney general	1061
pursuant to division (G) of this section. The	1062

(d) For a license to conduct bingo for a charitable	1063
organization that prior to the effective date of this amendment	1064
has not been licensed under this chapter to conduct bingo, instant	1065
bingo at a bingo session, or instant bingo other than at a bingo	1066
session, a license fee established by rule by the attorney general	1067
in accordance with division (H) of this section.	1068

(2) The application shall be in the form prescribed by the	1069
attorney general and, shall be signed and sworn to by the	1070
applicant.	1071

The application, and shall contain all of the following:

1072

(1)(a) The name and post-office address of the applicant;

1073

(2)(b) A statement that the applicant is a charitable	1074
organization and that it has been in continuous existence as a	1075
charitable organization in this state for two years immediately	1076
preceding the making of the application or for five years in the	1077
case of a fraternal organization or a nonprofit medical	1078
organization;	1079

(3)(c) The location at which the organization will conduct	1080
the bingo game, which location shall be within the county in which	1081
the principal place of business of the applicant is located, the	1082
days of the week and the times on each of those days when a bingo	1083
session will be conducted, whether the organization owns, leases,	1084
or subleases the premises, and a copy of the rental agreement if	1085
it leases or subleases the premises;	1086

(4)(d) A statement of the applicant's previous history,	1087
record, and association that is sufficient to establish that the	1088
applicant is a charitable organization, and a copy of a	1089
determination letter that is issued by the Internal Revenue	1090
Service and states that the organization is tax exempt under	1091
subsection 501(a) and described in subsection 501(c)(3),	1092
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	1093
Revenue Code;	1094

(5)(e) A statement as to whether the applicant has ever had	1095
any previous application refused, whether it previously has had a	1096
license revoked or suspended, and the reason stated by the	1097
attorney general for the refusal, revocation, or suspension;	1098

(6)(f) A statement of the charitable purposepurposes for	1099
which the bingo proceedsnet profit derived from bingo, other than	1100
instant bingo, will be used, and a statement of how the net profit	1101
derived from instant bingo will be distributed in accordance with	1102
section 2915.101 of the Revised Code;	1103

(7)(g) Other necessary and reasonable information that the	1104
attorney general may require by rule adopted pursuant to section	1105
111.15 of the Revised Code;	1106

(8)(h) If the applicant is a charitable trust as defined in	1107
section 109.23 of the Revised Code, a statement as to whether it	1108
has registered with the attorney general pursuant to section	1109
109.26 of the Revised Code or filed annual reports pursuant to	1110
section 109.31 of the Revised Code, and, if it is not required to	1111
do either, the exemption in section 109.26 or 109.31 of the	1112
Revised Code that applies to it;	1113

(9)(i) If the applicant is a charitable organization as	1114
defined in section 1716.01 of the Revised Code, a statement as to	1115
whether it has filed with the attorney general a registration	1116
statement pursuant to section 1716.02 of the Revised Code and a	1117
financial report pursuant to section 1716.04 of the Revised Code,	1118
and, if it is not required to do both, the exemption in section	1119
1716.03 of the Revised Code that applies to it;	1120

(10)(j) In the case of an applicant seeking to qualify as a	1121
youth athletic park organization under division (CC) of section	1122
2915.01 of the Revised Code, a statement issued by a board or body	1123
vested with authority under Chapter 755. of the Revised Code for	1124
the supervision and maintenance of recreation facilities in the	1125
territory in which the organization is located, certifying that	1126
the playing fields owned by the organization were used for at	1127
least one hundred days during the year in which the statement is	1128
issued, and were open for use to all residents of that territory,	1129
regardless of race, color, creed, religion, sex, or national	1130
origin, for athletic activities by youth athletic organizations,	1131
as defined in division (BB) of section 2915.01 of the Revised	1132
Code, that do not discriminate on the basis of race, color, creed,	1133
religion, sex, or national origin, and that the fields were not	1134
used for any profit-making activity at any time during the year.	1135
That type of board or body is authorized to issue the statement	1136
upon request and shall issue the statement if it finds that the	1137
applicant's playing fields were so used.	1138

(3) The attorney general, within thirty days after receiving	1139
a timely filed application from a charitable organization that has	1140
been issued a bingo license under this section that has not	1141
expired and has not been revoked or suspended, shall send a	1142
temporary permit to the applicant specifying the date on which the	1143
application was filed with the attorney general and stating that,	1144
pursuant to section 119.06 of the Revised Code, the applicant may	1145
continue to conduct bingo games until a new license is granted or,	1146
if the application is rejected, until fifteen days after notice of	1147
the rejection is mailed to the applicant. The temporary permit	1148
does not affect the validity of the applicant's application and	1149
does not grant any rights to the applicant except those rights	1150
specifically granted in section 119.06 of the Revised Code. The	1151
issuance of a temporary permit by the attorney general pursuant to	1152
this paragraphdivision does not prohibit the attorney general	1153
from rejecting the applicant's application because of acts that	1154
the applicant committed, or actions that the applicant failed to	1155
take, before or after the issuance of the temporary permit.	1156

(4) Within thirty days after receiving an initial license	1157
application from a charitable organization to conduct bingo,	1158
instant bingo at a bingo session, or instant bingo other than at a	1159
bingo session, the attorney general shall conduct a preliminary	1160
review of the application and notify the applicant regarding any	1161
deficiencies. Once an application is deemed complete, or beginning	1162
on the thirtieth day after the application is filed, if the	1163
attorney general failed to notify the applicant of any	1164
deficiencies, the attorney general shall have an additional sixty	1165
days to conduct an investigation and either grant or deny the	1166
application based on findings established and communicated in	1167
accordance with divisions (B) and (E) of this section. As an	1168
option to granting or denying an initial license application, the	1169
attorney general may grant a temporary license and request	1170
additional time to conduct the investigation if the attorney	1171
general has cause to believe that additional time is necessary to	1172
complete the investigation and has notified the applicant in	1173
writing about the specific concerns raised during the	1174
investigation.	1175

(B)(1) The attorney general shall adopt rules to enforce	1176
sections 2915.01, 2915.02, and 2915.07 to 2915.122915.13 of the	1177
Revised Code to ensure that bingo games areor instant bingo is	1178
conducted in accordance with those sections, and to maintain	1179
proper control over the conduct of bingo gamesor instant bingo.	1180
The rules, except rules adopted pursuant to divisiondivisions	1181
(A)(7)(2)(g) and (G) of this section, shall be adopted pursuant to	1182
Chapter 119. of the Revised Code. The attorney general shall	1183
license charitable organizations to conduct bingo games, instant	1184
bingo at a bingo session, or instant bingo other than at a bingo	1185
session in conformance with this chapter and with the licensing	1186
provisions of Chapter 119. of the Revised Code.	1187

(2) The attorney general may refuse to grant a bingo license	1188
to any organization, or revoke or suspend the license of any	1189
organization, that does any of the following or to which any of	1190
the following applies:	1191

(a) Fails or has failed at any time to meet any requirement	1192
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	1193
2915.11 of the Revised Code, or violates or has violated any	1194
provision of sections 2915.02 or 2915.07 to 2915.122915.13 of the	1195
Revised Code or any rule adopted by the attorney general pursuant	1196
to this section;	1197

(b) Makes or has made an incorrect or false statement that	1198
is material to the granting of the license in an application filed	1199
pursuant to division (A) of this section;	1200

(c) Submits or has submitted any incorrect or false	1201
information relating to an application if the information is	1202
material to the granting of the license;	1203

(d) Maintains or has maintained any incorrect or false	1204
information that is material to the granting of the license in the	1205
records required to be kept pursuant to divisiondivisions (A) and	1206
(C) of section 2915.10 of the Revised Code, if applicable;	1207

(e) The attorney general has good cause to believe that the	1208
organization will not conduct its bingo games, instant bingo at a	1209
bingo session, or instant bingo other than at a bingo session in	1210
accordance with sections 2915.02 and 2915.07 to 2915.122915.13 of	1211
the Revised Code or with any rule adopted by the attorney general	1212
pursuant to this section.	1213

(3) For the purposes of this division (B) of this section,	1214
any action of an officer, trustee, agent, representative, or bingo	1215
game operator of an organization is an action of the organization.	1216

(C) The attorney general may grant bingo licenses to	1217
charitable organizations that are branches, lodges, or chapters of	1218
national charitable organizations.	1219

(D) The attorney general shall send notice in writing to the	1220
prosecuting attorney and sheriff of the county in which the	1221
organization will conduct the bingo game, instant bingo at a bingo	1222
session, or instant bingo other than at a bingo session, as stated	1223
in its application for a license or amended license, and to any	1224
other law enforcement agency in that county that so requests, of	1225
all of the following:	1226

(1) The issuance of the license;

1227

(2) The issuance of the amended license;

1228

(3) The rejection of an application for and refusal to grant	1229
a license;	1230

(4) The revocation of any license previously issued;

1231

(5) The suspension of any license previously issued.

1232

(E) A bingo license issued by the attorney general shall set	1233
forth the information contained on the application of the	1234
charitable organization that the attorney general determines is	1235
relevant, including, but not limited to, the location at which the	1236
organization will conduct the bingo game, instant bingo at a bingo	1237
session, or instant bingo other than at a bingo session and the	1238
days of the week and the times on each of those days when a bingo	1239
session will be conducted. If the attorney general refuses to	1240
grant or revokes or suspends a bingo license, the attorney	1241
general shall notify the applicant in writing and specifically	1242
identify the reason for the refusal, revocation, or suspension in	1243
narrative form and, if applicable, by identifying the section of	1244
the Revised Code violated. The failure of the attorney general to	1245
give the written notice of the reasons for the refusal,	1246
revocation, or suspension or a mistake in the written notice does	1247
not affect the validity of the attorney general's refusal to	1248
grant, or the revocation or suspension of, a bingo license. If	1249
the attorney general fails to give the written notice or if there	1250
is a mistake in the written notice, the applicant may bring an	1251
action to compel the attorney general to comply with this division	1252
or to correct the mistake, but the attorney general's order	1253
refusing to grant, or revoking or suspending, a bingo license	1254
shall not be enjoined during the pendency of the action.	1255

(F) A charitable organization that has been issued a bingo	1256
license pursuant to division (B) of this section but that cannot	1257
conduct bingo sessionsor instant bingo at the location, or on the	1258
day of the week or at the time, specified on the license due to	1259
circumstances beyond its controlthat make it impractical to do so	1260
may apply, without charge, in writing, together with an	1261
application fee of two hundred fifty dollars, to the attorney	1262
general for, at least thirty days prior to a change in location,	1263
day of the week, or time, and request an amended bingo license.	1264
The application shall describe in detail the causes making it	1265
impossibleimpractical for the organization to conduct its bingo	1266
sessionsor instant bingo in conformity with its license and shall	1267
indicate the location, days of the week, and times on each of	1268
those days when it desires to conduct a bingo session. If the	1269
attorney general approves the application for the amended license	1270
or instant bingo. Except as otherwise provided in this division,	1271
the attorney general shall issue the amended license in accordance	1272
with division (E) of this section, and the organization shall	1273
surrender its original license to the attorney general. The	1274
attorney general shallmay refuse to grant an application for an	1275
amended bingo license according to the terms of division (B) of	1276
this section.	1277

(G) The attorney general, by rule adopted pursuant to	1278
section 111.15 of the Revised Code, shall establish a schedule of	1279
reduced license fees for charitable organizations that desire to	1280
conduct bingo gamesor instant bingo during fewer than twenty-six	1281
weeks in any calendar year.	1282

(H) The attorney general, by rule adopted pursuant to section	1283
111.15 of the Revised Code, shall establish license fees for the	1284
conduct of bingo, instant bingo at a bingo session, or instant	1285
bingo other than at a bingo session for charitable organizations	1286
that prior to the effective date of this amendment have not been	1287
licensed to conduct bingo, instant bingo at a bingo session, or	1288
instant bingo other than at a bingo session under this chapter.	1289

(I) The attorney general may enter into a written contract	1290
with any other state agency to delegate to that state agency the	1291
powers prescribed to the attorney general under Chapter 2915. of	1292
the Revised Code.	1293

(J) The attorney general, by rule adopted pursuant to	1294
section 111.15 of the Revised Code, may adopt rules to determine	1295
the requirements for a charitable organization that is exempt from	1296
federal income taxation under subsection 501(a) and described in	1297
subsection 501(c)(3) of the Internal Revenue Code to be in good	1298
standing in the state.	1299

Sec. 2915.081.  (A) No distributor shall sell, offer to sell,	1300
or otherwise provide or offer to provide bingo supplies to another	1301
person for use in this state without having obtained a license	1302
from the attorney general under this section.	1303

(B) The attorney general may issue a distributor license to	1304
any person that meets the requirements of this section. The	1305
application for the license shall be on a form prescribed by the	1306
attorney general and be accompanied by the annual fee prescribed	1307
by this section. The license is valid for a period of one year,	1308
and the annual fee for the license is two thousand five hundred	1309
dollars.	1310

(C) The attorney general may refuse to issue a distributor	1311
license to any person to which any of the following applies, or to	1312
any person that has an officer, partner, or other person who has	1313
an ownership interest of ten per cent or more and to whom any of	1314
the following applies:	1315

(1) The person, officer, or partner has been convicted of a	1316
felony under the laws of this state, another state, or the United	1317
States.	1318

(2) The person, officer, or partner has been convicted of any	1319
gambling offense.	1320

(3) The person, officer, or partner has made an incorrect or	1321
false statement that is material to the granting of a license in	1322
an application submitted to the attorney general under this	1323
section or in a similar application submitted to a gambling	1324
licensing authority in another jurisdiction if the statement	1325
resulted in license revocation through administrative action in	1326
the other jurisdiction.	1327

(4) The person, officer, or partner has submitted any	1328
incorrect or false information relating to the application to the	1329
attorney general under this section, if the information is	1330
material to the granting of the license.	1331

(5) The person, officer, or partner has failed to correct any	1332
incorrect or false information that is material to the granting of	1333
the license in the records required to be maintained under	1334
division (E) of section 2915.10 of the Revised Code.	1335

(6) The person, officer, or partner has had a license related	1336
to gambling revoked or suspended under the laws of this state,	1337
another state, or the United States.	1338

(D) The attorney general shall not issue a distributor	1339
license to any person that is involved in the conduct of bingo on	1340
behalf of a charitable organization or that is a lessor of	1341
premises used for the conduct of bingo. This division does not	1342
prohibit a distributor from advising charitable organizations on	1343
the use and benefit of specific bingo supplies or prohibit a	1344
distributor from advising a customer on operational methods to	1345
improve bingo profitability.	1346

(E)(1) No distributor shall sell, offer to sell, or otherwise	1347
provide or offer to provide bingo supplies to any person for use	1348
in this state except to a charitable organization that has been	1349
issued a license under section 2915.08 of the Revised Code or to	1350
another distributor that has been issued a license under this	1351
section. No distributor shall accept payment for the sale or	1352
other provision of bingo supplies other than by check.	1353

(2) No distributor may donate, give, loan, lease, or	1354
otherwise provide any bingo supplies or equipment to a charitable	1355
organization for use in a bingo session conditioned on or in	1356
consideration for an exclusive right to provide bingo supplies to	1357
the charitable organization. A distributor may provide a licensed	1358
charitable organization with free samples of the distributor's	1359
products to be used as prizes or to be used for the purpose of	1360
sampling.	1361

(3) No distributor shall purchase bingo supplies for use in	1362
this state from any person except from a manufacturer issued a	1363
license under section 2915.082 of the Revised Code or from another	1364
distributor issued a license under this section. Subject to	1365
division (D) of section 2915.082 of the Revised Code, no	1366
distributor shall pay for purchased bingo supplies other than by	1367
check.	1368

(4) No distributor shall participate in the conduct of bingo	1369
on behalf of a charitable organization or have any direct or	1370
indirect ownership interest in a premises used for the conduct of	1371
bingo.	1372

(5) No distributor shall knowingly solicit, offer, pay, or	1373
receive any kickback, bribe, or undocumented rebate, directly or	1374
indirectly, overtly or covertly, in cash or in kind, in return for	1375
providing bingo supplies to any person in this state.	1376

(F) The attorney general may suspend or revoke a distributor	1377
license for any of the reasons for which the attorney general may	1378
refuse to issue a distributor license specified in division (C) of	1379
this section or if the distributor holding the license violates	1380
any provision of this chapter or any rule adopted by the attorney	1381
general under this chapter.	1382

(G) Whoever violates division (A) or (E) of this section is	1383
guilty of illegally operating as a distributor. Except as	1384
otherwise provided in this division, illegally operating as a	1385
distributor is a misdemeanor of the first degree. If the offender	1386
previously has been convicted of a violation of division (A) or	1387
(E) of this section, illegally operating as a distributor is a	1388
felony of the fifth degree.	1389

Sec. 2915.082.  (A) No manufacturer shall sell, offer to	1390
sell, or otherwise provide or offer to provide bingo supplies for	1391
use in this state without having obtained a license from the	1392
attorney general under this section.	1393

(B) The attorney general may issue a manufacturer license to	1394
any person that meets the requirements of this section. The	1395
application for the license shall be on a form prescribed by the	1396
attorney general and be accompanied by the annual fee prescribed	1397
by this section. The license is valid for a period of one year,	1398
and the annual fee for the license is two thousand five hundred	1399
dollars.	1400

(C) The attorney general may refuse to issue a manufacturer	1401
license to any person to which any of the following applies, or to	1402
any person that has an officer, partner, or other person who has	1403
an ownership interest of ten per cent or more and to whom any of	1404
the following applies:	1405

(1) The person, officer, or partner has been convicted of a	1406
felony under the laws of this state, another state, or the United	1407
States.	1408

(2) The person, officer, or partner has been convicted of any	1409
gambling offense.	1410

(3) The person, officer, or partner has made an incorrect or	1411
false statement that is material to the granting of a license in	1412
an application submitted to the attorney general under this	1413
section or in a similar application submitted to a gambling	1414
licensing authority in another jurisdiction if the statement	1415
resulted in license revocation through administrative action in	1416
the other jurisdiction.	1417

(4) The person, officer, or partner has submitted any	1418
incorrect or false information relating to the application to the	1419
attorney general under this section, if the information is	1420
material to the granting of the license.	1421

(5) The person, officer, or partner has failed to correct any	1422
incorrect or false information that is material to the granting of	1423
the license in the records required to be maintained under	1424
division (F) of section 2915.10 of the Revised Code.	1425

(6) The person, officer, or partner has had a license related	1426
to gambling revoked or suspended under the laws of this state,	1427
another state, or the United States.	1428

(D)(1) No manufacturer shall sell, offer to sell, or	1429
otherwise provide or offer to provide bingo supplies to any person	1430
for use in this state except to a distributor that has been issued	1431
a license under section 2915.081 of the Revised Code. No	1432
manufacturer shall accept payment for the sale of bingo supplies	1433
other than by check.	1434

(2) No manufacturer shall knowingly solicit, offer, pay, or	1435
receive any kickback, bribe, or undocumented rebate, directly or	1436
indirectly, overtly or covertly, in cash or in kind, in return for	1437
providing bingo supplies to any person in this state.	1438

(E) The attorney general may suspend or revoke a manufacturer	1439
license for any of the reasons for which the attorney general may	1440
refuse to issue a manufacturer license specified in division (C)	1441
of this section or if the manufacturer holding the license	1442
violates any provision of this chapter or any rule adopted by the	1443
attorney general under this chapter.	1444

(F) Whoever violates division (A) or (D) of this section is	1445
guilty of illegally operating as a manufacturer. Except as	1446
otherwise provided in this division, illegally operating as a	1447
manufacturer is a misdemeanor of the first degree. If the	1448
offender previously has been convicted of a violation of division	1449
(A) or (D) of this section, illegally operating as a manufacturer	1450
is a felony of the fifth degree.	1451

Sec. 2915.09.  (A) ANo charitable organization that conducts	1452
a bingo game shall fail to do allany of the following:	1453

(1) Own all of the equipment used to conduct the bingo game	1454
or lease that equipment from a charitable organization that is	1455
licensed to conduct a bingo game for a rental rate that is not	1456
more than is customary and reasonable for that equipment;	1457

(2) Use all of the gross receipts from the bingo game for	1458
paying prizes, for the charitable purposes listed in its bingo	1459
license applicationrenting premises in which to conduct bingo,	1460
for purchasing or leasing bingo cards and other equipmentsupplies	1461
used in conducting the bingo game, for hiring security personnel	1462
for the bingo game, orfor advertising the bingo game, or for	1463
other expenses listed in division (LL) of section 2915.01 of the	1464
Revised Code, provided that the amount of the receipts so spent is	1465
not more than is customary and reasonable for a similar purchase,	1466
lease, hiring, or advertising, and for renting premises in which	1467
to conduct the bingo game, except that ifor expense. If the	1468
building in which the gamebingo is conducted is owned by the	1469
charitable organization conducting the gamebingo and the bingo	1470
conducted includes a form of bingo described in division (S)(1) of	1471
section 2915.01 of the Revised Code, the charitable organization	1472
may deduct from the total amount of the gross receipts from each	1473
session a sum equal to the lesser of six hundred dollars or	1474
forty-five per cent of the gross receipts from the sessionbingo	1475
described in that division as consideration for the use of the	1476
premises;.	1477

(3) ConductUse, or give, donate, or otherwise transfer, all	1478
of the net profit derived from bingo, other than instant bingo,	1479
for a charitable purpose listed in its license application and	1480
described in division (Z) of section 2915.01 of the Revised Code,	1481
or distribute all of the net profit derived from instant bingo as	1482
stated in its license application and in accordance with section	1483
2915.101 of the Revised Code.	1484

(B) No charitable organization that conducts a bingo game	1485
described in division (S)(1) of section 2915.01 of the Revised	1486
Code shall fail to do any of the following:	1487

(1) Conduct the bingo game on premises that are owned by the	1488
charitable organization, on premises that are owned by another	1489
charitable organization and leased from that charitable	1490
organization for a rental rate not in excess of fourthe lesser of	1491
six hundred fifty dollars per bingo session or forty-five per cent	1492
of the gross receipts of the bingo session, on premises that are	1493
leased from a person other than a charitable organization for a	1494
rental rate that is not more than is customary and reasonable for	1495
premises that are similar in location, size, and quality but not	1496
in excess of four hundred fifty dollars per bingo session, or on	1497
premises that are owned by a person other than a charitable	1498
organization, that are leased from that person by another	1499
charitable organization, and that are subleased from that other	1500
charitable organization by the charitable organization for a	1501
rental rate not in excess of four hundred fifty dollars per bingo	1502
session. If the charitable organization leases from a person	1503
other than a charitable organization the premises on which it	1504
conducts bingo gamessessions, the lessor of the premises shall	1505
provide only the premises to the organization and shall not	1506
provide the organization with bingo game operators, security	1507
personnel, concessions or concession operators, bingo equipment	1508
supplies, or any other type of service or equipment. A charitable	1509
organization shall not lease or sublease premises that it owns or	1510
leases to more than one other charitable organization per calendar	1511
week for the purpose of conducting bingo gamessessions on the	1512
premises. A person that is not a charitable organization shall	1513
not lease premises that it owns, leases, or otherwise is empowered	1514
to lease to more than one charitable organization per calendar	1515
week for conducting bingo gamessessions on the premises. In no	1516
case shall more than two bingo sessions be conducted on any	1517
premises in any calendar week.	1518

(4)(2) Display its bingo license conspicuously at the	1519
locationpremises where the bingo gamesession is conducted;	1520

(5)(3) Conduct the bingo gamesession in accordance with the	1521
definition of bingo set forth in division (S)(1) of section	1522
2915.01 of the Revised Code.	1523

(B)A(C)No charitable organization that conducts a bingo	1524
game described in division (S)(1) of section 2915.01 of the	1525
Revised Code shall not do any of the following:	1526

(1) Pay any compensation to a bingo game operator for	1527
operating a bingo gamesession that is conducted by the charitable	1528
organization or for preparing, selling, or serving food or	1529
beverages at the site of the bingo gamesession, permit any	1530
auxiliary unit or society of the charitable organization to pay	1531
compensation to any bingo game operator who prepares, sells, or	1532
serves food or beverages at a bingo session conducted by the	1533
charitable organization, or permit any auxiliary unit or society	1534
of the charitable organization to prepare, sell, or serve food or	1535
beverages at a bingo session conducted by the charitable	1536
organization, if the auxiliary unit or society pays any	1537
compensation to the bingo game operators who prepare, sell, or	1538
serve the food or beverages;	1539

(2) Pay consulting fees to any person for any services	1540
performed in relation to the bingo gamesession;	1541

(3) Pay concession fees to any person who provides	1542
refreshments to the participants in the bingo gamesession;	1543

(4) ConductExcept as otherwise provided in division (C)(4)	1544
of this section, conduct more than two bingo sessions in any	1545
seven-day period. Except that aA volunteer fire fighter's	1546
firefighter's organization or a volunteer rescue service	1547
organization that conducts not more than five bingo sessions in a	1548
calendar year may conduct more than two bingo sessions in a	1549
seven-day period after notifying the attorney general when it will	1550
conduct the sessions;.	1551

(5) Pay out more than three thousand five hundred dollars in	1552
prizes during any bingo session that is conducted by the	1553
charitable organization;	1554

(6) Conduct a bingo session at any time during the ten-hour	1555
period between midnight and ten a.m., at any time during, or	1556
within ten hours of, a bingo game conducted for amusement only	1557
pursuant to section 2915.12 of the Revised Code, at any location	1558
premises not specified on its bingo license, or on any day of the	1559
week or during any time period not specified on its bingo license.	1560
If circumstances beyond its control make it impossibleimpractical	1561
for the charitable organization to conduct a bingo session at the	1562
locationpremises, or on the day of the week or at the time,	1563
specified on its bingo license or if a charitable organization	1564
wants to conduct bingo sessions on a day of the week or at a time	1565
other than the day or time specified on its bingo license, the	1566
charitable organization may apply in writing to the attorney	1567
general for an amended bingo license, pursuant to division (F) of	1568
section 2915.08 of the Revised Code. A charitable organization	1569
may apply only oncetwice in each calendar year for an amended	1570
license to conduct bingo sessions on a day of the week or at a	1571
time other than the day or time specified on its bingo license. If	1572
the amended license is granted, the organization may conduct bingo	1573
sessions at the locationpremises, on the day of the week, and at	1574
the time specified on its amended license.	1575

(7) Permit any person whom the charitable organization	1576
knows, or should have known, is under the age of eighteen to work	1577
as a bingo game operator;	1578

(8) Permit any person whom the charitable organization	1579
knows, or should have known, has been convicted of a felony or	1580
gambling offense in any jurisdiction to be a bingo game operator;	1581

(9) Permit the lessor of the premises on which the bingo	1582
session is conducted, if the lessor is not a charitable	1583
organization, to provide the charitable organization with bingo	1584
game operators, security personnel, concessions, bingo equipment	1585
supplies, or any other type of service or equipment;	1586

(10) Purchase or lease bingo supplies from any person	1587
except a distributor issued a license under section 2915.081 of	1588
the Revised Code;	1589

(11)(a) Use or permit the use of electronic bingo aids	1590
except under the following circumstances:	1591

(i) For any single participant, not more than ninety bingo	1592
faces can be played using an electronic bingo aid or aids.	1593

(ii) The charitable organization shall provide a	1594
participant using an electronic bingo aid with corresponding paper	1595
bingo cards or sheets.	1596

(iii) The total price of bingo faces played with an	1597
electronic bingo aid shall be equal to the total price of the	1598
same number of bingo faces played with a paper bingo card or sheet	1599
sold at the same bingo session but without an electronic bingo	1600
aid.	1601

(iv) An electronic bingo aid cannot be part of an electronic	1602
network other than a network that includes only bingo aids and	1603
devices that are located on the premises at which the bingo is	1604
being conducted or be interactive with any device not located on	1605
the premises at which the bingo is being conducted.	1606

(v) An electronic bingo aid cannot be used to participate	1607
in bingo that is conducted at a location other than the location	1608
at which the bingo session is conducted and at which the	1609
electronic bingo aid is used.	1610

(vi) An electronic bingo aid cannot be used to provide	1611
for the input of numbers and letters announced by a bingo caller	1612
other than the bingo caller who physically calls the numbers and	1613
letters at the location at which the bingo session is conducted	1614
and at which the electronic bingo aid is used.	1615

(b) The attorney general may adopt rules in accordance with	1616
Chapter 119. of the Revised Code that govern the use of electronic	1617
bingo aids. The rules may include a requirement that an	1618
electronic bingo aid be capable of being audited by the attorney	1619
general to verify the number of bingo cards or sheets played	1620
during each bingo session.	1621

(12) Permit any person the charitable organization knows, or	1622
should have known, to be under eighteen years of age to play bingo	1623
described in division (S)(1) of section 2915.01 of the Revised	1624
Code.	1625

(C) A(D)Except as otherwise provided in this division, no	1626
charitable organization shall provide to a bingo game operator,	1627
and no bingo game operator shall not receive or accept, any	1628
commission, wage, salary, reward, tip, donation, gratuity, or	1629
other form of compensation, directly or indirectly, regardless of	1630
the source, for operating aconducting bingo game or providing	1631
other work or labor at the site of the bingo game. This division	1632
does not prohibit an employee of a fraternal organization or	1633
veteran's organization from selling instant bingo tickets or cards	1634
to the organization's members, as long as no portion of the	1635
employee's compensation is paid from any receipts of bingo.	1636

(D)(E) Notwithstanding division (A)(3)(B)(1) of this	1637
section, a charitable organization that, prior to December 6,	1638
1977, has entered into written agreements for the lease of	1639
premises it owns to another charitable organization or other	1640
charitable organizations for the conducting of bingo sessions so	1641
that more than two bingo sessions are conducted per calendar week	1642
on the premises, and a person that is not a charitable	1643
organization and that, prior to December 6, 1977, has entered into	1644
written agreements for the lease of premises it owns to charitable	1645
organizations for the conducting of more than two bingo sessions	1646
per calendar week on the premises, may continue to lease the	1647
premises to those charitable organizations, provided that no more	1648
than four sessions are conducted per calendar week, that the	1649
lessor organization or person has notified the attorney general in	1650
writing of the organizations that will conduct the sessions and	1651
the days of the week and the times of the day on which the	1652
sessions will be conducted, that the initial lease entered into	1653
with each organization that will conduct the sessions was filed	1654
with the attorney general prior to December 6, 1977, and that each	1655
organization that will conduct the sessions was issued a license	1656
to conduct bingo games by the attorney general prior to December	1657
6, 1977.	1658

(E)(F) Whoever violates division (A)(2) of this section is	1659
guilty of illegally conducting a bingo game, a felony of the	1660
fourth degree. WhoeverExcept as otherwise provided in this	1661
division, whoever violates division (A)(1),or (3), (4), or (5),	1662
(B)(1), (2),or(3), or (C)(1) to (12), or (D) of this section is	1663
guilty of a minor misdemeanor. If the offender previously has	1664
been convicted of a violation of division (A)(1),or (3), (4), or	1665
(5), (B)(1), (2),or(3), or (C)(1) to (11), or, (D) of this	1666
section, a violation of division (A)(1),or (3), (4), or (5),	1667
(B)(1), (2), or (3), or (C), or (D) of this section is a	1668
misdemeanor of the first degree. Whoever violates division (C)(12)	1669
of this section is guilty of a misdemeanor of the first degree, if	1670
the offender previously has been convicted of a violation of	1671
division (C)(12) of this section, a felony of the fourth degree.	1672

Sec. 2915.091.  (A) No charitable organization that conducts	1673
instant bingo shall do any of the following:	1674

(1) Fail to comply with the requirements of divisions (A)(1),	1675
(2), and (3) of section 2915.09 of the Revised Code;	1676

(2) Conduct instant bingo unless either of the following	1677
apply:	1678

(a) That organization is, and has received from the internal	1679
revenue service a determination letter that is currently in effect	1680
stating that the organization is, exempt from federal income	1681
taxation under subsection 501(a), is described in subsection	1682
501(c)(3) of the Internal Revenue Code, is a charitable	1683
organization as defined in section 2915.01 of the Revised Code, is	1684
in good standing in the state pursuant to section 2915.08 of the	1685
Revised Code, and is in compliance with Chapter 1716. of the	1686
Revised Code;	1687

(b) That organization is, and has received from the internal	1688
revenue service a determination letter that is currently in effect	1689
stating that the organization is, exempt from federal income	1690
taxation under subsection 501(a), is described in subsection	1691
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code,	1692
and conducts instant bingo under section 2915.13 of the Revised	1693
Code.	1694

(3) Conduct instant bingo on any day, at any time, or at any	1695
premises not specified on the organization's license issued	1696
pursuant to section 2915.08 of the Revised Code;	1697

(4) Permit any person whom the organization knows or should	1698
have known has been convicted of a felony or gambling offense in	1699
any jurisdiction to be a bingo game operator in the conduct of	1700
instant bingo;	1701

(5) Purchase or lease supplies used to conduct instant bingo	1702
or punch board games from any person except a distributor licensed	1703
under section 2915.081 of the Revised Code;	1704

(6) Sell or provide any instant bingo ticket or card for a	1705
price different from the price printed on it by the manufacturer;	1706

(7)Sell an instant bingo ticket or card to a person under	1707
eighteen years of age;	1708

(8) Fail to keep unsold instant bingo tickets or cards for	1709
less than three years;	1710

(9) Pay any compensation to a bingo game operator for	1711
conducting instant bingo that is conducted by the organization or	1712
for preparing, selling, or serving food or beverages at the site	1713
of the instant bingo game, permit any auxiliary unit or society of	1714
the organization to pay compensation to any bingo game operator	1715
who prepares, sells, or serves food or beverages at an instant	1716
bingo game conducted by the organization, or permit any auxiliary	1717
unit or society of the organization to prepare, sell, or serve	1718
food or beverages at an instant bingo game conducted by the	1719
organization, if the auxiliary unit or society pays any	1720
compensation to the bingo game operators who prepare, sell, or	1721
serve the food or beverages;	1722

(10) Pay fees to any person for any services performed in	1723
relation to an instant bingo game;	1724

(11) Pay fees to any person who provides refreshments to the	1725
participants in an instant bingo game;	1726

(12) Allow instant bingo tickets or cards to be sold to	1727
bingo game operators who are performing work or labor at a	1728
premises at which the organization sells instant bingo tickets or	1729
cards or to be sold to employees of a D permit holder who are	1730
working at a premises at which instant bingo tickets or cards are	1731
sold on behalf of the organization as described in division (B)	1732
of section 4301.03 of the Revised Code;	1733

(13) Fail to display its bingo license, and the serial	1734
numbers of the deal of instant bingo tickets or cards to be sold,	1735
conspicuously at each premises at which it sells instant bingo	1736
tickets or cards;	1737

(14) Possess a deal of instant bingo tickets or cards that	1738
was not purchased from a distributor licensed under section	1739
2915.081 of the Revised Code as reflected on an invoice issued by	1740
the distributor that contains all of the information required by	1741
division (E) of section 2915.10 of the Revised Code;	1742

(15) Fail, once it opens a deal of instant bingo tickets or	1743
cards, to continue to sell the tickets or cards in that deal until	1744
the tickets or cards with the top two highest tiers of prizes in	1745
that deal are sold;	1746

(16) Purchase, lease, or use instant bingo ticket dispensers	1747
to sell instant bingo tickets or cards;	1748

(17) Possess bingo supplies that were not obtained in	1749
accordance with sections 2915.01 to 2915.13 of the Revised Code.	1750

(B) A charitable organization may conduct instant bingo other	1751
than at a bingo session at not more than five separate locations.	1752
A charitable organization that is exempt from federal taxation	1753
under subsection 501(a) and described in subsection 501(c)(3) of	1754
the Internal Revenue Code and that is created by a veteran's	1755
organization or a fraternal organization is not limited in the	1756
number of separate locations the charitable organization may	1757
conduct instant bingo other than at a bingo session.	1758

(C) The attorney general may adopt rules in accordance with	1759
Chapter 119. of the Revised Code that govern the conduct of	1760
instant bingo by charitable organizations. Before those rules	1761
are adopted, the attorney general shall reference the recommended	1762
standards for opacity, randomization, minimum information, winner	1763
protection, color, and cutting for instant bingo tickets or cards,	1764
seal cards, and punch boards established by the North American	1765
gaming regulators association.	1766

(D) Whoever violates division (A) of this section or a rule	1767
adopted under division (B) of this section is guilty of illegal	1768
instant bingo conduct. Except as otherwise provided in this	1769
division, illegal instant bingo conduct is a misdemeanor of the	1770
first degree. If the offender previously has been convicted of a	1771
violation of division (A) of this section or of such a rule,	1772
illegal instant bingo conduct is a felony of the fifth degree.	1773

Sec. 2915.092.  (A) A charitable organization may conduct a	1774
raffle to raise money for the charitable organization and does not	1775
need a license to conduct bingo in order to conduct a raffle	1776
drawing.	1777

(B)(1) No charitable organization shall conduct a raffle	1778
unless the organization is, and has received from the internal	1779
revenue service a determination letter that is currently in effect	1780
stating that the organization is, exempt from federal income	1781
taxation under subsection 501(a) and is described in subsection	1782
501(c)(3) of the Internal Revenue Code.	1783

(2) No charitable organization shall conduct more than	1784
thirty-six raffles during a calendar year.	1785

(3) No person shall be compensated directly or indirectly for	1786
assisting in the conduct or operation of a raffle.	1787

(C) No raffle drawing shall be conducted on premises other	1788
than premises that a charitable organization uses for its	1789
charitable programs.	1790

(D) No person shall fail to use, or give, donate, or	1791
otherwise transfer, the net profit from a raffle for a charitable	1792
purpose described in division (Z) of section 2915.01 of the	1793
Revised Code.	1794

(E) Whoever violates division (B), (C), or (D) of this	1795
section is guilty of illegal conduct of a raffle. Except as	1796
otherwise provided in this division, illegal conduct of a raffle	1797
is a misdemeanor of the first degree. If the offender previously	1798
has been convicted of a violation of division (B), (C), or (D) of	1799
this section, illegal conduct of a raffle is a felony of the fifth	1800
degree.	1801

Sec. 2915.093. (A) As used in this section, "retail income	1802
from all commercial activity" includes the sale of instant bingo	1803
tickets.	1804

(B) A charitable instant bingo organization may conduct	1805
instant bingo other than at a bingo session at not more than five	1806
separate locations.	1807

(C) If a charitable instant bingo organization conducts	1808
instant bingo other than at a bingo session, the charitable	1809
instant bingo organization shall enter into a written contract	1810
with the owner or lessor of the location at which the instant	1811
bingo is conducted to allow the owner or lessor to assist in the	1812
conduct of instant bingo other than at a bingo session, identify	1813
each location where the instant bingo other than at a bingo	1814
session is being conducted, and identify the owner or lessor of	1815
each location.	1816

(D) No charitable instant bingo organization shall conduct	1817
instant bingo other than at a bingo session at a location where	1818
the primary source of retail income from all commercial activity	1819
at that location is the sale of instant bingo tickets.	1820

(E) The owner or lessor of a location that enters into a	1821
contract pursuant to division (C) of this section shall pay up	1822
front for the cost of the deal of instant bingo tickets and the	1823
gross profits that would be earned by the owner or lessor if all	1824
of the instant bingo tickets are sold. The owner or lessor may	1825
retain the money that the owner or lessor receives for selling the	1826
instant bingo tickets up to the amount that it paid to the	1827
charitable instant bingo organization. If the owner or lessor of	1828
the location earns any more money than the owner or lessor paid	1829
out in prizes or paid up front, the owner or lessor of the	1830
location shall pay that money to the charitable instant bingo	1831
organization.	1832

(F) A charitable instant bingo organization shall provide	1833
the attorney general with all of the following information:	1834

(1) That the charitable instant bingo organization has	1835
terminated a contract entered into pursuant to division (C) of	1836
this section with an owner or lessor of a location;	1837

(2) That the charitable instant bingo organization has	1838
entered into a written contract pursuant to division (C) of this	1839
section with a new owner or lessor of a location;	1840

(3) That the charitable instant bingo organization is aware	1841
of conduct by the owner or lessor of a location at which instant	1842
bingo is conducted that is in violation of Chapter 2915. of the	1843
Revised Code.	1844

Sec. 2915.094. (A) No owner or lessor of a location shall	1845
assist a charitable instant bingo organization in the conduct of	1846
instant bingo other than at a bingo session at that location	1847
unless the owner or lessor has entered into a written contract, as	1848
described in division (C) of section 2915.093 of the Revised Code,	1849
with the charitable instant bingo organization to assist in the	1850
conduct of instant bingo other than at a bingo session.	1851

(B) The location of the lessor or owner shall be designated	1852
as a location where the charitable instant bingo organization	1853
conducts instant bingo other than at a bingo session.	1854

(C) No owner or lessor of a location that enters into a	1855
written contract as prescribed in division (A) of this section	1856
shall violate any provision of Chapter 2915. of the Revised Code,	1857
or permit, aid, or abet any other person in violating any	1858
provision of Chapter 2915. of the Revised Code.	1859

(D) No owner or lessor of a location that enters into a	1860
written contract as prescribed in division (A) of this section	1861
shall violate the terms of the contract.	1862

(E)(1) Whoever violates division (C) or (D) of this section	1863
is guilty of illegal instant bingo conduct. Except as otherwise	1864
provided in this division, illegal instant bingo conduct is a	1865
misdemeanor of the first degree. If the offender previously has	1866
been convicted of a violation of division (C) or (D) of this	1867
section, illegal instant bingo conduct is a felony of the fifth	1868
degree.	1869

(2) If an owner or lessor of a location knowingly,	1870
intentionally, or recklessly violates division (C) or (D) of this	1871
section, any license that the owner or lessor holds for the retail	1872
sale of any goods on the owner's or lessor's premises that is	1873
issued by the state or a political subdivision is subject to	1874
suspension, revocation, or payment of a monetary penalty at the	1875
request of the attorney general.	1876

Sec. 2915.095. The attorney general, by rule adopted pursuant	1877
to section 111.15 of the Revised Code, shall establish a standard	1878
contract to be used by a charitable instant bingo organization, a	1879
veteran's organization, or a fraternal organization, for the	1880
conduct of instant bingo other than at a bingo session. The terms	1881
of the contract shall be limited to the provisions in Chapter	1882
2915. of the Revised Code.	1883

Sec. 2915.10.  (A) ANo charitable organization that conducts	1884
a bingo session or scheme ora game of chance pursuant to division	1885
(D) of section 2915.02 of the Revised Code, shall fail to maintain	1886
the following records for at least three years from the date on	1887
which the bingo session or scheme or game of chance is conducted:	1888

(1) An itemized list of the gross receipts of each bingo	1889
session or scheme or,each game of instant bingo by serial number,	1890
each raffle, each punch board game, and each game of chance;	1891

(2) An itemized list of all expenses, other than prizes,	1892
that are incurred in conducting the bingo sessionor instant	1893
bingo, the name of each person to whom the expenses are paid, and	1894
a receipt for all of the expenses;	1895

(3) A list of all prizes awarded during theeach bingo	1896
session or scheme or,each raffle, each punch board game, and each	1897
game of chance conducted by the charitable organization,the total	1898
prizes awarded from each game of instant bingo by serial number,	1899
and the name and, address,and social security number of all	1900
persons who are winners of prizes of onesix hundred dollars or	1901
more in value;	1902

(4) An itemized list of the charitable recipients of the	1903
proceedsnet profit of the bingo session or scheme or game of	1904
chance, including the name and address of each recipient to whom	1905
the money is distributed, and if the organization uses the	1906
proceedsnet profit of a bingo session, or the money or assets	1907
received from a scheme or game of chance, for any charitable or	1908
other purpose set forth in division (Z) of section 2915.01 or,	1909
division (D) of section 2915.02, or section 2915.101 of the	1910
Revised Code, a list of each purpose and an itemized list of each	1911
expenditure for each purpose;	1912

(5) The number of persons who participate in any bingo	1913
session or scheme or game of chance that is conducted by the	1914
charitable organization;	1915

(6) A list of receipts from the sale of food and beverages	1916
by the charitable organization or one of its auxiliary units or	1917
societies, if the receipts were excluded from the definition of	1918
"gross receipts" under division (X) of section 2915.01 of the	1919
Revised Code;	1920

(7) An itemized list of all expenses incurred at each bingo	1921
session,each raffle, each punch board game, or each game of	1922
instant bingo conducted by the charitable organization in the sale	1923
of food and beverages by the charitable organization or by an	1924
auxiliary unit or society of the charitable organization, the name	1925
of each person to whom the expenses are paid, and a receipt for	1926
all of the expenses.	1927

(B) A charitable organization shall keep the records that it	1928
is required to maintain pursuant to division (A) of this section	1929
at its principal place of business in this state or at its	1930
headquarters in this state and shall notify the attorney general	1931
of the location at which those records are kept.	1932

(C) The gross profit from each bingo session or game	1933
described in division (S)(1) or (2) of section 2915.01 of the	1934
Revised Code shall be deposited into a checking account devoted	1935
exclusively to the bingo session or game. Payments for allowable	1936
expenses incurred in conducting the bingo session or game and	1937
payments to recipients of some or all of the net profit of the	1938
bingo session or game shall be made only by checks drawn on the	1939
bingo session or game account.	1940

(D) Each charitable organization shall conduct and record an	1941
inventory of all of its bingo supplies as of the first day of	1942
November of each year.	1943

(E) The attorney general may adopt rules in accordance with	1944
Chapter 119. of the Revised Code that establish standards of	1945
accounting, record keeping, and reporting to ensure that gross	1946
receipts from bingo or games of chance are properly accounted for.	1947

(F) A distributor shall maintain, for a period of three years	1948
after the date of its sale or other provision, a record of each	1949
instance of its selling or otherwise providing to another person	1950
bingo supplies for use in this state. The record shall include	1951
all of the following for each instance:	1952

(1) The name of the manufacturer from which the distributor	1953
purchased the bingo supplies and the date of the purchase;	1954

(2) The name and address of the charitable organization or	1955
other distributor to which the bingo supplies were sold or	1956
otherwise provided;	1957

(3) A description that clearly identifies the bingo supplies;

1958

(4) Invoices that include the nonrepeating serial numbers of	1959
all paper bingo cards and sheets and all instant bingo deals sold	1960
or otherwise provided to each charitable organization.	1961

(G) A manufacturer shall maintain, for a period of three	1962
years after the date of its sale or other provision, a record of	1963
each instance of its selling or otherwise providing bingo supplies	1964
for use in this state. The record shall include all of the	1965
following for each instance:	1966

(1) The name and address of the distributor to whom the bingo	1967
supplies were sold or otherwise provided;	1968

(2) A description that clearly identifies the bingo supplies,	1969
including serial numbers;	1970

(3) Invoices that include the nonrepeating serial numbers of	1971
all paper bingo cards and sheets and all instant bingo deals sold	1972
or otherwise provided to each distributor.	1973

(H) The attorney general, or any local law enforcement	1974
agency, may do all of the following:	1975

(1) Investigate any charitable organization or any officer,	1976
agent, trustee, member, or employee of the organization;	1977

(2) Examine the accounts and records of the organization;

1978

(3) Conduct inspections, audits, and observations of bingo	1979
games or schemes or games of chance while they are in session;	1980

(4) Conduct inspections of the premises where bingo games or	1981
schemes or games of chance are operatedconducted;	1982

(5) Take any other necessary and reasonable action to	1983
determine if a violation of any provision of sections 2915.01,	1984
2915.02, and 2915.07 to 2915.122915.13 of the Revised Code has	1985
occurred and to determine whether section 2915.11 of the Revised	1986
Code has been complied with.	1987

If any local law enforcement agency has reasonable grounds to	1988
believe that a charitable organization or an officer, agent,	1989
trustee, member, or employee of the organization has violated any	1990
provision of this chapter, the local law enforcement agency may	1991
proceed by action in the proper court to enforce this chapter,	1992
provided that the local law enforcement agency shall give written	1993
notice to the attorney general when commencing an action as	1994
described in this division.	1995

(C)(I) No person shall destroy, alter, conceal, withhold,	1996
or deny access to any accounts or records of a charitable	1997
organization that have been requested for examination, or	1998
obstruct, impede, or interfere with any inspection, audit, or	1999
observation of a bingo game or scheme ora game of chance or	2000
premises where a bingo game or scheme ora game of chance is	2001
operatedconducted, or refuse to comply with any reasonable	2002
request of, or obstruct, impede, or interfere with any other	2003
reasonable action undertaken by, the attorney general or a local	2004
law enforcement agency pursuant to division (B)(H) of this	2005
section.	2006

(D)(J) Whoever violates division (A) or (C)(I) of this	2007
section is guilty of a misdemeanor of the first degree.	2008

Sec. 2915.101. Except as otherwise provided by law, a	2009
charitable organization that conducts instant bingo shall	2010
distribute the net profit from the proceeds of the sale of instant	2011
bingo as follows:	2012

(A)(1) If a veteran's organization or a fraternal	2013
organization conducted the instant bingo, the organization shall	2014
distribute the net profit, as follows:	2015

(a) A minimum of fifty per cent shall be distributed to an	2016
organization described in division (Z)(1) of section 2915.01 of	2017
the Revised Code or to a department or agency of the federal	2018
government, the state, or any political subdivision;	2019

(b) Fifteen per cent may be distributed for the	2020
organization's own charitable purposes.	2021

(c) Thirty-five per cent may be deducted and retained by the	2022
organization for the organization's expenses in conducting the	2023
instant bingo game.	2024

(2) If a veteran's organization or a fraternal organization	2025
does not distribute the full percentages specified in divisions	2026
(A)(1)(b) and (c) of this section for the purposes specified in	2027
those divisions, the organization shall distribute the balance of	2028
the net profit not distributed or retained for those purposes to	2029
an organization described in division (Z)(1) of section 2915.01 of	2030
the Revised Code.	2031

(3) A veteran's organization or a fraternal organization is	2032
not required to itemize the organization's expenses.	2033

(B)(1) If a charitable organization other than a veteran's	2034
organization or a fraternal organization conducted the instant	2035
bingo, the organization shall distribute the net profit as	2036
follows:	2037

(a) A minimum of seventy per cent shall be distributed to an	2038
organization described in division (Z)(1) of section 2915.01 of	2039
the Revised Code or to a department or agency of the federal	2040
government, the state, or any political subdivision.	2041

(b) Thirty per cent may be deducted and retained by the	2042
organization for the organization's expenses in conducting the	2043
instant bingo game.	2044

(2) If a charitable organization does not retain the full	2045
percentage specified in division (B)(1)(b) of this section for the	2046
purposes specified in that division, the organization shall	2047
distribute the balance of the net profit not retained for that	2048
purpose to an organization described in division (Z)(1) of section	2049
2915.01 of the Revised Code.	2050

(3) A charitable organization other than a veteran's	2051
organization or fraternal organization is not required to itemize	2052
the charitable organization's expenses.	2053

Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised	2054
Code do not apply to bingo games that are conducted for the	2055
purpose of amusement only. A bingo game is conducted for the	2056
purpose of amusement only if it complies with all of the	2057
requirements specified in either division (A)(1) or (B)(2) of this	2058
section:	2059

(A)(1)(a) The participants do not pay any money or any other	2060
thing of value including an admission fee, or any fee for bingo	2061
cards,or sheets, objects to cover the spaces, or other devices	2062
used in playing bingo, for the privilege of participating in the	2063
bingo game, or to defray any costs of the game, or pay tips or	2064
make donations during or immediately before or after the bingo	2065
game;.	2066

(2)(b) All prizes awarded during the course of the game are	2067
nonmonetary, and in the form of merchandise, goods, or	2068
entitlements to goods or services only, and the total value of all	2069
prizes awarded during the game is less than one hundred dollars;.	2070

(3)(c) No commission, wages, salary, reward, tip, donation,	2071
gratuity, or other form of compensation, either directly or	2072
indirectly, and regardless of the source, is paid to any bingo	2073
game operator for work or labor performed at the site of the bingo	2074
game;.	2075

(4)(d) The bingo game is not conducted either during or	2076
within ten hours of any of the following:	2077

(a)(i) A bingo session during which a charitable bingo game	2078
is conducted pursuant to sections 2915.07 to 2915.11 of the	2079
Revised Code;	2080

(b)(ii) A scheme or game of chance other than a bingo game	2081
conducted pursuant to this section,or bingo described in division	2082
(S)(2) of section 2915.01 of the Revised Code.	2083

(5)(e) The number of players participating in the bingo game	2084
does not exceed fifty.	2085

(B)(1)(2)(a) The participants do not pay money or any other	2086
thing of value as an admission fee, and no participant is charged	2087
more than twenty-five cents to purchase a bingo card,or sheet,	2088
objects to cover the spaces, or other devices used in playing	2089
bingo;.	2090

(2)(b) The total amount of money paid by all of the	2091
participants for bingo cards,or sheets, objects to cover the	2092
spaces, or other devices used in playing bingo does not exceed one	2093
hundred dollars;.	2094

(3)(c) All of the money paid for bingo cards,or sheets,	2095
objects to cover spaces, or other devices used in playing bingo	2096
areis used only to pay winners monetary and nonmonetary prizes	2097
and to provide refreshments;.	2098

(4)(d) The total value of all prizes awarded during the game	2099
does not exceed one hundred dollars;.	2100

(5)(e) No commission, wages, salary, reward, tip, donation,	2101
gratuity, or other form of compensation, either directly or	2102
indirectly, and regardless of the source, is paid to any bingo	2103
game operator for work or labor performed at the site of the bingo	2104
game;.	2105

(6)(f) The bingo game is not conducted during or within ten	2106
hours of either of the following:	2107

(a)(i) A bingo session during which a charitable bingo game	2108
is conducted pursuant to sections 2915.07 to 2915.11 of the	2109
Revised Code;	2110

(b)(ii) A scheme of chance or game of chance other than a	2111
bingo game conducted pursuant to this section,or bingo described	2112
in division (S)(2) of section 2915.01 of the Revised Code.	2113

(7)(g) All of the participants reside at the premises where	2114
the bingo game is conducted;.	2115

(8)(h) The bingo games are conducted on different days of	2116
the week and not more than twice in a calendar week.	2117

(C)(B) The attorney general, or any local law enforcement	2118
agency, may investigate the conduct of a bingo game that	2119
purportedly is conducted for purposes of amusement only if there	2120
is reason to believe that the purported amusement bingo game does	2121
not comply with the requirements of either division (A)(1) or	2122
(B)(2) of this section. A local law enforcement agency may	2123
proceed by action in the proper court to enforce this section if	2124
the local law enforcement agency gives written notice to the	2125
attorney general when commencing the action.	2126

Sec. 2915.13. (A) A veteran's organization or a fraternal	2127
organization authorized to conduct a bingo session pursuant to	2128
sections 2915.01 to 2915.12 of the Revised Code may conduct	2129
instant bingo other than at a bingo session if all of the	2130
following apply:	2131

(1) The veteran's organization or fraternal organization	2132
limits the sale of instant bingo to ten consecutive hours per day	2133
for up to six days per week.	2134

(2) The veteran's organization or fraternal organization	2135
limits the sale of instant bingo to its own premises and to its	2136
own members and invited guests.	2137

(3) The veteran's organization or fraternal organization is	2138
raising money for a charitable organization and executes a written	2139
contract with the charitable organization as required in division	2140
(B) of this section.	2141

(B) If a veteran's organization or fraternal organization	2142
authorized to conduct instant bingo pursuant to division (A) of	2143
this section is raising money for another charitable organization,	2144
the veteran's organization or fraternal organization shall execute	2145
a written contract with a charitable organization in order to	2146
conduct instant bingo. That contract shall include a statement of	2147
the percentage of the net proceeds that the veteran's or fraternal	2148
organization will be distributing to the charitable organization.	2149

(C)(1) If a veteran's organization or fraternal	2150
organization authorized to conduct instant bingo pursuant to	2151
division (A) of this section has been issued a liquor permit under	2152
Chapter 4303. of the Revised Code, that permit may be subject to	2153
suspension, revocation, or cancellation if the veteran's	2154
organization or fraternal organization violates a provision of	2155
sections 2915.01 to 2915.13 of the Revised Code.	2156

(2) No veteran's organization or fraternal organization that	2157
enters into a written contract pursuant to division (B) of this	2158
section shall violate any provision of Chapter 2915. of the	2159
Revised Code, or permit, aid, or abet any other person in	2160
violating any provision of Chapter 2915. of the Revised Code.	2161

(D) A veteran's organization or fraternal organization shall	2162
give all required proceeds earned from the conduct of instant	2163
bingo to the charitable organization with which the veteran's	2164
organization or fraternal organization has entered into a written	2165
contract.	2166

(E) Whoever violates this section is guilty of illegal	2167
instant bingo conduct. Except as otherwise provided in this	2168
division, illegal instant bingo conduct is a misdemeanor of the	2169
first degree. If the offender previously has been convicted of a	2170
violation of this section, illegal instant bingo conduct is a	2171
felony of the fifth degree.	2172

Sec. 3763.01.  (A) All promises, agreements, notes, bills,	2173
bonds, or other contracts, mortgages, or other securities, when	2174
the whole or part of the consideration thereof is for money or	2175
other valuable thing won or lost, laid, staked, or betted at or	2176
upon a game of any kind, or upon a horse race or cockfights, sport	2177
or pastime, or on a wager, or for the repayment of money lent or	2178
advanced at the time of a game, play, or wager, for the purpose of	2179
being laid, betted, staked, or wagered, are void.	2180

(B) Sections 3763.01 to 3763.08 of the Revised Code do not	2181
apply to a charitable bingo game as defined in division (O) of	2182
section 2915.01 of the Revised Code or to any scheme or game of	2183
chance that is not subject to criminal penalties under section	2184
2915.02 of the Revised Code.	2185

Section 2.  That existing sections 109.32, 173.121, 1531.01,	2186
1711.09, 2915.01, 2915.02, 2915.04, 2915.05, 2915.07, 2915.08,	2187
2915.09, 2915.10, 2915.12, and 3763.01 of the Revised Code are	2188
hereby repealed.	2189

Section 3. The annual license fees prescribed by division	2190
(A)(1) of section 2915.08 of the Revised Code, as amended by this	2191
act, shall not be applied until one year after the effective date	2192
of this act. During that one-year period after the effective date	2193
of this act, the attorney general may, by rule adopted pursuant to	2194
section 111.15 of the Revised Code establish the license fees for	2195
the conduct of bingo, instant bingo at a bingo session, and	2196
instant bingo other than at a bingo session.	2197

Section 4. All applicants that apply for an initial	2198
distributor license under section 2915.081 of the Revised Code	2199
within sixty days after the effective date of this act may sell	2200
bingo supplies as authorized by section 2915.081 of the Revised	2201
Code without a license only until a determination is made by the	2202
attorney general either granting or denying the application for a	2203
license under section 2915.081 of the Revised Code.	2204

Section 5. All applicants that apply for an initial	2205
manufacturer's license under section 2915.082 of the Revised Code	2206
within sixty days after the effective date of this act may sell	2207
bingo supplies as authorized by section 2915.082 of the Revised	2208
Code without a license only until a determination is made by the	2209
attorney general either granting or denying the application for a	2210
license under section 2915.082 of the Revised Code.	2211

Section 6. Divisions (D) and (E)(4) of section 2915.081 of	2212
the Revised Code, as enacted by this act, prohibiting a	2213
distributor from being a lessor of premises used for the conduct	2214
of bingo or having any direct or indirect ownership interest in a	2215
premises used for the conduct of bingo, shall not be applied	2216
against any distributor until one year after the effective date of	2217
this act if the distributor possesses an interest in any premises	2218
used for the conduct of bingo on the effective date of this act.	2219

Section 7.  Division (A)(4) of section 2915.08 of the Revised	2220
Code shall not be applied until one year after the effective date	2221
of this act.	2222

Section 8.  On or before June 1, 2003, the Attorney General	2223
shall make written recommendations to the House Committee on State	2224
Government and the Senate Judiciary Committee on Civil Justice	2225
regarding the conduct of charitable fundraising authorized by this	2226
act.	2227

Section 9. Section 2915.09 of the Revised Code is presented	2228
in this act as a composite of the section as amended by both Am.	2229
Sub. S.B. 70 and Am. Sub. S.B. 2 of the 121st General Assembly.	2230
The General Assembly, applying the principle stated in division	2231
(B) of section 1.52 of the Revised Code that amendments are to be	2232
harmonized if reasonably capable of simultaneous operation, finds	2233
that the composite is the resulting version of the section in	2234
effect prior to the effective date of the section as presented in	2235
this act.	2236