REPRESENTATIVES Hollister, Faber, Aslanides, Blasdel, Brinkman, Callender, Carmichael, Clancy, Collier, Daniels, C. Evans, Fessler, Flowers, Gibbs, Gilb, Grendell, Hoops, Latta, Kearns, Niehaus, Oelslager, Olman, Peterson, Raussen, Reidelbach, Reinhard, Schaffer, Schmidt, J. Stewart, Taylor, Trakas, Wagner, Widener, Widowfield, Willamowski, Wolpert, Young, Allen, Book, Carano, Cirelli, DePiero, Distel, Domenick, Driehaus, Hartnett, Harwood, Jerse, Koziura, Otterman, S. Patton, Perry, Redfern, Seaver, Sferra, Wilson

To amend sections 2915.01, 2915.02, 2915.03, 2915.07,

1

2915.08, 2915.081, 2915.082, 2915.09, 2915.091,

2

2915.092, 2915.10, 2915.101, and 2915.13 and to

3

enact section 2915.083 of the Revised Code

4

relative to the conduct of bingo, instant bingo at

5

a bingo session, and instant bingo other than at a

6

bingo session by a charitable organization, and to

7

other charitable gambling-related matters.

8

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

Section 1. That sections 2915.01, 2915.02, 2915.03, 2915.07,	9
2915.08, 2015.081, 2915.082, 2915.09, 2915.091, 2915.092, 2915.10,	10
2915.101, and 2915.13 be amended and section 2915.083 of the	11
Revised Code be enacted to read as follows:	12

Sec. 2915.01.  As used in this chapter:

13

(A) "Bookmaking" means the business of receiving or paying	14
off bets.	15

(B) "Bet" means the hazarding of anything of value upon the	16
result of an event, undertaking, or contingency, but does not	17
include a bona fide business risk.	18

(C) "Scheme of chance" means a slot machine, lottery, numbers	19
game, pool conducted for profit, or other scheme in which a	20
participant gives a valuable consideration for a chance to win a	21
prize, but does not include bingo, a skill-based amusement	22
machine, or a pool not conducted for profit.	23

(D) "Game of chance" means poker, craps, roulette, or other	24
game in which a player gives anything of value in the hope of	25
gain, the outcome of which is determined largely by chance, but	26
does not include bingo.	27

(E) "Game of chance conducted for profit" means any game of	28
chance designed to produce income for the person who conducts or	29
operates the game of chance, but does not include bingo.	30

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

31

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

32

(2) A ticket, token, or other device representing a chance,	33
share, or interest in a scheme of chance or evidencing a bet;	34

(3) A deck of cards, dice, gaming table, roulette wheel, slot	35
machine, or other apparatus designed for use in connection with a	36
game of chance;	37

(4) Any equipment, device, apparatus, or paraphernalia	38
specially designed for gambling purposes;	39

(5) Bingo supplies sold or otherwise provided, or used, in	40
violation of this chapter.	41

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

42

(1) A violation of section 2915.02, 2915.03, 2915.04,	43
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	44
2915.092, 2915.10, or 2915.11 of the Revised Code;	45

(2) A violation of an existing or former municipal ordinance	46
or law of this or any other state or the United States	47
substantially equivalent to any section listed in division (G)(1)	48
of this section or a violation of section 2915.06 of the Revised	49
Code as it existed prior to July 1, 1996;	50

(3) An offense under an existing or former municipal	51
ordinance or law of this or any other state or the United States,	52
of which gambling is an element;	53

(4) A conspiracy or attempt to commit, or complicity in	54
committing, any offense under division (G)(1), (2), or (3) of this	55
section.	56

(H) Except as otherwise provided in this chapter, "charitable	57
"Charitable organization" means any tax exempt religious,	58
educational, veteran's, fraternal, sporting, service, nonprofit	59
medical, volunteer rescue service, volunteer firefighter's, senior	60
citizen's, historic railroad educational, youth athletic, amateur	61
athletic, or youth athletic park organization. An organization is	62
tax exempt if the organization is, and has received from the	63
internal revenue service a determination letter that currently is	64
in effect stating that the organization is, exempt from federal	65
income taxation under subsection 501(a) and described in	66
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	67
501(c)(19) of the Internal Revenue Code, if the organization is a	68
veteran's organization or a fraternal organization and is, and has	69
received from the internal revenue service a determination letter	70
that currently is in effect stating that the organization is,	71
exempt from federal income taxation under subsection 501(a) and	72
described in subsection 501(c)(4) of the Internal Revenue Code, or	73
if the organization is a sporting organization that is exempt from	74
federal income taxation under subsection 501(a) and is described	75
in subsection 501(c)(7) of the Internal Revenue Code. To qualify	76
as a charitable organization, an organization, except a volunteer	77
rescue service or volunteer fire fighter's organization, shall	78
have been in continuous existence as such in this state for a	79
period of two years immediately preceding either the making of an	80
application for a bingo license under section 2915.08 of the	81
Revised Code or the conducting of any game of chance as provided	82
in division (D) of section 2915.02 of the Revised Code. A	83
charitable organization that is exempt from federal income	84
taxation under subsection 501(a) and described in subsection	85
501(c)(3) of the Internal Revenue Code and that is created by a	86
veteran's organization, a fraternal organization, or a sporting	87
organization does not have to have been in continuous existence as	88
such in this state for a period of two years immediately preceding	89
either the making of an application for a bingo license under	90
section 2915.08 of the Revised Code or the conducting of any game	91
of chance as provided in division (D) of section 2915.02 of the	92
Revised Code.	93

(I) "Religious organization" means any church, body of	94
communicants, or group that is not organized or operated for	95
profit and that gathers in common membership for regular worship	96
and religious observances.	97

(J) "Educational organization" means any organization within	98
this state that is not organized for profit, the primary purpose	99
of which is to educate and develop the capabilities of individuals	100
through instruction by means of operating or contributing to the	101
support of a school, academy, college, or university.	102

(K) "Veteran's organization" means any individual post or	103
state headquarters of a national veteran's association, or anany	104
auxiliary unit of any individual post of a national veteran's	105
association, which post, state headquarters, or auxiliary unit	106
that has been in continuous existence in this state for at least	107
two years and incorporated as a nonprofit corporationimmediately	108
preceding making an application for a bingo license and either has	109
received a letter from the state headquarters of the national	110
veteran's association indicating that the individual post or	111
auxiliary unit is in good standing with the national veteran's	112
association or has received a letter from the national veteran's	113
association indicating that the state headquarters is in good	114
standing with the national veteran's association. As used in this	115
division, "national veteran's association" means any veteran's	116
association that has been in continuous existence as such for a	117
period of at least five years and either is incorporated by an act	118
of the United States congress or has a national dues-paying	119
membership of at least five thousand persons.	120

(L) "Volunteer firefighter's organization" means any	121
organization of volunteer firefighters, as defined in section	122
146.01 of the Revised Code, that is organized and operated	123
exclusively to provide financial support for a volunteer fire	124
department or a volunteer fire company and that is recognized or	125
ratified by a county, municipal corporation, or township.	126

(M) "Fraternal organization" means any society, order, state	127
headquarters, or association within this state, except a college	128
or high school fraternity, that is not organized for profit, that	129
is a branch, lodge, or chapter of a national or state	130
organization, that exists exclusively for the common business or	131
sodality of its members, and that has been in continuous existence	132
in this state for a period of fivetwo years.	133

(N) "Volunteer rescue service organization" means any	134
organization of volunteers organized to function as an emergency	135
medical service organization, as defined in section 4765.01 of the	136
Revised Code.	137

(O) "Service organization" means any organization, not	138
organized for profit, that is organized and operated exclusively	139
to provide, or to contribute to the support of organizations or	140
institutions organized and operated exclusively to provide,	141
medical and therapeutic services for persons who are crippled,	142
born with birth defects, or have any other mental or physical	143
defect or those organized and operated exclusively to protect, or	144
to contribute to the support of organizations or institutions	145
organized and operated exclusively to protect, animals from	146
inhumane treatment.	147

(P) "Nonprofit medical organization" means any organization	148
that has been incorporated as a nonprofit corporation for at least	149
five years and that has continuously operated and will be operated	150
exclusively to provide, or to contribute to the support of	151
organizations or institutions organized and operated exclusively	152
to provide, hospital, medical, research, or therapeutic services	153
for the public.	154

(Q) "Senior citizen's organization" means any private	155
organization, not organized for profit, that is organized and	156
operated exclusively to provide recreational or social services	157
for persons who are fifty-five years of age or older and that is	158
described and qualified under subsection 501(c)(3) of the Internal	159
Revenue Code.	160

(R) "Charitable bingo game" means any bingo game described in	161
division (S)(1) or (2) of this section that is conducted by a	162
charitable organization that has obtained a license pursuant to	163
section 2915.08 of the Revised Code and the proceeds of which are	164
used for a charitable purpose.	165

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

166

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

167

(a) The participants use bingo cards or sheets, including	168
paper formats and electronic representation or image formats, that	169
are divided into twenty-five spaces arranged in five horizontal	170
and five vertical rows of spaces, with each space, except the	171
central space, being designated by a combination of a letter and a	172
number and with the central space being designated as a free	173
space.	174

(b) The participants cover the spaces on the bingo cards or	175
sheets that correspond to combinations of letters and numbers that	176
are announced by a bingo game operator.	177

(c) A bingo game operator announces combinations of letters	178
and numbers that appear on objects that a bingo game operator	179
selects by chance, either manually or mechanically, from a	180
receptacle that contains seventy-five objects at the beginning of	181
each game, each object marked by a different combination of a	182
letter and a number that corresponds to one of the seventy-five	183
possible combinations of a letter and a number that can appear on	184
the bingo cards or sheets.	185

(d) The winner of the bingo game includes any participant who	186
properly announces during the interval between the announcements	187
of letters and numbers as described in division (S)(1)(c) of this	188
section, that a predetermined and preannounced pattern of spaces	189
has been covered on a bingo card or sheet being used by the	190
participant.	191

(2) Instant bingo, punch boards, and raffles.

192

(T) "Conduct" means to back, promote, organize, manage, carry	193
on, sponsor, or prepare for the operation of bingo or a game of	194
chance.	195

(U) "Bingo game operator" means any person, except security	196
personnel, who performs work or labor at the site of bingo,	197
including, but not limited to, collecting money from participants,	198
handing out bingo cards or sheets or objects to cover spaces on	199
bingo cards or sheets, selecting from a receptacle the objects	200
that contain the combination of letters and numbers that appear on	201
bingo cards or sheets, calling out the combinations of letters and	202
numbers, distributing prizes, selling or redeeming instant bingo	203
tickets or cards, supervising the operation of a punch board,	204
selling raffle tickets, selecting raffle tickets from a receptacle	205
and announcing the winning numbers in a raffle, and preparing,	206
selling, and serving food or beverages.	207

(V) "Participant" means any person who plays bingo.

208

(W) "Bingo session" means a period that includes both of the	209
following:	210

(1) Not to exceed five continuous hours for the conduct of	211
one or more games described in division (S)(1) of this section,	212
instant bingo, and seal cards;	213

(2) A period for the conduct of instant bingo and seal cards	214
for not more than two hours before and not more than two hours	215
after the period described in division (W)(1) of this section.	216

(X) "Gross receipts" means all money or assets, including	217
admission fees, that a person receives from bingo without the	218
deduction of any amounts for prizes paid out or for the expenses	219
of conducting bingo. "Gross receipts" does not include any money	220
directly taken in from the sale of food or beverages by a	221
charitable organization conducting bingo, or by a bona fide	222
auxiliary unit or society of a charitable organization conducting	223
bingo, provided all of the following apply:	224

(1) The auxiliary unit or society has been in existence as a	225
bona fide auxiliary unit or society of the charitable organization	226
for at least two years prior to conducting bingo.	227

(2) The person who purchases the food or beverage receives	228
nothing of value except the food or beverage and items customarily	229
received with the purchase of that food or beverage.	230

(3) The food and beverages are sold at customary and	231
reasonable prices.	232

(Y) "Security personnel" includes any person who either is a	233
sheriff, deputy sheriff, marshal, deputy marshal, township	234
constable, or member of an organized police department of a	235
municipal corporation or has successfully completed a peace	236
officer's training course pursuant to sections 109.71 to 109.79 of	237
the Revised Code and who is hired to provide security for the	238
premises on which bingo is conducted.	239

(Z) "Charitable purpose" means that the net profit of bingo,	240
other than instant bingo, is used by, or is given, donated, or	241
otherwise transferred to, any of the following:	242

(1) Any organization that is described in subsection	243
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	244
and is either a governmental unit or an organization that is tax	245
exempt under subsection 501(a) and described in subsection	246
501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the	247
Internal Revenue Code;	248

(2) A veteran's organization that is a post, chapter, or	249
organization of veterans, or an auxiliary unit or society of, or a	250
trust or foundation for, any such post, chapter, or organization	251
organized in the United States or any of its possessions, at least	252
seventy-five per cent of the members of which are veterans and	253
substantially all of the other members of which are individuals	254
who are spouses, widows, or widowers of veterans, or such	255
individuals, provided that no part of the net earnings of such	256
post, chapter, or organization inures to the benefit of any	257
private shareholder or individual, and further provided that the	258
net profit is used by the post, chapter, or organization for the	259
charitable purposes set forth in division (B)(12) of section	260
5739.02 of the Revised Code, is used for awarding scholarships to	261
or for attendance at an institution mentioned in division (B)(12)	262
of section 5739.02 of the Revised Code, is donated to a	263
governmental agency, or is used for nonprofit youth activities,	264
the purchase of United States or Ohio flags that are donated to	265
schools, youth groups, or other bona fide nonprofit organizations,	266
promotion of patriotism, or disaster relief;	267

(3) A fraternal organization that has been in continuous	268
existence in this state for fifteen years and that uses the net	269
profit exclusively for religious, charitable, scientific,	270
literary, or educational purposes, or for the prevention of	271
cruelty to children or animals, if contributions for such use	272
would qualify as a deductible charitable contribution under	273
subsection 170 of the Internal Revenue Code;	274

(4) A volunteer firefighter's organization that uses the net	275
profit for the purposes set forth in division (L) of this section.	276

(AA) "Internal Revenue Code" means the "Internal Revenue Code	277
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	278
amended.	279

(BB) "Youth athletic organization" means any organization,	280
not organized for profit, that is organized and operated	281
exclusively to provide financial support to, or to operate,	282
athletic activities for persons who are twenty-one years of age or	283
younger by means of sponsoring, organizing, operating, or	284
contributing to the support of an athletic team, club, league, or	285
association.	286

(CC) "Youth athletic park organization" means any	287
organization, not organized for profit, that satisfies both of the	288
following:	289

(1) It owns, operates, and maintains playing fields that	290
satisfy both of the following:	291

(a) The playing fields are used at least one hundred days per	292
year for athletic activities by one or more organizations, not	293
organized for profit, each of which is organized and operated	294
exclusively to provide financial support to, or to operate,	295
athletic activities for persons who are eighteen years of age or	296
younger by means of sponsoring, organizing, operating, or	297
contributing to the support of an athletic team, club, league, or	298
association.	299

(b) The playing fields are not used for any profit-making	300
activity at any time during the year.	301

(2) It uses the proceeds of bingo it conducts exclusively for	302
the operation, maintenance, and improvement of its playing fields	303
of the type described in division (CC)(1) of this section.	304

(DD) "Amateur athletic organization" means any organization,	305
not organized for profit, that is organized and operated	306
exclusively to provide financial support to, or to operate,	307
athletic activities for persons who are training for amateur	308
athletic competition that is sanctioned by a national governing	309
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	310
3045, 36 U.S.C.A. 373.	311

(EE) "Bingo supplies" means bingo cards or sheets; instant	312
bingo tickets or cards; electronic bingo aids; raffle tickets;	313
punch boards; seal cards; instant bingo ticket dispensers; and	314
devices for selecting or displaying the combination of bingo	315
letters and numbers or raffle tickets. Items that are "bingo	316
supplies" are not gambling devices if sold or otherwise provided,	317
and used, in accordance with this chapter. For purposes of this	318
chapter, "bingo supplies" are not to be considered equipment used	319
to conduct a bingo game.	320

(FF) "Instant bingo" means a form of bingo that uses folded	321
or banded tickets or paper cards with perforated break-open tabs,	322
a face of which is covered or otherwise hidden from view to	323
conceal a number, letter, or symbol, or set of numbers, letters,	324
or symbols, some of which have been designated in advance as prize	325
winners. "Instant bingo" includes seal cards. "Instant bingo" does	326
not include any device that is activated by the insertion of a	327
coin, currency, token, or an equivalent, and that contains as one	328
of its components a video display monitor that is capable of	329
displaying numbers, letters, symbols, or characters in winning or	330
losing combinations.	331

(GG) "Seal card" means a form of instant bingo that uses	332
instant bingo tickets in conjunction with a board or placard that	333
contains one or more seals that, when removed or opened, reveal	334
predesignated winning numbers, letters, or symbols.	335

(HH) "Raffle" means a form of bingo in which the one or more	336
prizes are won by one or more persons who have purchased a raffle	337
ticket. The one or more winners of the raffle are determined by	338
drawing a ticket stub or other detachable section from a	339
receptacle containing ticket stubs or detachable sections	340
corresponding to all tickets sold for the raffle.	341

(II) "Punch board" means a board containing a number of holes	342
or receptacles of uniform size in which are placed, mechanically	343
and randomly, serially numbered slips of paper that may be punched	344
or drawn from the hole or receptacle when used in conjunction with	345
instant bingo. A player may punch or draw the numbered slips of	346
paper from the holes or receptacles and obtain the prize	347
established for the game if the number drawn corresponds to a	348
winning number or, if the punch board includes the use of a seal	349
card, a potential winning number.	350

(JJ) "Gross profit" means gross receipts minus the amount	351
actually expended for the payment of prize awards.	352

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

353

(LL) "Expenses" means the reasonable amount of gross profit	354
actually expended for all of the following:	355

(1) The purchase or lease of bingo supplies;

356

(2) The annual license fee required under section 2915.08 of	357
the Revised Code;	358

(3) Bank fees and service charges for a bingo session or game	359
account described in section 2915.10 of the Revised Code;	360

(4) Audits and accounting services;

361

(5) Safes;

362

(6) Cash registers;

363

(7) Hiring security personnel;

364

(8) Advertising bingo;

365

(9) Renting premises in which to conduct a bingo session;

366

(10) Tables and chairs;

367

(11) Expenses for maintaining and operating a charitable	368
organization's facilities, including, but not limited to, a post	369
home, club house, lounge, tavern, or canteen and any grounds	370
attached to the post home, club house, lounge, tavern, or canteen,	371
or any other expenses for operating the post home, club house,	372
lounge, tavern, or canteen;	373

(12) Any other product or service directly related to the	374
conduct of bingo that is authorized in rules adopted by the	375
attorney general under division (B)(1) of section 2915.08 of the	376
Revised Code.	377

(MM) "Person" has the same meaning as in section 1.59 of the	378
Revised Code and includes any firm or any other legal entity,	379
however organized.	380

(NN) "Revoke" means to void permanently all rights and	381
privileges of the holder of a license issued under section	382
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or	383
a charitable gaming license issued by another jurisdiction.	384

(OO) "Suspend" means to interrupt temporarily all rights and	385
privileges of the holder of a license issued under section	386
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or	387
a charitable gaming license issued by another jurisdiction.	388

(PP) "Distributor" means any person who purchases or obtains	389
bingo supplies and who sells, offers for sale, or otherwise	390
provides or offers to provide the bingo supplies to another person	391
for use in this state.	392

(QQ) "Manufacturer" means any person who assembles completed	393
bingo supplies from raw materials, other items, or subparts or who	394
modifies, converts, adds to, or removes parts from bingo supplies	395
to further their promotion or sale.	396

(RR) "Gross annual revenues" means the annual gross receipts	397
derived from the conduct of bingo described in division (S)(1) of	398
this section plus the annual net profit derived from the conduct	399
of bingo described in division (S)(2) of this section.	400

(SS) "Instant bingo ticket dispenser" means a mechanical	401
device that dispenses an instant bingo ticket or card as the sole	402
item of value dispensed and that has the following	403
characteristics:	404

(1) It is activated upon the insertion of United States	405
currency.	406

(2) It performs no gaming functions.

407

(3) It does not contain a video display monitor or generate	408
noise.	409

(4) It is not capable of displaying any numbers, letters,	410
symbols, or characters in winning or losing combinations.	411

(5) It does not simulate or display rolling or spinning	412
reels.	413

(6) It is incapable of determining whether a dispensed bingo	414
ticket or card is a winning or nonwinning ticket or card and	415
requires a winning ticket or card to be paid by a bingo game	416
operator.	417

(7) It may provide accounting and security features to aid in	418
accounting for the instant bingo tickets or cards it dispenses.	419

(8) It is not part of an electronic network and is not	420
interactive.	421

(TT)(1) "Electronic bingo aid" means an electronic device	422
used by a participant to monitor bingo cards or sheets purchased	423
at the time and place of a bingo session and that does all of the	424
following:	425

(a) It provides a means for a participant to input numbers	426
and letters announced by a bingo caller.	427

(b) It compares the numbers and letters entered by the	428
participant to the bingo faces previously stored in the memory of	429
the device.	430

(c) It identifies a winning bingo pattern.

431

(2) "Electronic bingo aid" does not include any device into	432
which a coin, currency, token, or an equivalent is inserted to	433
activate play.	434

(UU) "Deal of instant bingo tickets" means a single game of	435
instant bingo tickets all with the same serial number.	436

(VV)(1) "Slot" machine means either of the following:

437

(a) Any mechanical, electronic, video, or digital device that	438
is capable of accepting anything of value, directly or indirectly,	439
from or on behalf of a player who gives the thing of value in the	440
hope of gain, the outcome of which is determined largely or wholly	441
by chance;	442

(b) Any mechanical, electronic, video, or digital device that	443
is capable of accepting anything of value, directly or indirectly,	444
from or on behalf of a player to conduct or dispense bingo or a	445
scheme or game of chance.	446

(2) "Slot machine" does not include a skill-based amusement	447
machine.	448

(WW) "Net profit from the proceeds of the sale of instant	449
bingo" means gross profit minus the ordinary, necessary, and	450
reasonable expense expended for the purchase of instant bingo	451
supplies and any and all expenses as defined in division (LL) of	452
this section.	453

(XX) "Charitable instant bingo organization" means an	454
organization that is exempt from federal income taxation under	455
subsection 501(a) and described in subsection 501(c)(3),	456
501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal	457
Revenue Code and is a charitable organization as defined in	458
division (H) of this section. A "charitable instant bingo	459
organization" does not include a charitable organization that is	460
exempt from federal income taxation under subsection 501(a) and	461
described in subsection 501(c)(3) of the Internal Revenue Code and	462
that is created by a veteran's organization, a fraternal	463
organization, or a sporting organization in regards to bingo	464
conducted or assisted by a veteran's organization, a fraternal	465
organization, or a sporting organization pursuant to section	466
2915.13 of the Revised Code.	467

(YY) "Game flare" means the board or placard that accompanies	468
each deal of instant bingo tickets and that has printed on or	469
affixed to it the following information for the game:	470

(1) The name of the game;

471

(2) The manufacturer's name or distinctive logo;

472

(3) The form number;

473

(4) The ticket count;

474

(5) The prize structure, including the number of winning	475
instant bingo tickets by denomination and the respective winning	476
symbol or number combinations for the winning instant bingo	477
tickets;	478

(6) The cost per play;

479

(7) The serial number of the game.

480

(ZZ) "Historic railroad educational organization" means an	481
organization that is exempt from federal income taxation under	482
subsection 501(a) and described in subsection 501(c)(3) of the	483
Internal Revenue Code, that owns in fee simple the tracks and the	484
right of way of a historic railroad that the organization restores	485
or maintains and on which the organization provides excursions as	486
part of a program to promote tourism and educate visitors	487
regarding the role of railroad transportation in Ohio history, and	488
that received as donations from a charitable organization that	489
holds a license to conduct bingo under this chapter an amount	490
equal to at least fifty per cent of that licensed charitable	491
organization's net proceeds from the conduct of bingo during each	492
of the five years preceding June 30, 2003. "Historic railroad"	493
means all or a portion of the tracks and right-of-way of a	494
railroad that was owned and operated by a for profit common	495
carrier in this state at any time prior to January 1, 1950.	496

(AAA)(1) "Skill-based amusement machine" means a skill-based	497
amusement device, such as a mechanical, electronic, video, or	498
digital device, or machine, whether or not the skill-based	499
amusement machine requires payment for use through a coin or bill	500
validator or other payment of consideration or value to	501
participate in the machine's offering or to activate the machine,	502
provided that all of the following apply:	503

(a) The machine involves a task, game, play, contest,	504
competition, or tournament in which the player actively	505
participates in the task, game, play, contest, competition, or	506
tournament.	507

(b) The outcome of an individual's play and participation is	508
not determined largely or wholly by chance.	509

(c) The outcome of play during a game is not controlled by a	510
person not actively participating in the game.	511

(2) All of the following apply to any machine that is	512
operated as described in division (AAA)(1) of this section:	513

(a) As used in this section, "task," "game," and "play" mean	514
one event from the initial activation of the machine until the	515
results of play are determined without payment of additional	516
consideration. An individual utilizing a machine that involves a	517
single task, game, play, contest, competition, or tournament may	518
be awarded prizes based on the results of play.	519

(b) Advance play for a single task, game, play, contest,	520
competition, or tournament participation may be purchased. The	521
cost of the contest, competition, or tournament participation may	522
be greater than a single non-contest, competition, or tournament	523
play.	524

(c) To the extent that the machine is used in a contest,	525
competition, or tournament, that contest, competition, or	526
tournament has a defined starting and ending date and is open to	527
participants in competition for scoring and ranking results toward	528
the awarding of prizes that are stated prior to the start of the	529
contest, competition, or tournament.	530

(BBB) "Pool not conducted for profit" means a scheme in which	531
a participant gives a valuable consideration for a chance to win a	532
prize and the total amount of consideration wagered is distributed	533
to a participant or participants.	534

(CCC) "Sporting organization" means a hunting, fishing, or	535
trapping organization, other than a college or high school	536
fraternity or sorority, that is not organized for profit, that is	537
affiliated with a state or national sporting organization,	538
including but not limited to, the Ohio League of sportsmen, and	539
that has been in continuous existence in this state for a period	540
of threetwo years.	541

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

542

(1) Engage in bookmaking, or knowingly engage in conduct that	543
facilitates bookmaking;	544

(2) Establish, promote, or operate or knowingly engage in	545
conduct that facilitates any game of chance conducted for profit	546
or any scheme of chance;	547

(3) Knowingly procure, transmit, exchange, or engage in	548
conduct that facilitates the procurement, transmission, or	549
exchange of information for use in establishing odds or	550
determining winners in connection with bookmaking or with any game	551
of chance conducted for profit or any scheme of chance;	552

(4) Engage in betting or in playing any scheme or game of	553
chance as a substantial source of income or livelihood;	554

(5) With purpose to violate division (A)(1), (2), (3), or (4)	555
of this section, acquire, possess, control, or operate any	556
gambling device.	557

(B) For purposes of division (A)(1) of this section, a person	558
facilitates bookmaking if the person in any way knowingly aids an	559
illegal bookmaking operation, including, without limitation,	560
placing a bet with a person engaged in or facilitating illegal	561
bookmaking. For purposes of division (A)(2) of this section, a	562
person facilitates a game of chance conducted for profit or a	563
scheme of chance if the person in any way knowingly aids in the	564
conduct or operation of any such game or scheme, including,	565
without limitation, playing any such game or scheme.	566

(C) This section does not prohibit conduct in connection with	567
gambling expressly permitted by law.	568

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

569

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

570

(a) The games of chance are not craps for money or roulette	571
for money.	572

(b) The games of chance are conducted by a charitable	573
organization that is, and has received from the internal revenue	574
service a determination letter that is currently in effect,	575
stating that the organization is, exempt from federal income	576
taxation under subsection 501(a) and described in subsection	577
501(c)(3) of the Internal Revenue Codeas defined in division (H)	578
of section 2915.01 of the Revised Code.	579

(c) The games of chance are conducted at festivals of the	580
charitable organization that are conducted either for a period of	581
four consecutive days or less and not more than twice a year or	582
for a period of five consecutive days not more than once a year,	583
and are conducted on premises owned by the charitable organization	584
for a period of no less than one year immediately preceding the	585
conducting of the games of chance, on premises leased from a	586
governmental unit, or on premises that are leased from a veteran's	587
or fraternal organization and that have been owned by the lessor	588
veteran's or fraternal organization for a period of no less than	589
one year immediately preceding the conducting of the games of	590
chance.	591

A charitable organization shall not lease premises from a	592
veteran's or fraternal organization to conduct a festival	593
described in division (D)(1)(c) of this section if the veteran's	594
or fraternal organization already has leased the premises four	595
twelve times during the immediately preceding yeartwelve months	596
to charitable organizations for that purpose. If a charitable	597
organization leases premises from a veteran's or fraternal	598
organization to conduct a festival described in division (D)(1)(c)	599
of this section, the charitable organization shall not pay a	600
rental rate for the premises per day of the festival that exceeds	601
the rental rate per bingo session that a charitable organization	602
may pay under division (B)(1) of section 2915.09 of the Revised	603
Code when it leases premises from another charitable organization	604
to conduct bingo games.	605

(d) All of the money or assets received from the games of	606
chance after deduction only of prizes paid out during the conduct	607
of the games of chance are used by, or given, donated, or	608
otherwise transferred to, any organization that is described in	609
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	610
Revenue Code and is either a governmental unit or an organization	611
that is tax exempt under subsection 501(a) and described in	612
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	613
501(c)(19) of the Internal Revenue Code;	614

(e) The games of chance are not conducted during, or within	615
ten hours of, a bingo game conducted for amusement purposes only	616
pursuant to section 2915.12 of the Revised Code.	617

No person shall receive any commission, wage, salary, reward,	618
tip, donation, gratuity, or other form of compensation, directly	619
or indirectly, for operating or assisting in the operation of any	620
game of chance.	621

(2) Any tag fishing tournament operated under a permit issued	622
under section 1533.92 of the Revised Code, as "tag fishing	623
tournament" is defined in section 1531.01 of the Revised Code;	624

(3) Bingo conducted by a charitable organization that holds a	625
license issued under section 2915.08 or 2915.083 of the Revised	626
Code;	627

(4) Instant bingo, if all of the following apply:

628

(a) The instant bingo is conducted by a charitable	629
organization that holds a license issued under section 2915.08 of	630
the Revised Code.	631

(b) The instant bingo is conducted at festivals of the	632
charitable organization that are conducted either for a period of	633
four consecutive days or less and not more than twice a year or	634
for a period of five consecutive days not more than once a year,	635
and are conducted on premises owned by the charitable organization	636
for a period of no less than one year immediately preceding the	637
conducting of the instant bingo, on premises leased from a	638
governmental unit, or on premises that are leased from a veteran's	639
or fraternal organization and that have been owned by the lessor	640
veteran's or fraternal organization for a period of no less than	641
one year immediately preceding the conducting of the instant	642
bingo.	643

(E) Division (D) of this section shall not be construed to	644
authorize the sale, lease, or other temporary or permanent	645
transfer of the right to conduct games of chance, as granted by	646
that division, by any charitable organization that is granted that	647
right.	648

(F) Whoever violates this section is guilty of gambling,.	649
Except as otherwise provided in this division, gambling is a	650
misdemeanor of the first degree. If the offender previously has	651
been convicted of any gambling offense, except as otherwise	652
provided in this division, gambling is a felony of the fifth	653
degree. If the offender previously has been convicted of any	654
gambling offense but the offender is a bartender who violated this	655
section while working at a premises for which the division of	656
liquor control has issued a permit under Chapter 4303. of the	657
Revised Code to a charitable organization, gambling is a	658
misdemeanor of the first degree.	659

Sec. 2915.03.  (A) No person, being the owner or lessee, or	660
having custody, control, or supervision of premises, shall:	661

(1) Use or occupy such premises for gambling in violation of	662
section 2915.02 of the Revised Code;	663

(2) Recklessly permit such premises to be used or occupied	664
for gambling in violation of section 2915.02 of the Revised Code.	665

(B) Whoever violates this section is guilty of operating a	666
gambling house,. Except as otherwise provided in this division,	667
operating a gambling house is a misdemeanor of the first degree.	668
If the offender previously has been convicted of a gambling	669
offense, except as otherwise provided in this division, operating	670
a gambling house is a felony of the fifth degree. If the offender	671
previously has been convicted of any gambling offense but the	672
offender is a bartender who violated this section while working at	673
a premises for which the division of liquor control has issued a	674
permit under Chapter 4303. of the Revised Code to a charitable	675
organization, operating a gambling house is a misdemeanor of the	676
first degree.	677

(C) Premises used or occupied in violation of this section	678
constitute a nuisance subject to abatement pursuant to sections	679
3767.01 to 3767.99 of the Revised Code.	680

Sec. 2915.07.  (A) No person, except a charitable	681
organization that has obtained a license pursuant to section	682
2915.08 of the Revised Code, shall conduct or advertise bingo.	683
This division does not apply to a raffle that a charitable	684
organization conducts or advertises.	685

(B) Whoever violates this section is guilty of conducting	686
illegal bingo,. Except as otherwise provided in this division,	687
conducting illegal bingo is a felony of the fourth degree. If the	688
offender is a veteran's organization, a fraternal organization, or	689
a sporting organization, or if the offender is a bartender who	690
violated this section while working at a premises for which the	691
division of liquor control has issued a permit under Chapter 4303.	692
of the Revised Code to a charitable organization, conducting	693
illegal bingo is a misdemeanor of the first degree.	694

Sec. 2915.08.  (A)(1) Annually before the first day of	695
January, a charitable organization, as defined in division (H) of	696
section 2915.01 of the Revised Code, that desires to conduct	697
bingo, instant bingo at a bingo session, or instant bingo other	698
than at a bingo session shall make out, upon a form to be	699
furnished by the attorney general for that purpose, an application	700
for a license to conduct bingo, instant bingo at a bingo session,	701
or instant bingo other than at a bingo session and deliver that	702
application to the attorney general together with a license fee as	703
follows:	704

(a) Except as otherwise provided in this division, for a	705
license for the conduct of bingo, two hundred dollars;	706

(b) For a license for the conduct of instant bingo at a bingo	707
session or instant bingo other than at a bingo session for a	708
charitable organization that previously has not been licensed	709
under this chapter to conduct instant bingo at a bingo session or	710
instant bingo other than at a bingo session, a license fee of five	711
hundred dollars, and for any other charitable organization, a	712
license fee that is based upon the gross profits received by the	713
charitable organization from the operation of instant bingo at a	714
bingo session or instant bingo other than at a bingo session,	715
during the one-year period ending on the thirty-first day of	716
October of the year immediately preceding the year for which the	717
license is sought, and that is one of the following:	718

(i) Five hundred dollars, if the total is fifty thousand	719
dollars or less;	720

(ii) One thousand two hundred fifty dollars plus one-fourth	721
per cent of the gross profit, if the total is more than fifty	722
thousand dollars but less than two hundred fifty thousand one	723
dollars;	724

(iii) Two thousand two hundred fifty dollars plus one-half	725
per cent of the gross profit, if the total is more than two	726
hundred fifty thousand dollars but less than five hundred thousand	727
one dollars;	728

(iv) Three thousand five hundred dollars plus one per cent of	729
the gross profit, if the total is more than five hundred thousand	730
dollars but less than one million one dollars;	731

(v) Five thousand dollars plus one per cent of the gross	732
profit, if the total is one million one dollars or more;	733

(c) A reduced license fee established by the attorney general	734
pursuant to division (G) of this section.	735

(d) For a license to conduct bingo for a charitable	736
organization that prior to the effective date of this amendment	737
July 1, 2003, has not been licensed under this chapter to conduct	738
bingo, instant bingo at a bingo session, or instant bingo other	739
than at a bingo session, a license fee established by rule by the	740
attorney general in accordance with division (H) of this section.	741

(2) The application shall be in the form prescribed by the	742
attorney general, shall be signed and sworn to by the applicant,	743
and shall contain all of the following:	744

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

745

(b) A statement that the applicant is a charitable	746
organization and that it has been in continuous existence as a	747
charitable organization in this state for two years immediately	748
preceding the making of the application or for five years in the	749
case of a fraternal organization or a nonprofit medical	750
organization;	751

(c) The location at which the organization will conduct	752
bingo, which location shall be within the county in which the	753
principal place of business of the applicant is located, the days	754
of the week and the times on each of those days when bingo will be	755
conducted, whether the organization owns, leases, or subleases the	756
premises, and a copy of the rental agreement if it leases or	757
subleases the premises;	758

(d) A statement of the applicant's previous history, record,	759
and association that is sufficient to establish that the applicant	760
is a charitable organization, and a copy of a determination letter	761
that is issued by the Internal Revenue Service and states that the	762
organization is tax exempt under subsection 501(a) and described	763
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	764
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	765

(e) A statement as to whether the applicant has ever had any	766
previous application refused, whether it previously has had a	767
license revoked or suspended, and the reason stated by the	768
attorney general for the refusal, revocation, or suspension;	769

(f) A statement of the charitable purposes for which the net	770
profit derived from bingo, other than instant bingo, will be used,	771
and a statement of how the net profit derived from instant bingo	772
will be distributed in accordance with section 2915.101 of the	773
Revised Code;	774

(g) A statement of the designated purpose for which the	775
charitable organization will use the net profit from the proceeds	776
of the sale of instant bingo that is to be maintained in a	777
separate account pursuant to section 2915.101 of the Revised Code;	778

(h) Other necessary and reasonable information that the	779
attorney general may require by rule adopted pursuant to section	780
111.15 of the Revised Code;	781

(h)(i) If the applicant is a charitable trust as defined in	782
section 109.23 of the Revised Code, a statement as to whether it	783
has registered with the attorney general pursuant to section	784
109.26 of the Revised Code or filed annual reports pursuant to	785
section 109.31 of the Revised Code, and, if it is not required to	786
do either, the exemption in section 109.26 or 109.31 of the	787
Revised Code that applies to it;	788

(i)(j) If the applicant is a charitable organization as	789
defined in section 1716.01 of the Revised Code, a statement as to	790
whether it has filed with the attorney general a registration	791
statement pursuant to section 1716.02 of the Revised Code and a	792
financial report pursuant to section 1716.04 of the Revised Code,	793
and, if it is not required to do both, the exemption in section	794
1716.03 of the Revised Code that applies to it;	795

(j)(k) In the case of an applicant seeking to qualify as a	796
youth athletic park organization, a statement issued by a board or	797
body vested with authority under Chapter 755. of the Revised Code	798
for the supervision and maintenance of recreation facilities in	799
the territory in which the organization is located, certifying	800
that the playing fields owned by the organization were used for at	801
least one hundred days during the year in which the statement is	802
issued, and were open for use to all residents of that territory,	803
regardless of race, color, creed, religion, sex, or national	804
origin, for athletic activities by youth athletic organizations	805
that do not discriminate on the basis of race, color, creed,	806
religion, sex, or national origin, and that the fields were not	807
used for any profit-making activity at any time during the year.	808
That type of board or body is authorized to issue the statement	809
upon request and shall issue the statement if it finds that the	810
applicant's playing fields were so used.	811

(3) The attorney general, within thirty days after receiving	812
a timely filed application from a charitable organization that has	813
been issued a license under this section that has not expired and	814
has not been revoked or suspended, shall send a temporary permit	815
to the applicant specifying the date on which the application was	816
filed with the attorney general and stating that, pursuant to	817
section 119.06 of the Revised Code, the applicant may continue to	818
conduct bingo until a new license is granted or, if the	819
application is rejected, until fifteen days after notice of the	820
rejection is mailed to the applicant. The temporary permit does	821
not affect the validity of the applicant's application and does	822
not grant any rights to the applicant except those rights	823
specifically granted in section 119.06 of the Revised Code. The	824
issuance of a temporary permit by the attorney general pursuant to	825
this division does not prohibit the attorney general from	826
rejecting the applicant's application because of acts that the	827
applicant committed, or actions that the applicant failed to take,	828
before or after the issuance of the temporary permit.	829

(4) Within thirty days after receiving an initial license	830
application from a charitable organization to conduct bingo,	831
instant bingo at a bingo session, or instant bingo other than at a	832
bingo session, the attorney general shall conduct a preliminary	833
review of the application and notify the applicant regarding any	834
deficiencies. Once an application is deemed complete, or beginning	835
on the thirtieth day after the application is filed, if the	836
attorney general failed to notify the applicant of any	837
deficiencies, the attorney general shall have an additional sixty	838
days to conduct an investigation and either grant or deny the	839
application based on findings established and communicated in	840
accordance with divisions (B) and (E) of this section. As an	841
option to granting or denying an initial license application, the	842
The attorney general mayshall grant a temporary license to an	843
applicant and request additional time to conduct the investigation	844
if the attorney general has cause to believe that additional time	845
is necessary to complete the investigation and has notified the	846
applicant in writing about the specific concerns raised during the	847
investigation.	848

(B)(1) The attorney general shall adopt rules to enforce	849
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	850
Code to ensure that bingo or instant bingo is conducted in	851
accordance with those sections and to maintain proper control over	852
the conduct of bingo or instant bingo. The rules, except rules	853
adopted pursuant to divisions (A)(2)(g)(h) and (G) of this	854
section, shall be adopted pursuant to Chapter 119. of the Revised	855
Code. The attorney general shall license charitable organizations	856
to conduct bingo, instant bingo at a bingo session, or instant	857
bingo other than at a bingo session in conformance with this	858
chapter and with the licensing provisions of Chapter 119. of the	859
Revised Code.	860

(2) The attorney general may refuse to grant a license to any	861
organization, or revoke or suspend the license of any	862
organization, that does any of the following or to which any of	863
the following applies:	864

(a) Fails or has failed at any time to meet any requirement	865
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	866
2915.11 of the Revised Code, or violates or has violated any	867
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	868
Code or any rule adopted by the attorney general pursuant to this	869
section;	870

(b) Makes or has made an incorrect or false statement that is	871
material to the granting of the license in an application filed	872
pursuant to division (A) of this section;	873

(c) Submits or has submitted any incorrect or false	874
information relating to an application if the information is	875
material to the granting of the license;	876

(d) Maintains or has maintained any incorrect or false	877
information that is material to the granting of the license in the	878
records required to be kept pursuant to divisions (A) and (C) of	879
section 2915.10 of the Revised Code, if applicable;	880

(e) The attorney general has good cause to believe that the	881
organization will not conduct bingo, instant bingo at a bingo	882
session, or instant bingo other than at a bingo session in	883
accordance with sections 2915.07 to 2915.13 of the Revised Code or	884
with any rule adopted by the attorney general pursuant to this	885
section.	886

(3) For the purposes of division (B) of this section, any	887
action of an officer, trustee, agent, representative, or bingo	888
game operator of an organization is an action of the organization.	889

(C) The attorney general may grant licenses to charitable	890
organizations that are branches, lodges, or chapters of national	891
charitable organizations.	892

(D) The attorney general shall send notice in writing to the	893
prosecuting attorney and sheriff of the county in which the	894
organization will conduct bingo, instant bingo at a bingo session,	895
or instant bingo other than at a bingo session, as stated in its	896
application for a license or amended license, and to any other law	897
enforcement agency in that county that so requests, of all of the	898
following:	899

(1) The issuance of the license;

900

(2) The issuance of the amended license;

901

(3) The rejection of an application for and refusal to grant	902
a license;	903

(4) The revocation of any license previously issued;

904

(5) The suspension of any license previously issued.

905

(E) A license issued by the attorney general shall set forth	906
the information contained on the application of the charitable	907
organization that the attorney general determines is relevant,	908
including, but not limited to, the location at which the	909
organization will conduct bingo, instant bingo at a bingo session,	910
or instant bingo other than at a bingo session and the days of the	911
week and the times on each of those days when bingo will be	912
conducted. If the attorney general refuses to grant or revokes or	913
suspends a license, the attorney general shall notify the	914
applicant in writing and specifically identify the reason for the	915
refusal, revocation, or suspension in narrative form and, if	916
applicable, by identifying the section of the Revised Code	917
violated. The failure of the attorney general to give the written	918
notice of the reasons for the refusal, revocation, or suspension	919
or a mistake in the written notice does not affect the validity of	920
the attorney general's refusal to grant, or the revocation or	921
suspension of, a license. If the attorney general fails to give	922
the written notice or if there is a mistake in the written notice,	923
the applicant may bring an action to compel the attorney general	924
to comply with this division or to correct the mistake, but the	925
attorney general's order refusing to grant, or revoking or	926
suspending, a license shall not be enjoined during the pendency of	927
the action.	928

(F) A charitable organization that has been issued a license	929
pursuant to division (B) of this section but that cannot conduct	930
bingo or instant bingo at the location, or on the day of the week	931
or at the time, specified on the license due to circumstances that	932
make it impractical to do so may apply in writing, together with	933
an application fee of two hundred fifty dollars, to the attorney	934
general, at least thirty days prior to a change in location, day	935
of the week, or time, and request an amended license. The	936
application shall describe the causes making it impractical for	937
the organization to conduct bingo or instant bingo in conformity	938
with its license and shall indicate the location, days of the	939
week, and times on each of those days when it desires to conduct	940
bingo or instant bingo. Except as otherwise provided in this	941
division, the attorney general shall issue the amended license in	942
accordance with division (E) of this section, and the organization	943
shall surrender its original license to the attorney general. The	944
attorney general may refuse to grant an amended license according	945
to the terms of division (B) of this section.	946

(G) The attorney general, by rule adopted pursuant to section	947
111.15 of the Revised Code, shall establish a schedule of reduced	948
license fees for charitable organizations that desire to conduct	949
bingo or instant bingo during fewer than twenty-six weeks in any	950
calendar year.	951

(H) The attorney general, by rule adopted pursuant to section	952
111.15 of the Revised Code, shall establish license fees for the	953
conduct of bingo, instant bingo at a bingo session, or instant	954
bingo other than at a bingo session for charitable organizations	955
that prior to the effective date of this amendmentJuly 1, 2003,	956
have not been licensed to conduct bingo, instant bingo at a bingo	957
session, or instant bingo other than at a bingo session under this	958
chapter.	959

(I) The attorney general may enter into a written contract	960
with any other state agency to delegate to that state agency the	961
powers prescribed to the attorney general under Chapter 2915. of	962
the Revised Code.	963

(J) The attorney general, by rule adopted pursuant to section	964
111.15 of the Revised Code, may adopt rules to determine the	965
requirements for a charitable organization that is exempt from	966
federal income taxation under subsection 501(a) and described in	967
subsection 501(c)(3) of the Internal Revenue Code to be in good	968
standing in the state.	969

Sec. 2915.081.  (A) No distributor shall sell, offer to sell,	970
or otherwise provide or offer to provide bingo supplies to another	971
person for use in this state without having obtained a license	972
from the attorney general under this section.	973

(B) The attorney general may issue a distributor license to	974
any person that meets the requirements of this section. The	975
application for the license shall be on a form prescribed by the	976
attorney general and be accompanied by the annual fee prescribed	977
by this section. The license is valid for a period of one year,	978
and the annual fee for the license is fiveone thousand five	979
hundred dollars.	980

(C) The attorney general may refuse to issue a distributor	981
license to any person to which any of the following applies, or to	982
any person that has an officer, partner, or other person who has	983
an ownership interest of ten per cent or more and to whom any of	984
the following applies:	985

(1) The person, officer, or partner has been convicted of a	986
felony under the laws of this state, another state, or the United	987
States.	988

(2) The person, officer, or partner has been convicted of any	989
gambling offense.	990

(3) The person, officer, or partner has made an incorrect or	991
false statement that is material to the granting of a license in	992
an application submitted to the attorney general under this	993
section or in a similar application submitted to a gambling	994
licensing authority in another jurisdiction if the statement	995
resulted in license revocation through administrative action in	996
the other jurisdiction.	997

(4) The person, officer, or partner has submitted any	998
incorrect or false information relating to the application to the	999
attorney general under this section, if the information is	1000
material to the granting of the license.	1001

(5) The person, officer, or partner has failed to correct any	1002
incorrect or false information that is material to the granting of	1003
the license in the records required to be maintained under	1004
division (E) of section 2915.10 of the Revised Code.	1005

(6) The person, officer, or partner has had a license related	1006
to gambling revoked or suspended under the laws of this state,	1007
another state, or the United States.	1008

(D) The attorney general shall not issue a distributor	1009
license to any person that is involved in the conduct of bingo on	1010
behalf of a charitable organization or that is a lessor of	1011
premises used for the conduct of bingo. This division does not	1012
prohibit a distributor from advising charitable organizations on	1013
the use and benefit of specific bingo supplies or prohibit a	1014
distributor from advising a customer on operational methods to	1015
improve bingo profitability.	1016

(E)(1) No distributor shall sell, offer to sell, or otherwise	1017
provide or offer to provide bingo supplies to any person for use	1018
in this state except to a charitable organization that has been	1019
issued a license under section 2915.08 of the Revised Code or to	1020
another distributor that has been issued a license under this	1021
section. No distributor shall accept payment for the sale or other	1022
provision of bingo supplies other than by check.	1023

(2) No distributor may donate, give, loan, lease, or	1024
otherwise provide any bingo supplies or equipment to a charitable	1025
organization for use in a bingo session conditioned on or in	1026
consideration for an exclusive right to provide bingo supplies to	1027
the charitable organization. A distributor may provide a licensed	1028
charitable organization with free samples of the distributor's	1029
products to be used as prizes or to be used for the purpose of	1030
sampling.	1031

(3) No distributor shall purchase bingo supplies for use in	1032
this state from any person except from a manufacturer issued a	1033
license under section 2915.082 of the Revised Code or from another	1034
distributor issued a license under this section. Subject to	1035
division (D) of section 2915.082 of the Revised Code, no	1036
distributor shall pay for purchased bingo supplies other than by	1037
check.	1038

(4) No distributor shall participate in the conduct of bingo	1039
on behalf of a charitable organization or have any direct or	1040
indirect ownership interest in a premises used for the conduct of	1041
bingo.	1042

(5) No distributor shall knowingly solicit, offer, pay, or	1043
receive any kickback, bribe, or undocumented rebate, directly or	1044
indirectly, overtly or covertly, in cash or in kind, in return for	1045
providing bingo supplies to any person in this state.	1046

(F) The attorney general may suspend or revoke a distributor	1047
license for any of the reasons for which the attorney general may	1048
refuse to issue a distributor license specified in division (C) of	1049
this section or if the distributor holding the license violates	1050
any provision of this chapter or any rule adopted by the attorney	1051
general under this chapter.	1052

(G) Whoever violates division (A) or (E) of this section is	1053
guilty of illegally operating as a distributor. Except as	1054
otherwise provided in this division, illegally operating as a	1055
distributor is a misdemeanor of the first degree. If the offender	1056
previously has been convicted of a violation of division (A) or	1057
(E) of this section, illegally operating as a distributor is a	1058
felony of the fifth degree.	1059

Sec. 2915.082.  (A) No manufacturer shall sell, offer to	1060
sell, or otherwise provide or offer to provide bingo supplies for	1061
use in this state without having obtained a license from the	1062
attorney general under this section.	1063

(B) The attorney general may issue a manufacturer license to	1064
any person that meets the requirements of this section. The	1065
application for the license shall be on a form prescribed by the	1066
attorney general and be accompanied by the annual fee prescribed	1067
by this section. The license is valid for a period of one year,	1068
and the annual fee for the license is fiveone thousand five	1069
hundred dollars.	1070

(C) The attorney general may refuse to issue a manufacturer	1071
license to any person to which any of the following applies, or to	1072
any person that has an officer, partner, or other person who has	1073
an ownership interest of ten per cent or more and to whom any of	1074
the following applies:	1075

(1) The person, officer, or partner has been convicted of a	1076
felony under the laws of this state, another state, or the United	1077
States.	1078

(2) The person, officer, or partner has been convicted of any	1079
gambling offense.	1080

(3) The person, officer, or partner has made an incorrect or	1081
false statement that is material to the granting of a license in	1082
an application submitted to the attorney general under this	1083
section or in a similar application submitted to a gambling	1084
licensing authority in another jurisdiction if the statement	1085
resulted in license revocation through administrative action in	1086
the other jurisdiction.	1087

(4) The person, officer, or partner has submitted any	1088
incorrect or false information relating to the application to the	1089
attorney general under this section, if the information is	1090
material to the granting of the license.	1091

(5) The person, officer, or partner has failed to correct any	1092
incorrect or false information that is material to the granting of	1093
the license in the records required to be maintained under	1094
division (F) of section 2915.10 of the Revised Code.	1095

(6) The person, officer, or partner has had a license related	1096
to gambling revoked or suspended under the laws of this state,	1097
another state, or the United States.	1098

(D)(1) No manufacturer shall sell, offer to sell, or	1099
otherwise provide or offer to provide bingo supplies to any person	1100
for use in this state except to a distributor that has been issued	1101
a license under section 2915.081 of the Revised Code. No	1102
manufacturer shall accept payment for the sale of bingo supplies	1103
other than by check.	1104

(2) No manufacturer shall knowingly solicit, offer, pay, or	1105
receive any kickback, bribe, or undocumented rebate, directly or	1106
indirectly, overtly or covertly, in cash or in kind, in return for	1107
providing bingo supplies to any person in this state.	1108

(E)(1) The attorney general may suspend or revoke a	1109
manufacturer license for any of the reasons for which the attorney	1110
general may refuse to issue a manufacturer license specified in	1111
division (C) of this section or if the manufacturer holding the	1112
license violates any provision of this chapter or any rule adopted	1113
by the attorney general under this chapter.	1114

(2) The attorney general may perform an onsite inspection of	1115
a manufacturer of bingo supplies that is selling, offering to	1116
sell, or otherwise providing or offering to provide bingo supplies	1117
or that is applying for a license to sell, offer to sell, or	1118
otherwise provide or offer to provide bingo supplies in this	1119
state.	1120

(F) Whoever violates division (A) or (D) of this section is	1121
guilty of illegally operating as a manufacturer. Except as	1122
otherwise provided in this division, illegally operating as a	1123
manufacturer is a misdemeanor of the first degree. If the offender	1124
previously has been convicted of a violation of division (A) or	1125
(D) of this section, illegally operating as a manufacturer is a	1126
felony of the fifth degree.	1127

Sec. 2915.083. (A) At least thirty business days before the	1128
event, a charitable organization that does not have a license to	1129
conduct bingo under section 2915.08 of the Revised Code and that	1130
desires to conduct bingo, instant bingo at a bingo session, or	1131
instant bingo other than at a bingo session at an event shall make	1132
out, upon a form to be furnished by the attorney general for that	1133
purpose, an application for a short-term license to conduct bingo,	1134
instant bingo at a bingo session, or instant bingo other than at	1135
a bingo session and deliver that application to the attorney	1136
general together with a license fee of two hundred fifty	1137
dollars. The short-term license shall be in effect for seventy-two	1138
hours from the time when the event begins. A charitable	1139
organization may apply for no more than two short-term licenses to	1140
conduct bingo, instant bingo at a bingo session, or instant bingo	1141
other than at a bingo session during a calendar year.	1142

(B)(1) The application shall be in the form prescribed by the	1143
attorney general, shall be signed and sworn to by the applicant,	1144
and shall contain the information described in divisions (B)(2)(a)	1145
to (f) of section 2915.08 of the Revised Code.	1146

(2) The charitable organization is not required to submit	1147
information on the application other than the information that is	1148
described in divisions (B)(2)(a) to (f) of section 2915.08 of the	1149
Revised Code.	1150

(C) Except as otherwise provided in division (D) of this	1151
section, the attorney general shall issue the short-term license	1152
to conduct bingo, instant bingo at a bingo session, or instant	1153
bingo other than at a bingo session to a charitable organization	1154
that timely submits an application under division (A) of this	1155
section within ten business days after receiving the application	1156
from the charitable organization.	1157

(D) The attorney general may refuse to grant a short-term	1158
license to conduct bingo, instant bingo at a bingo session, or	1159
instant bingo other than at a bingo session to any charitable	1160
organization, or revoke or suspend the short-term license of any	1161
charitable organization, that does any of the following or to	1162
which any of the following applies:	1163

(1) Fails or has failed at any time to meet any requirement	1164
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	1165
2915.11 of the Revised Code, or violates or has violated any	1166
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	1167
Code or any rule adopted by the attorney general pursuant to this	1168
section;	1169

(2) Makes or has made an incorrect or false statement that is	1170
material to the granting of the short-term license to conduct	1171
bingo, instant bingo at a bingo session, or instant bingo other	1172
than at a bingo session in an application filed pursuant to	1173
division (A) of this section;	1174

(3) Submits or has submitted any incorrect or false	1175
information relating to an application if the information is	1176
material to the granting of the short-term license to conduct	1177
bingo, instant bingo at a bingo session, or instant bingo other	1178
than at a bingo session;	1179

(4) The attorney general has good cause to believe that the	1180
organization will not conduct bingo, instant bingo at a bingo	1181
session, or instant bingo other than at a bingo session in	1182
accordance with sections 2915.07 to 2915.13 of the Revised Code.	1183

(E) A short-term license to conduct bingo, instant bingo at a	1184
bingo session, or instant bingo other than at a bingo session	1185
issued by the attorney general shall set forth the information	1186
contained on the application of the charitable organization that	1187
the attorney general determines is relevant, including, but not	1188
limited to, the location at which the organization will conduct	1189
bingo, instant bingo at a bingo session, or instant bingo other	1190
than at a bingo session, and the dates and times on each of those	1191
dates when bingo will be conducted. If the attorney general	1192
refuses to grant or revokes or suspends a short-term license to	1193
conduct bingo, instant bingo at a bingo session, or instant bingo	1194
other than at a bingo session, the attorney general shall notify	1195
the applicant in writing and specifically identify the reason for	1196
the refusal, revocation, or suspension in narrative form and, if	1197
applicable, by identifying the section of the Revised Code	1198
violated. The failure of the attorney general to give the written	1199
notice of the reasons for the refusal, revocation, or suspension	1200
or a mistake in the written notice does not affect the validity of	1201
the attorney general's refusal to grant, or the revocation or	1202
suspension of, a short-term license to conduct bingo, instant	1203
bingo at a bingo session, or instant bingo other than at a bingo	1204
session. If the attorney general fails to give the written notice	1205
or if there is a mistake in the written notice, the applicant may	1206
bring an action to compel the attorney general to comply with this	1207
division or to correct the mistake, but the attorney general's	1208
order refusing to grant, or revoking or suspending, a short-term	1209
license to conduct bingo, instant bingo at a bingo session, or	1210
instant bingo other than at a bingo session shall not be enjoined	1211
during the pendency of the action.	1212

Sec. 2915.09.  (A) No charitable organization that conducts	1213
bingo shall fail to do any of the following:	1214

(1) Own all of the equipment used to conduct bingo or lease	1215
that equipment from a charitable organization that is licensed to	1216
conduct bingo for a rental rate that is not more than is customary	1217
and reasonable for that equipment;	1218

(2) Except as otherwise provided in division (A)(3) of this	1219
section, use all of the gross receipts from bingo for paying	1220
prizes, for renting premises in which to conduct a bingo session,	1221
for purchasing or leasing bingo supplies used in conducting bingo,	1222
for hiring security personnel, for advertising bingo, or for other	1223
expenses listed in division (LL) of section 2915.01 of the Revised	1224
Code, provided that the amount of the receipts so spent is not	1225
more than is customary and reasonable for a similar purchase,	1226
lease, hiring, advertising, or expense. If the building in which	1227
bingo is conducted is owned by the charitable organization	1228
conducting bingo and the bingo conducted includes a form of bingo	1229
described in division (S)(1) of section 2915.01 of the Revised	1230
Code, the charitable organization may deduct from the total amount	1231
of the gross receipts from each session a sum equal to the lesser	1232
of six hundred dollars or forty-five per cent of the gross	1233
receipts from the bingo described in that division as	1234
consideration for the use of the premises.	1235

(3) Use, or give, donate, or otherwise transfer, all of the	1236
net profit derived from bingo, other than instant bingo, for a	1237
charitable purpose listed in its license application and described	1238
in division (Z) of section 2915.01 of the Revised Code, or	1239
distribute all of the net profit from the proceeds of the sale of	1240
instant bingo as stated in its license application and in	1241
accordance with section 2915.101 of the Revised Code.	1242

(B) No charitable organization that conducts a bingo game	1243
described in division (S)(1) of section 2915.01 of the Revised	1244
Code shall fail to do any of the following:	1245

(1) Conduct the bingo game on premises that are owned by the	1246
charitable organization, on premises that are owned by another	1247
charitable organization and leased from that charitable	1248
organization for a rental rate not in excess of the lesser of six	1249
hundred dollars per bingo session or forty-five per cent of the	1250
gross receipts of the bingo session, on premises that are leased	1251
from a person other than a charitable organization for a rental	1252
rate that is not more than is customary and reasonable for	1253
premises that are similar in location, size, and quality but not	1254
in excess of four hundred fifty dollars per bingo session, or on	1255
premises that are owned by a person other than a charitable	1256
organization, that are leased from that person by another	1257
charitable organization, and that are subleased from that other	1258
charitable organization by the charitable organization for a	1259
rental rate not in excess of four hundred fifty dollars per bingo	1260
session. If the charitable organization leases from a person other	1261
than a charitable organization the premises on which it conducts	1262
bingo sessions, the lessor of the premises shall provide only the	1263
premises to the organization and shall not provide the	1264
organization with bingo game operators, security personnel,	1265
concessions or concession operators, bingo supplies, or any other	1266
type of service or equipment. A charitable organization shall not	1267
lease or sublease premises that it owns or leases to more than one	1268
other charitable organization per calendar week for the purpose of	1269
conducting bingo sessions on the premises. A person that is not a	1270
charitable organization shall not lease premises that it owns,	1271
leases, or otherwise is empowered to lease to more than one	1272
charitable organization per calendar week for conducting bingo	1273
sessions on the premises. In no case shall more than two bingo	1274
sessions be conducted on any premises in any calendar week.	1275

(2) Display its license conspicuously at the premises where	1276
the bingo session is conducted;	1277

(3) Conduct the bingo session in accordance with the	1278
definition of bingo set forth in division (S)(1) of section	1279
2915.01 of the Revised Code.	1280

(C) No charitable organization that conducts a bingo game	1281
described in division (S)(1) of section 2915.01 of the Revised	1282
Code shall do any of the following:	1283

(1) Pay any compensation to a bingo game operator for	1284
operating a bingo session that is conducted by the charitable	1285
organization or for preparing, selling, or serving food or	1286
beverages at the site of the bingo session, permit any auxiliary	1287
unit or society of the charitable organization to pay compensation	1288
to any bingo game operator who prepares, sells, or serves food or	1289
beverages at a bingo session conducted by the charitable	1290
organization, or permit any auxiliary unit or society of the	1291
charitable organization to prepare, sell, or serve food or	1292
beverages at a bingo session conducted by the charitable	1293
organization, if the auxiliary unit or society pays any	1294
compensation to the bingo game operators who prepare, sell, or	1295
serve the food or beverages;	1296

(2) Pay consulting fees to any person for any services	1297
performed in relation to the bingo session;	1298

(3) Pay concession fees to any person who provides	1299
refreshments to the participants in the bingo session;	1300

(4) Except as otherwise provided in division (C)(4) of this	1301
section, conduct more than two bingo sessions in any seven-day	1302
period. A volunteer firefighter's organization or a volunteer	1303
rescue service organization that conducts not more than five bingo	1304
sessions in a calendar year may conduct more than two bingo	1305
sessions in a seven-day period after notifying the attorney	1306
general when it will conduct the sessions.	1307

(5) Pay out more than three thousand five hundred dollars in	1308
prizes for bingo games described in division (S)(1) of section	1309
2915.01 of the Revised Code during any bingo session that is	1310
conducted by the charitable organization. "Prizes" does not	1311
include awards from the conduct of instant bingo.	1312

(6) Conduct a bingo session at any time during the ten-hour	1313
period between midnight and ten a.m., at any time during, or	1314
within ten hours of, a bingo game conducted for amusement only	1315
pursuant to section 2915.12 of the Revised Code, at any premises	1316
not specified on its license, or on any day of the week or during	1317
any time period not specified on its license. If circumstances	1318
make it impractical for the charitable organization that is issued	1319
a license under section 2915.08 of the Revised Code to conduct a	1320
bingo session at the premises, or on the day of the week or at the	1321
time, specified on its license or if a charitable organization	1322
wants to conduct bingo sessions on a day of the week or at a time	1323
other than the day or time specified on its license, the	1324
charitable organization may apply in writing to the attorney	1325
general for an amended license pursuant to division (F) of section	1326
2915.08 of the Revised Code. A charitable organization may apply	1327
twice in each calendar year for an amended license to conduct	1328
bingo sessions on a day of the week or at a time other than the	1329
day or time specified on its license. If the amended license is	1330
granted, the organization may conduct bingo sessions at the	1331
premises, on the day of the week, and at the time specified on its	1332
amended license.	1333

(7) Permit any person whom the charitable organization knows,	1334
or should have known, is under the age of eighteen to work as a	1335
bingo game operator;	1336

(8) Permit any person whom the charitable organization knows,	1337
or should have known, has been convicted of a felony or gambling	1338
offense in any jurisdiction to be a bingo game operator;	1339

(9) Permit the lessor of the premises on which the bingo	1340
session is conducted, if the lessor is not a charitable	1341
organization, to provide the charitable organization with bingo	1342
game operators, security personnel, concessions, bingo supplies,	1343
or any other type of service or equipment;	1344

(10) Purchase or lease bingo supplies from any person except	1345
a distributor issued a license under section 2915.081 of the	1346
Revised Code;	1347

(11)(a) Use or permit the use of electronic bingo aids except	1348
under the following circumstances:	1349

(i) For any single participant, not more than ninety bingo	1350
faces can be played using an electronic bingo aid or aids.	1351

(ii) The charitable organization shall provide a participant	1352
using an electronic bingo aid with corresponding paper bingo cards	1353
or sheets.	1354

(iii) The total price of bingo faces played with an	1355
electronic bingo aid shall be equal to the total price of the same	1356
number of bingo faces played with a paper bingo card or sheet sold	1357
at the same bingo session but without an electronic bingo aid.	1358

(iv)(ii) An electronic bingo aid cannot be part of an	1359
electronic network other than a network that includes only bingo	1360
aids and devices that are located on the premises at which the	1361
bingo is being conducted or be interactive with any device not	1362
located on the premises at which the bingo is being conducted.	1363

(v)(iii) An electronic bingo aid cannot be used to	1364
participate in bingo that is conducted at a location other than	1365
the location at which the bingo session is conducted and at which	1366
the electronic bingo aid is used.	1367

(vi)(iv) An electronic bingo aid cannot be used to provide	1368
for the input of numbers and letters announced by a bingo caller	1369
other than the bingo caller who physically calls the numbers and	1370
letters at the location at which the bingo session is conducted	1371
and at which the electronic bingo aid is used.	1372

(b) The attorney general may adopt rules in accordance with	1373
Chapter 119. of the Revised Code that govern the use of electronic	1374
bingo aids. The rules may include a requirement that an electronic	1375
bingo aid be capable of being audited by the attorney general to	1376
verify the number of bingo cards or sheets played during each	1377
bingo session.	1378

(12) Permit any person the charitable organization knows, or	1379
should have known, to be under eighteen years of age to play bingo	1380
described in division (S)(1) of section 2915.01 of the Revised	1381
Code.	1382

(D)(1) Except as otherwise provided in division (D)(3) of	1383
this section, no charitable organization shall provide to a bingo	1384
game operator, and no bingo game operator shall receive or accept,	1385
any commission, wage, salary, reward, tip, donation, gratuity, or	1386
other form of compensation, directly or indirectly, regardless of	1387
the source, for conducting bingo or providing other work or labor	1388
at the site of bingo during a bingo session.	1389

(2) Except as otherwise provided in division (D)(3) of this	1390
section, no charitable organization shall provide to a bingo game	1391
operator any commission, wage, salary, reward, tip, donation,	1392
gratuity, or other form of compensation, directly or indirectly,	1393
regardless of the source, for conducting instant bingo other than	1394
at a bingo session at the site of instant bingo other than at a	1395
bingo session.	1396

(3) Nothing in division (D) of this section prohibits an	1397
employee of a fraternal organization, veteran's organization, or	1398
sporting organization from selling instant bingo tickets or cards	1399
to the organization's members or invited guests, as long as no	1400
portion of the employee's compensation is paid from any receipts	1401
of bingo.	1402

(E) Notwithstanding division (B)(1) of this section, a	1403
charitable organization that, prior to December 6, 1977, has	1404
entered into written agreements for the lease of premises it owns	1405
to another charitable organization or other charitable	1406
organizations for the conducting of bingo sessions so that more	1407
than two bingo sessions are conducted per calendar week on the	1408
premises, and a person that is not a charitable organization and	1409
that, prior to December 6, 1977, has entered into written	1410
agreements for the lease of premises it owns to charitable	1411
organizations for the conducting of more than two bingo sessions	1412
per calendar week on the premises, may continue to lease the	1413
premises to those charitable organizations, provided that no more	1414
than four sessions are conducted per calendar week, that the	1415
lessor organization or person has notified the attorney general in	1416
writing of the organizations that will conduct the sessions and	1417
the days of the week and the times of the day on which the	1418
sessions will be conducted, that the initial lease entered into	1419
with each organization that will conduct the sessions was filed	1420
with the attorney general prior to December 6, 1977, and that each	1421
organization that will conduct the sessions was issued a license	1422
to conduct bingo games by the attorney general prior to December	1423
6, 1977.	1424

(F) This section does not prohibit a bingo licensed	1425
charitable organization or a game operator from giving any person	1426
an instant bingo ticket as a prize.	1427

(G) Whoever violates division (A)(2) of this section is	1428
guilty of illegally conducting a bingo game, a felony of the	1429
fourth degree. Except as otherwise provided in this division,	1430
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	1431
(C)(1) to (12), or (D) of this section is guilty of a minor	1432
misdemeanor. If the offender previously has been convicted of a	1433
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	1434
to (11), or, (D) of this section, a violation of division (A)(1)	1435
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	1436
misdemeanor of the first degree. Whoever violates division (C)(12)	1437
of this section is guilty of a misdemeanor of the first degree, if	1438
the offender previously has been convicted of a violation of	1439
division (C)(12) of this section, a felony of the fourth degree.	1440

Sec. 2915.091.  (A) No charitable organization that conducts	1441
instant bingo shall do any of the following:	1442

(1) Fail to comply with the requirements of divisions (A)(1),	1443
(2), and (3) of section 2915.09 of the Revised Code;	1444

(2) Conduct instant bingo unless either of the following	1445
apply:	1446

(a) That organization is, and has received from the internal	1447
revenue service a determination letter that is currently in effect	1448
stating that the organization is, exempt from federal income	1449
taxation under subsection 501(a), is described in subsection	1450
501(c)(3) of the Internal Revenue Code, is a charitable	1451
organization as defined in section 2915.01 of the Revised Code, is	1452
in good standing in the state pursuant to section 2915.08 of the	1453
Revised Code, and is in compliance with Chapter 1716. of the	1454
Revised Code;	1455

(b) That organization is, and has received from the internal	1456
revenue service a determination letter that is currently in effect	1457
stating that the organization is, exempt from federal income	1458
taxation under subsection 501(a), is described in subsection	1459
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	1460
organization described in subsection 501(c)(4) of the Internal	1461
Revenue Code, and conducts instant bingo under section 2915.13 of	1462
the Revised Code.	1463

(3) Conduct instant bingo on any day, at any time, or at any	1464
premises not specified on the organization's license issued	1465
pursuant to section 2915.08 of the Revised Code;	1466

(4) Permit any person whom the organization knows or should	1467
have known has been convicted of a felony or gambling offense in	1468
any jurisdiction to be a bingo game operator in the conduct of	1469
instant bingo;	1470

(5) Purchase or lease supplies used to conduct instant bingo	1471
or punch board games from any person except a distributor licensed	1472
under section 2915.081 of the Revised Code;	1473

(6) SellOn or after January 1, 2004, sell or provide any	1474
instant bingo ticket or card for a price different from the price	1475
printed on it by the manufacturer on either the instant bingo	1476
ticket or card or on the game flare;	1477

(7) Sell an instant bingo ticket or card to a person under	1478
eighteen years of age;	1479

(8) Fail to keep unsold instant bingo tickets or cards for	1480
less than three years;	1481

(9) Pay any compensation to a bingo game operator for	1482
conducting instant bingo that is conducted by the organization or	1483
for preparing, selling, or serving food or beverages at the site	1484
of the instant bingo game, permit any auxiliary unit or society of	1485
the organization to pay compensation to any bingo game operator	1486
who prepares, sells, or serves food or beverages at an instant	1487
bingo game conducted by the organization, or permit any auxiliary	1488
unit or society of the organization to prepare, sell, or serve	1489
food or beverages at an instant bingo game conducted by the	1490
organization, if the auxiliary unit or society pays any	1491
compensation to the bingo game operators who prepare, sell, or	1492
serve the food or beverages;	1493

(10) Pay fees to any person for any services performed in	1494
relation to an instant bingo game;	1495

(11) Pay fees to any person who provides refreshments to the	1496
participants in an instant bingo game;	1497

(12)(a) Allow instant bingo tickets or cards to be sold to	1498
bingo game operators at a premises at which the organization sells	1499
instant bingo tickets or cards or to be sold to employees of a D	1500
permit holder who are working at a premises at which instant bingo	1501
tickets or cards are sold;	1502

(b) Division (A)(12)(a) of this section does not prohibit a	1503
licensed charitable organization or a bingo game operator from	1504
giving any person an instant bingo tickets as a prize.	1505

(13) Fail to display its bingo license, and the serial	1506
numbers of the deal of instant bingo tickets or cards to be sold,	1507
conspicuously at each premises at which it sells instant bingo	1508
tickets or cards;	1509

(14) Possess a deal of instant bingo tickets or cards that	1510
was not purchased from a distributor licensed under section	1511
2915.081 of the Revised Code as reflected on an invoice issued by	1512
the distributor that contains all of the information required by	1513
division (E) of section 2915.10 of the Revised Code;	1514

(15) Fail, once it opens a deal of instant bingo tickets or	1515
cards, to continue to sell the tickets or cards in that deal until	1516
the tickets or cards with the top two highest tiers of prizes in	1517
that deal are sold;	1518

(16) Purchase, lease, or use instant bingo ticket dispensers	1519
to sell instant bingo tickets or cards;	1520

(17) Possess bingo supplies that were not obtained in	1521
accordance with sections 2915.01 to 2915.13 of the Revised Code.	1522

(B) A charitable organization may conduct instant bingo other	1523
than at a bingo session at not more than five separate locations.	1524
A charitable organization that is exempt from federal taxation	1525
under subsection 501(a) and described in subsection 501(c)(3) of	1526
the Internal Revenue Code and that is created by a veteran's	1527
organization or a fraternal organization is not limited in the	1528
number of separate locations the charitable organization may	1529
conduct instant bingo other than at a bingo session.	1530

(C) The attorney general may adopt rules in accordance with	1531
Chapter 119. of the Revised Code that govern the conduct of	1532
instant bingo by charitable organizations. Before those rules are	1533
adopted, the attorney general shall reference the recommended	1534
standards for opacity, randomization, minimum information, winner	1535
protection, color, and cutting for instant bingo tickets or cards,	1536
seal cards, and punch boards established by the North American	1537
gaming regulators association.	1538

(D) Whoever violates division (A) of this section or a rule	1539
adopted under division (C) of this section is guilty of illegal	1540
instant bingo conduct. Except as otherwise provided in this	1541
division, illegal instant bingo conduct is a misdemeanor of the	1542
first degree. If the offender previously has been convicted of a	1543
violation of division (A) of this section or of such a rule,	1544
illegal instant bingo conduct is a felony of the fifth degree.	1545

Sec. 2915.092.  (A) A charitable organization, a public	1546
school, a chartered nonpublic school, a community school, or a	1547
sporting organization that is exempt from federal income taxation	1548
under subsection 501(a) and is described in subsection 501(c)(3),	1549
501(c)(4), or 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of	1550
the Internal Revenue Code may conduct a raffle to raise money for	1551
the organization or school and does not need a license to conduct	1552
bingo in order to conduct a raffle drawing that is not for profit.	1553

(B) Except as provided in division (A) of this section, no	1554
person shall conduct a raffle drawing that is for profit or a	1555
raffle drawing that is not for profit.	1556

(C) Whoever violates division (B) of this section is guilty	1557
of illegal conduct of a raffle. Except as otherwise provided in	1558
this division, illegal conduct of a raffle is a misdemeanor of the	1559
first degree. If the offender previously has been convicted of a	1560
violation of division (B) of this section, illegal conduct of a	1561
raffle is a felony of the fifth degree.	1562

Sec. 2915.10.  (A) No charitable organization that conducts	1563
bingo or a game of chance pursuant to division (D) of section	1564
2915.02 of the Revised Code shall fail to maintain the following	1565
records for at least three years from the date on which the bingo	1566
or game of chance is conducted:	1567

(1) An itemized list of the gross receipts of each bingo	1568
session, each game of instant bingo by serial number, each raffle,	1569
each punch board game, and each game of chance, and an itemized	1570
list of the gross profits of each game of instant bingo by serial	1571
number;	1572

(2) An itemized list of all expenses, other than prizes, that	1573
are incurred in conducting bingo or instant bingo, the name of	1574
each person to whom the expenses are paid, and a receipt for all	1575
of the expenses;	1576

(3) A list of all prizes awarded during each bingo session,	1577
each raffle, each punch board game, and each game of chance	1578
conducted by the charitable organization, the total prizes awarded	1579
from each game of instant bingo by serial number, and the name,	1580
address, and social security number of all persons who are winners	1581
of prizes of six hundred dollars or more in value;	1582

(4) An itemized list of the recipients of the net profit of	1583
the bingo or game of chance, including the name and address of	1584
each recipient to whom the money is distributed, and if the	1585
organization uses the net profit of bingo, or the money or assets	1586
received from a game of chance, for any charitable or other	1587
purpose set forth in division (Z) of section 2915.01, division (D)	1588
of section 2915.02, or section 2915.101 of the Revised Code, a	1589
list of each purpose and an itemized list of each expenditure for	1590
each purpose;	1591

(5) The number of persons who participate in any bingo	1592
session or game of chance that is conducted by the charitable	1593
organization;	1594

(6) A list of receipts from the sale of food and beverages by	1595
the charitable organization or one of its auxiliary units or	1596
societies, if the receipts were excluded from gross receipts under	1597
division (X) of section 2915.01 of the Revised Code;	1598

(7) An itemized list of all expenses incurred at each bingo	1599
session, each raffle, each punch board game, or each game of	1600
instant bingo conducted by the charitable organization in the sale	1601
of food and beverages by the charitable organization or by an	1602
auxiliary unit or society of the charitable organization, the name	1603
of each person to whom the expenses are paid, and a receipt for	1604
all of the expenses;	1605

(8) An itemized list of each deposit and withdrawal from any	1606
separate account in a financial institution that is maintained	1607
pursuant to section 2915.101 of the Revised Code for the net	1608
profit from the proceeds of the sale of instant bingo and an	1609
itemized list of the purpose for each withdrawal from that	1610
separate account.	1611

(B) A charitable organization shall keep the records that it	1612
is required to maintain pursuant to division (A) of this section	1613
at its principal place of business in this state or at its	1614
headquarters in this state and shall notify the attorney general	1615
of the location at which those records are kept.	1616

(C) The gross profit from each bingo session or game	1617
described in division (S)(1) or (2) of section 2915.01 of the	1618
Revised Code shall be deposited into a checking account devoted	1619
exclusively to the bingo session or game. Payments for allowable	1620
expenses incurred in conducting the bingo session or game and	1621
payments to recipients of some or all of the net profit of the	1622
bingo session or game shall be made only by checks drawn on the	1623
bingo session or game account.	1624

(D) Each charitable organization shall conduct and record an	1625
inventory of all of its bingo supplies as of the first day of	1626
November of each year.	1627

(E) The attorney general may adopt rules in accordance with	1628
Chapter 119. of the Revised Code that establish standards of	1629
accounting, record keeping, and reporting to ensure that gross	1630
receipts from bingo or games of chance are properly accounted for.	1631

(F) A distributor shall maintain, for a period of three years	1632
after the date of its sale or other provision, a record of each	1633
instance of its selling or otherwise providing to another person	1634
bingo supplies for use in this state. The record shall include all	1635
of the following for each instance:	1636

(1) The name of the manufacturer from which the distributor	1637
purchased the bingo supplies and the date of the purchase;	1638

(2) The name and address of the charitable organization or	1639
other distributor to which the bingo supplies were sold or	1640
otherwise provided;	1641

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

1642

(4) Invoices that include the nonrepeating serial numbers of	1643
all paper bingo cards and sheets and all instant bingo deals sold	1644
or otherwise provided to each charitable organization.	1645

(G) A manufacturer shall maintain, for a period of three	1646
years after the date of its sale or other provision, a record of	1647
each instance of its selling or otherwise providing bingo supplies	1648
for use in this state. The record shall include all of the	1649
following for each instance:	1650

(1) The name and address of the distributor to whom the bingo	1651
supplies were sold or otherwise provided;	1652

(2) A description that clearly identifies the bingo supplies,	1653
including serial numbers;	1654

(3) Invoices that include the nonrepeating serial numbers of	1655
all paper bingo cards and sheets and all instant bingo deals sold	1656
or otherwise provided to each distributor.	1657

(H) The attorney general or any law enforcement agency may do	1658
all of the following:	1659

(1) Investigate any charitable organization or any officer,	1660
agent, trustee, member, or employee of the organization;	1661

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

1662

(3) Conduct inspections, audits, and observations of bingo or	1663
games of chance;	1664

(4) Conduct inspections of the premises where bingo or games	1665
of chance are conducted;	1666

(5) Conduct an audit of any separate account in a financial	1667
institution that is maintained pursuant to section 2915.101 of the	1668
Revised Code for the net profit from the proceeds of the sale of	1669
instant bingo;	1670

(6) Take any other necessary and reasonable action to	1671
determine if a violation of any provision of sections 2915.01 to	1672
2915.13 of the Revised Code has occurred and to determine whether	1673
section 2915.11 of the Revised Code has been complied with.	1674

If any law enforcement agency has reasonable grounds to	1675
believe that a charitable organization or an officer, agent,	1676
trustee, member, or employee of the organization has violated any	1677
provision of this chapter, the law enforcement agency may proceed	1678
by action in the proper court to enforce this chapter, provided	1679
that the law enforcement agency shall give written notice to the	1680
attorney general when commencing an action as described in this	1681
division.	1682

(I) No person shall destroy, alter, conceal, withhold, or	1683
deny access to any accounts or records of a charitable	1684
organization that have been requested for examination, or	1685
obstruct, impede, or interfere with any inspection, audit, or	1686
observation of bingo or a game of chance or premises where bingo	1687
or a game of chance is conducted, or refuse to comply with any	1688
reasonable request of, or obstruct, impede, or interfere with any	1689
other reasonable action undertaken by, the attorney general or a	1690
law enforcement agency pursuant to division (H) of this section.	1691

(J) Whoever violates division (A) or (I) of this section is	1692
guilty of a misdemeanor of the first degree.	1693

Sec. 2915.101. (A) Except as otherwise provided by law, a	1694
charitable organization that conducts instant bingo shall	1695
distribute the net profit from the proceeds of the sale of instant	1696
bingo as follows:	1697

(A)(1) If a veteran's organization, a fraternal organization,	1698
or a sporting organization conducted the instant bingo, the	1699
organization shall distribute the net profit from the proceeds of	1700
the sale of instant bingo, as follows:	1701

(a) A minimum of fifty per cent shall be distributed to an	1702
organization described in division (Z)(1) of section 2915.01 of	1703
the Revised Code or to a department or agency of the federal	1704
government, the state, or any political subdivision;	1705

(b) Five per cent may be distributed for the organization's	1706
own charitable purposes.	1707

(c) Forty-five per cent may be deducted and retained by the	1708
organization for the organization's expenses in conducting the	1709
instant bingo game.	1710

(2) If a veteran's organization, a fraternal organization, or	1711
a sporting organization does not distribute the full percentages	1712
specified in divisions (A)(1)(b) and (c) of this section for the	1713
purposes specified in those divisions, the organization shall	1714
distribute the balance of the net profit from the proceeds of the	1715
sale of instant bingo not distributed or retained for those	1716
purposes to an organization described in division (Z)(1) of	1717
section 2915.01 of the Revised Code.	1718

(3) A veteran's organization, a fraternal organization, or a	1719
sporting organization shall pay the expenses that are directly for	1720
the conduct of instant bingo by check from the checking account	1721
devoted exclusively to the bingo session or game and may deduct	1722
and retain the remainder of the thirty-fiveforty-five per cent of	1723
the net profit from the proceeds of the sale of instant bingo that	1724
is for the organization's expenses in conducting the instant bingo	1725
game, and may transfer that remainder into the organization's	1726
general account.	1727

(B)(4) If a charitable organization other than a veteran's	1728
organization, a fraternal organization, or a sporting organization	1729
conducted the instant bingo, the organization shall distribute one	1730
hundred per cent of the net profit from the proceeds of the sale	1731
of instant bingo to an organization described in division (Z)(1)	1732
of section 2915.01 of the Revised Code or to a department or	1733
agency of the federal government, the state, or any political	1734
subdivision.	1735

(B)(1) A charitable organization that conducts instant bingo	1736
shall deposit the net profit from the proceeds of the sale of	1737
instant bingo into a separate account established at a financial	1738
institution, as defined in section 1115.07 of the Revised Code,	1739
prior to distributing that net profit as provided in division (A)	1740
of this section.	1741

(2) A charitable organization shall use the net profit from	1742
the proceeds of the sale of instant bingo as specified in the	1743
organization's instant bingo application.	1744

Sec. 2915.13. (A) A veteran's organization, a fraternal	1745
organization, or a sporting organization authorized to conduct a	1746
bingo session pursuant to sections 2915.01 to 2915.12 of the	1747
Revised Code may conduct instant bingo other than at a bingo	1748
session if all of the following apply:	1749

(1) The veteran's organization, fraternal organization, or	1750
sporting organization limits the sale of instant bingo to ten	1751
twelve consecutive hours perduring any day for up to six days per	1752
week.	1753

(2) The veteran's organization, fraternal organization, or	1754
sporting organization limits the sale of instant bingo to its own	1755
premises and to its own members and invited guests.	1756

(3) The veteran's organization, fraternal organization, or	1757
sporting organization is raising money for an organization that is	1758
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the	1759
Internal Revenue Code and is either a governmental unit or an	1760
organization that maintains its principal place of business in	1761
this state, that is exempt from federal income taxation under	1762
subsection 501(a) and described in subsection 501(c)(3) of the	1763
Internal Revenue Code, and that is in good standing in this state	1764
and executes a written contract with that organization as required	1765
in division (B) of this section.	1766

(B) If a veteran's organization, fraternal organization, or	1767
sporting organization authorized to conduct instant bingo pursuant	1768
to division (A) of this section is raising money for another	1769
organization that is described in subsection 509(a)(1), 509(a)(2),	1770
or 509(a)(3) of the Internal Revenue Code and is either a	1771
governmental unit or an organization that maintains its principal	1772
place of business in this state, that is exempt from federal	1773
income taxation under subsection 501(a) and described in	1774
subsection 501(c)(3) of the Internal Revenue Code, and that is in	1775
good standing in this state, the veteran's organization, fraternal	1776
organization, or sporting organization shall execute a written	1777
contract with the organization that is described in subsection	1778
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	1779
and is either a governmental unit or an organization that	1780
maintains its principal place of business in this state, that is	1781
exempt from federal income taxation under subsection 501(a) and	1782
described in subsection 501(c)(3) of the Internal Revenue Code,	1783
and that is in good standing in this state in order to conduct	1784
instant bingo. That contract shall include a statement of the	1785
percentage of the net proceeds that the veteran's, fraternal, or	1786
sporting organization will be distributing to the organization	1787
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	1788
of the Internal Revenue Code and is either a governmental unit or	1789
an organization that maintains its principal place of business in	1790
this state, that is exempt from federal income taxation under	1791
subsection 501(a) and described in subsection 501(c)(3) of the	1792
Internal Revenue Code, and that is in good standing in this state.	1793

(C)(1) If a veteran's organization, fraternal organization,	1794
or sporting organization authorized to conduct instant bingo	1795
pursuant to division (A) of this section has been issued a liquor	1796
permit under Chapter 4303. of the Revised Code, the veteran's	1797
organization, fraternal organization, or sporting organization may	1798
sell instant bingo in the area to which the license applies and	1799
that permit may be subject to suspension, revocation, or	1800
cancellation if the veteran's organization, fraternal	1801
organization, or sporting organization violates a provision of	1802
sections 2915.01 to 2915.13 of the Revised Code.	1803

(2) No veteran's organization, fraternal organization, or	1804
sporting organization that enters into a written contract pursuant	1805
to division (B) of this section shall violate any provision of	1806
Chapter 2915. of the Revised Code, or permit, aid, or abet any	1807
other person in violating any provision of Chapter 2915. of the	1808
Revised Code.	1809

(D) A veteran's organization, fraternal organization, or	1810
sporting organization shall give all required proceeds earned from	1811
the conduct of instant bingo to the organization with which the	1812
veteran's organization, fraternal organization, or sporting	1813
organization has entered into a written contractas specified in	1814
division (B) of this section.	1815

(E) Whoever violates this section is guilty of illegal	1816
instant bingo conduct. Except as otherwise provided in this	1817
division, illegal instant bingo conduct is a misdemeanor of the	1818
first degree. If the offender previously has been convicted of a	1819
violation of this section, illegal instant bingo conduct is a	1820
felony of the fifth degree.	1821

Section 2. That existing sections 2915.01, 2915.02, 2915.03,	1822
2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, 2915.092,	1823
2915.10, 2915.101, and 2915.13 of the Revised Code are hereby	1824
repealed.	1825

Section 3.  Section 2915.01 of the Revised Code is presented	1826
in this act as a composite of the section as amended by both Am.	1827
Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly.	1828
The General Assembly, applying the principle stated in division	1829
(B) of section 1.52 of the Revised Code that amendments are to be	1830
harmonized if reasonably capable of simultaneous operation, finds	1831
that the composite is the resulting version of the section in	1832
effect prior to the effective date of the section as presented in	1833
this act.	1834