REPRESENTATIVES Husted, Faber, Setzer, Collier, Latta, Williams, Webster, Britton, Lendrum, Niehaus, Evans, Flannery, Latell, Coates, Schaffer, Carano, Otterman, Sferra, Raga, Jolivette, G. Smith, Core, Wolpert, Peterson, Seitz, Kearns, Young, Cirelli, Willamowski

To amend sections 109.32, 173.121, 1531.01, 1711.09,

1

2915.01, 2915.02, 2915.05, 2915.07 to 2915.10,

2

2915.12, 3763.01, 4301.03, and 4303.17 and to enact

3

sections 2915.081, 2915.082, 2915.091, 2915.092,

4

and 2915.101 of the Revised Code to define "bingo"

5

to include bingo, instant bingo, punch boards, and

6

raffles; to create a license that authorizes

7

charitable organizations to conduct bingo, instant

8

bingo, and punch boards; to require the licensing

9

of manufacturers and distributors of bingo

10

supplies; to regulate the conduct of instant bingo

11

and raffles; to authorize charitable organizations

12

to conduct certain types of bingo at D liquor

13

permit premises; to increase the amount that

14

certain charitable organizations may retain from

15

gross receipts as consideration for use of the

16

premises; and to make other changes in the

17

Charitable Gambling Law.

18

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

Section 1.  That sections 109.32, 173.121, 1531.01, 1711.09,	19
2915.01, 2915.02, 2915.05, 2915.07, 2915.08, 2915.09, 2915.10,	20
2915.12, 3763.01, 4301.03, and 4303.17 be amended and sections	21
2915.081, 2915.082, 2915.091, 2915.092, and 2915.101 of the	22
Revised Code be enacted to read as follows:	23

Sec. 109.32.  All annual filing fees obtained by the attorney	24
general pursuant to section 109.31 of the Revised Code, all	25
receipts obtained from the sale of the charitable lawfoundations	26
directory, and all registration fees received by the attorney	27
general, bond forfeitures, awards of costs and attorney's fees,	28
and civil penalties assessed under Chapter 1716. of the Revised	29
Code, and all license fees received by the attorney general under	30
section 2915.08, 2915.081, or 2915.082 of the Revised Code shall	31
be paid into the state treasury to the credit of the charitable	32
law fund. The charitable law fund shall be used insofar as its	33
moneys are available for the expenses of the charitable law	34
section of the office of the attorney general, except that all	35
annual license fees that are received by the attorney general	36
under section 2915.08 of the Revised Code and that are credited to	37
the fund shall be used by the attorney general, or any local law	38
enforcement agency in cooperation with the attorney general, for	39
the purposes specified in division (G) of section 2915.10 of the	40
Revised Code. The expenses of the charitable law section in	41
excess of moneys available in the charitable law fund shall be	42
paid out of regular appropriations to the office of the attorney	43
general.	44

Sec. 173.121.  (A) As used in this section, "bingo," "bingo	45
game operator," and "participant" have the same meanings as in	46
section 2915.01 of the Revised Code.	47

(B) Notwithstanding sections 2915.07 to 2915.12 of the	48
Revised Code, a multipurpose senior center may conduct bingo games	49
described in division (S)(1) of section 2915.01 of the Revised	50
Code, but only if it complies with all of the following	51
requirements:	52

(1) All bingo games are conducted only on the premises of	53
the facility;.	54

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

55

(3) All bingo game operators are sixty years of age or older	56
and receive no compensation for serving as operators;.	57

(4) No participant is charged an admission fee, and no	58
participant is charged more than twenty-five cents to purchase a	59
bingo card or a card, sheet, or other device described in division	60
(S)(2)(a) of section 2915.01 of the Revised Code;.	61

(5) All proceeds from games are used only for any of the	62
following:	63

(a) To pay winners monetary or nonmonetary prizes;

64

(b) To provide refreshments;

65

(c) To defray any costs directly related to conducting the	66
games;	67

(d) To defray costs of services the facility provides in	68
accordance with section 173.12 of the Revised Code.	69

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	70
the Revised Code:	71

(A) "Person" means individual, company, partnership,	72
corporation, municipal corporation, association, or any	73
combination of individuals, or any employee, agent, or officer	74
thereof.	75

(B) "Resident" means any individual who has resided in this	76
state for not less than six months next preceding the date of	77
making application for a license.	78

(C) "Nonresident" means any individual who does not qualify	79
as a resident.	80

(D) "Division rule" or "rule" means any rule adopted by the	81
chief of the division of wildlife under section 1531.10 of the	82
Revised Code unless the context indicates otherwise.	83

(E) "Closed season" means that period of time during which	84
the taking of wild animals protected by this chapter and Chapter	85
1533. of the Revised Code is prohibited.	86

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

(G) "Take or taking" includes pursuing, shooting, hunting,	90
killing, trapping, angling, fishing with a trotline, or netting	91
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	92
wild bird, or wild quadruped, and any lesser act, such as	93
wounding, or placing, setting, drawing, or using any other device	94
for killing or capturing any wild animal, whether it results in	95
killing or capturing the animal or not. "Take or taking" includes	96
every attempt to kill or capture and every act of assistance to	97
any other person in killing or capturing or attempting to kill or	98
capture a wild animal.	99

(H) "Possession" means both actual and constructive	100
possession and any control of things referred to.	101

(I) "Bag limit" means the number, measurement, or weight of	102
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	103
birds, and wild quadrupeds permitted to be taken.	104

(J) "Transport and transportation" means carrying or moving	105
or causing to be carried or moved.	106

(K) "Sell and sale" means barter, exchange, or offer or	107
expose for sale.	108

(L) "Whole to include part" means that every provision	109
relating to any wild animal protected by this chapter and Chapter	110
1533. of the Revised Code applies to any part of the wild animal	111
with the same effect as it applies to the whole.	112

(M) "Angling" means fishing with not more than two hand	113
lines, not more than two units of rod and line, or a combination	114
of not more than one hand line and one rod and line, either in	115
hand or under control at any time while fishing. The hand line or	116
rod and line shall have attached to it not more than three baited	117
hooks, not more than three artificial fly rod lures, or one	118
artificial bait casting lure equipped with not more than three	119
sets of three hooks each.	120

(N) "Trotline" means a device for catching fish that	121
consists of a line having suspended from it, at frequent	122
intervals, vertical lines with hooks attached.	123

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

124

(P) "Measurement of fish" means length from the end of the	125
nose to the longest tip or end of the tail.	126

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

127

(R) "Game" includes game birds, game quadrupeds, and	128
fur-bearing animals.	129

(S) "Game birds" includes mourning doves, ringneck	130
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse,	131
pinnated grouse, wild turkey, Hungarian partridge, Chukar	132
partridge, woodcocks, black-breasted plover, golden plover,	133
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail,	134
coots, gallinules, duck, geese, brant, and crows.	135

(T) "Nongame birds" includes all other wild birds not	136
included and defined as game birds.	137

(U) "Wild quadrupeds" includes game quadrupeds and	138
fur-bearing animals.	139

(V) "Game quadrupeds" includes cottontail rabbits, gray	140
squirrels, black squirrels, fox squirrels, red squirrels, flying	141
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	142
wild boar, and black bears.	143

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	144
skunks, opossums, muskrats, fox, beavers, badgers, otters,	145
coyotes, and bobcats.	146

(X) "Wild animals" includes mollusks, crustaceans, aquatic	147
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	148
and all other wild mammals, but does not include domestic deer.	149

(Y) "Hunting" means pursuing, shooting, killing, following	150
after or on the trail of, lying in wait for, shooting at, or	151
wounding wild birds or wild quadrupeds while employing any device	152
commonly used to kill or wound wild birds or wild quadrupeds	153
whether or not the acts result in killing or wounding. "Hunting"	154
includes every attempt to kill or wound and every act of	155
assistance to any other person in killing or wounding or	156
attempting to kill or wound wild birds or wild quadrupeds.	157

(Z) "Trapping" means securing or attempting to secure	158
possession of a wild bird or wild quadruped by means of setting,	159
placing, drawing, or using any device that is designed to close	160
upon, hold fast, confine, or otherwise capture a wild bird or wild	161
quadruped whether or not the means results in capture. "Trapping"	162
includes every act of assistance to any other person in capturing	163
wild birds or wild quadrupeds by means of the device whether or	164
not the means results in capture.	165

(AA) "Muskrat spear" means any device used in spearing	166
muskrats.	167

(BB) "Channels and passages" means those narrow bodies of	168
water lying between islands or between an island and the mainland	169
in Lake Erie.	170

(CC) "Island" means a rock or land elevation above the	171
waters of Lake Erie having an area of five or more acres above	172
water.	173

(DD) "Reef" means an elevation of rock, either broken or in	174
place, or gravel shown by the latest United States chart to be	175
above the common level of the surrounding bottom of the lake,	176
other than the rock bottom, or in place forming the base or	177
foundation rock of an island or mainland and sloping from the	178
shore of it. "Reef" also means all elevations shown by that chart	179
to be above the common level of the sloping base or foundation	180
rock of an island or mainland, whether running from the shore of	181
an island or parallel with the contour of the shore of an island	182
or in any other way and whether formed by rock, broken or in	183
place, or from gravel.	184

(EE) "Fur farm" means any area used exclusively for raising	185
fur-bearing animals or in addition thereto used for hunting game,	186
the boundaries of which are plainly marked as such.	187

(FF) "Waters" includes any lake, pond, reservoir, stream,	188
channel, lagoon, or other body of water, or any part thereof,	189
whether natural or artificial.	190

(GG) "Crib" or "car" refers to that particular compartment	191
of the net from which the fish are taken when the net is lifted.	192

(HH) "Commercial fish" means those species of fish permitted	193
to be taken, possessed, bought, or sold unless otherwise	194
restricted by the Revised Code or division rule and are alewife	195
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	196
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	197
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	198
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	199
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	200
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	201
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	202
freshwater drum or sheepshead (Aplodinotus grunniens), gar	203
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	204
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	205
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	206
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	207
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	208
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	209
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	210
chrysops), white perch (Roccus americanus), and yellow perch	211
(Perca flavescens). When the common name of a fish is used in	212
this chapter or Chapter 1533. of the Revised Code, it refers to	213
the fish designated by the scientific name in this definition.	214

(II) "Fishing" means taking or attempting to take fish by	215
any method, and all other acts such as placing, setting, drawing,	216
or using any device commonly used to take fish whether resulting	217
in a taking or not.	218

(JJ) "Fillet" means the pieces of flesh taken or cut from	219
both sides of a fish, joined to form one piece of flesh.	220

(KK) "Part fillet" means a piece of flesh taken or cut from	221
one side of a fish.	222

(LL) "Round" when used in describing fish means with head	223
and tail intact.	224

(MM) "Migrate" means the transit or movement of fish to or	225
from one place to another as a result of natural forces or	226
instinct and includes, but is not limited to, movement of fish	227
induced or caused by changes in the water flow.	228

(NN) "Spreader bar" means a brail or rigid bar placed across	229
the entire width of the back, at the top and bottom of the cars in	230
all trap, crib, and fyke nets for the purpose of keeping the	231
meshes hanging squarely while the nets are fishing.	232

(OO) "Fishing guide" means any person who, for consideration	233
or hire, operates a boat, rents, leases, or otherwise furnishes	234
angling devices, ice fishing shanties or shelters of any kind, or	235
other fishing equipment, and accompanies, guides, directs, or	236
assists any other person in order for the other person to engage	237
in fishing.	238

(PP) "Net" means fishing devices with meshes composed of	239
twine or synthetic material and includes, but is not limited to,	240
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	241
seines, except minnow seines and minnow dip nets.	242

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	243
nets, dip nets, carp aprons, trotlines, other similar gear, and	244
any boat used in conjunction with that gear, but does not include	245
gill nets.	246

(RR) "Native wildlife" means any species of the animal	247
kingdom indigenous to this state.	248

(SS) "Gill net" means a single section of fabric or netting	249
seamed to a float line at the top and a lead line at the bottom,	250
which is designed to entangle fish in the net openings as they	251
swim into it.	252

(TT) "Tag fishing tournament" means a contest in which a	253
participant pays a fee, or gives other valuable consideration, for	254
a chance to win a prize by virtue of catching a tagged or	255
otherwise specifically marked fish within a limited period of	256
time, but does not include a scheme of chance conducted under	257
division (D)(1) of section 2915.02 of the Revised Code.	258

(UU) "Tenant" means an individual who resides on land for	259
which the individual pays rent and whose annual income is	260
primarily derived from agricultural production conducted on that	261
land, as "agricultural production" is defined in section 929.01 of	262
the Revised Code.	263

(VV) "Nonnative wildlife" means any wild animal not	264
indigenous to this state, but does not include domestic deer.	265

(WW) "Reptiles" includes common musk turtle (sternotherus	266
odoratus), common snapping turtle (Chelydra serpentina	267
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	268
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	269
blandingii), common map turtle (Graptemys geographica), ouachita	270
map turtle (Graptemys pseudogeographica ouachitensis), midland	271
painted turtle (Chrysemys picta marginata), red-eared slider	272
(Trachemys scripta elegans), eastern spiny softshell turtle	273
(Apalone spinifera spinifera), midland smooth softshell turtle	274
(Apalone mutica mutica), northern fence lizard (Sceloporus	275
undulatus hyacinthinus), ground skink (Scincella lateralis),	276
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	277
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	278
European wall lizard (Podarcis muralis), queen snake (Regina	279
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	280
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	281
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	282
erythrogaster neglecta), northern brown snake (Storeria dekayi	283
dekayi), midland brown snake (Storeria dekayi wrightorum),	284
northern redbelly snake (Storeria occipitomaculata	285
occipitomaculata), eastern garter snake (Thamnophis sirtalis	286
sirtalis), eastern plains garter snake (Thamnophis radix radix),	287
Butler's garter snake (Thamnophis butleri), shorthead garter snake	288
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	289
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	290
septentrionalis), eastern hognose snake (Heterodon platirhinos),	291
eastern smooth earth snake (Virginia valeriae valeriae), northern	292
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	293
(Carphophis amoenus helenae), eastern worm snake (Carphophis	294
amoenus amoenus), black racer (Coluber constrictor constrictor),	295
blue racer (Coluber constrictor foxii), rough green snake	296
(opheodrys aestivus), smooth green snake (opheodrys vernalis	297
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	298
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	299
getula nigra), eastern milk snake (Lampropeltis triangulum	300
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	301
eastern massasauga (Sistrurus catenatus catenatus), and timber	302
rattlesnake (Crotalus horridus horridus).	303

(XX) "Amphibians" includes eastern hellbender	304
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus	305
maculosus maculosus), red-spotted newt (Notophthalmus viridescens	306
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	307
spotted salamander (Ambystoma maculatum), blue-spotted salamander	308
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	309
streamside salamander (Ambystoma barbouri), marbled salamander	310
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	311
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	312
mountain dusky salamander (Desmognathus ochrophaeus), redback	313
salamander (Plethodon cinereus), ravine salamander (Plethodon	314
richmondi), northern slimy salamander (Plethodon glutinosus),	315
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	316
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	317
porphyriticus duryi), northern spring salamander (Gyrinophilus	318
porphyriticus porphyriticus), mud salamander (Pseudotriton	319
montanus), northern red salamander (Pseudotriton ruber ruber),	320
green salamander (Aneides aeneus), northern two-lined salamander	321
(Eurycea bislineata), longtail salamander (Eurycea longicauda	322
longicauda), cave salamander (Eurycea lucifuga), southern	323
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	324
woodhousii fowleri), American toad (Bufo americanus), eastern	325
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	326
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	327
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	328
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	329
triseriata), mountain chorus frog (Pseudacris brachyphona),	330
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	331
northern leopard frog (Rana pipiens), pickerel frog (Rana	332
palustris), southern leopard frog (Rana utricularia), and wood	333
frog (Rana sylvatica).	334

(YY) "Deer" means white-tailed deer (Oddocoileus	335
virginianus).	336

(ZZ) "Domestic deer" means nonnative deer that have been	337
legally acquired or their offspring and that are held in private	338
ownership for primarily agricultural purposes.	339

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	340
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules	341
(Rallidae); and woodcock and snipe (Scolopacidae).	342

Sec. 1711.09.  Except as otherwise provided in this section,	343
county agricultural societies, independent agricultural societies,	344
and the Ohio expositions commission shall not permit during any	345
fair, or for one week before or three days thereafterafter any	346
fair, any dealing in spirituous liquors, or at any time allow or	347
tolerate immoral shows, lottery devices, games of chance, or	348
gambling of any kind, including pool selling and paddle wheels,	349
anywhere on the fairground; and shall permit no person at any time	350
to operate any side show, amusement, game, or device, or offer for	351
sale any novelty by auction or solicitation, on suchthe	352
fairground who has not first obtained from the director of	353
agriculture sucha license as is provided byunder section 1711.11	354
of the Revised Code. This section does not prohibit the sale of	355
lottery tickets by the state lottery commission pursuant to	356
Chapter 3770. of the Revised Code at the state fairground during	357
the state fair. In addition, a county or independent agricultural	358
society may permit, at any time except during a fair or for one	359
week before or three days thereafterafter a fair, a charitable	360
organization to conduct in accordance with Chapter 2915. of the	361
Revised Code games of chance, schemes of chance, or bingo on the	362
fairground of a county with a population of 500,000five hundred	363
thousand or less. A charitable organization may lease all or part	364
of the fairground from the agricultural society for that purpose.	365

Any sales of intoxicating liquor transacted on the fairground	366
shall be subject to Chapters 4301., 4303., and 4399. of the	367
Revised Code.	368

Any agricultural society that permits the sale of	369
intoxicating liquor on its fairground shall apply any proceeds	370
gained by suchthe society from the permit holder and from	371
activities coincident to the sale of intoxicating liquor first to	372
pay the cost of insurance on all buildings on suchthe fairground,	373
and then for any other purpose authorized by law.	374

Sec. 2915.01.  As used in this chapter:

375

(A) "Bookmaking" means the business of receiving or paying	376
off bets.	377

(B) "Bet" means the hazarding of anything of value upon the	378
result of an event, undertaking, or contingency, but does not	379
include a bona fide business risk.	380

(C) "Scheme of chance" means a lottery, numbers game, pool,	381
or other scheme in which a participant gives a valuable	382
consideration for a chance to win a prize,but does not include	383
bingo.	384

(D) "Game of chance" means poker, craps, roulette, a slot	385
machine, a punch board, or other game in which a player gives	386
anything of value in the hope of gain, the outcome of which is	387
determined largely or wholly by chance,but does not include	388
bingo.	389

(E) "Scheme or gameGame of chance conducted for profit"	390
means any scheme or game of chance designed to produce income for	391
the person who conducts or operates the scheme or game of chance,	392
but does not include a charitable bingo game.	393

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

394

(1) A book, totalizer, or other equipment for recording	395
bets;	396

(2) A ticket, token, or other device representing a chance,	397
share, or interest in a scheme of chance, except a charitable	398
bingo game, or evidencing a bet;	399

(3) A deck of cards, dice, gaming table, roulette wheel,	400
slot machine, punch board, or other apparatus designed for use in	401
connection with a game of chance;	402

(4) Any equipment, device, apparatus, or paraphernalia	403
specially designed for gambling purposes;	404

(5) Bingo supplies sold or otherwise provided, or used, in	405
violation of this chapter.	406

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

407

(1) A violation of section 2915.02, 2915.03, 2915.04,	408
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	409
2915.092, 2915.10, or 2915.11 of the Revised Code;	410

(2) A violation of an existing or former municipal ordinance	411
or law of this or any other state or the United States	412
substantially equivalent to any section listed in division (G)(1)	413
of this section or a violation of section 2915.06 of the Revised	414
Code as it existed prior to the effective date of this amendment	415
July 1, 1996;	416

(3) An offense under an existing or former municipal	417
ordinance or law of this or any other state or the United States,	418
of which gambling is an element;	419

(4) A conspiracy or attempt to commit, or complicity in	420
committing, any offense under division (G)(1), (2), or (3) of this	421
section.	422

(H) "Charitable organization" means any tax exempt religious,	423
educational, veteran's, fraternal, service, nonprofit medical,	424
volunteer rescue service, volunteer fire fighter'sfirefighter's,	425
senior citizen's, youth athletic, amateur athletic, or youth	426
athletic park organization. An organization is tax exempt if the	427
organization is, and has received from the internal revenue	428
service a determination letter that currently is in effect stating	429
that the organization is, exempt from federal income taxation	430
under subsection 501(a) and described in subsection 501(c)(3),	431
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	432
Revenue Code. To qualify as a charitable organization, an	433
organization, except a volunteer rescue service or volunteer fire	434
fighter'sfirefighter's organization, shall have been in	435
continuous existence as such in this state for a period of two	436
years immediately preceding either the making of an application	437
for a bingo license under section 2915.08 of the Revised Code or	438
the conducting of any scheme of chance or game of chance as	439
provided in division (C)(D) of section 2915.02 of the Revised	440
Code.	441

(I) "Religious organization" means any church, body of	442
communicants, or group that is not organized or operated for	443
profit and that gathers in common membership for regular worship	444
and religious observances.	445

(J) "Educational organization" means any organization within	446
this state that is not organized for profit, the primary purpose	447
of whichand that is organized for educational purposes. As used	448
in this division, "educational purposes" means to provide	449
scholarships, to educate and develop the capabilities of	450
individuals through instruction, and that operatesor to operate	451
or contributescontribute to the support of a school, academy,	452
college, or university.	453

(K) "Veteran's organization" means any individual post of a	454
national veteran's association or an auxiliary unit of any	455
individual post of a national veteran's association, which post or	456
auxiliary unit has been incorporated as a nonprofit corporation	457
for at least two years and has received a letter from the state	458
headquarters of the national veteran's association indicating that	459
the individual post or auxiliary unit is in good standing with the	460
national veteran's association. As used in this division,	461
"national veteran's association" means any veteran's association	462
that has been in continuous existence as such for a period of at	463
least tenfive years and either is incorporated by an act of the	464
United States congress or has a national dues-paying membership of	465
at least five thousand persons.	466

(L) "Volunteer fire fighter'sfirefighter's organization"	467
means any organization of volunteer fire fightersfirefighters, as	468
defined in section 146.01 of the Revised Code, that is organized	469
and operated exclusively to provide financial support for a	470
volunteer fire department or a volunteer fire company.	471

(M) "Fraternal organization" means any society, order, or	472
association within this state, except a college or high school	473
fraternity, that is not organized for profit, that is a branch,	474
lodge, or chapter of a national or state organization, that exists	475
exclusively for the common business or sodality of its members,	476
and that has been in continuous existence in this state for a	477
period of fivetwo years. As used in this division, "national or	478
state organization" means an organization that has been in	479
continuous existence as such for a period of at least five years	480
and that has a national or state dues-paying membership, as	481
applicable.	482

(N) "Volunteer rescue service organization" means any	483
organization of volunteers organized to function as an emergency	484
medical service organization, as defined in section 4765.01 of the	485
Revised Code.	486

(O) "Service organization" means any organization, not	487
organized for profit, that is organized and operated exclusively	488
to provide, or to contribute to the support of organizations or	489
institutions organized and operated exclusively to provide,	490
medical and therapeutic services for persons who are crippled,	491
born with birth defects, or have any other mental or physical	492
defect or those organized and operated exclusively to protect, or	493
to contribute to the support of organizations or institutions	494
organized and operated exclusively to protect, animals from	495
inhumane treatment.	496

(P) "Nonprofit medical organization" means any organization	497
that has been incorporated as a nonprofit corporation for at least	498
five years and that has continuously operated and will be operated	499
exclusively to provide, or to contribute to the support of	500
organizations or institutions organized and operated exclusively	501
to provide, hospital, medical, research, or therapeutic services	502
for the public.	503

(Q) "Senior citizen's organization" means any private	504
organization, not organized for profit, that is organized and	505
operated exclusively to provide recreational or social services	506
for persons who are fifty-five years of age or older and that is	507
described and qualified under subsection 501(c)(3) of the Internal	508
Revenue Code.	509

(R) "Charitable bingo game" means any bingo game described in	510
division (S)(1) or (2) of this section that is conducted by a	511
charitable organization that has obtained a bingo license pursuant	512
to section 2915.08 of the Revised Code and the proceeds of which	513
are used for a charitable purpose.	514

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

515

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

516

(a) The participants use bingo cards or sheets, including	517
paper formats and electronic representation or image formats, that	518
are divided into twenty-five spaces arranged in five horizontal	519
and five vertical rows of spaces, with each space, except the	520
central space, being designated by a combination of a letter and a	521
number and with the central space being designated as a free	522
space.	523

(b) The participants cover the spaces on the bingo cards or	524
sheets that correspond to combinations of letters and numbers that	525
are announced by a bingo game operator.	526

(c) A bingo game operator announces combinations of letters	527
and numbers that appear on objects that a bingo game operator	528
selects by chance, either manually or mechanically, from a	529
receptacle that contains seventy-five objects at the beginning of	530
each game, each object marked by a different combination of a	531
letter and a number that corresponds to one of the seventy-five	532
possible combinations of a letter and a number that can appear on	533
the bingo cards or sheets.	534

(d) The winner of the bingo game includes any participant	535
who properly announces during the interval between the	536
announcements of letters and numbers as described in division	537
(S)(1)(c) of this section, that a predetermined and preannounced	538
pattern of spaces has been covered on a bingo card or sheet being	539
used by the participant.	540

(2) Any scheme or game other than a game as defined in	541
division (S)(1) of this section with the following	542
characteristics:	543

(a) The participants use cards, sheets, or other devices	544
that are divided into spaces arranged in horizontal, vertical, or	545
diagonal rows of spaces, with each space, except free spaces,	546
being designated by a single letter, number, or symbol; by a	547
combination of letters, numbers, or symbols; by a combination of a	548
letter and a number, a letter and a symbol, or a number and a	549
symbol; or by any combination of letters, numbers, and symbols,	550
with some or none of the spaces being designated as a free,	551
complimentary, or similar space.	552

(b) The participants cover the spaces on the cards, sheets,	553
or devices that correspond to letters, numbers, symbols, or	554
combinations of such that are announced by a bingo game operator	555
or otherwise transmitted to the participants.	556

(c) A bingo game operator announces, or otherwise transmits	557
to the participants, letters, numbers, symbols, or any combination	558
of such as set forth in division (S)(2)(a) of this section that	559
appear on objects that a bingo game operator selects by chance	560
that correspond to one of the possible letters, numbers, symbols,	561
or combinations of such that can appear on the bingo cards,	562
sheets, or devices.	563

(d) The winner of the bingo game is any participant who	564
properly announces that a predetermined and preannounced pattern	565
of spaces has been covered on a card, sheet, or device being used	566
by the participantInstant bingo, punch boards, and raffles.	567

(T) "Conduct" means to back, promote, organize, manage, carry	568
on, sponsor, or prepare for the operation of a schemebingo or a	569
game of chance but does not include any act performed by a bingo	570
game operator.	571

(U) "Bingo game operator" means any person, except security	572
personnel, who performs work or labor at the site of a bingo game,	573
including, but not limited to, collecting money from participants,	574
handing out bingo cards or sheets or objects to cover spaces on	575
the bingo cards or sheets, selecting from a receptacle the objects	576
that contain the combination of letters and numbers that appear on	577
the bingo cards or sheets, calling out the combinations of letters	578
and numbers, distributing prizes to the winner of the bingo game,	579
selling or redeeming instant bingo tickets or cards, supervising	580
the operation of a punch board, selling raffle tickets, selecting	581
raffle tickets from a receptacle and announcing the winning	582
numbers in a raffle, and preparing, selling, and serving food or	583
beverages.	584

(V) "Participant" means any person who plays bingo by	585
covering the spaces on a bingo card that correspond to	586
combinations of letters and numbers that are announced by a bingo	587
game operator.	588

(W) "Bingo session" means a period, not to exceed five	589
continuous hours, during which a person conducts one or more bingo	590
games described in division (S)(1) of this section.	591

(X) "Gross receipts" means all money or assets, including	592
admission fees, that a person receives from a bingo session that	593
the person conducts without the deduction of any amounts for	594
prizes paid out during the session or for the expenses of	595
conducting the bingo session. "Gross receipts" does not include	596
any money directly taken in from the sale of food or beverages by	597
a charitable organization conducting a bingo session, or by a bona	598
fide auxiliary unit or society of a charitable organization, at a	599
bingo session conducted by the charitable organizationconducting	600
bingo, provided all of the following apply:	601

(1) The auxiliary unit or society has been in existence as a	602
bona fide auxiliary unit or society of the charitable organization	603
for at least two years prior to theconducting bingo session.	604

(2) The person who purchases the food or beverage receives	605
nothing of value except the food or beverage and items customarily	606
received with the purchase of that food or beverage.	607

(3) The food and beverages are sold at customary and	608
reasonable prices.	609

(4) No person preparing, selling, or serving the food or	610
beverages at the site of the bingo game receives directly or	611
indirectly any form of compensation for the preparation, sale, or	612
service of the food or beverages.	613

(Y) "Security personnel" includes any person who either is a	614
sheriff, deputy sheriff, marshal, deputy marshal, township	615
constable, or member of an organized police department of a	616
municipal corporation or has successfully completed a peace	617
officer's training course pursuant to sections 109.71 to 109.79 of	618
the Revised Code and who is hired to provide security for the	619
premises on which a bingo game is conducted.	620

(Z) "To use gross receipts for a charitableCharitable	621
purpose" means that the proceedsnet profit of the bingo game are,	622
other than instant bingo, is used by, or is given, donated, or	623
otherwise transferred to, any of the following:	624

(1) Any organization that is described in subsection	625
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	626
and is either a governmental unit or an organization that is tax	627
exempt under subsection 501(a) and described in subsection	628
501(c)(3) of the Internal Revenue Code; that the proceeds of the	629
bingo game are used by, or given, donated, or otherwise	630
transferred to a	631

(2)A veteran's organization, as defined in division (K) of	632
this section, that is a post, chapter, or organization of war	633
veterans, or an auxiliary unit or society of, or a trust or	634
foundation for, any such post, chapter, or organization organized	635
in the United States or any of its possessions, at least	636
seventy-five per cent of the members of which are war veterans and	637
substantially all of the other members of which are individuals	638
who are veterans (but not war veterans) or are cadets, or are	639
spouses, widows, or widowers of war veterans, or such individuals,	640
provided that no part of the net earnings of such post, chapter,	641
or organization inures to the benefit of any private shareholder	642
or individual, and further provided that the bingo game proceeds	643
arenet profit is used by the post, chapter, or organization for	644
the charitable purposes set forth in division (B)(12) of section	645
5739.02 of the Revised Code, areis used for awarding scholarships	646
to or for attendance at an institution mentioned in division	647
(B)(12) of section 5739.02 of the Revised Code, areis donated to	648
a governmental agency, or areis used for nonprofit youth	649
activities, the purchase of United States or Ohio flags that are	650
donated to schools, youth groups, or other bona fide nonprofit	651
organizations, promotion of patriotism, or disaster relief; that	652
the proceeds of the bingo game are used by, or given, donated, or	653
otherwise transferred to a	654

(3) A fraternal organization that has been in continuous	655
existence in this state for fifteen years for useuses the net	656
profit exclusively for religious, charitable, scientific,	657
literary, or educational purposes, or for the prevention of	658
cruelty to children or animals, and contributions for such use	659
would qualify as a deductible charitable contribution under	660
subsection 170 of the Internal Revenue Code; or that the proceeds	661
of the bingo game are used by a	662

(4)A volunteer fire fighter'sfirefighter's organization and	663
are used by the organizationthat uses the net profit for the	664
purposes set forth in division (L) of this section.	665

(AA) "Internal Revenue Code" means the "Internal Revenue Code	666
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	667
amended.	668

(BB) "Youth athletic organization" means any organization,	669
not organized for profit, that is organized and operated	670
exclusively to provide financial support to, or to operate,	671
athletic activities for persons who are twenty-one years of age or	672
younger by means of sponsoring, organizing, operating, or	673
contributing to the support of an athletic team, club, league, or	674
association.	675

(CC) "Youth athletic park organization" means any	676
organization, not organized for profit, that satisfies both of the	677
following:	678

(1) It owns, operates, and maintains playing fields that	679
satisfy both of the following:	680

(a) The playing fields are used at least one hundred days	681
per year for athletic activities by one or more organizations, not	682
organized for profit, each of which is organized and operated	683
exclusively to provide financial support to, or to operate,	684
athletic activities for persons who are eighteen years of age or	685
younger by means of sponsoring, organizing, operating, or	686
contributing to the support of an athletic team, club, league, or	687
association.	688

(b) The playing fields are not used for any profit-making	689
activity at any time during the year.	690

(2) It uses the proceeds of the bingo games it conducts	691
exclusively for the operation, maintenance, and improvement of its	692
playing fields of the type described in division (CC)(1) of this	693
section.	694

(DD) "Amateur athletic organization" means any organization,	695
not organized for profit, that is organized and operated	696
exclusively to provide financial support to, or to operate,	697
athletic activities for persons who are training for amateur	698
athletic competition that is sanctioned by a national governing	699
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	700
3045, 36 U.S.C.A. 373.	701

(EE) "Bingo supplies" means bingo cards or sheets offered in	702
single cards or sheets or in packets that have a common serial	703
number and a unique card or sheet number; instant bingo tickets or	704
cards; electronic bingo aids; raffle tickets; punch boards; seal	705
cards; instant bingo ticket dispensers; and devices for selecting	706
or displaying the combination of bingo letters and numbers or	707
raffle tickets. Items that are "bingo supplies" are not gambling	708
devices if sold or otherwise provided, and used, in accordance	709
with this chapter. For purposes of this chapter, "bingo supplies"	710
are not to be considered equipment used to conduct a bingo game.	711

(FF) "Instant bingo" means a form of bingo that uses folded	712
or banded tickets or paper cards with perforated break-open tabs,	713
a face of which is covered or otherwise hidden from view to	714
conceal a number, letter, or symbol, or set of numbers, letters,	715
or symbols, some of which have been designated in advance as prize	716
winners. "Instant bingo" includes seal cards. "Instant bingo"	717
does not include any device that is activated by the insertion of	718
a coin, currency, token, or an equivalent, and that contains as	719
one of its components a video display monitor that is capable of	720
displaying numbers, letters, symbols, or characters in winning or	721
losing combinations.	722

(GG) "Seal card" means a form of instant bingo that uses	723
instant bingo tickets in conjunction with a board or placard that	724
contains one or more seals that, when removed or opened, reveal	725
predesignated winning numbers, letters, or symbols.	726

(HH) "Raffle" means a form of bingo in which the one or more	727
prizes are won by one or more persons who have purchased a raffle	728
ticket. The one or more winners of the raffle are determined by	729
drawing a ticket stub or other detachable section from a	730
receptacle containing ticket stubs or detachable sections	731
corresponding to all tickets sold for the raffle.	732

(II) "Punch board" means a board containing a number of holes	733
or receptacles of uniform size in which are placed, mechanically	734
and randomly, serially numbered slips of paper that may be punched	735
or drawn from the hole or receptacle when used in conjunction with	736
instant bingo. A player may punch or draw the numbered slips of	737
paper from the holes or receptacles and obtain the prize	738
established for the game if the number drawn corresponds to a	739
winning number or, if the punch board includes the use of a seal	740
card, a potential winning number.	741

(JJ) "Gross profit" means gross receipts minus the amount	742
actually expended for the payment of prize awards.	743

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

744

(LL) "Expenses" means the reasonable amount of gross profit	745
actually expended for all of the following:	746

(1) The purchase or lease of bingo supplies;

747

(2) The annual license fee required under section 2915.08 of	748
the Revised Code;	749

(3) Bank fees and service charges for a bingo session or game	750
account described in section 2915.10 of the Revised Code;	751

(4) Audits and accounting services;

752

(5) Safes;

753

(6) Cash registers;

754

(7) Hiring security personnel;

755

(8) Advertising bingo;

756

(9) Renting premises in which to conduct bingo;

757

(10) Tables and chairs;

758

(11) Any other product or service directly related to the	759
conduct of bingo that is authorized in rules adopted by the	760
attorney general under division (B)(1) of section 2915.08 of the	761
Revised Code.	762

(MM) "Person" has the same meaning as in section 1.59 of the	763
Revised Code and includes any firm or any other legal entity,	764
however organized.	765

(NN) "Revoke" means to void permanently all rights and	766
privileges of the holder of a license issued under section	767
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	768
gaming license issued by another jurisdiction.	769

(OO) "Suspend" means to interrupt temporarily all rights and	770
privileges of the holder of a license issued under section	771
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	772
gaming license issued by another jurisdiction.	773

(PP) "Distributor" means any person who purchases or obtains	774
bingo supplies and who sells, offers for sale, or otherwise	775
provides or offers to provide the bingo supplies to another person	776
for use in this state.	777

(QQ) "Manufacturer" means any person who assembles completed	778
bingo supplies from raw materials, other items, or subparts or who	779
modifies, converts, adds to, or removes parts from bingo supplies	780
to further their promotion or sale.	781

(RR) "Gross annual revenues" means the annual gross receipts	782
derived from the conduct of bingo described in division (S)(1) of	783
this section plus the annual net profit derived from the conduct	784
of bingo described in division (S)(2) of this section.	785

(SS) "Instant bingo ticket dispenser" means a mechanical	786
device that dispenses an instant bingo ticket or card as the sole	787
item of value dispensed and that has the following	788
characteristics:	789

(1) It is activated upon the insertion of United States	790
currency.	791

(2) It performs no gaming functions.

792

(3) It does not contain a video display monitor or generate	793
noise.	794

(4) It is not capable of displaying any numbers, letters,	795
symbols, or characters in winning or losing combinations.	796

(5) It does not simulate or display rolling or spinning	797
reels.	798

(6) It is incapable of determining whether a dispensed	799
bingo ticket or card is a winning or nonwinning ticket or card and	800
requires a winning ticket or card to be paid by a bingo game	801
operator.	802

(7) It may provide accounting and security features to aid	803
in accounting for the instant bingo tickets or cards it dispenses.	804

(8) It is not part of an electronic network and is not	805
interactive.	806

(TT)(1) "Electronic bingo aid" means an electronic device	807
used by a participant to monitor bingo cards or sheets purchased	808
at the time and place of a bingo session and that does all of the	809
following:	810

(a) It provides a means for a participant to input numbers	811
and letters announced by a bingo caller.	812

(b) It compares the numbers and letters entered by the	813
participant to the bingo faces previously stored in the memory of	814
the device.	815

(c) It identifies a winning bingo pattern.

816

(2) "Electronic bingo aid" does not include any device into	817
which a coin, currency, token, or an equivalent is inserted to	818
activate play.	819

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

820

(1) Engage in bookmaking, or knowingly engage in conduct	821
that facilitates bookmaking;	822

(2) Establish, promote, or operate or knowingly engage in	823
conduct that facilitates any scheme or game of chance conducted	824
for profit or any scheme of chance;	825

(3) Knowingly procure, transmit, exchange, or engage in	826
conduct that facilitates the procurement, transmission, or	827
exchange of information for use in establishing odds or	828
determining winners in connection with bookmaking or with any	829
scheme or game of chance conducted for profit or any scheme of	830
chance;	831

(4) Engage in betting or in playing any scheme or game of	832
chance, except a charitable bingo game, as a substantial source of	833
income or livelihood;	834

(5) With purpose to violate division (A)(1), (2), (3), or	835
(4) of this section, acquire, possess, control, or operate any	836
gambling device.	837

(B) For purposes of division (A)(1) of this section, a	838
person facilitates bookmaking if the person in any way knowingly	839
aids an illegal bookmaking operation, including, without	840
limitation, placing a bet with a person engaged in or facilitating	841
illegal bookmaking. For purposes of division (A)(2) of this	842
section, a person facilitates a scheme or game of chance conducted	843
for profit or a scheme of chance if the person in any way	844
knowingly aids in the conduct or operation of any such scheme or	845
game or scheme, including, without limitation, playing any such	846
scheme or game or scheme.	847

(C) This section does not prohibit conduct in connection	848
with gambling expressly permitted by law.	849

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

850

(1) Schemes of chance conducted by a charitable organization	851
that is, and has received from the internal revenue service a	852
determination letter that is currently in effect stating that the	853
organization is, exempt from federal income taxation under	854
subsection 501(a) and described in subsection 501(c)(3) of the	855
Internal Revenue Code, provided that all of the money or assets	856
received from the scheme of chance after deduction only of prizes	857
paid out during the conduct of the scheme of chance are used by,	858
or given, donated, or otherwise transferred to, any organization	859
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	860
of the Internal Revenue Code and is either a governmental unit or	861
an organization that is tax exempt under subsection 501(a) and	862
described in subsection 501(c)(3) of the Internal Revenue Code,	863
and provided that the scheme of chance is not conducted during, or	864
within ten hours of, a bingo game conducted for amusement purposes	865
only pursuant to section 2915.12 of the Revised Code;	866

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

867

(a) The games of chance are not craps for money, roulette	868
for money, or slot machines;.	869

(b) The games of chance are conducted by a charitable	870
organization that is, and has received from the internal revenue	871
service a determination letter that is currently in effect,	872
stating that the organization is, exempt from federal income	873
taxation under subsection 501(a) and described in subsection	874
501(c)(3) of the Internal Revenue Code;.	875

(c) The games of chance are conducted at festivals of the	876
charitable organization that are conducted either for a period of	877
four consecutive days or less and not more than twice a year or	878
for a period of five consecutive days not more than once a year,	879
and are conducted on premises owned by the charitable organization	880
for a period of no less than one year immediately preceding the	881
conducting of the games of chance, on premises leased from a	882
governmental unit, or on premises that are leased from a veteran's	883
or fraternal organization and that have been owned by the lessor	884
veteran's or fraternal organization for a period of no less than	885
one year immediately preceding the conducting of the games of	886
chance.	887

A charitable organization shall not lease premises from a	888
veteran's or fraternal organization to conduct a festival	889
described in division (D)(2)(1)(c) of this section if the	890
veteran's or fraternal organization already has leased the	891
premises four times during the preceding year to charitable	892
organizations for that purpose. If a charitable organization	893
leases premises from a veteran's or fraternal organization to	894
conduct a festival described in division (D)(2)(1)(c) of this	895
section, the charitable organization shall not pay a rental rate	896
for the premises per day of the festival that exceeds the rental	897
rate per bingo session that a charitable organization may pay	898
under division (A)(3)(B)(1) of section 2915.09 of the Revised Code	899
when it leases premises from another charitable organization to	900
conduct bingo games.	901

(d) All of the money or assets received from the games of	902
chance after deduction only of prizes paid out during the conduct	903
of the games of chance are used by, or given, donated, or	904
otherwise transferred to, any organization that is described in	905
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	906
Revenue Code and is either a governmental unit or an organization	907
that is tax exempt under subsection 501(a) and described in	908
subsection 501(c)(3) of the Internal Revenue Code;	909

(e) The games of chance are not conducted during, or within	910
ten hours of, a bingo game conducted for amusement purposes only	911
pursuant to section 2915.12 of the Revised Code.	912

No person shall receive any commission, wage, salary, reward,	913
tip, donation, gratuity, or other form of compensation, directly	914
or indirectly, for operating or assisting in the operation of any	915
scheme or game of chance.	916

(3)(2) Any tag fishing tournament operated under a permit	917
issued under section 1533.92 of the Revised Code, as "tag fishing	918
tournament" is defined in section 1531.01 of the Revised Code;	919

(3) Bingo conducted by a charitable organization that holds	920
a license issued under section 2915.08 of the Revised Code.	921

(E) Division (D) of this section shall not be construed to	922
authorize the sale, lease, or other temporary or permanent	923
transfer of the right to conduct schemes of chance or games of	924
chance, as granted by that division (D) of this section, by any	925
charitable organization that is granted that right.	926

(F) Whoever violates this section is guilty of gambling, a	927
misdemeanor of the first degree. If the offender previously has	928
been convicted of any gambling offense, gambling is a felony of	929
the fifth degree.	930

Sec. 2915.05.  (A) No person, with purpose to defraud or	931
knowing that the person is facilitating a fraud, shall engage in	932
conduct designed to corrupt the outcome of any of the following:	933

(1) The subject of a bet;

934

(2) A contest of knowledge, skill, or endurance that is not	935
an athletic or sporting event;	936

(3) A scheme or game of chance;

937

(4) Bingo.

938

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

939

(1) Offer, give, solicit, or accept anything of value to	940
corrupt the outcome of an athletic or sporting event;	941

(2) Engage in conduct designed to corrupt the outcome of an	942
athletic or sporting event.	943

(C)(1) Whoever violates division (A) of this section is	944
guilty of cheating,. Except as otherwise provided in this	945
division, cheating is a misdemeanor of the first degree. If the	946
potential gain from the cheating is five hundred dollars or more	947
or if the offender previously has been convicted of any gambling	948
offense or of any theft offense, as defined in section 2913.01 of	949
the Revised Code, cheating is a felony of the fifth degree.	950

(2) Whoever violates division (B) of this section is guilty	951
of corrupting sports. Corrupting sports is a felony of the fifth	952
degree on a first offense and a felony of the fourth degree on	953
each subsequent offense.	954

Sec. 2915.07.  (A) No person, except a charitable	955
organization that has obtained a bingo license pursuant to section	956
2915.08 of the Revised Code, shall conduct or advertise a bingo	957
game. This division does not apply to a raffle that a charitable	958
organization conducts or advertises.	959

(B) Whoever violates this section is guilty of conducting an	960
illegal bingo game, a felony of the fourth degree.	961

Sec. 2915.08.  (A)(1) Annually before the first day of	962
January, a charitable organization that desires to conduct bingo	963
games shall make out and deliver to the attorney general, upon a	964
form to be furnished by the attorney general for that purpose, an	965
application for a license to conduct bingo and deliver that	966
application to the attorney general together with a license fee of	967
oneas follows:	968

(a) Five hundred dollars or afor a charitable	969
organization's initial license application or for a charitable	970
organization whose gross annual revenues are fifty thousand	971
dollars or less;	972

(b) One thousand five hundred dollars for a charitable	973
organization whose gross annual revenues exceed fifty thousand	974
dollars but do not exceed three hundred thousand dollars;	975

(c) Two thousand five hundred dollars for a charitable	976
organization whose gross annual revenues exceed three hundred	977
thousand dollars;	978

(d) A reduced license fee established by the attorney general	979
pursuant to division (G) of this section. The	980

(2) The application shall be in the form prescribed by the	981
attorney general and, shall be signed and sworn to by the	982
applicant.	983

The application, and shall contain all of the following:

984

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

985

(2)(b) A statement that the applicant is a charitable	986
organization and that it has been in continuous existence as a	987
charitable organization in this state for two years immediately	988
preceding the making of the application or for five years in the	989
case of a fraternal organization or a nonprofit medical	990
organization;	991

(3)(c) The location at which the organization will conduct	992
the bingo game, which location shall be within the county in which	993
the principal place of business of the applicant is located, the	994
days of the week and the times on each of those days when a bingo	995
session will be conducted, whether the organization owns, leases,	996
or subleases the premises, and a copy of the rental agreement if	997
it leases or subleases the premises;	998

(4)(d) A statement of the applicant's previous history,	999
record, and association that is sufficient to establish that the	1000
applicant is a charitable organization, and a copy of a	1001
determination letter that is issued by the Internal Revenue	1002
Service and states that the organization is tax exempt under	1003
subsection 501(a) and described in subsection 501(c)(3),	1004
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	1005
Revenue Code;	1006

(5)(e) A statement as to whether the applicant has ever had	1007
any previous application refused, whether it previously has had a	1008
license revoked or suspended, and the reason stated by the	1009
attorney general for the refusal, revocation, or suspension;	1010

(6)(f) A statement of the charitable purposepurposes for	1011
which the bingo proceedsnet profit derived from bingo, other than	1012
instant bingo, will be used, and a statement of how the net profit	1013
derived from instant bingo will be distributed in accordance with	1014
section 2915.101 of the Revised Code;	1015

(7)(g) Other necessary and reasonable information that the	1016
attorney general may require by rule adopted pursuant to section	1017
111.15 of the Revised Code;	1018

(8)(h) If the applicant is a charitable trust as defined in	1019
section 109.23 of the Revised Code, a statement as to whether it	1020
has registered with the attorney general pursuant to section	1021
109.26 of the Revised Code or filed annual reports pursuant to	1022
section 109.31 of the Revised Code, and, if it is not required to	1023
do either, the exemption in section 109.26 or 109.31 of the	1024
Revised Code that applies to it;	1025

(9)(i) If the applicant is a charitable organization as	1026
defined in section 1716.01 of the Revised Code, a statement as to	1027
whether it has filed with the attorney general a registration	1028
statement pursuant to section 1716.02 of the Revised Code and a	1029
financial report pursuant to section 1716.04 of the Revised Code,	1030
and, if it is not required to do both, the exemption in section	1031
1716.03 of the Revised Code that applies to it;	1032

(10)(j) In the case of an applicant seeking to qualify as a	1033
youth athletic park organization under division (CC) of section	1034
2915.01 of the Revised Code, a statement issued by a board or body	1035
vested with authority under Chapter 755. of the Revised Code for	1036
the supervision and maintenance of recreation facilities in the	1037
territory in which the organization is located, certifying that	1038
the playing fields owned by the organization were used for at	1039
least one hundred days during the year in which the statement is	1040
issued, and were open for use to all residents of that territory,	1041
regardless of race, color, creed, religion, sex, or national	1042
origin, for athletic activities by youth athletic organizations,	1043
as defined in division (BB) of section 2915.01 of the Revised	1044
Code, that do not discriminate on the basis of race, color, creed,	1045
religion, sex, or national origin, and that the fields were not	1046
used for any profit-making activity at any time during the year.	1047
That type of board or body is authorized to issue the statement	1048
upon request and shall issue the statement if it finds that the	1049
applicant's playing fields were so used.	1050

(3) The attorney general, within thirty days after receiving	1051
a timely filed application from a charitable organization that has	1052
been issued a bingo license under this section that has not	1053
expired and has not been revoked or suspended, shall send a	1054
temporary permit to the applicant specifying the date on which the	1055
application was filed with the attorney general and stating that,	1056
pursuant to section 119.06 of the Revised Code, the applicant may	1057
continue to conduct bingo games until a new license is granted or,	1058
if the application is rejected, until fifteen days after notice of	1059
the rejection is mailed to the applicant. The temporary permit	1060
does not affect the validity of the applicant's application and	1061
does not grant any rights to the applicant except those rights	1062
specifically granted in section 119.06 of the Revised Code. The	1063
issuance of a temporary permit by the attorney general pursuant to	1064
this paragraphdivision does not prohibit the attorney general	1065
from rejecting the applicant's application because of acts that	1066
the applicant committed, or actions that the applicant failed to	1067
take, before or after the issuance of the temporary permit.	1068

(4) Within thirty days after receiving an initial license	1069
application from a charitable organization to conduct bingo, the	1070
attorney general shall conduct a preliminary review of the	1071
application and notify the applicant regarding any deficiencies.	1072
Beginning on the thirtieth day after the application is filed, if	1073
the attorney general failed to notify the applicant of any	1074
deficiencies, the attorney general shall have an additional sixty	1075
days to conduct an investigation and either grant or deny the	1076
application based on findings established and communicated in	1077
accordance with divisions (B) and (E) of this section. As an	1078
option to granting or denying an initial license application, the	1079
attorney general may grant a temporary license and request	1080
additional time to conduct the investigation if the attorney	1081
general has cause to believe that additional time is necessary to	1082
complete the investigation and has notified the applicant in	1083
writing about the specific concerns raised during the	1084
investigation.	1085

(B)(1) The attorney general shall adopt rules to enforce	1086
division (B)(3) of section 4301.03 and sections 2915.01, 2915.02,	1087
and 2915.07 to 2915.12 of the Revised Code to ensure that bingo	1088
games areis conducted in accordance with that division and those	1089
sections, and to maintain proper control over the conduct of bingo	1090
games. The rules, except rules adopted pursuant to division	1091
divisions (A)(7)(2)(g) and (G) of this section, shall be adopted	1092
pursuant to Chapter 119. of the Revised Code. The attorney	1093
general shall license charitable organizations to conduct bingo	1094
games in conformance with this chapter and with the licensing	1095
provisions of Chapter 119. of the Revised Code.	1096

(2) The attorney general may refuse to grant a bingo license	1097
to any organization, or revoke or suspend the license of any	1098
organization, that does any of the following or to which any of	1099
the following applies:	1100

(a) Fails or has failed at any time to meet any requirement	1101
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	1102
2915.11 of the Revised Code, or violates or has violated any	1103
provision of sections 2915.02 or 2915.07 to 2915.12 of the Revised	1104
Code or any rule adopted by the attorney general pursuant to this	1105
section;	1106

(b) Makes or has made an incorrect or false statement that	1107
is material to the granting of the license in an application filed	1108
pursuant to division (A) of this section;	1109

(c) Submits or has submitted any incorrect or false	1110
information relating to an application if the information is	1111
material to the granting of the license;	1112

(d) Maintains or has maintained any incorrect or false	1113
information that is material to the granting of the license in the	1114
records required to be kept pursuant to divisiondivisions (A) and	1115
(C) of section 2915.10 of the Revised Code, if applicable;	1116

(e) The attorney general has good cause to believe that the	1117
organization will not conduct its bingo games in accordance with	1118
sections 2915.02 and 2915.07 to 2915.12 of the Revised Code or	1119
with any rule adopted by the attorney general pursuant to this	1120
section.	1121

(3) For the purposes of this division (B) of this section,	1122
any action of an officer, trustee, agent, representative, or bingo	1123
game operator of an organization is an action of the organization.	1124

(C) The attorney general may grant bingo licenses to	1125
charitable organizations that are branches, lodges, or chapters of	1126
national charitable organizations.	1127

(D) The attorney general shall send notice in writing to the	1128
prosecuting attorney and sheriff of the county in which the	1129
organization will conduct the bingo game, as stated in its	1130
application for a license or amended license, and to any other law	1131
enforcement agency in that county that so requests, of all of the	1132
following:	1133

(1) The issuance of the license;

1134

(2) The issuance of the amended license;

1135

(3) The rejection of an application for and refusal to grant	1136
a license;	1137

(4) The revocation of any license previously issued;

1138

(5) The suspension of any license previously issued.

1139

(E) A bingo license issued by the attorney general shall set	1140
forth the information contained on the application of the	1141
charitable organization that the attorney general determines is	1142
relevant, including, but not limited to, the location at which the	1143
organization will conduct the bingo game and the days of the week	1144
and the times on each of those days when a bingo session will be	1145
conducted. If the attorney general refuses to grant or revokes or	1146
suspends a bingo license, the attorney general shall notify the	1147
applicant in writing and specifically identify the reason for the	1148
refusal, revocation, or suspension in narrative form and, if	1149
applicable, by identifying the section of the Revised Code	1150
violated. The failure of the attorney general to give the written	1151
notice of the reasons for the refusal, revocation, or suspension	1152
or a mistake in the written notice does not affect the validity of	1153
the attorney general's refusal to grant, or the revocation or	1154
suspension of, a bingo license. If the attorney general fails to	1155
give the written notice or if there is a mistake in the written	1156
notice, the applicant may bring an action to compel the attorney	1157
general to comply with this division or to correct the mistake,	1158
but the attorney general's order refusing to grant, or revoking or	1159
suspending, a bingo license shall not be enjoined during the	1160
pendency of the action.	1161

(F) A charitable organization that has been issued a bingo	1162
license pursuant to division (B) of this section but that cannot	1163
conduct bingo sessions at the location, or on the day of the week	1164
or at the time, specified on the license due to circumstances	1165
beyond its controlthat make it impractical to do so may apply,	1166
without charge, in writing, together with an application fee of	1167
two hundred fifty dollars, to the attorney general for, at least	1168
thirty days prior to a change in location, day of the week, or	1169
time, and request an amended bingo license. The application shall	1170
describe in detail the causes making it impossibleimpractical for	1171
the organization to conduct its bingo sessions in conformity with	1172
its license and shall indicate the location, days of the week, and	1173
times on each of those days when it desires to conduct a bingo	1174
session. If the attorney general approves the application for the	1175
amended license, the. Except as otherwise provided in this	1176
division, the attorney general shall issue the amended license in	1177
accordance with division (E) of this section, and the organization	1178
shall surrender its original license to the attorney general. The	1179
attorney general shallmay refuse to grant an application for an	1180
amended bingo license according to the terms of division (B) of	1181
this section.	1182

(G) The attorney general, by rule adopted pursuant to	1183
section 111.15 of the Revised Code, shall establish a schedule of	1184
reduced license fees for charitable organizations that desire to	1185
conduct bingo games during fewer than twenty-six weeks in any	1186
calendar year.	1187

Sec. 2915.081.  (A) No distributor shall sell, offer to sell,	1188
or otherwise provide or offer to provide bingo supplies to another	1189
person for use in this state without having obtained a license	1190
from the attorney general under this section.	1191

(B) The attorney general may issue a distributor license to	1192
any person that meets the requirements of this section. The	1193
application for the license shall be on a form prescribed by the	1194
attorney general and be accompanied by the annual fee prescribed	1195
by this section. The license is valid for a period of one year,	1196
and the annual fee for the license is two thousand five hundred	1197
dollars.	1198

(C) The attorney general may refuse to issue a distributor	1199
license to any person to which any of the following applies, or to	1200
any person that has an officer, partner, or other person who has	1201
an ownership interest of ten per cent or more and to whom any of	1202
the following applies:	1203

(1) The person, officer, or partner has been convicted of a	1204
felony under the laws of this state, another state, or the United	1205
States.	1206

(2) The person, officer, or partner has been convicted of any	1207
gambling offense.	1208

(3) The person, officer, or partner has made an incorrect or	1209
false statement that is material to the granting of a license in	1210
an application submitted to the attorney general under this	1211
section or in a similar application submitted to a gambling	1212
licensing authority in another jurisdiction if the statement	1213
resulted in license revocation through administrative action in	1214
the other jurisdiction.	1215

(4) The person, officer, or partner has submitted any	1216
incorrect or false information relating to the application to the	1217
attorney general under this section, if the information is	1218
material to the granting of the license.	1219

(5) The person, officer, or partner has failed to correct any	1220
incorrect or false information that is material to the granting of	1221
the license in the records required to be maintained under	1222
division (E) of section 2915.10 of the Revised Code.	1223

(6) The person, officer, or partner has had a license related	1224
to gambling revoked or suspended under the laws of this state,	1225
another state, or the United States.	1226

(D) The attorney general shall not issue a distributor	1227
license to any person that is involved in the conduct of bingo on	1228
behalf of a charitable organization or that is a lessor of	1229
premises used for the conduct of bingo. This division does not	1230
prohibit a distributor from advising charitable organizations on	1231
the use and benefit of specific bingo supplies or prohibit a	1232
distributor from advising a customer on operational methods to	1233
improve bingo profitability.	1234

(E)(1) No distributor shall sell, offer to sell, or otherwise	1235
provide or offer to provide bingo supplies to any person for use	1236
in this state except to a charitable organization that has been	1237
issued a license under section 2915.08 of the Revised Code or to	1238
another distributor that has been issued a license under this	1239
section. No distributor shall accept payment for the sale or	1240
other provision of bingo supplies other than by check.	1241

(2) No distributor shall provide a charitable organization	1242
with free samples of instant bingo tickets or cards, punch boards,	1243
or seal cards. No distributor may donate, give, loan, lease, or	1244
otherwise provide any bingo supplies or equipment to a charitable	1245
organization for use in a bingo session conditioned on or in	1246
consideration for an exclusive right to provide bingo supplies to	1247
the charitable organization.	1248

(3) No distributor shall purchase bingo supplies for use in	1249
this state from any person except from a manufacturer issued a	1250
license under section 2915.082 of the Revised Code or from another	1251
distributor issued a license under this section. Subject to	1252
division (D) of section 2915.082 of the Revised Code, no	1253
distributor shall pay for purchased bingo supplies other than by	1254
check.	1255

(4) No distributor shall participate in the conduct of bingo	1256
on behalf of a charitable organization or have any direct or	1257
indirect ownership interest in a premises used for the conduct of	1258
bingo.	1259

(5) No distributor shall knowingly solicit, offer, pay, or	1260
receive any kickback, bribe, or undocumented rebate, directly or	1261
indirectly, overtly or covertly, in cash or in kind, in return for	1262
providing bingo supplies to any person in this state.	1263

(6) No distributor shall sell, offer to sell, lease, offer to	1264
lease, or otherwise provide or offer to provide bingo cards or	1265
sheets other than uniquely identifiable bingo cards or sheets or	1266
resell or reuse uniquely identifiable bingo cards or sheets,	1267
including electronic representations or image formats.	1268

(F) The attorney general may suspend or revoke a distributor	1269
license for any of the reasons for which the attorney general may	1270
refuse to issue a distributor license specified in division (C) of	1271
this section or if the distributor holding the license violates	1272
any provision of this chapter or any rule adopted by the attorney	1273
general under this chapter.	1274

(G) Whoever violates division (A) or (E) of this section is	1275
guilty of illegally operating as a distributor. Except as	1276
otherwise provided in this division, illegally operating as a	1277
distributor is a misdemeanor of the first degree. If the offender	1278
previously has been convicted of a violation of division (A) or	1279
(E) of this section, illegally operating as a distributor is a	1280
felony of the fifth degree.	1281

Sec. 2915.082.  (A) No manufacturer shall sell, offer to	1282
sell, or otherwise provide or offer to provide bingo supplies for	1283
use in this state without having obtained a license from the	1284
attorney general under this section.	1285

(B) The attorney general may issue a manufacturer license to	1286
any person that meets the requirements of this section. The	1287
application for the license shall be on a form prescribed by the	1288
attorney general and be accompanied by the annual fee prescribed	1289
by this section. The license is valid for a period of one year,	1290
and the annual fee for the license is two thousand five hundred	1291
dollars.	1292

(C) The attorney general may refuse to issue a manufacturer	1293
license to any person to which any of the following applies, or to	1294
any person that has an officer, partner, or other person who has	1295
an ownership interest of ten per cent or more and to whom any of	1296
the following applies:	1297

(1) The person, officer, or partner has been convicted of a	1298
felony under the laws of this state, another state, or the United	1299
States.	1300

(2) The person, officer, or partner has been convicted of any	1301
gambling offense.	1302

(3) The person, officer, or partner has made an incorrect or	1303
false statement that is material to the granting of a license in	1304
an application submitted to the attorney general under this	1305
section or in a similar application submitted to a gambling	1306
licensing authority in another jurisdiction if the statement	1307
resulted in license revocation through administrative action in	1308
the other jurisdiction.	1309

(4) The person, officer, or partner has submitted any	1310
incorrect or false information relating to the application to the	1311
attorney general under this section, if the information is	1312
material to the granting of the license.	1313

(5) The person, officer, or partner has failed to correct any	1314
incorrect or false information that is material to the granting of	1315
the license in the records required to be maintained under	1316
division (F) of section 2915.10 of the Revised Code.	1317

(6) The person, officer, or partner has had a license related	1318
to gambling revoked or suspended under the laws of this state,	1319
another state, or the United States.	1320

(D)(1) No manufacturer shall sell, offer to sell, or	1321
otherwise provide or offer to provide bingo supplies to any person	1322
for use in this state except to a distributor that has been issued	1323
a license under section 2915.081 of the Revised Code. No	1324
manufacturer shall accept payment for the sale of bingo supplies	1325
other than by check. A manufacturer must receive payment by check	1326
not later than forty-five days after the date the manufacturer	1327
ships bingo supplies to a distributor. If the distributor fails	1328
to pay the manufacturer within that period, the manufacturer shall	1329
notify the attorney general. The attorney general then shall	1330
notify all manufacturers that, until further notice, the	1331
delinquent distributor shall purchase bingo supplies from them	1332
only by certified check or money order upon receipt of the bingo	1333
supplies.	1334

(2) No manufacturer shall knowingly solicit, offer, pay, or	1335
receive any kickback, bribe, or undocumented rebate, directly or	1336
indirectly, overtly or covertly, in cash or in kind, in return for	1337
providing bingo supplies to any person in this state.	1338

(3) No manufacturer shall sell, offer to sell, lease, offer	1339
to lease, or otherwise provide or offer to provide bingo cards or	1340
sheets other than uniquely identifiable bingo cards or sheets or	1341
resell or reuse uniquely identifiable bingo cards or sheets,	1342
including electronic representations or image formats.	1343

(E) The attorney general may suspend or revoke a manufacturer	1344
license for any of the reasons for which the attorney general may	1345
refuse to issue a manufacturer license specified in division (C)	1346
of this section or if the manufacturer holding the license	1347
violates any provision of this chapter or any rule adopted by the	1348
attorney general under this chapter.	1349

(F) Whoever violates division (A) or (D) of this section is	1350
guilty of illegally operating as a manufacturer. Except as	1351
otherwise provided in this division, illegally operating as a	1352
manufacturer is a misdemeanor of the first degree. If the	1353
offender previously has been convicted of a violation of division	1354
(A) or (D) of this section, illegally operating as a manufacturer	1355
is a felony of the fifth degree.	1356

Sec. 2915.09.  (A) ANo charitable organization that conducts	1357
a bingo game shall fail to do allany of the following:	1358

(1) Own all of the equipment used to conduct the bingo game	1359
or lease that equipment from a charitable organization that is	1360
licensed to conduct a bingo game for a rental rate that is not	1361
more than is customary and reasonable for that equipment;	1362

(2) Use all of the gross receipts from the bingo game for	1363
paying prizes, for the charitable purposes listed in its bingo	1364
license applicationrenting premises in which to conduct bingo,	1365
for purchasing or leasing bingo cards and other equipmentsupplies	1366
used in conducting the bingo game, for hiring security personnel	1367
for the bingo game, orfor advertising the bingo game, or for	1368
other expenses listed in division (LL) of section 2915.01 of the	1369
Revised Code, provided that the amount of the receipts so spent is	1370
not more than is customary and reasonable for a similar purchase,	1371
lease, hiring, or advertising, and for renting premises in which	1372
to conduct the bingo game, except that ifor expense. If the	1373
building in which the gamebingo is conducted is owned by the	1374
charitable organization conducting the gamebingo and it includes	1375
a form of bingo described in division (S)(1) of section 2915.01 of	1376
the Revised Code, the charitable organization may deduct from the	1377
total amount of the gross receipts from each session a sum equal	1378
to the lesser of six hundred dollars or forty-five per cent of the	1379
gross receipts from the sessionbingo described in that division	1380
as consideration for the use of the premises;.If that charitable	1381
organization conducts bingo described in division (S)(2) of	1382
section 2915.01 of the Revised Code, but not simultaneously with	1383
any bingo described in division (S)(1) of that section, it may	1384
deduct a sum of not more than five per cent of the gross receipts	1385
as consideration for the use of the premises.	1386

(3) ConductUse, or give, donate, or otherwise transfer, all	1387
of the net profit derived from bingo, other than instant bingo,	1388
for a charitable purpose listed in its license application and	1389
described in division (Z) of section 2915.01 of the Revised Code,	1390
or distribute all of the net profit derived from instant bingo as	1391
stated in its license application and in accordance with section	1392
2915.101 of the Revised Code.	1393

(B) No charitable organization that conducts a bingo game	1394
described in division (S)(1) of section 2915.01 of the Revised	1395
Code shall fail to do any of the following:	1396

(1) Conduct the bingo game on premises that are owned by the	1397
charitable organization, on premises that are owned by another	1398
charitable organization and leased from that charitable	1399
organization for a rental rate not in excess of fourthe lesser of	1400
six hundred fifty dollars per bingo session or forty-five per cent	1401
of the gross receipts of the bingo session, on premises that are	1402
leased from a person other than a charitable organization for a	1403
rental rate that is not more than is customary and reasonable for	1404
premises that are similar in location, size, and quality but not	1405
in excess of four hundred fifty dollars per bingo session, or on	1406
premises that are owned by a person other than a charitable	1407
organization, that are leased from that person by another	1408
charitable organization, and that are subleased from that other	1409
charitable organization by the charitable organization for a	1410
rental rate not in excess of four hundred fifty dollars per bingo	1411
session. If the charitable organization leases from a person	1412
other than a charitable organization the premises on which it	1413
conducts bingo gamessessions, the lessor of the premises shall	1414
provide only the premises to the organization and shall not	1415
provide the organization with bingo game operators, security	1416
personnel, concessions or concession operators, bingo equipment	1417
supplies, or any other type of service or equipment. A charitable	1418
organization shall not lease or sublease premises that it owns or	1419
leases to more than one other charitable organization per calendar	1420
week for the purpose of conducting bingo gamessessions on the	1421
premises. A person that is not a charitable organization shall	1422
not lease premises that it owns, leases, or otherwise is empowered	1423
to lease to more than one charitable organization per calendar	1424
week for conducting bingo gamessessions on the premises. In no	1425
case shall more than two bingo sessions be conducted on any	1426
premises in any calendar week.	1427

(4)(2) Display its bingo license conspicuously at the	1428
locationpremises where the bingo gamesession is conducted;	1429

(5)(3) Conduct the bingo gamesession in accordance with the	1430
definition of bingo set forth in division (S)(1) of section	1431
2915.01 of the Revised Code.	1432

(B)A(C)No charitable organization that conducts a bingo	1433
game described in division (S)(1) of section 2915.01 of the	1434
Revised Code shall not do any of the following:	1435

(1) Pay any compensation to a bingo game operator for	1436
operating a bingo gamesession that is conducted by the charitable	1437
organization or for preparing, selling, or serving food or	1438
beverages at the site of the bingo gamesession, permit any	1439
auxiliary unit or society of the charitable organization to pay	1440
compensation to any bingo game operator who prepares, sells, or	1441
serves food or beverages at a bingo session conducted by the	1442
charitable organization, or permit any auxiliary unit or society	1443
of the charitable organization to prepare, sell, or serve food or	1444
beverages at a bingo session conducted by the charitable	1445
organization, if the auxiliary unit or society pays any	1446
compensation to the bingo game operators who prepare, sell, or	1447
serve the food or beverages;	1448

(2) Pay consulting fees to any person for any services	1449
performed in relation to the bingo gamesession;	1450

(3) Pay concession fees to any person who provides	1451
refreshments to the participants in the bingo gamesession;	1452

(4) ConductExcept as otherwise provided in division (C)(4)	1453
of this section, conduct more than two bingo sessions in any	1454
seven-day period. Except that aA volunteer fire fighter's	1455
firefighter's organization or a volunteer rescue service	1456
organization that conducts not more than five bingo sessions in a	1457
calendar year may conduct more than two bingo sessions in a	1458
seven-day period after notifying the attorney general when it will	1459
conduct the sessions;.	1460

(5) Pay out more than three thousand five hundred dollars in	1461
prizes during any bingo session that is conducted by the	1462
charitable organization;	1463

(6) Conduct a bingo session at any time during the ten-hour	1464
period between midnight and ten a.m., at any time during, or	1465
within ten hours of, a bingo game conducted for amusement only	1466
pursuant to section 2915.12 of the Revised Code, at any location	1467
premises not specified on its bingo license, or on any day of the	1468
week or during any time period not specified on its bingo license.	1469
If circumstances beyond its control make it impossibleimpractical	1470
for the charitable organization to conduct a bingo session at the	1471
locationpremises, or on the day of the week or at the time,	1472
specified on its bingo license or if a charitable organization	1473
wants to conduct bingo sessions on a day of the week or at a time	1474
other than the day or time specified on its bingo license, the	1475
charitable organization may apply in writing to the attorney	1476
general for an amended bingo license, pursuant to division (F) of	1477
section 2915.08 of the Revised Code. A charitable organization	1478
may apply only oncetwice in each calendar year for an amended	1479
license to conduct bingo sessions on a day of the week or at a	1480
time other than the day or time specified on its bingo license. If	1481
the amended license is granted, the organization may conduct bingo	1482
sessions at the locationpremises, on the day of the week, and at	1483
the time specified on its amended license.	1484

(7) Permit any person whom the charitable organization	1485
knows, or should have known, is under the age of eighteen to work	1486
as a bingo game operator;	1487

(8) Permit any person whom the charitable organization	1488
knows, or should have known, has been convicted of a felony or	1489
gambling offense in any jurisdiction to be a bingo game operator;	1490

(9) Permit the lessor of the premises on which the bingo	1491
session is conducted, if the lessor is not a charitable	1492
organization, to provide the charitable organization with bingo	1493
game operators, security personnel, concessions, bingo equipment	1494
supplies, or any other type of service or equipment;	1495

(10) Purchase or lease bingo supplies from any person	1496
except a distributor issued a license under section 2915.081 of	1497
the Revised Code;	1498

(11) Use bingo cards or sheets other than uniquely	1499
identifiable bingo cards or sheets or resell or reuse uniquely	1500
identifiable bingo cards or sheets, including electronic	1501
representations or image formats;	1502

(12)(a) Use or permit the use of electronic bingo aids	1503
except under the following circumstances:	1504

(i) Not more than one hundred forty-four bingo faces can be	1505
played by a single participant using an electronic bingo aid.	1506

(ii) The charitable organization shall provide a	1507
participant using an electronic bingo aid with corresponding paper	1508
bingo cards or sheets.	1509

(iii) The total price of bingo faces played with an	1510
electronic bingo aid shall be equal to the total price of the	1511
same number of bingo faces played with a paper bingo card or sheet	1512
sold at the same bingo session but without an electronic bingo	1513
aid.	1514

(iv) An electronic bingo aid cannot be part of an electronic	1515
network or be interactive.	1516

(v) An electronic bingo aid cannot be used to participate	1517
in bingo that is conducted at a location other than the location	1518
at which the bingo session is conducted and at which the	1519
electronic bingo aid is used.	1520

(vi) An electronic bingo aid cannot be used to provide	1521
for the input of numbers and letters announced by a bingo caller	1522
other than the bingo caller who physically calls the numbers and	1523
letters at the location at which the bingo session is conducted	1524
and at which the electronic bingo aid is used.	1525

(b) The attorney general may adopt rules in accordance with	1526
Chapter 119. of the Revised Code that govern the use of electronic	1527
bingo aids. The rules may include a requirement that an	1528
electronic bingo aid be capable of being audited by the attorney	1529
general to verify the number of bingo cards or sheets played	1530
during each bingo session.	1531

(C) A(D)Except as otherwise provided in this division, no	1532
charitable organization shall provide to a bingo game operator,	1533
and no bingo game operator shall not receive or accept, any	1534
commission, wage, salary, reward, tip, donation, gratuity, or	1535
other form of compensation, directly or indirectly, regardless of	1536
the source, for operating aconducting bingo game or providing	1537
other work or labor at the site of the bingo game. This division	1538
does not prohibit an employee of a fraternal organization or	1539
veteran's organization from selling instant bingo tickets or cards	1540
to the organization's members, as long as no portion of the	1541
employee's compensation is paid from any receipts of bingo.	1542

(D)(E) Notwithstanding division (A)(3)(B)(1) of this	1543
section, a charitable organization that, prior to December 6,	1544
1977, has entered into written agreements for the lease of	1545
premises it owns to another charitable organization or other	1546
charitable organizations for the conducting of bingo sessions so	1547
that more than two bingo sessions are conducted per calendar week	1548
on the premises, and a person that is not a charitable	1549
organization and that, prior to December 6, 1977, has entered into	1550
written agreements for the lease of premises it owns to charitable	1551
organizations for the conducting of more than two bingo sessions	1552
per calendar week on the premises, may continue to lease the	1553
premises to those charitable organizations, provided that no more	1554
than four sessions are conducted per calendar week, that the	1555
lessor organization or person has notified the attorney general in	1556
writing of the organizations that will conduct the sessions and	1557
the days of the week and the times of the day on which the	1558
sessions will be conducted, that the initial lease entered into	1559
with each organization that will conduct the sessions was filed	1560
with the attorney general prior to December 6, 1977, and that each	1561
organization that will conduct the sessions was issued a license	1562
to conduct bingo games by the attorney general prior to December	1563
6, 1977.	1564

(E)(F) Whoever violates division (A)(2) of this section is	1565
guilty of illegally conducting a bingo game, a felony of the	1566
fourth degree. WhoeverExcept as otherwise provided in this	1567
division, whoever violates division (A)(1),or (3), (4), or (5),	1568
(B)(1), (2),or(3), or (C),or(D) of this section is guilty of a	1569
minor misdemeanor. If the offender previously has been convicted	1570
of a violation of division (A)(1),or (3), (4), or (5), (B)(1),	1571
(2),or(3), or (C),or(D) of this section, a violation of	1572
division (A)(1),or (3), (4), or (5), (B)(1), (2),or(3), or (C),	1573
or(D) of this section is a misdemeanor of the first degree.	1574

Sec. 2915.091.  (A) No charitable organization that conducts	1575
instant bingo shall do any of the following:	1576

(1) Fail to comply with the requirements of divisions (A)(1),	1577
(2), and (3) of section 2915.09 of the Revised Code;	1578

(2) Conduct instant bingo unless that organization is, and	1579
has received from the internal revenue service a determination	1580
letter that is currently in effect stating that the organization	1581
is, exempt from federal income taxation under subsection 501(a)	1582
and is described in subsection 501(c)(3), 501(c)(4), 501(c)(8),	1583
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	1584

(3) Conduct instant bingo on any day, at any time, or at any	1585
premises not specified on the organization's license issued	1586
pursuant to section 2915.08 of the Revised Code;	1587

(4) Permit any person whom the organization knows or should	1588
have known has been convicted of a felony or gambling offense in	1589
any jurisdiction to be a bingo game operator in the conduct of	1590
instant bingo;	1591

(5) Purchase or lease supplies used to conduct instant bingo	1592
or punch board games from any person except a distributor licensed	1593
under section 2915.081 of the Revised Code;	1594

(6) Conduct instant bingo more than twelve hours in any day	1595
or more than six days in any seven-day period;	1596

(7) Sell or provide any instant bingo ticket or card for a	1597
price different from the price printed on it by the manufacturer;	1598

(8) Use any instant bingo ticket or card as a prize or award.	1599
Division (A)(8) of this section does not preclude a charitable	1600
organization from giving a winner of an instant bingo game	1601
additional instant bingo tickets in lieu of a cash prize.	1602

(9) Sell an instant bingo ticket or card to a person under	1603
eighteen years of age;	1604

(10) Fail to keep unsold instant bingo tickets or cards for	1605
less than three years;	1606

(11) Pay any compensation to a bingo game operator for	1607
conducting instant bingo that is conducted by the organization or	1608
for preparing, selling, or serving food or beverages at the site	1609
of the instant bingo game, permit any auxiliary unit or society of	1610
the organization to pay compensation to any bingo game operator	1611
who prepares, sells, or serves food or beverages at an instant	1612
bingo game conducted by the organization, or permit any auxiliary	1613
unit or society of the organization to prepare, sell, or serve	1614
food or beverages at an instant bingo game conducted by the	1615
organization, if the auxiliary unit or society pays any	1616
compensation to the bingo game operators who prepare, sell, or	1617
serve the food or beverages;	1618

(12) Pay fees to any person for any services performed in	1619
relation to an instant bingo game;	1620

(13) Pay fees to any person who provides refreshments to the	1621
participants in an instant bingo game;	1622

(14) Allow instant bingo tickets or cards to be sold to	1623
bingo game operators who are performing work or labor at a	1624
premises at which the organization sells instant bingo tickets or	1625
cards or to be sold to employees of a D permit holder who are	1626
working at a premises at which instant bingo tickets or cards are	1627
sold on behalf of the organization as described in division	1628
(B)(3) of section 4301.03 of the Revised Code;	1629

(15) Fail to display its bingo license, and the serial	1630
numbers of the boxes of instant bingo tickets or cards to be sold,	1631
conspicuously at each premises at which it sells instant bingo	1632
tickets or cards;	1633

(16) Possess a box of instant bingo tickets or cards that	1634
was not purchased from a distributor licensed under section	1635
2915.081 of the Revised Code as reflected on an invoice issued by	1636
the distributor that contains all of the information required by	1637
division (E) of section 2915.10 of the Revised Code;	1638

(17) Fail, once it opens a box of instant bingo tickets or	1639
cards, to continue to sell the tickets or cards in that box until	1640
the tickets or cards with the top two highest tiers of prizes in	1641
that box are sold.	1642

(B)(1) A charitable organization may conduct instant bingo	1643
other than at a bingo session at not more than five separate	1644
locations.	1645

(2) A charitable organization may purchase or lease, and may	1646
use, instant bingo ticket dispensers to sell instant bingo tickets	1647
or cards.	1648

(C) The attorney general may adopt rules in accordance with	1649
Chapter 119. of the Revised Code that govern the conduct of	1650
instant bingo by charitable organizations. Before those rules	1651
are adopted, the attorney general shall reference the recommended	1652
standards for opacity, randomization, minimum information, winner	1653
protection, color, and cutting for instant bingo tickets or cards,	1654
seal cards, and punch boards established by the North American	1655
gaming regulators association. No rule shall prohibit or limit	1656
the legal conduct of instant bingo by, or the number of instant	1657
bingo games being conducted by, charitable organizations.	1658

(D) Whoever violates division (A) of this section or a rule	1659
adopted under division (C) of this section is guilty of illegal	1660
instant bingo conduct. Except as otherwise provided in this	1661
division, illegal instant bingo conduct is a misdemeanor of the	1662
first degree. If the offender previously has been convicted of a	1663
violation of division (A) of this section or of such a rule,	1664
illegal instant bingo conduct is a felony of the fifth degree.	1665

Sec. 2915.092.  (A) A charitable organization does not need a	1666
license to conduct bingo, in order to conduct a raffle drawing.	1667

(B) No charitable organization shall conduct a raffle unless	1668
the organization is, and has received from the internal revenue	1669
service a determination letter that is currently in effect stating	1670
that the organization is, exempt from federal income taxation	1671
under subsection 501(a) and is described in subsection 501(c)(3),	1672
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	1673
Revenue Code.	1674

(C) No person shall fail to use, or give, donate, or	1675
otherwise transfer, the net profit from a raffle for a charitable	1676
purpose described in division (Z) of section 2915.01 of the	1677
Revised Code.	1678

(D) Whoever violates division (B) or (C) of this section is	1679
guilty of illegal conduct of a raffle. Except as otherwise	1680
provided in this division, illegal conduct of a raffle is a	1681
misdemeanor of the first degree. If the offender previously has	1682
been convicted of a violation of division (B) or (C) of this	1683
section, illegal conduct of a raffle is a felony of the fifth	1684
degree.	1685

Sec. 2915.10.  (A) ANo charitable organization that conducts	1686
a bingo session or scheme ora game of chance pursuant to division	1687
(D) of section 2915.02 of the Revised Code, shall fail to maintain	1688
the following records for at least three years from the date on	1689
which the bingo session or scheme or game of chance is conducted:	1690

(1) An itemized list of the gross receipts of each bingo	1691
session or scheme or,each game of instant bingo by serial number,	1692
each raffle, each punch board game, and each game of chance;	1693

(2) An itemized list of all expenses, other than prizes,	1694
that are incurred in conducting the bingo sessionor instant	1695
bingo, the name of each person to whom the expenses are paid, and	1696
a receipt for all of the expenses;	1697

(3) A list of all prizes awarded during theeach bingo	1698
session or scheme or,each raffle, each punch board game, and each	1699
game of chance conducted by the charitable organization,the total	1700
prizes awarded from each game of instant bingo by serial number,	1701
and the name and, address,and social security number of all	1702
persons who are winners of prizes of onesix hundred dollars or	1703
more in value;	1704

(4) An itemized list of the charitable recipients of the	1705
proceedsnet profit of the bingo session or scheme or game of	1706
chance, including the name and address of each recipient to whom	1707
the money is distributed, and if the organization uses the	1708
proceedsnet profit of a bingo session, or the money or assets	1709
received from a scheme or game of chance, for any charitable or	1710
other purpose set forth in division (Z) of section 2915.01 or,	1711
division (D) of section 2915.02, or section 2915.101 of the	1712
Revised Code, a list of each purpose and an itemized list of each	1713
expenditure for each purpose;	1714

(5) The number of persons who participate in any bingo	1715
session or scheme or game of chance that is conducted by the	1716
charitable organization;	1717

(6) A list of receipts from the sale of food and beverages	1718
by the charitable organization or one of its auxiliary units or	1719
societies, if the receipts were excluded from the definition of	1720
"gross receipts" under division (X) of section 2915.01 of the	1721
Revised Code;	1722

(7) An itemized list of all expenses incurred at each bingo	1723
session,each raffle, each punch board game, or each game of	1724
instant bingo conducted by the charitable organization in the sale	1725
of food and beverages by the charitable organization or by an	1726
auxiliary unit or society of the charitable organization, the name	1727
of each person to whom the expenses are paid, and a receipt for	1728
all of the expenses.	1729

(B) The gross profit from each bingo session or game	1730
described in division (S)(1) or (2) of section 2915.01 of the	1731
Revised Code shall be deposited into a checking account devoted	1732
exclusively to the bingo session or game. Payments for allowable	1733
expenses incurred in conducting the bingo session or game and	1734
payments to recipients of some or all of the net profit of the	1735
bingo session or game shall be made only by checks drawn on the	1736
bingo session or game account.	1737

(C) Each charitable organization shall conduct and record an	1738
inventory of all of its bingo supplies as of the first day of	1739
November of each year.	1740

(D) The attorney general may adopt rules in accordance with	1741
Chapter 119. of the Revised Code that establish standards of	1742
accounting, record keeping, and reporting to ensure that gross	1743
receipts from bingo or games of chance are properly accounted for.	1744

(E) A distributor shall maintain, for a period of three years	1745
after the date of its sale or other provision, a record of each	1746
instance of its selling or otherwise providing to another person	1747
bingo supplies for use in this state. The record shall include	1748
all of the following for each instance:	1749

(1) The name of the manufacturer from which the distributor	1750
purchased the bingo supplies and the date of the purchase;	1751

(2) The name and address of the charitable organization or	1752
other distributor to which the bingo supplies were sold or	1753
otherwise provided;	1754

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

1755

(4) Invoices that include the nonrepeating serial numbers of	1756
all bingo cards and sheets and all instant bingo tickets or cards	1757
sold or otherwise provided to each charitable organization.	1758

(F) A manufacturer shall maintain, for a period of three	1759
years after the date of its sale or other provision, a record of	1760
each instance of its selling or otherwise providing bingo supplies	1761
for use in this state. The record shall include all of the	1762
following for each instance:	1763

(1) The name and address of the distributor to whom the bingo	1764
supplies were sold or otherwise provided;	1765

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

1766

(3) Invoices that include the nonrepeating serial numbers of	1767
all bingo cards and sheets and all instant bingo tickets or cards	1768
sold or otherwise provided to each distributor.	1769

(G) The attorney general, or any local law enforcement	1770
agency, may do all of the following:	1771

(1) Investigate any charitable organization or any officer,	1772
agent, trustee, member, or employee of the organization;	1773

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

1774

(3) Conduct inspections, audits, and observations of bingo	1775
games or schemes or games of chance while they are in session;	1776

(4) Conduct inspections of the premises where bingo games or	1777
schemes or games of chance are operatedconducted;	1778

(5) Take any other necessary and reasonable action to	1779
determine if a violation of any provision of sections 2915.01,	1780
2915.02, and 2915.07 to 2915.12 of the Revised Code has occurred	1781
and to determine whether section 2915.11 of the Revised Code has	1782
been complied with.	1783

If any local law enforcement agency has reasonable grounds to	1784
believe that a charitable organization or an officer, agent,	1785
trustee, member, or employee of the organization has violated any	1786
provision of this chapter, the local law enforcement agency may	1787
proceed by action in the proper court to enforce this chapter,	1788
provided that the local law enforcement agency shall give written	1789
notice to the attorney general when commencing an action as	1790
described in this division.	1791

(C)(H) No person shall destroy, alter, conceal, withhold, or	1792
deny access to any accounts or records of a charitable	1793
organization that have been requested for examination, or	1794
obstruct, impede, or interfere with any inspection, audit, or	1795
observation of a bingo game or scheme ora game of chance or	1796
premises where a bingo game or scheme ora game of chance is	1797
operatedconducted, or refuse to comply with any reasonable	1798
request of, or obstruct, impede, or interfere with any other	1799
reasonable action undertaken by, the attorney general or a local	1800
law enforcement agency pursuant to division (B)(G) of this	1801
section.	1802

(D)(I) Whoever violates division (A) or (C)(H) of this	1803
section is guilty of a misdemeanor of the first degree.	1804

Sec. 2915.101. A charitable organization that conducts	1805
instant bingo shall distribute the net profit derived from instant	1806
bingo as follows:	1807

(A)(1) If a veteran's organization or a fraternal	1808
organization conducted the instant bingo, the organization shall	1809
distribute the net profit as follows:	1810

(a) Fifty per cent shall be distributed to an organization	1811
listed in division (Z) of section 2915.01 of the Revised Code or	1812
to a department or agency of the federal government, the state, or	1813
any political subdivision;	1814

(b) Twenty per cent may be distributed for the	1815
organization's own charitable purposes;	1816

(c) Thirty per cent may be deducted and retained by the	1817
organization for the organization.	1818

(2) If a veteran's organization or a fraternal organization	1819
does not distribute the full percentages specified in divisions	1820
(A)(1)(b) and (c) of this section as authorized in those	1821
divisions, the organization shall distribute the balance of the	1822
net profit not so distributed to an organization listed in	1823
division (Z) of section 2915.01 of the Revised Code.	1824

(B)(1) If a charitable organization other than a veteran's	1825
organization or a fraternal organization conducted the instant	1826
bingo, the organization shall distribute the net profit as	1827
follows:	1828

(a) Seventy per cent shall be distributed to an organization	1829
listed in division (Z) of section 2915.01 of the Revised Code or	1830
to a department or agency of the federal government, the state, or	1831
any political subdivision;	1832

(b) Thirty per cent may be deducted and retained by the	1833
organization for the organization.	1834

(2) If a charitable organization does not distribute the	1835
full percentage specified in division (B)(1)(b) of this section as	1836
authorized in that division, the organization shall distribute the	1837
balance of the net profit not so distributed to an organization	1838
listed in division (Z) of section 2915.01 of the Revised Code.	1839

Sec. 2915.12.  Sections 2915.07 to 2915.11 of the Revised	1840
Code do not apply to bingo games that are conducted for the	1841
purpose of amusement only. A bingo game is conducted for the	1842
purpose of amusement only if it complies with all of the	1843
requirements specified in either division (A) or (B) of this	1844
section:	1845

(A)(1) The participants do not pay any money or any other	1846
thing of value including an admission fee, or any fee for bingo	1847
cards,or sheets, objects to cover the spaces, or other devices	1848
used in playing bingo, for the privilege of participating in the	1849
bingo game, or to defray any costs of the game, or pay tips or	1850
make donations during or immediately before or after the bingo	1851
game;.	1852

(2) All prizes awarded during the course of the game are	1853
nonmonetary, and in the form of merchandise, goods, or	1854
entitlements to goods or services only, and the total value of all	1855
prizes awarded during the game is less than one hundred dollars;.	1856

(3) No commission, wages, salary, reward, tip, donation,	1857
gratuity, or other form of compensation, either directly or	1858
indirectly, and regardless of the source, is paid to any bingo	1859
game operator for work or labor performed at the site of the bingo	1860
game;.	1861

(4) The bingo game is not conducted either during or within	1862
ten hours of any of the following:	1863

(a) A bingo session during which a charitable bingo game is	1864
conducted pursuant to sections 2915.07 to 2915.11 of the Revised	1865
Code;	1866

(b) A scheme or game of chance other than a bingo game	1867
conducted pursuant to this section,or bingo described in division	1868
(S)(2) of section 2915.01 of the Revised Code.	1869

(5) The number of players participating in the bingo game	1870
does not exceed fifty.	1871

(B)(1) The participants do not pay money or any other thing	1872
of value as an admission fee, and no participant is charged more	1873
than twenty-five cents to purchase a bingo card,or sheet, objects	1874
to cover the spaces, or other devices used in playing bingo;.	1875

(2) The total amount of money paid by all of the	1876
participants for bingo cards,or sheets, objects to cover the	1877
spaces, or other devices used in playing bingo does not exceed one	1878
hundred dollars;.	1879

(3) All of the money paid for bingo cards,or sheets,	1880
objects to cover spaces, or other devices used in playing bingo	1881
areis used only to pay winners monetary and nonmonetary prizes	1882
and to provide refreshments;.	1883

(4) The total value of all prizes awarded during the game	1884
does not exceed one hundred dollars;.	1885

(5) No commission, wages, salary, reward, tip, donation,	1886
gratuity, or other form of compensation, either directly or	1887
indirectly, and regardless of the source, is paid to any bingo	1888
game operator for work or labor performed at the site of the bingo	1889
game;.	1890

(6) The bingo game is not conducted during or within ten	1891
hours of either of the following:	1892

(a) A bingo session during which a charitable bingo game is	1893
conducted pursuant to sections 2915.07 to 2915.11 of the Revised	1894
Code;	1895

(b) A scheme of chance or game of chance other than a bingo	1896
game conducted pursuant to this section,or bingo described in	1897
division (S)(2) of section 2915.01 of the Revised Code.	1898

(7) All of the participants reside at the premises where the	1899
bingo game is conducted;.	1900

(8) The bingo games are conducted on different days of the	1901
week and not more than twice in a calendar week.	1902

(C) The attorney general, or any local law enforcement	1903
agency, may investigate the conduct of a bingo game that	1904
purportedly is conducted for purposes of amusement only if there	1905
is reason to believe that the purported amusement bingo game does	1906
not comply with the requirements of either division (A) or (B) of	1907
this section. A local law enforcement agency may proceed by	1908
action in the proper court to enforce this section if the local	1909
law enforcement agency gives written notice to the attorney	1910
general when commencing the action.	1911

Sec. 3763.01.  (A) All promises, agreements, notes, bills,	1912
bonds, or other contracts, mortgages, or other securities, when	1913
the whole or part of the consideration thereof is for money or	1914
other valuable thing won or lost, laid, staked, or betted at or	1915
upon a game of any kind, or upon a horse race or cockfights, sport	1916
or pastime, or on a wager, or for the repayment of money lent or	1917
advanced at the time of a game, play, or wager, for the purpose of	1918
being laid, betted, staked, or wagered, are void.	1919

(B) Sections 3763.01 to 3763.08 of the Revised Code do not	1920
apply to a charitable bingo game as defined in division (O) of	1921
section 2915.01 of the Revised Code or to any scheme or game of	1922
chance that is not subject to criminal penalties under section	1923
2915.02 of the Revised Code.	1924

Sec. 4301.03.  The liquor control commission may adopt and	1925
promulgate, repeal, rescind, and amend, in the manner required by	1926
this section, rules, standards, requirements, and orders necessary	1927
to carry out Chapters 4301.this chapter and Chapter 4303. of the	1928
Revised Code, but all rules of the board of liquor control which	1929
were in effect immediately prior to April 17, 1963, shall remain	1930
in full force and effect as rules of the liquor control commission	1931
until and unless amended or repealed by the liquor control	1932
commission. The rules of the commission may include the	1933
following:	1934

(A) Rules with reference to applications for and the	1935
issuance of permits for the manufacture, distribution,	1936
transportation, and sale of beer and intoxicating liquor, and the	1937
sale of alcohol; and rules governing the procedure of the division	1938
of liquor control in the suspension, revocation, and cancellation	1939
of suchthose permits;	1940

(B)(1) Rules and orders providing in detail for the conduct	1941
of any retail business authorized under permits issued pursuant to	1942
suchthose chapters, with a view to ensuring compliance with such	1943
those chapters and laws relative theretoto them, and the	1944
maintenance of public decency, sobriety, and good order in any	1945
place licensed under suchthose permits. No	1946

(2) No rule or order shall prohibit the sale of lottery	1947
tickets issued pursuant to Chapter 3770. of the Revised Code by	1948
any retail business authorized under permits issued pursuant to	1949
suchthat chapter.	1950

(3) No rule or order shall prohibit pari-mutuel wagering on	1951
simulcast horse races at a satellite facility that has been issued	1952
a D liquor permit under Chapter 4303. of the Revised Code. No	1953
rule or order shall prohibit a charitable organization that holds	1954
a D-4 permit from selling or serving beer or intoxicating liquor	1955
under its permit in a portion of its premises merely because that	1956
portion of its premises is used at other times for the conduct of	1957
a charitablefrom conducting bingo gameas described in division	1958
(S)(2) of section 2915.01 of the Revised Code on the premises of a	1959
D permit holder in accordance with Chapter 2915. of the Revised	1960
Code and the following provisions:	1961

(a) The bingo shall be conducted by a charitable	1962
organization that has obtained a license under section 2915.08 of	1963
the Revised Code and that has entered into an agreement with the D	1964
permit holder to authorize the permit holder to conduct the bingo	1965
on behalf of the organization.	1966

(b) All bingo supplies sold or offered for sale by the D	1967
permit holder shall be obtained from the charitable organization.	1968
Within seven days after the conduct of each game for which	1969
supplies are so provided, the D permit holder shall pay to the	1970
charitable organization a sum equal to the definite profit of that	1971
game. As used in division (B)(3)(b) of this section, "definite	1972
profit" means the amount remaining after all the tickets or cards	1973
in the game are sold at the price stated on the tickets or cards	1974
and all prizes are paid.	1975

(c) The charitable organization shall keep a record of all	1976
bingo supplies sold or offered for sale by the D permit holder.	1977
The record shall list each game for which supplies are provided by	1978
serial number and record the definite profit of each such game.	1979

(d) The permit of the D permit holder is subject to	1980
suspension, revocation, or cancellation if the D permit holder or	1981
the permit holder's employees violate a provision of sections	1982
2915.01 to 2915.11 of the Revised Code while conducting bingo on	1983
the permit holder's premises. However, such an organization shall	1984
not sell or serve beer or intoxicating liquor or permit beer or	1985
intoxicating liquor to be consumed or seen in the same location in	1986
its premises where a charitable bingo game is being conducted	1987
while the game is being conducted. As	1988

As used in this divisiondivisions (B)(3) and (4) of this	1989
section, "charitable organization," has the same meaning as in	1990
division (H) of section 2915.01"bingo supplies," and "charitable	1991
bingo game" hashave the same meaningmeanings as in division (R)	1992
of section 2915.01 of the Revised Code. No	1993

(4) No rule or order shall prohibit a charitable	1994
organization that holds an F or F-2 permit from selling or serving	1995
beer or intoxicating liquor under its permit in a portion of its	1996
premises merely because that portion of its premises is used at	1997
other times for the conduct of bingo as described in division	1998
(S)(2) of section 2915.01 of the Revised Code or of games of	1999
chance conducted in accordance with division (D)(1)(c) of section	2000
2915.02 of the Revised Code.	2001

(5) No rule or order pertaining to visibility into the	2002
premises of a permit holder after the legal hours of sale shall be	2003
adopted or maintained by the commission.	2004

(C) Standards, not in conflict with those prescribed by any	2005
law of this state or the United States, to secure the use of	2006
proper ingredients and methods in the manufacture of beer, malt	2007
liquor, mixed beverages, and wine to be sold within this state;	2008

(D) Rules determining the nature, form, and capacity of all	2009
packages and bottles to be used for containing beer or	2010
intoxicating liquor except for spirituous liquor to be kept or	2011
sold, governing the form of all seals and labels to be used	2012
thereonon the packages and bottles, and requiring the label on	2013
every package, bottle, and container to state the ingredients in	2014
the contents and, except on malt beverages, the terms of weight,	2015
volume, or proof spirits, and whether the same is beer, wine,	2016
alcohol, or any intoxicating liquor except for spirituous liquor;	2017

(E) Uniform rules governing all advertising with reference	2018
to the sale of beer and intoxicating liquor throughout the state	2019
and advertising upon and in the premises licensed for the sale of	2020
beer or intoxicating liquor;	2021

(F) Rules restricting and placing conditions upon the	2022
transfer of permits;	2023

(G) Rules and orders limiting the number of permits of any	2024
class within the state or within any political subdivision of the	2025
state; and, for suchthat purpose, adopting reasonable	2026
classifications of persons or establishments to which any	2027
authorized class of permits may be issued within any such	2028
political subdivision;	2029

(H) Rules and orders with reference to sales of beer and	2030
intoxicating liquor on Sundays and holidays and with reference to	2031
the hours of the day during which and the persons to whom	2032
intoxicating liquor of any class may be sold, and rules with	2033
reference to the manner of sale;	2034

(I) Rules requiring permit holders buying beer and malt	2035
beverages to pay, and permit holders selling beer and malt	2036
beverages to collect, minimum cash deposits for kegs, cases,	2037
bottles, or other returnable containers of such beer and malt	2038
beverages; requiring the repayment, or credit therefor, of such	2039
the minimum cash deposit charges upon the return of such empty	2040
containers,; and requiring the posting of such form of indemnity	2041
or such other conditions with respect to the charging, collection,	2042
and repayment of minimum cash deposit charges for returnable	2043
containers of beer or malt beverages as are necessary to ensure	2044
the return of such empty containers or the repayment upon such	2045
their return of the minimum cash deposits paid therefor.for them;	2046

(J) Rules establishing the method by which alcohol products	2047
may be imported for sale by wholesale distributors and the method	2048
by which manufacturers and suppliers may sell alcohol products to	2049
wholesale distributors.	2050

Every rule, standard, requirement, or order of the	2051
commission, and every repeal, amendment, or rescission thereofof	2052
them shall be posted for public inspection in the principal office	2053
of the commission and the principal office of the division of	2054
liquor control, and a certified copy thereofof them shall be	2055
filed in the office of the secretary of state. An order applying	2056
only to persons named thereinin it shall be served on the persons	2057
affected by personal delivery of a certified copy, or by mailing	2058
sucha certified copy to each person affected therebyby it, or,	2059
in the case of a corporation, to any officer or agent thereofof	2060
the corporation upon whom a service of summons may be served in a	2061
civil action. The posting and filing required by this section	2062
constitutes sufficient notice to all persons affected by sucha	2063
rule or order whichthat is not required to be served. General	2064
rules of the commission promulgated pursuant to this section shall	2065
be published in such athe manner as the commission determines.	2066

Sec. 4303.17.  Permit D-4 may be issued to a club which has	2067
been in existence for three years or more prior to the issuance of	2068
suchthe permit to sell beer and any intoxicating liquor to its	2069
members only, in glass or container, for consumption on the	2070
premises where sold. The fee for this permit is three hundred	2071
seventy-five dollars. No such permit shall be granted or retained	2072
until all elected officers of suchthe organization controlling	2073
suchthe club have filed with the division of liquor control a	2074
statement certifying that suchthe club is operated in the	2075
interest of the membership of a reputable organization, which is	2076
maintained by a dues paying membership, setting forth the amount	2077
of initiation fee and yearly dues. All such matters shall be	2078
contained in a statement signed under oath and accompanied by a	2079
surety bond in the sum of one thousand dollars. SuchThe bond	2080
shall be declared forfeited in the full amount of the penal sum of	2081
the bond for any false statement contained in suchthe	2082
certificate, and the surety shall pay the amount of the bond to	2083
the division. The roster of membership of a D-4 permit holder	2084
shall be submitted under oath on the request of the superintendent	2085
of liquor control. Any information acquired by the superintendent	2086
or the division with respect to suchthat membership shall not be	2087
open to public inspection or examination and may be divulged by	2088
the superintendent and the division only in hearings before the	2089
liquor control commission or in a court action in which the	2090
division or the superintendent is named a party.	2091

The requirement that a club shall have been in existence for	2092
three years in order to qualify for a D-4 permit does not apply to	2093
units of organizations chartered by congress or to a subsidiary	2094
unit of a national fraternal organization if the parent	2095
organization has been in existence for three years or more at the	2096
time application for a permit is made by suchthe unit.	2097

No rule or order of the division or commission shall prohibit	2098
a charitable organization that holds a D-4 permit from selling or	2099
serving beer or intoxicating liquor under its permit in a portion	2100
of its premises merely because that portion of its premises is	2101
used at other times for the conduct of a charitablefrom	2102
conducting bingo gameas described in division (S)(2) of section	2103
2915.01 of the Revised Code on the premises of a D-4 permit holder	2104
in accordance with Chapter 2915. of the Revised Code and the	2105
provisions of division (B)(3) of section 4301.03 of the Revised	2106
Code. However, such an organization shall not sell or serve beer	2107
or intoxicating liquor or permit beer or intoxicating liquor to be	2108
consumed or seen in the same location in its premises where a	2109
charitable bingo game is being conducted while the game is being	2110
conducted. As used in this section, "charitable organization" has	2111
the same meaning as in division (H) of section 2915.01 and	2112
"charitable bingo game" hashave the same meaningmeanings as in	2113
division (R) of section 2915.01 of the Revised Code.	2114

Section 2.  That existing sections 109.32, 173.121, 1531.01,	2115
1711.09, 2915.01, 2915.02, 2915.05, 2915.07, 2915.08, 2915.09,	2116
2915.10, 2915.12, 3763.01, 4301.03, and 4303.17 of the Revised	2117
Code are hereby repealed.	2118

Section 3. The annual license fees prescribed by division	2119
(A)(1) of section 2915.08 of the Revised Code, as amended by this	2120
act, shall not be applied until one year after the effective date	2121
of this act.	2122

Section 4. During the first two hundred ten days following	2123
the effective date of this act, no distributor shall be required	2124
to be licensed under division (A) of section 2915.081 of the	2125
Revised Code, as enacted by this act. All applicants that apply	2126
for an initial license under that division within one hundred	2127
eighty days after the effective date of this act shall receive a	2128
provisional license that is effective on the two hundred and tenth	2129
day after that effective date and that authorizes all activities	2130
permitted by that section.	2131

Section 5. During the first two hundred ten days following	2132
the effective date of this act, no manufacturer shall be required	2133
to be licensed under division (A) of section 2915.082 of the	2134
Revised Code, as enacted by this act. All applicants that apply	2135
for an initial license under that division within one hundred	2136
eighty days after the effective date of this act shall receive a	2137
provisional license that is effective on the two hundred and tenth	2138
day after that effective date and that authorizes all activities	2139
permitted by that section.	2140

Section 6. Divisions (D) and (E)(4) of section 2915.081 of	2141
the Revised Code, as enacted by this act, shall not be applied	2142
against any distributor until one year after the distributor is	2143
granted a distributor's license under that section if the	2144
distributor possesses an interest in any premises used for the	2145
conduct of bingo on the effective date of this act.	2146

Section 7.  Division (A)(4) of section 2915.08 of the Revised	2147
Code shall not be applied until one year after the effective date	2148
of this act.	2149

Section 8.  Section 2915.09 of the Revised Code is presented	2150
in this act as a composite of the section as amended by both Am.	2151
Sub. S.B. 70 and Am. Sub. S.B. 2 of the 121st General Assembly.	2152
The General Assembly, applying the principle stated in division	2153
(B) of section 1.52 of the Revised Code that amendments are to be	2154
harmonized if reasonably capable of simultaneous operation, finds	2155
that the composite is the resulting version of the section in	2156
effect prior to the effective date of the section as presented in	2157
this act.	2158