As Reported by the Senate Rules Committee

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 177

Representative Blessing 

Cosponsors: Representatives Adams, Yuko, Webster 

Senator Jacobson 

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A BILL

To amend sections 2915.01 and 3769.07 and to enact

1

sections 2915.06 and 2915.061 of the Revised Code

2

to allow the same person, association, trust, or

3

corporation to own and operate two separate race

4

tracks in Ohio, to modify the definition of "slot

5

machine" and "skill-based amusement machine" for

6

purposes of the Gambling Law, to create a limit

7

on the redemption value of prizes associated

8

with skill-based amusement machines, and to

9

clarify regulatory authority pertaining to

10

skill-based amusement machines and to declare an

11

emergency.

12

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

Section 1. That sections 2915.01 and 3769.07 be amended and	13
sections 2915.06 and 2915.061 of the Revised Code be enacted to	14
read as follows:	15

Sec. 2915.01.  As used in this chapter:

16

(A) "Bookmaking" means the business of receiving or paying	17
off bets.	18

(B) "Bet" means the hazarding of anything of value upon the	19
result of an event, undertaking, or contingency, but does not	20
include a bona fide business risk.	21

(C) "Scheme of chance" means a slot machine, lottery, numbers	22
game, pool conducted for profit, or other scheme in which a	23
participant gives a valuable consideration for a chance to win a	24
prize, but does not include bingo, a skill-based amusement	25
machine, or a pool not conducted for profit.	26

(D) "Game of chance" means poker, craps, roulette, or other	27
game in which a player gives anything of value in the hope of	28
gain, the outcome of which is determined largely by chance, but	29
does not include bingo.	30

(E) "Game of chance conducted for profit" means any game of	31
chance designed to produce income for the person who conducts or	32
operates the game of chance, but does not include bingo.	33

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

34

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

35

(2) A ticket, token, or other device representing a chance,	36
share, or interest in a scheme of chance or evidencing a bet;	37

(3) A deck of cards, dice, gaming table, roulette wheel, slot	38
machine, or other apparatus designed for use in connection with a	39
game of chance;	40

(4) Any equipment, device, apparatus, or paraphernalia	41
specially designed for gambling purposes;	42

(5) Bingo supplies sold or otherwise provided, or used, in	43
violation of this chapter.	44

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

45

(1) A violation of section 2915.02, 2915.03, 2915.04,	46
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	47
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	48

(2) A violation of an existing or former municipal ordinance	49
or law of this or any other state or the United States	50
substantially equivalent to any section listed in division (G)(1)	51
of this section or a violation of section 2915.06 of the Revised	52
Code as it existed prior to July 1, 1996;	53

(3) An offense under an existing or former municipal	54
ordinance or law of this or any other state or the United States,	55
of which gambling is an element;	56

(4) A conspiracy or attempt to commit, or complicity in	57
committing, any offense under division (G)(1), (2), or (3) of this	58
section.	59

(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

(I) "Religious organization" means any church, body of	92
communicants, or group that is not organized or operated for	93
profit and that gathers in common membership for regular worship	94
and religious observances.	95

(J) "Educational organization" means any organization within	96
this state that is not organized for profit, the primary purpose	97
of which is to educate and develop the capabilities of individuals	98
through instruction by means of operating or contributing to the	99
support of a school, academy, college, or university.	100

(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

(L) "Volunteer firefighter's organization" means any	118
organization of volunteer firefighters, as defined in section	119
146.01 of the Revised Code, that is organized and operated	120
exclusively to provide financial support for a volunteer fire	121
department or a volunteer fire company and that is recognized or	122
ratified by a county, municipal corporation, or township.	123

(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

(N) "Volunteer rescue service organization" means any	131
organization of volunteers organized to function as an emergency	132
medical service organization, as defined in section 4765.01 of the	133
Revised Code.	134

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

135

(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

(P) "Nonprofit medical organization" means either of the	157
following:	158

(1) Any organization that has been incorporated as a	159
nonprofit corporation for at least five years and that has	160
continuously operated and will be operated exclusively to provide,	161
or to contribute to the support of organizations or institutions	162
organized and operated exclusively to provide, hospital, medical,	163
research, or therapeutic services for the public;	164

(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

(Q) "Senior citizen's organization" means any private	173
organization, not organized for profit, that is organized and	174
operated exclusively to provide recreational or social services	175
for persons who are fifty-five years of age or older and that is	176
described and qualified under subsection 501(c)(3) of the Internal	177
Revenue Code.	178

(R) "Charitable bingo game" means any bingo game described in	179
division (S)(1) or (2) of this section that is conducted by a	180
charitable organization that has obtained a license pursuant to	181
section 2915.08 of the Revised Code and the proceeds of which are	182
used for a charitable purpose.	183

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

184

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

185

(a) The participants use bingo cards or sheets, including	186
paper formats and electronic representation or image formats, that	187
are divided into twenty-five spaces arranged in five horizontal	188
and five vertical rows of spaces, with each space, except the	189
central space, being designated by a combination of a letter and a	190
number and with the central space being designated as a free	191
space.	192

(b) The participants cover the spaces on the bingo cards or	193
sheets that correspond to combinations of letters and numbers that	194
are announced by a bingo game operator.	195

(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

(d) The winner of the bingo game includes any participant who	204
properly announces during the interval between the announcements	205
of letters and numbers as described in division (S)(1)(c) of this	206
section, that a predetermined and preannounced pattern of spaces	207
has been covered on a bingo card or sheet being used by the	208
participant.	209

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

210

(T) "Conduct" means to back, promote, organize, manage, carry	211
on, sponsor, or prepare for the operation of bingo or a game of	212
chance.	213

(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

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

226

(W) "Bingo session" means a period that includes both of the	227
following:	228

(1) Not to exceed five continuous hours for the conduct of	229
one or more games described in division (S)(1) of this section,	230
instant bingo, and seal cards;	231

(2) A period for the conduct of instant bingo and seal cards	232
for not more than two hours before and not more than two hours	233
after the period described in division (W)(1) of this section.	234

(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

(1) The auxiliary unit or society has been in existence as a	243
bona fide auxiliary unit or society of the charitable organization	244
for at least two years prior to conducting bingo.	245

(2) The person who purchases the food or beverage receives	246
nothing of value except the food or beverage and items customarily	247
received with the purchase of that food or beverage.	248

(3) The food and beverages are sold at customary and	249
reasonable prices.	250

(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

(Z) "Charitable purpose" means that the net profit of bingo,	258
other than instant bingo, is used by, or is given, donated, or	259
otherwise transferred to, any of the following:	260

(1) Any organization that is described in subsection	261
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	262
and is either a governmental unit or an organization that is tax	263
exempt under subsection 501(a) and described in subsection	264
501(c)(3) of the Internal Revenue Code;	265

(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

(4) A volunteer firefighter's organization that uses the net	292
profit for the purposes set forth in division (L) of this section.	293

(AA) "Internal Revenue Code" means the "Internal Revenue Code	294
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	295
amended.	296

(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

(CC) "Youth athletic park organization" means any	304
organization, not organized for profit, that satisfies both of the	305
following:	306

(1) It owns, operates, and maintains playing fields that	307
satisfy both of the following:	308

(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

(b) The playing fields are not used for any profit-making	317
activity at any time during the year.	318

(2) It uses the proceeds of bingo it conducts exclusively for	319
the operation, maintenance, and improvement of its playing fields	320
of the type described in division (CC)(1) of this section.	321

(DD) "Amateur athletic organization" means any organization,	322
not organized for profit, that is organized and operated	323
exclusively to provide financial support to, or to operate,	324
athletic activities for persons who are training for amateur	325
athletic competition that is sanctioned by a national governing	326
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	327
3045, 36 U.S.C.A. 373.	328

(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

(GG) "Seal card" means a form of instant bingo that uses	349
instant bingo tickets in conjunction with a board or placard that	350
contains one or more seals that, when removed or opened, reveal	351
predesignated winning numbers, letters, or symbols.	352

(HH) "Raffle" means a form of bingo in which the one or more	353
prizes are won by one or more persons who have purchased a raffle	354
ticket. The one or more winners of the raffle are determined by	355
drawing a ticket stub or other detachable section from a	356
receptacle containing ticket stubs or detachable sections	357
corresponding to all tickets sold for the raffle.	358

(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

(JJ) "Gross profit" means gross receipts minus the amount	368
actually expended for the payment of prize awards.	369

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

370

(LL) "Expenses" means the reasonable amount of gross profit	371
actually expended for all of the following:	372

(1) The purchase or lease of bingo supplies;

373

(2) The annual license fee required under section 2915.08 of	374
the Revised Code;	375

(3) Bank fees and service charges for a bingo session or game	376
account described in section 2915.10 of the Revised Code;	377

(4) Audits and accounting services;

378

(5) Safes;

379

(6) Cash registers;

380

(7) Hiring security personnel;

381

(8) Advertising bingo;

382

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

383

(10) Tables and chairs;

384

(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

(12) Any other product or service directly related to the	389
conduct of bingo that is authorized in rules adopted by the	390
attorney general under division (B)(1) of section 2915.08 of the	391
Revised Code.	392

(MM) "Person" has the same meaning as in section 1.59 of the	393
Revised Code and includes any firm or any other legal entity,	394
however organized.	395

(NN) "Revoke" means to void permanently all rights and	396
privileges of the holder of a license issued under section	397
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	398
gaming license issued by another jurisdiction.	399

(OO) "Suspend" means to interrupt temporarily all rights and	400
privileges of the holder of a license issued under section	401
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	402
gaming license issued by another jurisdiction.	403

(PP) "Distributor" means any person who purchases or obtains	404
bingo supplies and who does either of the following:	405

(1) Sells, offers for sale, or otherwise provides or offers	406
to provide the bingo supplies to another person for use in this	407
state;	408

(2) Modifies, converts, adds to, or removes parts from the	409
bingo supplies to further their promotion or sale for use in this	410
state.	411

(QQ) "Manufacturer" means any person who assembles completed	412
bingo supplies from raw materials, other items, or subparts or who	413
modifies, converts, adds to, or removes parts from bingo supplies	414
to further their promotion or sale.	415

(RR) "Gross annual revenues" means the annual gross receipts	416
derived from the conduct of bingo described in division (S)(1) of	417
this section plus the annual net profit derived from the conduct	418
of bingo described in division (S)(2) of this section.	419

(SS) "Instant bingo ticket dispenser" means a mechanical	420
device that dispenses an instant bingo ticket or card as the sole	421
item of value dispensed and that has the following	422
characteristics:	423

(1) It is activated upon the insertion of United States	424
currency.	425

(2) It performs no gaming functions.

426

(3) It does not contain a video display monitor or generate	427
noise.	428

(4) It is not capable of displaying any numbers, letters,	429
symbols, or characters in winning or losing combinations.	430

(5) It does not simulate or display rolling or spinning	431
reels.	432

(6) It is incapable of determining whether a dispensed bingo	433
ticket or card is a winning or nonwinning ticket or card and	434
requires a winning ticket or card to be paid by a bingo game	435
operator.	436

(7) It may provide accounting and security features to aid in	437
accounting for the instant bingo tickets or cards it dispenses.	438

(8) It is not part of an electronic network and is not	439
interactive.	440

(TT)(1) "Electronic bingo aid" means an electronic device	441
used by a participant to monitor bingo cards or sheets purchased	442
at the time and place of a bingo session and that does all of the	443
following:	444

(a) It provides a means for a participant to input numbers	445
and letters announced by a bingo caller.	446

(b) It compares the numbers and letters entered by the	447
participant to the bingo faces previously stored in the memory of	448
the device.	449

(c) It identifies a winning bingo pattern.

450

(2) "Electronic bingo aid" does not include any device into	451
which a coin, currency, token, or an equivalent is inserted to	452
activate play.	453

(UU) "Deal of instant bingo tickets" means a single game of	454
instant bingo tickets all with the same serial number.	455

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

456

(a) Any mechanical, electronic, video, or digital device that	457
is capable of accepting anything of value, directly or indirectly,	458
from or on behalf of a player who gives the thing of value in the	459
hope of gain, the outcome of which is determined largely or wholly	460
by chance;	461

(b) Any mechanical, electronic, video, or digital device that	462
is capable of accepting anything of value, directly or indirectly,	463
from or on behalf of a player to conduct or dispense bingo or a	464
scheme or game of chance.	465

(2) "Slot machine" does not include a skill-based amusement	466
machine.	467

(WW) "Net profit from the proceeds of the sale of instant	468
bingo" means gross profit minus the ordinary, necessary, and	469
reasonable expense expended for the purchase of instant bingo	470
supplies.	471

(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

(YY) "Game flare" means the board or placard that accompanies	485
each deal of instant bingo tickets and that has printed on or	486
affixed to it the following information for the game:	487

(1) The name of the game;

488

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

489

(3) The form number;

490

(4) The ticket count;

491

(5) The prize structure, including the number of winning	492
instant bingo tickets by denomination and the respective winning	493
symbol or number combinations for the winning instant bingo	494
tickets;	495

(6) The cost per play;

496

(7) The serial number of the game.

497

(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

(a) The machine involves a task, game, play, contest,	521
competition, or tournament in which the player actively	522
participates in the task, game, play, contest, competition, or	523
tournament.	524

(b) The outcome of an individual's play and participation is	525
not determined largely or wholly by chance.	526

(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) The wholesale value of a merchandise prize awarded as a	534
result of the single play of a machine does not exceed ten	535
dollars;	536

(b) Redeemable vouchers awarded for any single play of a	537
machine are not redeemable for a merchandise prize with a	538
wholesale value of more than ten dollars;	539

(c) Redeemable vouchers are not redeemable for a merchandise	540
prize that has a wholesale value of more than ten dollars times	541
the fewest number of single plays necessary to accrue the	542
redeemable vouchers required to obtain that prize; and	543

(d) Any redeemable vouchers or merchandise prizes are	544
distributed at the site of the skill-based amusement machine at	545
the time of play.	546

(2) A device shall not be considered a skill-based amusement	547
machine and shall be considered a slot machine if it pays cash or	548
one or more of the following apply:	549

(a) The ability of a player to succeed at the game is	550
impacted by the number or ratio of prior wins to prior losses of	551
players playing the game.	552

(b) Any reward of redeemable vouchers is not based solely on	553
the player achieving the object of the game or the players score;	554

(c) The outcome of the game, or the value of the redeemable	555
voucher or merchandise prize awarded for winning the game, can be	556
controlled by a source other than any player playing the game.	557

(d) The success of any player is or may be determined by a	558
chance event that cannot be altered by player actions.	559

(e) The ability of any player to succeed at the game is	560
determined by game features not visible or known to the player.	561

(f) The ability of the player to succeed at the game is	562
impacted by the exercise of a skill that no reasonable player	563
could exercise.	564

(2)(3) All of the following apply to any machine that is	565
operated as described in division (AAA)(1) of this section:	566

(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

(b) Advance play for a single task, game, play, contest,	574
competition, or tournament participation may be purchased. The	575
cost of the contest, competition, or tournament participation may	576
be greater than a single non-contestnoncontest, competition, or	577
tournament play.	578

(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

(4) For purposes of division (AAA)(1) of this section, the	586
mere presence of a device, such as a pin-setting, ball-releasing,	587
or scoring mechanism, that does not contribute to or affect the	588
outcome of the play of the game does not make the device a	589
skill-based amusement machine.	590

(BBB) "Merchandise prize" means any item of value, but shall	591
not include any of the following:	592

(1) Cash, gift cards, or any equivalent thereof;

593

(2) Plays on games of chance, state lottery tickets, bingo,	594
or instant bingo;	595

(3) Firearms, tobacco, or alcoholic beverages; or

596

(4) A redeemable voucher that is redeemable for any of the	597
items listed in division (BBB)(1), (2), or (3) of this section.	598

(CCC) "Redeemable voucher" means any ticket, token, coupon,	599
receipt, or other noncash representation of value.	600

(DDD) "Pool not conducted for profit" means a scheme in which	601
a participant gives a valuable consideration for a chance to win a	602
prize and the total amount of consideration wagered is distributed	603
to a participant or participants.	604

(CCC)(EEE) "Sporting organization" means a hunting, fishing,	605
or trapping organization, other than a college or high school	606
fraternity or sorority, that is not organized for profit, that is	607
affiliated with a state or national sporting organization,	608
including but not limited to, the Ohio Leagueleague of sportsmen,	609
and that has been in continuous existence in this state for a	610
period of three years.	611

(DDD)(FFF) "Community action agency" has the same meaning as	612
in section 122.66 of the Revised Code.	613

Sec. 2915.06. (A) No person shall give to another person any	614
item described in division (BBB)(1), (2), (3), or (4) of section	615
2915.01 of the Revised Code in exchange for a noncash prize, toy,	616
or novelty received as a reward for playing or operating a	617
skill-based amusement machine or for a free or reduced-price	618
game won on a skill-based amusement machine.	619

(B) Whoever violates division (A) of this section is guilty	620
of skill-based amusement machine prohibited conduct. A violation	621
of division (A) of this section is a misdemeanor of the first	622
degree for each redemption of a prize that is involved in the	623
violation. If the offender previously has been convicted of a	624
violation of division (A) of this section, a violation of that	625
division is a felony of the fifth degree for each redemption of	626
a prize that is involved in the violation. The maximum fine	627
authorized to be imposed for a felony of the fifth degree shall	628
be imposed upon the offender.	629

Sec. 2915.061. Any regulation of skill-based amusement	630
machines shall be governed by this chapter and not by Chapter	631
1345. of the Revised Code.	632

Sec. 3769.07.  Except as otherwise provided in this section,	633
no permit shall be issued under sections 3769.01 to 3769.14 of the	634
Revised Code, authorizing the conduct of a live racing program for	635
thoroughbred horses and quarter horses at any place, track, or	636
enclosure except between the hours of twelve noon and seven p.m.,	637
for running horse-racing meetings, except that on special events	638
days running horse-racing meetings may begin at nine a.m. by	639
application to the state racing commission and except that the	640
seven p.m. time may be extended to eight p.m. on a Sunday or	641
holiday by application to the commission, and no permit shall be	642
issued under those sections authorizing the conduct of a live	643
racing program for harness horses at any place, track, or	644
enclosure except between the hours of twelve noon and twelve	645
midnight for light harness horse-racing meetings. The seven p.m.	646
and eight p.m. closing times described in this section shall upon	647
application to the commission be extended to nine p.m. for any	648
running horse-racing meeting conducted between the fifteenth day	649
of May and the fifteenth day of September at a track that is	650
located more than twenty-five miles from a track located in this	651
state where a light harness horse-racing meeting, other than a	652
light harness horse-racing meeting at a county fair or independent	653
fair, is being conducted and that is located less than twenty-five	654
miles from a track located outside this state. A permit issued	655
for horse racing at a county fair shall authorize live horse	656
racing to begin at nine a.m. No	657

No permit shall be granted for the holding or conducting of a	658
horse-racing meeting after the tenth day of December in any	659
calendar year, except for racing at winterized tracks. "Winterized	660
track" means a track with enclosed club house or grandstand,	661
all-weather racing track, heated facilities for jockeys or	662
drivers, backstretch facilities that are properly prepared for	663
winter racing, and adequate snow removal equipment available. No	664

No permit shall be issued for more than an aggregate of	665
fifty-six racing days in any one calendar year, except that an	666
additional five days of racing may be approved by the commission	667
upon application by a permit holder and except that an additional	668
thirty days of racing may be granted for racing at any time after	669
the fifteenth day of October and prior to the fifteenth day of	670
March to a permit holder who has a winterized facility, but no	671
more than thirty such additional days may be issued at any one	672
track or enclosure. No more than an aggregate of fifty-six racing	673
days shall be issued in any one calendar year for any one race	674
track, place, or enclosure, except for the additional five days of	675
racing for each permit holder which may be approved by the	676
commission pursuant to this section, except as provided in	677
sections 3769.071 and 3769.13 of the Revised Code, except for	678
racing days granted as a result of a winterized facility, and	679
except that the commission may issue a second permit for a maximum	680
of fifty-six racing days for any one track, place, or enclosure,	681
if the commission determines that the issuance of such second	682
permit is not against the public interest. No such second permit	683
shall be issued:	684

(A) For the operation of racing in any county with a	685
population of less than seven hundred thousand or for the	686
operation of racing in any county which has more than one race	687
track at which a racing meet has been authorized, except as	688
provided in this division and in sections 3769.071 and 3769.13 of	689
the Revised Code, in the same year by the commission. A second	690
permit issued pursuant to this division may be issued at either or	691
both race tracks in a county that has only two race tracks if a	692
racing meet has been authorized at both race tracks in the same	693
year by the commission and one race track has been authorized to	694
conduct thoroughbred racing meets and the other race track has	695
been authorized to conduct harness racing meets. When such second	696
permit is issued pursuant to this division for racing at the one	697
race track, racing shall not be conducted at that race track on	698
the same day that racing is conducted at the other race track in	699
the county except by mutual agreement of the two race tracks.	700

(B) To any corporation having one or more shareholders owning	701
an interest in any other permit issued by the commission for the	702
operation of racing, in the same year, at any other race track,	703
place, or enclosure in this state;	704

(C) To any person, association, or trust which owns, or which	705
has any members owning, an interest in any other permit issued by	706
the commission for the operation of racing, in the same year, at	707
any other race track, place, or enclosure in this state.	708

No permit shall be issued so as to permit live racing	709
programs on the same hour at more than one track in one county or	710
on tracks in operation in 1975 within fifty miles of each other,	711
nor shall any other form of pari-mutuel wagering other than horse	712
racing be permitted within seventy-five miles of a track where	713
horse racing is being conducted, except that this provision shall	714
not apply to a horse-racing meeting held at the state fair or at a	715
fair conducted by a county agricultural society or at a fair	716
conducted by an independent agricultural society; nor shall more	717
than one permit in any one year be granted to the same person,	718
association, trust, or corporation for the holding or conducting	719
of a horse-racing meeting, at more than one race track, place, or	720
enclosure in this state. Distribution of days shall not apply to	721
fairs or horse shows not required to secure a permit under such	722
section. Notwithstanding any other provision of this chapter, a	723
person, association, trust, or corporation may own or operate two	724
separate facilities in this state that are conducting	725
horse-racing meetings.	726

A permit, granted under sections 3769.01 to 3769.14 of the	727
Revised Code, shall be conspicuously displayed during the	728
horse-racing meeting in the principal office at such race track	729
and at all reasonable times shall be exhibited to any authorized	730
person requesting to see the same.	731

Section 2. That existing sections 2915.01 and 3769.07 of the	732
Revised Code are hereby repealed.	733

Section 3. This act is hereby declared to be an emergency	734
measure necessary for the immediate preservation of the public	735
peace, health, and safety. The reason for this necessity lies in	736
the fact that a change in the definition of "skill-based amusement	737
machine" must be made very soon to clarify the legality of the	738
operation of these machines. Therefore, this act shall go into	739
immediate effect.	740