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To amend sections 1711.09, 2915.01, 2915.02, 2915.03, | 1 |
2915.07, 2915.08, 2915.081, 2915.09, 2915.091, | 2 |
2915.092, 2915.095, 2915.10, 2915.101, and 2915.13 | 3 |
and to 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 |
Section 1. That sections 1711.09, 2915.01, 2915.02, 2915.03, | 9 |
2915.07, 2915.08, 2915.081, 2915.09, 2915.091, 2915.092, 2915.095, | 10 |
2915.10, 2915.101, and 2915.13 be amended and section 2915.083 of | 11 |
the Revised Code be enacted to read as follows: | 12 |
Sec. 1711.09. Except as otherwise provided in this section, | 13 |
county agricultural societies, independent agricultural societies, | 14 |
and the Ohio expositions commission shall not permit during any | 15 |
fair, or for one week before or three days after any fair, any | 16 |
dealing in spirituous liquors, or at any time allow or tolerate | 17 |
immoral shows, lottery devices, games of chance, or gambling of | 18 |
any kind, including pool selling and paddle wheels, anywhere on | 19 |
the fairground; and shall permit no person at any time to operate | 20 |
any side show, amusement, game, or device, or offer for sale any | 21 |
novelty by auction or solicitation, on the fairground who has not | 22 |
first obtained from the director of agriculture a license under | 23 |
section 1711.11 of the Revised Code. This section does not | 24 |
prohibit the sale of lottery tickets by the state lottery | 25 |
commission pursuant to Chapter 3770. of the Revised Code at the | 26 |
state fairground during the state fair. In addition, a county or | 27 |
independent agricultural society may permit, at any time except | 28 |
during a fair or for one week before or three days after a fair, a | 29 |
charitable organization to conduct in accordance with Chapter | 30 |
2915. of the Revised Code games of chance or bingo on the | 31 |
fairground of
| 32 |
33 | |
of the fairground from the agricultural society for that purpose. | 34 |
Any sales of intoxicating liquor transacted on the fairground | 35 |
shall be subject to Chapters 4301., 4303., and 4399. of the | 36 |
Revised Code. | 37 |
Any agricultural society that permits the sale of | 38 |
intoxicating liquor on its fairground shall apply any proceeds | 39 |
gained by the society from the permit holder and from activities | 40 |
coincident to the sale of intoxicating liquor first to pay the | 41 |
cost of insurance on all buildings on the fairground, and then for | 42 |
any other purpose authorized by law. | 43 |
Sec. 2915.01. As used in this chapter: | 44 |
(A) "Bookmaking" means the business of receiving or paying | 45 |
off bets. | 46 |
(B) "Bet" means the hazarding of anything of value upon the | 47 |
result of an event, undertaking, or contingency, but does not | 48 |
include a bona fide business risk. | 49 |
(C) "Scheme of chance" means a slot machine, lottery, numbers | 50 |
game, pool conducted for profit, or other scheme in which a | 51 |
participant gives a valuable consideration for a chance to win a | 52 |
prize, but does not include bingo, a skill-based amusement | 53 |
machine, or a pool not conducted for profit. | 54 |
(D) "Game of chance" means poker, craps, roulette, or other | 55 |
game in which a player gives anything of value in the hope of | 56 |
gain, the outcome of which is determined largely by chance, but | 57 |
does not include bingo. | 58 |
(E) "Game of chance conducted for profit" means any game of | 59 |
chance designed to produce income for the person who conducts or | 60 |
operates the game of chance, but does not include bingo. | 61 |
(F) "Gambling device" means any of the following: | 62 |
(1) A book, totalizer, or other equipment for recording bets; | 63 |
(2) A ticket, token, or other device representing a chance, | 64 |
share, or interest in a scheme of chance or evidencing a bet; | 65 |
(3) A deck of cards, dice, gaming table, roulette wheel, slot | 66 |
machine, or other apparatus designed for use in connection with a | 67 |
game of chance; | 68 |
(4) Any equipment, device, apparatus, or paraphernalia | 69 |
specially designed for gambling purposes; | 70 |
(5) Bingo supplies sold or otherwise provided, or used, in | 71 |
violation of this chapter. | 72 |
(G) "Gambling offense" means any of the following: | 73 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 74 |
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, | 75 |
2915.092, 2915.10, or 2915.11 of the Revised Code; | 76 |
(2) A violation of an existing or former municipal ordinance | 77 |
or law of this or any other state or the United States | 78 |
substantially equivalent to any section listed in division (G)(1) | 79 |
of this section or a violation of section 2915.06 of the Revised | 80 |
Code as it existed prior to July 1, 1996; | 81 |
(3) An offense under an existing or former municipal | 82 |
ordinance or law of this or any other state or the United States, | 83 |
of which gambling is an element; | 84 |
(4) A conspiracy or attempt to commit, or complicity in | 85 |
committing, any offense under division (G)(1), (2), or (3) of this | 86 |
section. | 87 |
(H)
| 88 |
"Charitable organization" means any tax exempt social club, any | 89 |
tax exempt community action agency, or any tax exempt religious, | 90 |
educational, veteran's, fraternal, sporting, service, nonprofit | 91 |
medical, volunteer rescue service, volunteer firefighter's, senior | 92 |
citizen's, historic railroad educational, youth athletic, amateur | 93 |
athletic, or youth athletic park organization. An organization is | 94 |
tax exempt if the organization is, and has received from the | 95 |
internal revenue service a determination letter that currently is | 96 |
in effect stating that the organization is, exempt from federal | 97 |
income taxation under subsection 501(a) and described in | 98 |
subsection 501(c)(3),
| 99 |
501(c)(19) of the Internal Revenue Code, if the organization is a | 100 |
veteran's organization or a fraternal organization and is, and has | 101 |
received from the internal revenue service a determination letter | 102 |
that currently is in effect stating that the organization is, | 103 |
exempt from federal income taxation under subsection 501(a) and | 104 |
described in subsection 501(c)(4) of the Internal Revenue Code, or | 105 |
if the organization is a social club or sporting organization that | 106 |
is, and has received from the internal revenue service a | 107 |
determination letter that currently is in effect stating that the | 108 |
club or organization is, exempt from federal income taxation under | 109 |
subsection 501(a) and is described in subsection 501(c)(7) of the | 110 |
Internal Revenue Code. To qualify as a charitable organization, an | 111 |
organization, except a volunteer rescue service organization, | 112 |
nonprofit medical organization, social club, or volunteer
| 113 |
114 | |
continuous existence as such in this state for a period of two | 115 |
years immediately preceding either the making of an application | 116 |
for a
| 117 |
Revised Code or the conducting of any game of chance as provided | 118 |
in division (D) of section 2915.02 of the Revised Code. A | 119 |
charitable organization that is exempt from federal income | 120 |
taxation under subsection 501(a) and described in subsection | 121 |
501(c)(3) of the Internal Revenue Code and that is created by a | 122 |
veteran's organization, a fraternal organization, or a sporting | 123 |
organization does not have to have been in continuous existence as | 124 |
such in this state for a period of two years immediately preceding | 125 |
either the making of an application for a
| 126 |
section 2915.08 or 2915.083 of the Revised Code or the conducting | 127 |
of any game of chance as provided in division (D) of section | 128 |
2915.02 of the Revised Code. | 129 |
(I) "Religious organization" means any church, body of | 130 |
communicants, or group that is not organized or operated for | 131 |
profit and that gathers in common membership for regular worship | 132 |
and religious observances. | 133 |
(J) "Educational organization" means any organization within | 134 |
this state that is not organized for profit, the primary purpose | 135 |
of which is to educate and develop the capabilities of individuals | 136 |
through instruction by means of operating or contributing to the | 137 |
support of a school, academy, college, or university. | 138 |
(K) "Veteran's organization" means any individual post or | 139 |
state headquarters of
a
national veteran's association, or | 140 |
auxiliary unit of any individual post of a national veteran's | 141 |
association, | 142 |
that has been in continuous existence in this state for at least | 143 |
two years | 144 |
preceding making an application for a license under section | 145 |
2915.08 or 2915.083 of the Revised Code and either has received a | 146 |
letter from the state headquarters of the national veteran's | 147 |
association indicating that the individual post or auxiliary unit | 148 |
is in good standing with the national veteran's association or has | 149 |
received a letter from the national veteran's association | 150 |
indicating that the state headquarters is in good standing with | 151 |
the national veteran's association. As used in this division, | 152 |
"national veteran's association" means any veteran's association | 153 |
that has been in continuous existence as such for a period of at | 154 |
least five years and either is incorporated by an act of the | 155 |
United States congress or has a national dues-paying membership of | 156 |
at least five thousand persons. | 157 |
(L) "Volunteer firefighter's organization" means any | 158 |
organization of volunteer firefighters, as defined in section | 159 |
146.01 of the Revised Code, that is organized and operated | 160 |
exclusively to provide financial support for a volunteer fire | 161 |
department or a volunteer fire company and that is recognized or | 162 |
ratified by a county, municipal corporation, or township. | 163 |
(M) "Fraternal organization" means any society, order, state | 164 |
headquarters, or association within this state, except a college | 165 |
or high school fraternity, that is not organized for profit, that | 166 |
is a branch, lodge, or chapter of a national or state | 167 |
organization, that exists exclusively for the common business or | 168 |
sodality of its members, and that has been in continuous existence | 169 |
in this state
for a
period of
| 170 |
(N) "Volunteer rescue service organization" means any | 171 |
organization of volunteers organized to function as an emergency | 172 |
medical service organization, as defined in section 4765.01 of the | 173 |
Revised Code. | 174 |
(O) "Service organization" means any organization, not | 175 |
organized for profit, that is organized and operated | 176 |
primarily to provide, or to contribute to the support of | 177 |
organizations or
institutions organized and operated | 178 |
primarily to provide, medical and therapeutic services for persons | 179 |
who are crippled, born with birth defects, or have any other | 180 |
mental or physical defect or those organized and operated | 181 |
exclusively to protect, or to contribute to the support of | 182 |
organizations or institutions organized and operated exclusively | 183 |
to protect, animals from inhumane treatment. | 184 |
(P) "Nonprofit medical organization" means any organization | 185 |
that has been incorporated as a nonprofit corporation for at least | 186 |
five years and that has continuously operated and will be operated | 187 |
188 | |
of organizations or institutions organized and operated | 189 |
190 | |
therapeutic services for the public. | 191 |
(Q) "Senior citizen's organization" means any private | 192 |
organization, not organized for profit, that is organized and | 193 |
operated exclusively to provide recreational or social services | 194 |
for persons who are fifty-five years of age or older and that is | 195 |
described and qualified under subsection 501(c)(3) of the Internal | 196 |
Revenue Code. | 197 |
(R) "Charitable bingo game" means any bingo game described in | 198 |
division (S)(1) or (2) of this section that is conducted by a | 199 |
charitable organization that has obtained a license pursuant to | 200 |
section 2915.08 or 2915.083 of the Revised Code and the proceeds | 201 |
of which are used for a charitable purpose. | 202 |
(S) "Bingo" means either of the following: | 203 |
(1) A game with all of the following characteristics: | 204 |
(a) The participants use bingo cards or sheets, including | 205 |
paper formats and electronic representation or image formats, that | 206 |
are divided into twenty-five spaces arranged in five horizontal | 207 |
and five vertical rows of spaces, with each space, except the | 208 |
central space, being designated by a combination of a letter and a | 209 |
number and with the central space being designated as a free | 210 |
space. | 211 |
(b) The participants cover the spaces on the bingo cards or | 212 |
sheets that correspond to combinations of letters and numbers that | 213 |
are announced by a bingo game operator. | 214 |
(c) A bingo game operator announces combinations of letters | 215 |
and numbers that appear on objects that a bingo game operator | 216 |
selects by chance, either manually or mechanically, from a | 217 |
receptacle that contains seventy-five objects at the beginning of | 218 |
each game, each object marked by a different combination of a | 219 |
letter and a number that corresponds to one of the seventy-five | 220 |
possible combinations of a letter and a number that can appear on | 221 |
the bingo cards or sheets. | 222 |
(d) The winner of the bingo game includes any participant who | 223 |
properly announces during the interval between the announcements | 224 |
of letters and numbers as described in division (S)(1)(c) of this | 225 |
section, that a predetermined and preannounced pattern of spaces | 226 |
has been covered on a bingo card or sheet being used by the | 227 |
participant. | 228 |
(2) Instant bingo, punch boards, and raffles. | 229 |
(T) "Conduct" means to back, promote, organize, manage, carry | 230 |
on, sponsor, or prepare for the operation of bingo or a game of | 231 |
chance. | 232 |
(U) "Bingo game operator" means any person, except security | 233 |
personnel, who performs work or labor at the site of bingo, | 234 |
including, but not limited to, collecting money from participants, | 235 |
handing out bingo cards or sheets or objects to cover spaces on | 236 |
bingo cards or sheets, selecting from a receptacle the objects | 237 |
that contain the combination of letters and numbers that appear on | 238 |
bingo cards or sheets, calling out the combinations of letters and | 239 |
numbers, distributing prizes, selling or redeeming instant bingo | 240 |
tickets or cards, supervising the operation of a punch board, | 241 |
selling raffle tickets, selecting raffle tickets from a receptacle | 242 |
and announcing the winning numbers in a raffle, and preparing, | 243 |
selling, and serving food or beverages. | 244 |
(V) "Participant" means any person who plays bingo. | 245 |
(W) "Bingo session" means a period that includes both of the | 246 |
following: | 247 |
(1) Not to exceed five continuous hours for the conduct of | 248 |
one or more games described in division (S)(1) of this section, | 249 |
instant bingo, and seal cards; | 250 |
(2) A period for the conduct of instant bingo and seal cards | 251 |
for not more than two hours before and not more than two hours | 252 |
after the period described in division (W)(1) of this section. | 253 |
(X) "Gross receipts" means all money or assets, including | 254 |
admission fees, that a person receives from bingo without the | 255 |
deduction of any amounts for prizes paid out or for the expenses | 256 |
of conducting bingo. "Gross receipts" does not include any money | 257 |
directly taken in from the sale of food or beverages by a | 258 |
charitable organization conducting bingo, or by a bona fide | 259 |
auxiliary unit or society of a charitable organization conducting | 260 |
bingo, provided all of the following apply: | 261 |
(1) The auxiliary unit or society has been in existence as a | 262 |
bona fide auxiliary unit or society of the charitable organization | 263 |
for at least two years prior to conducting bingo. | 264 |
(2) The person who purchases the food or beverage receives | 265 |
nothing of value except the food or beverage and items customarily | 266 |
received with the purchase of that food or beverage. | 267 |
(3) The food and beverages are sold at customary and | 268 |
reasonable prices. | 269 |
(Y) "Security personnel" includes any person who either is a | 270 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 271 |
constable, or member of an organized police department of a | 272 |
municipal corporation or has successfully completed a peace | 273 |
officer's training course pursuant to sections 109.71 to 109.79 of | 274 |
the Revised Code and who is hired to provide security for the | 275 |
premises on which bingo is conducted. | 276 |
(Z) "Charitable purpose" means that the net profit of bingo, | 277 |
other than instant bingo, is used by, or is given, donated, or | 278 |
otherwise transferred to, any of the following: | 279 |
(1) Any organization that is described in subsection | 280 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 281 |
and is either a governmental unit or an organization that is tax | 282 |
exempt under subsection 501(a) and described in subsection | 283 |
501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or | 284 |
501(c)(19) of the Internal Revenue Code; | 285 |
(2) A veteran's organization that is a post, chapter, or | 286 |
organization of veterans, or an auxiliary unit or society of, or a | 287 |
trust or foundation for, any such post, chapter, or organization | 288 |
organized in the United States or any of its possessions, at least | 289 |
seventy-five per cent of the members of which are veterans and | 290 |
substantially all of the other members of which are individuals | 291 |
who are spouses, widows, or widowers of veterans, or such | 292 |
individuals, provided that no part of the net earnings of such | 293 |
post, chapter, or organization inures to the benefit of any | 294 |
private shareholder or individual, and further provided that the | 295 |
net profit is used by the post, chapter, or organization for the | 296 |
charitable purposes set forth in division (B)(12) of section | 297 |
5739.02 of the Revised Code, is used for awarding scholarships to | 298 |
or for attendance at an institution mentioned in division (B)(12) | 299 |
of section 5739.02 of the Revised Code, is donated to a | 300 |
governmental agency, or is used for nonprofit youth activities, | 301 |
the purchase of United States or Ohio flags that are donated to | 302 |
schools, youth groups, or other bona fide nonprofit organizations, | 303 |
promotion of patriotism, or disaster relief; | 304 |
(3) A fraternal organization that has been in continuous | 305 |
existence in this state for fifteen years and that uses the net | 306 |
profit exclusively for religious, charitable, scientific, | 307 |
literary, or educational purposes, or for the prevention of | 308 |
cruelty to children or animals, if contributions for such use | 309 |
would qualify as a deductible charitable contribution under | 310 |
subsection 170 of the Internal Revenue Code; | 311 |
(4) A volunteer firefighter's organization that uses the net | 312 |
profit for the purposes set forth in division (L) of this section. | 313 |
(AA) "Internal Revenue Code" means the "Internal Revenue Code | 314 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 315 |
amended. | 316 |
(BB) "Youth athletic organization" means any organization, | 317 |
not organized for profit, that is organized and operated | 318 |
exclusively to provide financial support to, or to operate, | 319 |
athletic activities for persons who are twenty-one years of age or | 320 |
younger by means of sponsoring, organizing, operating, or | 321 |
contributing to the support of an athletic team, club, league, or | 322 |
association. | 323 |
(CC) "Youth athletic park organization" means any | 324 |
organization, not organized for profit, that satisfies both of the | 325 |
following: | 326 |
(1) It owns, operates, and maintains playing fields that | 327 |
satisfy both of the following: | 328 |
(a) The playing fields are used at least one hundred days per | 329 |
year for athletic activities by one or more organizations, not | 330 |
organized for profit, each of which is organized and operated | 331 |
exclusively to provide financial support to, or to operate, | 332 |
athletic activities for persons who are eighteen years of age or | 333 |
younger by means of sponsoring, organizing, operating, or | 334 |
contributing to the support of an athletic team, club, league, or | 335 |
association. | 336 |
(b) The playing fields are not used for any profit-making | 337 |
activity at any time during the year. | 338 |
(2) It uses the proceeds of bingo it conducts exclusively for | 339 |
the operation, maintenance, and improvement of its playing fields | 340 |
of the type described in division (CC)(1) of this section. | 341 |
(DD) "Amateur athletic organization" means any organization, | 342 |
not organized for profit, that is organized and operated | 343 |
exclusively to provide financial support to, or to operate, | 344 |
athletic activities for persons who are training for amateur | 345 |
athletic competition that is sanctioned by a national governing | 346 |
body as defined in the "Amateur Sports Act of 1978," 90 Stat. | 347 |
3045, 36 U.S.C.A. 373. | 348 |
(EE) "Bingo supplies" means bingo cards or sheets; instant | 349 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 350 |
punch boards; seal cards; instant bingo ticket dispensers; and | 351 |
devices for selecting or displaying the combination of bingo | 352 |
letters and numbers or raffle tickets. Items that are "bingo | 353 |
supplies" are not gambling devices if sold or otherwise provided, | 354 |
and used, in accordance with this chapter. For purposes of this | 355 |
chapter, "bingo supplies" are not to be considered equipment used | 356 |
to conduct a bingo game. | 357 |
(FF) "Instant bingo" means a form of bingo that uses folded | 358 |
or banded tickets or paper cards with perforated break-open tabs, | 359 |
a face of which is covered or otherwise hidden from view to | 360 |
conceal a number, letter, or symbol, or set of numbers, letters, | 361 |
or symbols, some of which have been designated in advance as prize | 362 |
winners. "Instant bingo" includes seal cards. "Instant bingo" does | 363 |
not include any device that is activated by the insertion of a | 364 |
coin, currency, token, or an equivalent, and that contains as one | 365 |
of its components a video display monitor that is capable of | 366 |
displaying numbers, letters, symbols, or characters in winning or | 367 |
losing combinations. | 368 |
(GG) "Seal card" means a form of instant bingo that uses | 369 |
instant bingo tickets in conjunction with a board or placard that | 370 |
contains one or more seals that, when removed or opened, reveal | 371 |
predesignated winning numbers, letters, or symbols. | 372 |
(HH) "Raffle" means a form of bingo in which the one or more | 373 |
prizes are won by one or more persons who have purchased a raffle | 374 |
ticket. The one or more winners of the raffle are determined by | 375 |
drawing a ticket stub or other detachable section from a | 376 |
receptacle containing ticket stubs or detachable sections | 377 |
corresponding to all tickets sold for the raffle. | 378 |
(II) "Punch board" means a board containing a number of holes | 379 |
or receptacles of uniform size in which are placed, mechanically | 380 |
and randomly, serially numbered slips of paper that may be punched | 381 |
or drawn from the hole or receptacle when used in conjunction with | 382 |
instant bingo. A player may punch or draw the numbered slips of | 383 |
paper from the holes or receptacles and obtain the prize | 384 |
established for the game if the number drawn corresponds to a | 385 |
winning number or, if the punch board includes the use of a seal | 386 |
card, a potential winning number. | 387 |
(JJ) "Gross profit" means gross receipts minus the amount | 388 |
actually expended for the payment of prize awards. | 389 |
(KK) "Net profit" means gross profit minus expenses. | 390 |
(LL) "Expenses" means the reasonable amount of gross profit | 391 |
actually expended for all of the following: | 392 |
(1) The purchase or lease of bingo supplies; | 393 |
(2) The annual license fee required under section 2915.08 of | 394 |
the Revised Code; | 395 |
(3) Bank fees and service charges for a bingo session or game | 396 |
account described in section 2915.10 of the Revised Code; | 397 |
(4) Audits and accounting services; | 398 |
(5) Safes; | 399 |
(6) Cash registers; | 400 |
(7) Hiring security personnel; | 401 |
(8) Advertising bingo; | 402 |
(9) Renting premises in which to conduct a bingo session; | 403 |
(10) Tables and chairs; | 404 |
(11) Expenses for maintaining and operating a charitable | 405 |
organization's facilities, including, but not limited to, a post | 406 |
home, club house, lounge, tavern, or canteen and any grounds | 407 |
attached to the post home, club house, lounge, tavern, or canteen, | 408 |
and any other expenses for these facilities; | 409 |
(12) Any other product or service directly related to the | 410 |
conduct of bingo that is authorized in rules adopted by the | 411 |
attorney general under division (B)(1) of section 2915.08 of the | 412 |
Revised Code. | 413 |
(MM) "Person" has the same meaning as in section 1.59 of the | 414 |
Revised Code and includes any firm or any other legal entity, | 415 |
however organized. | 416 |
(NN) "Revoke" means to void permanently all rights and | 417 |
privileges of the holder of a license issued under section | 418 |
2915.08, 2915.081, | 419 |
a charitable gaming license issued by another jurisdiction. | 420 |
(OO) "Suspend" means to interrupt temporarily all rights and | 421 |
privileges of the holder of a license issued under section | 422 |
2915.08, 2915.081, | 423 |
a charitable gaming license issued by another jurisdiction. | 424 |
(PP) "Distributor" means any person who purchases or obtains | 425 |
bingo
supplies and who | 426 |
(1) Sells, offers for sale, or otherwise provides or offers | 427 |
to provide the bingo supplies to another person for use in this | 428 |
state; | 429 |
(2) Modifies, converts, adds to, or removes parts from the | 430 |
bingo supplies to further their promotion or sale for use in this | 431 |
state. | 432 |
(QQ) "Manufacturer" means any person who assembles completed | 433 |
bingo supplies from raw materials, other items, or subparts or who | 434 |
modifies, converts, adds to, or removes parts from bingo supplies | 435 |
to further their promotion or sale. | 436 |
(RR) "Gross annual revenues" means the annual gross receipts | 437 |
derived from the conduct of bingo described in division (S)(1) of | 438 |
this section plus the annual net profit derived from the conduct | 439 |
of bingo described in division (S)(2) of this section. | 440 |
(SS) "Instant bingo ticket dispenser" means a mechanical | 441 |
device that dispenses an instant bingo ticket or card as the sole | 442 |
item of value dispensed and that has the following | 443 |
characteristics: | 444 |
(1) It is activated upon the insertion of United States | 445 |
currency. | 446 |
(2) It performs no gaming functions. | 447 |
(3) It does not contain a video display monitor or generate | 448 |
noise. | 449 |
(4) It is not capable of displaying any numbers, letters, | 450 |
symbols, or characters in winning or losing combinations. | 451 |
(5) It does not simulate or display rolling or spinning | 452 |
reels. | 453 |
(6) It is incapable of determining whether a dispensed bingo | 454 |
ticket or card is a winning or nonwinning ticket or card and | 455 |
requires a winning ticket or card to be paid by a bingo game | 456 |
operator. | 457 |
(7) It may provide accounting and security features to aid in | 458 |
accounting for the instant bingo tickets or cards it dispenses. | 459 |
(8) It is not part of an electronic network and is not | 460 |
interactive. | 461 |
(TT)(1) "Electronic bingo aid" means an electronic device | 462 |
used by a participant to monitor bingo cards or sheets purchased | 463 |
at the time and place of a bingo session and that does all of the | 464 |
following: | 465 |
(a) It provides a means for a participant to input numbers | 466 |
and letters announced by a bingo caller. | 467 |
(b) It compares the numbers and letters entered by the | 468 |
participant to the bingo faces previously stored in the memory of | 469 |
the device. | 470 |
(c) It identifies a winning bingo pattern. | 471 |
(2) "Electronic bingo aid" does not include any device into | 472 |
which a coin, currency, token, or an equivalent is inserted to | 473 |
activate play. | 474 |
(UU) "Deal of instant bingo tickets" means a single game of | 475 |
instant bingo tickets all with the same serial number. | 476 |
(VV)(1) "Slot | 477 |
(a) Any mechanical, electronic, video, or digital device that | 478 |
is capable of accepting anything of value, directly or indirectly, | 479 |
from or on behalf of a player who gives the thing of value in the | 480 |
hope of gain, the outcome of which is determined largely or wholly | 481 |
by chance; | 482 |
(b) Any mechanical, electronic, video, or digital device that | 483 |
is capable of accepting anything of value, directly or indirectly, | 484 |
from or on behalf of a player to conduct or dispense bingo or a | 485 |
scheme or game of chance. | 486 |
(2) "Slot machine" does not include a skill-based amusement | 487 |
machine. | 488 |
(WW) "Net profit from the proceeds of the sale of instant | 489 |
bingo" means gross profit minus the ordinary, necessary, and | 490 |
reasonable expense expended for the purchase of instant bingo | 491 |
supplies and minus expenses as defined in division (LL) of this | 492 |
section. | 493 |
(XX) "Charitable instant bingo organization" means an | 494 |
organization that is exempt from federal income taxation under | 495 |
subsection 501(a) and described in subsection 501(c)(3), | 496 |
501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the | 497 |
Internal Revenue Code and is a charitable organization as defined | 498 |
in division (H) of this section. | 499 |
500 | |
501 | |
502 | |
503 | |
504 | |
505 | |
506 | |
507 |
(YY) "Game flare" means the board or placard that accompanies | 508 |
each deal of instant bingo tickets and that has printed on or | 509 |
affixed to it the following information for the game: | 510 |
(1) The name of the game; | 511 |
(2) The manufacturer's name or distinctive logo; | 512 |
(3) The form number; | 513 |
(4) The ticket count; | 514 |
(5) The prize structure, including the number of winning | 515 |
instant bingo tickets by denomination and the respective winning | 516 |
symbol or number combinations for the winning instant bingo | 517 |
tickets; | 518 |
(6) The cost per play; | 519 |
(7) The serial number of the game. | 520 |
(ZZ) "Historic railroad educational organization" means an | 521 |
organization that is exempt from federal income taxation under | 522 |
subsection 501(a) and described in subsection 501(c)(3) of the | 523 |
Internal Revenue Code, that owns in fee simple the tracks and the | 524 |
right of way of a historic railroad that the organization restores | 525 |
or maintains and on which the organization provides excursions as | 526 |
part of a program to promote tourism and educate visitors | 527 |
regarding the role of railroad transportation in Ohio history, and | 528 |
that received as donations from a charitable organization that | 529 |
holds a license to conduct bingo under this chapter an amount | 530 |
equal to at least fifty per cent of that licensed charitable | 531 |
organization's net proceeds from the conduct of bingo during each | 532 |
of the five years preceding June 30, 2003. "Historic railroad" | 533 |
means all or a portion of the tracks and right-of-way of a | 534 |
railroad that was owned and operated by a for profit common | 535 |
carrier in this state at any time prior to January 1, 1950. | 536 |
(AAA)(1) "Skill-based amusement machine" means a skill-based | 537 |
amusement device, such as a mechanical, electronic, video, or | 538 |
digital device, or machine, whether or not the skill-based | 539 |
amusement machine requires payment for use through a coin or bill | 540 |
validator or other payment of consideration or value to | 541 |
participate in the machine's offering or to activate the machine, | 542 |
provided that all of the following apply: | 543 |
(a) The machine involves a task, game, play, contest, | 544 |
competition, or tournament in which the player actively | 545 |
participates in the task, game, play, contest, competition, or | 546 |
tournament. | 547 |
(b) The outcome of an individual's play and participation is | 548 |
not determined largely or wholly by chance. | 549 |
(c) The outcome of play during a game is not controlled by a | 550 |
person not actively participating in the game. | 551 |
(2) All of the following apply to any machine that is | 552 |
operated as described in division (AAA)(1) of this section: | 553 |
(a) As used in this section, "task," "game," and "play" mean | 554 |
one event from the initial activation of the machine until the | 555 |
results of play are determined without payment of additional | 556 |
consideration. An individual utilizing a machine that involves a | 557 |
single task, game, play, contest, competition, or tournament may | 558 |
be awarded prizes based on the results of play. | 559 |
(b) Advance play for a single task, game, play, contest, | 560 |
competition, or tournament participation may be purchased. The | 561 |
cost of the contest, competition, or tournament participation may | 562 |
be greater than a single non-contest, competition, or tournament | 563 |
play. | 564 |
(c) To the extent that the machine is used in a contest, | 565 |
competition, or tournament, that contest, competition, or | 566 |
tournament has a defined starting and ending date and is open to | 567 |
participants in competition for scoring and ranking results toward | 568 |
the awarding of prizes that are stated prior to the start of the | 569 |
contest, competition, or tournament. | 570 |
(BBB) "Pool not conducted for profit" means a scheme in which | 571 |
a participant gives a valuable consideration for a chance to win a | 572 |
prize and the total amount of consideration wagered is distributed | 573 |
to a participant or participants. | 574 |
(CCC) "Sporting organization" means a hunting, fishing, or | 575 |
trapping organization, other than a college or high school | 576 |
fraternity or sorority, that is not organized for profit, that is | 577 |
affiliated with a state or national sporting organization, | 578 |
including but not limited to, the Ohio League of sportsmen, and | 579 |
that has been in continuous existence in this state for a period | 580 |
of | 581 |
(DDD) "Social club" means an organization that is not | 582 |
organized for profit, that is organized and operated exclusively | 583 |
to provide recreational, patriotic, historical, cultural, or | 584 |
ancestral activities for its members, and that has been in | 585 |
continuous existence in this state for a period of ten years. | 586 |
(EEE) "Community action agency" has the same meaning as in | 587 |
section 122.66 of the Revised Code. | 588 |
Sec. 2915.02. (A) No person shall do any of the following: | 589 |
(1) Engage in bookmaking, or knowingly engage in conduct that | 590 |
facilitates bookmaking; | 591 |
(2) Establish, promote, or operate or knowingly engage in | 592 |
conduct that facilitates any game of chance conducted for profit | 593 |
or any scheme of chance; | 594 |
(3) Knowingly procure, transmit, exchange, or engage in | 595 |
conduct that facilitates the procurement, transmission, or | 596 |
exchange of information for use in establishing odds or | 597 |
determining winners in connection with bookmaking or with any game | 598 |
of chance conducted for profit or any scheme of chance; | 599 |
(4) Engage in betting or in playing any scheme or game of | 600 |
chance as a substantial source of income or livelihood; | 601 |
(5) With purpose to violate division (A)(1), (2), (3), or (4) | 602 |
of this section, acquire, possess, control, or operate any | 603 |
gambling device. | 604 |
(B) For purposes of division (A)(1) of this section, a person | 605 |
facilitates bookmaking if the person in any way knowingly aids an | 606 |
illegal bookmaking operation, including, without limitation, | 607 |
placing a bet with a person engaged in or facilitating illegal | 608 |
bookmaking. For purposes of division (A)(2) of this section, a | 609 |
person facilitates a game of chance conducted for profit or a | 610 |
scheme of chance if the person in any way knowingly aids in the | 611 |
conduct or operation of any such game or scheme, including, | 612 |
without limitation, playing any such game or scheme. | 613 |
(C) This section does not prohibit conduct in connection with | 614 |
gambling expressly permitted by law. | 615 |
(D) This section does not apply to any of the following: | 616 |
(1) Games of chance, if all of the following apply: | 617 |
(a) The games of chance are not craps for money or roulette | 618 |
for money. | 619 |
(b) The games of chance are conducted by a charitable | 620 |
organization | 621 |
622 | |
623 | |
624 | |
625 |
(c) The games of chance are conducted at festivals of the | 626 |
charitable organization that are conducted either for a period of | 627 |
four consecutive days or less and not more than twice a year or | 628 |
for a period of five consecutive days not more than once a year, | 629 |
and are conducted on premises owned by the charitable organization | 630 |
for a period of no less than one year immediately preceding the | 631 |
conducting of the games of chance, on premises leased from a | 632 |
governmental unit, or on premises that are leased from a veteran's | 633 |
or fraternal organization and that have been owned by the lessor | 634 |
veteran's or fraternal organization for a period of no less than | 635 |
one year immediately preceding the conducting of the games of | 636 |
chance. | 637 |
A charitable organization shall not lease premises from a | 638 |
veteran's or fraternal organization to conduct a festival | 639 |
described in division (D)(1)(c) of this section if the veteran's | 640 |
or
fraternal
organization already has leased the
premises
| 641 |
twelve times during the immediately preceding | 642 |
to charitable organizations for that purpose. If a charitable | 643 |
organization leases premises from a veteran's or fraternal | 644 |
organization to conduct a festival described in division (D)(1)(c) | 645 |
of this section, the charitable organization shall not pay a | 646 |
rental rate for the premises per day of the festival that exceeds | 647 |
the rental rate per bingo session that a charitable organization | 648 |
may pay under division (B)(1) of section 2915.09 of the Revised | 649 |
Code when it leases premises from another charitable organization | 650 |
to conduct bingo games. | 651 |
(d) All of the money or assets received from the games of | 652 |
chance after deduction only of prizes paid out during the conduct | 653 |
of the games of chance are used by, or given, donated, or | 654 |
otherwise transferred to, any organization that is described in | 655 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 656 |
Revenue Code and is either a governmental unit or an organization | 657 |
that is tax exempt under subsection 501(a) and described in | 658 |
subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), | 659 |
or 501(c)(19) of the Internal Revenue Code; | 660 |
(e) The games of chance are not conducted during, or within | 661 |
ten hours of, a bingo game conducted for amusement purposes only | 662 |
pursuant to section 2915.12 of the Revised Code. | 663 |
No person shall receive any commission, wage, salary, reward, | 664 |
tip, donation, gratuity, or other form of compensation, directly | 665 |
or indirectly, for operating or assisting in the operation of any | 666 |
game of chance. | 667 |
(2) Any tag fishing tournament operated under a permit issued | 668 |
under section 1533.92 of the Revised Code, as "tag fishing | 669 |
tournament" is defined in section 1531.01 of the Revised Code; | 670 |
(3) Bingo conducted by a charitable organization that holds a | 671 |
license issued under section 2915.08 or 2915.083 of the Revised | 672 |
Code. | 673 |
(E) Division (D) of this section shall not be construed to | 674 |
authorize the sale, lease, or other temporary or permanent | 675 |
transfer of the right to conduct games of chance, as granted by | 676 |
that division, by any charitable organization that is granted that | 677 |
right. | 678 |
(F) Whoever violates this section is guilty of gambling | 679 |
Except as otherwise provided in this division, gambling is a | 680 |
misdemeanor of the first degree. If the offender previously has | 681 |
been convicted of any gambling offense, except as otherwise | 682 |
provided in this division, gambling is a felony of the fifth | 683 |
degree. If the offender previously has been convicted of any | 684 |
gambling offense but the offender is a bartender who violated this | 685 |
section while working at a premises for which the division of | 686 |
liquor control has issued a permit under Chapter 4303. of the | 687 |
Revised Code to a charitable organization, gambling is a | 688 |
misdemeanor of the first degree. | 689 |
Sec. 2915.03. (A) No person, being the owner or lessee, or | 690 |
having custody, control, or supervision of premises, shall: | 691 |
(1) Use or occupy such premises for gambling in violation of | 692 |
section 2915.02 of the Revised Code; | 693 |
(2) Recklessly permit such premises to be used or occupied | 694 |
for gambling in violation of section 2915.02 of the Revised Code. | 695 |
(B) Whoever violates this section is guilty of operating a | 696 |
gambling house | 697 |
operating a gambling house is a misdemeanor of the first degree. | 698 |
If the offender previously has been convicted of a gambling | 699 |
offense, except as otherwise provided in this division, operating | 700 |
a gambling house is a felony of the fifth degree. If the offender | 701 |
previously has been convicted of any gambling offense but the | 702 |
offender is a bartender who violated this section while working at | 703 |
a premises for which the division of liquor control has issued a | 704 |
permit under Chapter 4303. of the Revised Code to a charitable | 705 |
organization, operating a gambling house is a misdemeanor of the | 706 |
first degree. | 707 |
(C) Premises used or occupied in violation of this section | 708 |
constitute a nuisance subject to abatement pursuant to sections | 709 |
3767.01 to 3767.99 of the Revised Code. | 710 |
Sec. 2915.07. (A) No person, except a charitable | 711 |
organization that has
obtained a
license | 712 |
2915.08 or 2915.083 of the Revised Code, shall conduct or | 713 |
advertise bingo. This division does not apply to a raffle that a | 714 |
charitable organization conducts or advertises. | 715 |
(B) Whoever violates this section is guilty of conducting | 716 |
illegal
bingo | 717 |
conducting illegal bingo is a misdemeanor of the first degree. | 718 |
Except as otherwise provided in this division, if the offender | 719 |
previously has been convicted of a violation of this section, | 720 |
conducting illegal bingo is a felony of the fourth degree. If the | 721 |
offender is a social club, a veteran's organization, a fraternal | 722 |
organization, or a sporting organization, or if the offender is a | 723 |
bartender who violated this section while working at a premises | 724 |
for which the division of liquor control has issued a permit under | 725 |
Chapter 4303. of the Revised Code to a charitable organization, | 726 |
conducting illegal bingo is a misdemeanor of the first degree. | 727 |
Sec. 2915.08. (A)(1) Annually before the first day of | 728 |
January, a charitable organization that desires to conduct bingo, | 729 |
instant bingo at a bingo session, or instant bingo other than at a | 730 |
bingo session shall make out, upon a form to be furnished by the | 731 |
attorney general for that purpose, an application for a license to | 732 |
conduct bingo, instant bingo at a bingo session, or instant bingo | 733 |
other than at a bingo session and deliver that application to the | 734 |
attorney general together with a license fee as follows: | 735 |
(a) Except as otherwise provided in this division, for a | 736 |
license for the conduct of bingo, two hundred dollars; | 737 |
(b) For a license for the conduct of instant bingo at a bingo | 738 |
session or instant bingo other than at a bingo session for a | 739 |
charitable organization that previously has not been licensed | 740 |
under this chapter to conduct instant bingo at a bingo session or | 741 |
instant bingo other than at a bingo session, a license fee of five | 742 |
hundred dollars, and for any other charitable organization, a | 743 |
license fee that is based upon the gross profits received by the | 744 |
charitable organization from the operation of instant bingo at a | 745 |
bingo session or instant bingo other than at a bingo session, | 746 |
during the one-year period ending on the thirty-first day of | 747 |
October of the year immediately preceding the year for which the | 748 |
license is sought, and that is one of the following: | 749 |
(i) Five hundred dollars, if the total is fifty thousand | 750 |
dollars or less; | 751 |
(ii) One thousand two hundred fifty dollars plus one-fourth | 752 |
per cent of the gross profit, if the total is more than fifty | 753 |
thousand dollars but less than two hundred fifty thousand one | 754 |
dollars; | 755 |
(iii) Two thousand two hundred fifty dollars plus one-half | 756 |
per cent of the gross profit, if the total is more than two | 757 |
hundred fifty thousand dollars but less than five hundred thousand | 758 |
one dollars; | 759 |
(iv) Three thousand five hundred dollars plus one per cent of | 760 |
the gross profit, if the total is more than five hundred thousand | 761 |
dollars but less than one million one dollars; | 762 |
(v) Five thousand dollars plus one per cent of the gross | 763 |
profit, if the total is one million one dollars or more; | 764 |
(c) A reduced license fee established by the attorney general | 765 |
pursuant to division (G) of this section. | 766 |
(d) For a license to conduct bingo for a charitable | 767 |
organization that prior to | 768 |
July 1, 2003, has not been licensed under this chapter to conduct | 769 |
bingo, instant bingo at a bingo session, or instant bingo other | 770 |
than at a bingo session, a license fee established by rule by the | 771 |
attorney general in accordance with division (H) of this section. | 772 |
(2) The application shall be in the form prescribed by the | 773 |
attorney general, shall be signed and sworn to by the applicant, | 774 |
and shall contain all of the following: | 775 |
(a) The name and post-office address of the applicant; | 776 |
(b) A statement that the applicant is a charitable | 777 |
organization and that, except for an applicant that is a volunteer | 778 |
rescue service organization or a volunteer firefighter's | 779 |
organization, it has been in continuous existence as a charitable | 780 |
organization in this state for two years immediately preceding the | 781 |
making of the application,
or for five
years in the
case of | 782 |
783 | |
ten years in the case of a social club; | 784 |
(c) The location at which the organization will conduct | 785 |
bingo, which location shall be within the county in which the | 786 |
principal place of business of the applicant is located, the days | 787 |
of the week and the times on each of those days when bingo will be | 788 |
conducted, whether the organization owns, leases, or subleases the | 789 |
premises, and a copy of the rental agreement if it leases or | 790 |
subleases the premises; | 791 |
(d) A statement of the applicant's previous history, record, | 792 |
and association that is sufficient to establish that the applicant | 793 |
is a charitable organization, and a copy of a determination letter | 794 |
that is issued by the Internal Revenue Service and states that the | 795 |
organization is tax exempt under subsection 501(a) and described | 796 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 797 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 798 |
(e) A statement as to whether the applicant has ever had any | 799 |
previous application refused, whether it previously has had a | 800 |
license revoked or suspended, and the reason stated by the | 801 |
attorney general for the refusal, revocation, or suspension; | 802 |
(f) A statement of the charitable purposes for which the net | 803 |
profit derived from bingo, other than instant bingo, will be used, | 804 |
and a statement of how the net profit derived from instant bingo | 805 |
will be distributed in accordance with section 2915.101 of the | 806 |
Revised Code; | 807 |
(g) A statement of the designated purpose for which the | 808 |
charitable organization will use the net profit from the proceeds | 809 |
of the sale of instant bingo that is to be maintained in a | 810 |
separate account pursuant to section 2915.101 of the Revised Code; | 811 |
(h) Other necessary and reasonable information that the | 812 |
attorney general may require by rule adopted pursuant to section | 813 |
111.15 of the Revised Code; | 814 |
| 815 |
section 109.23 of the Revised Code, a statement as to whether it | 816 |
has registered with the attorney general pursuant to section | 817 |
109.26 of the Revised Code or filed annual reports pursuant to | 818 |
section 109.31 of the Revised Code, and, if it is not required to | 819 |
do either, the exemption in section 109.26 or 109.31 of the | 820 |
Revised Code that applies to it; | 821 |
| 822 |
defined in section 1716.01 of the Revised Code, a statement as to | 823 |
whether it has filed with the attorney general a registration | 824 |
statement pursuant to section 1716.02 of the Revised Code and a | 825 |
financial report pursuant to section 1716.04 of the Revised Code, | 826 |
and, if it is not required to do both, the exemption in section | 827 |
1716.03 of the Revised Code that applies to it; | 828 |
| 829 |
youth athletic park organization, a statement issued by a board or | 830 |
body vested with authority under Chapter 755. of the Revised Code | 831 |
for the supervision and maintenance of recreation facilities in | 832 |
the territory in which the organization is located, certifying | 833 |
that the playing fields owned by the organization were used for at | 834 |
least one hundred days during the year in which the statement is | 835 |
issued, and were open for use to all residents of that territory, | 836 |
regardless of race, color, creed, religion, sex, or national | 837 |
origin, for athletic activities by youth athletic organizations | 838 |
that do not discriminate on the basis of race, color, creed, | 839 |
religion, sex, or national origin, and that the fields were not | 840 |
used for any profit-making activity at any time during the year. | 841 |
That type of board or body is authorized to issue the statement | 842 |
upon request and shall issue the statement if it finds that the | 843 |
applicant's playing fields were so used. | 844 |
(3) The attorney general, within thirty days after receiving | 845 |
a timely filed application from a charitable organization that has | 846 |
been issued a license under this section that has not expired and | 847 |
has not been revoked or suspended, shall send a temporary permit | 848 |
to the applicant specifying the date on which the application was | 849 |
filed with the attorney general and stating that, pursuant to | 850 |
section 119.06 of the Revised Code, the applicant may continue to | 851 |
conduct bingo until a new license is granted or, if the | 852 |
application is rejected, until fifteen days after notice of the | 853 |
rejection is mailed to the applicant. The temporary permit does | 854 |
not affect the validity of the applicant's application and does | 855 |
not grant any rights to the applicant except those rights | 856 |
specifically granted in section 119.06 of the Revised Code. The | 857 |
issuance of a temporary permit by the attorney general pursuant to | 858 |
this division does not prohibit the attorney general from | 859 |
rejecting the applicant's application because of acts that the | 860 |
applicant committed, or actions that the applicant failed to take, | 861 |
before or after the issuance of the temporary permit. If the | 862 |
applicant was or is issued a license under this section on or | 863 |
after July 1, 2003, the applicant shall be rebuttably presumed to | 864 |
qualify for the issuance of a new license under this section. | 865 |
(4) Within thirty days after receiving an initial license | 866 |
application from a charitable organization to conduct bingo, | 867 |
instant bingo at a bingo session, or instant bingo other than at a | 868 |
bingo session, the attorney general shall conduct a preliminary | 869 |
review of the application and notify the applicant regarding any | 870 |
deficiencies. Once an application is deemed complete, or beginning | 871 |
on the thirtieth day after the application is filed, if the | 872 |
attorney general failed to notify the applicant of any | 873 |
deficiencies, the attorney general shall have an additional sixty | 874 |
days to conduct an investigation and either grant or deny the | 875 |
application based on findings established and communicated in | 876 |
accordance with divisions (B) and (E) of this section. | 877 |
878 | |
The attorney general may grant a temporary license to an applicant | 879 |
and request additional time to conduct the investigation if the | 880 |
attorney general has cause to believe that additional time is | 881 |
necessary to complete the investigation and has notified the | 882 |
applicant in writing about the specific concerns raised during the | 883 |
investigation. | 884 |
(B)(1) The attorney general shall adopt rules to enforce | 885 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 886 |
Code to ensure that bingo or instant bingo is conducted in | 887 |
accordance with those sections and to maintain proper control over | 888 |
the conduct of bingo or instant bingo. The rules, except rules | 889 |
adopted pursuant
to
divisions
(A)(2) | 890 |
section, shall be adopted pursuant to Chapter 119. of the Revised | 891 |
Code. The attorney general shall license charitable organizations | 892 |
to conduct bingo, instant bingo at a bingo session, or instant | 893 |
bingo other than at a bingo session in conformance with this | 894 |
chapter and with the licensing provisions of Chapter 119. of the | 895 |
Revised Code. | 896 |
(2) The attorney general may refuse to grant a license to any | 897 |
organization, or revoke or suspend the license of any | 898 |
organization, that does any of the following or to which any of | 899 |
the following applies: | 900 |
(a) Fails or has failed at any time to meet any requirement | 901 |
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 902 |
2915.11 of the Revised Code, or violates or has violated any | 903 |
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised | 904 |
Code or any rule adopted by the attorney general pursuant to this | 905 |
section; | 906 |
(b) Makes or has made an incorrect or false statement that is | 907 |
material to the granting of the license in an application filed | 908 |
pursuant to division (A) of this section; | 909 |
(c) Submits or has submitted any incorrect or false | 910 |
information relating to an application if the information is | 911 |
material to the granting of the license; | 912 |
(d) Maintains or has maintained any incorrect or false | 913 |
information that is material to the granting of the license in the | 914 |
records required to be kept pursuant to divisions (A) and (C) of | 915 |
section 2915.10 of the Revised Code, if applicable; | 916 |
(e) The attorney general has good cause to believe that the | 917 |
organization will not conduct bingo, instant bingo at a bingo | 918 |
session, or instant bingo other than at a bingo session in | 919 |
accordance with sections 2915.07 to 2915.13 of the Revised Code or | 920 |
with any rule adopted by the attorney general pursuant to this | 921 |
section. | 922 |
(3) For the purposes of division (B) of this section, any | 923 |
action of an officer, trustee, agent, representative, or bingo | 924 |
game operator of an organization is an action of the organization. | 925 |
(C) The attorney general may grant licenses to charitable | 926 |
organizations that are branches, lodges, or chapters of national | 927 |
charitable organizations. | 928 |
(D) The attorney general shall send notice in writing to the | 929 |
prosecuting attorney and sheriff of the county in which the | 930 |
organization will conduct bingo, instant bingo at a bingo session, | 931 |
or instant bingo other than at a bingo session, as stated in its | 932 |
application for a license or amended license, and to any other law | 933 |
enforcement agency in that county that so requests, of all of the | 934 |
following: | 935 |
(1) The issuance of the license; | 936 |
(2) The issuance of the amended license; | 937 |
(3) The rejection of an application for and refusal to grant | 938 |
a license; | 939 |
(4) The revocation of any license previously issued; | 940 |
(5) The suspension of any license previously issued. | 941 |
(E) A license issued by the attorney general shall set forth | 942 |
the information contained on the application of the charitable | 943 |
organization that the attorney general determines is relevant, | 944 |
including, but not limited to, the location at which the | 945 |
organization will conduct bingo, instant bingo at a bingo session, | 946 |
or instant bingo other than at a bingo session and the days of the | 947 |
week and the times on each of those days when bingo will be | 948 |
conducted. If the attorney general refuses to grant or revokes or | 949 |
suspends a license, the attorney general shall notify the | 950 |
applicant in writing and specifically identify the reason for the | 951 |
refusal, revocation, or suspension in narrative form and, if | 952 |
applicable, by identifying the section of the Revised Code | 953 |
violated. The failure of the attorney general to give the written | 954 |
notice of the reasons for the refusal, revocation, or suspension | 955 |
or a mistake in the written notice does not affect the validity of | 956 |
the attorney general's refusal to grant, or the revocation or | 957 |
suspension of, a license. If the attorney general fails to give | 958 |
the written notice or if there is a mistake in the written notice, | 959 |
the applicant may bring an action to compel the attorney general | 960 |
to comply with this division or to correct the mistake, but the | 961 |
attorney general's order refusing to grant, or revoking or | 962 |
suspending, a license shall not be enjoined during the pendency of | 963 |
the action. | 964 |
(F) A charitable organization that has been issued a license | 965 |
pursuant to division (B) of this section but that cannot conduct | 966 |
bingo or instant bingo at the location, or on the day of the week | 967 |
or at the time, specified on the license due to circumstances that | 968 |
make it impractical to do so may apply in writing, together with | 969 |
an application fee of two hundred fifty dollars, to the attorney | 970 |
general, at least thirty days prior to a change in location, day | 971 |
of the week, or time, and request an amended license. The | 972 |
application shall describe the causes making it impractical for | 973 |
the organization to conduct bingo or instant bingo in conformity | 974 |
with its license and shall indicate the location, days of the | 975 |
week, and times on each of those days when it desires to conduct | 976 |
bingo or instant bingo. Except as otherwise provided in this | 977 |
division, the attorney general shall issue the amended license in | 978 |
accordance with division (E) of this section, and the organization | 979 |
shall surrender its original license to the attorney general. The | 980 |
attorney general may refuse to grant an amended license according | 981 |
to the terms of division (B) of this section. | 982 |
(G) The attorney general, by rule adopted pursuant to section | 983 |
111.15 of the Revised Code, shall establish a schedule of reduced | 984 |
license fees for charitable organizations that desire to conduct | 985 |
bingo or instant bingo during fewer than twenty-six weeks in any | 986 |
calendar year. | 987 |
(H) The attorney general, by rule adopted pursuant to section | 988 |
111.15 of the Revised Code, shall establish license fees for the | 989 |
conduct of bingo, instant bingo at a bingo session, or instant | 990 |
bingo other than at a bingo session for charitable organizations | 991 |
that prior to | 992 |
have not been licensed to conduct bingo, instant bingo at a bingo | 993 |
session, or instant bingo other than at a bingo session under this | 994 |
chapter. | 995 |
(I) The attorney general may enter into a written contract | 996 |
with any other state agency to delegate to that state agency | 997 |
any administrative or ministerial
powers | 998 |
granted to or imposed upon the attorney general under | 999 |
1000 | |
authorize the attorney general to delegate any rule-making power | 1001 |
granted to the attorney general under this chapter. | 1002 |
(J) The attorney general, by rule adopted pursuant to section | 1003 |
111.15 of the Revised Code, may adopt rules to determine the | 1004 |
requirements for a charitable organization that is exempt from | 1005 |
federal income taxation under subsection 501(a) and described in | 1006 |
subsection 501(c)(3) of the Internal Revenue Code to be in good | 1007 |
standing in the state. | 1008 |
Sec. 2915.081. (A) No distributor shall sell, offer to sell, | 1009 |
or otherwise provide or offer to provide bingo supplies to another | 1010 |
person, or modify, convert, add to, or remove parts from bingo | 1011 |
supplies to further their promotion or sale, for use in this state | 1012 |
without having obtained a license from the attorney general under | 1013 |
this section. | 1014 |
(B) The attorney general may issue a distributor license to | 1015 |
any person that meets the requirements of this section. The | 1016 |
application for the license shall be on a form prescribed by the | 1017 |
attorney general and be accompanied by the annual fee prescribed | 1018 |
by this section. The license is valid for a period of one year, | 1019 |
and the annual fee for the license is five thousand dollars. | 1020 |
(C) The attorney general may refuse to issue a distributor | 1021 |
license to any person to which any of the following applies, or to | 1022 |
any person that has an officer, partner, or other person who has | 1023 |
an ownership interest of ten per cent or more and to whom any of | 1024 |
the following applies: | 1025 |
(1) The person, officer, or partner has been convicted of a | 1026 |
felony under the laws of this state, another state, or the United | 1027 |
States. | 1028 |
(2) The person, officer, or partner has been convicted of any | 1029 |
gambling offense. | 1030 |
(3) The person, officer, or partner has made an incorrect or | 1031 |
false statement that is material to the granting of a license in | 1032 |
an application submitted to the attorney general under this | 1033 |
section or in a similar application submitted to a gambling | 1034 |
licensing authority in another jurisdiction if the statement | 1035 |
resulted in license revocation through administrative action in | 1036 |
the other jurisdiction. | 1037 |
(4) The person, officer, or partner has submitted any | 1038 |
incorrect or false information relating to the application to the | 1039 |
attorney general under this section, if the information is | 1040 |
material to the granting of the license. | 1041 |
(5) The person, officer, or partner has failed to correct any | 1042 |
incorrect or false information that is material to the granting of | 1043 |
the license in the records required to be maintained under | 1044 |
division (E) of section 2915.10 of the Revised Code. | 1045 |
(6) The person, officer, or partner has had a license related | 1046 |
to gambling revoked or suspended under the laws of this state, | 1047 |
another state, or the United States. | 1048 |
(D) The attorney general shall not issue a distributor | 1049 |
license to any person that is involved in the conduct of bingo on | 1050 |
behalf of a charitable organization or that is a lessor of | 1051 |
premises used for the conduct of bingo. This division does not | 1052 |
prohibit a distributor from advising charitable organizations on | 1053 |
the use and benefit of specific bingo supplies or prohibit a | 1054 |
distributor from advising a customer on operational methods to | 1055 |
improve bingo profitability. | 1056 |
(E)(1) No distributor shall sell, offer to sell, or otherwise | 1057 |
provide or offer to provide bingo supplies to any person, or | 1058 |
modify, convert, add to, or remove parts from bingo supplies to | 1059 |
further their promotion or sale, for use in this state except to | 1060 |
or for the use of a charitable organization that has been issued a | 1061 |
license under section 2915.08 or 2915.083 of the Revised Code or | 1062 |
to another distributor that has been issued a license under this | 1063 |
section. No distributor shall accept payment for the sale or other | 1064 |
provision of bingo supplies other than by check. | 1065 |
(2) No distributor may donate, give, loan, lease, or | 1066 |
otherwise provide any bingo supplies or equipment, or modify, | 1067 |
convert, add to, or remove parts from bingo supplies to further | 1068 |
their promotion or sale, to or for the use of a charitable | 1069 |
organization for use in a bingo session conditioned on or in | 1070 |
consideration for an exclusive right to provide bingo supplies to | 1071 |
the charitable organization. A distributor may provide a licensed | 1072 |
charitable organization with free samples of the distributor's | 1073 |
products to be used as prizes or to be used for the purpose of | 1074 |
sampling. | 1075 |
(3) No distributor shall purchase bingo supplies for use in | 1076 |
this state from any person except from a manufacturer issued a | 1077 |
license under section 2915.082 of the Revised Code or from another | 1078 |
distributor issued a license under this section. Subject to | 1079 |
division (D) of section 2915.082 of the Revised Code, no | 1080 |
distributor shall pay for purchased bingo supplies other than by | 1081 |
check. | 1082 |
(4) No distributor shall participate in the conduct of bingo | 1083 |
on behalf of a charitable organization or have any direct or | 1084 |
indirect ownership interest in a premises used for the conduct of | 1085 |
bingo. | 1086 |
(5) No distributor shall knowingly solicit, offer, pay, or | 1087 |
receive any kickback, bribe, or undocumented rebate, directly or | 1088 |
indirectly, overtly or covertly, in cash or in kind, in return for | 1089 |
providing bingo supplies to any person in this state. | 1090 |
(F) The attorney general may suspend or revoke a distributor | 1091 |
license for any of the reasons for which the attorney general may | 1092 |
refuse to issue a distributor license specified in division (C) of | 1093 |
this section or if the distributor holding the license violates | 1094 |
any provision of this chapter or any rule adopted by the attorney | 1095 |
general under this chapter. | 1096 |
(G) Whoever violates division (A) or (E) of this section is | 1097 |
guilty of illegally operating as a distributor. Except as | 1098 |
otherwise provided in this division, illegally operating as a | 1099 |
distributor is a misdemeanor of the first degree. If the offender | 1100 |
previously has been convicted of a violation of division (A) or | 1101 |
(E) of this section, illegally operating as a distributor is a | 1102 |
felony of the fifth degree. | 1103 |
Sec. 2915.083. (A) At least thirty business days before the | 1104 |
event, a charitable organization that does not have a license | 1105 |
under section 2915.08 of the Revised Code and that desires to | 1106 |
conduct bingo, instant bingo at a bingo session, or instant bingo | 1107 |
other than at a bingo session at an event shall make out, upon a | 1108 |
form to be furnished by the attorney general for that purpose, an | 1109 |
application for a short-term license to conduct bingo, instant | 1110 |
bingo at a bingo session, or instant bingo other than at a bingo | 1111 |
session and deliver that application to the attorney general | 1112 |
together with the license fee that the attorney general | 1113 |
establishes under this section. The short-term license shall be in | 1114 |
effect for seventy-two hours from the time when the event begins. | 1115 |
A charitable organization may apply for no more than two | 1116 |
short-term licenses to conduct bingo, instant bingo at a bingo | 1117 |
session, or instant bingo other than at a bingo session during a | 1118 |
calendar year. | 1119 |
The attorney general, by rule adopted pursuant to section | 1120 |
111.15 of the Revised Code, shall establish a reduced license fee | 1121 |
for charitable organizations that are issued a short-term license. | 1122 |
(B)(1) The application shall be in the form prescribed by the | 1123 |
attorney general, shall be signed and sworn to by the applicant, | 1124 |
and shall contain the information described in divisions (A)(2)(a) | 1125 |
to (g) of section 2915.08 of the Revised Code. | 1126 |
(2) The charitable organization is not required to submit | 1127 |
information on the application other than the information that is | 1128 |
described in divisions (A)(2)(a) to (g) of section 2915.08 of the | 1129 |
Revised Code. | 1130 |
(C) Except as otherwise provided in division (D) of this | 1131 |
section, the attorney general shall issue the short-term license | 1132 |
to conduct bingo, instant bingo at a bingo session, or instant | 1133 |
bingo other than at a bingo session to a charitable organization | 1134 |
that timely submits an application under division (A) of this | 1135 |
section within ten business days after receiving the application | 1136 |
from the charitable organization. | 1137 |
(D) The attorney general may refuse to grant a short-term | 1138 |
license to conduct bingo, instant bingo at a bingo session, or | 1139 |
instant bingo other than at a bingo session to any charitable | 1140 |
organization, or revoke or suspend the short-term license of any | 1141 |
charitable organization, that does any of the following or to | 1142 |
which any of the following applies: | 1143 |
(1) Fails or has failed at any time to meet any requirement | 1144 |
of section 109.26, 109.31, or 1716.02 or sections 2915.07 to | 1145 |
2915.11 of the Revised Code, or violates or has violated any | 1146 |
provision of section 2915.02 or sections 2915.07 to 2915.13 of the | 1147 |
Revised Code or any rule adopted by the attorney general pursuant | 1148 |
to this section; | 1149 |
(2) Makes or has made an incorrect or false statement that is | 1150 |
material to the granting of the short-term license to conduct | 1151 |
bingo, instant bingo at a bingo session, or instant bingo other | 1152 |
than at a bingo session in an application filed pursuant to | 1153 |
division (A) of this section; | 1154 |
(3) Submits or has submitted any incorrect or false | 1155 |
information relating to an application if the information is | 1156 |
material to the granting of the short-term license to conduct | 1157 |
bingo, instant bingo at a bingo session, or instant bingo other | 1158 |
than at a bingo session; | 1159 |
(4) The attorney general has good cause to believe that the | 1160 |
organization will not conduct bingo, instant bingo at a bingo | 1161 |
session, or instant bingo other than at a bingo session in | 1162 |
accordance with sections 2915.07 to 2915.13 of the Revised Code. | 1163 |
(E) A short-term license to conduct bingo, instant bingo at a | 1164 |
bingo session, or instant bingo other than at a bingo session | 1165 |
issued by the attorney general shall set forth the information | 1166 |
contained on the application of the charitable organization that | 1167 |
the attorney general determines is relevant, including, but not | 1168 |
limited to, the location at which the organization will conduct | 1169 |
bingo, instant bingo at a bingo session, or instant bingo other | 1170 |
than at a bingo session, and the dates and times on each of those | 1171 |
dates when bingo will be conducted. If the attorney general | 1172 |
refuses to grant or revokes or suspends a short-term license to | 1173 |
conduct bingo, instant bingo at a bingo session, or instant bingo | 1174 |
other than at a bingo session, the attorney general shall notify | 1175 |
the applicant in writing and specifically identify the reason for | 1176 |
the refusal, revocation, or suspension in narrative form and, if | 1177 |
applicable, by identifying the section of the Revised Code | 1178 |
violated. The failure of the attorney general to give the written | 1179 |
notice of the reasons for the refusal, revocation, or suspension | 1180 |
or a mistake in the written notice does not affect the validity of | 1181 |
the attorney general's refusal to grant, or the revocation or | 1182 |
suspension of, a short-term license to conduct bingo, instant | 1183 |
bingo at a bingo session, or instant bingo other than at a bingo | 1184 |
session. If the attorney general fails to give the written notice | 1185 |
or if there is a mistake in the written notice, the applicant may | 1186 |
bring an action to compel the attorney general to comply with this | 1187 |
division or to correct the mistake, but the attorney general's | 1188 |
order refusing to grant, or revoking or suspending, a short-term | 1189 |
license to conduct bingo, instant bingo at a bingo session, or | 1190 |
instant bingo other than at a bingo session shall not be enjoined | 1191 |
during the pendency of the action. | 1192 |
Sec. 2915.09. (A) No charitable organization that conducts | 1193 |
bingo shall fail to do any of the following: | 1194 |
(1) Own all of the equipment used to conduct bingo or lease | 1195 |
that equipment from a charitable organization that is licensed to | 1196 |
conduct bingo for a rental rate that is not more than is customary | 1197 |
and reasonable for that equipment; | 1198 |
(2) Except as otherwise provided in division (A)(3) of this | 1199 |
section, use all of the gross receipts from bingo for paying | 1200 |
prizes, for renting premises in which to conduct a bingo session, | 1201 |
for purchasing or leasing bingo supplies used in conducting bingo, | 1202 |
for hiring security personnel, for advertising bingo, or for other | 1203 |
expenses listed in division (LL) of section 2915.01 of the Revised | 1204 |
Code, provided that the amount of the receipts so spent is not | 1205 |
more than is customary and reasonable for a similar purchase, | 1206 |
lease, hiring, advertising, or expense. If the building in which | 1207 |
bingo is conducted is owned by the charitable organization | 1208 |
conducting bingo and the bingo conducted includes a form of bingo | 1209 |
described in division (S)(1) of section 2915.01 of the Revised | 1210 |
Code, the charitable organization may deduct from the total amount | 1211 |
of the gross receipts from each session a sum equal to the lesser | 1212 |
of six hundred dollars or forty-five per cent of the gross | 1213 |
receipts from the bingo described in that division as | 1214 |
consideration for the use of the premises. | 1215 |
(3) Use, or give, donate, or otherwise transfer, all of the | 1216 |
net profit derived from bingo, other than instant bingo, for a | 1217 |
charitable purpose listed in its license application and described | 1218 |
in division (Z) of section 2915.01 of the Revised Code, or | 1219 |
distribute all of the net profit from the proceeds of the sale of | 1220 |
instant bingo as stated in its license application and in | 1221 |
accordance with section 2915.101 of the Revised Code. | 1222 |
(B) No charitable organization that conducts a bingo game | 1223 |
described in division (S)(1) of section 2915.01 of the Revised | 1224 |
Code shall fail to do any of the following: | 1225 |
(1) Conduct the bingo game on premises that are owned by the | 1226 |
charitable organization, on premises that are owned by another | 1227 |
charitable organization and leased from that charitable | 1228 |
organization for a rental rate not in excess of the lesser of six | 1229 |
hundred dollars per bingo session or forty-five per cent of the | 1230 |
gross receipts of the bingo session, on premises that are leased | 1231 |
from a person other than a charitable organization for a rental | 1232 |
rate that is not more than is customary and reasonable for | 1233 |
premises that are similar in location, size, and quality but not | 1234 |
in excess of four hundred fifty dollars per bingo session, or on | 1235 |
premises that are owned by a person other than a charitable | 1236 |
organization, that are leased from that person by another | 1237 |
charitable organization, and that are subleased from that other | 1238 |
charitable organization by the charitable organization for a | 1239 |
rental rate not in excess of four hundred fifty dollars per bingo | 1240 |
session. If the charitable organization leases from a person other | 1241 |
than a charitable organization the premises on which it conducts | 1242 |
bingo sessions, the lessor of the premises shall provide only the | 1243 |
premises to the organization and shall not provide the | 1244 |
organization with bingo game operators, security personnel, | 1245 |
concessions or concession operators, bingo supplies, or any other | 1246 |
type of service or equipment. A charitable organization shall not | 1247 |
lease or sublease premises that it owns or leases to more than one | 1248 |
other charitable organization per calendar week for the purpose of | 1249 |
conducting bingo sessions on the premises. A person that is not a | 1250 |
charitable organization shall not lease premises that it owns, | 1251 |
leases, or otherwise is empowered to lease to more than one | 1252 |
charitable organization per calendar week for conducting bingo | 1253 |
sessions on the premises. In no case shall more than two bingo | 1254 |
sessions be conducted on any premises in any calendar week. | 1255 |
(2) Display its license conspicuously at the premises where | 1256 |
the bingo session is conducted; | 1257 |
(3) Conduct the bingo session in accordance with the | 1258 |
definition of bingo set forth in division (S)(1) of section | 1259 |
2915.01 of the Revised Code. | 1260 |
(C) No charitable organization that conducts a bingo game | 1261 |
described in division (S)(1) of section 2915.01 of the Revised | 1262 |
Code shall do any of the following: | 1263 |
(1) Pay any compensation to a bingo game operator for | 1264 |
operating a bingo session that is conducted by the charitable | 1265 |
organization or for preparing, selling, or serving food or | 1266 |
beverages at the site of the bingo session, permit any auxiliary | 1267 |
unit or society of the charitable organization to pay compensation | 1268 |
to any bingo game operator who prepares, sells, or serves food or | 1269 |
beverages at a bingo session conducted by the charitable | 1270 |
organization, or permit any auxiliary unit or society of the | 1271 |
charitable organization to prepare, sell, or serve food or | 1272 |
beverages at a bingo session conducted by the charitable | 1273 |
organization, if the auxiliary unit or society pays any | 1274 |
compensation to the bingo game operators who prepare, sell, or | 1275 |
serve the food or beverages; | 1276 |
(2) Pay consulting fees to any person for any services | 1277 |
performed in relation to the bingo session; | 1278 |
(3) Pay concession fees to any person who provides | 1279 |
refreshments to the participants in the bingo session; | 1280 |
(4) Except as otherwise provided in division (C)(4) of this | 1281 |
section, conduct more than two bingo sessions in any seven-day | 1282 |
period. A volunteer firefighter's organization or a volunteer | 1283 |
rescue service organization that conducts not more than five bingo | 1284 |
sessions in a calendar year may conduct more than two bingo | 1285 |
sessions in a seven-day period after notifying the attorney | 1286 |
general when it will conduct the sessions. | 1287 |
(5) Pay out more than three thousand five hundred dollars in | 1288 |
prizes for bingo games described in division (S)(1) of section | 1289 |
2915.01 of the Revised Code during any bingo session that is | 1290 |
conducted by the charitable organization. "Prizes" does not | 1291 |
include awards from the conduct of instant bingo. | 1292 |
(6) Conduct a bingo session at any time during the ten-hour | 1293 |
period between midnight and ten a.m., at any time during, or | 1294 |
within ten hours of, a bingo game conducted for amusement only | 1295 |
pursuant to section 2915.12 of the Revised Code, at any premises | 1296 |
not specified on its license, or on any day of the week or during | 1297 |
any time period not specified on its license. If circumstances | 1298 |
make it impractical for the charitable organization that is issued | 1299 |
a license under section 2915.08 of the Revised Code to conduct a | 1300 |
bingo session at the premises, or on the day of the week or at the | 1301 |
time, specified on its license or if a charitable organization | 1302 |
wants to conduct bingo sessions on a day of the week or at a time | 1303 |
other than the day or time specified on its license, the | 1304 |
charitable organization may apply in writing to the attorney | 1305 |
general for an amended license pursuant to division (F) of section | 1306 |
2915.08 of the Revised Code. A charitable organization may apply | 1307 |
twice in each calendar year for an amended license to conduct | 1308 |
bingo sessions on a day of the week or at a time other than the | 1309 |
day or time specified on its license. If the amended license is | 1310 |
granted, the organization may conduct bingo sessions at the | 1311 |
premises, on the day of the week, and at the time specified on its | 1312 |
amended license. | 1313 |
(7) Permit any person whom the charitable organization knows, | 1314 |
or should have known, is under the age of eighteen to work as a | 1315 |
bingo game operator; | 1316 |
(8) Permit any person whom the charitable organization knows, | 1317 |
or should have known, has been convicted of a felony or gambling | 1318 |
offense in any jurisdiction to be a bingo game operator; | 1319 |
(9) Permit the lessor of the premises on which the bingo | 1320 |
session is conducted, if the lessor is not a charitable | 1321 |
organization, to provide the charitable organization with bingo | 1322 |
game operators, security personnel, concessions, bingo supplies, | 1323 |
or any other type of service or equipment; | 1324 |
(10) Purchase or lease bingo supplies from any person except | 1325 |
a distributor issued a license under section 2915.081 of the | 1326 |
Revised Code; | 1327 |
(11)(a) Use or permit the use of electronic bingo aids except | 1328 |
under the following circumstances: | 1329 |
(i) For any single participant, not more than ninety bingo | 1330 |
faces can be played using an electronic bingo aid or aids. | 1331 |
(ii) The charitable organization shall provide a participant | 1332 |
using an electronic bingo aid with corresponding paper bingo cards | 1333 |
or sheets. | 1334 |
(iii) The total price of bingo faces played with an | 1335 |
electronic bingo aid shall be equal to the total price of the same | 1336 |
number of bingo faces played with a paper bingo card or sheet sold | 1337 |
at the same bingo session but without an electronic bingo aid. | 1338 |
(iv) An electronic bingo aid cannot be part of an electronic | 1339 |
network other than a network that includes only bingo aids and | 1340 |
devices that are located on the premises at which the bingo is | 1341 |
being conducted or be interactive with any device not located on | 1342 |
the premises at which the bingo is being conducted. | 1343 |
(v) An electronic bingo aid cannot be used to participate in | 1344 |
bingo that is conducted at a location other than the location at | 1345 |
which the bingo session is conducted and at which the electronic | 1346 |
bingo aid is used. | 1347 |
(vi) An electronic bingo aid cannot be used to provide for | 1348 |
the input of numbers and letters announced by a bingo caller other | 1349 |
than the bingo caller who physically calls the numbers and letters | 1350 |
at the location at which the bingo session is conducted and at | 1351 |
which the electronic bingo aid is used. | 1352 |
(b) The attorney general may adopt rules in accordance with | 1353 |
Chapter 119. of the Revised Code that govern the use of electronic | 1354 |
bingo aids. The rules may include a requirement that an electronic | 1355 |
bingo aid be capable of being audited by the attorney general to | 1356 |
verify the number of bingo cards or sheets played during each | 1357 |
bingo session. | 1358 |
(12) Permit any person the charitable organization knows, or | 1359 |
should have known, to be under eighteen years of age to play bingo | 1360 |
described in division (S)(1) of section 2915.01 of the Revised | 1361 |
Code. | 1362 |
(D)(1) Except as otherwise provided in division (D)(3) of | 1363 |
this section, no charitable organization shall provide to a bingo | 1364 |
game operator, and no bingo game operator shall receive or accept, | 1365 |
any commission, wage, salary, reward, tip, donation, gratuity, or | 1366 |
other form of compensation, directly or indirectly, regardless of | 1367 |
the source, for conducting bingo or providing other work or labor | 1368 |
at the site of bingo during a bingo session. | 1369 |
(2) Except as otherwise provided in division (D)(3) of this | 1370 |
section, no charitable organization shall provide to a bingo game | 1371 |
operator any commission, wage, salary, reward, tip, donation, | 1372 |
gratuity, or other form of compensation, directly or indirectly, | 1373 |
regardless of the source, for conducting instant bingo other than | 1374 |
at a bingo session at the site of instant bingo other than at a | 1375 |
bingo session. | 1376 |
(3) Nothing in division (D) of this section prohibits an | 1377 |
employee of a social club, fraternal organization, veteran's | 1378 |
organization, or sporting organization from selling instant bingo | 1379 |
tickets or cards to the organization's members or invited guests, | 1380 |
as long as no portion of the employee's compensation is paid from | 1381 |
any receipts of bingo. | 1382 |
(E) Notwithstanding division (B)(1) of this section, a | 1383 |
charitable organization that, prior to December 6, 1977, has | 1384 |
entered into written agreements for the lease of premises it owns | 1385 |
to another charitable organization or other charitable | 1386 |
organizations for the conducting of bingo sessions so that more | 1387 |
than two bingo sessions are conducted per calendar week on the | 1388 |
premises, and a person that is not a charitable organization and | 1389 |
that, prior to December 6, 1977, has entered into written | 1390 |
agreements for the lease of premises it owns to charitable | 1391 |
organizations for the conducting of more than two bingo sessions | 1392 |
per calendar week on the premises, may continue to lease the | 1393 |
premises to those charitable organizations, provided that no more | 1394 |
than four sessions are conducted per calendar week, that the | 1395 |
lessor organization or person has notified the attorney general in | 1396 |
writing of the organizations that will conduct the sessions and | 1397 |
the days of the week and the times of the day on which the | 1398 |
sessions will be conducted, that the initial lease entered into | 1399 |
with each organization that will conduct the sessions was filed | 1400 |
with the attorney general prior to December 6, 1977, and that each | 1401 |
organization that will conduct the sessions was issued a license | 1402 |
to conduct bingo games by the attorney general prior to December | 1403 |
6, 1977. | 1404 |
(F) This section does not prohibit a bingo licensed | 1405 |
charitable organization or a game operator from giving any person | 1406 |
an instant bingo ticket as a prize. | 1407 |
(G) Whoever violates division (A)(2) of this section is | 1408 |
guilty of illegally conducting a bingo game, a felony of the | 1409 |
fourth degree. Except as otherwise provided in this division, | 1410 |
whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1411 |
(C)(1) to (12), or (D) of this section is guilty of a minor | 1412 |
misdemeanor. If the offender previously has been convicted of a | 1413 |
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1414 |
to (11), or, (D) of this section, a violation of division (A)(1) | 1415 |
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1416 |
misdemeanor of the first degree. Whoever violates division (C)(12) | 1417 |
of this section is guilty of a misdemeanor of the first degree, if | 1418 |
the offender previously has been convicted of a violation of | 1419 |
division (C)(12) of this section, a felony of the fourth degree. | 1420 |
Sec. 2915.091. (A) No charitable organization that conducts | 1421 |
instant bingo shall do any of the following: | 1422 |
(1) Fail to comply with the requirements of divisions (A)(1), | 1423 |
(2), and (3) of section 2915.09 of the Revised Code; | 1424 |
(2) Conduct instant bingo unless either of the following | 1425 |
apply: | 1426 |
(a) That organization is, and has received from the internal | 1427 |
revenue service a determination letter that is currently in effect | 1428 |
stating that the organization is, exempt from federal income | 1429 |
taxation under subsection
501(a) | 1430 |
501(c)(3) of the Internal Revenue Code, is a charitable | 1431 |
organization as defined in section 2915.01 of the Revised Code, is | 1432 |
in good standing in the state pursuant to section 2915.08 or | 1433 |
2915.083 of the Revised Code, and is in compliance with Chapter | 1434 |
1716. of the Revised Code; | 1435 |
(b) That organization is, and has received from the internal | 1436 |
revenue service a determination letter that is currently in effect | 1437 |
stating that the organization is, exempt from federal income | 1438 |
taxation under subsection 501(a) | 1439 |
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's | 1440 |
organization described in subsection 501(c)(4) of the Internal | 1441 |
Revenue Code, and conducts instant bingo under section 2915.13 of | 1442 |
the Revised Code. | 1443 |
(3) Conduct instant bingo on any day, at any time, or at any | 1444 |
premises not specified on the organization's license issued | 1445 |
pursuant to section 2915.08 or 2915.083 of the Revised Code; | 1446 |
(4) Permit any person whom the organization knows or should | 1447 |
have known has been convicted of a felony or gambling offense in | 1448 |
any jurisdiction to be a bingo game operator in the conduct of | 1449 |
instant bingo; | 1450 |
(5) Purchase or lease supplies used to conduct instant bingo | 1451 |
or punch board games from any person except a distributor licensed | 1452 |
under section 2915.081 of the Revised Code; | 1453 |
(6) Sell or provide any instant bingo ticket or card for a | 1454 |
price different from the price printed on it by the manufacturer | 1455 |
on either the instant bingo ticket or card or on the game flare; | 1456 |
(7) Sell an instant bingo ticket or card to a person under | 1457 |
eighteen years of age | 1458 |
apply to the sale of instant bingo tickets or cards by the holder | 1459 |
of a short-term license to conduct instant bingo at a bingo | 1460 |
session or to conduct instant bingo other than at a bingo session | 1461 |
that is issued pursuant to section 2915.083 of the Revised Code. | 1462 |
(8) Fail to keep unsold instant bingo tickets or cards for | 1463 |
less than three years; | 1464 |
(9) Pay any compensation to a bingo game operator for | 1465 |
conducting instant bingo that is conducted by the organization or | 1466 |
for preparing, selling, or serving food or beverages at the site | 1467 |
of the instant bingo game, permit any auxiliary unit or society of | 1468 |
the organization to pay compensation to any bingo game operator | 1469 |
who prepares, sells, or serves food or beverages at an instant | 1470 |
bingo game conducted by the organization, or permit any auxiliary | 1471 |
unit or society of the organization to prepare, sell, or serve | 1472 |
food or beverages at an instant bingo game conducted by the | 1473 |
organization, if the auxiliary unit or society pays any | 1474 |
compensation to the bingo game operators who prepare, sell, or | 1475 |
serve the food or beverages; | 1476 |
(10) Pay fees to any person for any services performed in | 1477 |
relation to an instant bingo game; | 1478 |
(11) Pay fees to any person who provides refreshments to the | 1479 |
participants in an instant bingo game; | 1480 |
(12)(a) Allow instant bingo tickets or cards to be sold to | 1481 |
bingo game operators at a premises at which the organization sells | 1482 |
instant bingo tickets or cards or to be sold to employees of a D | 1483 |
permit holder who are working at a premises at which instant bingo | 1484 |
tickets or cards are sold; | 1485 |
(b) Division (A)(12)(a) of this section does not prohibit a | 1486 |
licensed charitable organization or a bingo game operator from | 1487 |
giving any person an instant bingo tickets as a prize. | 1488 |
(13) Fail to display its bingo license, and the serial | 1489 |
numbers of the deal of instant bingo tickets or cards to be sold, | 1490 |
conspicuously at each premises at which it sells instant bingo | 1491 |
tickets or cards; | 1492 |
(14) Possess a deal of instant bingo tickets or cards that | 1493 |
was not purchased from a distributor licensed under section | 1494 |
2915.081 of the Revised Code as reflected on an invoice issued by | 1495 |
the distributor that contains all of the information required by | 1496 |
division (E) of section 2915.10 of the Revised Code; | 1497 |
(15) Fail, once it opens a deal of instant bingo tickets or | 1498 |
cards, to continue to sell the tickets or cards in that deal until | 1499 |
the tickets or cards with the top two highest tiers of prizes in | 1500 |
that deal are sold; | 1501 |
(16) | 1502 |
1503 |
| 1504 |
accordance with sections 2915.01 to 2915.13 of the Revised Code. | 1505 |
(B)(1) A charitable organization may conduct instant bingo | 1506 |
other than at a bingo session at not more than five separate | 1507 |
locations. A charitable organization that is exempt from federal | 1508 |
taxation under subsection 501(a) and described in subsection | 1509 |
501(c)(3) of the Internal Revenue Code and that is created by a | 1510 |
veteran's organization or a fraternal organization is not limited | 1511 |
in the number of separate locations the charitable organization | 1512 |
may conduct instant bingo other than at a bingo session. | 1513 |
(2) A charitable organization may conduct instant bingo at | 1514 |
festivals of the charitable organization that are conducted either | 1515 |
for a period of four consecutive days or less and not more than | 1516 |
twice a year or for a period of five consecutive days and not more | 1517 |
than once a year, and are conducted on premises that are owned by | 1518 |
the charitable organization for a period of no less than one year | 1519 |
immediately preceding the conducting of the instant bingo, on | 1520 |
premises that are leased from a governmental unit, or on premises | 1521 |
that are leased from a veteran's or fraternal organization and | 1522 |
that have been owned by the lessor veteran's or fraternal | 1523 |
organization for a period of no less than one year immediately | 1524 |
preceding the conducting of the instant bingo. | 1525 |
(C) The attorney general may adopt rules in accordance with | 1526 |
Chapter 119. of the Revised Code that govern the conduct of | 1527 |
instant bingo by charitable organizations. Before those rules are | 1528 |
adopted, the attorney general shall reference the recommended | 1529 |
standards for opacity, randomization, minimum information, winner | 1530 |
protection, color, and cutting for instant bingo tickets or cards, | 1531 |
seal cards, and punch boards established by the North American | 1532 |
gaming regulators association. | 1533 |
(D) Whoever violates division (A) of this section or a rule | 1534 |
adopted under division (C) of this section is guilty of illegal | 1535 |
instant bingo conduct. Except as otherwise provided in this | 1536 |
division, illegal instant bingo conduct is a misdemeanor of the | 1537 |
first degree. If the offender previously has been convicted of a | 1538 |
violation of division (A) of this section or of such a rule, | 1539 |
illegal instant bingo conduct is a felony of the fifth degree. | 1540 |
Sec. 2915.092. (A) A charitable organization, a public | 1541 |
school, a chartered nonpublic school, or a community school, | 1542 |
1543 | |
under subsection 501(a) and | 1544 |
501(c)(4), | 1545 |
the Internal Revenue Code may conduct a raffle to raise money for | 1546 |
the organization or school and does not need a license to conduct | 1547 |
bingo in order to conduct a raffle drawing that is not for profit. | 1548 |
(B) Except as provided in division (A) of this section, no | 1549 |
person shall conduct a raffle drawing that is for profit or a | 1550 |
raffle drawing that is not for profit. | 1551 |
(C) Whoever violates division (B) of this section is guilty | 1552 |
of illegal conduct of a raffle. Except as otherwise provided in | 1553 |
this division, illegal conduct of a raffle is a misdemeanor of the | 1554 |
first degree. If the offender previously has been convicted of a | 1555 |
violation of division (B) of this section, illegal conduct of a | 1556 |
raffle is a felony of the fifth degree. | 1557 |
Sec. 2915.095. The attorney general, by rule adopted pursuant | 1558 |
to section 111.15 of the Revised Code, shall establish a standard | 1559 |
contract to be used by a social club, a charitable instant bingo | 1560 |
organization, a
veteran's organization, | 1561 |
organization, or a sporting organization for the conduct of | 1562 |
instant bingo other than at a bingo session. The terms of the | 1563 |
contract shall be limited to the provisions in | 1564 |
1565 |
Sec. 2915.10. (A) No charitable organization that conducts | 1566 |
bingo or a game of chance pursuant to division (D) of section | 1567 |
2915.02 of the Revised Code shall fail to maintain the following | 1568 |
records for at least three years from the date on which the bingo | 1569 |
or game of chance is conducted: | 1570 |
(1) An itemized list of the gross receipts of each bingo | 1571 |
session, each game of instant bingo by serial number, each raffle, | 1572 |
each punch board game, and each game of chance, and an itemized | 1573 |
list of the gross profits of each game of instant bingo by serial | 1574 |
number; | 1575 |
(2) An itemized list of all expenses, other than prizes, that | 1576 |
are incurred in conducting bingo or instant bingo, the name of | 1577 |
each person to whom the expenses are paid, and a receipt for all | 1578 |
of the expenses; | 1579 |
(3) A list of all prizes awarded during each bingo session, | 1580 |
each raffle, each punch board game, and each game of chance | 1581 |
conducted by the charitable organization, the total prizes awarded | 1582 |
from each game of instant bingo by serial number, and the name, | 1583 |
address, and social security number of all persons who are winners | 1584 |
of prizes of six hundred dollars or more in value; | 1585 |
(4) An itemized list of the recipients of the net profit of | 1586 |
the bingo or game of chance, including the name and address of | 1587 |
each recipient to whom the money is distributed, and if the | 1588 |
organization uses the net profit of bingo, or the money or assets | 1589 |
received from a game of chance, for any charitable or other | 1590 |
purpose set forth in division (Z) of section 2915.01, division (D) | 1591 |
of section 2915.02, or section 2915.101 of the Revised Code, a | 1592 |
list of each purpose and an itemized list of each expenditure for | 1593 |
each purpose; | 1594 |
(5) The number of persons who participate in any bingo | 1595 |
session or game of chance that is conducted by the charitable | 1596 |
organization; | 1597 |
(6) A list of receipts from the sale of food and beverages by | 1598 |
the charitable organization or one of its auxiliary units or | 1599 |
societies, if the receipts were excluded from gross receipts under | 1600 |
division (X) of section 2915.01 of the Revised Code; | 1601 |
(7) An itemized list of all expenses incurred at each bingo | 1602 |
session, each raffle, each punch board game, or each game of | 1603 |
instant bingo conducted by the charitable organization in the sale | 1604 |
of food and beverages by the charitable organization or by an | 1605 |
auxiliary unit or society of the charitable organization, the name | 1606 |
of each person to whom the expenses are paid, and a receipt for | 1607 |
all of the expenses; | 1608 |
(8) An itemized list of each deposit and withdrawal from any | 1609 |
separate account in a financial institution that is maintained | 1610 |
pursuant to section 2915.101 of the Revised Code for the net | 1611 |
profit from the proceeds of the sale of instant bingo and an | 1612 |
itemized list of the purpose for each withdrawal from that | 1613 |
separate account. | 1614 |
(B) A charitable organization shall keep the records that it | 1615 |
is required to maintain pursuant to division (A) of this section | 1616 |
at its principal place of business in this state or at its | 1617 |
headquarters in this state and shall notify the attorney general | 1618 |
of the location at which those records are kept. | 1619 |
(C) The gross profit from each bingo session or game | 1620 |
described in division (S)(1) or (2) of section 2915.01 of the | 1621 |
Revised Code shall be deposited into a checking account devoted | 1622 |
exclusively to the bingo session or game. Payments for allowable | 1623 |
expenses incurred in conducting the bingo session or game and | 1624 |
payments to recipients of some or all of the net profit of the | 1625 |
bingo session or game shall be made only by checks drawn on the | 1626 |
bingo session or game account. | 1627 |
(D) Each charitable organization shall conduct and record an | 1628 |
inventory of all of its bingo supplies as of the first day of | 1629 |
November of each year. | 1630 |
(E) The attorney general may adopt rules in accordance with | 1631 |
Chapter 119. of the Revised Code that establish standards of | 1632 |
accounting, record keeping, and reporting to ensure that gross | 1633 |
receipts from bingo or games of chance are properly accounted for. | 1634 |
(F) A distributor shall maintain, for a period of three years | 1635 |
after the date of its sale or other provision, a record of each | 1636 |
instance of its selling or otherwise providing to another person | 1637 |
bingo supplies for use in this state. The record shall include all | 1638 |
of the following for each instance: | 1639 |
(1) The name of the manufacturer from which the distributor | 1640 |
purchased the bingo supplies and the date of the purchase; | 1641 |
(2) The name and address of the charitable organization or | 1642 |
other distributor to which the bingo supplies were sold or | 1643 |
otherwise provided; | 1644 |
(3) A description that clearly identifies the bingo supplies; | 1645 |
(4) Invoices that include the nonrepeating serial numbers of | 1646 |
all paper bingo cards and sheets and all instant bingo deals sold | 1647 |
or otherwise provided to each charitable organization. | 1648 |
(G) A manufacturer shall maintain, for a period of three | 1649 |
years after the date of its sale or other provision, a record of | 1650 |
each instance of its selling or otherwise providing bingo supplies | 1651 |
for use in this state. The record shall include all of the | 1652 |
following for each instance: | 1653 |
(1) The name and address of the distributor to whom the bingo | 1654 |
supplies were sold or otherwise provided; | 1655 |
(2) A description that clearly identifies the bingo supplies, | 1656 |
including serial numbers; | 1657 |
(3) Invoices that include the nonrepeating serial numbers of | 1658 |
all paper bingo cards and sheets and all instant bingo deals sold | 1659 |
or otherwise provided to each distributor. | 1660 |
(H) The attorney general or any law enforcement agency may do | 1661 |
all of the following: | 1662 |
(1) Investigate any charitable organization or any officer, | 1663 |
agent, trustee, member, or employee of the organization; | 1664 |
(2) Examine the accounts and records of the organization; | 1665 |
(3) Conduct inspections, audits, and observations of bingo or | 1666 |
games of chance; | 1667 |
(4) Conduct inspections of the premises where bingo or games | 1668 |
of chance are conducted; | 1669 |
(5) Conduct an audit of any separate account in a financial | 1670 |
institution that is maintained pursuant to section 2915.101 of the | 1671 |
Revised Code for the net profit from the proceeds of the sale of | 1672 |
instant bingo; | 1673 |
(6) Take any other necessary and reasonable action to | 1674 |
determine if a violation of any provision of sections 2915.01 to | 1675 |
2915.13 of the Revised Code has occurred and to determine whether | 1676 |
section 2915.11 of the Revised Code has been complied with. | 1677 |
If any law enforcement agency has reasonable grounds to | 1678 |
believe that a charitable organization or an officer, agent, | 1679 |
trustee, member, or employee of the organization has violated any | 1680 |
provision of this chapter, the law enforcement agency may proceed | 1681 |
by action in the proper court to enforce this chapter, provided | 1682 |
that the law enforcement agency shall give written notice to the | 1683 |
attorney general when commencing an action as described in this | 1684 |
division. | 1685 |
(I) No person shall destroy, alter, conceal, withhold, or | 1686 |
deny access to any accounts or records of a charitable | 1687 |
organization that have been requested for examination, or | 1688 |
obstruct, impede, or interfere with any inspection, audit, or | 1689 |
observation of bingo or a game of chance or premises where bingo | 1690 |
or a game of chance is conducted, or refuse to comply with any | 1691 |
reasonable request of, or obstruct, impede, or interfere with any | 1692 |
other reasonable action undertaken by, the attorney general or a | 1693 |
law enforcement agency pursuant to division (H) of this section. | 1694 |
(J) Whoever violates division (A) or (I) of this section is | 1695 |
guilty of a misdemeanor of the first degree. | 1696 |
Sec. 2915.101. (A) Except as otherwise provided by law, a | 1697 |
charitable organization that conducts instant bingo shall | 1698 |
distribute the net profit from the proceeds of the sale of instant | 1699 |
bingo as follows: | 1700 |
| 1701 |
or a sporting organization conducted the instant bingo, the | 1702 |
organization shall distribute the net profit from the proceeds of | 1703 |
the sale of instant bingo, as follows: | 1704 |
(a) A minimum of fifty per cent shall be distributed to an | 1705 |
organization
| 1706 |
1707 | |
509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either | 1708 |
a governmental unit or an organization that is tax exempt under | 1709 |
subsection 501(a) and described in subsection 501(c)(3) of the | 1710 |
Internal Revenue Code or to a department or agency of the federal | 1711 |
government, the state, or any political subdivision; | 1712 |
(b) Five per cent may be distributed for the organization's | 1713 |
own charitable purposes. | 1714 |
(c) Forty-five per cent may be deducted and retained by the | 1715 |
organization for the organization's expenses in conducting the | 1716 |
instant bingo game. | 1717 |
(2) If a veteran's organization, a fraternal organization, or | 1718 |
a sporting organization does not distribute the full percentages | 1719 |
specified in divisions (A)(1)(b) and (c) of this section for the | 1720 |
purposes specified in those divisions, the organization shall | 1721 |
distribute the balance of the net profit from the proceeds of the | 1722 |
sale of instant bingo not distributed or retained for those | 1723 |
purposes to an organization, department, or agency described in | 1724 |
division | 1725 |
1726 |
(3) A veteran's organization, a fraternal organization, or a | 1727 |
sporting organization shall pay the expenses that are directly for | 1728 |
the conduct of instant bingo by check from the checking account | 1729 |
devoted exclusively to the bingo session or game | 1730 |
and retain the remainder of the | 1731 |
the net profit from the proceeds of the sale of instant bingo | 1732 |
1733 | |
1734 | |
general account. | 1735 |
| 1736 |
organization, a fraternal organization, or a sporting organization | 1737 |
conducted the instant bingo, the organization shall distribute one | 1738 |
hundred per cent of the net profit from the proceeds of the sale | 1739 |
of instant bingo to an organization, department, or agency | 1740 |
described in division | 1741 |
1742 | |
1743 |
(B)(1) A charitable organization that conducts instant bingo | 1744 |
shall deposit the net profit from the proceeds of the sale of | 1745 |
instant bingo into a separate account established at a financial | 1746 |
institution, as defined in section 1115.07 of the Revised Code, | 1747 |
prior to distributing that net profit as provided in division (A) | 1748 |
of this section. | 1749 |
(2) A charitable organization shall use the net profit from | 1750 |
the proceeds of the sale of instant bingo as specified in the | 1751 |
organization's instant bingo application. | 1752 |
Sec. 2915.13. (A) A social club, a veteran's organization, a | 1753 |
fraternal organization, or a sporting organization authorized to | 1754 |
conduct a bingo session pursuant to sections 2915.01 to 2915.12 of | 1755 |
the Revised Code may conduct instant bingo other than at a bingo | 1756 |
session if all of the following apply: | 1757 |
(1) The social club, veteran's organization, fraternal | 1758 |
organization, or sporting organization limits the sale of instant | 1759 |
bingo to | 1760 |
1761 |
(2) The social club, veteran's organization, fraternal | 1762 |
organization, or sporting organization limits the sale of instant | 1763 |
bingo to its own premises and to its own members and invited | 1764 |
guests. | 1765 |
(3) The social club, veteran's organization, fraternal | 1766 |
organization, or sporting organization is raising money for an | 1767 |
organization that is described in subsection 509(a)(1), 509(a)(2), | 1768 |
or 509(a)(3) of the Internal Revenue Code and is either a | 1769 |
governmental unit or an organization that maintains its principal | 1770 |
place of business in this state, that is exempt from federal | 1771 |
income taxation under subsection 501(a) and described in | 1772 |
subsection 501(c)(3) of the Internal Revenue Code, and that is in | 1773 |
good standing in this state and executes a written contract with | 1774 |
that organization as required in division (B) of this section. | 1775 |
(B) If a social club, a veteran's organization, a fraternal | 1776 |
organization, or a sporting organization authorized to conduct | 1777 |
instant bingo pursuant to division (A) of this section is raising | 1778 |
money for another organization that is described in subsection | 1779 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 1780 |
and is either a governmental unit or an organization that | 1781 |
maintains its principal place of business in this state, that is | 1782 |
exempt from federal income taxation under subsection 501(a) and | 1783 |
described in subsection 501(c)(3) of the Internal Revenue Code, | 1784 |
and that is in good standing in this state, the social club, | 1785 |
veteran's organization, fraternal organization, or sporting | 1786 |
organization shall execute a written contract with the | 1787 |
organization that is described in subsection 509(a)(1), 509(a)(2), | 1788 |
or 509(a)(3) of the Internal Revenue Code and is either a | 1789 |
governmental unit or an organization that maintains its principal | 1790 |
place of business in this state, that is exempt from federal | 1791 |
income taxation under subsection 501(a) and described in | 1792 |
subsection 501(c)(3) of the Internal Revenue Code, and that is in | 1793 |
good standing in this state in order to conduct instant bingo. | 1794 |
That contract shall include a statement of the percentage of the | 1795 |
net proceeds that the social club, veteran's organization, | 1796 |
fraternal organization, or sporting organization will be | 1797 |
distributing to the organization that is described in subsection | 1798 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 1799 |
and is either a governmental unit or an organization that | 1800 |
maintains its principal place of business in this state, that is | 1801 |
exempt from federal income taxation under subsection 501(a) and | 1802 |
described in subsection 501(c)(3) of the Internal Revenue Code, | 1803 |
and that is in good standing in this state. | 1804 |
(C)(1) If a social club, a veteran's organization, a | 1805 |
fraternal organization, or a sporting organization authorized to | 1806 |
conduct instant bingo pursuant to division (A) of this section has | 1807 |
been issued a liquor permit under Chapter 4303. of the Revised | 1808 |
Code, the social club, veteran's organization, fraternal | 1809 |
organization, or sporting organization may sell instant bingo in | 1810 |
the area to which the permit applies and that permit may be | 1811 |
subject to suspension, revocation, or cancellation if the social | 1812 |
club, veteran's organization, fraternal organization, or sporting | 1813 |
organization violates a provision of sections 2915.01 to 2915.13 | 1814 |
of the Revised Code. | 1815 |
(2) No social club, veteran's organization, fraternal | 1816 |
organization, or sporting organization that enters into a written | 1817 |
contract pursuant to division (B) of this section shall violate | 1818 |
any provision of | 1819 |
or permit, aid, or abet any other person in violating any | 1820 |
provision of | 1821 |
(D) A social club, a veteran's organization, a fraternal | 1822 |
organization, or a sporting organization shall give all required | 1823 |
proceeds earned from the conduct of instant
bingo to | 1824 |
organization | 1825 |
1826 | |
1827 |
(E) Whoever violates this section is guilty of illegal | 1828 |
instant bingo conduct. Except as otherwise provided in this | 1829 |
division, illegal instant bingo conduct is a misdemeanor of the | 1830 |
first degree. If the offender previously has been convicted of a | 1831 |
violation of this section, illegal instant bingo conduct is a | 1832 |
felony of the fifth degree. | 1833 |
Section 2. That existing sections 1711.09, 2915.01, 2915.02, | 1834 |
2915.03, 2915.07, 2915.08, 2915.081, 2915.09, 2915.091, 2915.092, | 1835 |
2915.095, 2915.10, 2915.101, and 2915.13 of the Revised Code are | 1836 |
hereby repealed. | 1837 |
Section 3. Section 2915.01 of the Revised Code is presented | 1838 |
in this act as a composite of the section as amended by both Am. | 1839 |
Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly. | 1840 |
The General Assembly, applying the principle stated in division | 1841 |
(B) of section 1.52 of the Revised Code that amendments are to be | 1842 |
harmonized if reasonably capable of simultaneous operation, finds | 1843 |
that the composite is the resulting version of the section in | 1844 |
effect prior to the effective date of the section as presented in | 1845 |
this act. | 1846 |