SENATOR Mumper

To amend sections 1711.09, 2915.01, 2915.081,

1

2915.09, 2915.092, 2915.093, 2915.101, and 2915.13

2

of the Revised Code to revise the Charitable Bingo

3

Law.

4

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

Section 1. That sections 1711.09, 2915.01, 2915.081, 2915.09,	5
2915.092, 2915.093, 2915.101, and 2915.13 of the Revised Code be	6
amended to read as follows:	7

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

Any sales of intoxicating liquor transacted on the fairground	30
shall be subject to Chapters 4301., 4303., and 4399. of the	31
Revised Code.	32

Any agricultural society that permits the sale of	33
intoxicating liquor on its fairground shall apply any proceeds	34
gained by the society from the permit holder and from activities	35
coincident to the sale of intoxicating liquor first to pay the	36
cost of insurance on all buildings on the fairground, and then for	37
any other purpose authorized by law.	38

Sec. 2915.01.  As used in this chapter:

39

(A) "Bookmaking" means the business of receiving or paying	40
off bets.	41

(B) "Bet" means the hazarding of anything of value upon the	42
result of an event, undertaking, or contingency, but does not	43
include a bona fide business risk.	44

(C) "Scheme of chance" means a slot machine, lottery, numbers	45
game, pool conducted for profit, or other scheme in which a	46
participant gives a valuable consideration for a chance to win a	47
prize, but does not include bingo, a skill-based amusement	48
machine, or a pool not conducted for profit.	49

(D) "Game of chance" means poker, craps, roulette, or other	50
game in which a player gives anything of value in the hope of	51
gain, the outcome of which is determined largely by chance, but	52
does not include bingo.	53

(E) "Game of chance conducted for profit" means any game of	54
chance designed to produce income for the person who conducts or	55
operates the game of chance, but does not include bingo.	56

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

57

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

58

(2) A ticket, token, or other device representing a chance,	59
share, or interest in a scheme of chance or evidencing a bet;	60

(3) A deck of cards, dice, gaming table, roulette wheel, slot	61
machine, or other apparatus designed for use in connection with a	62
game of chance;	63

(4) Any equipment, device, apparatus, or paraphernalia	64
specially designed for gambling purposes;	65

(5) Bingo supplies sold or otherwise provided, or used, in	66
violation of this chapter.	67

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

68

(1) A violation of section 2915.02, 2915.03, 2915.04,	69
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	70
2915.092, 2915.10, or 2915.11 of the Revised Code;	71

(2) A violation of an existing or former municipal ordinance	72
or law of this or any other state or the United States	73
substantially equivalent to any section listed in division (G)(1)	74
of this section or a violation of section 2915.06 of the Revised	75
Code as it existed prior to July 1, 1996;	76

(3) An offense under an existing or former municipal	77
ordinance or law of this or any other state or the United States,	78
of which gambling is an element;	79

(4) A conspiracy or attempt to commit, or complicity in	80
committing, any offense under division (G)(1), (2), or (3) of this	81
section.	82

(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

(I) "Religious organization" means any church, body of	114
communicants, or group that is not organized or operated for	115
profit and that gathers in common membership for regular worship	116
and religious observances.	117

(J) "Educational organization" means any organization within	118
this state that is not organized for profit, the primary purpose	119
of which is to educate and develop the capabilities of individuals	120
through instruction by means of operating or contributing to the	121
support of a school, academy, college, or university.	122

(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

(L) "Volunteer firefighter's organization" means any	140
organization of volunteer firefighters, as defined in section	141
146.01 of the Revised Code, that is organized and operated	142
exclusively to provide financial support for a volunteer fire	143
department or a volunteer fire company and that is recognized or	144
ratified by a county, municipal corporation, or township.	145

(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

(N) "Volunteer rescue service organization" means any	153
organization of volunteers organized to function as an emergency	154
medical service organization, as defined in section 4765.01 of the	155
Revised Code.	156

(O) "Service organization" means anyeither of the following:

157

(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

(P) "Nonprofit medical organization" means anyeither of the	179
following:	180

(1) Any organization that has been incorporated as a	181
nonprofit corporation for at least five years and that has	182
continuously operated and will be operated exclusively to provide,	183
or to contribute to the support of organizations or institutions	184
organized and operated exclusively to provide, hospital, medical,	185
research, or therapeutic services for the public;	186

(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

(Q) "Senior citizen's organization" means any private	195
organization, not organized for profit, that is organized and	196
operated exclusively to provide recreational or social services	197
for persons who are fifty-five years of age or older and that is	198
described and qualified under subsection 501(c)(3) of the Internal	199
Revenue Code.	200

(R) "Charitable bingo game" means any bingo game described in	201
division (S)(1) or (2) of this section that is conducted by a	202
charitable organization that has obtained a license pursuant to	203
section 2915.08 of the Revised Code and the proceeds of which are	204
used for a charitable purpose.	205

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

206

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

207

(a) The participants use bingo cards or sheets, including	208
paper formats and electronic representation or image formats, that	209
are divided into twenty-five spaces arranged in five horizontal	210
and five vertical rows of spaces, with each space, except the	211
central space, being designated by a combination of a letter and a	212
number and with the central space being designated as a free	213
space.	214

(b) The participants cover the spaces on the bingo cards or	215
sheets that correspond to combinations of letters and numbers that	216
are announced by a bingo game operator.	217

(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

(d) The winner of the bingo game includes any participant who	226
properly announces during the interval between the announcements	227
of letters and numbers as described in division (S)(1)(c) of this	228
section, that a predetermined and preannounced pattern of spaces	229
has been covered on a bingo card or sheet being used by the	230
participant.	231

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

232

(T) "Conduct" means to back, promote, organize, manage, carry	233
on, sponsor, or prepare for the operation of bingo or a game of	234
chance.	235

(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

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

248

(W) "Bingo session" means a period that includes both of the	249
following:	250

(1) Not to exceed five continuous hours for the conduct of	251
one or more games described in division (S)(1) of this section,	252
instant bingo, and seal cards;	253

(2) A period for the conduct of instant bingo and seal cards	254
for not more than two hours before and not more than two hours	255
after the period described in division (W)(1) of this section.	256

(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

(1) The auxiliary unit or society has been in existence as a	265
bona fide auxiliary unit or society of the charitable organization	266
for at least two years prior to conducting bingo.	267

(2) The person who purchases the food or beverage receives	268
nothing of value except the food or beverage and items customarily	269
received with the purchase of that food or beverage.	270

(3) The food and beverages are sold at customary and	271
reasonable prices.	272

(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

(Z) "Charitable purpose" means that the net profit of bingo,	280
other than instant bingo, is used by, or is given, donated, or	281
otherwise transferred to, any of the following:	282

(1) Any organization that is described in subsection	283
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	284
and is either a governmental unit or an organization that is tax	285
exempt under subsection 501(a) and described in subsection	286
501(c)(3) of the Internal Revenue Code;	287

(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

(4) A volunteer firefighter's organization that uses the net	314
profit for the purposes set forth in division (L) of this section.	315

(AA) "Internal Revenue Code" means the "Internal Revenue Code	316
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	317
amended.	318

(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

(CC) "Youth athletic park organization" means any	326
organization, not organized for profit, that satisfies both of the	327
following:	328

(1) It owns, operates, and maintains playing fields that	329
satisfy both of the following:	330

(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

(b) The playing fields are not used for any profit-making	339
activity at any time during the year.	340

(2) It uses the proceeds of bingo it conducts exclusively for	341
the operation, maintenance, and improvement of its playing fields	342
of the type described in division (CC)(1) of this section.	343

(DD) "Amateur athletic organization" means any organization,	344
not organized for profit, that is organized and operated	345
exclusively to provide financial support to, or to operate,	346
athletic activities for persons who are training for amateur	347
athletic competition that is sanctioned by a national governing	348
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	349
3045, 36 U.S.C.A. 373.	350

(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

(GG) "Seal card" means a form of instant bingo that uses	371
instant bingo tickets in conjunction with a board or placard that	372
contains one or more seals that, when removed or opened, reveal	373
predesignated winning numbers, letters, or symbols.	374

(HH) "Raffle" means a form of bingo in which the one or more	375
prizes are won by one or more persons who have purchased a raffle	376
ticket. The one or more winners of the raffle are determined by	377
drawing a ticket stub or other detachable section from a	378
receptacle containing ticket stubs or detachable sections	379
corresponding to all tickets sold for the raffle.	380

(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

(JJ) "Gross profit" means gross receipts minus the amount	390
actually expended for the payment of prize awards.	391

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

392

(LL) "Expenses" means the reasonable amount of gross profit	393
actually expended for all of the following:	394

(1) The purchase or lease of bingo supplies;

395

(2) The annual license fee required under section 2915.08 of	396
the Revised Code;	397

(3) Bank fees and service charges for a bingo session or game	398
account described in section 2915.10 of the Revised Code;	399

(4) Audits and accounting services;

400

(5) Safes;

401

(6) Cash registers;

402

(7) Hiring security personnel;

403

(8) Advertising bingo;

404

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

405

(10) Tables and chairs;

406

(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

(12) Any other product or service directly related to the	411
conduct of bingo that is authorized in rules adopted by the	412
attorney general under division (B)(1) of section 2915.08 of the	413
Revised Code.	414

(MM) "Person" has the same meaning as in section 1.59 of the	415
Revised Code and includes any firm or any other legal entity,	416
however organized.	417

(NN) "Revoke" means to void permanently all rights and	418
privileges of the holder of a license issued under section	419
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	420
gaming license issued by another jurisdiction.	421

(OO) "Suspend" means to interrupt temporarily all rights and	422
privileges of the holder of a license issued under section	423
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	424
gaming license issued by another jurisdiction.	425

(PP) "Distributor" means any person who purchases or obtains	426
bingo supplies and who sellsdoes either of the following:	427

(1) Sells, offers for sale, or otherwise provides or offers	428
to provide the bingo supplies to another person for use in this	429
state;	430

(2) Modifies, converts, adds to, or removes parts from the	431
bingo supplies to further their promotion or sale for use in this	432
state.	433

(QQ) "Manufacturer" means any person who assembles completed	434
bingo supplies from raw materials, other items, or subparts or who	435
modifies, converts, adds to, or removes parts from bingo supplies	436
to further their promotion or sale.	437

(RR) "Gross annual revenues" means the annual gross receipts	438
derived from the conduct of bingo described in division (S)(1) of	439
this section plus the annual net profit derived from the conduct	440
of bingo described in division (S)(2) of this section.	441

(SS) "Instant bingo ticket dispenser" means a mechanical	442
device that dispenses an instant bingo ticket or card as the sole	443
item of value dispensed and that has the following	444
characteristics:	445

(1) It is activated upon the insertion of United States	446
currency.	447

(2) It performs no gaming functions.

448

(3) It does not contain a video display monitor or generate	449
noise.	450

(4) It is not capable of displaying any numbers, letters,	451
symbols, or characters in winning or losing combinations.	452

(5) It does not simulate or display rolling or spinning	453
reels.	454

(6) It is incapable of determining whether a dispensed bingo	455
ticket or card is a winning or nonwinning ticket or card and	456
requires a winning ticket or card to be paid by a bingo game	457
operator.	458

(7) It may provide accounting and security features to aid in	459
accounting for the instant bingo tickets or cards it dispenses.	460

(8) It is not part of an electronic network and is not	461
interactive.	462

(TT)(1) "Electronic bingo aid" means an electronic device	463
used by a participant to monitor bingo cards or sheets purchased	464
at the time and place of a bingo session and that does all of the	465
following:	466

(a) It provides a means for a participant to input numbers	467
and letters announced by a bingo caller.	468

(b) It compares the numbers and letters entered by the	469
participant to the bingo faces previously stored in the memory of	470
the device.	471

(c) It identifies a winning bingo pattern.

472

(2) "Electronic bingo aid" does not include any device into	473
which a coin, currency, token, or an equivalent is inserted to	474
activate play.	475

(UU) "Deal of instant bingo tickets" means a single game of	476
instant bingo tickets all with the same serial number.	477

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

478

(a) Any mechanical, electronic, video, or digital device that	479
is capable of accepting anything of value, directly or indirectly,	480
from or on behalf of a player who gives the thing of value in the	481
hope of gain, the outcome of which is determined largely or wholly	482
by chance;	483

(b) Any mechanical, electronic, video, or digital device that	484
is capable of accepting anything of value, directly or indirectly,	485
from or on behalf of a player to conduct or dispense bingo or a	486
scheme or game of chance.	487

(2) "Slot machine" does not include a skill-based amusement	488
machine.	489

(WW) "Net profit from the proceeds of the sale of instant	490
bingo" means gross profit minus the ordinary, necessary, and	491
reasonable expense expended for the purchase of instant bingo	492
supplies.	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) 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

(YY) "Game flare" means the board or placard that accompanies	507
each deal of instant bingo tickets and that has printed on or	508
affixed to it the following information for the game:	509

(1) The name of the game;

510

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

511

(3) The form number;

512

(4) The ticket count;

513

(5) The prize structure, including the number of winning	514
instant bingo tickets by denomination and the respective winning	515
symbol or number combinations for the winning instant bingo	516
tickets;	517

(6) The cost per play;

518

(7) The serial number of the game.

519

(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) The machine involves a task, game, play, contest,	543
competition, or tournament in which the player actively	544
participates in the task, game, play, contest, competition, or	545
tournament.	546

(b) The outcome of an individual's play and participation is	547
not determined largely or wholly by chance.	548

(c) The outcome of play during a game is not controlled by a	549
person not actively participating in the game.	550

(2) All of the following apply to any machine that is	551
operated as described in division (AAA)(1) of this section:	552

(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

(b) Advance play for a single task, game, play, contest,	559
competition, or tournament participation may be purchased. The	560
cost of the contest, competition, or tournament participation may	561
be greater than a single non-contest, competition, or tournament	562
play.	563

(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

(BBB) "Pool not conducted for profit" means a scheme in which	570
a participant gives a valuable consideration for a chance to win a	571
prize and the total amount of consideration wagered is distributed	572
to a participant or participants.	573

(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

(EEE) "Community action agency" has the same meaning as in	589
section 122.66 of the Revised Code.	590

Sec. 2915.081.  (A) No distributor shall sell, offer to sell,	591
or otherwise provide or offer to provide bingo supplies to another	592
person, or modify, convert, add to, or remove parts from bingo	593
supplies to further their promotion or sale, for use in this state	594
without having obtained a license from the attorney general under	595
this section.	596

(B) The attorney general may issue a distributor license to	597
any person that meets the requirements of this section. The	598
application for the license shall be on a form prescribed by the	599
attorney general and be accompanied by the annual fee prescribed	600
by this section. The license is valid for a period of one year,	601
and the annual fee for the license is five thousand dollars.	602

(C) The attorney general may refuse to issue a distributor	603
license to any person to which any of the following applies, or to	604
any person that has an officer, partner, or other person who has	605
an ownership interest of ten per cent or more and to whom any of	606
the following applies:	607

(1) The person, officer, or partner has been convicted of a	608
felony under the laws of this state, another state, or the United	609
States.	610

(2) The person, officer, or partner has been convicted of any	611
gambling offense.	612

(3) The person, officer, or partner has made an incorrect or	613
false statement that is material to the granting of a license in	614
an application submitted to the attorney general under this	615
section or in a similar application submitted to a gambling	616
licensing authority in another jurisdiction if the statement	617
resulted in license revocation through administrative action in	618
the other jurisdiction.	619

(4) The person, officer, or partner has submitted any	620
incorrect or false information relating to the application to the	621
attorney general under this section, if the information is	622
material to the granting of the license.	623

(5) The person, officer, or partner has failed to correct any	624
incorrect or false information that is material to the granting of	625
the license in the records required to be maintained under	626
division (E) of section 2915.10 of the Revised Code.	627

(6) The person, officer, or partner has had a license related	628
to gambling revoked or suspended under the laws of this state,	629
another state, or the United States.	630

(D) The attorney general shall not issue a distributor	631
license to any person that is involved in the conduct of bingo on	632
behalf of a charitable organization or that is a lessor of	633
premises used for the conduct of bingo. This division does not	634
prohibit a distributor from advising charitable organizations on	635
the use and benefit of specific bingo supplies or prohibit a	636
distributor from advising a customer on operational methods to	637
improve bingo profitability.	638

(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

(3) No distributor shall purchase bingo supplies for use in	658
this state from any person except from a manufacturer issued a	659
license under section 2915.082 of the Revised Code or from another	660
distributor issued a license under this section. Subject to	661
division (D) of section 2915.082 of the Revised Code, no	662
distributor shall pay for purchased bingo supplies other than by	663
check.	664

(4) No distributor shall participate in the conduct of bingo	665
on behalf of a charitable organization or have any direct or	666
indirect ownership interest in a premises used for the conduct of	667
bingo.	668

(5) No distributor shall knowingly solicit, offer, pay, or	669
receive any kickback, bribe, or undocumented rebate, directly or	670
indirectly, overtly or covertly, in cash or in kind, in return for	671
providing bingo supplies to any person in this state.	672

(F) The attorney general may suspend or revoke a distributor	673
license for any of the reasons for which the attorney general may	674
refuse to issue a distributor license specified in division (C) of	675
this section or if the distributor holding the license violates	676
any provision of this chapter or any rule adopted by the attorney	677
general under this chapter.	678

(G) Whoever violates division (A) or (E) of this section is	679
guilty of illegally operating as a distributor. Except as	680
otherwise provided in this division, illegally operating as a	681
distributor is a misdemeanor of the first degree. If the offender	682
previously has been convicted of a violation of division (A) or	683
(E) of this section, illegally operating as a distributor is a	684
felony of the fifth degree.	685

Sec. 2915.09.  (A) No charitable organization that conducts	686
bingo shall fail to do any of the following:	687

(1) Own all of the equipment used to conduct bingo or lease	688
that equipment from a charitable organization that is licensed to	689
conduct bingo for a rental rate that is not more than is customary	690
and reasonable for that equipment;	691

(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

(B) No charitable organization that conducts a bingo game	719
described in division (S)(1) of section 2915.01 of the Revised	720
Code shall fail to do any of the following:	721

(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

(2) Display its license conspicuously at the premises where	752
the bingo session is conducted;	753

(3) Conduct the bingo session in accordance with the	754
definition of bingo set forth in division (S)(1) of section	755
2915.01 of the Revised Code.	756

(C) No charitable organization that conducts a bingo game	757
described in division (S)(1) of section 2915.01 of the Revised	758
Code shall do any of the following:	759

(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

(2) Pay consulting fees to any person for any services	773
performed in relation to the bingo session;	774

(3) Pay concession fees to any person who provides	775
refreshments to the participants in the bingo session;	776

(4) Except as otherwise provided in division (C)(4) of this	777
section, conduct more than two bingo sessions in any seven-day	778
period. A volunteer firefighter's organization or a volunteer	779
rescue service organization that conducts not more than five bingo	780
sessions in a calendar year may conduct more than two bingo	781
sessions in a seven-day period after notifying the attorney	782
general when it will conduct the sessions.	783

(5) Pay out more than three thousand five hundred dollars in	784
prizes for bingo games described in division (S)(1) of section	785
2915.01 of the Revised Code during any bingo session that is	786
conducted by the charitable organization. "Prizes" does not	787
include awards from the conduct of instant bingo.	788

(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

(7) Permit any person whom the charitable organization knows,	811
or should have known, is under the age of eighteen to work as a	812
bingo game operator;	813

(8) Permit any person whom the charitable organization knows,	814
or should have known, has been convicted of a felony or gambling	815
offense in any jurisdiction to be a bingo game operator;	816

(9) Permit the lessor of the premises on which the bingo	817
session is conducted, if the lessor is not a charitable	818
organization, to provide the charitable organization with bingo	819
game operators, security personnel, concessions, bingo supplies,	820
or any other type of service or equipment;	821

(10) Purchase or lease bingo supplies from any person except	822
a distributor issued a license under section 2915.081 of the	823
Revised Code;	824

(11)(a) Use or permit the use of electronic bingo aids except	825
under the following circumstances:	826

(i) For any single participant, not more than ninety bingo	827
faces can be played using an electronic bingo aid or aids.	828

(ii) The charitable organization shall provide a participant	829
using an electronic bingo aid with corresponding paper bingo cards	830
or sheets.	831

(iii) The total price of bingo faces played with an	832
electronic bingo aid shall be equal to the total price of the same	833
number of bingo faces played with a paper bingo card or sheet sold	834
at the same bingo session but without an electronic bingo aid.	835

(iv) An electronic bingo aid cannot be part of an electronic	836
network other than a network that includes only bingo aids and	837
devices that are located on the premises at which the bingo is	838
being conducted or be interactive with any device not located on	839
the premises at which the bingo is being conducted.	840

(v) An electronic bingo aid cannot be used to participate in	841
bingo that is conducted at a location other than the location at	842
which the bingo session is conducted and at which the electronic	843
bingo aid is used.	844

(vi) An electronic bingo aid cannot be used to provide for	845
the input of numbers and letters announced by a bingo caller other	846
than the bingo caller who physically calls the numbers and letters	847
at the location at which the bingo session is conducted and at	848
which the electronic bingo aid is used.	849

(b) The attorney general may adopt rules in accordance with	850
Chapter 119. of the Revised Code that govern the use of electronic	851
bingo aids. The rules may include a requirement that an electronic	852
bingo aid be capable of being audited by the attorney general to	853
verify the number of bingo cards or sheets played during each	854
bingo session.	855

(12) Permit any person the charitable organization knows, or	856
should have known, to be under eighteen years of age to play bingo	857
described in division (S)(1) of section 2915.01 of the Revised	858
Code.	859

(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

(3) Nothing in division (D) of this section prohibits an	874
employee of a fraternal organization, veteran's organization, or	875
sporting organization from selling instant bingo tickets or cards	876
to the organization's members or invited guests, as long as no	877
portion of the employee's compensation is paid from any receipts	878
of bingo.	879

(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

(F) This section does not prohibit a bingo licensed	902
charitable organization or a game operator from giving any person	903
an instant bingo ticket as a prize.	904

(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

(B) A chamber of commerce may conduct not more than one	936
raffle per year to raise money for the chamber of commerce.	937

(C) Except as provided in division (A) or (B) of this	938
section, no person shall conduct a raffle drawing that is for	939
profit or a raffle drawing that is not for profit.	940

(C)(D) Whoever violates division (B)(C) of this section is	941
guilty of illegal conduct of a raffle. Except as otherwise	942
provided in this division, illegal conduct of a raffle is a	943
misdemeanor of the first degree. If the offender previously has	944
been convicted of a violation of division (B)(C) of this section,	945
illegal conduct of a raffle is a felony of the fifth degree.	946

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

(B) A charitable instant bingo organization may conduct	958
instant bingo other than at a bingo session at not more than five	959
separate locations.	960

(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

(D) Except as provided in division (G) of this section, no	979
charitable instant bingo organization shall conduct instant bingo	980
other than at a bingo session at a location where the primary	981
source of retail income from all commercial activity at that	982
location is the sale of instant bingo tickets.	983

(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

As used in this division, "full gross profit" means the	1000
amount by which the total receipts of all instant bingo tickets,	1001
if the deal had been sold in full, exceeds the amount that would	1002
be paid out if all prizes were redeemed.	1003

(F) A charitable instant bingo organization shall provide the	1004
attorney general with all of the following information:	1005

(1) That the charitable instant bingo organization has	1006
terminated a contract entered into pursuant to division (C) of	1007
this section with an owner or lessor of a location;	1008

(2) That the charitable instant bingo organization has	1009
entered into a written contract pursuant to division (C) of this	1010
section with a new owner or lessor of a location;	1011

(3) That the charitable instant bingo organization is aware	1012
of conduct by the owner or lessor of a location at which instant	1013
bingo is conducted that is in violation of Chapter 2915. of the	1014
Revised Codethis chapter.	1015

(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

Sec. 2915.101. Except as otherwise provided by law, a	1026
charitable organization that conducts instant bingo shall	1027
distribute the net profit from the proceeds of the sale of instant	1028
bingo as follows:	1029

(A)(1) If a veteran's organization, a fraternal organization,	1030
or a sporting organization conducted the instant bingo, the	1031
organization shall distribute the net profit from the proceeds of	1032
the sale of instant bingo, as follows:	1033

(a) For the first seventy-five thousand dollars, or a greater	1034
amount prescribed by the attorney general to adjust for changes in	1035
prices as measured by the consumer price index as defined in	1036
section 325.18 of the Revised Code, or less of net profit from the	1037
proceeds of the sale of instant bingo generated in a calendar	1038
year:	1039

(i) At least twenty-five per cent shall be distributed to an	1040
organization described in division (Z)(1) of section 2915.01 of	1041
the Revised Code or to a department or agency of the federal	1042
government, the state, or any political subdivision.	1043

(ii) Not more than seventy-five per cent may be deducted and	1044
retained by the organization for reimbursement of or for the	1045
organization's expenses, as defined in division (LL) of section	1046
2915.01 of the Revised Code, in conducting the instant bingo game.	1047

(b) For any net profit from the proceeds of the sale of	1048
instant bingo of more than seventy-five thousand dollars or an	1049
adjusted amount generated in a calendar year:	1050

(i) A minimum of fifty per cent shall be distributed to an	1051
organization described in division (Z)(1) of section 2915.01 of	1052
the Revised Code or to a department or agency of the federal	1053
government, the state, or any political subdivision;.	1054

(b)(ii) Five per cent may be distributed for the	1055
organization's own charitable purposes or to a community action	1056
agency.	1057

(c)(iii) Forty-five per cent may be deducted and retained by	1058
the organization for reimbursement of or for the organization's	1059
expenses, as defined in division (LL) of section 2915.01 of the	1060
Revised Code, in conducting the instant bingo game.	1061

(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

Sec. 2915.13. (A) A veteran's organization, a fraternal	1097
organization, or a sporting organization authorized to conduct a	1098
bingo session pursuant to sections 2915.01 to 2915.12 of the	1099
Revised Code may conduct instant bingo other than at a bingo	1100
session if all of the following apply:	1101

(1) The veteran's organization, fraternal organization, or	1102
sporting organization limits the sale of instant bingo to ten	1103
consecutivetwelve hours perduring any day for up to six days per	1104
week, provided that the sale does not begin earlier than ten a.m.	1105
and ends not later than two a.m.	1106

(2) The veteran's organization, fraternal organization, or	1107
sporting organization limits the sale of instant bingo to its own	1108
premises and to its own members and invited guests.	1109

(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

(2) No veteran's organization, fraternal organization, or	1155
sporting organization that enters into a written contract pursuant	1156
to division (B) of this section shall violate any provision of	1157
Chapter 2915. of the Revised Code,this chapter or permit, aid, or	1158
abet any other person in violating any provision of Chapter 2915.	1159
of the Revised Codethis chapter.	1160

(D) A veteran's organization, fraternal organization, or	1161
sporting organization shall give all required proceeds earned from	1162
the conduct of instant bingo to the organization with which the	1163
veteran's organization, fraternal organization, or sporting	1164
organization has entered into a written contract.	1165

(E) Whoever violates this section is guilty of illegal	1166
instant bingo conduct. Except as otherwise provided in this	1167
division, illegal instant bingo conduct is a misdemeanor of the	1168
first degree. If the offender previously has been convicted of a	1169
violation of this section, illegal instant bingo conduct is a	1170
felony of the fifth degree.	1171

Section 2. That existing sections 1711.09, 2915.01, 2915.081,	1172
2915.09, 2915.092, 2915.093, 2915.101, and 2915.13 of the Revised	1173
Code are hereby repealed.	1174

Section 3. (A) As used in this section:

1175

(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

(2) All references to section 2915.101 of the Revised Code,	1182
or to any division of that section, means that section or division	1183
as amended by Sections 1 and 2 of this act.	1184

(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

(1) The Attorney General shall determine the amount of the	1200
funds paid by the charitable organization pursuant to the	1201
charitable settlement that was based on illegal gambling citations	1202
involving the charitable organization within the three years prior	1203
to June 30, 2001, and shall inform the charitable organization of	1204
the amount so determined.	1205

(2) Upon determination of an amount under division (B)(1) of	1206
this section, one of the following applies:	1207

(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