As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 512


REPRESENTATIVES Husted, Faber, Setzer, Collier, Latta, Williams, Webster, Britton



A BILL
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 sections3
2915.081, 2915.082, 2915.091, and 2915.092 of the4
Revised Code to define "bingo" to include bingo,5
instant bingo, seal cards, punch boards, and6
raffles; to create a license that authorizes7
charitable organizations to conduct bingo, instant8
bingo, seal cards, and punch boards; to require the9
licensing of manufacturers and distributors of10
bingo supplies; to regulate the conduct of instant11
bingo and raffles; to authorize charitable12
organizations that hold D-4 and D-5 liquor permits13
to conduct certain types of bingo and serve beer or14
intoxicating liquor at the same time; to increase15
the amount that certain charitable organizations16
may retain from gross receipts as consideration for17
use of the premises; to allow fraternal, civic, and18
veteran's organizations to use 45% of the net19
profits generated from instant bingo; and to make20
other changes in the Charitable Gambling Law.21


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

       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 to25
read as follows:26

       Sec. 173.121.  (A) As used in this section, "bingo," "bingo27
game operator," and "participant" have the same meanings as in28
section 2915.01 of the Revised Code.29

       (B) Notwithstanding sections 2915.07 to 2915.12 of the30
Revised Code, a multipurpose senior center may conduct bingo games31
described in division (S)(1) of section 2915.01 of the Revised32
Code, but only if it complies with all of the following33
requirements:34

       (1) All bingo games are conducted only on the premises of35
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 older38
and receive no compensation for serving as operators;.39

       (4) No participant is charged an admission fee, and no40
participant is charged more than twenty-five cents to purchase a41
bingo card or a card, sheet, or other device described in division42
(S)(2)(a) of section 2915.01 of the Revised Code;.43

       (5) All proceeds from games are used only for any of the44
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 the48
games;49

       (d) To defray costs of services the facility provides in50
accordance with section 173.12 of the Revised Code.51

       Sec. 1531.01.  As used in this chapter and Chapter 1533. of52
the Revised Code:53

       (A) "Person" means individual, company, partnership,54
corporation, municipal corporation, association, or any55
combination of individuals, or any employee, agent, or officer56
thereof.57

       (B) "Resident" means any individual who has resided in this58
state for not less than six months next preceding the date of59
making application for a license.60

       (C) "Nonresident" means any individual who does not qualify61
as a resident.62

       (D) "Division rule" or "rule" means any rule adopted by the63
chief of the division of wildlife under section 1531.10 of the64
Revised Code unless the context indicates otherwise.65

       (E) "Closed season" means that period of time during which66
the taking of wild animals protected by this chapter and Chapter67
1533. of the Revised Code is prohibited.68

       (F) "Open season" means that period of time during which the69
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 netting73
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,74
wild bird, or wild quadruped, and any lesser act, such as75
wounding, or placing, setting, drawing, or using any other device76
for killing or capturing any wild animal, whether it results in77
killing or capturing the animal or not. "Take or taking" includes78
every attempt to kill or capture and every act of assistance to79
any other person in killing or capturing or attempting to kill or80
capture a wild animal.81

       (H) "Possession" means both actual and constructive82
possession and any control of things referred to.83

       (I) "Bag limit" means the number, measurement, or weight of84
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild85
birds, and wild quadrupeds permitted to be taken.86

       (J) "Transport and transportation" means carrying or moving87
or causing to be carried or moved.88

       (K) "Sell and sale" means barter, exchange, or offer or89
expose for sale.90

       (L) "Whole to include part" means that every provision91
relating to any wild animal protected by this chapter and Chapter92
1533. of the Revised Code applies to any part of the wild animal93
with the same effect as it applies to the whole.94

       (M) "Angling" means fishing with not more than two hand95
lines, not more than two units of rod and line, or a combination96
of not more than one hand line and one rod and line, either in97
hand or under control at any time while fishing. The hand line or98
rod and line shall have attached to it not more than three baited99
hooks, not more than three artificial fly rod lures, or one100
artificial bait casting lure equipped with not more than three101
sets of three hooks each.102

       (N) "Trotline" means a device for catching fish that consists103
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 the107
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, and110
fur-bearing animals.111

       (S) "Game birds" includes mourning doves, ringneck pheasants,112
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated113
grouse, wild turkey, Hungarian partridge, Chukar partridge,114
woodcocks, black-breasted plover, golden plover, Wilson's snipe or115
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules,116
duck, geese, brant, and crows.117

       (T) "Nongame birds" includes all other wild birds not118
included and defined as game birds.119

       (U) "Wild quadrupeds" includes game quadrupeds and120
fur-bearing animals.121

       (V) "Game quadrupeds" includes cottontail rabbits, gray122
squirrels, black squirrels, fox squirrels, red squirrels, flying123
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, aquatic129
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, following132
after or on the trail of, lying in wait for, shooting at, or133
wounding wild birds or wild quadrupeds while employing any device134
commonly used to kill or wound wild birds or wild quadrupeds135
whether or not the acts result in killing or wounding. "Hunting"136
includes every attempt to kill or wound and every act of137
assistance to any other person in killing or wounding or138
attempting to kill or wound wild birds or wild quadrupeds.139

       (Z) "Trapping" means securing or attempting to secure140
possession of a wild bird or wild quadruped by means of setting,141
placing, drawing, or using any device that is designed to close142
upon, hold fast, confine, or otherwise capture a wild bird or wild143
quadruped whether or not the means results in capture. "Trapping"144
includes every act of assistance to any other person in capturing145
wild birds or wild quadrupeds by means of the device whether or146
not the means results in capture.147

       (AA) "Muskrat spear" means any device used in spearing148
muskrats.149

       (BB) "Channels and passages" means those narrow bodies of150
water lying between islands or between an island and the mainland151
in Lake Erie.152

       (CC) "Island" means a rock or land elevation above the waters153
of Lake Erie having an area of five or more acres above water.154

       (DD) "Reef" means an elevation of rock, either broken or in155
place, or gravel shown by the latest United States chart to be156
above the common level of the surrounding bottom of the lake,157
other than the rock bottom, or in place forming the base or158
foundation rock of an island or mainland and sloping from the159
shore of it. "Reef" also means all elevations shown by that chart160
to be above the common level of the sloping base or foundation161
rock of an island or mainland, whether running from the shore of162
an island or parallel with the contour of the shore of an island163
or in any other way and whether formed by rock, broken or in164
place, or from gravel.165

       (EE) "Fur farm" means any area used exclusively for raising166
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 of172
the net from which the fish are taken when the net is lifted.173

       (HH) "Commercial fish" means those species of fish permitted174
to be taken, possessed, bought, or sold unless otherwise175
restricted by the Revised Code or division rule and are alewife176
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin177
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),178
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus179
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead180
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel181
catfish (Ictalurus punctatus), flathead catfish (Pylodictis182
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),183
freshwater drum or sheepshead (Aplodinotus grunniens), gar184
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish185
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye186
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt187
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus188
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other189
than buffalo and quillback (Carpiodes sp., Catostomus sp.,190
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone191
chrysops), white perch (Roccus americanus), and yellow perch192
(Perca flavescens). When the common name of a fish is used in193
this chapter or Chapter 1533. of the Revised Code, it refers to194
the fish designated by the scientific name in this definition.195

       (II) "Fishing" means taking or attempting to take fish by any196
method, and all other acts such as placing, setting, drawing, or197
using any device commonly used to take fish whether resulting in a198
taking or not.199

       (JJ) "Fillet" means the pieces of flesh taken or cut from200
both sides of a fish, joined to form one piece of flesh.201

       (KK) "Part fillet" means a piece of flesh taken or cut from202
one side of a fish.203

       (LL) "Round" when used in describing fish means with head and204
tail intact.205

       (MM) "Migrate" means the transit or movement of fish to or206
from one place to another as a result of natural forces or207
instinct and includes, but is not limited to, movement of fish208
induced or caused by changes in the water flow.209

       (NN) "Spreader bar" means a brail or rigid bar placed across210
the entire width of the back, at the top and bottom of the cars in211
all trap, crib, and fyke nets for the purpose of keeping the212
meshes hanging squarely while the nets are fishing.213

       (OO) "Fishing guide" means any person who, for consideration214
or hire, operates a boat, rents, leases, or otherwise furnishes215
angling devices, ice fishing shanties or shelters of any kind, or216
other fishing equipment, and accompanies, guides, directs, or217
assists any other person in order for the other person to engage218
in fishing.219

       (PP) "Net" means fishing devices with meshes composed of220
twine or synthetic material and includes, but is not limited to,221
trap nets, fyke nets, crib nets, carp aprons, dip nets, and222
seines, except minnow seines and minnow dip nets.223

       (QQ) "Commercial fishing gear" means seines, trap nets, fyke224
nets, dip nets, carp aprons, trotlines, other similar gear, and225
any boat used in conjunction with that gear, but does not include226
gill nets.227

       (RR) "Native wildlife" means any species of the animal228
kingdom indigenous to this state.229

       (SS) "Gill net" means a single section of fabric or netting230
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 they232
swim into it.233

       (TT) "Tag fishing tournament" means a contest in which a234
participant pays a fee, or gives other valuable consideration, for235
a chance to win a prize by virtue of catching a tagged or236
otherwise specifically marked fish within a limited period of237
time, but does not include a scheme of chance conducted under238
division (D)(1) of section 2915.02 of the Revised Code.239

       (UU) "Tenant" means an individual who resides on land for240
which the individual pays rent and whose annual income is241
primarily derived from agricultural production conducted on that242
land, as "agricultural production" is defined in section 929.01 of243
the Revised Code.244

       (VV) "Nonnative wildlife" means any wild animal not245
indigenous to this state, but does not include domestic deer.246

       (WW) "Reptiles" includes common musk turtle (sternotherus247
odoratus), common snapping turtle (Chelydra serpentina248
serpentina), spotted turtle (Clemmys guttata), eastern box turtle249
(Terrapene carolina carolina), Blanding's turtle (Emydoidea250
blandingii), common map turtle (Graptemys geographica), ouachita251
map turtle (Graptemys pseudogeographica ouachitensis), midland252
painted turtle (Chrysemys picta marginata), red-eared slider253
(Trachemys scripta elegans), eastern spiny softshell turtle254
(Apalone spinifera spinifera), midland smooth softshell turtle255
(Apalone mutica mutica), northern fence lizard (Sceloporus256
undulatus hyacinthinus), ground skink (Scincella lateralis),257
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces258
laticeps), northern coal skink (Eumeces anthracinus anthracinus),259
European wall lizard (Podarcis muralis), queen snake (Regina260
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern261
water snake (Nerodia sipedon sipedon), Lake Erie watersnake262
(Nerodia sipedon insularum), copperbelly water snake (Nerodia263
erythrogaster neglecta), northern brown snake (Storeria dekayi264
dekayi), midland brown snake (Storeria dekayi wrightorum),265
northern redbelly snake (Storeria occipitomaculata266
occipitomaculata), eastern garter snake (Thamnophis sirtalis267
sirtalis), eastern plains garter snake (Thamnophis radix radix),268
Butler's garter snake (Thamnophis butleri), shorthead garter snake269
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis270
sauritus sauritus), northern ribbon snake (Thamnophis sauritus271
septentrionalis), eastern hognose snake (Heterodon platirhinos),272
eastern smooth earth snake (Virginia valeriae valeriae), northern273
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake274
(Carphophis amoenus helenae), eastern worm snake (Carphophis275
amoenus amoenus), black racer (Coluber constrictor constrictor),276
blue racer (Coluber constrictor foxii), rough green snake277
(opheodrys aestivus), smooth green snake (opheodrys vernalis278
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox279
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis280
getula nigra), eastern milk snake (Lampropeltis triangulum281
triangulum), northern copperhead (Agkistrodon contortrix mokasen),282
eastern massasauga (Sistrurus catenatus catenatus), and timber283
rattlesnake (Crotalus horridus horridus).284

       (XX) "Amphibians" includes eastern hellbender (Crytpobranchus285
alleganiensis alleganiensis), mudpuppy (Necturus maculosus286
maculosus), red-spotted newt (Notophthalmus viridescens287
viridescens), Jefferson salamander (Ambystoma jeffersonianum),288
spotted salamander (Ambystoma maculatum), blue-spotted salamander289
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),290
streamside salamander (Ambystoma barbouri), marbled salamander291
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum292
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),293
mountain dusky salamander (Desmognathus ochrophaeus), redback294
salamander (Plethodon cinereus), ravine salamander (Plethodon295
richmondi), northern slimy salamander (Plethodon glutinosus),296
Wehrle's salamander (Plethodon wehrlei), four-toed salamander297
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus298
porphyriticus duryi), northern spring salamander (Gyrinophilus299
porphyriticus porphyriticus), mud salamander (Pseudotriton300
montanus), northern red salamander (Pseudotriton ruber ruber),301
green salamander (Aneides aeneus), northern two-lined salamander302
(Eurycea bislineata), longtail salamander (Eurycea longicauda303
longicauda), cave salamander (Eurycea lucifuga), southern304
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo305
woodhousii fowleri), American toad (Bufo americanus), eastern306
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris307
crepitans blanchardi), northern spring peeper (Pseudacris crucifer308
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog309
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata310
triseriata), mountain chorus frog (Pseudacris brachyphona),311
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),312
northern leopard frog (Rana pipiens), pickerel frog (Rana313
palustris), southern leopard frog (Rana utricularia), and wood314
frog (Rana sylvatica).315

       (YY) "Deer" means white-tailed deer (Oddocoileus316
virginianus).317

       (ZZ) "Domestic deer" means nonnative deer that have been318
legally acquired or their offspring and that are held in private319
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 any323
fair, or for one week before or three days thereafterafter any324
fair, any dealing in spirituous liquors, or at any time allow or325
tolerate immoral shows, lottery devices, games of chance, or326
gambling of any kind, including pool selling and paddle wheels,327
anywhere on the fairground; and shall permit no person at any time328
to operate any side show, amusement, game, or device, or offer for329
sale any novelty by auction or solicitation, on suchthe330
fairground who has not first obtained from the director of331
agriculture sucha license as is provided byunder section 1711.11332
of the Revised Code. This section does not prohibit the sale of333
lottery tickets by the state lottery commission pursuant to334
Chapter 3770. of the Revised Code at the state fairground during335
the state fair. In addition, a county or independent agricultural336
society may permit, at any time except during a fair or for one337
week before or three days thereafterafter a fair, a charitable338
organization to conduct in accordance with Chapter 2915. of the339
Revised Code games of chance, schemes of chance, or bingo on the340
fairground of a county with a population of 500,000five hundred341
thousand or less. A charitable organization may lease all or part342
of the fairground from the agricultural society for that purpose.343

       Any sales of intoxicating liquor transacted on the fairground344
shall be subject to Chapters 4301., 4303., and 4399. of the345
Revised Code.346

       Any agricultural society that permits the sale of347
intoxicating liquor on its fairground shall apply any proceeds348
gained by suchthe society from the permit holder and from349
activities coincident to the sale of intoxicating liquor first to350
pay the cost of insurance on all buildings on suchthe fairground,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 paying354
off bets.355

       (B) "Bet" means the hazarding of anything of value upon the356
result of an event, undertaking, or contingency, but does not357
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 valuable360
consideration for a chance to win a prize,but does not include361
bingo.362

       (D) "Game of chance" means poker, craps, roulette, a slot363
machine, a punch board, or other game in which a player gives364
anything of value in the hope of gain, the outcome of which is365
determined largely or wholly by chance,but does not include366
bingo.367

       (E) "Scheme or gameGame of chance conducted for profit"368
means any scheme or game of chance designed to produce income for369
the person who conducts or operates the scheme or game of chance,370
but does not include a charitable bingo game.371

       (F) "Gambling device" means any of the following:372

       (1) A book, totalizer, or other equipment for recording373
bets;374

       (2) A ticket, token, or other device representing a chance,375
share, or interest in a scheme of chance, except a charitable376
bingo game, or evidencing a bet;377

       (3) A deck of cards, dice, gaming table, roulette wheel,378
slot machine, punch board, or other apparatus designed for use in379
connection with a game of chance;380

       (4) Any equipment, device, apparatus, or paraphernalia381
specially designed for gambling purposes;382

       (5) Bingo supplies sold or otherwise provided, or used, in383
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 ordinance389
or law of this or any other state or the United States390
substantially equivalent to any section listed in division (G)(1)391
of this section or a violation of section 2915.06 of the Revised392
Code as it existed prior to the effective date of this amendment393
July1, 1996;394

       (3) An offense under an existing or former municipal395
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 in398
committing, any offense under division (G)(1), (2), or (3) of this399
section.400

       (H) "Charitable organization" means any tax exempt religious,401
educational, veteran's, fraternal, service, nonprofit medical,402
volunteer rescue service, volunteer fire fighter'sfirefighter's,403
senior citizen's, youth athletic, amateur athletic, or youth404
athletic park organization. An organization is tax exempt if the405
organization is, and has received from the internal revenue406
service a determination letter that currently is in effect stating407
that the organization is, exempt from federal income taxation408
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 Internal410
Revenue Code. To qualify as a charitable organization, an411
organization, except a volunteer rescue service or volunteer fire412
fighter'sfirefighter's organization, shall have been in413
continuous existence as such in this state for a period of two414
years immediately preceding either the making of an application415
for a bingo license under section 2915.08 of the Revised Code or416
the conducting of any scheme of chance or game of chance as417
provided in division (C)(D) of section 2915.02 of the Revised418
Code.419

       (I) "Religious organization" means any church, body of420
communicants, or group that is not organized or operated for421
profit and that gathers in common membership for regular worship422
and religious observances.423

       (J) "Educational organization" means any organization within424
this state that is not organized for profit, the primary purpose425
of whichand that is organized for educational purposes. As used426
in this division, "educational purposes" means to provide427
scholarships, to educate and develop the capabilities of428
individuals through instruction, and that operatesor to operate429
or contributescontribute to the support of a school, academy,430
college, or university.431

       (K) "Veteran's organization" means any individual post of a432
national veteran's association or an auxiliary unit of any433
individual post of a national veteran's association, which post or434
auxiliary unit has been incorporated as a nonprofit corporation435
for at least two years and has received a letter from the state436
headquarters of the national veteran's association indicating that437
the individual post or auxiliary unit is in good standing with the438
national veteran's association. As used in this division,439
"national veteran's association" means any veteran's association440
that has been in continuous existence as such for a period of at441
least tenfive years and either is incorporated by an act of the442
United States congress or has a national dues-paying membership of443
at least five thousand persons.444

       (L) "Volunteer fire fighter'sfirefighter's organization"445
means any organization of volunteer fire fightersfirefighters, as446
defined in section 146.01 of the Revised Code, that is organized447
and operated exclusively to provide financial support for a448
volunteer fire department or a volunteer fire company.449

       (M) "Fraternal organization" means any society, order, or450
association within this state, except a college or high school451
fraternity, that is not organized for profit, that is a branch,452
lodge, or chapter of a national or state organization, that exists453
exclusively for the common business or sodality of its members,454
and that has been in continuous existence in this state for a455
period of fivetwo years. As used in this division, "national or456
state organization" means an organization that has been in457
continuous existence as such for a period of at least five years458
and that has a national or state dues-paying membership, as459
applicable.460

       (N) "Volunteer rescue service organization" means any461
organization of volunteers organized to function as an emergency462
medical service organization, as defined in section 4765.01 of the463
Revised Code.464

       (O) "Service organization" means any organization, not465
organized for profit, that is organized and operated exclusively466
to provide, or to contribute to the support of organizations or467
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 physical470
defect or those organized and operated exclusively to protect, or471
to contribute to the support of organizations or institutions472
organized and operated exclusively to protect, animals from473
inhumane treatment.474

       (P) "Nonprofit medical organization" means any organization475
that has been incorporated as a nonprofit corporation for at least476
five years and that has continuously operated and will be operated477
exclusively to provide, or to contribute to the support of478
organizations or institutions organized and operated exclusively479
to provide, hospital, medical, research, or therapeutic services480
for the public.481

       (Q) "Senior citizen's organization" means any private482
organization, not organized for profit, that is organized and483
operated exclusively to provide recreational or social services484
for persons who are fifty-five years of age or older and that is485
described and qualified under subsection 501(c)(3) of the Internal486
Revenue Code.487

       (R) "Charitable bingo game" means any bingo game described in488
division (S)(1) or (2) of this section that is conducted by a489
charitable organization that has obtained a bingo license pursuant490
to section 2915.08 of the Revised Code and the proceeds of which491
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 are495
divided into twenty-five spaces arranged in five horizontal and496
five vertical rows of spaces, with each space, except the central497
space, being designated by a combination of a letter and a number498
and with the central space being designated as a free space.499

       (b) The participants cover the spaces on the bingo cards or500
sheets that correspond to combinations of letters and numbers that501
are announced by a bingo game operator.502

       (c) A bingo game operator announces combinations of letters503
and numbers that appear on objects that a bingo game operator504
selects by chance, either manually or mechanically, from a505
receptacle that contains seventy-five objects at the beginning of506
each game, each object marked by a different combination of a507
letter and a number that corresponds to one of the seventy-five508
possible combinations of a letter and a number that can appear on509
the bingo cards or sheets.510

       (d) The winner of the bingo game includes any participant511
who properly announces during the interval between the512
announcements of letters and numbers as described in division513
(S)(1)(c) of this section, that a predetermined and preannounced514
pattern of spaces has been covered on a bingo card or sheet being515
used by the participant.516

       (2) Any scheme or game other than a game as defined in517
division (S)(1) of this section with the following518
characteristics:519

       (a) The participants use cards, sheets, or other devices520
that are divided into spaces arranged in horizontal, vertical, or521
diagonal rows of spaces, with each space, except free spaces,522
being designated by a single letter, number, or symbol; by a523
combination of letters, numbers, or symbols; by a combination of a524
letter and a number, a letter and a symbol, or a number and a525
symbol; or by any combination of letters, numbers, and symbols,526
with some or none of the spaces being designated as a free,527
complimentary, or similar space.528

       (b) The participants cover the spaces on the cards, sheets,529
or devices that correspond to letters, numbers, symbols, or530
combinations of such that are announced by a bingo game operator531
or otherwise transmitted to the participants.532

       (c) A bingo game operator announces, or otherwise transmits533
to the participants, letters, numbers, symbols, or any combination534
of such as set forth in division (S)(2)(a) of this section that535
appear on objects that a bingo game operator selects by chance536
that correspond to one of the possible letters, numbers, symbols,537
or combinations of such that can appear on the bingo cards,538
sheets, or devices.539

       (d) The winner of the bingo game is any participant who540
properly announces that a predetermined and preannounced pattern541
of spaces has been covered on a card, sheet, or device being used542
by the participantInstant bingo, seal cards, punch boards, and543
raffles.544

       (T) "Conduct" means to back, promote, organize, manage, carry545
on, or prepare for the operation of a schemebingo or a game of546
chance but does not include any act performed by a bingo game547
operator.548

       (U) "Bingo game operator" means any person, except security549
personnel, who performs work or labor at the site of a bingo game,550
including, but not limited to, collecting money from participants,551
handing out bingo cards or objects to cover spaces on the bingo552
cards, selecting from a receptacle the objects that contain the553
combination of letters and numbers that appear on the bingo cards,554
calling out the combinations of letters and numbers, distributing555
prizes to the winner of the bingo game, selling instant bingo556
tickets or cards, including instant bingo tickets used in557
conjunction with a seal card, supervising the operation of a punch558
board, selling raffle tickets, selecting raffle tickets from a559
receptacle and announcing the winning numbers in a raffle, and560
preparing, selling, and serving food or beverages.561

       (V) "Participant" means any person who plays bingo by562
covering the spaces on a bingo card that correspond to563
combinations of letters and numbers that are announced by a bingo564
game operator.565

       (W) "Bingo session" means a period, not to exceed five566
continuous hours, during which a person conducts one or more bingo567
games described in division (S)(1) of this section.568

       (X) "Gross receipts" means all money or assets, including569
admission fees, that a person receives from a bingo session that570
the person conducts without the deduction of any amounts for571
prizes paid out during the session or for the expenses of572
conducting the bingo session. "Gross receipts" does not include573
any money directly taken in from the sale of food or beverages by574
a charitable organization conducting a bingo session, or by a bona575
fide auxiliary unit or society of a charitable organization, at a576
bingo session conducted by the charitable organizationconducting577
bingo, provided all of the following apply:578

       (1) The auxiliary unit or society has been in existence as a579
bona fide auxiliary unit or society of the charitable organization580
for at least two years prior to theconducting bingo session.581

       (2) The person who purchases the food or beverage receives582
nothing of value except the food or beverage and items customarily583
received with the purchase of that food or beverage.584

       (3) The food and beverages are sold at customary and585
reasonable prices.586

       (4) No person preparing, selling, or serving the food or587
beverages at the site of the bingo game receives directly or588
indirectly any form of compensation for the preparation, sale, or589
service of the food or beverages.590

       (Y) "Security personnel" includes any person who either is a591
sheriff, deputy sheriff, marshal, deputy marshal, township592
constable, or member of an organized police department of a593
municipal corporation or has successfully completed a peace594
officer's training course pursuant to sections 109.71 to 109.79 of595
the Revised Code and who is hired to provide security for the596
premises on which a bingo game is conducted.597

       (Z)(1) "To use gross receipts for a charitableCharitable598
purpose" means that the proceedsnet profit of the bingo game are599
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 subsection602
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code603
and is either a governmental unit or an organization that is tax604
exempt under subsection 501(a) and described in subsection605
501(c)(3) of the Internal Revenue Code; that the proceeds of the606
bingo game are used by, or given, donated, or otherwise607
transferred to a608

       (b)A veteran's organization, as defined in division (K) of609
this section, that is a post, chapter, or organization of war610
veterans, or an auxiliary unit or society of, or a trust or611
foundation for, any such post, chapter, or organization organized612
in the United States or any of its possessions, at least613
seventy-five per cent of the members of which are war veterans and614
substantially all of the other members of which are individuals615
who are veterans (but not war veterans) or are cadets, or are616
spouses, widows, or widowers of war veterans, or such individuals,617
provided that no part of the net earnings of such post or618
organization inures to the benefit of any private shareholder or619
individual, and further provided that the bingo game proceeds are620
net profit is used by the post or organization for the charitable621
purposes set forth in division (B)(12) of section 5739.02 of the622
Revised Code, areis used for awarding scholarships to or for623
attendance at an institution mentioned in division (B)(12) of624
section 5739.02 of the Revised Code, areis donated to a625
governmental agency, or areis used for nonprofit youth626
activities, the purchase of United States or Ohio flags that are627
donated to schools, youth groups, or other bona fide nonprofit628
organizations, promotion of patriotism, or disaster relief; that629
the proceeds of the bingo game are used by, or given, donated, or630
otherwise transferred to a631

       (c)A fraternal organization that has been in continuous632
existence in this state for fifteen years for useuses the net633
profit exclusively for religious, charitable, scientific,634
literary, or educational purposes, or for the prevention of635
cruelty to children or animals, and contributions for such use636
would qualify as a deductible charitable contribution under637
subsection 170 of the Internal Revenue Code; or that the proceeds638
of the bingo game are used by a639

       (d)A volunteer fire fighter'sfirefighter's organization and640
are used by the organizationthat uses the net profit for the641
purposes set forth in division (L) of this section.642

       (2)"Charitable purpose" also means that the net profit of643
bingo described in division (S)(2) of this section, whether or not644
played in conjunction with bingo described in division (S)(1) of645
this section, is used, or is given, donated, or otherwise646
transferred, in the following manner in the percentages indicated:647

       (a) Not less than fifty-five per cent of the net profit is648
used for one or more of the charitable purposes listed in division649
(Z)(1) of this section;650

       (b) Not more than forty-five per cent of the net profit is651
used by, or is given, donated, or otherwise transferred to, a652
charitable organization that is exempt from federal income653
taxation under subsection 501(a) and described in subsection654
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal655
Revenue Code.656

       (AA) "Internal Revenue Code" means the "Internal Revenue Code657
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter658
amended.659

       (BB) "Youth athletic organization" means any organization,660
not organized for profit, that is organized and operated661
exclusively to provide financial support to, or to operate,662
athletic activities for persons who are twenty-one years of age or663
younger by means of sponsoring, organizing, operating, or664
contributing to the support of an athletic team, club, league, or665
association.666

       (CC) "Youth athletic park organization" means any667
organization, not organized for profit, that satisfies both of the668
following:669

       (1) It owns, operates, and maintains playing fields that670
satisfy both of the following:671

       (a) The playing fields are used at least one hundred days672
per year for athletic activities by one or more organizations, not673
organized for profit, each of which is organized and operated674
exclusively to provide financial support to, or to operate,675
athletic activities for persons who are eighteen years of age or676
younger by means of sponsoring, organizing, operating, or677
contributing to the support of an athletic team, club, league, or678
association.679

       (b) The playing fields are not used for any profit-making680
activity at any time during the year.681

       (2) It uses the proceeds of the bingo games it conducts682
exclusively for the operation, maintenance, and improvement of its683
playing fields of the type described in division (CC)(1) of this684
section.685

       (DD) "Amateur athletic organization" means any organization,686
not organized for profit, that is organized and operated687
exclusively to provide financial support to, or to operate,688
athletic activities for persons who are training for amateur689
athletic competition that is sanctioned by a national governing690
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, instant693
bingo tickets or cards, raffle tickets, punch boards, seal cards,694
instant bingo ticket dispensers, and devices for selecting or695
displaying the combination of bingo letters and numbers or raffle696
tickets. Items that are "bingo supplies" are not gambling devices697
if sold or otherwise provided, and used, in accordance with this698
chapter.699

       (FF) "Instant bingo" means a form of bingo that uses folded700
or banded tickets or paper cards with perforated break-open tabs,701
a face of which is covered or otherwise hidden from view to702
conceal a number, letter, or symbol, or set of numbers, letters,703
or symbols, some of which have been designated in advance as prize704
winners. "Instant bingo" does not include any device activated by705
the insertion of a coin, currency, or an equivalent of either that706
contains as one of its components a video display monitor that is707
capable of displaying numbers, letters, symbols, or characters in708
winning or losing combinations.709

       (GG) "Seal card" means a ticket or card used in conjunction710
with instant bingo tickets or cards that contains one or more711
seals that, when removed or opened, reveal predesignated winning712
numbers, letters, or symbols.713

       (HH) "Raffle" means a form of bingo in which the one or more714
prizes are won by one or more persons who have purchased a raffle715
ticket. The one or more winners of the raffle are determined by716
drawing a ticket stub or other detachable section from a717
receptacle containing ticket stubs or detachable sections718
corresponding to all tickets sold for the raffle.719

       (II) "Punch board" means a board containing a number of holes720
or receptacles of uniform size in which are placed, mechanically721
and randomly, serially numbered slips of paper that may be punched722
or drawn from the hole or receptacle when used in conjunction with723
instant bingo. A player may punch or draw the numbered slips of724
paper from the holes or receptacles and obtain the prize725
established for the game if the number drawn corresponds to a726
winning number or, if the punch board includes the use of a seal727
card, a potential winning number.728

       (JJ) "Gross profit" means gross receipts minus the amount729
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 profit732
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 of735
the Revised Code;736

       (3) Bank fees and service charges for a bingo session or game737
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 the745
conduct of bingo that is authorized in rules adopted by the746
attorney general under division (B)(1) of section 2915.08 of the747
Revised Code.748

       (MM) "Person" has the same meaning as in section 1.59 of the749
Revised Code and includes any firm or any other legal entity,750
however organized.751

       (NN) "Revoke" means to void permanently all rights and752
privileges of the holder of a license issued under section753
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable754
gaming license issued by another jurisdiction.755

       (OO) "Suspend" means to interrupt temporarily all rights and756
privileges of the holder of a license issued under section757
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable758
gaming license issued by another jurisdiction.759

       (PP) "Distributor" means any person who purchases or obtains760
bingo supplies and who sells, offers for sale, or otherwise761
provides or offers to provide the bingo supplies to another person762
for use in this state.763

       (QQ) "Manufacturer" means any person who assembles completed764
bingo supplies from raw materials, other items, or subparts or who765
modifies, converts, adds to, or removes parts from bingo supplies766
to further their promotion or sale.767

       (RR) "Gross annual revenues" means the annual gross receipts768
derived from the conduct of bingo described in division (S)(1) of769
this section plus the annual net profit derived from the conduct770
of bingo described in division (S)(2) of this section.771

       (SS) "Instant bingo ticket dispenser" means a mechanical772
device that dispenses an instant bingo ticket or card as the sole773
item of value dispensed and that has or may have the following774
characteristics:775

        (1) It is activated upon the insertion of United States776
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 spinning782
reels.783

        (6) It is incapable of determining whether a dispensed784
bingo ticket or card is a winning or nonwinning ticket or card.785

        (7) It may provide accounting and security features to aid786
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 conduct789
that facilitates bookmaking;790

       (2) Establish, promote, or operate or knowingly engage in791
conduct that facilitates any scheme or game of chance conducted792
for profit or any scheme of chance;793

       (3) Knowingly procure, transmit, exchange, or engage in794
conduct that facilitates the procurement, transmission, or795
exchange of information for use in establishing odds or796
determining winners in connection with bookmaking or with any797
scheme or game of chance conducted for profit or any scheme of798
chance;799

       (4) Engage in betting or in playing any scheme or game of800
chance, except a charitable bingo game, as a substantial source of801
income or livelihood;802

       (5) With purpose to violate division (A)(1), (2), (3), or803
(4) of this section, acquire, possess, control, or operate any804
gambling device.805

       (B) For purposes of division (A)(1) of this section, a806
person facilitates bookmaking if the person in any way knowingly807
aids an illegal bookmaking operation, including, without808
limitation, placing a bet with a person engaged in or facilitating809
illegal bookmaking. For purposes of division (A)(2) of this810
section, a person facilitates a scheme or game of chance conducted811
for profit or a scheme of chance if the person in any way812
knowingly aids in the conduct or operation of any such scheme or813
game or scheme, including, without limitation, playing any such814
scheme or game or scheme.815

       (C) This section does not prohibit conduct in connection816
with gambling expressly permitted by law.817

       (D) This section does not apply to any of the following:818

       (1) Schemes of chance conducted by a charitable organization819
that is, and has received from the internal revenue service a820
determination letter that is currently in effect stating that the821
organization is, exempt from federal income taxation under822
subsection 501(a) and described in subsection 501(c)(3) of the823
Internal Revenue Code, provided that all of the money or assets824
received from the scheme of chance after deduction only of prizes825
paid out during the conduct of the scheme of chance are used by,826
or given, donated, or otherwise transferred to, any organization827
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)828
of the Internal Revenue Code and is either a governmental unit or829
an organization that is tax exempt under subsection 501(a) and830
described in subsection 501(c)(3) of the Internal Revenue Code,831
and provided that the scheme of chance is not conducted during, or832
within ten hours of, a bingo game conducted for amusement purposes833
only pursuant to section 2915.12 of the Revised Code;834

       (2) Games of chance, if all of the following apply:835

       (a) The games of chance are not craps for money, roulette836
for money, or slot machines;.837

       (b) The games of chance are conducted by a charitable838
organization that is, and has received from the internal revenue839
service a determination letter that is currently in effect,840
stating that the organization is, exempt from federal income841
taxation under subsection 501(a) and described in subsection842
501(c)(3) of the Internal Revenue Code;.843

       (c) The games of chance are conducted at festivals of the844
charitable organization that are conducted either for a period of845
four consecutive days or less and not more than twice a year or846
for a period of five consecutive days not more than once a year,847
and are conducted on premises owned by the charitable organization848
for a period of no less than one year immediately preceding the849
conducting of the games of chance, on premises leased from a850
governmental unit, or on premises that are leased from a veteran's851
or fraternal organization and that have been owned by the lessor852
veteran's or fraternal organization for a period of no less than853
one year immediately preceding the conducting of the games of854
chance.855

       A charitable organization shall not lease premises from a856
veteran's or fraternal organization to conduct a festival857
described in division (D)(2)(1)(c) of this section if the858
veteran's or fraternal organization already has leased the859
premises four times during the preceding year to charitable860
organizations for that purpose. If a charitable organization861
leases premises from a veteran's or fraternal organization to862
conduct a festival described in division (D)(2)(1)(c) of this863
section, the charitable organization shall not pay a rental rate864
for the premises per day of the festival that exceeds the rental865
rate per bingo session that a charitable organization may pay866
under division (A)(3)(B)(1) of section 2915.09 of the Revised Code867
when it leases premises from another charitable organization to868
conduct bingo games.869

       (d) All of the money or assets received from the games of870
chance after deduction only of prizes paid out during the conduct871
of the games of chance are used by, or given, donated, or872
otherwise transferred to, any organization that is described in873
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal874
Revenue Code and is either a governmental unit or an organization875
that is tax exempt under subsection 501(a) and described in876
subsection 501(c)(3) of the Internal Revenue Code;877

       (e) The games of chance are not conducted during, or within878
ten hours of, a bingo game conducted for amusement purposes only879
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, directly882
or indirectly, for operating or assisting in the operation of any883
scheme or game of chance.884

       (3)(2) Any tag fishing tournament operated under a permit885
issued under section 1533.92 of the Revised Code, as "tag fishing886
tournament" is defined in section 1531.01 of the Revised Code;887

       (3) Bingo conducted by a charitable organization that holds888
a license issued under section 2915.08 of the Revised Code.889

       (E) Division (D) of this section shall not be construed to890
authorize the sale, lease, or other temporary or permanent891
transfer of the right to conduct schemes of chance or games of892
chance, as granted by that division (D) of this section, by any893
charitable organization that is granted that right.894

       (F) Whoever violates this section is guilty of gambling, a895
misdemeanor of the first degree. If the offender previously has896
been convicted of any gambling offense, gambling is a felony of897
the fifth degree.898

       Sec. 2915.05.  (A) No person, with purpose to defraud or899
knowing that the person is facilitating a fraud, shall engage in900
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 not903
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 to908
corrupt the outcome of an athletic or sporting event;909

       (2) Engage in conduct designed to corrupt the outcome of an910
athletic or sporting event.911

       (C)(1) Whoever violates division (A) of this section is912
guilty of cheating,. Except as otherwise provided in this913
division, cheating is a misdemeanor of the first degree. If the914
potential gain from the cheating is five hundred dollars or more915
or if the offender previously has been convicted of any gambling916
offense or of any theft offense, as defined in section 2913.01 of917
the Revised Code, cheating is a felony of the fifth degree.918

       (2) Whoever violates division (B) of this section is guilty919
of corrupting sports. Corrupting sports is a felony of the fifth920
degree on a first offense and a felony of the fourth degree on921
each subsequent offense.922

       Sec. 2915.07.  (A) No person, except a charitable923
organization that has obtained a bingo license pursuant to section924
2915.08 of the Revised Code, shall conduct or advertise a bingo925
game. This division does not apply to a raffle that a charitable926
organization conducts or advertises.927

       (B) Whoever violates this section is guilty of conducting an928
illegal bingo game, a felony of the fourth degree.929

       Sec. 2915.08.  (A)(1) Annually before the first day of930
January, a charitable organization that desires to conduct bingo931
games shall make out and deliver to the attorney general, upon a932
form to be furnished by the attorney general for that purpose, an933
application for a license to conduct bingo and deliver that934
application to the attorney general together with a license fee of935
oneas follows:936

       (a) Two hundred fifty dollars or afor a charitable937
organization whose gross annual revenues are three hundred938
thousand dollars or less;939

       (b) Five hundred dollars for a charitable organization whose940
gross annual revenues exceed three hundred thousand dollars but do941
not exceed six hundred thousand dollars;942

       (c) One thousand dollars for a charitable organization whose943
gross annual revenues exceed six hundred thousand dollars but do944
not exceed one million dollars;945

       (d) Two thousand dollars for a charitable organization whose946
gross annual revenues exceed one million dollars;947

       (e) A reduced license fee established by the attorney948
general pursuant to division (G) of this section. The949

       (2) The application shall be in the form prescribed by the950
attorney general and, shall be signed and sworn to by the951
applicant.952

       The application, and shall contain all of the following:953

       (1)(a) The name and post-office address of the applicant;954

       (2)(b) A statement that the applicant is a charitable955
organization and that it has been in continuous existence as a956
charitable organization in this state for two years immediately957
preceding the making of the application or for five years in the958
case of a fraternal organization or a nonprofit medical959
organization;960

       (3)(c) The location at which the organization will conduct961
the bingo game, which location shall be within the county in which962
the principal place of business of the applicant is located, the963
days of the week and the times on each of those days when a bingo964
session will be conducted, whether the organization owns, leases,965
or subleases the premises, and a copy of the rental agreement if966
it leases or subleases the premises;967

       (4)(d) A statement of the applicant's previous history,968
record, and association that is sufficient to establish that the969
applicant is a charitable organization, and a copy of a970
determination letter that is issued by the Internal Revenue971
Service and states that the organization is tax exempt under972
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 Internal974
Revenue Code;975

       (5)(e) A statement as to whether the applicant has ever had976
any previous application refused, whether it previously has had a977
license revoked or suspended, and the reason stated by the978
attorney general for the refusal, revocation, or suspension;979

       (6)(f) A statement of the charitable purposepurposes for980
which the bingo proceedsnet profit will be used;981

       (7)(g) Other necessary and reasonable information that the982
attorney general may require by rule adopted pursuant to section983
111.15 of the Revised Code;984

       (8)(h) If the applicant is a charitable trust as defined in985
section 109.23 of the Revised Code, a statement as to whether it986
has registered with the attorney general pursuant to section987
109.26 of the Revised Code or filed annual reports pursuant to988
section 109.31 of the Revised Code, and, if it is not required to989
do either, the exemption in section 109.26 or 109.31 of the990
Revised Code that applies to it;991

       (9)(i) If the applicant is a charitable organization as992
defined in section 1716.01 of the Revised Code, a statement as to993
whether it has filed with the attorney general a registration994
statement pursuant to section 1716.02 of the Revised Code and a995
financial report pursuant to section 1716.04 of the Revised Code,996
and, if it is not required to do both, the exemption in section997
1716.03 of the Revised Code that applies to it;998

       (10)(j) In the case of an applicant seeking to qualify as a999
youth athletic park organization under division (CC) of section1000
2915.01 of the Revised Code, a statement issued by a board or body1001
vested with authority under Chapter 755. of the Revised Code for1002
the supervision and maintenance of recreation facilities in the1003
territory in which the organization is located, certifying that1004
the playing fields owned by the organization were used for at1005
least one hundred days during the year in which the statement is1006
issued, and were open for use to all residents of that territory,1007
regardless of race, color, creed, religion, sex, or national1008
origin, for athletic activities by youth athletic organizations,1009
as defined in division (BB) of section 2915.01 of the Revised1010
Code, that do not discriminate on the basis of race, color, creed,1011
religion, sex, or national origin, and that the fields were not1012
used for any profit-making activity at any time during the year.1013
That type of board or body is authorized to issue the statement1014
upon request and shall issue the statement if it finds that the1015
applicant's playing fields were so used.1016

       (3) The attorney general, within thirty days after receiving1017
a timely filed application from a charitable organization that has1018
been issued a bingo license under this section that has not1019
expired and has not been revoked or suspended, shall send a1020
temporary permit to the applicant specifying the date on which the1021
application was filed with the attorney general and stating that,1022
pursuant to section 119.06 of the Revised Code, the applicant may1023
continue to conduct bingo games until a new license is granted or,1024
if the application is rejected, until fifteen days after notice of1025
the rejection is mailed to the applicant. The temporary permit1026
does not affect the validity of the applicant's application and1027
does not grant any rights to the applicant except those rights1028
specifically granted in section 119.06 of the Revised Code. The1029
issuance of a temporary permit by the attorney general pursuant to1030
this paragraphdivision does not prohibit the attorney general1031
from rejecting the applicant's application because of acts that1032
the applicant committed, or actions that the applicant failed to1033
take, before or after the issuance of the temporary permit.1034

       (B)(1) The attorney general shall adopt rules to enforce1035
sections 2915.01, 2915.02, and 2915.07 to 2915.12 of the Revised1036
Code to ensure that bingo games areis conducted in accordance1037
with those sections, and to maintain proper control over the1038
conduct of bingo games. The rules, except rules adopted pursuant1039
to divisiondivisions (A)(7)(2)(g) and (G) of this section, shall1040
be adopted pursuant to Chapter 119. of the Revised Code. The1041
attorney general shall license charitable organizations to conduct1042
bingo games in conformance with this chapter and with the1043
licensing provisions of Chapter 119. of the Revised Code.1044

       (2) The attorney general may refuse to grant a bingo license1045
to any organization, or revoke or suspend the license of any1046
organization, that does any of the following or to which any of1047
the following applies:1048

       (a) Fails or has failed at any time to meet any requirement1049
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to1050
2915.11 of the Revised Code, or violates or has violated any1051
provision of sections 2915.02 or 2915.07 to 2915.12 of the Revised1052
Code or any rule adopted by the attorney general pursuant to this1053
section;1054

       (b) Makes or has made an incorrect or false statement that1055
is material to the granting of the license in an application filed1056
pursuant to division (A) of this section;1057

       (c) Submits or has submitted any incorrect or false1058
information relating to an application if the information is1059
material to the granting of the license;1060

       (d) Maintains or has maintained any incorrect or false1061
information that is material to the granting of the license in the1062
records required to be kept pursuant to divisiondivisions (A) and1063
(C) of section 2915.10 of the Revised Code, if applicable;1064

       (e) The attorney general has good cause to believe that the1065
organization will not conduct its bingo games in accordance with1066
sections 2915.02 and 2915.07 to 2915.12 of the Revised Code or1067
with any rule adopted by the attorney general pursuant to this1068
section.1069

       (3) For the purposes of this division (B) of this section,1070
any action of an officer, trustee, agent, representative, or bingo1071
game operator of an organization is an action of the organization.1072

       (C) The attorney general may grant bingo licenses to1073
charitable organizations that are branches, lodges, or chapters of1074
national charitable organizations.1075

       (D) The attorney general shall send notice in writing to the1076
prosecuting attorney and sheriff of the county in which the1077
organization will conduct the bingo game, as stated in its1078
application for a license or amended license, and to any other law1079
enforcement agency in that county that so requests, of all of the1080
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 grant1084
a license;1085

       (4) The revocation of any license previously issued;1086

       (5) The suspension of any license previously issued.1087

       (E) A bingo license issued by the attorney general shall set1088
forth the information contained on the application of the1089
charitable organization that the attorney general determines is1090
relevant, including, but not limited to, the location at which the1091
organization will conduct the bingo game and the days of the week1092
and the times on each of those days when a bingo session will be1093
conducted. If the attorney general refuses to grant or revokes or1094
suspends a bingo license, the attorney general shall notify the1095
applicant in writing and specifically identify the reason for the1096
refusal, revocation, or suspension in narrative form and, if1097
applicable, by identifying the section of the Revised Code1098
violated. The failure of the attorney general to give the written1099
notice of the reasons for the refusal, revocation, or suspension1100
or a mistake in the written notice does not affect the validity of1101
the attorney general's refusal to grant, or the revocation or1102
suspension of, a bingo license. If the attorney general fails to1103
give the written notice or if there is a mistake in the written1104
notice, the applicant may bring an action to compel the attorney1105
general to comply with this division or to correct the mistake,1106
but the attorney general's order refusing to grant, or revoking or1107
suspending, a bingo license shall not be enjoined during the1108
pendency of the action.1109

       (F) A charitable organization that has been issued a bingo1110
license pursuant to division (B) of this section but that cannot1111
conduct bingo sessions at the location, or on the day of the week1112
or the time, specified on the license due to circumstances beyond1113
its control may apply, without charge, in writing to the attorney1114
general for an amended bingo license. The application shall1115
describe in detail the causes making it impossible for the1116
organization to conduct its bingo sessions in conformity with its1117
license and shall indicate the location, days of the week, and1118
times on each of those days when it desires to conduct a bingo1119
session. If the attorney general approves the application for the1120
amended license, the attorney general shall issue the amended1121
license in accordance with division (E) of this section, and the1122
organization shall surrender its original license to the attorney1123
general. The attorney general shall refuse to grant an1124
application for an amended bingo license according to the terms of1125
division (B) of this section.1126

       (G) The attorney general, by rule adopted pursuant to1127
section 111.15 of the Revised Code, shall establish a schedule of1128
reduced license fees for charitable organizations that desire to1129
conduct bingo games during fewer than twenty-six weeks in any1130
calendar year.1131

       (H)A charitable organization that has been issued a license1132
under this section may request the attorney general to provide it1133
with an explanation of a particular provision of this chapter, or1134
of Chapter 4301. or 4303. of the Revised Code, that pertains to1135
the attorney general's authority and potential enforcement actions1136
under that provision. If the attorney general receives a request1137
under this division for such an explanation, the attorney general1138
shall provide the explanation verbally or in writing to the1139
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 another1142
person for use in this state without having obtained a license1143
from the attorney general under this section.1144

       (B) The attorney general may issue a distributor license to1145
any person that meets the requirements of this section. The1146
application for the license shall be on a form prescribed by the1147
attorney general and be accompanied by the annual fee prescribed1148
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 hundred1150
dollars.1151

       (C) The attorney general may refuse to issue a distributor1152
license to any person to which any of the following applies, or to1153
any person that has an officer, partner, or other person who has1154
an ownership interest of ten per cent or more and to whom any of1155
the following applies:1156

       (1) The person, officer, or partner has been convicted of a1157
felony under the laws of this state, another state, or the United1158
States.1159

       (2) The person, officer, or partner has been convicted of any1160
gambling offense.1161

       (3) The person, officer, or partner has made an incorrect or1162
false statement that is material to the granting of a license in1163
an application submitted to the attorney general under this1164
section or in a similar application submitted to a gambling1165
licensing authority in another jurisdiction if the statement1166
resulted in license revocation through administrative action in1167
the other jurisdiction.1168

       (4) The person, officer, or partner has submitted any1169
incorrect or false information relating to the application to the1170
attorney general under this section, if the information is1171
material to the granting of the license.1172

       (5) The person, officer, or partner has failed to correct any1173
incorrect or false information that is material to the granting of1174
the license in the records required to be maintained under1175
division (E) of section 2915.10 of the Revised Code.1176

       (6) The person, officer, or partner has had a license related1177
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 distributor1180
license to any person that is involved in the conduct of bingo on1181
behalf of a charitable organization or that is a lessor of1182
premises used for the conduct of bingo.1183

       (E)(1) No distributor shall sell, offer to sell, or otherwise1184
provide or offer to provide bingo supplies to any person for use1185
in this state except to a charitable organization that has been1186
issued a license under section 2915.08 of the Revised Code or to1187
another distributor that has been issued a license under this1188
section. Except as otherwise provided in division (E)(1) of this1189
section, no distributor shall accept payment for the sale or other1190
provision of bingo supplies other than by check.1191

       A supplying distributor must receive a payment by check not1192
later than forty-five days after the date the supplying1193
distributor ships bingo supplies to a charitable organization or1194
other distributor. If a charitable organization or other1195
distributor fails to pay a supplying distributor within that1196
period, the supplying distributor shall notify the attorney1197
general. The attorney general then shall notify all distributors1198
that, until further notice, the delinquent charitable organization1199
or delinquent distributor shall purchase or lease bingo supplies1200
from them only by payment by certified check or money order.1201

       (2) No distributor shall provide a charitable organization1202
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 in1205
this state from any person except from a manufacturer issued a1206
license under section 2915.082 of the Revised Code or from another1207
distributor issued a license under this section. Except as1208
otherwise provided in division (E)(3) of this section, no1209
distributor shall pay for purchased bingo supplies other than by1210
check.1211

       A supplying manufacturer or distributor must receive a1212
payment by check not later than forty-five days after the date the1213
supplying manufacturer or distributor ships bingo supplies to a1214
purchasing distributor. If a purchasing distributor fails to pay1215
a supplying manufacturer or distributor within that period, the1216
supplying manufacturer or distributor shall notify the attorney1217
general. The attorney general then shall notify all manufacturers1218
and distributors that, until further notice, the delinquent1219
distributor shall purchase bingo supplies from them only by cash1220
payment by certified check or money order.1221

       (F) The attorney general may suspend or revoke a distributor1222
license for any of the reasons for which the attorney general may1223
refuse to issue a distributor license specified in division (C) of1224
this section or if the distributor holding the license violates1225
any provision of this chapter or any rule adopted by the attorney1226
general under this chapter.1227

       (G) Whoever violates division (A) or (E) of this section is1228
guilty of illegally operating as a distributor. Except as1229
otherwise provided in this division, illegally operating as a1230
distributor is a misdemeanor of the first degree. If the offender1231
previously has been convicted of a violation of division (A) or1232
(E) of this section, illegally operating as a distributor is a1233
felony of the fifth degree.1234

       Sec. 2915.082.  (A) No manufacturer shall sell, offer to1235
sell, or otherwise provide or offer to provide bingo supplies for1236
use in this state without having obtained a license from the1237
attorney general under this section.1238

       (B) The attorney general may issue a manufacturer license to1239
any person that meets the requirements of this section. The1240
application for the license shall be on a form prescribed by the1241
attorney general and be accompanied by the annual fee prescribed1242
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 hundred1244
dollars.1245

       (C) The attorney general may refuse to issue a manufacturer1246
license to any person to which any of the following applies, or to1247
any person that has an officer, partner, or other person who has1248
an ownership interest of ten per cent or more and to whom any of1249
the following applies:1250

       (1) The person, officer, or partner has been convicted of a1251
felony under the laws of this state, another state, or the United1252
States.1253

       (2) The person, officer, or partner has been convicted of any1254
gambling offense.1255

       (3) The person, officer, or partner has made an incorrect or1256
false statement that is material to the granting of a license in1257
an application submitted to the attorney general under this1258
section or in a similar application submitted to a gambling1259
licensing authority in another jurisdiction if the statement1260
resulted in license revocation through administrative action in1261
the other jurisdiction.1262

       (4) The person, officer, or partner has submitted any1263
incorrect or false information relating to the application to the1264
attorney general under this section, if the information is1265
material to the granting of the license.1266

       (5) The person, officer, or partner has failed to correct any1267
incorrect or false information that is material to the granting of1268
the license in the records required to be maintained under1269
division (F) of section 2915.10 of the Revised Code.1270

       (6) The person, officer, or partner has had a license related1271
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 otherwise1274
provide or offer to provide bingo supplies to any person for use1275
in this state except to a distributor that has been issued a1276
license under section 2915.081 of the Revised Code. Except as1277
otherwise provided in this division, no manufacturer shall accept1278
payment for the sale of bingo supplies other than by check.1279

       A manufacturer must receive a payment by check not later than1280
forty-five days after the date the manufacturer ships the bingo1281
supplies to a distributor. If the distributor fails to pay the1282
manufacturer within that period, the manufacturer shall notify the1283
attorney general. The attorney general then shall notify all1284
manufacturers that, until further notice, the delinquent1285
distributor shall purchase bingo supplies from them only by1286
payment by certified check or money order.1287

       (E) The attorney general may suspend or revoke a manufacturer1288
license for any of the reasons for which the attorney general may1289
refuse to issue a manufacturer license specified in division (C)1290
of this section or if the manufacturer holding the license1291
violates any provision of this chapter or any rule adopted by the1292
attorney general under this chapter.1293

       (F) Whoever violates division (A) or (D) of this section is1294
guilty of illegally operating as a manufacturer. Except as1295
otherwise provided in this division, illegally operating as a1296
manufacturer is a misdemeanor of the first degree. If the1297
offender previously has been convicted of a violation of division1298
(A) or (D) of this section, illegally operating as a manufacturer1299
is a felony of the fifth degree.1300

       Sec. 2915.09.  (A) ANo charitable organization that conducts1301
a bingo game shall fail to do allany of the following:1302

       (1) Own all of the equipment used to conduct the bingo game1303
or lease that equipment from a charitable organization that is1304
licensed to conduct a bingo game for a rental rate that is not1305
more than is customary and reasonable for that equipment;1306

       (2) Use all of the gross receipts from the bingo game for1307
paying prizes, for the charitable purposes listed in its bingo1308
license applicationrenting premises in which to conduct bingo,1309
for purchasing or leasing bingo cards and other equipmentsupplies1310
used in conducting the bingo game, for hiring security personnel1311
for the bingo game, orfor advertising the bingo game, or for1312
other expenses listed in division (LL) of section 2915.01 of the1313
Revised Code, provided that the amount of the receipts so spent is1314
not more than is customary and reasonable for a similar purchase,1315
lease, hiring, or advertising, and for renting premises in which1316
to conduct the bingo game, except that ifor expense. If the1317
building in which the gamebingo is conducted is owned by the1318
charitable organization conducting the gamebingo and it includes1319
a form of bingo described in division (S)(1) of section 2915.01 of1320
the Revised Code, the charitable organization may deduct from the1321
total amount of the gross receipts from each session a sum equal1322
to the lesser of six hundred dollars or forty-five per cent of the1323
gross receipts from the sessionbingo described in that division1324
as consideration for the use of the premises;.If that charitable1325
organization conducts bingo described in division (S)(2) of1326
section 2915.01 of the Revised Code, but not simultaneously with1327
any bingo described in division (S)(1) of that section, it may1328
deduct a sum of no more than five per cent of the gross receipts1329
as consideration for the use of the premises.1330

       (3) ConductUse, or give, donate, or otherwise transfer, all1331
of the net profit derived from bingo for a charitable purpose1332
listed in its license application and described in division (Z) of1333
section 2915.01 of the Revised Code.1334

       (B) No charitable organization that conducts a bingo game1335
described in division (S)(1) of section 2915.01 of the Revised1336
Code shall fail to do any of the following:1337

       (1) Conduct the bingo game on premises that are owned by the1338
charitable organization, on premises that are owned by another1339
charitable organization and leased from that charitable1340
organization for a rental rate not in excess of fourthe lesser of1341
six hundred fifty dollars per bingo session or forty-five per cent1342
of the gross receipts of the bingo session, on premises that are1343
leased from a person other than a charitable organization for a1344
rental rate that is not more than is customary and reasonable for1345
premises that are similar in location, size, and quality but not1346
in excess of four hundred fifty dollars per bingo session, or on1347
premises that are owned by a person other than a charitable1348
organization, that are leased from that person by another1349
charitable organization, and that are subleased from that other1350
charitable organization by the charitable organization for a1351
rental rate not in excess of four hundred fifty dollars per bingo1352
session. If the charitable organization leases from a person1353
other than a charitable organization the premises on which it1354
conducts bingo gamessessions, the lessor of the premises shall1355
provide only the premises to the organization and shall not1356
provide the organization with bingo game operators, security1357
personnel, concessions or concession operators, bingo equipment1358
supplies, or any other type of service or equipment. A charitable1359
organization shall not lease or sublease premises that it owns or1360
leases to more than one other charitable organization per calendar1361
week for the purpose of conducting bingo gamessessions on the1362
premises. A person that is not a charitable organization shall1363
not lease premises that it owns, leases, or otherwise is empowered1364
to lease to more than one charitable organization per calendar1365
week for conducting bingo gamessessions on the premises. In no1366
case shall more than two bingo sessions be conducted on any1367
premises in any calendar week.1368

       (4)(2) Display its bingo license conspicuously at the1369
locationpremises where the bingo gamesession is conducted;1370

       (5)(3) Conduct the bingo gamesession in accordance with the1371
definition of bingo set forth in division (S)(1) of section1372
2915.01 of the Revised Code.1373

       (B)A(C)No charitable organization that conducts a bingo1374
game described in division (S)(1) of section 2915.01 of the1375
Revised Code shall not do any of the following:1376

       (1) Pay any compensation to a bingo game operator for1377
operating a bingo gamesession that is conducted by the charitable1378
organization or for preparing, selling, or serving food or1379
beverages at the site of the bingo gamesession, permit any1380
auxiliary unit or society of the charitable organization to pay1381
compensation to any bingo game operator who prepares, sells, or1382
serves food or beverages at a bingo session conducted by the1383
charitable organization, or permit any auxiliary unit or society1384
of the charitable organization to prepare, sell, or serve food or1385
beverages at a bingo session conducted by the charitable1386
organization, if the auxiliary unit or society pays any1387
compensation to the bingo game operators who prepare, sell, or1388
serve the food or beverages;1389

       (2) Pay consulting fees to any person for any services1390
performed in relation to the bingo gamesession;1391

       (3) Pay concession fees to any person who provides1392
refreshments to the participants in the bingo gamesession;1393

       (4) ConductExcept as otherwise provided in division (C)(4)1394
of this section, conduct more than two bingo sessions in any1395
seven-day period. Except that aA volunteer fire fighter's1396
firefighter's organization or a volunteer rescue service1397
organization that conducts not more than five bingo sessions in a1398
calendar year may conduct more than two bingo sessions in a1399
seven-day period after notifying the attorney general when it will1400
conduct the sessions;.1401

       (5) Pay out more than three thousand five hundred dollars in1402
prizes during any bingo session that is conducted by the1403
charitable organization;1404

       (6) Conduct a bingo session at any time during the ten-hour1405
period between midnight and ten a.m., at any time during, or1406
within ten hours of, a bingo game conducted for amusement only1407
pursuant to section 2915.12 of the Revised Code, at any location1408
premises not specified on its bingo license, or on any day of the1409
week or during any time period not specified on its bingo license.1410
If circumstances beyond its control make it impossible for the1411
charitable organization to conduct a bingo session at the location1412
premises specified on its bingo license or if a charitable1413
organization wants to conduct bingo sessions on a day of the week1414
or at a time other than the day or time specified on its bingo1415
license, the charitable organization may apply in writing to the1416
attorney general for an amended bingo license, pursuant to1417
division (F) of section 2915.08 of the Revised Code. A charitable1418
organization may apply only oncetwice in each calendar year for1419
an amended license to conduct bingo sessions on a day of the week1420
or at a time other than the day or time specified on its bingo1421
license. If the amended license is granted, the organization may1422
conduct bingo sessions at the locationpremises, on the day of the1423
week, and at the time specified on its amended license.1424

       (7) Permit any person whom the charitable organization1425
knows, or should have known, is under the age of eighteen to work1426
as a bingo game operator;1427

       (8) Permit any person whom the charitable organization1428
knows, or should have known, has been convicted of a felony or1429
gambling offense in any jurisdiction to be a bingo game operator;1430

       (9) Permit the lessor of the premises on which the bingo1431
session is conducted, if the lessor is not a charitable1432
organization, to provide the charitable organization with bingo1433
game operators, security personnel, concessions, bingo equipment1434
supplies, or any other type of service or equipment;1435

       (10) Purchase or lease bingo supplies from any person1436
except a distributor issued a license under section 2915.081 of1437
the Revised Code.1438

       (C) A(D)Except as otherwise provided in this division, no1439
charitable organization shall provide to a bingo game operator,1440
and no bingo game operator shall not receive or accept, any1441
commission, wage, salary, reward, tip, donation, gratuity, or1442
other form of compensation, directly or indirectly, regardless of1443
the source, for operating aconducting bingo game or providing1444
other work or labor at the site of the bingo game. This division1445
does not prohibit an employee of a fraternal organization or1446
veteran's organization from selling instant bingo tickets or cards1447
to the organization's members, as long as no portion of the1448
employee's compensation is paid from any receipts of bingo.1449

       (D)(E) Notwithstanding division (A)(3)(B)(1) of this1450
section, a charitable organization that, prior to December 6,1451
1977, has entered into written agreements for the lease of1452
premises it owns to another charitable organization or other1453
charitable organizations for the conducting of bingo sessions so1454
that more than two bingo sessions are conducted per calendar week1455
on the premises, and a person that is not a charitable1456
organization and that, prior to December 6, 1977, has entered into1457
written agreements for the lease of premises it owns to charitable1458
organizations for the conducting of more than two bingo sessions1459
per calendar week on the premises, may continue to lease the1460
premises to those charitable organizations, provided that no more1461
than four sessions are conducted per calendar week, that the1462
lessor organization or person has notified the attorney general in1463
writing of the organizations that will conduct the sessions and1464
the days of the week and the times of the day on which the1465
sessions will be conducted, that the initial lease entered into1466
with each organization that will conduct the sessions was filed1467
with the attorney general prior to December 6, 1977, and that each1468
organization that will conduct the sessions was issued a license1469
to conduct bingo games by the attorney general prior to December1470
6, 1977.1471

       (E)(F) Whoever violates division (A)(2) of this section is1472
guilty of illegally conducting a bingo game, a felony of the1473
fourth degree. WhoeverExcept as otherwise provided in this1474
division, whoever violates division (A)(1),or (3), (4), or (5),1475
(B)(1), (2),or(3), or (C),or(D) of this section is guilty of a1476
minor misdemeanor. If the offender previously has been convicted1477
of a violation of division (A)(1),or (3), (4), or (5), (B)(1),1478
(2),or(3), or (C),or(D) of this section, a violation of1479
division (A)(1),or (3), (4), or (5), (B)(1), (2),or(3), or (C),1480
or(D) of this section is a misdemeanor of the first degree.1481

       Sec. 2915.091.  (A)(1) No charitable organization that1482
conducts instant bingo shall fail to comply with division (A) of1483
section 2915.09 of the Revised Code.1484

       (2) No charitable organization that conducts instant bingo1485
shall permit any person whom the charitable organization knows or1486
should have known has been convicted of a felony or gambling1487
offense in any jurisdiction to be a bingo game operator in the1488
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 or1491
lease supplies used to conduct instant bingo, seal card or punch1492
board games, or the raffle from any person except a distributor1493
that has been issued a license under section 2915.081 of the1494
Revised Code.1495

       (4) A charitable organization may purchase or lease, and may1496
use, instant bingo ticket dispensers to sell instant bingo tickets1497
or cards.1498

       (B) A charitable organization may conduct instant bingo other1499
than at a bingo session.1500

       (C) The attorney general may adopt rules in accordance with1501
Chapter 119. of the Revised Code that govern the conduct of1502
instant bingo by charitable organizations. Before those rules1503
are adopted, the attorney general shall reference the recommended1504
standards for opacity, randomization, minimum information, winner1505
protection, color, and cutting for instant bingo tickets or cards,1506
seal cards, and punch boards established by the North American1507
gaming regulators association. No rule shall prohibit or limit1508
the legal conduct of instant bingo by, or the number of instant1509
bingo games being conducted by, charitable organizations.1510

       (D) Whoever violates division (A)(1), (2), or (3) of this1511
section or a rule adopted under division (C) of this section is1512
guilty of illegal instant bingo conduct. Except as otherwise1513
provided in this division, illegal instant bingo conduct is a1514
misdemeanor of the first degree. If the offender previously has1515
been convicted of a violation of division (A)(1), (2), or (3) of1516
this section or of such a rule, illegal instant bingo conduct is a1517
felony of the fifth degree.1518

       Sec. 2915.092.  (A) A charitable organization does not need a1519
license to conduct bingo, in order to conduct a raffle drawing on1520
the premises it uses for its charitable programs.1521

       (B) No person shall conduct a raffle drawing for a charitable1522
organization on premises other than premises that the charitable1523
organization uses for its charitable programs or fail to use, or1524
give, donate, or otherwise transfer, the net profit from a raffle1525
for a charitable purpose described in division (Z)(2) of section1526
2915.01 of the Revised Code.1527

       (C) Whoever violates division (B) of this section is guilty1528
of illegal conduct of a raffle. Except as otherwise provided in1529
this division, illegal conduct of a raffle is a misdemeanor of the1530
first degree. If the offender previously has been convicted of a1531
violation of division (B) of this section, illegal conduct of a1532
raffle is a felony of the fifth degree.1533

       Sec. 2915.10.  (A) ANo charitable organization that conducts1534
a bingo session, or scheme ora game of chance pursuant to1535
division (D) of section 2915.02 of the Revised Code, shall fail to1536
maintain the following records for at least three years from the1537
date on which the bingo session or scheme or game of chance is1538
conducted:1539

       (1) An itemized list of the gross receipts of each bingo1540
session or scheme or,each game of instant bingo by serial number,1541
each raffle, each punch board game, each seal card game, and each1542
game of chance;1543

       (2) An itemized list of all expenses, other than prizes,1544
that are incurred in conducting the bingo sessionor instant bingo1545
by serial number, the name of each person to whom the expenses are1546
paid, and a receipt for all of the expenses;1547

       (3) A list of all prizes awarded during theeach bingo1548
session or scheme or,each raffle, each punch board game, each1549
seal card game, and each game of chance conducted by the1550
charitable organization,the total prizes awarded from each game1551
of instant bingo by serial number, and the name and, address,and1552
social security number of all persons who are winners of prizes of1553
onesix hundred dollars or more in value;1554

       (4) An itemized list of the charitable recipients of the1555
proceedsnet profit of the bingo session or scheme or game of1556
chance, including the name and address of each recipient to whom1557
the money is distributed, and if the organization uses the1558
proceedsnet profit of a bingo session, or the money or assets1559
received from a scheme or game of chance, for any charitable1560
purpose set forth in division (Z) of section 2915.01 or division1561
(D) of section 2915.02 of the Revised Code, a list of each purpose1562
and an itemized list of each expenditure for each purpose;1563

       (5) The number of persons who participate in any bingo1564
session or scheme or game of chance that is conducted by the1565
charitable organization;1566

       (6) A list of receipts from the sale of food and beverages1567
by the charitable organization or one of its auxiliary units or1568
societies, if the receipts were excluded from the definition of1569
"gross receipts" under division (X) of section 2915.01 of the1570
Revised Code;1571

       (7) An itemized list of all expenses incurred at each bingo1572
session,each raffle, each punch board game, each seal card game,1573
or each game of instant bingo by serial number conducted by the1574
charitable organization in the sale of food and beverages by the1575
charitable organization or by an auxiliary unit or society of the1576
charitable organization, the name of each person to whom the1577
expenses are paid, and a receipt for all of the expenses.1578

       (B) The gross profit from each bingo session or game1579
described in division (S)(1) or (2) of section 2915.01 of the1580
Revised Code shall be deposited into a checking account devoted1581
exclusively to the bingo session or game. Payments for allowable1582
expenses incurred in conducting the bingo session or game and1583
payments to charitable recipients of some or all of the net profit1584
of the bingo session or game shall be made only by checks drawn on1585
the bingo session or game account.1586

       (C) Each charitable organization shall conduct and record an1587
inventory of all of its bingo supplies as of the first day of1588
November of each year.1589

       (D) The attorney general may adopt rules in accordance with1590
Chapter 119. of the Revised Code that establish standards of1591
accounting, record keeping, and reporting to ensure that gross1592
receipts from bingo or games of chance are properly accounted for.1593

       (E) A distributor shall maintain, for a period of three years1594
after the date of its sale or other provision, a record of each1595
instance of its selling or otherwise providing to another person1596
bingo supplies for use in this state. The record shall include1597
all of the following for each instance:1598

       (1) The name of the manufacturer from which the distributor1599
purchased the bingo supplies and the date of the purchase;1600

       (2) The name and address of the charitable organization or1601
other distributor to which the bingo supplies were sold or1602
otherwise provided;1603

       (3) A description that clearly identifies the bingo supplies;1604

       (4) Invoices that include the serial numbers of all instant1605
bingo tickets or cards sold or otherwise provided to each1606
charitable organization.1607

       (F) A manufacturer shall maintain, for a period of three1608
years after the date of its sale or other provision, a record of1609
each instance of its selling or otherwise providing bingo supplies1610
for use in this state. The record shall include all of the1611
following for each instance:1612

       (1) The name and address of the distributor to whom the bingo1613
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 instant1616
bingo tickets or cards sold or otherwise provided to each1617
distributor.1618

       (G) The attorney general, or any local law enforcement1619
agency, may do all of the following: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 bingo1624
games or schemes or games of chance while they are in session;1625

       (4) Conduct inspections of the premises where bingo games or1626
schemes or games of chance are operatedconducted;1627

       (5) Take any other necessary and reasonable action to1628
determine if a violation of any provision of sections 2915.01,1629
2915.02, and 2915.07 to 2915.12 of the Revised Code has occurred1630
and to determine whether section 2915.11 of the Revised Code has1631
been complied with.1632

       If any local law enforcement agency has reasonable grounds to1633
believe that a charitable organization or an officer, agent,1634
trustee, member, or employee of the organization has violated any1635
provision of this chapter, the local law enforcement agency may1636
proceed by action in the proper court to enforce this chapter,1637
provided that the local law enforcement agency shall give written1638
notice to the attorney general when commencing an action as1639
described in this division.1640

       (C)(H) No person shall destroy, alter, conceal, withhold, or1641
deny access to any accounts or records of a charitable1642
organization that have been requested for examination, or1643
obstruct, impede, or interfere with any inspection, audit, or1644
observation of a bingo game or scheme ora game of chance or1645
premises where a bingo game or scheme ora game of chance is1646
operatedconducted, or refuse to comply with any reasonable1647
request of, or obstruct, impede, or interfere with any other1648
reasonable action undertaken by, the attorney general or a local1649
law enforcement agency pursuant to division (B)(G) of this1650
section.1651

       (D)(I) Whoever violates division (A) or (C)(H) of this1652
section is guilty of a misdemeanor of the first degree.1653

       Sec. 2915.12.  Sections 2915.07 to 2915.11 of the Revised1654
Code do not apply to bingo games that are conducted for the1655
purpose of amusement only. A bingo game is conducted for the1656
purpose of amusement only if it complies with all of the1657
requirements specified in either division (A) or (B) of this1658
section:1659

       (A)(1) The participants do not pay any money or any other1660
thing of value including an admission fee, or any fee for bingo1661
cards,or sheets, objects to cover the spaces, or other devices1662
used in playing bingo, for the privilege of participating in the1663
bingo game, or to defray any costs of the game, or pay tips or1664
make donations during or immediately before or after the bingo1665
game;.1666

       (2) All prizes awarded during the course of the game are1667
nonmonetary, and in the form of merchandise, goods, or1668
entitlements to goods or services only, and the total value of all1669
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 or1672
indirectly, and regardless of the source, is paid to any bingo1673
game operator for work or labor performed at the site of the bingo1674
game;.1675

       (4) The bingo game is not conducted either during or within1676
ten hours of any of the following:1677

       (a) A bingo session during which a charitable bingo game is1678
conducted pursuant to sections 2915.07 to 2915.11 of the Revised1679
Code;1680

       (b) A scheme or game of chance other than a bingo game1681
conducted pursuant to this section,or bingo described in division1682
(S)(2) of section 2915.01 of the Revised Code.1683

       (5) The number of players participating in the bingo game1684
does not exceed fifty.1685

       (B)(1) The participants do not pay money or any other thing1686
of value as an admission fee, and no participant is charged more1687
than twenty-five cents to purchase a bingo card,or sheet, objects1688
to cover the spaces, or other devices used in playing bingo;.1689

       (2) The total amount of money paid by all of the1690
participants for bingo cards,or sheets, objects to cover the1691
spaces, or other devices used in playing bingo does not exceed one1692
hundred dollars;.1693

       (3) All of the money paid for bingo cards,or sheets,1694
objects to cover spaces, or other devices used in playing bingo1695
areis used only to pay winners monetary and nonmonetary prizes1696
and to provide refreshments;.1697

       (4) The total value of all prizes awarded during the game1698
does not exceed one hundred dollars;.1699

       (5) No commission, wages, salary, reward, tip, donation,1700
gratuity, or other form of compensation, either directly or1701
indirectly, and regardless of the source, is paid to any bingo1702
game operator for work or labor performed at the site of the bingo1703
game;.1704

       (6) The bingo game is not conducted during or within ten1705
hours of either of the following:1706

       (a) A bingo session during which a charitable bingo game is1707
conducted pursuant to sections 2915.07 to 2915.11 of the Revised1708
Code;1709

       (b) A scheme of chance or game of chance other than a bingo1710
game conducted pursuant to this section,or bingo described in1711
division (S)(2) of section 2915.01 of the Revised Code.1712

       (7) All of the participants reside at the premises where the1713
bingo game is conducted;.1714

       (8) The bingo games are conducted on different days of the1715
week and not more than twice in a calendar week.1716

       (C) The attorney general, or any local law enforcement1717
agency, may investigate the conduct of a bingo game that1718
purportedly is conducted for purposes of amusement only if there1719
is reason to believe that the purported amusement bingo game does1720
not comply with the requirements of either division (A) or (B) of1721
this section. A local law enforcement agency may proceed by1722
action in the proper court to enforce this section if the local1723
law enforcement agency gives written notice to the attorney1724
general when commencing the action.1725

       Sec. 3763.01.  (A) All promises, agreements, notes, bills,1726
bonds, or other contracts, mortgages, or other securities, when1727
the whole or part of the consideration thereof is for money or1728
other valuable thing won or lost, laid, staked, or betted at or1729
upon a game of any kind, or upon a horse race or cockfights, sport1730
or pastime, or on a wager, or for the repayment of money lent or1731
advanced at the time of a game, play, or wager, for the purpose of1732
being laid, betted, staked, or wagered, are void.1733

       (B) Sections 3763.01 to 3763.08 of the Revised Code do not1734
apply to a charitable bingo game as defined in division (O) of1735
section 2915.01 of the Revised Code or to any scheme or game of1736
chance that is not subject to criminal penalties under section1737
2915.02 of the Revised Code.1738

       Sec. 4301.03.  The liquor control commission may adopt and1739
promulgate, repeal, rescind, and amend, in the manner required by1740
this section, rules, standards, requirements, and orders necessary1741
to carry out Chapters 4301. and 4303. of the Revised Code, but all1742
rules of the board of liquor control which were in effect1743
immediately prior to April 17, 1963, shall remain in full force1744
and effect as rules of the liquor control commission until and1745
unless amended or repealed by the liquor control commission. The1746
rules of the commission may include the following:1747

       (A) Rules with reference to applications for and the1748
issuance of permits for the manufacture, distribution,1749
transportation, and sale of beer and intoxicating liquor, and the1750
sale of alcohol; and rules governing the procedure of the division1751
of liquor control in the suspension, revocation, and cancellation1752
of suchthose permits;1753

       (B) Rules and orders providing in detail for the conduct of1754
any retail business authorized under permits issued pursuant to1755
suchthose chapters, with a view to ensuring compliance with such1756
those chapters and laws relative theretoto them, and the1757
maintenance of public decency, sobriety, and good order in any1758
place licensed under suchthose permits. No rule or order shall1759
prohibit the sale of lottery tickets issued pursuant to Chapter1760
3770. of the Revised Code by any retail business authorized under1761
permits issued pursuant to suchthat chapter.1762

       No rule or order shall prohibit pari-mutuel wagering on1763
simulcast horse races at a satellite facility that has been issued1764
a D liquor permit under Chapter 4303. of the Revised Code. No1765
rule or order shall prohibit a charitable organization that holds1766
a D-4 orD-5 permit from selling or serving beer or intoxicating1767
liquor under its permit in a portion of its premises merely1768
because that portion of its premises is used at other times for1769
theto conduct of a charitable bingo gameas described in division1770
(S)(2) of section 2915.01 of the Revised Code. However, such an1771
organization shall not sell or serve beer or intoxicating liquor1772
or permit beer or intoxicating liquor to be consumed or seen in1773
the same location in its premises where a charitable bingo game is1774
being conducted while the game is being conducted. As used in1775
this division, "charitable organization" has the same meaning as1776
in division (H) of section 2915.01 and "charitable bingo game" has1777
have the same meaningmeanings as in division (R) ofthat section1778
2915.01 of the Revised Code. No rule or order pertaining to1779
visibility into the premises of a permit holder after the legal1780
hours of sale shall be adopted or maintained by the commission.1781

       (C) Standards, not in conflict with those prescribed by any1782
law of this state or the United States, to secure the use of1783
proper ingredients and methods in the manufacture of beer, malt1784
liquor, mixed beverages, and wine to be sold within this state;1785

       (D) Rules determining the nature, form, and capacity of all1786
packages and bottles to be used for containing beer or1787
intoxicating liquor except for spirituous liquor to be kept or1788
sold, governing the form of all seals and labels to be used1789
thereonon the packages and bottles, and requiring the label on1790
every package, bottle, and container to state the ingredients in1791
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 reference1795
to the sale of beer and intoxicating liquor throughout the state1796
and advertising upon and in the premises licensed for the sale of1797
beer or intoxicating liquor;1798

       (F) Rules restricting and placing conditions upon the1799
transfer of permits;1800

       (G) Rules and orders limiting the number of permits of any1801
class within the state or within any political subdivision of the1802
state; and, for suchthat purpose, adopting reasonable1803
classifications of persons or establishments to which any1804
authorized class of permits may be issued within any such1805
political subdivision;1806

       (H) Rules and orders with reference to sales of beer and1807
intoxicating liquor on Sundays and holidays and with reference to1808
the hours of the day during which and the persons to whom1809
intoxicating liquor of any class may be sold, and rules with1810
reference to the manner of sale;1811

       (I) Rules requiring permit holders buying beer and malt1812
beverages to pay, and permit holders selling beer and malt1813
beverages to collect, minimum cash deposits for kegs, cases,1814
bottles, or other returnable containers of such beer and malt1815
beverages; requiring the repayment, or credit therefor, of such1816
the minimum cash deposit charges upon the return of such empty1817
containers,; and requiring the posting of such form of indemnity1818
or such other conditions with respect to the charging, collection,1819
and repayment of minimum cash deposit charges for returnable1820
containers of beer or malt beverages as are necessary to ensure1821
the return of such empty containers or the repayment upon such1822
their return of the minimum cash deposits paid therefor.for them;1823

       (J) Rules establishing the method by which alcohol products1824
may be imported for sale by wholesale distributors and the method1825
by which manufacturers and suppliers may sell alcohol products to1826
wholesale distributors.1827

       Every rule, standard, requirement, or order of the1828
commission, and every repeal, amendment, or rescission thereofof1829
them shall be posted for public inspection in the principal office1830
of the commission and the principal office of the division of1831
liquor control, and a certified copy thereofof them shall be1832
filed in the office of the secretary of state. An order applying1833
only to persons named thereinin it shall be served on the persons1834
affected by personal delivery of a certified copy, or by mailing1835
sucha certified copy to each person affected therebyby it, or,1836
in the case of a corporation, to any officer or agent thereofof1837
the corporation upon whom a service of summons may be served in a1838
civil action. The posting and filing required by this section1839
constitutes sufficient notice to all persons affected by sucha1840
rule or order whichthat is not required to be served. General1841
rules of the commission promulgated pursuant to this section shall1842
be published in such athe manner as the commission determines.1843

       Sec. 4303.17.  Permit D-4 may be issued to a club which has1844
been in existence for three years or more prior to the issuance of1845
suchthe permit to sell beer and any intoxicating liquor to its1846
members only, in glass or container, for consumption on the1847
premises where sold. The fee for this permit is three hundred1848
seventy-five dollars. No such permit shall be granted or retained1849
until all elected officers of suchthe organization controlling1850
suchthe club have filed with the division of liquor control a1851
statement certifying that suchthe club is operated in the1852
interest of the membership of a reputable organization, which is1853
maintained by a dues paying membership, setting forth the amount1854
of initiation fee and yearly dues. All such matters shall be1855
contained in a statement signed under oath and accompanied by a1856
surety bond in the sum of one thousand dollars. SuchThe bond1857
shall be declared forfeited in the full amount of the penal sum of1858
the bond for any false statement contained in suchthe1859
certificate, and the surety shall pay the amount of the bond to1860
the division. The roster of membership of a D-4 permit holder1861
shall be submitted under oath on the request of the superintendent1862
of liquor control. Any information acquired by the superintendent1863
or the division with respect to suchthat membership shall not be1864
open to public inspection or examination and may be divulged by1865
the superintendent and the division only in hearings before the1866
liquor control commission or in a court action in which the1867
division or the superintendent is named a party.1868

       The requirement that a club shall have been in existence for1869
three years in order to qualify for a D-4 permit does not apply to1870
units of organizations chartered by congress or to a subsidiary1871
unit of a national fraternal organization if the parent1872
organization has been in existence for three years or more at the1873
time application for a permit is made by suchthe unit.1874

       No rule or order of the division or commission shall prohibit1875
a charitable organization that holds a D-4 permit from selling or1876
serving beer or intoxicating liquor under its permit in a portion1877
of its premises merely because that portion of its premises is1878
used at other times for the conduct of a charitable bingo gameas1879
described in division (S)(2) of section 2915.01 of the Revised1880
Code. However, such an organization shall not sell or serve beer1881
or intoxicating liquor or permit beer or intoxicating liquor to be1882
consumed or seen in the same location in its premises where a1883
charitable bingo game is being conducted while the game is being1884
conducted. As used in this section, "charitable organization" has1885
the same meaning as in division (H) of section 2915.01 and1886
"charitable bingo game" hashave the same meaningmeanings as in1887
division (R) ofthat section 2915.01 of the Revised Code.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 are1891
hereby repealed.1892

       Section 3.  Section 2915.09 of the Revised Code is presented1893
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 division1896
(B) of section 1.52 of the Revised Code that amendments are to be1897
harmonized if reasonably capable of simultaneous operation, finds1898
that the composite is the resulting version of the section in1899
effect prior to the effective date of the section as presented in1900
this act.1901