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To amend sections 173.121, 1531.01, 1711.09, 2915.01, | 1 |
2915.02, 2915.05, 2915.07 to 2915.10, 2915.12, | 2 |
3763.01, 4301.03, and 4303.17 and to enact sections | 3 |
2915.081, 2915.082, 2915.091, and 2915.092 of the | 4 |
Revised Code to define "bingo" to include bingo, | 5 |
instant bingo, seal cards, punch boards, and | 6 |
raffles; to create a license that authorizes | 7 |
charitable organizations to conduct bingo, instant | 8 |
bingo, seal cards, and punch boards; to require the | 9 |
licensing of manufacturers and distributors of | 10 |
bingo supplies; to regulate the conduct of instant | 11 |
bingo and raffles; to authorize charitable | 12 |
organizations that hold D-4 and D-5 liquor permits | 13 |
to conduct certain types of bingo and serve beer or | 14 |
intoxicating liquor at the same time; to increase | 15 |
the amount that certain charitable organizations | 16 |
may retain from gross receipts as consideration for | 17 |
use of the premises; to allow fraternal, civic, and | 18 |
veteran's organizations to use 45% of the net | 19 |
profits generated from instant bingo; and to make | 20 |
other changes in the Charitable Gambling Law. | 21 |
Section 1. That sections 173.121, 1531.01, 1711.09, 2915.01, | 22 |
2915.02, 2915.05, 2915.07, 2915.08, 2915.09, 2915.10, 2915.12, | 23 |
3763.01, 4301.03, and 4303.17 be amended and sections 2915.081, | 24 |
2915.082, 2915.091, and 2915.092 of the Revised Code be enacted to | 25 |
read as follows: | 26 |
Sec. 173.121. (A) As used in this section, "bingo," "bingo | 27 |
game operator," and "participant" have the same meanings as in | 28 |
section 2915.01 of the Revised Code. | 29 |
(B) Notwithstanding sections 2915.07 to 2915.12 of the | 30 |
Revised Code, a multipurpose senior center may conduct bingo games | 31 |
described in division (S)(1) of section 2915.01 of the Revised | 32 |
Code, but only if it complies with all of the following | 33 |
requirements: | 34 |
(1) All bingo games are conducted only on the premises of | 35 |
the facility | 36 |
(2) All participants are sixty years of age or older | 37 |
(3) All bingo game operators are sixty years of age or older | 38 |
and receive no compensation for serving as operators | 39 |
(4) No participant is charged an admission fee, and no | 40 |
participant is charged more than twenty-five cents to purchase a | 41 |
bingo card
or
| 42 |
43 |
(5) All proceeds from games are used only for any of the | 44 |
following: | 45 |
(a) To pay winners monetary or nonmonetary prizes; | 46 |
(b) To provide refreshments; | 47 |
(c) To defray any costs directly related to conducting the | 48 |
games; | 49 |
(d) To defray costs of services the facility provides in | 50 |
accordance with section 173.12 of the Revised Code. | 51 |
Sec. 1531.01. As used in this chapter and Chapter 1533. of | 52 |
the Revised Code: | 53 |
(A) "Person" means individual, company, partnership, | 54 |
corporation, municipal corporation, association, or any | 55 |
combination of individuals, or any employee, agent, or officer | 56 |
thereof. | 57 |
(B) "Resident" means any individual who has resided in this | 58 |
state for not less than six months next preceding the date of | 59 |
making application for a license. | 60 |
(C) "Nonresident" means any individual who does not qualify | 61 |
as a resident. | 62 |
(D) "Division rule" or "rule" means any rule adopted by the | 63 |
chief of the division of wildlife under section 1531.10 of the | 64 |
Revised Code unless the context indicates otherwise. | 65 |
(E) "Closed season" means that period of time during which | 66 |
the taking of wild animals protected by this chapter and Chapter | 67 |
1533. of the Revised Code is prohibited. | 68 |
(F) "Open season" means that period of time during which the | 69 |
taking of wild animals protected by this chapter and Chapter 1533. | 70 |
of the Revised Code is permitted. | 71 |
(G) "Take or taking" includes pursuing, shooting, hunting, | 72 |
killing, trapping, angling, fishing with a trotline, or netting | 73 |
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 74 |
wild bird, or wild quadruped, and any lesser act, such as | 75 |
wounding, or placing, setting, drawing, or using any other device | 76 |
for killing or capturing any wild animal, whether it results in | 77 |
killing or capturing the animal or not. "Take or taking" includes | 78 |
every attempt to kill or capture and every act of assistance to | 79 |
any other person in killing or capturing or attempting to kill or | 80 |
capture a wild animal. | 81 |
(H) "Possession" means both actual and constructive | 82 |
possession and any control of things referred to. | 83 |
(I) "Bag limit" means the number, measurement, or weight of | 84 |
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 85 |
birds, and wild quadrupeds permitted to be taken. | 86 |
(J) "Transport and transportation" means carrying or moving | 87 |
or causing to be carried or moved. | 88 |
(K) "Sell and sale" means barter, exchange, or offer or | 89 |
expose for sale. | 90 |
(L) "Whole to include part" means that every provision | 91 |
relating to any wild animal protected by this chapter and Chapter | 92 |
1533. of the Revised Code applies to any part of the wild animal | 93 |
with the same effect as it applies to the whole. | 94 |
(M) "Angling" means fishing with not more than two hand | 95 |
lines, not more than two units of rod and line, or a combination | 96 |
of not more than one hand line and one rod and line, either in | 97 |
hand or under control at any time while fishing. The hand line or | 98 |
rod and line shall have attached to it not more than three baited | 99 |
hooks, not more than three artificial fly rod lures, or one | 100 |
artificial bait casting lure equipped with not more than three | 101 |
sets of three hooks each. | 102 |
(N) "Trotline" means a device for catching fish that consists | 103 |
of a line having suspended from it, at frequent intervals, | 104 |
vertical lines with hooks attached. | 105 |
(O) "Fish" means a cold-blooded vertebrate having fins. | 106 |
(P) "Measurement of fish" means length from the end of the | 107 |
nose to the longest tip or end of the tail. | 108 |
(Q) "Wild birds" includes game birds and nongame birds. | 109 |
(R) "Game" includes game birds, game quadrupeds, and | 110 |
fur-bearing animals. | 111 |
(S) "Game birds" includes mourning doves, ringneck pheasants, | 112 |
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 113 |
grouse, wild turkey, Hungarian partridge, Chukar partridge, | 114 |
woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 115 |
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 116 |
duck, geese, brant, and crows. | 117 |
(T) "Nongame birds" includes all other wild birds not | 118 |
included and defined as game birds. | 119 |
(U) "Wild quadrupeds" includes game quadrupeds and | 120 |
fur-bearing animals. | 121 |
(V) "Game quadrupeds" includes cottontail rabbits, gray | 122 |
squirrels, black squirrels, fox squirrels, red squirrels, flying | 123 |
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 124 |
wild boar, and black bears. | 125 |
(W) "Fur-bearing animals" includes minks, weasels, raccoons, | 126 |
skunks, opossums, muskrats, fox, beavers, badgers, otters, | 127 |
coyotes, and bobcats. | 128 |
(X) "Wild animals" includes mollusks, crustaceans, aquatic | 129 |
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 130 |
and all other wild mammals, but does not include domestic deer. | 131 |
(Y) "Hunting" means pursuing, shooting, killing, following | 132 |
after or on the trail of, lying in wait for, shooting at, or | 133 |
wounding wild birds or wild quadrupeds while employing any device | 134 |
commonly used to kill or wound wild birds or wild quadrupeds | 135 |
whether or not the acts result in killing or wounding. "Hunting" | 136 |
includes every attempt to kill or wound and every act of | 137 |
assistance to any other person in killing or wounding or | 138 |
attempting to kill or wound wild birds or wild quadrupeds. | 139 |
(Z) "Trapping" means securing or attempting to secure | 140 |
possession of a wild bird or wild quadruped by means of setting, | 141 |
placing, drawing, or using any device that is designed to close | 142 |
upon, hold fast, confine, or otherwise capture a wild bird or wild | 143 |
quadruped whether or not the means results in capture. "Trapping" | 144 |
includes every act of assistance to any other person in capturing | 145 |
wild birds or wild quadrupeds by means of the device whether or | 146 |
not the means results in capture. | 147 |
(AA) "Muskrat spear" means any device used in spearing | 148 |
muskrats. | 149 |
(BB) "Channels and passages" means those narrow bodies of | 150 |
water lying between islands or between an island and the mainland | 151 |
in Lake Erie. | 152 |
(CC) "Island" means a rock or land elevation above the waters | 153 |
of Lake Erie having an area of five or more acres above water. | 154 |
(DD) "Reef" means an elevation of rock, either broken or in | 155 |
place, or gravel shown by the latest United States chart to be | 156 |
above the common level of the surrounding bottom of the lake, | 157 |
other than the rock bottom, or in place forming the base or | 158 |
foundation rock of an island or mainland and sloping from the | 159 |
shore of it. "Reef" also means all elevations shown by that chart | 160 |
to be above the common level of the sloping base or foundation | 161 |
rock of an island or mainland, whether running from the shore of | 162 |
an island or parallel with the contour of the shore of an island | 163 |
or in any other way and whether formed by rock, broken or in | 164 |
place, or from gravel. | 165 |
(EE) "Fur farm" means any area used exclusively for raising | 166 |
fur-bearing animals or in addition thereto used for hunting game, | 167 |
the boundaries of which are plainly marked as such. | 168 |
(FF) "Waters" includes any lake, pond, reservoir, stream, | 169 |
channel, lagoon, or other body of water, or any part thereof, | 170 |
whether natural or artificial. | 171 |
(GG) "Crib" or "car" refers to that particular compartment of | 172 |
the net from which the fish are taken when the net is lifted. | 173 |
(HH) "Commercial fish" means those species of fish permitted | 174 |
to be taken, possessed, bought, or sold unless otherwise | 175 |
restricted by the Revised Code or division rule and are alewife | 176 |
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 177 |
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 178 |
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 179 |
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 180 |
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 181 |
catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 182 |
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 183 |
freshwater drum or sheepshead (Aplodinotus grunniens), gar | 184 |
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 185 |
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 186 |
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 187 |
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 188 |
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 189 |
than buffalo and quillback (Carpiodes sp., Catostomus sp., | 190 |
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 191 |
chrysops), white perch (Roccus americanus), and yellow perch | 192 |
(Perca flavescens). When the common name of a fish is used in | 193 |
this chapter or Chapter 1533. of the Revised Code, it refers to | 194 |
the fish designated by the scientific name in this definition. | 195 |
(II) "Fishing" means taking or attempting to take fish by any | 196 |
method, and all other acts such as placing, setting, drawing, or | 197 |
using any device commonly used to take fish whether resulting in a | 198 |
taking or not. | 199 |
(JJ) "Fillet" means the pieces of flesh taken or cut from | 200 |
both sides of a fish, joined to form one piece of flesh. | 201 |
(KK) "Part fillet" means a piece of flesh taken or cut from | 202 |
one side of a fish. | 203 |
(LL) "Round" when used in describing fish means with head and | 204 |
tail intact. | 205 |
(MM) "Migrate" means the transit or movement of fish to or | 206 |
from one place to another as a result of natural forces or | 207 |
instinct and includes, but is not limited to, movement of fish | 208 |
induced or caused by changes in the water flow. | 209 |
(NN) "Spreader bar" means a brail or rigid bar placed across | 210 |
the entire width of the back, at the top and bottom of the cars in | 211 |
all trap, crib, and fyke nets for the purpose of keeping the | 212 |
meshes hanging squarely while the nets are fishing. | 213 |
(OO) "Fishing guide" means any person who, for consideration | 214 |
or hire, operates a boat, rents, leases, or otherwise furnishes | 215 |
angling devices, ice fishing shanties or shelters of any kind, or | 216 |
other fishing equipment, and accompanies, guides, directs, or | 217 |
assists any other person in order for the other person to engage | 218 |
in fishing. | 219 |
(PP) "Net" means fishing devices with meshes composed of | 220 |
twine or synthetic material and includes, but is not limited to, | 221 |
trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 222 |
seines, except minnow seines and minnow dip nets. | 223 |
(QQ) "Commercial fishing gear" means seines, trap nets, fyke | 224 |
nets, dip nets, carp aprons, trotlines, other similar gear, and | 225 |
any boat used in conjunction with that gear, but does not include | 226 |
gill nets. | 227 |
(RR) "Native wildlife" means any species of the animal | 228 |
kingdom indigenous to this state. | 229 |
(SS) "Gill net" means a single section of fabric or netting | 230 |
seamed to a float line at the top and a lead line at the bottom, | 231 |
which is designed to entangle fish in the net openings as they | 232 |
swim into it. | 233 |
(TT) "Tag fishing tournament" means a contest in which a | 234 |
participant pays a fee, or gives other valuable consideration, for | 235 |
a chance to win a prize by virtue of catching a tagged or | 236 |
otherwise specifically marked fish within a limited period of | 237 |
time | 238 |
239 |
(UU) "Tenant" means an individual who resides on land for | 240 |
which the individual pays rent and whose annual income is | 241 |
primarily derived from agricultural production conducted on that | 242 |
land, as "agricultural production" is defined in section 929.01 of | 243 |
the Revised Code. | 244 |
(VV) "Nonnative wildlife" means any wild animal not | 245 |
indigenous to this state, but does not include domestic deer. | 246 |
(WW) "Reptiles" includes common musk turtle (sternotherus | 247 |
odoratus), common snapping turtle (Chelydra serpentina | 248 |
serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 249 |
(Terrapene carolina carolina), Blanding's turtle (Emydoidea | 250 |
blandingii), common map turtle (Graptemys geographica), ouachita | 251 |
map turtle (Graptemys pseudogeographica ouachitensis), midland | 252 |
painted turtle (Chrysemys picta marginata), red-eared slider | 253 |
(Trachemys scripta elegans), eastern spiny softshell turtle | 254 |
(Apalone spinifera spinifera), midland smooth softshell turtle | 255 |
(Apalone mutica mutica), northern fence lizard (Sceloporus | 256 |
undulatus hyacinthinus), ground skink (Scincella lateralis), | 257 |
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 258 |
laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 259 |
European wall lizard (Podarcis muralis), queen snake (Regina | 260 |
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 261 |
water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 262 |
(Nerodia sipedon insularum), copperbelly water snake (Nerodia | 263 |
erythrogaster neglecta), northern brown snake (Storeria dekayi | 264 |
dekayi), midland brown snake (Storeria dekayi wrightorum), | 265 |
northern redbelly snake (Storeria occipitomaculata | 266 |
occipitomaculata), eastern garter snake (Thamnophis sirtalis | 267 |
sirtalis), eastern plains garter snake (Thamnophis radix radix), | 268 |
Butler's garter snake (Thamnophis butleri), shorthead garter snake | 269 |
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 270 |
sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 271 |
septentrionalis), eastern hognose snake (Heterodon platirhinos), | 272 |
eastern smooth earth snake (Virginia valeriae valeriae), northern | 273 |
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 274 |
(Carphophis amoenus helenae), eastern worm snake (Carphophis | 275 |
amoenus amoenus), black racer (Coluber constrictor constrictor), | 276 |
blue racer (Coluber constrictor foxii), rough green snake | 277 |
(opheodrys aestivus), smooth green snake (opheodrys vernalis | 278 |
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 279 |
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 280 |
getula nigra), eastern milk snake (Lampropeltis triangulum | 281 |
triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 282 |
eastern massasauga (Sistrurus catenatus catenatus), and timber | 283 |
rattlesnake (Crotalus horridus horridus). | 284 |
(XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 285 |
alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 286 |
maculosus), red-spotted newt (Notophthalmus viridescens | 287 |
viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 288 |
spotted salamander (Ambystoma maculatum), blue-spotted salamander | 289 |
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 290 |
streamside salamander (Ambystoma barbouri), marbled salamander | 291 |
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 292 |
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 293 |
mountain dusky salamander (Desmognathus ochrophaeus), redback | 294 |
salamander (Plethodon cinereus), ravine salamander (Plethodon | 295 |
richmondi), northern slimy salamander (Plethodon glutinosus), | 296 |
Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 297 |
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 298 |
porphyriticus duryi), northern spring salamander (Gyrinophilus | 299 |
porphyriticus porphyriticus), mud salamander (Pseudotriton | 300 |
montanus), northern red salamander (Pseudotriton ruber ruber), | 301 |
green salamander (Aneides aeneus), northern two-lined salamander | 302 |
(Eurycea bislineata), longtail salamander (Eurycea longicauda | 303 |
longicauda), cave salamander (Eurycea lucifuga), southern | 304 |
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 305 |
woodhousii fowleri), American toad (Bufo americanus), eastern | 306 |
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 307 |
crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 308 |
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 309 |
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 310 |
triseriata), mountain chorus frog (Pseudacris brachyphona), | 311 |
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 312 |
northern leopard frog (Rana pipiens), pickerel frog (Rana | 313 |
palustris), southern leopard frog (Rana utricularia), and wood | 314 |
frog (Rana sylvatica). | 315 |
(YY) "Deer" means white-tailed deer (Oddocoileus | 316 |
virginianus). | 317 |
(ZZ) "Domestic deer" means nonnative deer that have been | 318 |
legally acquired or their offspring and that are held in private | 319 |
ownership for primarily agricultural purposes. | 320 |
Sec. 1711.09. Except as otherwise provided in this section, | 321 |
county agricultural societies, independent agricultural societies, | 322 |
and the Ohio expositions commission shall not permit during any | 323 |
fair, or for one week before or three days
| 324 |
fair, any dealing in spirituous liquors, or at any time allow or | 325 |
tolerate immoral shows, lottery devices, games of chance, or | 326 |
gambling of any kind, including pool selling and paddle wheels, | 327 |
anywhere on the fairground; and shall permit no person at any time | 328 |
to operate any side show, amusement, game, or device, or offer for | 329 |
sale any novelty by auction or solicitation, on
| 330 |
fairground who has not first obtained from the director of | 331 |
agriculture
| 332 |
of the Revised Code. This section does not prohibit the sale of | 333 |
lottery tickets by the state lottery commission pursuant to | 334 |
Chapter 3770. of the Revised Code at the state fairground during | 335 |
the state fair. In addition, a county or independent agricultural | 336 |
society may permit, at any time except during a fair or for one | 337 |
week
before or three days
| 338 |
organization to conduct in accordance with Chapter 2915. of the | 339 |
Revised Code
games of chance | 340 |
fairground of
a county with a population of
| 341 |
thousand or less. A charitable organization may lease all or part | 342 |
of the fairground from the agricultural society for that purpose. | 343 |
Any sales of intoxicating liquor transacted on the fairground | 344 |
shall be subject to Chapters 4301., 4303., and 4399. of the | 345 |
Revised Code. | 346 |
Any agricultural society that permits the sale of | 347 |
intoxicating liquor on its fairground shall apply any proceeds | 348 |
gained by
| 349 |
activities coincident to the sale of intoxicating liquor first to | 350 |
pay the
cost of insurance on all buildings on
| 351 |
and then for any other purpose authorized by law. | 352 |
Sec. 2915.01. As used in this chapter: | 353 |
(A) "Bookmaking" means the business of receiving or paying | 354 |
off bets. | 355 |
(B) "Bet" means the hazarding of anything of value upon the | 356 |
result of an event, undertaking, or contingency, but does not | 357 |
include a bona fide business risk. | 358 |
(C) "Scheme of chance" means a lottery, numbers game, pool, | 359 |
or other scheme in which a participant gives a valuable | 360 |
consideration for a chance to win a prize,but does not include | 361 |
bingo. | 362 |
(D) "Game of chance" means poker, craps, roulette, a slot | 363 |
machine,
| 364 |
anything of value in the hope of gain, the outcome of which is | 365 |
determined largely
| 366 |
bingo. | 367 |
(E)
" | 368 |
means
any
| 369 |
the
person who conducts or operates the
| 370 |
but
does not include
| 371 |
(F) "Gambling device" means any of the following: | 372 |
(1) A book, totalizer, or other equipment for recording | 373 |
bets; | 374 |
(2) A ticket, token, or other device representing a chance, | 375 |
share, or interest in a scheme of chance | 376 |
377 |
(3) A deck of cards, dice, gaming table, roulette wheel, | 378 |
slot machine,
| 379 |
connection with a game of chance; | 380 |
(4) Any equipment, device, apparatus, or paraphernalia | 381 |
specially designed for gambling purposes; | 382 |
(5) Bingo supplies sold or otherwise provided, or used, in | 383 |
violation of this chapter. | 384 |
(G) "Gambling offense" means any of the following: | 385 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 386 |
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, | 387 |
2915.092, 2915.10, or 2915.11 of the Revised Code; | 388 |
(2) A violation of an existing or former municipal ordinance | 389 |
or law of this or any other state or the United States | 390 |
substantially equivalent to any section listed in division (G)(1) | 391 |
of this section or a violation of section 2915.06 of the Revised | 392 |
Code as it existed prior to
| 393 |
July1, 1996; | 394 |
(3) An offense under an existing or former municipal | 395 |
ordinance or law of this or any other state or the United States, | 396 |
of which gambling is an element; | 397 |
(4) A conspiracy or attempt to commit, or complicity in | 398 |
committing, any offense under division (G)(1), (2), or (3) of this | 399 |
section. | 400 |
(H) "Charitable organization" means any tax exempt religious, | 401 |
educational, veteran's, fraternal, service, nonprofit medical, | 402 |
volunteer rescue service, volunteer
| 403 |
senior citizen's, youth athletic, amateur athletic, or youth | 404 |
athletic park organization. An organization is tax exempt if the | 405 |
organization is, and has received from the internal revenue | 406 |
service a determination letter that currently is in effect stating | 407 |
that the organization is, exempt from federal income taxation | 408 |
under subsection 501(a) and described in subsection 501(c)(3), | 409 |
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal | 410 |
Revenue Code. To qualify as a charitable organization, an | 411 |
organization, except a
volunteer rescue service or volunteer
| 412 |
413 | |
continuous existence as such in this state for a period of two | 414 |
years immediately preceding either the making of an application | 415 |
for a
| 416 |
the conducting of any
| 417 |
provided in division
| 418 |
Code. | 419 |
(I) "Religious organization" means any church, body of | 420 |
communicants, or group that is not organized or operated for | 421 |
profit and that gathers in common membership for regular worship | 422 |
and religious observances. | 423 |
(J) "Educational organization" means any organization within | 424 |
this state that is not organized for profit | 425 |
426 | |
in this division, "educational purposes" means to provide | 427 |
scholarships, to educate and develop the capabilities of | 428 |
individuals through instruction,
| 429 |
or
| 430 |
college, or university. | 431 |
(K) "Veteran's organization" means any individual post of a | 432 |
national veteran's association or an auxiliary unit of any | 433 |
individual post of a national veteran's association, which post or | 434 |
auxiliary unit has been incorporated as a nonprofit corporation | 435 |
for at least two years and has received a letter from the state | 436 |
headquarters of the national veteran's association indicating that | 437 |
the individual post or auxiliary unit is in good standing with the | 438 |
national veteran's association. As used in this division, | 439 |
"national veteran's association" means any veteran's association | 440 |
that has been in continuous existence as such for a period of at | 441 |
least
| 442 |
United States congress or has a national dues-paying membership of | 443 |
at least five thousand persons. | 444 |
(L)
"Volunteer
| 445 |
means any
organization of volunteer
| 446 |
defined in section 146.01 of the Revised Code, that is organized | 447 |
and operated exclusively to provide financial support for a | 448 |
volunteer fire department or a volunteer fire company. | 449 |
(M) "Fraternal organization" means any society, order, or | 450 |
association within this state, except a college or high school | 451 |
fraternity, that is not organized for profit, that is a branch, | 452 |
lodge, or chapter of a national or state organization, that exists | 453 |
exclusively for the common business or sodality of its members, | 454 |
and that has been in continuous existence in this state for a | 455 |
period of
| 456 |
state organization" means an organization that has been in | 457 |
continuous existence as such for a period of at least five years | 458 |
and that has a national or state dues-paying membership, as | 459 |
applicable. | 460 |
(N) "Volunteer rescue service organization" means any | 461 |
organization of volunteers organized to function as an emergency | 462 |
medical service organization, as defined in section 4765.01 of the | 463 |
Revised Code. | 464 |
(O) "Service organization" means any organization, not | 465 |
organized for profit, that is organized and operated exclusively | 466 |
to provide, or to contribute to the support of organizations or | 467 |
institutions organized and operated exclusively to provide, | 468 |
medical and therapeutic services for persons who are crippled, | 469 |
born with birth defects, or have any other mental or physical | 470 |
defect or those organized and operated exclusively to protect, or | 471 |
to contribute to the support of organizations or institutions | 472 |
organized and operated exclusively to protect, animals from | 473 |
inhumane treatment. | 474 |
(P) "Nonprofit medical organization" means any organization | 475 |
that has been incorporated as a nonprofit corporation for at least | 476 |
five years and that has continuously operated and will be operated | 477 |
exclusively to provide, or to contribute to the support of | 478 |
organizations or institutions organized and operated exclusively | 479 |
to provide, hospital, medical, research, or therapeutic services | 480 |
for the public. | 481 |
(Q) "Senior citizen's organization" means any private | 482 |
organization, not organized for profit, that is organized and | 483 |
operated exclusively to provide recreational or social services | 484 |
for persons who are fifty-five years of age or older and that is | 485 |
described and qualified under subsection 501(c)(3) of the Internal | 486 |
Revenue Code. | 487 |
(R) "Charitable bingo game" means any bingo game described in | 488 |
division (S)(1) or (2) of this section that is conducted by a | 489 |
charitable organization that has obtained a
| 490 |
to section 2915.08 of the Revised Code and the proceeds of which | 491 |
are used for a charitable purpose. | 492 |
(S) "Bingo" means either of the following: | 493 |
(1) A game with all of the following characteristics: | 494 |
(a) The participants use bingo cards or sheets that are | 495 |
divided into twenty-five spaces arranged in five horizontal and | 496 |
five vertical rows of spaces, with each space, except the central | 497 |
space, being designated by a combination of a letter and a number | 498 |
and with the central space being designated as a free space. | 499 |
(b) The participants cover the spaces on the bingo cards or | 500 |
sheets that correspond to combinations of letters and numbers that | 501 |
are announced by a bingo game operator. | 502 |
(c) A bingo game operator announces combinations of letters | 503 |
and numbers that appear on objects that a bingo game operator | 504 |
selects by chance, either manually or mechanically, from a | 505 |
receptacle that contains seventy-five objects at the beginning of | 506 |
each game, each object marked by a different combination of a | 507 |
letter and a number that corresponds to one of the seventy-five | 508 |
possible combinations of a letter and a number that can appear on | 509 |
the bingo cards or sheets. | 510 |
(d) The winner of the bingo game includes any participant | 511 |
who properly announces during the interval between the | 512 |
announcements of letters and numbers as described in division | 513 |
(S)(1)(c) of this section, that a predetermined and preannounced | 514 |
pattern of spaces has been covered on a bingo card or sheet being | 515 |
used by the participant. | 516 |
(2)
| 517 |
518 | |
519 |
| 520 |
521 | |
522 | |
523 | |
524 | |
525 | |
526 | |
527 | |
528 |
| 529 |
530 | |
531 | |
532 |
| 533 |
534 | |
535 | |
536 | |
537 | |
538 | |
539 |
| 540 |
541 | |
542 | |
543 | |
raffles. | 544 |
(T) "Conduct" means to back, promote, organize, manage, carry | 545 |
on, or prepare for the operation of
| 546 |
chance
| 547 |
548 |
(U) "Bingo game operator" means any person, except security | 549 |
personnel, who performs work or labor at the site of
| 550 |
including, but not limited to, collecting money from participants, | 551 |
handing out bingo cards or objects to cover spaces
on
| 552 |
cards, selecting from a receptacle the objects that contain the | 553 |
combination of letters and numbers that appear on
| 554 |
calling out the combinations of letters and numbers, distributing | 555 |
prizes
| 556 |
tickets or cards, including instant bingo tickets used in | 557 |
conjunction with a seal card, supervising the operation of a punch | 558 |
board, selling raffle tickets, selecting raffle tickets from a | 559 |
receptacle and announcing the winning numbers in a raffle, and | 560 |
preparing, selling, and serving food or beverages. | 561 |
(V)
"Participant" means any person who plays bingo
| 562 |
563 | |
564 | |
565 |
(W) "Bingo session" means a period, not to exceed five | 566 |
continuous hours, during which a person conducts one or more bingo | 567 |
games described in division (S)(1) of this section. | 568 |
(X) "Gross receipts" means all money or assets, including | 569 |
admission fees, that a person receives from
| 570 |
571 | |
prizes paid out
| 572 |
conducting
| 573 |
any money directly taken in from the sale of food or beverages by | 574 |
a charitable organization conducting
| 575 |
fide auxiliary unit or society of a charitable organization | 576 |
577 | |
bingo, provided all of the following apply: | 578 |
(1) The auxiliary unit or society has been in existence as a | 579 |
bona fide auxiliary unit or society of the charitable organization | 580 |
for at least two years prior to
| 581 |
(2) The person who purchases the food or beverage receives | 582 |
nothing of value except the food or beverage and items customarily | 583 |
received with the purchase of that food or beverage. | 584 |
(3) The food and beverages are sold at customary and | 585 |
reasonable prices. | 586 |
| 587 |
588 | |
589 | |
590 |
(Y) "Security personnel" includes any person who either is a | 591 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 592 |
constable, or member of an organized police department of a | 593 |
municipal corporation or has successfully completed a peace | 594 |
officer's training course pursuant to sections 109.71 to 109.79 of | 595 |
the Revised Code and who is hired to provide security for the | 596 |
premises on which
| 597 |
(Z)(1)
" | 598 |
purpose" means
that the
| 599 |
described in division (S)(1) of this section is used by, or given, | 600 |
donated, or otherwise transferred to, any of the following: | 601 |
(a) Any organization that is described in subsection | 602 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 603 |
and is either a governmental unit or an organization that is tax | 604 |
exempt under subsection 501(a) and described in subsection | 605 |
501(c)(3) of the Internal Revenue Code;
| 606 |
607 | |
608 |
(b)A veteran's organization | 609 |
610 | |
veterans, or an auxiliary unit or society of, or a trust or | 611 |
foundation for, any such post, chapter, or organization organized | 612 |
in the United States or any of its possessions, at least | 613 |
seventy-five per cent of the members of which are war veterans and | 614 |
substantially all of the other members of which are individuals | 615 |
who are veterans (but not war veterans) or are cadets, or are | 616 |
spouses, widows, or widowers of war veterans, or such individuals, | 617 |
provided that no part of the net earnings of such post or | 618 |
organization inures to the benefit of any private shareholder or | 619 |
individual, and further provided that
the
| 620 |
net profit is used by the post or organization for the charitable | 621 |
purposes set forth in division (B)(12) of section 5739.02 of the | 622 |
Revised Code,
| 623 |
attendance at an institution mentioned in division (B)(12) of | 624 |
section 5739.02 of the Revised Code,
| 625 |
governmental agency, or
| 626 |
activities, the purchase of United States or Ohio flags that are | 627 |
donated to schools, youth groups, or other bona fide nonprofit | 628 |
organizations, promotion of patriotism, or disaster relief;
| 629 |
630 | |
631 |
(c)A fraternal organization
that
| 632 |
633 | |
profit exclusively for religious, charitable, scientific, | 634 |
literary, or educational purposes, or for the prevention of | 635 |
cruelty to children or animals, and contributions for such use | 636 |
would qualify as a deductible charitable contribution under | 637 |
subsection 170 of
the Internal Revenue Code;
| 638 |
639 |
(d)A volunteer
| 640 |
641 | |
purposes set forth in division (L) of this section. | 642 |
(2)"Charitable purpose" also means that the net profit of | 643 |
bingo described in division (S)(2) of this section, whether or not | 644 |
played in conjunction with bingo described in division (S)(1) of | 645 |
this section, is used, or is given, donated, or otherwise | 646 |
transferred, in the following manner in the percentages indicated: | 647 |
(a) Not less than fifty-five per cent of the net profit is | 648 |
used for one or more of the charitable purposes listed in division | 649 |
(Z)(1) of this section; | 650 |
(b) Not more than forty-five per cent of the net profit is | 651 |
used by, or is given, donated, or otherwise transferred to, a | 652 |
charitable organization that is exempt from federal income | 653 |
taxation under subsection 501(a) and described in subsection | 654 |
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal | 655 |
Revenue Code. | 656 |
(AA) "Internal Revenue Code" means the "Internal Revenue Code | 657 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 658 |
amended. | 659 |
(BB) "Youth athletic organization" means any organization, | 660 |
not organized for profit, that is organized and operated | 661 |
exclusively to provide financial support to, or to operate, | 662 |
athletic activities for persons who are twenty-one years of age or | 663 |
younger by means of sponsoring, organizing, operating, or | 664 |
contributing to the support of an athletic team, club, league, or | 665 |
association. | 666 |
(CC) "Youth athletic park organization" means any | 667 |
organization, not organized for profit, that satisfies both of the | 668 |
following: | 669 |
(1) It owns, operates, and maintains playing fields that | 670 |
satisfy both of the following: | 671 |
(a) The playing fields are used at least one hundred days | 672 |
per year for athletic activities by one or more organizations, not | 673 |
organized for profit, each of which is organized and operated | 674 |
exclusively to provide financial support to, or to operate, | 675 |
athletic activities for persons who are eighteen years of age or | 676 |
younger by means of sponsoring, organizing, operating, or | 677 |
contributing to the support of an athletic team, club, league, or | 678 |
association. | 679 |
(b) The playing fields are not used for any profit-making | 680 |
activity at any time during the year. | 681 |
(2) It uses the proceeds of
| 682 |
exclusively for the operation, maintenance, and improvement of its | 683 |
playing fields of the type described in division (CC)(1) of this | 684 |
section. | 685 |
(DD) "Amateur athletic organization" means any organization, | 686 |
not organized for profit, that is organized and operated | 687 |
exclusively to provide financial support to, or to operate, | 688 |
athletic activities for persons who are training for amateur | 689 |
athletic competition that is sanctioned by a national governing | 690 |
body as defined in the "Amateur Sports Act of 1978," 90 Stat. | 691 |
3045, 36 U.S.C.A. 373. | 692 |
(EE)"Bingo supplies" means bingo cards or sheets, instant | 693 |
bingo tickets or cards, raffle tickets, punch boards, seal cards, | 694 |
instant bingo ticket dispensers, and devices for selecting or | 695 |
displaying the combination of bingo letters and numbers or raffle | 696 |
tickets. Items that are "bingo supplies" are not gambling devices | 697 |
if sold or otherwise provided, and used, in accordance with this | 698 |
chapter. | 699 |
(FF) "Instant bingo" means a form of bingo that uses folded | 700 |
or banded tickets or paper cards with perforated break-open tabs, | 701 |
a face of which is covered or otherwise hidden from view to | 702 |
conceal a number, letter, or symbol, or set of numbers, letters, | 703 |
or symbols, some of which have been designated in advance as prize | 704 |
winners. "Instant bingo" does not include any device activated by | 705 |
the insertion of a coin, currency, or an equivalent of either that | 706 |
contains as one of its components a video display monitor that is | 707 |
capable of displaying numbers, letters, symbols, or characters in | 708 |
winning or losing combinations. | 709 |
(GG) "Seal card" means a ticket or card used in conjunction | 710 |
with instant bingo tickets or cards that contains one or more | 711 |
seals that, when removed or opened, reveal predesignated winning | 712 |
numbers, letters, or symbols. | 713 |
(HH) "Raffle" means a form of bingo in which the one or more | 714 |
prizes are won by one or more persons who have purchased a raffle | 715 |
ticket. The one or more winners of the raffle are determined by | 716 |
drawing a ticket stub or other detachable section from a | 717 |
receptacle containing ticket stubs or detachable sections | 718 |
corresponding to all tickets sold for the raffle. | 719 |
(II) "Punch board" means a board containing a number of holes | 720 |
or receptacles of uniform size in which are placed, mechanically | 721 |
and randomly, serially numbered slips of paper that may be punched | 722 |
or drawn from the hole or receptacle when used in conjunction with | 723 |
instant bingo. A player may punch or draw the numbered slips of | 724 |
paper from the holes or receptacles and obtain the prize | 725 |
established for the game if the number drawn corresponds to a | 726 |
winning number or, if the punch board includes the use of a seal | 727 |
card, a potential winning number. | 728 |
(JJ) "Gross profit" means gross receipts minus the amount | 729 |
actually expended for the payment of prize awards. | 730 |
(KK) "Net profit" means gross profit minus expenses. | 731 |
(LL) "Expenses" means the reasonable amount of gross profit | 732 |
actually expended for all of the following: | 733 |
(1) The purchase or lease of bingo supplies; | 734 |
(2) The annual license fee required under section 2915.08 of | 735 |
the Revised Code; | 736 |
(3) Bank fees and service charges for a bingo session or game | 737 |
account described in section 2915.10 of the Revised Code; | 738 |
(4) Audits and accounting services; | 739 |
(5) Safes; | 740 |
(6) Cash registers; | 741 |
(7) Hiring security peronnel; | 742 |
(8) Advertising bingo; | 743 |
(9) Renting premises in which to conduct bingo; | 744 |
(10) Any other product or service directly related to the | 745 |
conduct of bingo that is authorized in rules adopted by the | 746 |
attorney general under division (B)(1) of section 2915.08 of the | 747 |
Revised Code. | 748 |
(MM) "Person" has the same meaning as in section 1.59 of the | 749 |
Revised Code and includes any firm or any other legal entity, | 750 |
however organized. | 751 |
(NN) "Revoke" means to void permanently all rights and | 752 |
privileges of the holder of a license issued under section | 753 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 754 |
gaming license issued by another jurisdiction. | 755 |
(OO) "Suspend" means to interrupt temporarily all rights and | 756 |
privileges of the holder of a license issued under section | 757 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 758 |
gaming license issued by another jurisdiction. | 759 |
(PP) "Distributor" means any person who purchases or obtains | 760 |
bingo supplies and who sells, offers for sale, or otherwise | 761 |
provides or offers to provide the bingo supplies to another person | 762 |
for use in this state. | 763 |
(QQ) "Manufacturer" means any person who assembles completed | 764 |
bingo supplies from raw materials, other items, or subparts or who | 765 |
modifies, converts, adds to, or removes parts from bingo supplies | 766 |
to further their promotion or sale. | 767 |
(RR) "Gross annual revenues" means the annual gross receipts | 768 |
derived from the conduct of bingo described in division (S)(1) of | 769 |
this section plus the annual net profit derived from the conduct | 770 |
of bingo described in division (S)(2) of this section. | 771 |
(SS) "Instant bingo ticket dispenser" means a mechanical | 772 |
device that dispenses an instant bingo ticket or card as the sole | 773 |
item of value dispensed and that has or may have the following | 774 |
characteristics: | 775 |
(1) It is activated upon the insertion of United States | 776 |
currency. | 777 |
(2) It performs no gaming functions. | 778 |
(3) It does not contain a video display monitor. | 779 |
(4) It is not capable of displaying any numbers, letters, | 780 |
symbols, or characters in winning or losing combinations. | 781 |
(5) It does not simulate or display rolling or spinning | 782 |
reels. | 783 |
(6) It is incapable of determining whether a dispensed | 784 |
bingo ticket or card is a winning or nonwinning ticket or card. | 785 |
(7) It may provide accounting and security features to aid | 786 |
in accounting for the instant bingo tickets or cards it dispenses. | 787 |
Sec. 2915.02. (A) No person shall do any of the following: | 788 |
(1) Engage in bookmaking, or knowingly engage in conduct | 789 |
that facilitates bookmaking; | 790 |
(2) Establish, promote, or operate or knowingly engage in | 791 |
conduct that facilitates any
| 792 |
for profit or any scheme of chance; | 793 |
(3) Knowingly procure, transmit, exchange, or engage in | 794 |
conduct that facilitates the procurement, transmission, or | 795 |
exchange of information for use in establishing odds or | 796 |
determining winners in connection with bookmaking or with any | 797 |
798 | |
chance; | 799 |
(4) Engage in betting or in playing any scheme or game of | 800 |
chance | 801 |
income or livelihood; | 802 |
(5) With purpose to violate division (A)(1), (2), (3), or | 803 |
(4) of this section, acquire, possess, control, or operate any | 804 |
gambling device. | 805 |
(B) For purposes of division (A)(1) of this section, a | 806 |
person facilitates bookmaking if the person in any way knowingly | 807 |
aids an illegal bookmaking operation, including, without | 808 |
limitation, placing a bet with a person engaged in or facilitating | 809 |
illegal bookmaking. For purposes of division (A)(2) of this | 810 |
section, a
person facilitates a
| 811 |
for profit or a scheme of chance if the person in any way | 812 |
knowingly aids in
the conduct or
operation of any such
| 813 |
game or scheme, including, without limitation, playing any such | 814 |
815 |
(C) This section does not prohibit conduct in connection | 816 |
with gambling expressly permitted by law. | 817 |
(D) This section does not apply to any of the following: | 818 |
(1)
| 819 |
820 | |
821 | |
822 | |
823 | |
824 | |
825 | |
826 | |
827 | |
828 | |
829 | |
830 | |
831 | |
832 | |
833 | |
834 |
| 835 |
(a) The games of chance are not craps for money, roulette | 836 |
for money, or slot machines | 837 |
(b) The games of chance are conducted by a charitable | 838 |
organization that is, and has received from the internal revenue | 839 |
service a determination letter that is currently in effect, | 840 |
stating that the organization is, exempt from federal income | 841 |
taxation under subsection 501(a) and described in subsection | 842 |
501(c)(3) of the Internal Revenue Code | 843 |
(c) The games of chance are conducted at festivals of the | 844 |
charitable organization that are conducted either for a period of | 845 |
four consecutive days or less and not more than twice a year or | 846 |
for a period of five consecutive days not more than once a year, | 847 |
and are conducted on premises owned by the charitable organization | 848 |
for a period of no less than one year immediately preceding the | 849 |
conducting of the games of chance, on premises leased from a | 850 |
governmental unit, or on premises that are leased from a veteran's | 851 |
or fraternal organization and that have been owned by the lessor | 852 |
veteran's or fraternal organization for a period of no less than | 853 |
one year immediately preceding the conducting of the games of | 854 |
chance. | 855 |
A charitable organization shall not lease premises from a | 856 |
veteran's or fraternal organization to conduct a festival | 857 |
described in
division (D) | 858 |
veteran's or fraternal organization already has leased the | 859 |
premises four times during the preceding year to charitable | 860 |
organizations for that purpose. If a charitable organization | 861 |
leases premises from a veteran's or fraternal organization to | 862 |
conduct a festival
described in division (D) | 863 |
section, the charitable organization shall not pay a rental rate | 864 |
for the premises per day of the festival that exceeds the rental | 865 |
rate per bingo session that a charitable organization may pay | 866 |
under division
| 867 |
when it leases premises from another charitable organization to | 868 |
conduct bingo games. | 869 |
(d) All of the money or assets received from the games of | 870 |
chance after deduction only of prizes paid out during the conduct | 871 |
of the games of chance are used by, or given, donated, or | 872 |
otherwise transferred to, any organization that is described in | 873 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 874 |
Revenue Code and is either a governmental unit or an organization | 875 |
that is tax exempt under subsection 501(a) and described in | 876 |
subsection 501(c)(3) of the Internal Revenue Code; | 877 |
(e) The games of chance are not conducted during, or within | 878 |
ten hours of, a bingo game conducted for amusement purposes only | 879 |
pursuant to section 2915.12 of the Revised Code. | 880 |
No person shall receive any commission, wage, salary, reward, | 881 |
tip, donation, gratuity, or other form of compensation, directly | 882 |
or indirectly, for operating or assisting in the operation of any | 883 |
884 |
| 885 |
issued under section 1533.92 of the Revised Code, as "tag fishing | 886 |
tournament" is defined in section 1531.01 of the Revised Code; | 887 |
(3) Bingo conducted by a charitable organization that holds | 888 |
a license issued under section 2915.08 of the Revised Code. | 889 |
(E) Division (D) of this section shall not be construed to | 890 |
authorize the sale, lease, or other temporary or permanent | 891 |
transfer of the right to conduct
| 892 |
chance, as granted by
that division
| 893 |
charitable organization that is granted that right. | 894 |
(F) Whoever violates this section is guilty of gambling, a | 895 |
misdemeanor of the first degree. If the offender previously has | 896 |
been convicted of any gambling offense, gambling is a felony of | 897 |
the fifth degree. | 898 |
Sec. 2915.05. (A) No person, with purpose to defraud or | 899 |
knowing that the person is facilitating a fraud, shall engage in | 900 |
conduct designed to corrupt the outcome of any of the following: | 901 |
(1) The subject of a bet; | 902 |
(2) A contest of knowledge, skill, or endurance that is not | 903 |
an athletic or sporting event; | 904 |
(3) A scheme or game of chance; | 905 |
(4) Bingo. | 906 |
(B) No person shall knowingly do any of the following: | 907 |
(1) Offer, give, solicit, or accept anything of value to | 908 |
corrupt the outcome of an athletic or sporting event; | 909 |
(2) Engage in conduct designed to corrupt the outcome of an | 910 |
athletic or sporting event. | 911 |
(C)(1) Whoever violates division (A) of this section is | 912 |
guilty of cheating | 913 |
division, cheating is a misdemeanor of the first degree. If the | 914 |
potential gain from the cheating is five hundred dollars or more | 915 |
or if the offender previously has been convicted of any gambling | 916 |
offense or of any theft offense, as defined in section 2913.01 of | 917 |
the Revised Code, cheating is a felony of the fifth degree. | 918 |
(2) Whoever violates division (B) of this section is guilty | 919 |
of corrupting sports. Corrupting sports is a felony of the fifth | 920 |
degree on a first offense and a felony of the fourth degree on | 921 |
each subsequent offense. | 922 |
Sec. 2915.07. (A) No person, except a charitable | 923 |
organization that has
obtained a
| 924 |
2915.08 of the Revised
Code,
shall conduct or advertise
| 925 |
926 | |
organization conducts or advertises. | 927 |
(B) Whoever violates this section is guilty of conducting
| 928 |
illegal
bingo
| 929 |
Sec. 2915.08. (A)(1) Annually before the first day of | 930 |
January, a charitable organization that desires to conduct bingo | 931 |
932 | |
form to be furnished by the attorney general for that purpose, an | 933 |
application for a license to conduct bingo and deliver that | 934 |
application to the attorney general together with a license fee
| 935 |
936 |
(a) Two hundred
fifty dollars
| 937 |
organization whose gross annual revenues are three hundred | 938 |
thousand dollars or less; | 939 |
(b) Five hundred dollars for a charitable organization whose | 940 |
gross annual revenues exceed three hundred thousand dollars but do | 941 |
not exceed six hundred thousand dollars; | 942 |
(c) One thousand dollars for a charitable organization whose | 943 |
gross annual revenues exceed six hundred thousand dollars but do | 944 |
not exceed one million dollars; | 945 |
(d) Two thousand dollars for a charitable organization whose | 946 |
gross annual revenues exceed one million dollars; | 947 |
(e) A reduced license fee established by the attorney | 948 |
general pursuant to division (G) of this section.
| 949 |
(2) The application shall be in the form prescribed by the | 950 |
attorney
general
| 951 |
applicant | 952 |
| 953 |
| 954 |
| 955 |
organization and that it has been in continuous existence as a | 956 |
charitable organization in this state for two years immediately | 957 |
preceding the making of the application or for five years in the | 958 |
case of a
| 959 |
organization; | 960 |
| 961 |
962 | |
the principal place of business of the applicant is located, the | 963 |
days
of the week and the times on each of those days
when
| 964 |
965 | |
or subleases the premises, and a copy of the rental agreement if | 966 |
it leases or subleases the premises; | 967 |
| 968 |
record, and association that is sufficient to establish that the | 969 |
applicant is a charitable organization, and a copy of a | 970 |
determination letter that is issued by the Internal Revenue | 971 |
Service and states that the organization is tax exempt under | 972 |
subsection 501(a) and described in subsection 501(c)(3), | 973 |
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal | 974 |
Revenue Code; | 975 |
| 976 |
any previous application refused, whether it previously has had a | 977 |
license revoked or suspended, and the reason stated by the | 978 |
attorney general for the refusal, revocation, or suspension; | 979 |
| 980 |
which the
| 981 |
| 982 |
attorney general may require by rule adopted pursuant to section | 983 |
111.15 of the Revised Code; | 984 |
| 985 |
section 109.23 of the Revised Code, a statement as to whether it | 986 |
has registered with the attorney general pursuant to section | 987 |
109.26 of the Revised Code or filed annual reports pursuant to | 988 |
section 109.31 of the Revised Code, and, if it is not required to | 989 |
do either, the exemption in section 109.26 or 109.31 of the | 990 |
Revised Code that applies to it; | 991 |
| 992 |
defined in section 1716.01 of the Revised Code, a statement as to | 993 |
whether it has filed with the attorney general a registration | 994 |
statement pursuant to section 1716.02 of the Revised Code and a | 995 |
financial report pursuant to section 1716.04 of the Revised Code, | 996 |
and, if it is not required to do both, the exemption in section | 997 |
1716.03 of the Revised Code that applies to it; | 998 |
| 999 |
youth athletic park organization
| 1000 |
1001 | |
vested with authority under Chapter 755. of the Revised Code for | 1002 |
the supervision and maintenance of recreation facilities in the | 1003 |
territory in which the organization is located, certifying that | 1004 |
the playing fields owned by the organization were used for at | 1005 |
least one hundred days during the year in which the statement is | 1006 |
issued, and were open for use to all residents of that territory, | 1007 |
regardless of race, color, creed, religion, sex, or national | 1008 |
origin, for athletic activities by youth athletic
organizations | 1009 |
1010 | |
1011 | |
religion, sex, or national origin, and that the fields were not | 1012 |
used for any profit-making activity at any time during the year. | 1013 |
That type of board or body is authorized to issue the statement | 1014 |
upon request and shall issue the statement if it finds that the | 1015 |
applicant's playing fields were so used. | 1016 |
(3) The attorney general, within thirty days after receiving | 1017 |
a timely filed application from a charitable organization that has | 1018 |
been issued a
| 1019 |
expired and has not been revoked or suspended, shall send a | 1020 |
temporary permit to the applicant specifying the date on which the | 1021 |
application was filed with the attorney general and stating that, | 1022 |
pursuant to section 119.06 of the Revised Code, the applicant may | 1023 |
continue to conduct
bingo
| 1024 |
if the application is rejected, until fifteen days after notice of | 1025 |
the rejection is mailed to the applicant. The temporary permit | 1026 |
does not affect the validity of the applicant's application and | 1027 |
does not grant any rights to the applicant except those rights | 1028 |
specifically granted in section 119.06 of the Revised Code. The | 1029 |
issuance of a temporary permit by the attorney general pursuant to | 1030 |
this
| 1031 |
from rejecting the applicant's application because of acts that | 1032 |
the applicant committed, or actions that the applicant failed to | 1033 |
take, before or after the issuance of the temporary permit. | 1034 |
(B)(1) The attorney general shall adopt rules to enforce | 1035 |
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised | 1036 |
Code to ensure that bingo
| 1037 |
with
those sections | 1038 |
conduct
of
bingo
| 1039 |
to
| 1040 |
be adopted pursuant to Chapter 119. of the Revised Code. The | 1041 |
attorney general shall license charitable organizations to conduct | 1042 |
bingo
| 1043 |
licensing provisions of Chapter 119. of the Revised Code. | 1044 |
(2) The attorney general may refuse to grant a
| 1045 |
to any organization, or revoke or suspend the license of any | 1046 |
organization, that does any of the following or to which any of | 1047 |
the following applies: | 1048 |
(a) Fails or has failed at any time to meet any requirement | 1049 |
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 1050 |
2915.11 of the Revised Code, or violates or has violated any | 1051 |
provision of sections 2915.02 or 2915.07 to 2915.12 of the Revised | 1052 |
Code or any rule adopted by the attorney general pursuant to this | 1053 |
section; | 1054 |
(b) Makes or has made an incorrect or false statement that | 1055 |
is material to the granting of the license in an application filed | 1056 |
pursuant to division (A) of this section; | 1057 |
(c) Submits or has submitted any incorrect or false | 1058 |
information relating to an application if the information is | 1059 |
material to the granting of the license; | 1060 |
(d) Maintains or has maintained any incorrect or false | 1061 |
information that is material to the granting of the license in the | 1062 |
records required to be kept pursuant to
| 1063 |
(C) of section 2915.10 of the Revised Code, if applicable; | 1064 |
(e) The attorney general has good cause to believe that the | 1065 |
organization will
not
conduct
| 1066 |
sections
| 1067 |
with any rule adopted by the attorney general pursuant to this | 1068 |
section. | 1069 |
(3) For the purposes of
| 1070 |
any action of an officer, trustee, agent, representative, or bingo | 1071 |
game operator of an organization is an action of the organization. | 1072 |
(C) The attorney general may grant
| 1073 |
charitable organizations that are branches, lodges, or chapters of | 1074 |
national charitable organizations. | 1075 |
(D) The attorney general shall send notice in writing to the | 1076 |
prosecuting attorney and sheriff of the county in which the | 1077 |
organization will conduct
| 1078 |
application for a license or amended license, and to any other law | 1079 |
enforcement agency in that county that so requests, of all of the | 1080 |
following: | 1081 |
(1) The issuance of the license; | 1082 |
(2) The issuance of the amended license; | 1083 |
(3) The rejection of an application for and refusal to grant | 1084 |
a license; | 1085 |
(4) The revocation of any license previously issued; | 1086 |
(5) The suspension of any license previously issued. | 1087 |
(E) A
| 1088 |
forth the information contained on the application of the | 1089 |
charitable organization that the attorney general determines is | 1090 |
relevant, including, but not limited to, the location at which the | 1091 |
organization will conduct
| 1092 |
and the times on each of those days when
| 1093 |
conducted. If the attorney general refuses to grant or revokes or | 1094 |
suspends a
| 1095 |
applicant in writing and specifically identify the reason for the | 1096 |
refusal, revocation, or suspension in narrative form and, if | 1097 |
applicable, by identifying the section of the Revised Code | 1098 |
violated. The failure of the attorney general to give the written | 1099 |
notice of the reasons for the refusal, revocation, or suspension | 1100 |
or a mistake in the written notice does not affect the validity of | 1101 |
the attorney general's refusal to grant, or the revocation or | 1102 |
suspension of, a
| 1103 |
give the written notice or if there is a mistake in the written | 1104 |
notice, the applicant may bring an action to compel the attorney | 1105 |
general to comply with this division or to correct the mistake, | 1106 |
but the attorney general's order refusing to grant, or revoking or | 1107 |
suspending, a
| 1108 |
pendency of the action. | 1109 |
(F) A charitable organization that has been issued a
| 1110 |
license pursuant to division (B) of this section but that cannot | 1111 |
conduct bingo
| 1112 |
or the time, specified on the license due to circumstances beyond | 1113 |
its control may apply, without charge, in writing to the attorney | 1114 |
general for an amended
| 1115 |
describe in detail the causes making it impossible for the | 1116 |
organization to conduct
| 1117 |
license and shall indicate the location, days of the week, and | 1118 |
times on each of those days when it desires to conduct
| 1119 |
1120 | |
amended license, the attorney general shall issue the amended | 1121 |
license in accordance with division (E) of this section, and the | 1122 |
organization shall surrender its original license to the attorney | 1123 |
general. The attorney general shall refuse to grant an | 1124 |
application for an amended
| 1125 |
division (B) of this section. | 1126 |
(G) The attorney general, by rule adopted pursuant to | 1127 |
section 111.15 of the Revised Code, shall establish a schedule of | 1128 |
reduced license fees for charitable organizations that desire to | 1129 |
conduct bingo
| 1130 |
calendar year. | 1131 |
(H)A charitable organization that has been issued a license | 1132 |
under this section may request the attorney general to provide it | 1133 |
with an explanation of a particular provision of this chapter, or | 1134 |
of Chapter 4301. or 4303. of the Revised Code, that pertains to | 1135 |
the attorney general's authority and potential enforcement actions | 1136 |
under that provision. If the attorney general receives a request | 1137 |
under this division for such an explanation, the attorney general | 1138 |
shall provide the explanation verbally or in writing to the | 1139 |
charitable organization that requested it. | 1140 |
Sec. 2915.081. (A) No distributor shall sell, offer to sell, | 1141 |
or otherwise provide or offer to provide bingo supplies to another | 1142 |
person for use in this state without having obtained a license | 1143 |
from the attorney general under this section. | 1144 |
(B) The attorney general may issue a distributor license to | 1145 |
any person that meets the requirements of this section. The | 1146 |
application for the license shall be on a form prescribed by the | 1147 |
attorney general and be accompanied by the annual fee prescribed | 1148 |
by this section. The license is valid for a period of one year, | 1149 |
and the annual fee for the license is two thousand five hundred | 1150 |
dollars. | 1151 |
(C) The attorney general may refuse to issue a distributor | 1152 |
license to any person to which any of the following applies, or to | 1153 |
any person that has an officer, partner, or other person who has | 1154 |
an ownership interest of ten per cent or more and to whom any of | 1155 |
the following applies: | 1156 |
(1) The person, officer, or partner has been convicted of a | 1157 |
felony under the laws of this state, another state, or the United | 1158 |
States. | 1159 |
(2) The person, officer, or partner has been convicted of any | 1160 |
gambling offense. | 1161 |
(3) The person, officer, or partner has made an incorrect or | 1162 |
false statement that is material to the granting of a license in | 1163 |
an application submitted to the attorney general under this | 1164 |
section or in a similar application submitted to a gambling | 1165 |
licensing authority in another jurisdiction if the statement | 1166 |
resulted in license revocation through administrative action in | 1167 |
the other jurisdiction. | 1168 |
(4) The person, officer, or partner has submitted any | 1169 |
incorrect or false information relating to the application to the | 1170 |
attorney general under this section, if the information is | 1171 |
material to the granting of the license. | 1172 |
(5) The person, officer, or partner has failed to correct any | 1173 |
incorrect or false information that is material to the granting of | 1174 |
the license in the records required to be maintained under | 1175 |
division (E) of section 2915.10 of the Revised Code. | 1176 |
(6) The person, officer, or partner has had a license related | 1177 |
to gambling revoked or suspended under the laws of this state, | 1178 |
another state, or the United States. | 1179 |
(D) The attorney general shall not issue a distributor | 1180 |
license to any person that is involved in the conduct of bingo on | 1181 |
behalf of a charitable organization or that is a lessor of | 1182 |
premises used for the conduct of bingo. | 1183 |
(E)(1) No distributor shall sell, offer to sell, or otherwise | 1184 |
provide or offer to provide bingo supplies to any person for use | 1185 |
in this state except to a charitable organization that has been | 1186 |
issued a license under section 2915.08 of the Revised Code or to | 1187 |
another distributor that has been issued a license under this | 1188 |
section. Except as otherwise provided in division (E)(1) of this | 1189 |
section, no distributor shall accept payment for the sale or other | 1190 |
provision of bingo supplies other than by check. | 1191 |
A supplying distributor must receive a payment by check not | 1192 |
later than forty-five days after the date the supplying | 1193 |
distributor ships bingo supplies to a charitable organization or | 1194 |
other distributor. If a charitable organization or other | 1195 |
distributor fails to pay a supplying distributor within that | 1196 |
period, the supplying distributor shall notify the attorney | 1197 |
general. The attorney general then shall notify all distributors | 1198 |
that, until further notice, the delinquent charitable organization | 1199 |
or delinquent distributor shall purchase or lease bingo supplies | 1200 |
from them only by payment by certified check or money order. | 1201 |
(2) No distributor shall provide a charitable organization | 1202 |
with free samples of instant bingo tickets or cards, punch boards, | 1203 |
or seal cards. | 1204 |
(3) No distributor shall purchase bingo supplies for use in | 1205 |
this state from any person except from a manufacturer issued a | 1206 |
license under section 2915.082 of the Revised Code or from another | 1207 |
distributor issued a license under this section. Except as | 1208 |
otherwise provided in division (E)(3) of this section, no | 1209 |
distributor shall pay for purchased bingo supplies other than by | 1210 |
check. | 1211 |
A supplying manufacturer or distributor must receive a | 1212 |
payment by check not later than forty-five days after the date the | 1213 |
supplying manufacturer or distributor ships bingo supplies to a | 1214 |
purchasing distributor. If a purchasing distributor fails to pay | 1215 |
a supplying manufacturer or distributor within that period, the | 1216 |
supplying manufacturer or distributor shall notify the attorney | 1217 |
general. The attorney general then shall notify all manufacturers | 1218 |
and distributors that, until further notice, the delinquent | 1219 |
distributor shall purchase bingo supplies from them only by cash | 1220 |
payment by certified check or money order. | 1221 |
(F) The attorney general may suspend or revoke a distributor | 1222 |
license for any of the reasons for which the attorney general may | 1223 |
refuse to issue a distributor license specified in division (C) of | 1224 |
this section or if the distributor holding the license violates | 1225 |
any provision of this chapter or any rule adopted by the attorney | 1226 |
general under this chapter. | 1227 |
(G) Whoever violates division (A) or (E) of this section is | 1228 |
guilty of illegally operating as a distributor. Except as | 1229 |
otherwise provided in this division, illegally operating as a | 1230 |
distributor is a misdemeanor of the first degree. If the offender | 1231 |
previously has been convicted of a violation of division (A) or | 1232 |
(E) of this section, illegally operating as a distributor is a | 1233 |
felony of the fifth degree. | 1234 |
Sec. 2915.082. (A) No manufacturer shall sell, offer to | 1235 |
sell, or otherwise provide or offer to provide bingo supplies for | 1236 |
use in this state without having obtained a license from the | 1237 |
attorney general under this section. | 1238 |
(B) The attorney general may issue a manufacturer license to | 1239 |
any person that meets the requirements of this section. The | 1240 |
application for the license shall be on a form prescribed by the | 1241 |
attorney general and be accompanied by the annual fee prescribed | 1242 |
by this section. The license is valid for a period of one year, | 1243 |
and the annual fee for the license is two thousand five hundred | 1244 |
dollars. | 1245 |
(C) The attorney general may refuse to issue a manufacturer | 1246 |
license to any person to which any of the following applies, or to | 1247 |
any person that has an officer, partner, or other person who has | 1248 |
an ownership interest of ten per cent or more and to whom any of | 1249 |
the following applies: | 1250 |
(1) The person, officer, or partner has been convicted of a | 1251 |
felony under the laws of this state, another state, or the United | 1252 |
States. | 1253 |
(2) The person, officer, or partner has been convicted of any | 1254 |
gambling offense. | 1255 |
(3) The person, officer, or partner has made an incorrect or | 1256 |
false statement that is material to the granting of a license in | 1257 |
an application submitted to the attorney general under this | 1258 |
section or in a similar application submitted to a gambling | 1259 |
licensing authority in another jurisdiction if the statement | 1260 |
resulted in license revocation through administrative action in | 1261 |
the other jurisdiction. | 1262 |
(4) The person, officer, or partner has submitted any | 1263 |
incorrect or false information relating to the application to the | 1264 |
attorney general under this section, if the information is | 1265 |
material to the granting of the license. | 1266 |
(5) The person, officer, or partner has failed to correct any | 1267 |
incorrect or false information that is material to the granting of | 1268 |
the license in the records required to be maintained under | 1269 |
division (F) of section 2915.10 of the Revised Code. | 1270 |
(6) The person, officer, or partner has had a license related | 1271 |
to gambling revoked or suspended under the laws of this state, | 1272 |
another state, or the United States. | 1273 |
(D) No manufacturer shall sell, offer to sell, or otherwise | 1274 |
provide or offer to provide bingo supplies to any person for use | 1275 |
in this state except to a distributor that has been issued a | 1276 |
license under section 2915.081 of the Revised Code. Except as | 1277 |
otherwise provided in this division, no manufacturer shall accept | 1278 |
payment for the sale of bingo supplies other than by check. | 1279 |
A manufacturer must receive a payment by check not later than | 1280 |
forty-five days after the date the manufacturer ships the bingo | 1281 |
supplies to a distributor. If the distributor fails to pay the | 1282 |
manufacturer within that period, the manufacturer shall notify the | 1283 |
attorney general. The attorney general then shall notify all | 1284 |
manufacturers that, until further notice, the delinquent | 1285 |
distributor shall purchase bingo supplies from them only by | 1286 |
payment by certified check or money order. | 1287 |
(E) The attorney general may suspend or revoke a manufacturer | 1288 |
license for any of the reasons for which the attorney general may | 1289 |
refuse to issue a manufacturer license specified in division (C) | 1290 |
of this section or if the manufacturer holding the license | 1291 |
violates any provision of this chapter or any rule adopted by the | 1292 |
attorney general under this chapter. | 1293 |
(F) Whoever violates division (A) or (D) of this section is | 1294 |
guilty of illegally operating as a manufacturer. Except as | 1295 |
otherwise provided in this division, illegally operating as a | 1296 |
manufacturer is a misdemeanor of the first degree. If the | 1297 |
offender previously has been convicted of a violation of division | 1298 |
(A) or (D) of this section, illegally operating as a manufacturer | 1299 |
is a felony of the fifth degree. | 1300 |
Sec. 2915.09. (A)
| 1301 |
1302 |
(1) Own all of the equipment used to conduct
| 1303 |
or lease that equipment from a charitable organization that is | 1304 |
licensed to conduct
| 1305 |
more than is customary and reasonable for that equipment; | 1306 |
(2) Use all of the gross receipts from
| 1307 |
paying prizes,
for
| 1308 |
1309 | |
for purchasing or leasing bingo
| 1310 |
used in conducting
| 1311 |
1312 | |
other expenses listed in division (LL) of section 2915.01 of the | 1313 |
Revised Code, provided that the amount of the receipts so spent is | 1314 |
not more than is customary and reasonable for a similar purchase, | 1315 |
lease, hiring,
| 1316 |
1317 | |
building in which
| 1318 |
charitable
organization
conducting
| 1319 |
a form of bingo described in division (S)(1) of section 2915.01 of | 1320 |
the Revised Code, the charitable organization may deduct from the | 1321 |
total amount of the gross receipts from each session a sum equal | 1322 |
to the lesser of six hundred dollars or forty-five per cent of the | 1323 |
gross receipts from
the
| 1324 |
as consideration for
the use of the premises | 1325 |
organization conducts bingo described in division (S)(2) of | 1326 |
section 2915.01 of the Revised Code, but not simultaneously with | 1327 |
any bingo described in division (S)(1) of that section, it may | 1328 |
deduct a sum of no more than five per cent of the gross receipts | 1329 |
as consideration for the use of the premises. | 1330 |
(3)
| 1331 |
of the net profit derived from bingo for a charitable purpose | 1332 |
listed in its license application and described in division (Z) of | 1333 |
section 2915.01 of the Revised Code. | 1334 |
(B) No charitable organization that conducts a bingo game | 1335 |
described in division (S)(1) of section 2915.01 of the Revised | 1336 |
Code shall fail to do any of the following: | 1337 |
(1) Conduct the bingo game on premises that are owned by the | 1338 |
charitable organization, on premises that are owned by another | 1339 |
charitable organization and leased from that charitable | 1340 |
organization for a rental rate not in excess of
| 1341 |
six hundred
| 1342 |
of the gross receipts of the bingo session, on premises that are | 1343 |
leased from a person other than a charitable organization for a | 1344 |
rental rate that is not more than is customary and reasonable for | 1345 |
premises that are similar in location, size, and quality but not | 1346 |
in excess of four hundred fifty dollars per bingo session, or on | 1347 |
premises that are owned by a person other than a charitable | 1348 |
organization, that are leased from that person by another | 1349 |
charitable organization, and that are subleased from that other | 1350 |
charitable organization by the charitable organization for a | 1351 |
rental rate not in excess of four hundred fifty dollars per bingo | 1352 |
session. If the charitable organization leases from a person | 1353 |
other than a charitable organization the premises on which it | 1354 |
conducts bingo
| 1355 |
provide only the premises to the organization and shall not | 1356 |
provide the organization with bingo game operators, security | 1357 |
personnel,
concessions or
concession operators, bingo
| 1358 |
supplies, or any other type of service or equipment. A charitable | 1359 |
organization shall not lease or sublease premises that it owns or | 1360 |
leases to more than one other charitable organization per calendar | 1361 |
week for the purpose
of
conducting bingo
| 1362 |
premises. A person that is not a charitable organization shall | 1363 |
not lease premises that it owns, leases, or otherwise is empowered | 1364 |
to lease to more than one charitable organization per calendar | 1365 |
week for conducting bingo
| 1366 |
case shall more than two bingo sessions be conducted on any | 1367 |
premises in any calendar week. | 1368 |
| 1369 |
1370 |
| 1371 |
definition of bingo set forth in division (S)(1) of section | 1372 |
2915.01 of the Revised Code. | 1373 |
| 1374 |
game described in division (S)(1) of section 2915.01 of the | 1375 |
Revised
Code shall
| 1376 |
(1) Pay any compensation to a bingo game operator for | 1377 |
operating a bingo
| 1378 |
organization or for preparing, selling, or serving food or | 1379 |
beverages at the site of the bingo
| 1380 |
auxiliary unit or society of the charitable organization to pay | 1381 |
compensation to any bingo game operator who prepares, sells, or | 1382 |
serves food or beverages at a bingo session conducted by the | 1383 |
charitable organization, or permit any auxiliary unit or society | 1384 |
of the charitable organization to prepare, sell, or serve food or | 1385 |
beverages at a bingo session conducted by the charitable | 1386 |
organization, if the auxiliary unit or society pays any | 1387 |
compensation to the bingo game operators who prepare, sell, or | 1388 |
serve the food or beverages; | 1389 |
(2) Pay consulting fees to any person for any services | 1390 |
performed in relation to the bingo
| 1391 |
(3) Pay concession fees to any person who provides | 1392 |
refreshments to the participants in the bingo
| 1393 |
(4)
| 1394 |
of this section, conduct more than two bingo sessions in any | 1395 |
seven-day
period.
| 1396 |
firefighter's organization or a volunteer rescue service | 1397 |
organization that conducts not more than five bingo sessions in a | 1398 |
calendar year may conduct more than two bingo sessions in a | 1399 |
seven-day period after notifying the attorney general when it will | 1400 |
conduct the
sessions | 1401 |
(5) Pay out more than three thousand five hundred dollars in | 1402 |
prizes during any bingo session that is conducted by the | 1403 |
charitable organization; | 1404 |
(6) Conduct a bingo session at any time during the ten-hour | 1405 |
period between midnight and ten a.m., at any time during, or | 1406 |
within ten hours of, a bingo game conducted for amusement only | 1407 |
pursuant to section 2915.12 of the Revised Code,
at any
| 1408 |
premises not specified on its
| 1409 |
week or
during any time period not specified on its
| 1410 |
If circumstances beyond its control make it impossible for the | 1411 |
charitable organization to conduct a bingo session at the
| 1412 |
premises specified on its
| 1413 |
organization wants to conduct bingo sessions on a day of the week | 1414 |
or at a time
other than the day or time specified on its
| 1415 |
license, the charitable organization may apply in writing to the | 1416 |
attorney
general for an amended
| 1417 |
division (F) of section 2915.08 of the Revised Code. A charitable | 1418 |
organization
may apply
| 1419 |
an amended license to conduct bingo sessions on a day of the week | 1420 |
or at a
time other than the day or time specified on its
| 1421 |
license. If the amended license is granted, the organization may | 1422 |
conduct
bingo
sessions at the
| 1423 |
week, and at the time specified on its amended license. | 1424 |
(7) Permit any person whom the charitable organization | 1425 |
knows, or should have known, is under the age of eighteen to work | 1426 |
as a bingo game operator; | 1427 |
(8) Permit any person whom the charitable organization | 1428 |
knows, or should have known, has been convicted of a felony or | 1429 |
gambling offense in any jurisdiction to be a bingo game operator; | 1430 |
(9) Permit the lessor of the premises on which the bingo | 1431 |
session is conducted, if the lessor is not a charitable | 1432 |
organization, to provide the charitable organization with bingo | 1433 |
game operators,
security personnel, concessions, bingo
| 1434 |
supplies, or any other type of service or equipment; | 1435 |
(10) Purchase or lease bingo supplies from any person | 1436 |
except a distributor issued a license under section 2915.081 of | 1437 |
the Revised Code. | 1438 |
| 1439 |
charitable organization shall provide to a bingo game operator, | 1440 |
and no
bingo game operator shall
| 1441 |
commission, wage, salary, reward, tip, donation, gratuity, or | 1442 |
other form of compensation, directly or indirectly, regardless of | 1443 |
the source, for
| 1444 |
other work or
labor at the site of
| 1445 |
does not prohibit an employee of a fraternal organization or | 1446 |
veteran's organization from selling instant bingo tickets or cards | 1447 |
to the organization's members, as long as no portion of the | 1448 |
employee's compensation is paid from any receipts of bingo. | 1449 |
| 1450 |
section, a charitable organization that, prior to December 6, | 1451 |
1977, has entered into written agreements for the lease of | 1452 |
premises it owns to another charitable organization or other | 1453 |
charitable organizations for the conducting of bingo sessions so | 1454 |
that more than two bingo sessions are conducted per calendar week | 1455 |
on the premises, and a person that is not a charitable | 1456 |
organization and that, prior to December 6, 1977, has entered into | 1457 |
written agreements for the lease of premises it owns to charitable | 1458 |
organizations for the conducting of more than two bingo sessions | 1459 |
per calendar week on the premises, may continue to lease the | 1460 |
premises to those charitable organizations, provided that no more | 1461 |
than four sessions are conducted per calendar week, that the | 1462 |
lessor organization or person has notified the attorney general in | 1463 |
writing of the organizations that will conduct the sessions and | 1464 |
the days of the week and the times of the day on which the | 1465 |
sessions will be conducted, that the initial lease entered into | 1466 |
with each organization that will conduct the sessions was filed | 1467 |
with the attorney general prior to December 6, 1977, and that each | 1468 |
organization that will conduct the sessions was issued a license | 1469 |
to conduct bingo games by the attorney general prior to December | 1470 |
6, 1977. | 1471 |
| 1472 |
guilty of illegally conducting a bingo game, a felony of the | 1473 |
fourth degree.
| 1474 |
division, whoever violates division (A)(1) | 1475 |
(B)(1), (2),or(3),
| 1476 |
minor misdemeanor. If the offender previously has been convicted | 1477 |
of a
violation of division (A)(1) | 1478 |
(2),or(3),
| 1479 |
division
(A)(1) | 1480 |
or(D) of this section is a misdemeanor of the first degree. | 1481 |
Sec. 2915.091. (A)(1) No charitable organization that | 1482 |
conducts instant bingo shall fail to comply with division (A) of | 1483 |
section 2915.09 of the Revised Code. | 1484 |
(2) No charitable organization that conducts instant bingo | 1485 |
shall permit any person whom the charitable organization knows or | 1486 |
should have known has been convicted of a felony or gambling | 1487 |
offense in any jurisdiction to be a bingo game operator in the | 1488 |
conduct of instant bingo. | 1489 |
(3) No charitable organization that conducts instant bingo, | 1490 |
seal card or punch board games, or a raffle shall purchase or | 1491 |
lease supplies used to conduct instant bingo, seal card or punch | 1492 |
board games, or the raffle from any person except a distributor | 1493 |
that has been issued a license under section 2915.081 of the | 1494 |
Revised Code. | 1495 |
(4) A charitable organization may purchase or lease, and may | 1496 |
use, instant bingo ticket dispensers to sell instant bingo tickets | 1497 |
or cards. | 1498 |
(B) A charitable organization may conduct instant bingo other | 1499 |
than at a bingo session. | 1500 |
(C) The attorney general may adopt rules in accordance with | 1501 |
Chapter 119. of the Revised Code that govern the conduct of | 1502 |
instant bingo by charitable organizations. Before those rules | 1503 |
are adopted, the attorney general shall reference the recommended | 1504 |
standards for opacity, randomization, minimum information, winner | 1505 |
protection, color, and cutting for instant bingo tickets or cards, | 1506 |
seal cards, and punch boards established by the North American | 1507 |
gaming regulators association. No rule shall prohibit or limit | 1508 |
the legal conduct of instant bingo by, or the number of instant | 1509 |
bingo games being conducted by, charitable organizations. | 1510 |
(D) Whoever violates division (A)(1), (2), or (3) of this | 1511 |
section or a rule adopted under division (C) of this section is | 1512 |
guilty of illegal instant bingo conduct. Except as otherwise | 1513 |
provided in this division, illegal instant bingo conduct is a | 1514 |
misdemeanor of the first degree. If the offender previously has | 1515 |
been convicted of a violation of division (A)(1), (2), or (3) of | 1516 |
this section or of such a rule, illegal instant bingo conduct is a | 1517 |
felony of the fifth degree. | 1518 |
Sec. 2915.092. (A) A charitable organization does not need a | 1519 |
license to conduct bingo, in order to conduct a raffle drawing on | 1520 |
the premises it uses for its charitable programs. | 1521 |
(B) No person shall conduct a raffle drawing for a charitable | 1522 |
organization on premises other than premises that the charitable | 1523 |
organization uses for its charitable programs or fail to use, or | 1524 |
give, donate, or otherwise transfer, the net profit from a raffle | 1525 |
for a charitable purpose described in division (Z)(2) of section | 1526 |
2915.01 of the Revised Code. | 1527 |
(C) Whoever violates division (B) of this section is guilty | 1528 |
of illegal conduct of a raffle. Except as otherwise provided in | 1529 |
this division, illegal conduct of a raffle is a misdemeanor of the | 1530 |
first degree. If the offender previously has been convicted of a | 1531 |
violation of division (B) of this section, illegal conduct of a | 1532 |
raffle is a felony of the fifth degree. | 1533 |
Sec. 2915.10. (A)
| 1534 |
1535 | |
division (D) of section 2915.02 of the Revised Code, shall fail to | 1536 |
maintain the following records for at least three years from the | 1537 |
date on which
the bingo
| 1538 |
conducted: | 1539 |
(1) An itemized list of the gross receipts of each bingo | 1540 |
session
| 1541 |
each raffle, each punch board game, each seal card game, and each | 1542 |
game of chance; | 1543 |
(2) An itemized list of all expenses, other than prizes, | 1544 |
that are incurred in conducting
| 1545 |
by serial number, the name of each person to whom the expenses are | 1546 |
paid, and a receipt for all of the expenses; | 1547 |
(3) A list of all prizes awarded during
| 1548 |
session
| 1549 |
seal card game, and each game of chance conducted by the | 1550 |
charitable organization,the total prizes awarded from each game | 1551 |
of instant
bingo by serial number, and the name
| 1552 |
social security number of all persons who are winners of prizes of | 1553 |
1554 |
(4) An itemized list of the charitable recipients of the | 1555 |
1556 | |
chance, including the name and address of each recipient to whom | 1557 |
the money is distributed, and if the organization uses the | 1558 |
1559 | |
received
from a
| 1560 |
purpose set forth in division (Z) of section 2915.01 or division | 1561 |
(D) of section 2915.02 of the Revised Code, a list of each purpose | 1562 |
and an itemized list of each expenditure for each purpose; | 1563 |
(5) The number of persons who participate in any bingo | 1564 |
session
| 1565 |
charitable organization; | 1566 |
(6) A list of receipts from the sale of food and beverages | 1567 |
by the charitable organization or one of its auxiliary units or | 1568 |
societies, if the receipts were excluded from
| 1569 |
1570 | |
Revised Code; | 1571 |
(7) An itemized list of all expenses incurred at each bingo | 1572 |
session,each raffle, each punch board game, each seal card game, | 1573 |
or each game of instant bingo by serial number conducted by the | 1574 |
charitable organization in the sale of food and beverages by the | 1575 |
charitable organization or by an auxiliary unit or society of the | 1576 |
charitable organization, the name of each person to whom the | 1577 |
expenses are paid, and a receipt for all of the expenses. | 1578 |
(B) The gross profit from each bingo session or game | 1579 |
described in division (S)(1) or (2) of section 2915.01 of the | 1580 |
Revised Code shall be deposited into a checking account devoted | 1581 |
exclusively to the bingo session or game. Payments for allowable | 1582 |
expenses incurred in conducting the bingo session or game and | 1583 |
payments to charitable recipients of some or all of the net profit | 1584 |
of the bingo session or game shall be made only by checks drawn on | 1585 |
the bingo session or game account. | 1586 |
(C) Each charitable organization shall conduct and record an | 1587 |
inventory of all of its bingo supplies as of the first day of | 1588 |
November of each year. | 1589 |
(D) The attorney general may adopt rules in accordance with | 1590 |
Chapter 119. of the Revised Code that establish standards of | 1591 |
accounting, record keeping, and reporting to ensure that gross | 1592 |
receipts from bingo or games of chance are properly accounted for. | 1593 |
(E) A distributor shall maintain, for a period of three years | 1594 |
after the date of its sale or other provision, a record of each | 1595 |
instance of its selling or otherwise providing to another person | 1596 |
bingo supplies for use in this state. The record shall include | 1597 |
all of the following for each instance: | 1598 |
(1) The name of the manufacturer from which the distributor | 1599 |
purchased the bingo supplies and the date of the purchase; | 1600 |
(2) The name and address of the charitable organization or | 1601 |
other distributor to which the bingo supplies were sold or | 1602 |
otherwise provided; | 1603 |
(3) A description that clearly identifies the bingo supplies; | 1604 |
(4) Invoices that include the serial numbers of all instant | 1605 |
bingo tickets or cards sold or otherwise provided to each | 1606 |
charitable organization. | 1607 |
(F) A manufacturer shall maintain, for a period of three | 1608 |
years after the date of its sale or other provision, a record of | 1609 |
each instance of its selling or otherwise providing bingo supplies | 1610 |
for use in this state. The record shall include all of the | 1611 |
following for each instance: | 1612 |
(1) The name and address of the distributor to whom the bingo | 1613 |
supplies were sold or otherwise provided; | 1614 |
(2) A description that clearly identifies the bingo supplies; | 1615 |
(3) Invoices that include the serial numbers of all instant | 1616 |
bingo tickets or cards sold or otherwise provided to each | 1617 |
distributor. | 1618 |
(G) The attorney general | 1619 |
agency | 1620 |
(1) Investigate any charitable organization or any officer, | 1621 |
agent, trustee, member, or employee of the organization; | 1622 |
(2) Examine the accounts and records of the organization; | 1623 |
(3) Conduct inspections, audits, and observations of bingo | 1624 |
1625 |
(4) Conduct inspections of the premises where bingo
| 1626 |
1627 |
(5) Take any other necessary and reasonable action to | 1628 |
determine if a violation of any provision of sections 2915.01 | 1629 |
1630 | |
and to determine whether section 2915.11 of the Revised Code has | 1631 |
been complied with. | 1632 |
If any local law enforcement agency has reasonable grounds to | 1633 |
believe that a charitable organization or an officer, agent, | 1634 |
trustee, member, or employee of the organization has violated any | 1635 |
provision of this chapter, the local law enforcement agency may | 1636 |
proceed by action in the proper court to enforce this chapter, | 1637 |
provided that the local law enforcement agency shall give written | 1638 |
notice to the attorney general when commencing an action as | 1639 |
described in this division. | 1640 |
| 1641 |
deny access to any accounts or records of a charitable | 1642 |
organization that have been requested for examination, or | 1643 |
obstruct, impede, or interfere with any inspection, audit, or | 1644 |
observation of
| 1645 |
premises where
| 1646 |
1647 | |
request of, or obstruct, impede, or interfere with any other | 1648 |
reasonable action undertaken by, the attorney general or a local | 1649 |
law enforcement
agency pursuant to division
| 1650 |
section. | 1651 |
| 1652 |
section is guilty of a misdemeanor of the first degree. | 1653 |
Sec. 2915.12. Sections 2915.07 to 2915.11 of the Revised | 1654 |
Code do not apply to bingo games that are conducted for the | 1655 |
purpose of amusement only. A bingo game is conducted for the | 1656 |
purpose of amusement only if it complies with all of the | 1657 |
requirements specified in either division (A) or (B) of this | 1658 |
section: | 1659 |
(A)(1) The participants do not pay any money or any other | 1660 |
thing of value including an admission fee, or any fee for bingo | 1661 |
cards | 1662 |
used in playing bingo, for the privilege of participating in the | 1663 |
bingo game, or to defray any costs of the game, or pay tips or | 1664 |
make donations during or immediately before or after the bingo | 1665 |
game | 1666 |
(2) All prizes awarded during the course of the game are | 1667 |
nonmonetary, and in the form of merchandise, goods, or | 1668 |
entitlements to goods or services only, and the total value of all | 1669 |
prizes awarded during the game is less than one hundred
dollars | 1670 |
(3) No commission, wages, salary, reward, tip, donation, | 1671 |
gratuity, or other form of compensation, either directly or | 1672 |
indirectly, and regardless of the source, is paid to any bingo | 1673 |
game operator for work or labor performed at the site of the bingo | 1674 |
game | 1675 |
(4) The bingo game is not conducted either during or within | 1676 |
ten hours of any of the following: | 1677 |
(a) A bingo session during which a charitable bingo game is | 1678 |
conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 1679 |
Code; | 1680 |
(b) A scheme or game of chance
| 1681 |
1682 | |
(S)(2) of section 2915.01 of the Revised Code. | 1683 |
(5) The number of players participating in the bingo game | 1684 |
does not exceed fifty. | 1685 |
(B)(1) The participants do not pay money or any other thing | 1686 |
of value as an admission fee, and no participant is charged more | 1687 |
than twenty-five cents to purchase a bingo card | 1688 |
to
cover the spaces, or other devices used in playing
bingo | 1689 |
(2) The total amount of money paid by all of the | 1690 |
participants for bingo cards | 1691 |
spaces, or other devices used in playing bingo does not exceed one | 1692 |
hundred
dollars | 1693 |
(3) All of the money paid for bingo cards | 1694 |
objects to cover spaces, or other devices used in playing bingo | 1695 |
1696 | |
and to
provide
refreshments | 1697 |
(4) The total value of all prizes awarded during the game | 1698 |
does not exceed one hundred dollars | 1699 |
(5) No commission, wages, salary, reward, tip, donation, | 1700 |
gratuity, or other form of compensation, either directly or | 1701 |
indirectly, and regardless of the source, is paid to any bingo | 1702 |
game operator for work or labor performed at the site of the bingo | 1703 |
game | 1704 |
(6) The bingo game is not conducted during or within ten | 1705 |
hours of either of the following: | 1706 |
(a) A bingo session during which a charitable bingo game is | 1707 |
conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 1708 |
Code; | 1709 |
(b) A scheme of chance or game of chance
| 1710 |
1711 | |
division (S)(2) of section 2915.01 of the Revised Code. | 1712 |
(7) All of the participants reside at the premises where the | 1713 |
bingo game is conducted | 1714 |
(8) The bingo games are conducted on different days of the | 1715 |
week and not more than twice in a calendar week. | 1716 |
(C) The attorney general | 1717 |
agency | 1718 |
purportedly is conducted for purposes of amusement only if there | 1719 |
is reason to believe that the purported amusement bingo game does | 1720 |
not comply with the requirements of either division (A) or (B) of | 1721 |
this section. A local law enforcement agency may proceed by | 1722 |
action in the proper court to enforce this section if the local | 1723 |
law enforcement agency gives written notice to the attorney | 1724 |
general when commencing the action. | 1725 |
Sec. 3763.01. (A) All promises, agreements, notes, bills, | 1726 |
bonds, or other contracts, mortgages, or other securities, when | 1727 |
the whole or part of the consideration thereof is for money or | 1728 |
other valuable thing won or lost, laid, staked, or betted at or | 1729 |
upon a game of any kind, or upon a horse race or cockfights, sport | 1730 |
or pastime, or on a wager, or for the repayment of money lent or | 1731 |
advanced at the time of a game, play, or wager, for the purpose of | 1732 |
being laid, betted, staked, or wagered, are void. | 1733 |
(B) Sections 3763.01 to 3763.08 of the Revised Code do not | 1734 |
apply to
| 1735 |
section 2915.01 of the Revised Code or to any
| 1736 |
chance that is not subject to criminal penalties under section | 1737 |
2915.02 of the Revised Code. | 1738 |
Sec. 4301.03. The liquor control commission may adopt and | 1739 |
promulgate, repeal, rescind, and amend, in the manner required by | 1740 |
this section, rules, standards, requirements, and orders necessary | 1741 |
to carry out Chapters 4301. and 4303. of the Revised Code, but all | 1742 |
rules of the board of liquor control which were in effect | 1743 |
immediately prior to April 17, 1963, shall remain in full force | 1744 |
and effect as rules of the liquor control commission until and | 1745 |
unless amended or repealed by the liquor control commission. The | 1746 |
rules of the commission may include the following: | 1747 |
(A) Rules with reference to applications for and the | 1748 |
issuance of permits for the manufacture, distribution, | 1749 |
transportation, and sale of beer and intoxicating liquor, and the | 1750 |
sale of alcohol; and rules governing the procedure of the division | 1751 |
of liquor control in the suspension, revocation, and cancellation | 1752 |
of
| 1753 |
(B) Rules and orders providing in detail for the conduct of | 1754 |
any retail business authorized under permits issued pursuant to | 1755 |
1756 | |
those chapters and laws relative
| 1757 |
maintenance of public decency, sobriety, and good order in any | 1758 |
place licensed under
| 1759 |
prohibit the sale of lottery tickets issued pursuant to Chapter | 1760 |
3770. of the Revised Code by any retail business authorized under | 1761 |
permits issued
pursuant to
| 1762 |
No rule or order shall prohibit pari-mutuel wagering on | 1763 |
simulcast horse races at a satellite facility that has been issued | 1764 |
a D liquor permit under Chapter 4303. of the Revised Code. No | 1765 |
rule or order shall prohibit a charitable organization that holds | 1766 |
a D-4 orD-5 permit from selling or serving beer or intoxicating | 1767 |
liquor under its permit in a portion of its premises merely | 1768 |
because that portion of its premises is
used
| 1769 |
1770 | |
(S)(2) of section
2915.01 of the Revised Code.
| 1771 |
1772 | |
1773 | |
1774 | |
1775 | |
this division,
"charitable organization"
| 1776 |
1777 | |
have the same
| 1778 |
1779 | |
visibility into the premises of a permit holder after the legal | 1780 |
hours of sale shall be adopted or maintained by the commission. | 1781 |
(C) Standards, not in conflict with those prescribed by any | 1782 |
law of this state or the United States, to secure the use of | 1783 |
proper ingredients and methods in the manufacture of beer, malt | 1784 |
liquor, mixed beverages, and wine to be sold within this state; | 1785 |
(D) Rules determining the nature, form, and capacity of all | 1786 |
packages and bottles to be used for containing beer or | 1787 |
intoxicating liquor except for spirituous liquor to be kept or | 1788 |
sold, governing the form of all seals and labels to be used | 1789 |
1790 | |
every package, bottle, and container to state the ingredients in | 1791 |
the contents and, except on malt beverages, the terms of weight, | 1792 |
volume, or proof spirits, and whether the same is beer, wine, | 1793 |
alcohol, or any intoxicating liquor except for spirituous liquor; | 1794 |
(E) Uniform rules governing all advertising with reference | 1795 |
to the sale of beer and intoxicating liquor throughout the state | 1796 |
and advertising upon and in the premises licensed for the sale of | 1797 |
beer or intoxicating liquor; | 1798 |
(F) Rules restricting and placing conditions upon the | 1799 |
transfer of permits; | 1800 |
(G) Rules and orders limiting the number of permits of any | 1801 |
class within the state or within any political subdivision of the | 1802 |
state; and, for
| 1803 |
classifications of persons or establishments to which any | 1804 |
authorized class of
permits
may be issued within any
| 1805 |
political subdivision; | 1806 |
(H) Rules and orders with reference to sales of beer and | 1807 |
intoxicating liquor on Sundays and holidays and with reference to | 1808 |
the hours of the day during which and the persons to whom | 1809 |
intoxicating liquor of any class may be sold, and rules with | 1810 |
reference to the manner of sale; | 1811 |
(I) Rules requiring permit holders buying beer and malt | 1812 |
beverages to pay, and permit holders selling beer and malt | 1813 |
beverages to collect, minimum cash deposits for kegs, cases, | 1814 |
bottles, or other returnable containers of
| 1815 |
beverages; requiring the repayment, or credit therefor, of
| 1816 |
the minimum cash deposit charges upon the return of
| 1817 |
containers | 1818 |
or such other conditions with respect to the charging, collection, | 1819 |
and repayment of minimum cash deposit charges for returnable | 1820 |
containers of beer or malt beverages as are necessary to ensure | 1821 |
the return of
| 1822 |
their return of the minimum cash deposits paid
| 1823 |
(J) Rules establishing the method by which alcohol products | 1824 |
may be imported for sale by wholesale distributors and the method | 1825 |
by which manufacturers and suppliers may sell alcohol products to | 1826 |
wholesale distributors. | 1827 |
Every rule, standard, requirement, or order of the | 1828 |
commission, and every repeal, amendment, or rescission
| 1829 |
them shall be posted for public inspection in the principal office | 1830 |
of the commission and the principal office of the division of | 1831 |
liquor
control, and a certified copy
| 1832 |
filed in the office of the secretary of state. An order applying | 1833 |
only to
persons
named
| 1834 |
affected by personal delivery of a certified copy, or by mailing | 1835 |
1836 | |
in the case of
a corporation, to
any officer or agent
| 1837 |
the corporation upon whom a service of summons may be served in a | 1838 |
civil action. The posting and filing required by this section | 1839 |
constitutes sufficient notice
to all persons affected by
| 1840 |
rule or order
| 1841 |
rules of the commission promulgated pursuant to this section shall | 1842 |
be published in
| 1843 |
Sec. 4303.17. Permit D-4 may be issued to a club which has | 1844 |
been in existence for three years or more prior to the issuance of | 1845 |
1846 | |
members only, in glass or container, for consumption on the | 1847 |
premises where sold. The fee for this permit is three hundred | 1848 |
seventy-five dollars. No such permit shall be granted or retained | 1849 |
until all elected officers of
| 1850 |
1851 | |
statement
certifying that
| 1852 |
interest of the membership of a reputable organization, which is | 1853 |
maintained by a dues paying membership, setting forth the amount | 1854 |
of initiation fee and yearly dues. All such matters shall be | 1855 |
contained in a statement signed under oath and accompanied by a | 1856 |
surety bond in
the sum of one thousand
dollars.
| 1857 |
shall be declared forfeited in the full amount of the penal sum of | 1858 |
the bond for any
false statement
contained in
| 1859 |
certificate, and the surety shall pay the amount of the bond to | 1860 |
the division. The roster of membership of a D-4 permit holder | 1861 |
shall be submitted under oath on the request of the superintendent | 1862 |
of liquor control. Any information acquired by the superintendent | 1863 |
or the division
with
respect to
| 1864 |
open to public inspection or examination and may be divulged by | 1865 |
the superintendent and the division only in hearings before the | 1866 |
liquor control commission or in a court action in which the | 1867 |
division or the superintendent is named a party. | 1868 |
The requirement that a club shall have been in existence for | 1869 |
three years in order to qualify for a D-4 permit does not apply to | 1870 |
units of organizations chartered by congress or to a subsidiary | 1871 |
unit of a national fraternal organization if the parent | 1872 |
organization has been in existence for three years or more at the | 1873 |
time application for a permit is made
by
| 1874 |
No rule or order of the division or commission shall prohibit | 1875 |
a charitable organization that holds a D-4 permit from selling or | 1876 |
serving beer or intoxicating liquor under its permit in a portion | 1877 |
of its premises merely because that portion of its premises is | 1878 |
used
| 1879 |
described in division (S)(2) of section 2915.01 of the Revised | 1880 |
Code.
| 1881 |
1882 | |
1883 | |
1884 | |
1885 | |
1886 | |
" | 1887 |
1888 |
Section 2. That existing sections 173.121, 1531.01, 1711.09, | 1889 |
2915.01, 2915.02, 2915.05, 2915.07, 2915.08, 2915.09, 2915.10, | 1890 |
2915.12, 3763.01, 4301.03, and 4303.17 of the Revised Code are | 1891 |
hereby repealed. | 1892 |
Section 3. Section 2915.09 of the Revised Code is presented | 1893 |
in this act as a composite of the section as amended by both Am. | 1894 |
Sub. S.B. 70 and Am. Sub. S.B. 2 of the 121st General Assembly. | 1895 |
The General Assembly, applying the principle stated in division | 1896 |
(B) of section 1.52 of the Revised Code that amendments are to be | 1897 |
harmonized if reasonably capable of simultaneous operation, finds | 1898 |
that the composite is the resulting version of the section in | 1899 |
effect prior to the effective date of the section as presented in | 1900 |
this act. | 1901 |