(H)
Except as otherwise provided in this chapter,
"charitable | 60 |
organization" means any tax exempt
religious,
educational, | 61 |
veteran's, fraternal, sporting, service, nonprofit
medical, | 62 |
volunteer rescue service, volunteer
firefighter's,
senior | 63 |
citizen's, historic railroad educational, youth athletic, amateur | 64 |
athletic, or youth
athletic
park organization.
An organization is | 65 |
tax exempt if the
organization is, and has
received from the | 66 |
internal revenue
service a determination letter
that currently is | 67 |
in effect stating
that the organization is,
exempt from federal | 68 |
income taxation
under subsection 501(a) and
described in | 69 |
subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or | 70 |
501(c)(19) of the Internal
Revenue Code, or if the organization is | 71 |
a sporting organization that is exempt from federal income | 72 |
taxation under subsection 501(a) and is described in subsection | 73 |
501(c)(7) of the Internal Revenue Code.
To
qualify as a charitable | 74 |
organization, an
organization, except a
volunteer rescue service | 75 |
or volunteer
fire
fighter'sfirefighter's
organization,
shall have | 76 |
been in
continuous existence as
such in this state for
a period of | 77 |
two
years immediately preceding
either the making of
an | 78 |
application
for a
bingo license under
section 2915.08 of the | 79 |
Revised Code or
the conducting of any
game of
chance as
provided | 80 |
in division
(D) of
section 2915.02 of
the
Revised
Code.
A | 81 |
charitable organization
that is exempt from federal income | 82 |
taxation under subsection
501(a) and described in subsection | 83 |
501(c)(3) of the Internal
Revenue Code and that is created by a | 84 |
veteran's organization, a
fraternal organization, or a sporting | 85 |
organization does not have to have been in continuous
existence as | 86 |
such in this state for a period of two years
immediately preceding | 87 |
either the making of an application for a
bingo license under | 88 |
section 2915.08 of the Revised Code or the
conducting of any game | 89 |
of chance as provided
in division (D) of section 2915.02 of the | 90 |
Revised Code. | 91 |
(K)
"Veteran's organization" means any individual post or | 101 |
state headquarters of
a
national veteran's association or an | 102 |
auxiliary unit of any
individual post of a national veteran's | 103 |
association, which post, state headquarters,
or
auxiliary unit has | 104 |
been in continuous existence in this state for at least two years | 105 |
and incorporated as a nonprofit
corporation
and either has | 106 |
received a letter from
the state
headquarters of the national | 107 |
veteran's association
indicating that
the individual post or | 108 |
auxiliary unit is in good
standing with the
national veteran's | 109 |
association or has received a letter from the national veteran's | 110 |
association indicating that the state headquarters is in good | 111 |
standing with the national veteran's association. As used in
this | 112 |
division,
"national veteran's association" means any
veteran's | 113 |
association
that has been in continuous existence as
such for a | 114 |
period of at
least
five years and either is
incorporated by an act | 115 |
of the
United States congress or has a
national dues-paying | 116 |
membership of
at least five thousand
persons. | 117 |
(M)
"Fraternal organization" means any society, order, state | 124 |
headquarters, or
association within this state, except a college | 125 |
or high school
fraternity, that is not organized for profit, that | 126 |
is a branch,
lodge, or chapter of a national or state | 127 |
organization, that
exists
exclusively for the common business or | 128 |
sodality of its
members,
and that has been in continuous existence | 129 |
in this state
for a
period of
five
years. | 130 |
(1) Any organization, not
organized for profit, that is | 136 |
organized and operated exclusively
to provide, or to contribute to | 137 |
the support of organizations or
institutions organized and | 138 |
operated exclusively to provide,
medical and therapeutic services | 139 |
for persons who are crippled,
born with birth defects, or have any | 140 |
other mental or physical
defect or those organized and operated | 141 |
exclusively to protect, or
to contribute to the support of | 142 |
organizations or institutions
organized and operated exclusively | 143 |
to protect, animals from
inhumane treatment or provide immediate | 144 |
shelter to victims of domestic violence; | 145 |
(2) Any organization that is described in subsection | 146 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 147 |
and is either a governmental unit or an organization that is tax | 148 |
exempt under subsection 501(a) and described in subsection | 149 |
501(c)(3) of the Internal Revenue Code and that is an | 150 |
organization, not organized for profit, that is organized and | 151 |
operated primarily to provide, or to contribute to the support of | 152 |
organizations or institutions organized and operated primarily to | 153 |
provide, medical and therapeutic services for persons who are | 154 |
crippled, born with birth defects, or have any other mental or | 155 |
physical defect. | 156 |
(2) Any organization that is described and qualified under | 165 |
subsection 501(c)(3) of the Internal Revenue Code, that has been | 166 |
incorporated as a nonprofit corporation for at least five years, | 167 |
and that has continuously operated and will be operated primarily | 168 |
to provide, or to contribute to the support of organizations or | 169 |
institutions organized and operated primarily to provide, | 170 |
hospital, medical, research, or therapeutic services for the | 171 |
public. | 172 |
(c) A bingo game operator announces combinations of
letters | 196 |
and numbers that appear on objects that a bingo game
operator | 197 |
selects by chance, either manually or mechanically, from
a | 198 |
receptacle that contains seventy-five objects at the beginning
of | 199 |
each game, each object marked by a different combination of a | 200 |
letter and a number that corresponds to one of the seventy-five | 201 |
possible combinations of a letter and a number that can appear on | 202 |
the bingo cards
or sheets. | 203 |
(U)
"Bingo game operator" means any person, except
security | 214 |
personnel, who performs work or labor at the site of
bingo, | 215 |
including, but not limited to, collecting money from
participants, | 216 |
handing out bingo cards or
sheets or objects to cover spaces
on
| 217 |
bingo
cards
or sheets, selecting from a receptacle the objects | 218 |
that
contain the
combination of letters and numbers that appear on
| 219 |
bingo cards
or sheets,
calling out the combinations of letters
and | 220 |
numbers,
distributing
prizes,
selling or redeeming instant
bingo | 221 |
tickets or cards, supervising
the operation of a punch
board, | 222 |
selling raffle tickets,
selecting
raffle tickets from a
receptacle | 223 |
and announcing the winning
numbers
in a raffle, and
preparing, | 224 |
selling, and serving food or
beverages. | 225 |
(X)
"Gross receipts" means all money or assets, including | 235 |
admission fees, that a person receives from
bingo
without the | 236 |
deduction of any amounts for
prizes paid out
or for the expenses | 237 |
of
conducting
bingo.
"Gross receipts" does not include
any money | 238 |
directly taken in from the sale of food or beverages by
a | 239 |
charitable organization conducting
bingo, or by a
bona
fide | 240 |
auxiliary unit or society of a charitable organization
conducting | 241 |
bingo,
provided all of the following apply: | 242 |
(Y)
"Security personnel" includes any person who either is
a | 251 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 252 |
constable, or member of an organized police department of a | 253 |
municipal corporation or has successfully completed a peace | 254 |
officer's training course pursuant to sections 109.71 to 109.79
of | 255 |
the Revised Code and who is hired to provide security for the | 256 |
premises on which
bingo
is conducted. | 257 |
(2)
A veteran's organization that is a post, chapter,
or | 266 |
organization of
veterans, or an auxiliary unit or society
of, or a | 267 |
trust or
foundation for, any such post, chapter, or
organization | 268 |
organized
in the United States or any of its
possessions, at least | 269 |
seventy-five per cent of the members of
which are
veterans and | 270 |
substantially all of the other members
of which are individuals | 271 |
who are
spouses, widows, or widowers of
veterans, or such | 272 |
individuals,
provided that no part of the net
earnings of such | 273 |
post, chapter,
or
organization inures to the benefit of
any | 274 |
private shareholder
or
individual, and further provided that
the
| 275 |
net profit is used by the post, chapter, or
organization for
the | 276 |
charitable
purposes set forth in division (B)(12) of section | 277 |
5739.02 of the
Revised Code,
is used for awarding
scholarships
to | 278 |
or for
attendance at an institution mentioned in division
(B)(12) | 279 |
of
section 5739.02 of the Revised Code,
is donated
to
a | 280 |
governmental agency, or
is used for nonprofit youth
activities, | 281 |
the purchase of United States or Ohio flags that are
donated to | 282 |
schools, youth groups, or other bona fide nonprofit
organizations, | 283 |
promotion of patriotism, or disaster relief; | 284 |
(3) A fraternal organization
that
has been
in continuous | 285 |
existence in this state for fifteen years
and that uses
the
net | 286 |
profit
exclusively for religious, charitable, scientific, | 287 |
literary, or
educational purposes, or for the prevention of | 288 |
cruelty to
children or animals, if contributions for such use | 289 |
would qualify
as a deductible charitable contribution under | 290 |
subsection 170 of
the Internal Revenue Code; | 291 |
(BB)
"Youth athletic organization" means any organization, | 297 |
not organized for profit, that is organized and operated | 298 |
exclusively to provide financial support to, or to operate, | 299 |
athletic activities for persons who are twenty-one years of age
or | 300 |
younger by means of sponsoring, organizing, operating, or | 301 |
contributing to the support of an athletic team, club, league, or | 302 |
association. | 303 |
(a) The playing fields are used at least one hundred days
per | 309 |
year for athletic activities by one or more organizations,
not | 310 |
organized for profit, each of which is organized and operated | 311 |
exclusively to provide financial support to, or to operate, | 312 |
athletic activities for persons who are eighteen years of age or | 313 |
younger by means of sponsoring, organizing, operating, or | 314 |
contributing to the support of an athletic team, club, league, or | 315 |
association. | 316 |
(EE)
"Bingo supplies" means bingo
cards or sheets; instant | 329 |
bingo tickets or
cards; electronic bingo
aids; raffle tickets; | 330 |
punch boards; seal
cards;
instant bingo
ticket dispensers; and | 331 |
devices for selecting
or
displaying
the
combination of bingo | 332 |
letters and numbers or
raffle
tickets. Items
that are
"bingo | 333 |
supplies" are not
gambling
devices
if sold or
otherwise provided, | 334 |
and used, in accordance
with this
chapter. For
purposes of this | 335 |
chapter, "bingo supplies"
are not to be
considered equipment used | 336 |
to conduct a bingo game. | 337 |
(FF)
"Instant bingo" means a form of
bingo that uses folded | 338 |
or banded tickets or paper cards with
perforated break-open tabs, | 339 |
a face of which is covered or
otherwise hidden from view to | 340 |
conceal a number, letter, or
symbol, or set of numbers, letters, | 341 |
or symbols, some of which
have been designated in advance as prize | 342 |
winners. "Instant bingo" includes seal cards. "Instant bingo"
does | 343 |
not include any device that is activated by
the insertion of
a | 344 |
coin, currency, token, or an equivalent, and that
contains as
one | 345 |
of its components a video display monitor that is
capable of | 346 |
displaying numbers, letters, symbols, or characters in
winning or | 347 |
losing combinations. | 348 |
(II)
"Punch board" means a board
containing a number of
holes | 359 |
or receptacles of uniform size in
which are placed,
mechanically | 360 |
and randomly, serially numbered
slips of paper that
may be punched | 361 |
or drawn from the hole or
receptacle when used in
conjunction with | 362 |
instant bingo. A player
may punch or draw the
numbered slips of | 363 |
paper from the holes or
receptacles and obtain
the prize | 364 |
established for the game if the
number drawn corresponds
to a | 365 |
winning number or, if the punch
board includes the use of a
seal | 366 |
card, a potential winning
number. | 367 |
(11) Expenses for maintaining and operating a charitable | 385 |
organization's facilities, including, but not limited to, a post | 386 |
home, club house, lounge, tavern, or canteen and any grounds | 387 |
attached to the post home, club house, lounge, tavern, or canteen; | 388 |
(XX) "Charitable instant bingo organization" means an | 472 |
organization that is exempt from federal income taxation under | 473 |
subsection 501(a) and described in subsection 501(c)(3) of the | 474 |
Internal Revenue Code and is a charitable organization as defined | 475 |
in this section. A "charitable instant bingo organization" does | 476 |
not include a charitable organization that is exempt from federal | 477 |
income taxation under subsection 501(a) and described in | 478 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 479 |
created by a veteran's organization, a fraternal organization, or | 480 |
a sporting organization in
regards to bingo conducted or assisted | 481 |
by a veteran's organization, a fraternal organization, or a | 482 |
sporting organization pursuant to section 2915.13 of the
Revised | 483 |
Code. | 484 |
(ZZ) "Historic railroad educational organization" means an | 498 |
organization that is exempt from federal income taxation under | 499 |
subsection 501(a) and described in subsection 501(c)(3) of the | 500 |
Internal Revenue Code, that owns in fee simple the tracks and the | 501 |
right of way of a historic railroad that the organization restores | 502 |
or maintains and on which the organization provides excursions as | 503 |
part of a program to promote tourism and educate visitors | 504 |
regarding the role of railroad transportation in Ohio history, and | 505 |
that received as donations from a charitable organization that | 506 |
holds a license to conduct bingo under this chapter an amount | 507 |
equal to at least fifty per cent of that licensed charitable | 508 |
organization's net proceeds from the conduct of bingo during each | 509 |
of the five years preceding June 30, 2003. "Historic railroad" | 510 |
means all or a portion of the tracks and right-of-way of a | 511 |
railroad that was owned and operated by a for-profit common | 512 |
carrier in this state at any time prior to January 1, 1950. | 513 |
(AAA)(1) "Skill-based amusement machine" means a skill-based | 514 |
amusement device, such as a mechanical, electronic, video, or | 515 |
digital device, or machine, whether or not the skill-based | 516 |
amusement machine requires payment for use through a coin or bill | 517 |
validator or other payment of consideration or value to | 518 |
participate in the machine's offering or to activate the machine, | 519 |
provided that all of the following apply: | 520 |
(c) The outcome of play during a game is not controlled by a | 527 |
person not actively participating in the gamemechanical, video, | 528 |
digital, or
electronic device that rewards the player or players, | 529 |
if at all,
only with merchandise prizes or with redeemable | 530 |
vouchers
redeemable only for merchandise prizes, provided that | 531 |
with respect
to rewards for playing the game all of the following | 532 |
apply: | 533 |
(a) As used in this section, "task," "game," and "play" mean | 567 |
one event from the initial activation of the machine until the | 568 |
results of play are determined without payment of additional | 569 |
consideration. An individual utilizing a machine that involves a | 570 |
single task, game, play, contest, competition, or tournament may | 571 |
be awarded redeemable vouchers or merchandise prizes based on the | 572 |
results of play. | 573 |
(c) To the extent that the machine is used in a contest, | 579 |
competition, or tournament, that contest, competition, or | 580 |
tournament has a defined starting and ending date and is open to | 581 |
participants in competition for scoring and ranking results toward | 582 |
the awarding of redeemable vouchers or merchandise prizes that are | 583 |
stated prior to the start of the
contest, competition, or | 584 |
tournament. | 585 |
(CCC)(EEE) "Sporting organization" means a hunting, fishing, | 600 |
or trapping organization, other than a college or high school | 601 |
fraternity or sorority, that is not organized for profit, that is | 602 |
affiliated with a state or national sporting organization, | 603 |
including but not limited to, the Ohio Leagueleague of sportsmen, | 604 |
and that has been in continuous existence in this state for a | 605 |
period of three years. | 606 |
(B) Whoever violates division (A) of this section is
guilty | 615 |
of skill-based amusement machine prohibited conduct. A violation | 616 |
of division (A) of this section
is a
misdemeanor of the first | 617 |
degree for each redemption of a
prize
that is involved in the | 618 |
violation. If the offender
previously has
been convicted of a | 619 |
violation of division (A) of this section,
a violation of that | 620 |
division is a
felony of the fifth degree
for each
redemption of | 621 |
a prize
that is involved in the violation.
The
maximum fine | 622 |
authorized to
be imposed for a felony of
the
fifth degree shall | 623 |
be imposed
upon the offender. | 624 |
Sec. 3769.07. Except as otherwise provided in this
section, | 628 |
no permit shall be issued under sections 3769.01 to
3769.14 of the | 629 |
Revised Code, authorizing the conduct of a
live racing program for | 630 |
thoroughbred horses and quarter horses at
any
place, track, or | 631 |
enclosure except between the hours of twelve
noon and seven p.m., | 632 |
for running horse-racing meetings, except
that on special events | 633 |
days running horse-racing meetings may
begin at nine a.m. by | 634 |
application to the state racing commission
and except that the | 635 |
seven p.m. time may be extended to eight p.m.
on a Sunday or | 636 |
holiday by application to the commission, and
no permit shall be | 637 |
issued under those sections authorizing the conduct of a
live | 638 |
racing program for harness horses at any place, track, or | 639 |
enclosure
except between the hours of twelve noon and twelve | 640 |
midnight for light
harness horse-racing meetings. The seven p.m. | 641 |
and eight p.m. closing times
described in this section shall upon | 642 |
application to the commission be extended
to nine p.m. for any | 643 |
running horse-racing meeting conducted between the
fifteenth day | 644 |
of May and the fifteenth day of September at a track that is | 645 |
located more than twenty-five miles from a track located in this | 646 |
state where a
light harness horse-racing meeting, other than a | 647 |
light harness horse-racing
meeting at a county fair or independent | 648 |
fair, is being conducted and that is
located less than twenty-five | 649 |
miles from a track located outside this state.
A permit issued | 650 |
for horse racing
at a county fair shall authorize live horse | 651 |
racing to begin at nine
a.m. No | 652 |
No permit shall be granted for the holding or conducting of
a | 653 |
horse-racing meeting after the tenth day of December in any | 654 |
calendar year, except for racing at winterized tracks.
"Winterized | 655 |
track" means a track with enclosed club house or
grandstand, | 656 |
all-weather racing track, heated facilities for
jockeys or | 657 |
drivers, backstretch facilities that are properly
prepared for | 658 |
winter racing, and adequate snow removal equipment
available. No | 659 |
No permit shall be issued for more than an aggregate
of | 660 |
fifty-six racing days in any one calendar year, except that an | 661 |
additional five days of racing may be approved by the commission | 662 |
upon application by a permit holder and except that an additional | 663 |
thirty days of racing may be granted for racing at any time after | 664 |
the fifteenth day of October and prior to the fifteenth day of | 665 |
March to a permit holder who has a winterized facility, but no | 666 |
more than thirty such additional days may be issued at any one | 667 |
track or enclosure. No more than an aggregate of fifty-six
racing | 668 |
days shall be issued in any one calendar year for any one
race | 669 |
track, place, or enclosure, except for the additional five
days of | 670 |
racing for each permit holder which may be approved by
the | 671 |
commission pursuant to this section, except as provided in | 672 |
sections 3769.071 and 3769.13 of the Revised Code, except for | 673 |
racing days granted as a result of a winterized facility, and | 674 |
except that the commission may issue a second permit for a
maximum | 675 |
of fifty-six racing days for any one track, place, or
enclosure, | 676 |
if the commission determines that the issuance of such
second | 677 |
permit is not against the public interest. No such second
permit | 678 |
shall be issued: | 679 |
(A) For the operation of racing in any county with a | 680 |
population of less than seven hundred thousand or for the | 681 |
operation of racing in any county which has more than one race | 682 |
track at which a racing meet has been authorized, except as | 683 |
provided in this division and in sections 3769.071 and 3769.13 of | 684 |
the Revised Code, in the same year by the commission. A second | 685 |
permit issued pursuant to this division may be issued at either
or | 686 |
both race tracks in a county that has only two race tracks if
a | 687 |
racing meet has been authorized at both race tracks in the same | 688 |
year by the commission and one race track has been authorized to | 689 |
conduct thoroughbred racing meets and the other race track has | 690 |
been authorized to conduct harness racing meets. When such
second | 691 |
permit is issued pursuant to this division for racing at
the one | 692 |
race track, racing shall not be conducted at that race
track on | 693 |
the same day that racing is conducted at the other race
track in | 694 |
the county except by mutual agreement of the two race
tracks. | 695 |
No permit shall be issued so as to permit live racing | 704 |
programs on
the same hour at more than one track in one county or | 705 |
on tracks
in operation in 1975 within fifty miles of each other, | 706 |
nor shall
any other form of pari-mutuel wagering other than horse | 707 |
racing be
permitted within seventy-five miles of a track where | 708 |
horse racing
is being conducted, except that this provision shall | 709 |
not apply to
a horse-racing meeting held at the state fair or at a | 710 |
fair
conducted by a county agricultural society or at a fair | 711 |
conducted
by an independent agricultural society; nor shall
more | 712 |
than one
permit in any one year be granted to the same
person, | 713 |
association, trust, or corporation for the holding or
conducting | 714 |
of a horse-racing meeting, at more than one race track,
place, or | 715 |
enclosure in this state. Distribution of days shall not
apply to | 716 |
fairs or horse shows not required to secure a permit
under such | 717 |
section. Notwithstanding any other provision of this
chapter, a | 718 |
person, association, trust, or corporation may own or
operate two | 719 |
separate facilities in this state that are conducting | 720 |
horse-racing meetings. | 721 |