Sec. 1711.09. Except as otherwise provided in this
section, | 8 |
county agricultural societies, independent agricultural
societies, | 9 |
and the Ohio expositions commission shall not permit
during any | 10 |
fair, or for one week before or three days
after any
fair,
any | 11 |
dealing in spirituous liquors, or at any time allow or
tolerate | 12 |
immoral shows, lottery devices, games of chance, or
gambling of | 13 |
any kind, including pool selling and paddle wheels,
anywhere on | 14 |
the fairground; and shall permit no person at any
time
to operate | 15 |
any side show, amusement, game, or device, or
offer for
sale any | 16 |
novelty by auction or solicitation, on
the
fairground who has not | 17 |
first obtained from the director of
agriculture
a license
under | 18 |
section 1711.11
of the
Revised Code. This section does not | 19 |
prohibit the sale of
lottery
tickets by the state lottery | 20 |
commission pursuant to
Chapter 3770.
of the Revised Code at the | 21 |
state fairground during
the state
fair. In addition, a county or | 22 |
independent agricultural
society
may permit, at any time except | 23 |
during a fair or for one
week
before or three days
after a fair, a | 24 |
charitable
organization to
conduct in accordance with Chapter | 25 |
2915. of the
Revised Code
games of chance or bingo on the | 26 |
fairground of
aany county with a population of
five hundred | 27 |
thousand or less. A charitable
organization may lease all or part | 28 |
of the fairground from the
agricultural society for that purpose. | 29 |
(H)
Except as otherwise provided in this chapter,
"charitable | 83 |
organization" means any tax exempt
religious,
educational, | 84 |
veteran's, fraternal, sporting, service, nonprofit
medical, | 85 |
volunteer rescue service, volunteer
firefighter's,
senior | 86 |
citizen's, historic railroad educational, youth athletic, amateur | 87 |
athletic, or youth
athletic
park organization.
An organization is | 88 |
tax exempt if the
organization is, and has
received from the | 89 |
internal revenue
service a determination letter
that currently is | 90 |
in effect stating
that the organization is,
exempt from federal | 91 |
income taxation
under subsection 501(a) and
described in | 92 |
subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or | 93 |
501(c)(19) of the Internal
Revenue Code, or if the organization is | 94 |
a sporting organization that is exempt from federal income | 95 |
taxation under subsection 501(a) and is described in subsection | 96 |
501(c)(7) of the Internal Revenue Code.
To
qualify as a charitable | 97 |
organization, an
organization, except a
volunteer rescue service | 98 |
or volunteer
fire
fighter's
organization,
shall have been in | 99 |
continuous existence as
such in this state for
a period of two | 100 |
years immediately preceding
either the making of
an application | 101 |
for a
bingo license under
section 2915.08 of the
Revised Code or | 102 |
the conducting of any
game of
chance as
provided in division
(D) | 103 |
of
section 2915.02 of
the
Revised
Code.
A charitable organization | 104 |
that is exempt from federal income taxation under subsection | 105 |
501(a) and described in subsection 501(c)(3) of the Internal | 106 |
Revenue Code and that is created by a veteran's organization, a | 107 |
fraternal organization, or a sporting organization does not have | 108 |
to have been in continuous
existence as such in this state for a | 109 |
period of two years
immediately preceding either the making of an | 110 |
application for a
bingo license under section 2915.08 of the | 111 |
Revised Code or the
conducting of any game of chance as provided | 112 |
in division (D) of section 2915.02 of the Revised Code. | 113 |
(K)
"Veteran's organization" means any individual post or | 123 |
state headquarters of
a
national veteran's association or an | 124 |
auxiliary unit of any
individual post of a national veteran's | 125 |
association, which post, state headquarters,
or
auxiliary unit has | 126 |
been in continuous existence in this state for at least two years | 127 |
and incorporated as a nonprofit
corporation
and either has | 128 |
received a letter from
the state
headquarters of the national | 129 |
veteran's association
indicating that
the individual post or | 130 |
auxiliary unit is in good
standing with the
national veteran's | 131 |
association or has received a letter from the national veteran's | 132 |
association indicating that the state headquarters is in good | 133 |
standing with the national veteran's association. As used in
this | 134 |
division,
"national veteran's association" means any
veteran's | 135 |
association
that has been in continuous existence as
such for a | 136 |
period of at
least
five years and either is
incorporated by an act | 137 |
of the
United States congress or has a
national dues-paying | 138 |
membership of
at least five thousand
persons. | 139 |
(M)
"Fraternal organization" means any society, order, state | 146 |
headquarters, or
association within this state, except a college | 147 |
or high school
fraternity, that is not organized for profit, that | 148 |
is a branch,
lodge, or chapter of a national or state | 149 |
organization, that
exists
exclusively for the common business or | 150 |
sodality of its
members,
and that has been in continuous existence | 151 |
in this state
for a
period of
five
years. | 152 |
(1) Any organization, not
organized for profit, that is | 158 |
organized and operated exclusively
to provide, or to contribute to | 159 |
the support of organizations or
institutions organized and | 160 |
operated exclusively to provide,
medical and therapeutic services | 161 |
for persons who are crippled,
born with birth defects, or have any | 162 |
other mental or physical
defect or those organized and operated | 163 |
exclusively to protect, or
to contribute to the support of | 164 |
organizations or institutions
organized and operated exclusively | 165 |
to protect, animals from
inhumane treatment or provide immediate | 166 |
shelter to victims of domestic violence; | 167 |
(2) Any organization that is described in subsection | 168 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 169 |
and is either a governmental unit or an organization that is tax | 170 |
exempt under subsection 501(a) and described in subsection | 171 |
501(c)(3) of the Internal Revenue Code and that is an | 172 |
organization, not organized for profit, that is organized and | 173 |
operated primarily to provide, or to contribute to the support of | 174 |
organizations or institutions organized and operated primarily to | 175 |
provide, medical and therapeutic services for persons who are | 176 |
crippled, born with birth defects, or have any other mental or | 177 |
physical defect. | 178 |
(2) Any organization that is described and qualified under | 187 |
subsection 501(c)(3) of the Internal Revenue Code, that has been | 188 |
incorporated as a nonprofit corporation for at least five years, | 189 |
and that has continuously operated and will be operated primarily | 190 |
to provide, or to contribute to the support of organizations or | 191 |
institutions organized and operated primarily to provide, | 192 |
hospital, medical, research, or therapeutic services for the | 193 |
public. | 194 |
(c) A bingo game operator announces combinations of
letters | 218 |
and numbers that appear on objects that a bingo game
operator | 219 |
selects by chance, either manually or mechanically, from
a | 220 |
receptacle that contains seventy-five objects at the beginning
of | 221 |
each game, each object marked by a different combination of a | 222 |
letter and a number that corresponds to one of the seventy-five | 223 |
possible combinations of a letter and a number that can appear on | 224 |
the bingo cards
or sheets. | 225 |
(U)
"Bingo game operator" means any person, except
security | 236 |
personnel, who performs work or labor at the site of
bingo, | 237 |
including, but not limited to, collecting money from
participants, | 238 |
handing out bingo cards or
sheets or objects to cover spaces
on
| 239 |
bingo
cards
or sheets, selecting from a receptacle the objects | 240 |
that
contain the
combination of letters and numbers that appear on
| 241 |
bingo cards
or sheets,
calling out the combinations of letters
and | 242 |
numbers,
distributing
prizes,
selling or redeeming instant
bingo | 243 |
tickets or cards, supervising
the operation of a punch
board, | 244 |
selling raffle tickets,
selecting
raffle tickets from a
receptacle | 245 |
and announcing the winning
numbers
in a raffle, and
preparing, | 246 |
selling, and serving food or
beverages. | 247 |
(X)
"Gross receipts" means all money or assets, including | 257 |
admission fees, that a person receives from
bingo
without the | 258 |
deduction of any amounts for
prizes paid out
or for the expenses | 259 |
of
conducting
bingo.
"Gross receipts" does not include
any money | 260 |
directly taken in from the sale of food or beverages by
a | 261 |
charitable organization conducting
bingo, or by a
bona
fide | 262 |
auxiliary unit or society of a charitable organization
conducting | 263 |
bingo,
provided all of the following apply: | 264 |
(Y)
"Security personnel" includes any person who either is
a | 273 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 274 |
constable, or member of an organized police department of a | 275 |
municipal corporation or has successfully completed a peace | 276 |
officer's training course pursuant to sections 109.71 to 109.79
of | 277 |
the Revised Code and who is hired to provide security for the | 278 |
premises on which
bingo
is conducted. | 279 |
(2)
A veteran's organization that is a post, chapter,
or | 288 |
organization of
veterans, or an auxiliary unit or society
of, or a | 289 |
trust or
foundation for, any such post, chapter, or
organization | 290 |
organized
in the United States or any of its
possessions, at least | 291 |
seventy-five per cent of the members of
which are
veterans and | 292 |
substantially all of the other members
of which are individuals | 293 |
who are
spouses, widows, or widowers of
veterans, or such | 294 |
individuals,
provided that no part of the net
earnings of such | 295 |
post, chapter,
or
organization inures to the benefit of
any | 296 |
private shareholder
or
individual, and further provided that
the
| 297 |
net profit is used by the post, chapter, or
organization for
the | 298 |
charitable
purposes set forth in division (B)(12) of section | 299 |
5739.02 of the
Revised Code,
is used for awarding
scholarships
to | 300 |
or for
attendance at an institution mentioned in division
(B)(12) | 301 |
of
section 5739.02 of the Revised Code,
is donated
to
a | 302 |
governmental agency, or
is used for nonprofit youth
activities, | 303 |
the purchase of United States or Ohio flags that are
donated to | 304 |
schools, youth groups, or other bona fide nonprofit
organizations, | 305 |
promotion of patriotism, or disaster relief; | 306 |
(3) A fraternal organization
that
has been
in continuous | 307 |
existence in this state for fifteen years
and that uses
the
net | 308 |
profit
exclusively for religious, charitable, scientific, | 309 |
literary, or
educational purposes, or for the prevention of | 310 |
cruelty to
children or animals, if contributions for such use | 311 |
would qualify
as a deductible charitable contribution under | 312 |
subsection 170 of
the Internal Revenue Code; | 313 |
(BB)
"Youth athletic organization" means any organization, | 319 |
not organized for profit, that is organized and operated | 320 |
exclusively to provide financial support to, or to operate, | 321 |
athletic activities for persons who are twenty-one years of age
or | 322 |
younger by means of sponsoring, organizing, operating, or | 323 |
contributing to the support of an athletic team, club, league, or | 324 |
association. | 325 |
(a) The playing fields are used at least one hundred days
per | 331 |
year for athletic activities by one or more organizations,
not | 332 |
organized for profit, each of which is organized and operated | 333 |
exclusively to provide financial support to, or to operate, | 334 |
athletic activities for persons who are eighteen years of age or | 335 |
younger by means of sponsoring, organizing, operating, or | 336 |
contributing to the support of an athletic team, club, league, or | 337 |
association. | 338 |
(EE)
"Bingo supplies" means bingo
cards or sheets; instant | 351 |
bingo tickets or
cards; electronic bingo
aids; raffle tickets; | 352 |
punch boards; seal
cards;
instant bingo
ticket dispensers; and | 353 |
devices for selecting
or
displaying
the
combination of bingo | 354 |
letters and numbers or
raffle
tickets. Items
that are
"bingo | 355 |
supplies" are not
gambling
devices
if sold or
otherwise provided, | 356 |
and used, in accordance
with this
chapter. For
purposes of this | 357 |
chapter, "bingo supplies"
are not to be
considered equipment used | 358 |
to conduct a bingo game. | 359 |
(FF)
"Instant bingo" means a form of
bingo that uses folded | 360 |
or banded tickets or paper cards with
perforated break-open tabs, | 361 |
a face of which is covered or
otherwise hidden from view to | 362 |
conceal a number, letter, or
symbol, or set of numbers, letters, | 363 |
or symbols, some of which
have been designated in advance as prize | 364 |
winners. "Instant bingo" includes seal cards. "Instant bingo"
does | 365 |
not include any device that is activated by
the insertion of
a | 366 |
coin, currency, token, or an equivalent, and that
contains as
one | 367 |
of its components a video display monitor that is
capable of | 368 |
displaying numbers, letters, symbols, or characters in
winning or | 369 |
losing combinations. | 370 |
(II)
"Punch board" means a board
containing a number of
holes | 381 |
or receptacles of uniform size in
which are placed,
mechanically | 382 |
and randomly, serially numbered
slips of paper that
may be punched | 383 |
or drawn from the hole or
receptacle when used in
conjunction with | 384 |
instant bingo. A player
may punch or draw the
numbered slips of | 385 |
paper from the holes or
receptacles and obtain
the prize | 386 |
established for the game if the
number drawn corresponds
to a | 387 |
winning number or, if the punch
board includes the use of a
seal | 388 |
card, a potential winning
number. | 389 |
(11) Expenses for maintaining and operating a charitable | 407 |
organization's facilities, including, but not limited to, a post | 408 |
home, club house, lounge, tavern, or canteen and any grounds | 409 |
attached to the post home, club house, lounge, tavern, or canteen; | 410 |
(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) of the | 496 |
Internal Revenue Code and is a charitable organization as defined | 497 |
in this section. A "charitable instant bingo organization" does | 498 |
not include a charitable organization that is exempt from federal | 499 |
income taxation under subsection 501(a) and described in | 500 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 501 |
created by a veteran's organization, a fraternal organization, or | 502 |
a sporting organization in
regards to bingo conducted or assisted | 503 |
by a veteran's organization, a fraternal organization, or a | 504 |
sporting organization pursuant to section 2915.13 of the
Revised | 505 |
Code. | 506 |
(ZZ) "Historic railroad educational organization" means an | 520 |
organization that is exempt from federal income taxation under | 521 |
subsection 501(a) and described in subsection 501(c)(3) of the | 522 |
Internal Revenue Code, that owns in fee simple the tracks and the | 523 |
right of way of a historic railroad that the organization restores | 524 |
or maintains and on which the organization provides excursions as | 525 |
part of a program to promote tourism and educate visitors | 526 |
regarding the role of railroad transportation in Ohio history, and | 527 |
that received as donations from a charitable organization that | 528 |
holds a license to conduct bingo under this chapter an amount | 529 |
equal to at least fifty per cent of that licensed charitable | 530 |
organization's net proceeds from the conduct of bingo during each | 531 |
of the five years preceding June 30, 2003. "Historic railroad" | 532 |
means all or a portion of the tracks and right-of-way of a | 533 |
railroad that was owned and operated by a for profit common | 534 |
carrier in this state at any time prior to January 1, 1950. | 535 |
(AAA)(1) "Skill-based amusement machine" means a skill-based | 536 |
amusement device, such as a mechanical, electronic, video, or | 537 |
digital device, or machine, whether or not the skill-based | 538 |
amusement machine requires payment for use through a coin or bill | 539 |
validator or other payment of consideration or value to | 540 |
participate in the machine's offering or to activate the machine, | 541 |
provided that all of the following apply: | 542 |
(a) As used in this section, "task," "game," and "play" mean | 553 |
one event from the initial activation of the machine until the | 554 |
results of play are determined without payment of additional | 555 |
consideration. An individual utilizing a machine that involves a | 556 |
single task, game, play, contest, competition, or tournament may | 557 |
be awarded prizes based on the results of play. | 558 |
(c) To the extent that the machine is used in a contest, | 564 |
competition, or tournament, that contest, competition, or | 565 |
tournament has a defined starting and ending date and is open to | 566 |
participants in competition for scoring and ranking results toward | 567 |
the awarding of prizes that are stated prior to the start of the | 568 |
contest, competition, or tournament. | 569 |
(CCC) "Sporting organization" means a hunting, fishing, or | 574 |
trapping organization, other than a college or high school | 575 |
fraternity or sorority, that is not organized for profit, that is | 576 |
affiliated with a state or national sporting organization, | 577 |
including but not limited to, the Ohio League of sportsmen, and | 578 |
that has been in continuous existence in this state for a period | 579 |
of three years. | 580 |
(DDD) "Chamber of commerce" means an organization of | 581 |
individuals, professionals, and businesses that has the purpose to | 582 |
advance the commercial, financial, industrial, and civic interests | 583 |
of the community and that is, and has received from the internal | 584 |
revenue service a determination letter that currently is in effect | 585 |
stating that the organization is, exempt from federal income | 586 |
taxation under subsection 501(a) and described in subsection | 587 |
501(c)(6) of the Internal Revenue Code. | 588 |
(E)(1)
No distributor shall sell, offer to
sell, or
otherwise | 639 |
provide or offer to provide bingo supplies to
any person, or | 640 |
modify, convert, add to, or remove parts from bingo supplies to | 641 |
further their promotion or sale,
for use
in this state except to | 642 |
or for the use of a charitable organization that has
been
issued a | 643 |
license under section 2915.08 of the Revised Code or
to
another | 644 |
distributor that has been issued a license
under this
section. No | 645 |
distributor shall accept payment for
the sale or
other
provision | 646 |
of bingo
supplies other than by check. | 647 |
(2)
No distributor may donate, give, loan, lease, or | 648 |
otherwise provide any bingo supplies or equipment, or modify, | 649 |
convert, add to, or remove parts from bingo supplies to further | 650 |
their promotion or sale, to or for the use of a charitable | 651 |
organization
for use in a bingo session conditioned on or in | 652 |
consideration for
an exclusive right to provide bingo supplies to | 653 |
the charitable
organization. A distributor may provide a licensed | 654 |
charitable organization with free samples of the distributor's | 655 |
products to be used as prizes or to be used for the purpose of | 656 |
sampling. | 657 |
(2) Except as otherwise provided in division (A)(3) of this | 692 |
section, use all of the gross receipts from
bingo
for
paying | 693 |
prizes,
for reimbursement of expenses for or for
renting premises | 694 |
in which to conduct a bingo session,
for reimbursement of expenses | 695 |
for or for purchasing or leasing bingo
supplies
used in conducting
| 696 |
bingo,
for reimbursement of expenses for or for hiring
security | 697 |
personnel,
for reimbursement of expenses for or for advertising
| 698 |
bingo, or for reimbursement of other expenses or for
other | 699 |
expenses listed in division (LL) of section 2915.01 of the
Revised | 700 |
Code,
provided that the amount of the receipts so spent is
not | 701 |
more than
is customary and reasonable for a similar purchase, | 702 |
lease, hiring,
advertising,
or expense. If the
building in which
| 703 |
bingo is
conducted is owned by the
charitable
organization | 704 |
conducting
bingo and the bingo
conducted includes
a form of bingo | 705 |
described
in division
(S)(1) of
section 2915.01 of
the Revised | 706 |
Code, the charitable
organization
may deduct from
the
total amount | 707 |
of the gross
receipts from each
session a sum
equal
to the lesser | 708 |
of six
hundred dollars or
forty-five
per cent of the
gross | 709 |
receipts from
the
bingo
described in
that division
as | 710 |
consideration for
the use of the
premises. | 711 |
(3)
Use, or give, donate, or otherwise transfer, all
of the | 712 |
net profit derived from bingo, other than instant bingo,
for a | 713 |
charitable purpose
listed in its license
application and
described | 714 |
in division (Z) of
section 2915.01 of the
Revised Code,
or | 715 |
distribute all of the net profit from the proceeds of the sale of | 716 |
instant bingo as
stated in its license application and in | 717 |
accordance with section
2915.101 of the Revised Code. | 718 |
(1)
Conduct the bingo game on premises that are owned by
the | 722 |
charitable organization, on premises that are owned by
another | 723 |
charitable organization and leased from that charitable | 724 |
organization for a rental rate not in excess of
the lesser of
six | 725 |
hundred
dollars per bingo session
or forty-five per cent
of the | 726 |
gross receipts of
the bingo session, on premises that are
leased | 727 |
from a
person other than a charitable organization for a
rental | 728 |
rate
that is not more than is customary and reasonable for | 729 |
premises
that are similar in location, size, and quality but not | 730 |
in excess
of four hundred fifty dollars per bingo session, or on | 731 |
premises
that are owned by a person other than a charitable | 732 |
organization,
that are leased from that person by another | 733 |
charitable
organization, and that are subleased from that other | 734 |
charitable
organization by the charitable organization for a | 735 |
rental rate not
in excess of four hundred fifty dollars per bingo | 736 |
session.
If the
charitable organization leases from a person
other | 737 |
than a
charitable organization the premises on which it
conducts | 738 |
bingo
sessions, the lessor of the premises shall
provide
only the | 739 |
premises
to the organization and shall not
provide the | 740 |
organization with
bingo game operators, security
personnel, | 741 |
concessions or
concession operators, bingo
supplies, or any other | 742 |
type of
service or equipment. A charitable
organization shall not | 743 |
lease
or sublease premises that it owns or
leases to more than one | 744 |
other charitable organization per calendar
week for the purpose
of | 745 |
conducting bingo
sessions on the
premises. A person that is not
a | 746 |
charitable organization shall
not lease premises that it owns, | 747 |
leases, or otherwise is empowered
to lease to more than one | 748 |
charitable organization per calendar
week for conducting bingo
| 749 |
sessions on the premises. In no
case shall more than two bingo | 750 |
sessions be conducted on any
premises in any calendar week. | 751 |
(1) Pay any compensation to a bingo game operator for | 760 |
operating a bingo
session that is conducted by the charitable | 761 |
organization or for preparing, selling, or serving food or | 762 |
beverages at the site of the bingo
session, permit any
auxiliary | 763 |
unit
or society of the charitable organization to pay
compensation | 764 |
to
any bingo game operator who prepares, sells, or
serves food or | 765 |
beverages at a bingo session conducted by the
charitable | 766 |
organization, or permit any auxiliary unit or society
of the | 767 |
charitable organization to prepare, sell, or serve food or | 768 |
beverages at a bingo session conducted by the charitable | 769 |
organization, if the auxiliary unit or society pays any | 770 |
compensation to the bingo game operators who prepare, sell, or | 771 |
serve the food or beverages; | 772 |
(6) Conduct a bingo session at any time during the
ten-hour | 789 |
period between midnight and ten a.m., at any time
during, or | 790 |
within ten hours of, a bingo game conducted for
amusement only | 791 |
pursuant to section 2915.12 of the Revised Code,
at any
premises | 792 |
not specified on its
license, or on any day
of the
week or
during | 793 |
any time period not specified on its
license. Division (A)(6) of | 794 |
this section does not prohibit the sale of instant bingo tickets | 795 |
beginning at nine a.m. for a bingo session that begins at ten a.m. | 796 |
If
circumstances
make it
impractical
for the
charitable | 797 |
organization to conduct a bingo session at the
premises, or on the | 798 |
day of the week or at the time,
specified on its
license or if a | 799 |
charitable
organization
wants to conduct bingo sessions on a day | 800 |
of the week
or at a time
other than the day or time specified on | 801 |
its
license, the
charitable organization may apply in writing to | 802 |
the
attorney
general for an amended
license pursuant to
division | 803 |
(F) of
section 2915.08 of the Revised Code. A
charitable | 804 |
organization
may apply
twice in each
calendar year
for
an amended | 805 |
license to conduct bingo sessions on a day of the
week
or at a | 806 |
time other than the day or time specified on its
license.
If
the | 807 |
amended license is granted, the
organization may
conduct
bingo | 808 |
sessions at the
premises, on the
day of the
week, and at
the
time | 809 |
specified on its amended
license. | 810 |
(D)(1)
Except as otherwise provided in division (D)(3) of | 860 |
this section,
no
charitable organization shall provide to a bingo | 861 |
game operator,
and no
bingo game operator shall
receive or accept, | 862 |
any
commission, wage, salary, reward, tip, donation, gratuity, or | 863 |
other form of compensation, directly or indirectly, regardless of | 864 |
the source, for
conducting bingo
or
providing
other work or
labor | 865 |
at the site of
bingo during a bingo session. | 866 |
(2) Except as otherwise provided in division (D)(3) of this | 867 |
section, no charitable organization shall provide to a bingo game | 868 |
operator any commission, wage, salary, reward, tip, donation, | 869 |
gratuity, or other form of compensation, directly or indirectly, | 870 |
regardless of the source, for conducting instant bingo other than | 871 |
at a bingo session at the site of instant bingo other than at a | 872 |
bingo session. | 873 |
(E) Notwithstanding division
(B)(1)
of this
section, a | 880 |
charitable organization that, prior to December 6,
1977,
has | 881 |
entered into written agreements for the lease of
premises it owns | 882 |
to another charitable organization or other
charitable | 883 |
organizations for the conducting of bingo sessions so
that more | 884 |
than two bingo sessions are conducted per calendar week
on the | 885 |
premises, and a person that is not a charitable
organization and | 886 |
that, prior to December 6, 1977, has entered into
written | 887 |
agreements for the lease of premises it owns to charitable | 888 |
organizations for the conducting of more than two bingo sessions | 889 |
per calendar week on the premises, may continue to lease the | 890 |
premises to those charitable organizations, provided that no more | 891 |
than four sessions are conducted per calendar week, that the | 892 |
lessor organization or person has notified the attorney general
in | 893 |
writing of the organizations that will conduct the sessions
and | 894 |
the days of the week and the times of the day on which the | 895 |
sessions will be conducted, that the initial lease entered into | 896 |
with each organization that will conduct the sessions was filed | 897 |
with the attorney general prior to December 6, 1977, and that
each | 898 |
organization that will conduct the sessions was issued a
license | 899 |
to conduct bingo games by the attorney general prior to
December | 900 |
6, 1977. | 901 |
(G) Whoever violates division (A)(2) of this section is | 905 |
guilty of illegally conducting a bingo game, a felony of the | 906 |
fourth degree.
Except as otherwise provided in this
division, | 907 |
whoever violates division (A)(1)
or (3),
(B)(1), (2),
or
(3),
| 908 |
(C)(1) to (12), or (D) of this section is
guilty of a
minor | 909 |
misdemeanor. If the offender previously has
been convicted
of a | 910 |
violation of division (A)(1)
or (3),
(B)(1),
(2),
or
(3),
(C)(1) | 911 |
to (11), or, (D) of this
section, a violation of
division
(A)(1) | 912 |
or (3),
(B)(1),
(2),
or
(3),
(C),
or
(D)
of
this section is a | 913 |
misdemeanor of the first degree.
Whoever violates division (C)(12) | 914 |
of this section is guilty of a misdemeanor of the first degree, if | 915 |
the offender previously has been convicted of a violation of | 916 |
division (C)(12) of this section, a felony of the fourth degree. | 917 |
Sec. 2915.092. (A)
A(1) Subject to division (A)(2) of this | 918 |
section, a charitable organization, a public school, a chartered | 919 |
nonpublic school, a community school, or a veteran's organization, | 920 |
fraternal organization, or sporting organization that is exempt | 921 |
from federal income taxation under subsection 501(a) and is | 922 |
described in subsection 501(c)(3), 501(c)(4), or 501(c)(7), | 923 |
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code | 924 |
may conduct a raffle to raise money for the organization or school | 925 |
and does not need
a
license to conduct bingo in order to conduct a | 926 |
raffle drawing that is not for profit. | 927 |
(2) If a charitable organization that is described in | 928 |
division (A)(1) of this section, but that is not also described in | 929 |
subsection 501(c)(3) of the Internal Revenue Code, conducts a | 930 |
raffle, the charitable organization shall distribute at least | 931 |
fifty per cent of the net profit from the raffle to a charitable | 932 |
purpose described in division (Z) of section 2915.01 of the | 933 |
Revised Code or to a department or agency of the federal | 934 |
government, the state, or any political subdivision. | 935 |
Sec. 2915.093. (A) As used in this section, "retail income | 947 |
from all commercial activity" includesmeans the income that a | 948 |
person receives from the provision of goods, services, or | 949 |
activities that are provided at the location where instant bingo | 950 |
other than at a bingo session is conducted, including the sale of | 951 |
instant bingo
tickets. A religious organization that is exempt | 952 |
from federal income taxation under subsection 501(a) and described | 953 |
in subsection 501(c)(3) of the Internal Revenue Code, at not more | 954 |
than one location at which it conducts its charitable programs, | 955 |
may include donations from its members and guests as retail | 956 |
income. | 957 |
(C)(1) If a charitable instant bingo organization conducts | 961 |
instant bingo other than at a bingo session, the charitable | 962 |
instant bingo organization shall enter into a written contract | 963 |
with the owner or lessor of the location at which the instant | 964 |
bingo is conducted to allow the owner or lessor to assist in the | 965 |
conduct of instant bingo other than at a bingo session, identify | 966 |
each location where the instant bingo other than at a bingo | 967 |
session is being conducted, and identify the owner or lessor of | 968 |
each location. | 969 |
(2) A charitable instant bingo organization that conducts | 970 |
instant bingo other than at a bingo session is not required to | 971 |
enter into a written contract with the owner or lessor of the | 972 |
location at which the instant bingo is conducted, provided that | 973 |
the owner or lessor is not assisting in the conduct of the instant | 974 |
bingo other than at a bingo session and provided that the conduct | 975 |
of the instant bingo other than at a bingo session at that | 976 |
location is not more than five days per calendar year and not more | 977 |
than ten hours per day. | 978 |
(E) The owner or lessor of a location that enters into a | 984 |
contract pursuant to division (C) of this section shall pay up | 985 |
front for the cost of the deal of instant bingo tickets and the | 986 |
full
gross profits that would be earned by the owner or lessor if | 987 |
all
of theprofit to the charitable instant bingo organization, in | 988 |
return for the deal of instant bingo tickets are sold. The owner | 989 |
or lessor may
retain the money that the owner or lessor receives | 990 |
for selling the
instant bingo tickets up to the amount that it | 991 |
paid to the
charitable instant bingo organization. If the owner or | 992 |
lessor of
the location earns any more money than the owner or | 993 |
lessor paid
out in prizes or paid up front, the owner or lessor of | 994 |
the
location shall pay that money to the charitable instant bingo | 995 |
organization., provided, however, that after the deal has been | 996 |
sold, the owner or lessor shall pay to the charitable instant | 997 |
bingo organization the value of any unredeemed instant bingo | 998 |
prizes remaining in the deal of instant bingo tickets. | 999 |
(G) Division (D) of this section does not apply to a | 1016 |
volunteer firefighter's organization that is exempt from federal | 1017 |
income taxation under subsection 501(a) and described in | 1018 |
subsection 501(c)(3) of the Internal Revenue Code, that conducts | 1019 |
instant bingo other than at a bingo session on the premises where | 1020 |
the organization conducts firefighter training, that has conducted | 1021 |
instant bingo continuously for at least five years prior to the | 1022 |
effective date of this amendmentJuly 1, 2003, and that, during | 1023 |
each of those five years, had gross receipts of at least one | 1024 |
million five hundred thousand dollars. | 1025 |
(2) If a veteran's organization, a fraternal organization, or | 1062 |
a sporting organization
does not distribute the full percentages | 1063 |
specified in divisions
(A)(1)(b)(a) and (c)(b) of this section for | 1064 |
the purposes specified in
those divisions, the organization shall | 1065 |
distribute the balance of
the net profit from the proceeds of the | 1066 |
sale of instant bingo not distributed or retained for those | 1067 |
purposes to
an organization described in division (Z)(1) of | 1068 |
section 2915.01 of
the Revised Code. | 1069 |
(3) A veteran's organization, a fraternal organization, or a | 1070 |
sporting organization shall pay the expenses that are directly for | 1071 |
the conduct of instant bingo by check from the checking account | 1072 |
devoted exclusively to the bingo session or game and may deduct | 1073 |
and retain the remainder of the thirty-five per cent of the net | 1074 |
profit from the proceeds of the sale of instant bingo that is for | 1075 |
the organization's expenses in conducting the instant bingo game | 1076 |
and may transfer that remainder into the organization's general | 1077 |
account. | 1078 |
(B) If a charitable organization other than a veteran's | 1079 |
organization, a fraternal organization, or a sporting organization | 1080 |
conducted the instant
bingo, the organization shall distribute one | 1081 |
hundred per cent of the net profit from the proceeds of the sale | 1082 |
of instant bingo to an
organization
described in division (Z)(1) | 1083 |
of section 2915.01 of
the Revised
Code or to a department or | 1084 |
agency of the federal
government, the
state, or any political | 1085 |
subdivision. | 1086 |
(C) Nothing in this section prohibits a veteran's | 1087 |
organization, a fraternal organization, or a sporting organization | 1088 |
from distributing any net profit from the proceeds of the sale of | 1089 |
instant bingo to an organization that is described in subsection | 1090 |
501(c)(3) of the Internal Revenue Code when the organization that | 1091 |
is described in subsection 501(c)(3) of the Internal Revenue Code | 1092 |
is one that makes donations to other organizations and permits | 1093 |
donors to advise or direct such donations so long as the donations | 1094 |
comply with requirements established in or pursuant to subsection | 1095 |
501(c)(3) of the Internal Revenue Code. | 1096 |
(3) The veteran's organization, fraternal organization, or | 1110 |
sporting organization is
raising money for an organization that is | 1111 |
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the | 1112 |
Internal Revenue Code and is either a governmental unit or an | 1113 |
organization that maintains its principal place of business in | 1114 |
this state, that is exempt from federal income taxation under | 1115 |
subsection 501(a) and described in subsection 501(c)(3) of the | 1116 |
Internal Revenue Code, and that is in good standing in this state | 1117 |
and executes a written
contract with that organization as required | 1118 |
in division
(B) of this section. | 1119 |
(B) If a veteran's organization, fraternal organization, or | 1120 |
sporting organization
authorized to conduct instant bingo pursuant | 1121 |
to division (A) of
this section is raising money for another | 1122 |
organization that is described in subsection 509(a)(1), 509(a)(2), | 1123 |
or 509(a)(3) of the Internal Revenue Code and is either a | 1124 |
governmental unit or an organization that maintains its principal | 1125 |
place of business in this state, that is exempt from federal | 1126 |
income taxation under subsection 501(a) and described in | 1127 |
subsection 501(c)(3) of the Internal Revenue Code, and that is in | 1128 |
good standing in this state,
the veteran's organization, fraternal | 1129 |
organization, or sporting organization shall execute
a written | 1130 |
contract with the organization that is described in subsection | 1131 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 1132 |
and is either a governmental unit or an organization that | 1133 |
maintains its principal place of business in this state, that is | 1134 |
exempt from federal income taxation under subsection 501(a) and | 1135 |
described in subsection 501(c)(3) of the Internal Revenue Code, | 1136 |
and that is in good standing in this state in order to
conduct | 1137 |
instant bingo. That contract shall include a statement of
the | 1138 |
percentage of the net proceeds that the veteran's, fraternal, or | 1139 |
sporting
organization will be distributing to the organization | 1140 |
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) | 1141 |
of the Internal Revenue Code and is either a governmental unit or | 1142 |
an organization that maintains its principal place of business in | 1143 |
this state, that is exempt from federal income taxation under | 1144 |
subsection 501(a) and described in subsection 501(c)(3) of the | 1145 |
Internal Revenue Code, and that is in good standing in this state. | 1146 |
(C)(1) If a veteran's organization, fraternal organization, | 1147 |
or sporting organization
authorized to conduct instant bingo | 1148 |
pursuant to division (A) of
this section has been issued a liquor | 1149 |
permit under Chapter 4303.
of the Revised Code, that permit may be | 1150 |
subject to suspension,
revocation, or cancellation if the | 1151 |
veteran's organization,
fraternal organization, or sporting | 1152 |
organization violates a provision of sections 2915.01 to
2915.13 | 1153 |
of the Revised Codethis chapter. | 1154 |
(1) "Charitable organization," "veteran's organization," | 1176 |
"fraternal organization," "bingo," "gross receipts," "charitable | 1177 |
purpose," "instant bingo," "net profit," "net profit from the sale | 1178 |
of instant bingo," and "sporting organization" have the same | 1179 |
meanings as in section 2915.01 of the Revised Code, as amended by | 1180 |
Sections 1 and 2 of this act. | 1181 |
(B) If a charitable organization, as a prerequisite to or | 1185 |
condition of obtaining a license for the conduct of bingo, instant | 1186 |
bingo at a bingo session, or instant bingo other than at a bingo | 1187 |
session, entered into a charitable settlement with the Attorney | 1188 |
General on or after July 1, 2003, and before September 1, 2003, | 1189 |
that was based on illegal gambling citations involving the | 1190 |
charitable organization within the five years prior to June 30, | 1191 |
2003, if the charitable organization paid funds to the Attorney | 1192 |
General, a charity, or a charitable cause pursuant to that | 1193 |
charitable settlement, if some or all of the funds so paid were | 1194 |
based on illegal gambling citations involving the charitable | 1195 |
organization within the three years prior to June 30, 2001, and if | 1196 |
the charitable organization obtained a license for the conduct of | 1197 |
bingo, instant bingo at a bingo session, or instant bingo other | 1198 |
than at a bingo session, all of the following apply: | 1199 |
(a) If the charitable organization conducts bingo other than | 1208 |
instant bingo and does not conduct instant bingo, the Attorney | 1209 |
General shall apply the amount determined under division (B)(1) of | 1210 |
this section as if it were net profit derived from bingo toward a | 1211 |
charitable purpose for which the charitable organization must use, | 1212 |
or give, donate, or otherwise transfer, the net profit derived | 1213 |
from the bingo, other than instant bingo, as described in division | 1214 |
(A)(3) of section 2915.09 of the Revised Code; the charitable | 1215 |
organization may subtract that amount so applied from the actual | 1216 |
net profit the charitable organization derives from bingo in the | 1217 |
twelve-month period ending October 31, 2004, and that, but for the | 1218 |
operation of this section, it would be required to use, or give, | 1219 |
donate, or otherwise transfer, toward a charitable purpose, as | 1220 |
described in division (A)(3) of section 2915.09 of the Revised | 1221 |
Code; and the charitable organization may use the amount of net | 1222 |
profit it derives from bingo in the twelve-month period ending | 1223 |
October 31, 2004, and that is subtracted from the actual net | 1224 |
profit pursuant to this division for any other purpose for which | 1225 |
the use of gross receipts from bingo is permitted under section | 1226 |
2915.09 of the Revised Code. | 1227 |
(b) If the charitable organization conducts instant bingo and | 1228 |
does not conduct bingo other than instant bingo, the Attorney | 1229 |
General shall apply the amount determined under division (B)(1) of | 1230 |
this section as if it were net profit from the proceeds of the | 1231 |
sale of instant bingo toward an organization or a department or | 1232 |
agency of the federal government, the state, or a political | 1233 |
subdivision to which the charitable organization must distribute a | 1234 |
specified percentage of the net profit pursuant to division | 1235 |
(A)(1)(a) or (b) of section 2915.101 of the Revised Code if the | 1236 |
charitable organization is a veteran's organization, fraternal | 1237 |
organization, or sporting organization or pursuant to division (B) | 1238 |
of that section if the charitable organization is other than a | 1239 |
veteran's organization, fraternal organization, or sporting | 1240 |
organization; the charitable organization may subtract that amount | 1241 |
so applied from the actual net profit the charitable organization | 1242 |
makes from the proceeds of the sale of instant bingo in the | 1243 |
twelve-month period ending October 31, 2004, and that, but for the | 1244 |
operation of this section, it would be required to distribute to | 1245 |
an organization or a department or agency of the federal | 1246 |
government, the state, or a political subdivision pursuant to | 1247 |
division (A)(1)(a) or (b) or (B) of section 2915.101 of the | 1248 |
Revised Code, whichever is applicable; and the charitable | 1249 |
organization may use the amount of net profit it makes from the | 1250 |
proceeds of the sale of instant bingo in the twelve-month period | 1251 |
ending October 31, 2004, and that is subtracted from the actual | 1252 |
net profit pursuant to this division for any other purpose for | 1253 |
which the use of gross receipts from instant bingo is permitted | 1254 |
under section 2915.09 of the Revised Code. | 1255 |
(c) If the charitable organization conducts bingo other than | 1256 |
instant bingo and also conducts instant bingo, initially, division | 1257 |
(B)(2)(b) of this section shall be applied to the amount | 1258 |
determined under division (B)(1) of this section; if, after | 1259 |
application of division (B)(2)(b) of this section, some of the | 1260 |
amount determined under division (B)(1) of this section has not | 1261 |
been applied toward a charitable purpose in the manner described | 1262 |
in division (B)(2)(b) of this section, division (B)(2)(a) of this | 1263 |
section shall be applied to the remainder of the amount determined | 1264 |
under division (B)(1) of this section. | 1265 |
(C) A charitable organization that, pursuant to division | 1266 |
(B)(2) of this section, uses any amount of net profit it derives | 1267 |
from bingo or instant bingo in the twelve-month period ending | 1268 |
October 31, 2004, for any purpose for which the use of gross | 1269 |
receipts from bingo or instant bingo is permitted under section | 1270 |
2915.09 of the Revised Code shall maintain for at least three | 1271 |
years from the date of that use an itemized list of each use so | 1272 |
made. The charitable organization shall keep the record at a place | 1273 |
described in division (B) of section 2915.10 of the Revised Code | 1274 |
and shall notify the Attorney General of the location at which the | 1275 |
record is kept, and divisions (H) and (I) of that section apply | 1276 |
regarding the record. | 1277 |
Section 4. Section 2915.01 of the Revised Code is presented | 1278 |
in
this act as a composite of the section as amended by both Am. | 1279 |
Sub. H.B. 95 and Am. Sub. S.B. 37 of
the 125th General Assembly. | 1280 |
The General Assembly, applying the
principle stated in division | 1281 |
(B) of section 1.52 of the Revised
Code that amendments are to be | 1282 |
harmonized if reasonably capable of
simultaneous operation, finds | 1283 |
that the composite is the resulting
version of the section in | 1284 |
effect prior to the effective date of
the section as presented in | 1285 |
this act. | 1286 |