As Passed by the Senate

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


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

SENATORS Spada, Jacobson



A BILL
To amend sections 109.32, 173.121, 1531.01, 1711.09,1
2915.01, 2915.02, 2915.04, 2915.05, 2915.07 to2
2915.10, 2915.12, 3763.01, 4301.03, and 4303.17 and3
to enact sections 2915.081, 2915.082, 2915.091, 4
2915.092, 2915.101, and 2915.13 of the Revised Code5
to define "bingo" to include bingo, instant bingo,6
punch boards, and raffles; to increase the license7
fee to two hundred dollars for a license that8
authorizes charitable organizations to conduct9
bingo, to create a separate license that authorizes10
charitable organizations to conduct instant bingo11
with a license fee based on all money or assets12
received from instant bingo, and to allow the13
Attorney General to set the license fee for new14
licensees; to require the licensing of15
manufacturers and distributors of bingo supplies;16
to regulate the conduct of instant bingo and17
raffles; and to make other changes in the18
Charitable Gambling Law.19


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

       Section 1.  That sections 109.32, 173.121, 1531.01, 1711.09,20
2915.01, 2915.02, 2915.04, 2915.05, 2915.07, 2915.08, 2915.09,21
2915.10, 2915.12, 3763.01, 4301.03, and 4303.17 be amended and22
sections 2915.081, 2915.082, 2915.091, 2915.092, 2915.101, and23
2915.13 of the Revised Code be enacted to read as follows:24

       Sec. 109.32.  All annual filing fees obtained by the attorney25
general pursuant to section 109.31 of the Revised Code, all26
receipts obtained from the sale of the charitable lawfoundations27
directory, and all registration fees received by the attorney28
general, bond forfeitures, awards of costs and attorney's fees,29
and civil penalties assessed under Chapter 1716. of the Revised30
Code, and all license fees received by the attorney general under31
section 2915.08, 2915.081, or 2915.082 of the Revised Code shall32
be paid into the state treasury to the credit of the charitable33
law fund. The charitable law fund shall be used insofar as its34
moneys are available for the expenses of the charitable law35
section of the office of the attorney general, except that all36
annual license fees that are received by the attorney general37
under section 2915.08, 2915.081, or 2915.082 of the Revised Code38
and that are credited to the fund shall be used by the attorney39
general, or any local law enforcement agency in cooperation with40
the attorney general, for the purposes specified in division (G)41
of section 2915.10 of the Revised Code and to administer and42
enforce Chapter 2915. of the Revised Code. The expenses of the43
charitable law section in excess of moneys available in the44
charitable law fund shall be paid out of regular appropriations to45
the office of the attorney general.46

       Sec. 173.121.  (A) As used in this section, "bingo," "bingo47
game operator," and "participant" have the same meanings as in48
section 2915.01 of the Revised Code.49

       (B) Notwithstanding sections 2915.07 to 2915.122915.13 of50
the Revised Code, a multipurpose senior center may conduct bingo51
games described in division (S)(1) of section 2915.01 of the52
Revised Code, but only if it complies with all of the following53
requirements:54

       (1) All bingo games are conducted only on the premises of55
the facility;.56

       (2) All participants are sixty years of age or older;.57

       (3) All bingo game operators are sixty years of age or older58
and receive no compensation for serving as operators;.59

       (4) No participant is charged an admission fee, and no60
participant is charged more than twenty-five cents to purchase a61
bingo card or a card, sheet, or other device described in division62
(S)(2)(a) of section 2915.01 of the Revised Code;.63

       (5) All proceeds from games are used only for any of the64
following:65

       (a) To pay winners monetary or nonmonetary prizes;66

       (b) To provide refreshments;67

       (c) To defray any costs directly related to conducting the68
games;69

       (d) To defray costs of services the facility provides in70
accordance with section 173.12 of the Revised Code.71

       Sec. 1531.01.  As used in this chapter and Chapter 1533. of72
the Revised Code:73

       (A) "Person" means individual, company, partnership,74
corporation, municipal corporation, association, or any75
combination of individuals, or any employee, agent, or officer76
thereof.77

       (B) "Resident" means any individual who has resided in this78
state for not less than six months next preceding the date of79
making application for a license.80

       (C) "Nonresident" means any individual who does not qualify81
as a resident.82

       (D) "Division rule" or "rule" means any rule adopted by the83
chief of the division of wildlife under section 1531.10 of the84
Revised Code unless the context indicates otherwise.85

       (E) "Closed season" means that period of time during which86
the taking of wild animals protected by this chapter and Chapter87
1533. of the Revised Code is prohibited.88

       (F) "Open season" means that period of time during which the89
taking of wild animals protected by this chapter and Chapter 1533.90
of the Revised Code is permitted.91

       (G) "Take or taking" includes pursuing, shooting, hunting,92
killing, trapping, angling, fishing with a trotline, or netting93
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,94
wild bird, or wild quadruped, and any lesser act, such as95
wounding, or placing, setting, drawing, or using any other device96
for killing or capturing any wild animal, whether it results in97
killing or capturing the animal or not. "Take or taking" includes98
every attempt to kill or capture and every act of assistance to99
any other person in killing or capturing or attempting to kill or100
capture a wild animal.101

       (H) "Possession" means both actual and constructive102
possession and any control of things referred to.103

       (I) "Bag limit" means the number, measurement, or weight of104
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild105
birds, and wild quadrupeds permitted to be taken.106

       (J) "Transport and transportation" means carrying or moving107
or causing to be carried or moved.108

       (K) "Sell and sale" means barter, exchange, or offer or109
expose for sale.110

       (L) "Whole to include part" means that every provision111
relating to any wild animal protected by this chapter and Chapter112
1533. of the Revised Code applies to any part of the wild animal113
with the same effect as it applies to the whole.114

       (M) "Angling" means fishing with not more than two hand115
lines, not more than two units of rod and line, or a combination116
of not more than one hand line and one rod and line, either in117
hand or under control at any time while fishing. The hand line or118
rod and line shall have attached to it not more than three baited119
hooks, not more than three artificial fly rod lures, or one120
artificial bait casting lure equipped with not more than three121
sets of three hooks each.122

       (N) "Trotline" means a device for catching fish that123
consists of a line having suspended from it, at frequent124
intervals, vertical lines with hooks attached.125

       (O) "Fish" means a cold-blooded vertebrate having fins.126

       (P) "Measurement of fish" means length from the end of the127
nose to the longest tip or end of the tail.128

       (Q) "Wild birds" includes game birds and nongame birds.129

       (R) "Game" includes game birds, game quadrupeds, and130
fur-bearing animals.131

       (S) "Game birds" includes mourning doves, ringneck132
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse,133
pinnated grouse, wild turkey, Hungarian partridge, Chukar134
partridge, woodcocks, black-breasted plover, golden plover,135
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail,136
coots, gallinules, duck, geese, brant, and crows.137

       (T) "Nongame birds" includes all other wild birds not138
included and defined as game birds.139

       (U) "Wild quadrupeds" includes game quadrupeds and140
fur-bearing animals.141

       (V) "Game quadrupeds" includes cottontail rabbits, gray142
squirrels, black squirrels, fox squirrels, red squirrels, flying143
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,144
wild boar, and black bears.145

       (W) "Fur-bearing animals" includes minks, weasels, raccoons,146
skunks, opossums, muskrats, fox, beavers, badgers, otters,147
coyotes, and bobcats.148

       (X) "Wild animals" includes mollusks, crustaceans, aquatic149
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,150
and all other wild mammals, but does not include domestic deer.151

       (Y) "Hunting" means pursuing, shooting, killing, following152
after or on the trail of, lying in wait for, shooting at, or153
wounding wild birds or wild quadrupeds while employing any device154
commonly used to kill or wound wild birds or wild quadrupeds155
whether or not the acts result in killing or wounding. "Hunting"156
includes every attempt to kill or wound and every act of157
assistance to any other person in killing or wounding or158
attempting to kill or wound wild birds or wild quadrupeds.159

       (Z) "Trapping" means securing or attempting to secure160
possession of a wild bird or wild quadruped by means of setting,161
placing, drawing, or using any device that is designed to close162
upon, hold fast, confine, or otherwise capture a wild bird or wild163
quadruped whether or not the means results in capture. "Trapping"164
includes every act of assistance to any other person in capturing165
wild birds or wild quadrupeds by means of the device whether or166
not the means results in capture.167

       (AA) "Muskrat spear" means any device used in spearing168
muskrats.169

       (BB) "Channels and passages" means those narrow bodies of170
water lying between islands or between an island and the mainland171
in Lake Erie.172

       (CC) "Island" means a rock or land elevation above the173
waters of Lake Erie having an area of five or more acres above174
water.175

       (DD) "Reef" means an elevation of rock, either broken or in176
place, or gravel shown by the latest United States chart to be177
above the common level of the surrounding bottom of the lake,178
other than the rock bottom, or in place forming the base or179
foundation rock of an island or mainland and sloping from the180
shore of it. "Reef" also means all elevations shown by that chart181
to be above the common level of the sloping base or foundation182
rock of an island or mainland, whether running from the shore of183
an island or parallel with the contour of the shore of an island184
or in any other way and whether formed by rock, broken or in185
place, or from gravel.186

       (EE) "Fur farm" means any area used exclusively for raising187
fur-bearing animals or in addition thereto used for hunting game,188
the boundaries of which are plainly marked as such.189

       (FF) "Waters" includes any lake, pond, reservoir, stream,190
channel, lagoon, or other body of water, or any part thereof,191
whether natural or artificial.192

       (GG) "Crib" or "car" refers to that particular compartment193
of the net from which the fish are taken when the net is lifted.194

       (HH) "Commercial fish" means those species of fish permitted195
to be taken, possessed, bought, or sold unless otherwise196
restricted by the Revised Code or division rule and are alewife197
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin198
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),199
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus200
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead201
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel202
catfish (Ictalurus punctatus), flathead catfish (Pylodictis203
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),204
freshwater drum or sheepshead (Aplodinotus grunniens), gar205
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish206
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye207
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt208
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus209
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other210
than buffalo and quillback (Carpiodes sp., Catostomus sp.,211
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone212
chrysops), white perch (Roccus americanus), and yellow perch213
(Perca flavescens). When the common name of a fish is used in214
this chapter or Chapter 1533. of the Revised Code, it refers to215
the fish designated by the scientific name in this definition.216

       (II) "Fishing" means taking or attempting to take fish by217
any method, and all other acts such as placing, setting, drawing,218
or using any device commonly used to take fish whether resulting219
in a taking or not.220

       (JJ) "Fillet" means the pieces of flesh taken or cut from221
both sides of a fish, joined to form one piece of flesh.222

       (KK) "Part fillet" means a piece of flesh taken or cut from223
one side of a fish.224

       (LL) "Round" when used in describing fish means with head225
and tail intact.226

       (MM) "Migrate" means the transit or movement of fish to or227
from one place to another as a result of natural forces or228
instinct and includes, but is not limited to, movement of fish229
induced or caused by changes in the water flow.230

       (NN) "Spreader bar" means a brail or rigid bar placed across231
the entire width of the back, at the top and bottom of the cars in232
all trap, crib, and fyke nets for the purpose of keeping the233
meshes hanging squarely while the nets are fishing.234

       (OO) "Fishing guide" means any person who, for consideration235
or hire, operates a boat, rents, leases, or otherwise furnishes236
angling devices, ice fishing shanties or shelters of any kind, or237
other fishing equipment, and accompanies, guides, directs, or238
assists any other person in order for the other person to engage239
in fishing.240

       (PP) "Net" means fishing devices with meshes composed of241
twine or synthetic material and includes, but is not limited to,242
trap nets, fyke nets, crib nets, carp aprons, dip nets, and243
seines, except minnow seines and minnow dip nets.244

       (QQ) "Commercial fishing gear" means seines, trap nets, fyke245
nets, dip nets, carp aprons, trotlines, other similar gear, and246
any boat used in conjunction with that gear, but does not include247
gill nets.248

       (RR) "Native wildlife" means any species of the animal249
kingdom indigenous to this state.250

       (SS) "Gill net" means a single section of fabric or netting251
seamed to a float line at the top and a lead line at the bottom,252
which is designed to entangle fish in the net openings as they253
swim into it.254

       (TT) "Tag fishing tournament" means a contest in which a255
participant pays a fee, or gives other valuable consideration, for256
a chance to win a prize by virtue of catching a tagged or257
otherwise specifically marked fish within a limited period of258
time, but does not include a scheme of chance conducted under259
division (D)(1) of section 2915.02 of the Revised Code.260

       (UU) "Tenant" means an individual who resides on land for261
which the individual pays rent and whose annual income is262
primarily derived from agricultural production conducted on that263
land, as "agricultural production" is defined in section 929.01 of264
the Revised Code.265

       (VV) "Nonnative wildlife" means any wild animal not266
indigenous to this state, but does not include domestic deer.267

       (WW) "Reptiles" includes common musk turtle (sternotherus268
odoratus), common snapping turtle (Chelydra serpentina269
serpentina), spotted turtle (Clemmys guttata), eastern box turtle270
(Terrapene carolina carolina), Blanding's turtle (Emydoidea271
blandingii), common map turtle (Graptemys geographica), ouachita272
map turtle (Graptemys pseudogeographica ouachitensis), midland273
painted turtle (Chrysemys picta marginata), red-eared slider274
(Trachemys scripta elegans), eastern spiny softshell turtle275
(Apalone spinifera spinifera), midland smooth softshell turtle276
(Apalone mutica mutica), northern fence lizard (Sceloporus277
undulatus hyacinthinus), ground skink (Scincella lateralis),278
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces279
laticeps), northern coal skink (Eumeces anthracinus anthracinus),280
European wall lizard (Podarcis muralis), queen snake (Regina281
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern282
water snake (Nerodia sipedon sipedon), Lake Erie watersnake283
(Nerodia sipedon insularum), copperbelly water snake (Nerodia284
erythrogaster neglecta), northern brown snake (Storeria dekayi285
dekayi), midland brown snake (Storeria dekayi wrightorum),286
northern redbelly snake (Storeria occipitomaculata287
occipitomaculata), eastern garter snake (Thamnophis sirtalis288
sirtalis), eastern plains garter snake (Thamnophis radix radix),289
Butler's garter snake (Thamnophis butleri), shorthead garter snake290
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis291
sauritus sauritus), northern ribbon snake (Thamnophis sauritus292
septentrionalis), eastern hognose snake (Heterodon platirhinos),293
eastern smooth earth snake (Virginia valeriae valeriae), northern294
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake295
(Carphophis amoenus helenae), eastern worm snake (Carphophis296
amoenus amoenus), black racer (Coluber constrictor constrictor),297
blue racer (Coluber constrictor foxii), rough green snake298
(opheodrys aestivus), smooth green snake (opheodrys vernalis299
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox300
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis301
getula nigra), eastern milk snake (Lampropeltis triangulum302
triangulum), northern copperhead (Agkistrodon contortrix mokasen),303
eastern massasauga (Sistrurus catenatus catenatus), and timber304
rattlesnake (Crotalus horridus horridus).305

       (XX) "Amphibians" includes eastern hellbender306
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus307
maculosus maculosus), red-spotted newt (Notophthalmus viridescens308
viridescens), Jefferson salamander (Ambystoma jeffersonianum),309
spotted salamander (Ambystoma maculatum), blue-spotted salamander310
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),311
streamside salamander (Ambystoma barbouri), marbled salamander312
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum313
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),314
mountain dusky salamander (Desmognathus ochrophaeus), redback315
salamander (Plethodon cinereus), ravine salamander (Plethodon316
richmondi), northern slimy salamander (Plethodon glutinosus),317
Wehrle's salamander (Plethodon wehrlei), four-toed salamander318
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus319
porphyriticus duryi), northern spring salamander (Gyrinophilus320
porphyriticus porphyriticus), mud salamander (Pseudotriton321
montanus), northern red salamander (Pseudotriton ruber ruber),322
green salamander (Aneides aeneus), northern two-lined salamander323
(Eurycea bislineata), longtail salamander (Eurycea longicauda324
longicauda), cave salamander (Eurycea lucifuga), southern325
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo326
woodhousii fowleri), American toad (Bufo americanus), eastern327
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris328
crepitans blanchardi), northern spring peeper (Pseudacris crucifer329
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog330
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata331
triseriata), mountain chorus frog (Pseudacris brachyphona),332
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),333
northern leopard frog (Rana pipiens), pickerel frog (Rana334
palustris), southern leopard frog (Rana utricularia), and wood335
frog (Rana sylvatica).336

       (YY) "Deer" means white-tailed deer (Oddocoileus337
virginianus).338

       (ZZ) "Domestic deer" means nonnative deer that have been339
legally acquired or their offspring and that are held in private340
ownership for primarily agricultural purposes.341

       (AAA) "Migratory game bird" includes waterfowl (Anatidae);342
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules343
(Rallidae); and woodcock and snipe (Scolopacidae).344

       Sec. 1711.09.  Except as otherwise provided in this section,345
county agricultural societies, independent agricultural societies,346
and the Ohio expositions commission shall not permit during any347
fair, or for one week before or three days thereafterafter any348
fair, any dealing in spirituous liquors, or at any time allow or349
tolerate immoral shows, lottery devices, games of chance, or350
gambling of any kind, including pool selling and paddle wheels,351
anywhere on the fairground; and shall permit no person at any time352
to operate any side show, amusement, game, or device, or offer for353
sale any novelty by auction or solicitation, on suchthe354
fairground who has not first obtained from the director of355
agriculture sucha license as is provided byunder section 1711.11356
of the Revised Code. This section does not prohibit the sale of357
lottery tickets by the state lottery commission pursuant to358
Chapter 3770. of the Revised Code at the state fairground during359
the state fair. In addition, a county or independent agricultural360
society may permit, at any time except during a fair or for one361
week before or three days thereafterafter a fair, a charitable362
organization to conduct in accordance with Chapter 2915. of the363
Revised Code games of chance, schemes of chance, or bingo on the364
fairground of a county with a population of 500,000five hundred365
thousand or less. A charitable organization may lease all or part366
of the fairground from the agricultural society for that purpose.367

       Any sales of intoxicating liquor transacted on the fairground368
shall be subject to Chapters 4301., 4303., and 4399. of the369
Revised Code.370

       Any agricultural society that permits the sale of371
intoxicating liquor on its fairground shall apply any proceeds372
gained by suchthe society from the permit holder and from373
activities coincident to the sale of intoxicating liquor first to374
pay the cost of insurance on all buildings on suchthe fairground,375
and then for any other purpose authorized by law.376

       Sec. 2915.01.  As used in this chapter:377

       (A) "Bookmaking" means the business of receiving or paying378
off bets.379

       (B) "Bet" means the hazarding of anything of value upon the380
result of an event, undertaking, or contingency, but does not381
include a bona fide business risk.382

       (C) "Scheme of chance" means a slot machine, lottery, numbers383
game, pool, or other scheme in which a participant gives a384
valuable consideration for a chance to win a prize,but does not385
include bingo.386

       (D) "Game of chance" means poker, craps, roulette, a slot387
machine, a punch board, or other game in which a player gives388
anything of value in the hope of gain, the outcome of which is389
determined largely or wholly by chance,but does not include390
bingo.391

       (E) "Scheme or gameGame of chance conducted for profit"392
means any scheme or game of chance designed to produce income for393
the person who conducts or operates the scheme or game of chance,394
but does not include a charitable bingo game.395

       (F) "Gambling device" means any of the following:396

       (1) A book, totalizer, or other equipment for recording397
bets;398

       (2) A ticket, token, or other device representing a chance,399
share, or interest in a scheme of chance, except a charitable400
bingo game, or evidencing a bet;401

       (3) A deck of cards, dice, gaming table, roulette wheel,402
slot machine, punch board, or other apparatus designed for use in403
connection with a game of chance;404

       (4) Any equipment, device, apparatus, or paraphernalia405
specially designed for gambling purposes;406

       (5) Bingo supplies sold or otherwise provided, or used, in407
violation of this chapter.408

       (G) "Gambling offense" means any of the following:409

       (1) A violation of section 2915.02, 2915.03, 2915.04,410
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,411
2915.092, 2915.10, or 2915.11 of the Revised Code;412

       (2) A violation of an existing or former municipal ordinance413
or law of this or any other state or the United States414
substantially equivalent to any section listed in division (G)(1)415
of this section or a violation of section 2915.06 of the Revised416
Code as it existed prior to the effective date of this amendment417
July 1, 1996;418

       (3) An offense under an existing or former municipal419
ordinance or law of this or any other state or the United States,420
of which gambling is an element;421

       (4) A conspiracy or attempt to commit, or complicity in422
committing, any offense under division (G)(1), (2), or (3) of this423
section.424

       (H) "CharitableExcept as otherwise provided in this chapter,425
"charitable organization" means any tax exempt religious,426
educational, veteran's, fraternal, service, nonprofit medical,427
volunteer rescue service, volunteer fire fighter'sfirefighter's,428
senior citizen's, youth athletic, amateur athletic, or youth429
athletic park organization. An organization is tax exempt if the430
organization is, and has received from the internal revenue431
service a determination letter that currently is in effect stating432
that the organization is, exempt from federal income taxation433
under subsection 501(a) and described in subsection 501(c)(3),434
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal435
Revenue Code. To qualify as a charitable organization, an436
organization, except a volunteer rescue service or volunteer fire437
fighter's organization, shall have been in continuous existence as438
such in this state for a period of two years immediately preceding439
either the making of an application for a bingo license under440
section 2915.08 of the Revised Code or the conducting of any441
scheme of chance or game of chance as provided in division (C)of442
section 2915.02 of the Revised Code. A charitable organization443
that is exempt from federal income taxation under subsection444
501(a) and described in subsection 501(c)(3) of the Internal445
Revenue Code and that is created by a veteran's organization or a446
fraternal organization does not have to have been in continuous447
existence as such in this state for a period of two years448
immediately preceding either the making of an application for a449
bingo license under section 2915.08 of the Revised Code or the450
conducting of any scheme of chance or game of chance as provided451
in division (D) of section 2915.02 of the Revised Code.452

       (I) "Religious organization" means any church, body of453
communicants, or group that is not organized or operated for454
profit and that gathers in common membership for regular worship455
and religious observances.456

       (J) "Educational organization" means any organization within457
this state that is not organized for profit, the primaryexclusive458
purpose of which is to educate and develop the capabilities of459
individuals through instruction, and that operates or contributes460
to the support of a school, academy, college, or university.461

       (K) "Veteran's organization" means any individual post of a462
national veteran's association or an auxiliary unit of any463
individual post of a national veteran's association, which post or464
auxiliary unit has been incorporated as a nonprofit corporation465
for at least two years and has received a letter from the state466
headquarters of the national veteran's association indicating that467
the individual post or auxiliary unit is in good standing with the468
national veteran's association. As used in this division,469
"national veteran's association" means any veteran's association470
that has been in continuous existence as such for a period of at471
least tenfive years and either is incorporated by an act of the472
United States congress or has a national dues-paying membership of473
at least five thousand persons.474

       (L) "Volunteer fire fighter'sfirefighter's organization"475
means any organization of volunteer fire fightersfirefighters, as476
defined in section 146.01 of the Revised Code, that is organized477
and operated exclusively to provide financial support for a478
volunteer fire department or a volunteer fire company and that is479
recognized or ratified by a county, municipal corporation, or480
township.481

       (M) "Fraternal organization" means any society, order, or482
association within this state, except a college or high school483
fraternity, that is not organized for profit, that is a branch,484
lodge, or chapter of a national or state organization, that exists485
exclusively for the common business or sodality of its members,486
and that has been in continuous existence in this state for a487
period of five years.488

       (N) "Volunteer rescue service organization" means any489
organization of volunteers organized to function as an emergency490
medical service organization, as defined in section 4765.01 of the491
Revised Code.492

       (O) "Service organization" means any organization, not493
organized for profit, that is organized and operated exclusively494
to provide, or to contribute to the support of organizations or495
institutions organized and operated exclusively to provide,496
medical and therapeutic services for persons who are crippled,497
born with birth defects, or have any other mental or physical498
defect or those organized and operated exclusively to protect, or499
to contribute to the support of organizations or institutions500
organized and operated exclusively to protect, animals from501
inhumane treatment.502

       (P) "Nonprofit medical organization" means any organization503
that has been incorporated as a nonprofit corporation for at least504
five years and that has continuously operated and will be operated505
exclusively to provide, or to contribute to the support of506
organizations or institutions organized and operated exclusively507
to provide, hospital, medical, research, or therapeutic services508
for the public.509

       (Q) "Senior citizen's organization" means any private510
organization, not organized for profit, that is organized and511
operated exclusively to provide recreational or social services512
for persons who are fifty-five years of age or older and that is513
described and qualified under subsection 501(c)(3) of the Internal514
Revenue Code.515

       (R) "Charitable bingo game" means any bingo game described in516
division (S)(1) or (2) of this section that is conducted by a517
charitable organization that has obtained a bingo license pursuant518
to section 2915.08 of the Revised Code and the proceeds of which519
are used for a charitable purpose.520

       (S) "Bingo" means either of the following:521

       (1) A game with all of the following characteristics:522

       (a) The participants use bingo cards or sheets, including523
paper formats and electronic representation or image formats, that524
are divided into twenty-five spaces arranged in five horizontal525
and five vertical rows of spaces, with each space, except the526
central space, being designated by a combination of a letter and a527
number and with the central space being designated as a free528
space.529

       (b) The participants cover the spaces on the bingo cards or530
sheets that correspond to combinations of letters and numbers that531
are announced by a bingo game operator.532

       (c) A bingo game operator announces combinations of letters533
and numbers that appear on objects that a bingo game operator534
selects by chance, either manually or mechanically, from a535
receptacle that contains seventy-five objects at the beginning of536
each game, each object marked by a different combination of a537
letter and a number that corresponds to one of the seventy-five538
possible combinations of a letter and a number that can appear on539
the bingo cards or sheets.540

       (d) The winner of the bingo game includes any participant541
who properly announces during the interval between the542
announcements of letters and numbers as described in division543
(S)(1)(c) of this section, that a predetermined and preannounced544
pattern of spaces has been covered on a bingo card or sheet being545
used by the participant.546

       (2) Any scheme or game other than a game as defined in547
division (S)(1) of this section with the following548
characteristics:549

       (a) The participants use cards, sheets, or other devices550
that are divided into spaces arranged in horizontal, vertical, or551
diagonal rows of spaces, with each space, except free spaces,552
being designated by a single letter, number, or symbol; by a553
combination of letters, numbers, or symbols; by a combination of a554
letter and a number, a letter and a symbol, or a number and a555
symbol; or by any combination of letters, numbers, and symbols,556
with some or none of the spaces being designated as a free,557
complimentary, or similar space.558

       (b) The participants cover the spaces on the cards, sheets,559
or devices that correspond to letters, numbers, symbols, or560
combinations of such that are announced by a bingo game operator561
or otherwise transmitted to the participants.562

       (c) A bingo game operator announces, or otherwise transmits563
to the participants, letters, numbers, symbols, or any combination564
of such as set forth in division (S)(2)(a) of this section that565
appear on objects that a bingo game operator selects by chance566
that correspond to one of the possible letters, numbers, symbols,567
or combinations of such that can appear on the bingo cards,568
sheets, or devices.569

       (d) The winner of the bingo game is any participant who570
properly announces that a predetermined and preannounced pattern571
of spaces has been covered on a card, sheet, or device being used572
by the participantInstant bingo, punch boards, and raffles.573

       (T) "Conduct" means to back, promote, organize, manage, carry574
on, sponsor, or prepare for the operation of a schemebingo or a575
game of chance but does not include any act performed by a bingo576
game operator.577

       (U) "Bingo game operator" means any person, except security578
personnel, who performs work or labor at the site of a bingo game,579
including, but not limited to, collecting money from participants,580
handing out bingo cards or sheets or objects to cover spaces on581
the bingo cards or sheets, selecting from a receptacle the objects582
that contain the combination of letters and numbers that appear on583
the bingo cards or sheets, calling out the combinations of letters584
and numbers, distributing prizes to the winner of the bingo game,585
selling or redeeming instant bingo tickets or cards, supervising586
the operation of a punch board, selling raffle tickets, selecting587
raffle tickets from a receptacle and announcing the winning588
numbers in a raffle, and preparing, selling, and serving food or589
beverages.590

       (V) "Participant" means any person who plays bingo by591
covering the spaces on a bingo card that correspond to592
combinations of letters and numbers that are announced by a bingo593
game operator.594

       (W) "Bingo session" means a period, notthat includes both of595
the following:596

       (1) Not to exceed five continuous hours, during which a597
person conductsfor the conduct of one or more bingo games598
described in division (S)(1) of this section, instant bingo, and599
seal cards;600

       (2) A period for the conduct of instant bingo and seal cards601
for not more than two hours before and not more than two hours602
after the period described in division (W)(1) of this section.603

       (X) "Gross receipts" means all money or assets, including604
admission fees, that a person receives from a bingo session that605
the person conducts without the deduction of any amounts for606
prizes paid out during the session or for the expenses of607
conducting the bingo session. "Gross receipts" does not include608
any money directly taken in from the sale of food or beverages by609
a charitable organization conducting a bingo session, or by a bona610
fide auxiliary unit or society of a charitable organization, at a611
bingo session conducted by the charitable organizationconducting612
bingo, provided all of the following apply:613

       (1) The auxiliary unit or society has been in existence as a614
bona fide auxiliary unit or society of the charitable organization615
for at least two years prior to theconducting bingo session.616

       (2) The person who purchases the food or beverage receives617
nothing of value except the food or beverage and items customarily618
received with the purchase of that food or beverage.619

       (3) The food and beverages are sold at customary and620
reasonable prices.621

       (4) No person preparing, selling, or serving the food or622
beverages at the site of the bingo game receives directly or623
indirectly any form of compensation for the preparation, sale, or624
service of the food or beverages.625

       (Y) "Security personnel" includes any person who either is a626
sheriff, deputy sheriff, marshal, deputy marshal, township627
constable, or member of an organized police department of a628
municipal corporation or has successfully completed a peace629
officer's training course pursuant to sections 109.71 to 109.79 of630
the Revised Code and who is hired to provide security for the631
premises on which a bingo game is conducted.632

       (Z) "To use gross receipts for a charitableCharitable633
purpose" means that the proceedsnet profit of the bingo game are,634
other than instant bingo, is used by, or is given, donated, or635
otherwise transferred to, any of the following:636

       (1) Any organization that is described in subsection637
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code638
and is either a governmental unit or an organization that is tax639
exempt under subsection 501(a) and described in subsection640
501(c)(3) of the Internal Revenue Code; that the proceeds of the641
bingo game are used by, or given, donated, or otherwise642
transferred to a643

       (2)A veteran's organization, as defined in division (K) of644
this section, that is a post, chapter, or organization of war645
veterans, or an auxiliary unit or society of, or a trust or646
foundation for, any such post, chapter, or organization organized647
in the United States or any of its possessions, at least648
seventy-five per cent of the members of which are war veterans and649
substantially all of the other members of which are individuals650
who are veterans (but not war veterans) or are cadets, or are651
spouses, widows, or widowers of war veterans, or such individuals,652
provided that no part of the net earnings of such post, chapter,653
or organization inures to the benefit of any private shareholder654
or individual, and further provided that the bingo game proceeds655
arenet profit is used by the post, chapter, or organization for656
the charitable purposes set forth in division (B)(12) of section657
5739.02 of the Revised Code, areis used for awarding scholarships658
to or for attendance at an institution mentioned in division659
(B)(12) of section 5739.02 of the Revised Code, areis donated to660
a governmental agency, or areis used for nonprofit youth661
activities, the purchase of United States or Ohio flags that are662
donated to schools, youth groups, or other bona fide nonprofit663
organizations, promotion of patriotism, or disaster relief; that664
the proceeds of the bingo game are used by, or given, donated, or665
otherwise transferred to a666

       (3) A fraternal organization that has been in continuous667
existence in this state for fifteen years for useand that uses668
the net profit exclusively for religious, charitable, scientific,669
literary, or educational purposes, or for the prevention of670
cruelty to children or animals and, if contributions for such use671
would qualify as a deductible charitable contribution under672
subsection 170 of the Internal Revenue Code; or that the proceeds673
of the bingo game are used by a674

       (4)A volunteer fire fighter'sfirefighter's organization and675
are used by the organizationthat uses the net profit for the676
purposes set forth in division (L) of this section.677

       (AA) "Internal Revenue Code" means the "Internal Revenue Code678
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter679
amended.680

       (BB) "Youth athletic organization" means any organization,681
not organized for profit, that is organized and operated682
exclusively to provide financial support to, or to operate,683
athletic activities for persons who are twenty-one years of age or684
younger by means of sponsoring, organizing, operating, or685
contributing to the support of an athletic team, club, league, or686
association.687

       (CC) "Youth athletic park organization" means any688
organization, not organized for profit, that satisfies both of the689
following:690

       (1) It owns, operates, and maintains playing fields that691
satisfy both of the following:692

       (a) The playing fields are used at least one hundred days693
per year for athletic activities by one or more organizations, not694
organized for profit, each of which is organized and operated695
exclusively to provide financial support to, or to operate,696
athletic activities for persons who are eighteen years of age or697
younger by means of sponsoring, organizing, operating, or698
contributing to the support of an athletic team, club, league, or699
association.700

       (b) The playing fields are not used for any profit-making701
activity at any time during the year.702

       (2) It uses the proceeds of the bingo games it conducts703
exclusively for the operation, maintenance, and improvement of its704
playing fields of the type described in division (CC)(1) of this705
section.706

       (DD) "Amateur athletic organization" means any organization,707
not organized for profit, that is organized and operated708
exclusively to provide financial support to, or to operate,709
athletic activities for persons who are training for amateur710
athletic competition that is sanctioned by a national governing711
body as defined in the "Amateur Sports Act of 1978," 90 Stat.712
3045, 36 U.S.C.A. 373.713

       (EE) "Bingo supplies" means bingo cards or sheets; instant714
bingo tickets or cards; electronic bingo aids; raffle tickets;715
punch boards; seal cards; instant bingo ticket dispensers; and716
devices for selecting or displaying the combination of bingo717
letters and numbers or raffle tickets. Items that are "bingo718
supplies" are not gambling devices if sold or otherwise provided,719
and used, in accordance with this chapter. For purposes of this720
chapter, "bingo supplies" are not to be considered equipment used721
to conduct a bingo game.722

       (FF) "Instant bingo" means a form of bingo that uses folded723
or banded tickets or paper cards with perforated break-open tabs,724
a face of which is covered or otherwise hidden from view to725
conceal a number, letter, or symbol, or set of numbers, letters,726
or symbols, some of which have been designated in advance as prize727
winners. "Instant bingo" includes seal cards. "Instant bingo"728
does not include any device that is activated by the insertion of729
a coin, currency, token, or an equivalent, and that contains as730
one of its components a video display monitor that is capable of731
displaying numbers, letters, symbols, or characters in winning or732
losing combinations.733

       (GG) "Seal card" means a form of instant bingo that uses734
instant bingo tickets in conjunction with a board or placard that735
contains one or more seals that, when removed or opened, reveal736
predesignated winning numbers, letters, or symbols.737

       (HH) "Raffle" means a form of bingo in which the one or more738
prizes are won by one or more persons who have purchased a raffle739
ticket. The one or more winners of the raffle are determined by740
drawing a ticket stub or other detachable section from a741
receptacle containing ticket stubs or detachable sections742
corresponding to all tickets sold for the raffle.743

       (II) "Punch board" means a board containing a number of holes744
or receptacles of uniform size in which are placed, mechanically745
and randomly, serially numbered slips of paper that may be punched746
or drawn from the hole or receptacle when used in conjunction with747
instant bingo. A player may punch or draw the numbered slips of748
paper from the holes or receptacles and obtain the prize749
established for the game if the number drawn corresponds to a750
winning number or, if the punch board includes the use of a seal751
card, a potential winning number.752

       (JJ) "Gross profit" means gross receipts minus the amount753
actually expended for the payment of prize awards.754

       (KK) "Net profit" means gross profit minus expenses.755

       (LL) "Expenses" means the reasonable amount of gross profit756
actually expended for all of the following:757

       (1) The purchase or lease of bingo supplies;758

       (2) The annual license fee required under section 2915.08 of759
the Revised Code;760

       (3) Bank fees and service charges for a bingo session or game761
account described in section 2915.10 of the Revised Code;762

       (4) Audits and accounting services;763

       (5) Safes;764

       (6) Cash registers;765

       (7) Hiring security personnel;766

       (8) Advertising bingo;767

       (9) Renting premises in which to conduct bingo;768

       (10) Tables and chairs;769

       (11) Any other product or service directly related to the770
conduct of bingo that is authorized in rules adopted by the771
attorney general under division (B)(1) of section 2915.08 of the772
Revised Code.773

       (MM) "Person" has the same meaning as in section 1.59 of the774
Revised Code and includes any firm or any other legal entity,775
however organized.776

       (NN) "Revoke" means to void permanently all rights and777
privileges of the holder of a license issued under section778
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable779
gaming license issued by another jurisdiction.780

       (OO) "Suspend" means to interrupt temporarily all rights and781
privileges of the holder of a license issued under section782
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable783
gaming license issued by another jurisdiction.784

       (PP) "Distributor" means any person who purchases or obtains785
bingo supplies and who sells, offers for sale, or otherwise786
provides or offers to provide the bingo supplies to another person787
for use in this state.788

       (QQ) "Manufacturer" means any person who assembles completed789
bingo supplies from raw materials, other items, or subparts or who790
modifies, converts, adds to, or removes parts from bingo supplies791
to further their promotion or sale.792

       (RR) "Gross annual revenues" means the annual gross receipts793
derived from the conduct of bingo described in division (S)(1) of794
this section plus the annual net profit derived from the conduct795
of bingo described in division (S)(2) of this section.796

       (SS) "Instant bingo ticket dispenser" means a mechanical797
device that dispenses an instant bingo ticket or card as the sole798
item of value dispensed and that has the following799
characteristics:800

        (1) It is activated upon the insertion of United States801
currency.802

        (2) It performs no gaming functions.803

        (3) It does not contain a video display monitor or generate804
noise.805

        (4) It is not capable of displaying any numbers, letters,806
symbols, or characters in winning or losing combinations.807

       (5) It does not simulate or display rolling or spinning808
reels.809

        (6) It is incapable of determining whether a dispensed810
bingo ticket or card is a winning or nonwinning ticket or card and811
requires a winning ticket or card to be paid by a bingo game812
operator.813

        (7) It may provide accounting and security features to aid814
in accounting for the instant bingo tickets or cards it dispenses.815

       (8) It is not part of an electronic network and is not816
interactive.817

       (TT)(1) "Electronic bingo aid" means an electronic device818
used by a participant to monitor bingo cards or sheets purchased819
at the time and place of a bingo session and that does all of the820
following:821

        (a) It provides a means for a participant to input numbers822
and letters announced by a bingo caller.823

        (b) It compares the numbers and letters entered by the824
participant to the bingo faces previously stored in the memory of825
the device.826

        (c) It identifies a winning bingo pattern.827

        (2) "Electronic bingo aid" does not include any device into828
which a coin, currency, token, or an equivalent is inserted to829
activate play.830

       (UU) "Deal of instant bingo tickets" means a single game of831
instant bingo tickets all with the same serial number.832

       (VV) "Slot machine means either of the following:833

        (1) Any mechanical, electronic, video, or digital device834
that is capable of accepting anything of value, directly or835
indirectly, from or on behalf of a player who gives the thing of836
value in the hope of gain, the outcome of which is determined837
largely or wholly by chance;838

        (2) Any mechanical, electronic, video, or digital device839
that is capable of accepting anything of value, directly or840
indirectly, from or on behalf of a player to conduct or dispense841
bingo or a scheme or game of chance.842

        (WW) "Net profit from the proceeds of the sale of instant843
bingo" means gross profit minus the ordinary, necessary, and844
reasonable expense expended for the purchase of instant bingo845
supplies. 846

       Sec. 2915.02.  (A) No person shall do any of the following:847

       (1) Engage in bookmaking, or knowingly engage in conduct848
that facilitates bookmaking;849

       (2) Establish, promote, or operate or knowingly engage in850
conduct that facilitates any scheme or game of chance conducted851
for profit or any scheme of chance;852

       (3) Knowingly procure, transmit, exchange, or engage in853
conduct that facilitates the procurement, transmission, or854
exchange of information for use in establishing odds or855
determining winners in connection with bookmaking or with any856
scheme or game of chance conducted for profit or any scheme of857
chance;858

       (4) Engage in betting or in playing any scheme or game of859
chance, except a charitable bingo game, as a substantial source of860
income or livelihood;861

       (5) With purpose to violate division (A)(1), (2), (3), or862
(4) of this section, acquire, possess, control, or operate any863
gambling device.864

       (B) For purposes of division (A)(1) of this section, a865
person facilitates bookmaking if the person in any way knowingly866
aids an illegal bookmaking operation, including, without867
limitation, placing a bet with a person engaged in or facilitating868
illegal bookmaking. For purposes of division (A)(2) of this869
section, a person facilitates a scheme or game of chance conducted870
for profit or a scheme of chance if the person in any way871
knowingly aids in the conduct or operation of any such scheme or872
game or scheme, including, without limitation, playing any such873
scheme or game or scheme.874

       (C) This section does not prohibit conduct in connection875
with gambling expressly permitted by law.876

       (D) This section does not apply to any of the following:877

       (1) Schemes of chance conducted by a charitable organization878
that is, and has received from the internal revenue service a879
determination letter that is currently in effect stating that the880
organization is, exempt from federal income taxation under881
subsection 501(a) and described in subsection 501(c)(3) of the882
Internal Revenue Code, provided that all of the money or assets883
received from the scheme of chance after deduction only of prizes884
paid out during the conduct of the scheme of chance are used by,885
or given, donated, or otherwise transferred to, any organization886
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)887
of the Internal Revenue Code and is either a governmental unit or888
an organization that is tax exempt under subsection 501(a) and889
described in subsection 501(c)(3) of the Internal Revenue Code,890
and provided that the scheme of chance is not conducted during, or891
within ten hours of, a bingo game conducted for amusement purposes892
only pursuant to section 2915.12 of the Revised Code;893

       (2) Games of chance, if all of the following apply:894

       (a) The games of chance are not craps for money,or roulette895
for money, or slot machines;.896

       (b) The games of chance are conducted by a charitable897
organization that is, and has received from the internal revenue898
service a determination letter that is currently in effect,899
stating that the organization is, exempt from federal income900
taxation under subsection 501(a) and described in subsection901
501(c)(3) of the Internal Revenue Code;.902

       (c) The games of chance are conducted at festivals of the903
charitable organization that are conducted either for a period of904
four consecutive days or less and not more than twice a year or905
for a period of five consecutive days not more than once a year,906
and are conducted on premises owned by the charitable organization907
for a period of no less than one year immediately preceding the908
conducting of the games of chance, on premises leased from a909
governmental unit, or on premises that are leased from a veteran's910
or fraternal organization and that have been owned by the lessor911
veteran's or fraternal organization for a period of no less than912
one year immediately preceding the conducting of the games of913
chance.914

       A charitable organization shall not lease premises from a915
veteran's or fraternal organization to conduct a festival916
described in division (D)(2)(1)(c) of this section if the917
veteran's or fraternal organization already has leased the918
premises four times during the preceding year to charitable919
organizations for that purpose. If a charitable organization920
leases premises from a veteran's or fraternal organization to921
conduct a festival described in division (D)(2)(1)(c) of this922
section, the charitable organization shall not pay a rental rate923
for the premises per day of the festival that exceeds the rental924
rate per bingo session that a charitable organization may pay925
under division (A)(3)(B)(1) of section 2915.09 of the Revised Code926
when it leases premises from another charitable organization to927
conduct bingo games.928

       (d) All of the money or assets received from the games of929
chance after deduction only of prizes paid out during the conduct930
of the games of chance are used by, or given, donated, or931
otherwise transferred to, any organization that is described in932
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal933
Revenue Code and is either a governmental unit or an organization934
that is tax exempt under subsection 501(a) and described in935
subsection 501(c)(3) of the Internal Revenue Code;936

       (e) The games of chance are not conducted during, or within937
ten hours of, a bingo game conducted for amusement purposes only938
pursuant to section 2915.12 of the Revised Code.939

       No person shall receive any commission, wage, salary, reward,940
tip, donation, gratuity, or other form of compensation, directly941
or indirectly, for operating or assisting in the operation of any942
scheme or game of chance.943

       (3)(2) Any tag fishing tournament operated under a permit944
issued under section 1533.92 of the Revised Code, as "tag fishing945
tournament" is defined in section 1531.01 of the Revised Code;946

       (3) Bingo conducted by a charitable organization that holds947
a license issued under section 2915.08 of the Revised Code.948

       (E) Division (D) of this section shall not be construed to949
authorize the sale, lease, or other temporary or permanent950
transfer of the right to conduct schemes of chance or games of951
chance, as granted by that division (D) of this section, by any952
charitable organization that is granted that right.953

       (F) Whoever violates this section is guilty of gambling, a954
misdemeanor of the first degree. If the offender previously has955
been convicted of any gambling offense, gambling is a felony of956
the fifth degree.957

       Sec. 2915.04.  (A) No person, while at a hotel, restaurant,958
tavern, store, arena, hall, or other place of public959
accommodation, business, amusement, or resort shall make a bet or960
play any game of chance or scheme of chance.961

       (B) No person, being the owner or lessee, or having custody,962
control, or supervision, of a hotel, restaurant, tavern, store,963
arena, hall, or other place of public accommodation, business,964
amusement, or resort shall recklessly permit suchthose premises965
to be used or occupied in violation of division (A) of this966
section.967

       (C) This(1) Except as otherwise provided in section 2915.13968
of the Revised Code, no person, while at a tavern or other969
establishment at which beer or intoxicating liquor is sold for970
consumption on the premises, shall play bingo, any game of971
chance, or any scheme of chance, whether or not a charitable972
organization conducts the bingo, game, or scheme.973

        (2) Except as otherwise provided in section 2915.13 of the974
Revised Code, no person who is the owner or lessee, or who has975
custody, control, or supervision, of a tavern or other976
establishment at which beer or intoxicating liquor is sold for977
consumption on the premises shall recklessly permit the premises978
to be used or occupied for a purpose described in division (C)(1)979
of this section.980

        (D)(1) Divisions (A) and (B) of this section doesdo not981
prohibit conduct in connection with gambling expressly permitted982
by law.983

       (2) Division (C) of this section does not prohibit conduct984
permitted under division (D) of section 2915.02 of the Revised985
Code and does not apply to bingo, any game of chance, or any986
scheme of chance conducted by a veteran's organization or a987
fraternal organization pursuant to section 2915.13 of the Revised988
Code.989

       (D)(E) Whoever violates this section is guilty of public990
gaming,. Except as otherwise provided in this division, public991
gaming is a minor misdemeanor. If the offender has previously has992
been convicted of any gambling offense, public gaming is a993
misdemeanor of the fourth degree.994

       (E)(F) Premises used or occupied in violation of division995
(B) or (C) of this section constitute a nuisance subject to996
abatement pursuant to sections 3767.01 to 3767.99under Chapter997
3767. of the Revised Code.998

       Sec. 2915.05.  (A) No person, with purpose to defraud or999
knowing that the person is facilitating a fraud, shall engage in1000
conduct designed to corrupt the outcome of any of the following:1001

       (1) The subject of a bet;1002

       (2) A contest of knowledge, skill, or endurance that is not1003
an athletic or sporting event;1004

       (3) A scheme or game of chance;1005

       (4) Bingo.1006

       (B) No person shall knowingly do any of the following:1007

       (1) Offer, give, solicit, or accept anything of value to1008
corrupt the outcome of an athletic or sporting event;1009

       (2) Engage in conduct designed to corrupt the outcome of an1010
athletic or sporting event.1011

       (C)(1) Whoever violates division (A) of this section is1012
guilty of cheating,. Except as otherwise provided in this1013
division, cheating is a misdemeanor of the first degree. If the1014
potential gain from the cheating is five hundred dollars or more1015
or if the offender previously has been convicted of any gambling1016
offense or of any theft offense, as defined in section 2913.01 of1017
the Revised Code, cheating is a felony of the fifth degree.1018

       (2) Whoever violates division (B) of this section is guilty1019
of corrupting sports. Corrupting sports is a felony of the fifth1020
degree on a first offense and a felony of the fourth degree on1021
each subsequent offense.1022

       Sec. 2915.07.  (A) No person, except a charitable1023
organization that has obtained a bingo license pursuant to section1024
2915.08 of the Revised Code, shall conduct or advertise a bingo1025
game. This division does not apply to a raffle that a charitable1026
organization conducts or advertises.1027

       (B) Whoever violates this section is guilty of conducting an1028
illegal bingo game, a felony of the fourth degree.1029

       Sec. 2915.08.  (A)(1) Annually before the first day of1030
January, a charitable organization that desires to conduct bingo1031
games, instant bingo at a bingo session, or instant bingo other1032
than at a bingo session shall make out and deliver to the attorney1033
general, upon a form to be furnished by the attorney general for1034
that purpose, an application for a license to conduct bingo,1035
instant bingo at a bingo session, or instant bingo other than at a1036
bingo session and deliver that application to the attorney general1037
together with a license fee of one hundredas follows:1038

       (a) Except as otherwise provided in this division, for a1039
license for the conduct of bingo, two hundred dollars or a;1040

        (b) Except as otherwise provided in this division, for a1041
license for the conduct of instant bingo at a bingo session or1042
instant bingo other than at a bingo session, a license fee that is1043
based upon the total of all money or assets received by any person1044
or the charitable organization from the operation of instant bingo1045
at a bingo session or instant bingo other than at a bingo session,1046
during the one-year period ending on the thirty-first day of1047
October of the year immediately preceding the year for which the1048
license is sought, and that is one of the following:1049

       (i) Five hundred dollars, if the total is less than two1050
hundred fifty thousand dollars;1051

       (ii) One thousand dollars, if the total is at least two1052
hundred fifty thousand dollars but less than five hundred thousand1053
dollars;1054

       (iii) One thousand five hundred dollars, if the total is at1055
least five hundred thousand dollars but less than seven hundred1056
fifty thousand dollars;1057

       (iv) Two thousand dollars, if the total is at least seven1058
hundred fifty thousand dollars but less than one million dollars;1059

       (v) Three thousand five hundred dollars, if the total is at1060
least one million dollars but less than one million five hundred1061
thousand dollars;1062

       (vi) Five thousand dollars, if the total is one million five1063
hundred thousand dollars or more;1064

       (c) A reduced license fee established by the attorney general1065
pursuant to division (G) of this section. The1066

       (d) For a license to conduct bingo, instant bingo at a bingo1067
session, or instant bingo other than at a bingo session for a1068
charitable organization that prior to the effective date of this1069
amendment has not been licensed under this chapter to conduct1070
bingo, instant bingo at a bingo session, or instant bingo other1071
than at a bingo session, a license fee established by rule by the1072
attorney general in accordance with division (H) of this section.1073

       (2) The application shall be in the form prescribed by the1074
attorney general and, shall be signed and sworn to by the1075
applicant.1076

       The application, and shall contain all of the following:1077

       (1)(a) The name and post-office address of the applicant;1078

       (2)(b) A statement that the applicant is a charitable1079
organization and that it has been in continuous existence as a1080
charitable organization in this state for two years immediately1081
preceding the making of the application or for five years in the1082
case of a fraternal organization or a nonprofit medical1083
organization;1084

       (3)(c) The location at which the organization will conduct1085
the bingo game, which location shall be within the county in which1086
the principal place of business of the applicant is located, the1087
days of the week and the times on each of those days when a bingo1088
session will be conducted, whether the organization owns, leases,1089
or subleases the premises, and a copy of the rental agreement if1090
it leases or subleases the premises;1091

       (4)(d) A statement of the applicant's previous history,1092
record, and association that is sufficient to establish that the1093
applicant is a charitable organization, and a copy of a1094
determination letter that is issued by the Internal Revenue1095
Service and states that the organization is tax exempt under1096
subsection 501(a) and described in subsection 501(c)(3),1097
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal1098
Revenue Code;1099

       (5)(e) A statement as to whether the applicant has ever had1100
any previous application refused, whether it previously has had a1101
license revoked or suspended, and the reason stated by the1102
attorney general for the refusal, revocation, or suspension;1103

       (6)(f) A statement of the charitable purposepurposes for1104
which the bingo proceedsnet profit derived from bingo, other than1105
instant bingo, will be used, and a statement of how the net profit1106
derived from instant bingo will be distributed in accordance with1107
section 2915.101 of the Revised Code;1108

       (7)(g) Other necessary and reasonable information that the1109
attorney general may require by rule adopted pursuant to section1110
111.15 of the Revised Code;1111

       (8)(h) If the applicant is a charitable trust as defined in1112
section 109.23 of the Revised Code, a statement as to whether it1113
has registered with the attorney general pursuant to section1114
109.26 of the Revised Code or filed annual reports pursuant to1115
section 109.31 of the Revised Code, and, if it is not required to1116
do either, the exemption in section 109.26 or 109.31 of the1117
Revised Code that applies to it;1118

       (9)(i) If the applicant is a charitable organization as1119
defined in section 1716.01 of the Revised Code, a statement as to1120
whether it has filed with the attorney general a registration1121
statement pursuant to section 1716.02 of the Revised Code and a1122
financial report pursuant to section 1716.04 of the Revised Code,1123
and, if it is not required to do both, the exemption in section1124
1716.03 of the Revised Code that applies to it;1125

       (10)(j) In the case of an applicant seeking to qualify as a1126
youth athletic park organization under division (CC) of section1127
2915.01 of the Revised Code, a statement issued by a board or body1128
vested with authority under Chapter 755. of the Revised Code for1129
the supervision and maintenance of recreation facilities in the1130
territory in which the organization is located, certifying that1131
the playing fields owned by the organization were used for at1132
least one hundred days during the year in which the statement is1133
issued, and were open for use to all residents of that territory,1134
regardless of race, color, creed, religion, sex, or national1135
origin, for athletic activities by youth athletic organizations,1136
as defined in division (BB) of section 2915.01 of the Revised1137
Code, that do not discriminate on the basis of race, color, creed,1138
religion, sex, or national origin, and that the fields were not1139
used for any profit-making activity at any time during the year.1140
That type of board or body is authorized to issue the statement1141
upon request and shall issue the statement if it finds that the1142
applicant's playing fields were so used.1143

       (3) The attorney general, within thirty days after receiving1144
a timely filed application from a charitable organization that has1145
been issued a bingo license under this section that has not1146
expired and has not been revoked or suspended, shall send a1147
temporary permit to the applicant specifying the date on which the1148
application was filed with the attorney general and stating that,1149
pursuant to section 119.06 of the Revised Code, the applicant may1150
continue to conduct bingo games until a new license is granted or,1151
if the application is rejected, until fifteen days after notice of1152
the rejection is mailed to the applicant. The temporary permit1153
does not affect the validity of the applicant's application and1154
does not grant any rights to the applicant except those rights1155
specifically granted in section 119.06 of the Revised Code. The1156
issuance of a temporary permit by the attorney general pursuant to1157
this paragraphdivision does not prohibit the attorney general1158
from rejecting the applicant's application because of acts that1159
the applicant committed, or actions that the applicant failed to1160
take, before or after the issuance of the temporary permit.1161

       (4) Within thirty days after receiving an initial license1162
application from a charitable organization to conduct bingo,1163
instant bingo at a bingo session, or instant bingo other than at a1164
bingo session, the attorney general shall conduct a preliminary1165
review of the application and notify the applicant regarding any1166
deficiencies. Once an application is deemed complete, or beginning1167
on the thirtieth day after the application is filed, if the1168
attorney general failed to notify the applicant of any1169
deficiencies, the attorney general shall have an additional sixty1170
days to conduct an investigation and either grant or deny the1171
application based on findings established and communicated in1172
accordance with divisions (B) and (E) of this section. As an1173
option to granting or denying an initial license application, the1174
attorney general may grant a temporary license and request1175
additional time to conduct the investigation if the attorney1176
general has cause to believe that additional time is necessary to1177
complete the investigation and has notified the applicant in1178
writing about the specific concerns raised during the1179
investigation.1180

       (B)(1) The attorney general shall adopt rules to enforce1181
sections 2915.01, 2915.02, and 2915.07 to 2915.122915.13 of the1182
Revised Code to ensure that bingo games areor instant bingo is1183
conducted in accordance with those sections, and to maintain1184
proper control over the conduct of bingo gamesor instant bingo.1185
The rules, except rules adopted pursuant to divisiondivisions1186
(A)(7)(2)(g) and (G) of this section, shall be adopted pursuant to1187
Chapter 119. of the Revised Code. The attorney general shall1188
license charitable organizations to conduct bingo games, instant1189
bingo at a bingo session, or instant bingo other than at a bingo1190
session in conformance with this chapter and with the licensing1191
provisions of Chapter 119. of the Revised Code.1192

       (2) The attorney general may refuse to grant a bingo license1193
to any organization, or revoke or suspend the license of any1194
organization, that does any of the following or to which any of1195
the following applies:1196

       (a) Fails or has failed at any time to meet any requirement1197
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to1198
2915.11 of the Revised Code, or violates or has violated any1199
provision of sections 2915.02 or 2915.07 to 2915.122915.13 of the1200
Revised Code or any rule adopted by the attorney general pursuant1201
to this section;1202

       (b) Makes or has made an incorrect or false statement that1203
is material to the granting of the license in an application filed1204
pursuant to division (A) of this section;1205

       (c) Submits or has submitted any incorrect or false1206
information relating to an application if the information is1207
material to the granting of the license;1208

       (d) Maintains or has maintained any incorrect or false1209
information that is material to the granting of the license in the1210
records required to be kept pursuant to divisiondivisions (A) and1211
(C) of section 2915.10 of the Revised Code, if applicable;1212

       (e) The attorney general has good cause to believe that the1213
organization will not conduct its bingo games, instant bingo at a1214
bingo session, or instant bingo other than at a bingo session in1215
accordance with sections 2915.02 and 2915.07 to 2915.122915.13 of1216
the Revised Code or with any rule adopted by the attorney general1217
pursuant to this section.1218

       (3) For the purposes of this division (B) of this section,1219
any action of an officer, trustee, agent, representative, or bingo1220
game operator of an organization is an action of the organization.1221

       (C) The attorney general may grant bingo licenses to1222
charitable organizations that are branches, lodges, or chapters of1223
national charitable organizations.1224

       (D) The attorney general shall send notice in writing to the1225
prosecuting attorney and sheriff of the county in which the1226
organization will conduct the bingo game, instant bingo at a bingo1227
session, or instant bingo other than at a bingo session, as stated1228
in its application for a license or amended license, and to any1229
other law enforcement agency in that county that so requests, of1230
all of the following:1231

       (1) The issuance of the license;1232

       (2) The issuance of the amended license;1233

       (3) The rejection of an application for and refusal to grant1234
a license;1235

       (4) The revocation of any license previously issued;1236

       (5) The suspension of any license previously issued.1237

       (E) A bingo license issued by the attorney general shall set1238
forth the information contained on the application of the1239
charitable organization that the attorney general determines is1240
relevant, including, but not limited to, the location at which the1241
organization will conduct the bingo game, instant bingo at a bingo1242
session, or instant bingo other than at a bingo session and the1243
days of the week and the times on each of those days when a bingo1244
session will be conducted. If the attorney general refuses to1245
grant or revokes or suspends a bingo license, the attorney1246
general shall notify the applicant in writing and specifically1247
identify the reason for the refusal, revocation, or suspension in1248
narrative form and, if applicable, by identifying the section of1249
the Revised Code violated. The failure of the attorney general to1250
give the written notice of the reasons for the refusal,1251
revocation, or suspension or a mistake in the written notice does1252
not affect the validity of the attorney general's refusal to1253
grant, or the revocation or suspension of, a bingo license. If1254
the attorney general fails to give the written notice or if there1255
is a mistake in the written notice, the applicant may bring an1256
action to compel the attorney general to comply with this division1257
or to correct the mistake, but the attorney general's order1258
refusing to grant, or revoking or suspending, a bingo license1259
shall not be enjoined during the pendency of the action.1260

       (F) A charitable organization that has been issued a bingo1261
license pursuant to division (B) of this section but that cannot1262
conduct bingo sessionsor instant bingo at the location, or on the1263
day of the week or at the time, specified on the license due to1264
circumstances beyond its controlthat make it impractical to do so1265
may apply, without charge, in writing, together with an1266
application fee of two hundred fifty dollars, to the attorney1267
general for, at least thirty days prior to a change in location,1268
day of the week, or time, and request an amended bingo license.1269
The application shall describe in detail the causes making it1270
impossibleimpractical for the organization to conduct its bingo1271
sessionsor instant bingo in conformity with its license and shall1272
indicate the location, days of the week, and times on each of1273
those days when it desires to conduct a bingo session. If the1274
attorney general approves the application for the amended license1275
or instant bingo. Except as otherwise provided in this division,1276
the attorney general shall issue the amended license in accordance1277
with division (E) of this section, and the organization shall1278
surrender its original license to the attorney general. The1279
attorney general shallmay refuse to grant an application for an1280
amended bingo license according to the terms of division (B) of1281
this section.1282

       (G) The attorney general, by rule adopted pursuant to1283
section 111.15 of the Revised Code, shall establish a schedule of1284
reduced license fees for charitable organizations that desire to1285
conduct bingo gamesor instant bingo during fewer than twenty-six1286
weeks in any calendar year.1287

       (H) The attorney general, by rule adopted pursuant to section1288
111.15 of the Revised Code, shall establish license fees for the1289
conduct of bingo, instant bingo at a bingo session, or instant1290
bingo other than at a bingo session for charitable organizations1291
that prior to the effective date of this amendment have not been1292
licensed to conduct bingo, instant bingo at a bingo session, or1293
instant bingo other than at a bingo session under this chapter.1294

       (I) The attorney general may enter into a written contract1295
with any other state agency to delegate to that state agency the1296
powers prescribed to the attorney general under Chapter 2915. of1297
the Revised Code.1298

        (J) The attorney general, by rule adopted pursuant to1299
section 111.15 of the Revised Code, may adopt rules to determine1300
the requirements for a charitable organization that is exempt from1301
federal income taxation under subsection 501(a) and described in1302
subsection 501(c)(3) of the Internal Revenue Code to be in good1303
standing in the state. 1304

       Sec. 2915.081.  (A) No distributor shall sell, offer to sell,1305
or otherwise provide or offer to provide bingo supplies to another1306
person for use in this state without having obtained a license1307
from the attorney general under this section.1308

       (B) The attorney general may issue a distributor license to1309
any person that meets the requirements of this section. The1310
application for the license shall be on a form prescribed by the1311
attorney general and be accompanied by the annual fee prescribed1312
by this section. The license is valid for a period of one year,1313
and the annual fee for the license is two thousand five hundred1314
dollars.1315

       (C) The attorney general may refuse to issue a distributor1316
license to any person to which any of the following applies, or to1317
any person that has an officer, partner, or other person who has1318
an ownership interest of ten per cent or more and to whom any of1319
the following applies:1320

       (1) The person, officer, or partner has been convicted of a1321
felony under the laws of this state, another state, or the United1322
States.1323

       (2) The person, officer, or partner has been convicted of any1324
gambling offense.1325

       (3) The person, officer, or partner has made an incorrect or1326
false statement that is material to the granting of a license in1327
an application submitted to the attorney general under this1328
section or in a similar application submitted to a gambling1329
licensing authority in another jurisdiction if the statement1330
resulted in license revocation through administrative action in1331
the other jurisdiction.1332

       (4) The person, officer, or partner has submitted any1333
incorrect or false information relating to the application to the1334
attorney general under this section, if the information is1335
material to the granting of the license.1336

       (5) The person, officer, or partner has failed to correct any1337
incorrect or false information that is material to the granting of1338
the license in the records required to be maintained under1339
division (E) of section 2915.10 of the Revised Code.1340

       (6) The person, officer, or partner has had a license related1341
to gambling revoked or suspended under the laws of this state,1342
another state, or the United States.1343

       (D) The attorney general shall not issue a distributor1344
license to any person that is involved in the conduct of bingo on1345
behalf of a charitable organization or that is a lessor of1346
premises used for the conduct of bingo. This division does not1347
prohibit a distributor from advising charitable organizations on1348
the use and benefit of specific bingo supplies or prohibit a1349
distributor from advising a customer on operational methods to1350
improve bingo profitability.1351

       (E)(1) No distributor shall sell, offer to sell, or otherwise1352
provide or offer to provide bingo supplies to any person for use1353
in this state except to a charitable organization that has been1354
issued a license under section 2915.08 of the Revised Code or to1355
another distributor that has been issued a license under this1356
section. No distributor shall accept payment for the sale or1357
other provision of bingo supplies other than by check.1358

       (2) No distributor shall provide a charitable organization1359
with free samples of instant bingo tickets or cards, punch boards,1360
or seal cards. No distributor may donate, give, loan, lease, or1361
otherwise provide any bingo supplies or equipment to a charitable1362
organization for use in a bingo session conditioned on or in1363
consideration for an exclusive right to provide bingo supplies to1364
the charitable organization.1365

       (3) No distributor shall purchase bingo supplies for use in1366
this state from any person except from a manufacturer issued a1367
license under section 2915.082 of the Revised Code or from another1368
distributor issued a license under this section. Subject to1369
division (D) of section 2915.082 of the Revised Code, no1370
distributor shall pay for purchased bingo supplies other than by1371
check.1372

       (4) No distributor shall participate in the conduct of bingo1373
on behalf of a charitable organization or have any direct or1374
indirect ownership interest in a premises used for the conduct of1375
bingo.1376

       (5) No distributor shall knowingly solicit, offer, pay, or1377
receive any kickback, bribe, or undocumented rebate, directly or1378
indirectly, overtly or covertly, in cash or in kind, in return for1379
providing bingo supplies to any person in this state.1380

       (F) The attorney general may suspend or revoke a distributor1381
license for any of the reasons for which the attorney general may1382
refuse to issue a distributor license specified in division (C) of1383
this section or if the distributor holding the license violates1384
any provision of this chapter or any rule adopted by the attorney1385
general under this chapter.1386

       (G) Whoever violates division (A) or (E) of this section is1387
guilty of illegally operating as a distributor. Except as1388
otherwise provided in this division, illegally operating as a1389
distributor is a misdemeanor of the first degree. If the offender1390
previously has been convicted of a violation of division (A) or1391
(E) of this section, illegally operating as a distributor is a1392
felony of the fifth degree.1393

       Sec. 2915.082.  (A) No manufacturer shall sell, offer to1394
sell, or otherwise provide or offer to provide bingo supplies for1395
use in this state without having obtained a license from the1396
attorney general under this section.1397

       (B) The attorney general may issue a manufacturer license to1398
any person that meets the requirements of this section. The1399
application for the license shall be on a form prescribed by the1400
attorney general and be accompanied by the annual fee prescribed1401
by this section. The license is valid for a period of one year,1402
and the annual fee for the license is two thousand five hundred1403
dollars.1404

       (C) The attorney general may refuse to issue a manufacturer1405
license to any person to which any of the following applies, or to1406
any person that has an officer, partner, or other person who has1407
an ownership interest of ten per cent or more and to whom any of1408
the following applies:1409

       (1) The person, officer, or partner has been convicted of a1410
felony under the laws of this state, another state, or the United1411
States.1412

       (2) The person, officer, or partner has been convicted of any1413
gambling offense.1414

       (3) The person, officer, or partner has made an incorrect or1415
false statement that is material to the granting of a license in1416
an application submitted to the attorney general under this1417
section or in a similar application submitted to a gambling1418
licensing authority in another jurisdiction if the statement1419
resulted in license revocation through administrative action in1420
the other jurisdiction.1421

       (4) The person, officer, or partner has submitted any1422
incorrect or false information relating to the application to the1423
attorney general under this section, if the information is1424
material to the granting of the license.1425

       (5) The person, officer, or partner has failed to correct any1426
incorrect or false information that is material to the granting of1427
the license in the records required to be maintained under1428
division (F) of section 2915.10 of the Revised Code.1429

       (6) The person, officer, or partner has had a license related1430
to gambling revoked or suspended under the laws of this state,1431
another state, or the United States.1432

       (D)(1) No manufacturer shall sell, offer to sell, or1433
otherwise provide or offer to provide bingo supplies to any person1434
for use in this state except to a distributor that has been issued1435
a license under section 2915.081 of the Revised Code. No1436
manufacturer shall accept payment for the sale of bingo supplies1437
other than by check.1438

       (2) No manufacturer shall knowingly solicit, offer, pay, or1439
receive any kickback, bribe, or undocumented rebate, directly or1440
indirectly, overtly or covertly, in cash or in kind, in return for1441
providing bingo supplies to any person in this state.1442

       (E) The attorney general may suspend or revoke a manufacturer1443
license for any of the reasons for which the attorney general may1444
refuse to issue a manufacturer license specified in division (C)1445
of this section or if the manufacturer holding the license1446
violates any provision of this chapter or any rule adopted by the1447
attorney general under this chapter.1448

       (F) Whoever violates division (A) or (D) of this section is1449
guilty of illegally operating as a manufacturer. Except as1450
otherwise provided in this division, illegally operating as a1451
manufacturer is a misdemeanor of the first degree. If the1452
offender previously has been convicted of a violation of division1453
(A) or (D) of this section, illegally operating as a manufacturer1454
is a felony of the fifth degree.1455

       Sec. 2915.09.  (A) ANo charitable organization that conducts1456
a bingo game shall fail to do allany of the following:1457

       (1) Own all of the equipment used to conduct the bingo game1458
or lease that equipment from a charitable organization that is1459
licensed to conduct a bingo game for a rental rate that is not1460
more than is customary and reasonable for that equipment;1461

       (2) Use all of the gross receipts from the bingo game for1462
paying prizes, for the charitable purposes listed in its bingo1463
license applicationrenting premises in which to conduct bingo,1464
for purchasing or leasing bingo cards and other equipmentsupplies1465
used in conducting the bingo game, for hiring security personnel1466
for the bingo game, orfor advertising the bingo game, or for1467
other expenses listed in division (LL) of section 2915.01 of the1468
Revised Code, provided that the amount of the receipts so spent is1469
not more than is customary and reasonable for a similar purchase,1470
lease, hiring, or advertising, and for renting premises in which1471
to conduct the bingo game, except that ifor expense. If the1472
building in which the gamebingo is conducted is owned by the1473
charitable organization conducting the gamebingo and the bingo1474
conducted includes a form of bingo described in division (S)(1) of1475
section 2915.01 of the Revised Code, the charitable organization1476
may deduct from the total amount of the gross receipts from each1477
session a sum equal to the lesser of six hundred dollars or1478
forty-five per cent of the gross receipts from the sessionbingo1479
described in that division as consideration for the use of the1480
premises;.1481

       (3) ConductUse, or give, donate, or otherwise transfer, all1482
of the net profit derived from bingo, other than instant bingo,1483
for a charitable purpose listed in its license application and1484
described in division (Z) of section 2915.01 of the Revised Code,1485
or distribute all of the net profit derived from instant bingo as1486
stated in its license application and in accordance with section1487
2915.101 of the Revised Code.1488

       (B) No charitable organization that conducts a bingo game1489
described in division (S)(1) of section 2915.01 of the Revised1490
Code shall fail to do any of the following:1491

       (1) Conduct the bingo game on premises that are owned by the1492
charitable organization, on premises that are owned by another1493
charitable organization and leased from that charitable1494
organization for a rental rate not in excess of fourthe lesser of1495
six hundred fifty dollars per bingo session or forty-five per cent1496
of the gross receipts of the bingo session, on premises that are1497
leased from a person other than a charitable organization for a1498
rental rate that is not more than is customary and reasonable for1499
premises that are similar in location, size, and quality but not1500
in excess of four hundred fifty dollars per bingo session, or on1501
premises that are owned by a person other than a charitable1502
organization, that are leased from that person by another1503
charitable organization, and that are subleased from that other1504
charitable organization by the charitable organization for a1505
rental rate not in excess of four hundred fifty dollars per bingo1506
session. If the charitable organization leases from a person1507
other than a charitable organization the premises on which it1508
conducts bingo gamessessions, the lessor of the premises shall1509
provide only the premises to the organization and shall not1510
provide the organization with bingo game operators, security1511
personnel, concessions or concession operators, bingo equipment1512
supplies, or any other type of service or equipment. A charitable1513
organization shall not lease or sublease premises that it owns or1514
leases to more than one other charitable organization per calendar1515
week for the purpose of conducting bingo gamessessions on the1516
premises. A person that is not a charitable organization shall1517
not lease premises that it owns, leases, or otherwise is empowered1518
to lease to more than one charitable organization per calendar1519
week for conducting bingo gamessessions on the premises. In no1520
case shall more than two bingo sessions be conducted on any1521
premises in any calendar week.1522

       (4)(2) Display its bingo license conspicuously at the1523
locationpremises where the bingo gamesession is conducted;1524

       (5)(3) Conduct the bingo gamesession in accordance with the1525
definition of bingo set forth in division (S)(1) of section1526
2915.01 of the Revised Code.1527

       (B)A(C)No charitable organization that conducts a bingo1528
game described in division (S)(1) of section 2915.01 of the1529
Revised Code shall not do any of the following:1530

       (1) Pay any compensation to a bingo game operator for1531
operating a bingo gamesession that is conducted by the charitable1532
organization or for preparing, selling, or serving food or1533
beverages at the site of the bingo gamesession, permit any1534
auxiliary unit or society of the charitable organization to pay1535
compensation to any bingo game operator who prepares, sells, or1536
serves food or beverages at a bingo session conducted by the1537
charitable organization, or permit any auxiliary unit or society1538
of the charitable organization to prepare, sell, or serve food or1539
beverages at a bingo session conducted by the charitable1540
organization, if the auxiliary unit or society pays any1541
compensation to the bingo game operators who prepare, sell, or1542
serve the food or beverages;1543

       (2) Pay consulting fees to any person for any services1544
performed in relation to the bingo gamesession;1545

       (3) Pay concession fees to any person who provides1546
refreshments to the participants in the bingo gamesession;1547

       (4) ConductExcept as otherwise provided in division (C)(4)1548
of this section, conduct more than two bingo sessions in any1549
seven-day period. Except that aA volunteer fire fighter's1550
firefighter's organization or a volunteer rescue service1551
organization that conducts not more than five bingo sessions in a1552
calendar year may conduct more than two bingo sessions in a1553
seven-day period after notifying the attorney general when it will1554
conduct the sessions;.1555

       (5) Pay out more than three thousand five hundred dollars in1556
prizes during any bingo session that is conducted by the1557
charitable organization;1558

       (6) Conduct a bingo session at any time during the ten-hour1559
period between midnight and ten a.m., at any time during, or1560
within ten hours of, a bingo game conducted for amusement only1561
pursuant to section 2915.12 of the Revised Code, at any location1562
premises not specified on its bingo license, or on any day of the1563
week or during any time period not specified on its bingo license.1564
If circumstances beyond its control make it impossibleimpractical1565
for the charitable organization to conduct a bingo session at the1566
locationpremises, or on the day of the week or at the time,1567
specified on its bingo license or if a charitable organization1568
wants to conduct bingo sessions on a day of the week or at a time1569
other than the day or time specified on its bingo license, the1570
charitable organization may apply in writing to the attorney1571
general for an amended bingo license, pursuant to division (F) of1572
section 2915.08 of the Revised Code. A charitable organization1573
may apply only oncetwice in each calendar year for an amended1574
license to conduct bingo sessions on a day of the week or at a1575
time other than the day or time specified on its bingo license. If1576
the amended license is granted, the organization may conduct bingo1577
sessions at the locationpremises, on the day of the week, and at1578
the time specified on its amended license.1579

       (7) Permit any person whom the charitable organization1580
knows, or should have known, is under the age of eighteen to work1581
as a bingo game operator;1582

       (8) Permit any person whom the charitable organization1583
knows, or should have known, has been convicted of a felony or1584
gambling offense in any jurisdiction to be a bingo game operator;1585

       (9) Permit the lessor of the premises on which the bingo1586
session is conducted, if the lessor is not a charitable1587
organization, to provide the charitable organization with bingo1588
game operators, security personnel, concessions, bingo equipment1589
supplies, or any other type of service or equipment;1590

       (10) Purchase or lease bingo supplies from any person1591
except a distributor issued a license under section 2915.081 of1592
the Revised Code;1593

       (11)(a) Use or permit the use of electronic bingo aids1594
except under the following circumstances:1595

        (i) Not more than fifty-four bingo faces can be played by a1596
single participant using an electronic bingo aid.1597

        (ii) The charitable organization shall provide a1598
participant using an electronic bingo aid with corresponding paper1599
bingo cards or sheets.1600

        (iii) The total price of bingo faces played with an1601
electronic bingo aid shall be equal to the total price of the1602
same number of bingo faces played with a paper bingo card or sheet1603
sold at the same bingo session but without an electronic bingo1604
aid.1605

       (iv) An electronic bingo aid cannot be part of an electronic1606
network other than a network that includes only bingo aids and1607
devices that are located on the premises at which the bingo is1608
being conducted or be interactive with any device not located on1609
the premises at which the bingo is being conducted.1610

        (v) An electronic bingo aid cannot be used to participate1611
in bingo that is conducted at a location other than the location1612
at which the bingo session is conducted and at which the1613
electronic bingo aid is used.1614

        (vi) An electronic bingo aid cannot be used to provide1615
for the input of numbers and letters announced by a bingo caller1616
other than the bingo caller who physically calls the numbers and1617
letters at the location at which the bingo session is conducted1618
and at which the electronic bingo aid is used. 1619

        (b) The attorney general may adopt rules in accordance with1620
Chapter 119. of the Revised Code that govern the use of electronic1621
bingo aids. The rules may include a requirement that an1622
electronic bingo aid be capable of being audited by the attorney1623
general to verify the number of bingo cards or sheets played1624
during each bingo session.1625

       (12) Permit any person the charitable organization knows, or1626
should have known, to be under eighteen years of age to play bingo1627
described in division (S)(1) of section 2915.01 of the Revised1628
Code.1629

       (C) A(D)Except as otherwise provided in this division, no1630
charitable organization shall provide to a bingo game operator,1631
and no bingo game operator shall not receive or accept, any1632
commission, wage, salary, reward, tip, donation, gratuity, or1633
other form of compensation, directly or indirectly, regardless of1634
the source, for operating aconducting bingo game or providing1635
other work or labor at the site of the bingo game. This division1636
does not prohibit an employee of a fraternal organization or1637
veteran's organization from selling instant bingo tickets or cards1638
to the organization's members, as long as no portion of the1639
employee's compensation is paid from any receipts of bingo.1640

       (D)(E) Notwithstanding division (A)(3)(B)(1) of this1641
section, a charitable organization that, prior to December 6,1642
1977, has entered into written agreements for the lease of1643
premises it owns to another charitable organization or other1644
charitable organizations for the conducting of bingo sessions so1645
that more than two bingo sessions are conducted per calendar week1646
on the premises, and a person that is not a charitable1647
organization and that, prior to December 6, 1977, has entered into1648
written agreements for the lease of premises it owns to charitable1649
organizations for the conducting of more than two bingo sessions1650
per calendar week on the premises, may continue to lease the1651
premises to those charitable organizations, provided that no more1652
than four sessions are conducted per calendar week, that the1653
lessor organization or person has notified the attorney general in1654
writing of the organizations that will conduct the sessions and1655
the days of the week and the times of the day on which the1656
sessions will be conducted, that the initial lease entered into1657
with each organization that will conduct the sessions was filed1658
with the attorney general prior to December 6, 1977, and that each1659
organization that will conduct the sessions was issued a license1660
to conduct bingo games by the attorney general prior to December1661
6, 1977.1662

       (E)(F) Whoever violates division (A)(2) of this section is1663
guilty of illegally conducting a bingo game, a felony of the1664
fourth degree. WhoeverExcept as otherwise provided in this1665
division, whoever violates division (A)(1),or (3), (4), or (5),1666
(B)(1), (2),or(3), or (C)(1) to (12), or (D) of this section is1667
guilty of a minor misdemeanor. If the offender previously has1668
been convicted of a violation of division (A)(1),or (3), (4), or1669
(5), (B)(1), (2),or(3), or (C)(1) to (11), or, (D) of this1670
section, a violation of division (A)(1),or (3), (4), or (5),1671
(B)(1), (2), or (3), or (C), or (D) of this section is a1672
misdemeanor of the first degree. Whoever violates division (C)(12)1673
of this section is guilty of a misdemeanor of the first degree, if1674
the offender previously has been convicted of a violation of1675
division (C)(12) of this section, a felony of the fourth degree.1676

       Sec. 2915.091.  (A) No charitable organization that conducts1677
instant bingo shall do any of the following:1678

       (1) Fail to comply with the requirements of divisions (A)(1),1679
(2), and (3) of section 2915.09 of the Revised Code;1680

       (2) Conduct instant bingo unless that organization is, and1681
has received from the internal revenue service a determination1682
letter that is currently in effect stating that the organization1683
is exempt from federal income taxation under subsection 501(a),1684
is described in subsection 501(c)(3) of the Internal Revenue1685
Code, is in good standing in the state pursuant to section 2915.081686
of the Revised Code, and is in compliance with Chapter 1716. of1687
the Revised Code;1688

       (3) Conduct instant bingo on any day, at any time, or at any1689
premises not specified on the organization's license issued1690
pursuant to section 2915.08 of the Revised Code;1691

       (4) Permit any person whom the organization knows or should1692
have known has been convicted of a felony or gambling offense in1693
any jurisdiction to be a bingo game operator in the conduct of1694
instant bingo;1695

       (5) Purchase or lease supplies used to conduct instant bingo1696
or punch board games from any person except a distributor licensed1697
under section 2915.081 of the Revised Code;1698

       (6) Sell or provide any instant bingo ticket or card for a1699
price different from the price printed on it by the manufacturer;1700

       (7) Use any instant bingo ticket or card as a prize or award.1701
Division (A)(7) of this section does not preclude a charitable1702
organization from giving a winner of an instant bingo game1703
additional instant bingo tickets in lieu of a cash prize.1704

       (8) Sell an instant bingo ticket or card to a person under1705
eighteen years of age;1706

       (9) Fail to keep unsold instant bingo tickets or cards for1707
less than three years;1708

       (10) Pay any compensation to a bingo game operator for1709
conducting instant bingo that is conducted by the organization or1710
for preparing, selling, or serving food or beverages at the site1711
of the instant bingo game, permit any auxiliary unit or society of1712
the organization to pay compensation to any bingo game operator1713
who prepares, sells, or serves food or beverages at an instant1714
bingo game conducted by the organization, or permit any auxiliary1715
unit or society of the organization to prepare, sell, or serve1716
food or beverages at an instant bingo game conducted by the1717
organization, if the auxiliary unit or society pays any1718
compensation to the bingo game operators who prepare, sell, or1719
serve the food or beverages;1720

       (11) Pay fees to any person for any services performed in1721
relation to an instant bingo game;1722

       (12) Pay fees to any person who provides refreshments to the1723
participants in an instant bingo game;1724

        (13) Allow instant bingo tickets or cards to be sold to1725
bingo game operators who are performing work or labor at a1726
premises at which the organization sells instant bingo tickets or1727
cards or to be sold to employees of a D permit holder who are1728
working at a premises at which instant bingo tickets or cards are1729
sold on behalf of the organization as described in division (B)1730
of section 4301.03 of the Revised Code;1731

       (14) Fail to display its bingo license, and the serial1732
numbers of the deal of instant bingo tickets or cards to be sold,1733
conspicuously at each premises at which it sells instant bingo1734
tickets or cards;1735

        (15) Possess a deal of instant bingo tickets or cards that1736
was not purchased from a distributor licensed under section1737
2915.081 of the Revised Code as reflected on an invoice issued by1738
the distributor that contains all of the information required by1739
division (E) of section 2915.10 of the Revised Code;1740

        (16) Fail, once it opens a deal of instant bingo tickets or1741
cards, to continue to sell the tickets or cards in that deal until1742
the tickets or cards with the top two highest tiers of prizes in1743
that deal are sold;1744

        (17) Purchase, lease, or use instant bingo ticket dispensers1745
to sell instant bingo tickets or cards.1746

       (B) A charitable organization may conduct instant bingo other1747
than at a bingo session at not more than five separate locations.1748
A charitable organization that is exempt from federal taxation1749
under subsection 501(a) and described in subsection 501(c)(3) of1750
the Internal Revenue Code and that is created by a veteran's1751
organization or a fraternal organization is not limited in the1752
number of separate locations the charitable organization may1753
conduct instant bingo other than at a bingo session.1754

        (C) The attorney general may adopt rules in accordance with1755
Chapter 119. of the Revised Code that govern the conduct of1756
instant bingo by charitable organizations. Before those rules1757
are adopted, the attorney general shall reference the recommended1758
standards for opacity, randomization, minimum information, winner1759
protection, color, and cutting for instant bingo tickets or cards,1760
seal cards, and punch boards established by the North American1761
gaming regulators association.1762

       (D) Whoever violates division (A) of this section or a rule1763
adopted under division (B) of this section is guilty of illegal1764
instant bingo conduct. Except as otherwise provided in this1765
division, illegal instant bingo conduct is a misdemeanor of the1766
first degree. If the offender previously has been convicted of a1767
violation of division (A) of this section or of such a rule,1768
illegal instant bingo conduct is a felony of the fifth degree.1769

       Sec. 2915.092.  (A) A charitable organization does not need a1770
license to conduct bingo, in order to conduct a raffle drawing.1771

       (B)(1) No charitable organization shall conduct a raffle1772
unless the organization is, and has received from the internal1773
revenue service a determination letter that is currently in effect1774
stating that the organization is, exempt from federal income1775
taxation under subsection 501(a) and is described in subsection1776
501(c)(3) of the Internal Revenue Code.1777

        (2) No charitable organization shall conduct more than1778
thirty-six raffles during a calendar year.1779

       (3) No person shall be compensated directly or indirectly for1780
assisting in the conduct or operation of a raffle.1781

       (C) No raffle drawing shall be conducted on premises other1782
than premises that a charitable organization uses for its1783
charitable programs.1784

        (D) No person shall fail to use, or give, donate, or1785
otherwise transfer, the net profit from a raffle for a charitable1786
purpose described in division (Z) of section 2915.01 of the1787
Revised Code.1788

       (E) Whoever violates division (B), (C), or (D) of this1789
section is guilty of illegal conduct of a raffle. Except as1790
otherwise provided in this division, illegal conduct of a raffle1791
is a misdemeanor of the first degree. If the offender previously1792
has been convicted of a violation of division (B), (C), or (D) of1793
this section, illegal conduct of a raffle is a felony of the fifth1794
degree.1795

       Sec. 2915.10.  (A) ANo charitable organization that conducts1796
a bingo session or scheme ora game of chance pursuant to division1797
(D) of section 2915.02 of the Revised Code, shall fail to maintain1798
the following records for at least three years from the date on1799
which the bingo session or scheme or game of chance is conducted:1800

       (1) An itemized list of the gross receipts of each bingo1801
session or scheme or,each game of instant bingo by serial number,1802
each raffle, each punch board game, and each game of chance;1803

       (2) An itemized list of all expenses, other than prizes,1804
that are incurred in conducting the bingo sessionor instant1805
bingo, the name of each person to whom the expenses are paid, and1806
a receipt for all of the expenses;1807

       (3) A list of all prizes awarded during theeach bingo1808
session or scheme or,each raffle, each punch board game, and each1809
game of chance conducted by the charitable organization,the total1810
prizes awarded from each game of instant bingo by serial number,1811
and the name and, address,and social security number of all1812
persons who are winners of prizes of onesix hundred dollars or1813
more in value;1814

       (4) An itemized list of the charitable recipients of the1815
proceedsnet profit of the bingo session or scheme or game of1816
chance, including the name and address of each recipient to whom1817
the money is distributed, and if the organization uses the1818
proceedsnet profit of a bingo session, or the money or assets1819
received from a scheme or game of chance, for any charitable or1820
other purpose set forth in division (Z) of section 2915.01 or,1821
division (D) of section 2915.02, or section 2915.101 of the1822
Revised Code, a list of each purpose and an itemized list of each1823
expenditure for each purpose;1824

       (5) The number of persons who participate in any bingo1825
session or scheme or game of chance that is conducted by the1826
charitable organization;1827

       (6) A list of receipts from the sale of food and beverages1828
by the charitable organization or one of its auxiliary units or1829
societies, if the receipts were excluded from the definition of1830
"gross receipts" under division (X) of section 2915.01 of the1831
Revised Code;1832

       (7) An itemized list of all expenses incurred at each bingo1833
session,each raffle, each punch board game, or each game of1834
instant bingo conducted by the charitable organization in the sale1835
of food and beverages by the charitable organization or by an1836
auxiliary unit or society of the charitable organization, the name1837
of each person to whom the expenses are paid, and a receipt for1838
all of the expenses.1839

       (B) The gross profit from each bingo session or game1840
described in division (S)(1) or (2) of section 2915.01 of the1841
Revised Code shall be deposited into a checking account devoted1842
exclusively to the bingo session or game. Payments for allowable1843
expenses incurred in conducting the bingo session or game and1844
payments to recipients of some or all of the net profit of the1845
bingo session or game shall be made only by checks drawn on the1846
bingo session or game account.1847

       (C) Each charitable organization shall conduct and record an1848
inventory of all of its bingo supplies as of the first day of1849
November of each year.1850

       (D) The attorney general may adopt rules in accordance with1851
Chapter 119. of the Revised Code that establish standards of1852
accounting, record keeping, and reporting to ensure that gross1853
receipts from bingo or games of chance are properly accounted for.1854

       (E) A distributor shall maintain, for a period of three years1855
after the date of its sale or other provision, a record of each1856
instance of its selling or otherwise providing to another person1857
bingo supplies for use in this state. The record shall include1858
all of the following for each instance:1859

       (1) The name of the manufacturer from which the distributor1860
purchased the bingo supplies and the date of the purchase;1861

       (2) The name and address of the charitable organization or1862
other distributor to which the bingo supplies were sold or1863
otherwise provided;1864

       (3) A description that clearly identifies the bingo supplies;1865

       (4) Invoices that include all instant bingo deals sold or1866
otherwise provided to each charitable organization.1867

       (F) A manufacturer shall maintain, for a period of three1868
years after the date of its sale or other provision, a record of1869
each instance of its selling or otherwise providing bingo supplies1870
for use in this state. The record shall include all of the1871
following for each instance:1872

       (1) The name and address of the distributor to whom the bingo1873
supplies were sold or otherwise provided;1874

       (2) A description that clearly identifies the bingo supplies, 1875
including serial numbers;1876

       (3) Invoices that include all instant bingo deals sold or1877
otherwise provided to each distributor.1878

       (G) The attorney general, or any local law enforcement1879
agency, may do all of the following:1880

       (1) Investigate any charitable organization or any officer,1881
agent, trustee, member, or employee of the organization;1882

       (2) Examine the accounts and records of the organization;1883

       (3) Conduct inspections, audits, and observations of bingo1884
games or schemes or games of chance while they are in session;1885

       (4) Conduct inspections of the premises where bingo games or1886
schemes or games of chance are operatedconducted;1887

       (5) Take any other necessary and reasonable action to1888
determine if a violation of any provision of sections 2915.01,1889
2915.02, and 2915.07 to 2915.122915.13 of the Revised Code has1890
occurred and to determine whether section 2915.11 of the Revised1891
Code has been complied with.1892

       If any local law enforcement agency has reasonable grounds to1893
believe that a charitable organization or an officer, agent,1894
trustee, member, or employee of the organization has violated any1895
provision of this chapter, the local law enforcement agency may1896
proceed by action in the proper court to enforce this chapter,1897
provided that the local law enforcement agency shall give written1898
notice to the attorney general when commencing an action as1899
described in this division.1900

       (C)(H) No person shall destroy, alter, conceal, withhold, or1901
deny access to any accounts or records of a charitable1902
organization that have been requested for examination, or1903
obstruct, impede, or interfere with any inspection, audit, or1904
observation of a bingo game or scheme ora game of chance or1905
premises where a bingo game or scheme ora game of chance is1906
operatedconducted, or refuse to comply with any reasonable1907
request of, or obstruct, impede, or interfere with any other1908
reasonable action undertaken by, the attorney general or a local1909
law enforcement agency pursuant to division (B)(G) of this1910
section.1911

       (D)(I) Whoever violates division (A) or (C)(H) of this1912
section is guilty of a misdemeanor of the first degree.1913

       Sec. 2915.101. Except as otherwise provided by law, a1914
charitable organization that conducts instant bingo shall1915
distribute the net profit from the proceeds of the sale of instant1916
bingo as follows:1917

        (A)(1) If a veteran's organization or a fraternal1918
organization conducted the instant bingo, the organization shall1919
distribute the net profit, as follows:1920

       (a) A minimum of fifty per cent shall be distributed to an1921
organization described in division (Z)(1) of section 2915.01 of1922
the Revised Code or to a department or agency of the federal1923
government, the state, or any political subdivision;1924

       (b) Twenty per cent may be distributed for the1925
organization's own charitable purposes.1926

       (c) Thirty per cent may be deducted and retained by the1927
organization for the organization's expenses in conducting the1928
instant bingo game.1929

       (2) If a veteran's organization or a fraternal organization1930
does not distribute the full percentages specified in divisions1931
(A)(1)(b) and (c) of this section for the purposes specified in1932
those divisions, the organization shall distribute the balance of1933
the net profit not distributed or retained for those purposes to1934
an organization described in division (Z)(1) of section 2915.01 of1935
the Revised Code.1936

       (3) A veteran's organization or a fraternal organization is1937
not required to itemize the organization's expenses.1938

        (B)(1) If a charitable organization other than a veteran's1939
organization or a fraternal organization conducted the instant1940
bingo, the organization shall distribute the net profit as1941
follows:1942

       (a) A minimum of seventy per cent shall be distributed to an1943
organization described in division (Z)(1) of section 2915.01 of1944
the Revised Code or to a department or agency of the federal1945
government, the state, or any political subdivision.1946

       (b) Thirty per cent may be deducted and retained by the1947
organization for the organization's expenses in conducting the1948
instant bingo game.1949

       (2) If a charitable organization does not retain the full1950
percentage specified in division (B)(1)(b) of this section for the1951
purposes specified in that division, the organization shall1952
distribute the balance of the net profit not retained for that1953
purpose to an organization described in division (Z)(1) of section1954
2915.01 of the Revised Code.1955

       (3) A charitable organization other than a veteran's1956
organization or fraternal organization is not required to itemize1957
the charitable organization's expenses.1958

       Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised1959
Code do not apply to bingo games that are conducted for the1960
purpose of amusement only. A bingo game is conducted for the1961
purpose of amusement only if it complies with all of the1962
requirements specified in either division (A)(1) or (B)(2) of this1963
section:1964

       (A)(1)(a) The participants do not pay any money or any other1965
thing of value including an admission fee, or any fee for bingo1966
cards,or sheets, objects to cover the spaces, or other devices1967
used in playing bingo, for the privilege of participating in the1968
bingo game, or to defray any costs of the game, or pay tips or1969
make donations during or immediately before or after the bingo1970
game;.1971

       (2)(b) All prizes awarded during the course of the game are1972
nonmonetary, and in the form of merchandise, goods, or1973
entitlements to goods or services only, and the total value of all1974
prizes awarded during the game is less than one hundred dollars;.1975

       (3)(c) No commission, wages, salary, reward, tip, donation,1976
gratuity, or other form of compensation, either directly or1977
indirectly, and regardless of the source, is paid to any bingo1978
game operator for work or labor performed at the site of the bingo1979
game;.1980

       (4)(d) The bingo game is not conducted either during or1981
within ten hours of any of the following:1982

       (a)(i) A bingo session during which a charitable bingo game1983
is conducted pursuant to sections 2915.07 to 2915.11 of the1984
Revised Code;1985

       (b)(ii) A scheme or game of chance other than a bingo game1986
conducted pursuant to this section,or bingo described in division1987
(S)(2) of section 2915.01 of the Revised Code.1988

       (5)(e) The number of players participating in the bingo game1989
does not exceed fifty.1990

       (B)(1)(2)(a) The participants do not pay money or any other1991
thing of value as an admission fee, and no participant is charged1992
more than twenty-five cents to purchase a bingo card,or sheet,1993
objects to cover the spaces, or other devices used in playing1994
bingo;.1995

       (2)(b) The total amount of money paid by all of the1996
participants for bingo cards,or sheets, objects to cover the1997
spaces, or other devices used in playing bingo does not exceed one1998
hundred dollars;.1999

       (3)(c) All of the money paid for bingo cards,or sheets,2000
objects to cover spaces, or other devices used in playing bingo2001
areis used only to pay winners monetary and nonmonetary prizes2002
and to provide refreshments;.2003

       (4)(d) The total value of all prizes awarded during the game2004
does not exceed one hundred dollars;.2005

       (5)(e) No commission, wages, salary, reward, tip, donation,2006
gratuity, or other form of compensation, either directly or2007
indirectly, and regardless of the source, is paid to any bingo2008
game operator for work or labor performed at the site of the bingo2009
game;.2010

       (6)(f) The bingo game is not conducted during or within ten2011
hours of either of the following:2012

       (a)(i) A bingo session during which a charitable bingo game2013
is conducted pursuant to sections 2915.07 to 2915.11 of the2014
Revised Code;2015

       (b)(ii) A scheme of chance or game of chance other than a2016
bingo game conducted pursuant to this section,or bingo described2017
in division (S)(2) of section 2915.01 of the Revised Code.2018

       (7)(g) All of the participants reside at the premises where2019
the bingo game is conducted;.2020

       (8)(h) The bingo games are conducted on different days of2021
the week and not more than twice in a calendar week.2022

       (C)(B) The attorney general, or any local law enforcement2023
agency, may investigate the conduct of a bingo game that2024
purportedly is conducted for purposes of amusement only if there2025
is reason to believe that the purported amusement bingo game does2026
not comply with the requirements of either division (A)(1) or2027
(B)(2) of this section. A local law enforcement agency may2028
proceed by action in the proper court to enforce this section if2029
the local law enforcement agency gives written notice to the2030
attorney general when commencing the action.2031

       Sec. 2915.13. (A) A veteran's organization or a fraternal2032
organization authorized to conduct a bingo session pursuant to2033
sections 2915.01 to 2915.12 of the Revised Code may conduct2034
instant bingo other than at a bingo session if both of the2035
following apply:2036

        (1) The veteran's organization or fraternal organization2037
limits the sale of instant bingo to ten consecutive hours per day2038
for up to six days per week.2039

        (2) The veteran's organization or fraternal organization2040
limits the sale of instant bingo to its own premises and to its2041
own members and invited guests.2042

        (B) If a veteran's organization or fraternal organization2043
authorized to conduct instant bingo pursuant to division (A) of2044
this section is raising money for another charitable organization,2045
the veteran's organization or fraternal organization shall execute2046
a written contract with a charitable organization in order to2047
conduct instant bingo. That contract shall include a statement of2048
the percentage of the net proceeds that the veteran's or fraternal2049
organization will be distributing to the charitable organization.2050

        (C) If a veteran's organization or fraternal organization2051
authorized to conduct instant bingo pursuant to division (A) of2052
this section has been issued a liquor permit under Chapter 4303.2053
of the Revised Code, that permit may be subject to suspension,2054
revocation, or cancellation if the veteran's organization or2055
fraternal organization violates a provision of sections 2915.01 to2056
2915.13 of the Revised Code. 2057

       Sec. 3763.01.  (A) All promises, agreements, notes, bills,2058
bonds, or other contracts, mortgages, or other securities, when2059
the whole or part of the consideration thereof is for money or2060
other valuable thing won or lost, laid, staked, or betted at or2061
upon a game of any kind, or upon a horse race or cockfights, sport2062
or pastime, or on a wager, or for the repayment of money lent or2063
advanced at the time of a game, play, or wager, for the purpose of2064
being laid, betted, staked, or wagered, are void.2065

       (B) Sections 3763.01 to 3763.08 of the Revised Code do not2066
apply to a charitable bingo game as defined in division (O) of2067
section 2915.01 of the Revised Code or to any scheme or game of2068
chance that is not subject to criminal penalties under section2069
2915.02 of the Revised Code.2070

       Sec. 4301.03.  The liquor control commission may adopt and2071
promulgate, repeal, rescind, and amend, in the manner required by2072
this section, rules, standards, requirements, and orders necessary2073
to carry out this chapter and Chapter 4303. of the Revised Code,2074
but all rules of the board of liquor control which were in effect2075
immediately prior to April 17, 1963, shall remain in full force2076
and effect as rules of the liquor control commission until and2077
unless amended or repealed by the liquor control commission. The2078
rules of the commission may include the following:2079

       (A) Rules with reference to applications for and the2080
issuance of permits for the manufacture, distribution,2081
transportation, and sale of beer and intoxicating liquor, and the2082
sale of alcohol; and rules governing the procedure of the division2083
of liquor control in the suspension, revocation, and cancellation2084
of those permits;2085

       (B) Rules and orders providing in detail for the conduct of2086
any retail business authorized under permits issued pursuant to 2087
this chapter and Chapter 4303. of the Revised Code, with a view to2088
ensuring compliance with those chapters and laws relative to2089
them, and the maintenance of public decency, sobriety, and good2090
order in any place licensed under the permits. No rule or order2091
shall prohibit the sale of lottery tickets issued pursuant to2092
Chapter 3770. of the Revised Code by any retail business2093
authorized under permits issued pursuant to that chapter.2094

       No rule or order shall prohibit pari-mutuel wagering on2095
simulcast horse races at a satellite facility that has been issued2096
a D liquor permit under Chapter 4303. of the Revised Code. No2097
rule or order shall prohibit a charitableveteran's organization2098
or a fraternal organization that holds a D-4liquor permit, as2099
defined in Chapters 4301. and 4303. of the Revised Code, from2100
selling or serving beer or intoxicating liquor under its permit in2101
a portion of its premises merely because that portion of its2102
premises is used at other times for the conduct of a charitable2103
bingo gamesession or instant bingo other than at a bingo session.2104
However, such an organization shall not sell or serve beer or2105
intoxicating liquor or permit beer or intoxicating liquor to be2106
consumed or seen in the same location in its premises where a2107
charitable bingo game is being conducted while the game is being2108
conducted. As used in this division, "charitable organization"2109
has the same meaning as in division (H) of section 2915.01 of the2110
Revised Code, and "charitable bingo gamesession" and "instant2111
bingo" hashave the same meaningmeanings as in division (R) of2112
that section 2915.01 of the Revised Code. No rule or order2113
pertaining to visibility into the premises of a permit holder2114
after the legal hours of sale shall be adopted or maintained by2115
the commission.2116

       (C) Standards, not in conflict with those prescribed by any2117
law of this state or the United States, to secure the use of2118
proper ingredients and methods in the manufacture of beer, mixed2119
beverages, and wine to be sold within this state;2120

       (D) Rules determining the nature, form, and capacity of all2121
packages and bottles to be used for containing beer or2122
intoxicating liquor except for spirituous liquor to be kept or2123
sold, governing the form of all seals and labels to be used on2124
those packages and bottles, and requiring the label on every2125
package, bottle, and container to state the ingredients in the2126
contents and, except on beer, the terms of weight, volume, or2127
proof spirits, and whether the same is beer, wine, alcohol, or any2128
intoxicating liquor except for spirituous liquor;2129

       (E) Uniform rules governing all advertising with reference2130
to the sale of beer and intoxicating liquor throughout the state2131
and advertising upon and in the premises licensed for the sale of2132
beer or intoxicating liquor;2133

       (F) Rules restricting and placing conditions upon the2134
transfer of permits;2135

       (G) Rules and orders limiting the number of permits of any2136
class within the state or within any political subdivision of the2137
state; and, for that purpose, adopting reasonable classifications2138
of persons or establishments to which any authorized class of2139
permits may be issued within any political subdivision;2140

       (H) Rules and orders with reference to sales of beer and2141
intoxicating liquor on Sundays and holidays and with reference to2142
the hours of the day during which and the persons to whom2143
intoxicating liquor of any class may be sold, and rules with2144
reference to the manner of sale;2145

       (I) Rules requiring permit holders buying beer to pay and2146
permit holders selling beer to collect minimum cash deposits for2147
kegs, cases, bottles, or other returnable containers of the beer;2148
requiring the repayment, or credit, of the minimum cash deposit2149
charges upon the return of the empty containers; and requiring2150
the posting of such form of indemnity or such other conditions2151
with respect to the charging, collection, and repayment of minimum2152
cash deposit charges for returnable containers of beer as are2153
necessary to ensure the return of the empty containers or the2154
repayment upon that return of the minimum cash deposits paid;2155

       (J) Rules establishing the method by which alcohol products2156
may be imported for sale by wholesale distributors and the method2157
by which manufacturers and suppliers may sell alcohol products to2158
wholesale distributors.2159

       (K) Rules governing the procedure of the division of liquor2160
control in the suspension, revocation, and cancellation of permits2161
issued to a veteran's organization or fraternal organization for a2162
violation of any provision of sections 2915.01 to 2915.13 of the2163
Revised Code. As used in this division "veteran's organization"2164
and "fraternal organization" have the same meanings as in section2165
2915.01 of the Revised Code.2166

       Every rule, standard, requirement, or order of the commission2167
and every repeal, amendment, or rescission of them shall be2168
posted for public inspection in the principal office of the2169
commission and the principal office of the division of liquor2170
control, and a certified copy of them shall be filed in the2171
office of the secretary of state. An order applying only to2172
persons named in it shall be served on the persons affected by2173
personal delivery of a certified copy, or by mailing a certified2174
copy to each person affected by it or, in the case of a2175
corporation, to any officer or agent of the corporation upon whom2176
a service of summons may be served in a civil action. The posting2177
and filing required by this section constitutes sufficient notice2178
to all persons affected by such rule or order which is not2179
required to be served. General rules of the commission2180
promulgated pursuant to this section shall be published in the2181
manner the commission determines.2182

       Sec. 4303.17.  Permit D-4 may be issued to a club which has2183
been in existence for three years or more prior to the issuance of2184
suchthe permit to sell beer and any intoxicating liquor to its2185
members only, in glass or container, for consumption on the2186
premises where sold. The fee for this permit is three hundred2187
seventy-five dollars. No such permit shall be granted or retained2188
until all elected officers of suchthe organization controlling2189
suchthe club have filed with the division of liquor control a2190
statement certifying that suchthe club is operated in the2191
interest of the membership of a reputable organization, which is2192
maintained by a dues paying membership, setting forth the amount2193
of initiation fee and yearly dues. All such matters shall be2194
contained in a statement signed under oath and accompanied by a2195
surety bond in the sum of one thousand dollars. SuchThe bond2196
shall be declared forfeited in the full amount of the penal sum of2197
the bond for any false statement contained in suchthe2198
certificate, and the surety shall pay the amount of the bond to2199
the division. The roster of membership of a D-4 permit holder2200
shall be submitted under oath on the request of the superintendent2201
of liquor control. Any information acquired by the superintendent2202
or the division with respect to suchthat membership shall not be2203
open to public inspection or examination and may be divulged by2204
the superintendent and the division only in hearings before the2205
liquor control commission or in a court action in which the2206
division or the superintendent is named a party.2207

       The requirement that a club shall have been in existence for2208
three years in order to qualify for a D-4 permit does not apply to2209
units of organizations chartered by congress or to a subsidiary2210
unit of a national fraternal organization if the parent2211
organization has been in existence for three years or more at the2212
time application for a permit is made by suchthe unit.2213

       No rule or order of the division or commission shall prohibit2214
a charitable organization that holds a D-4 permit from selling or2215
serving beer or intoxicating liquor under its permit in a portion2216
of its premises merely because that portion of its premises is2217
used at other times for the conduct of a charitablethat is a2218
veteran's organization or a fraternal organization from conducting2219
bingo gameas described in division (S)(2) of section 2915.01 of2220
the Revised Code on the premises of a D-4 or D-5 permit holder in2221
accordance with Chapter 2915. of the Revised Code and the2222
provisions of division (B) of section 4301.03 of the Revised Code.2223
However, such an organization shall not sell or serve beer or2224
intoxicating liquor or permit beer or intoxicating liquor to be2225
consumed or seen in the same location in its premises where a2226
charitable bingo game is being conducted while the game is being2227
conducted. As used in this section, "charitable organization" has2228
the same meaning as in division (H) of section 2915.01 and2229
"charitable bingo game" hashave the same meaningmeanings as in2230
division (R) of section 2915.01 of the Revised Code.2231

       Section 2.  That existing sections 109.32, 173.121, 1531.01,2232
1711.09, 2915.01, 2915.02, 2915.04, 2915.05, 2915.07, 2915.08,2233
2915.09, 2915.10, 2915.12, 3763.01, 4301.03, and 4303.17 of the2234
Revised Code are hereby repealed.2235

       Section 3. The annual license fees prescribed by division2236
(A)(1) of section 2915.08 of the Revised Code, as amended by this2237
act, shall not be applied until one year after the effective date2238
of this act. During that one-year period after the effective date2239
of this act, the attorney general may, by rule adopted pursuant to2240
section 111.15 of the Revised Code establish the license fees for2241
the conduct of bingo, instant bingo at a bingo session, and2242
instant bingo other than at a bingo session.2243

       Section 4. All applicants that apply for an initial2244
distributor license under section 2915.081 of the Revised Code2245
within sixty days after the effective date of this act may sell2246
bingo supplies as authorized by section 2915.081 of the Revised2247
Code without a license only until a determination is made by the2248
attorney general either granting or denying the application for a2249
license under section 2915.081 of the Revised Code.2250

       Section 5. All applicants that apply for an initial2251
manufacturer's license under section 2915.082 of the Revised Code2252
within sixty days after the effective date of this act may sell2253
bingo supplies as authorized by section 2915.082 of the Revised2254
Code without a license only until a determination is made by the2255
attorney general either granting or denying the application for a2256
license under section 2915.082 of the Revised Code.2257

       Section 6. Divisions (D) and (E)(4) of section 2915.081 of2258
the Revised Code, as enacted by this act, prohibiting a2259
distributor from being a lessor of premises used for the conduct2260
of bingo or having any direct or indirect ownership interest in a2261
premises used for the conduct of bingo, shall not be applied2262
against any distributor until one year after the effective date of2263
this act if the distributor possesses an interest in any premises2264
used for the conduct of bingo on the effective date of this act.2265

       Section 7.  Division (A)(4) of section 2915.08 of the Revised2266
Code shall not be applied until one year after the effective date2267
of this act.2268

       Section 8.  Section 2915.09 of the Revised Code is presented2269
in this act as a composite of the section as amended by both Am.2270
Sub. S.B. 70 and Am. Sub. S.B. 2 of the 121st General Assembly.2271
The General Assembly, applying the principle stated in division2272
(B) of section 1.52 of the Revised Code that amendments are to be2273
harmonized if reasonably capable of simultaneous operation, finds2274
that the composite is the resulting version of the section in2275
effect prior to the effective date of the section as presented in2276
this act.2277