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| To amend sections 109.32, 2915.01, 2915.02, 2915.07, | 1 |
| 2915.081, 2915.09, and 2915.091 and to enact | 2 |
| section 2915.083 of the Revised Code to allow a | 3 |
| charitable organization to obtain a short-term | 4 |
| license to conduct bingo, instant bingo at a bingo | 5 |
| session, or instant bingo other than at a bingo | 6 |
| session. | 7 |
| Section 1. That sections 109.32, 2915.01, 2915.02, 2915.07, | 8 |
| 2915.081, 2915.09, and 2915.091 be amended and section 2915.083 of | 9 |
| the Revised Code be enacted to read as follows: | 10 |
| Sec. 109.32. All annual filing fees obtained by the attorney | 11 |
| general pursuant to section 109.31 of the Revised Code, all | 12 |
| receipts obtained from the sale of the charitable foundations | 13 |
| directory, all registration fees received by the attorney general, | 14 |
| bond forfeitures, awards of costs and attorney's fees, and civil | 15 |
| penalties assessed under Chapter 1716. of the Revised Code, and | 16 |
| all license fees received by the attorney general under section | 17 |
| 2915.08, 2915.081, | 18 |
| shall be paid into the state treasury to the credit of the | 19 |
| charitable law fund. The charitable law fund shall be used insofar | 20 |
| as its moneys are available for the expenses of the charitable law | 21 |
| section of the office of the attorney general, except that all | 22 |
| 23 | |
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under section 2915.08, 2915.081, | 24 |
| Revised Code and that are credited to the fund shall be used by | 25 |
| the attorney general, or any law enforcement agency in cooperation | 26 |
| with the attorney general, for the purposes specified in division | 27 |
| (H) of section 2915.10 of the Revised Code and to administer and | 28 |
| enforce Chapter 2915. of the Revised Code. The expenses of the | 29 |
| charitable law section in excess of moneys available in the | 30 |
| charitable law fund shall be paid out of regular appropriations to | 31 |
| the office of the attorney general. | 32 |
| Sec. 2915.01. As used in this chapter: | 33 |
| (A) "Bookmaking" means the business of receiving or paying | 34 |
| off bets. | 35 |
| (B) "Bet" means the hazarding of anything of value upon the | 36 |
| result of an event, undertaking, or contingency, but does not | 37 |
| include a bona fide business risk. | 38 |
| (C) "Scheme of chance" means a slot machine, lottery, numbers | 39 |
| game, pool conducted for profit, or other scheme in which a | 40 |
| participant gives a valuable consideration for a chance to win a | 41 |
| prize, but does not include bingo, a skill-based amusement | 42 |
| machine, or a pool not conducted for profit. | 43 |
| (D) "Game of chance" means poker, craps, roulette, or other | 44 |
| game in which a player gives anything of value in the hope of | 45 |
| gain, the outcome of which is determined largely by chance, but | 46 |
| does not include bingo. | 47 |
| (E) "Game of chance conducted for profit" means any game of | 48 |
| chance designed to produce income for the person who conducts or | 49 |
| operates the game of chance, but does not include bingo. | 50 |
| (F) "Gambling device" means any of the following: | 51 |
| (1) A book, totalizer, or other equipment for recording bets; | 52 |
| (2) A ticket, token, or other device representing a chance, | 53 |
| share, or interest in a scheme of chance or evidencing a bet; | 54 |
| (3) A deck of cards, dice, gaming table, roulette wheel, slot | 55 |
| machine, or other apparatus designed for use in connection with a | 56 |
| game of chance; | 57 |
| (4) Any equipment, device, apparatus, or paraphernalia | 58 |
| specially designed for gambling purposes; | 59 |
| (5) Bingo supplies sold or otherwise provided, or used, in | 60 |
| violation of this chapter. | 61 |
| (G) "Gambling offense" means any of the following: | 62 |
| (1) A violation of section 2915.02, 2915.03, 2915.04, | 63 |
| 2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, | 64 |
| 2915.092, 2915.10, or 2915.11 of the Revised Code; | 65 |
| (2) A violation of an existing or former municipal ordinance | 66 |
| or law of this or any other state or the United States | 67 |
| substantially equivalent to any section listed in division (G)(1) | 68 |
| of this section or a violation of section 2915.06 of the Revised | 69 |
| Code as it existed prior to July 1, 1996; | 70 |
| (3) An offense under an existing or former municipal | 71 |
| ordinance or law of this or any other state or the United States, | 72 |
| of which gambling is an element; | 73 |
| (4) A conspiracy or attempt to commit, or complicity in | 74 |
| committing, any offense under division (G)(1), (2), or (3) of this | 75 |
| section. | 76 |
| (H) Except as otherwise provided in this chapter, "charitable | 77 |
| organization" means any tax exempt religious, educational, | 78 |
| veteran's, fraternal, sporting, service, nonprofit medical, | 79 |
| volunteer rescue service, volunteer firefighter's, senior | 80 |
| citizen's, historic railroad educational, youth athletic, amateur | 81 |
| athletic, or youth athletic park organization. An organization is | 82 |
| tax exempt if the organization is, and has received from the | 83 |
| internal revenue service a determination letter that currently is | 84 |
| in effect stating that the organization is, exempt from federal | 85 |
| income taxation under subsection 501(a) and described in | 86 |
| subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 87 |
| 501(c)(19) of the Internal Revenue Code, or if the organization is | 88 |
| a sporting organization that is exempt from federal income | 89 |
| taxation under subsection 501(a) and is described in subsection | 90 |
| 501(c)(7) of the Internal Revenue Code. To qualify as a charitable | 91 |
| organization, an organization, except a volunteer rescue service | 92 |
| or volunteer
| 93 |
| been in continuous existence as such in this state for a period of | 94 |
| two years immediately preceding either the making of an | 95 |
| application for a bingo license under section 2915.08 or 2915.083 | 96 |
| of the Revised Code or the conducting of any game of chance as | 97 |
| provided in division (D) of section 2915.02 of the Revised Code. A | 98 |
| charitable organization that is exempt from federal income | 99 |
| taxation under subsection 501(a) and described in subsection | 100 |
| 501(c)(3) of the Internal Revenue Code and that is created by a | 101 |
| veteran's organization, a fraternal organization, or a sporting | 102 |
| organization does not have to have been in continuous existence as | 103 |
| such in this state for a period of two years immediately preceding | 104 |
| either the making of an application for a bingo license under | 105 |
| section 2915.08 or 2915.083 of the Revised Code or the conducting | 106 |
| of any game of chance as provided in division (D) of section | 107 |
| 2915.02 of the Revised Code. | 108 |
| (I) "Religious organization" means any church, body of | 109 |
| communicants, or group that is not organized or operated for | 110 |
| profit and that gathers in common membership for regular worship | 111 |
| and religious observances. | 112 |
| (J) "Educational organization" means any organization within | 113 |
| this state that is not organized for profit, the primary purpose | 114 |
| of which is to educate and develop the capabilities of individuals | 115 |
| through instruction by means of operating or contributing to the | 116 |
| support of a school, academy, college, or university. | 117 |
| (K) "Veteran's organization" means any individual post or | 118 |
| state headquarters of a national veteran's association or an | 119 |
| auxiliary unit of any individual post of a national veteran's | 120 |
| association, which post, state headquarters, or auxiliary unit has | 121 |
| been in continuous existence in this state for at least two years | 122 |
| and incorporated as a nonprofit corporation and either has | 123 |
| received a letter from the state headquarters of the national | 124 |
| veteran's association indicating that the individual post or | 125 |
| auxiliary unit is in good standing with the national veteran's | 126 |
| association or has received a letter from the national veteran's | 127 |
| association indicating that the state headquarters is in good | 128 |
| standing with the national veteran's association. As used in this | 129 |
| division, "national veteran's association" means any veteran's | 130 |
| association that has been in continuous existence as such for a | 131 |
| period of at least five years and either is incorporated by an act | 132 |
| of the United States congress or has a national dues-paying | 133 |
| membership of at least five thousand persons. | 134 |
| (L) "Volunteer firefighter's organization" means any | 135 |
| organization of volunteer firefighters, as defined in section | 136 |
| 146.01 of the Revised Code, that is organized and operated | 137 |
| exclusively to provide financial support for a volunteer fire | 138 |
| department or a volunteer fire company and that is recognized or | 139 |
| ratified by a county, municipal corporation, or township. | 140 |
| (M) "Fraternal organization" means any society, order, state | 141 |
| headquarters, or association within this state, except a college | 142 |
| or high school fraternity, that is not organized for profit, that | 143 |
| is a branch, lodge, or chapter of a national or state | 144 |
| organization, that exists exclusively for the common business or | 145 |
| sodality of its members, and that has been in continuous existence | 146 |
| in this state for a period of five years. | 147 |
| (N) "Volunteer rescue service organization" means any | 148 |
| organization of volunteers organized to function as an emergency | 149 |
| medical service organization, as defined in section 4765.01 of the | 150 |
| Revised Code. | 151 |
| (O) "Service organization" means either of the following: | 152 |
| (1) Any organization, not organized for profit, that is | 153 |
| organized and operated exclusively to provide, or to contribute to | 154 |
| the support of organizations or institutions organized and | 155 |
| operated exclusively to provide, medical and therapeutic services | 156 |
| for persons who are crippled, born with birth defects, or have any | 157 |
| other mental or physical defect or those organized and operated | 158 |
| exclusively to protect, or to contribute to the support of | 159 |
| organizations or institutions organized and operated exclusively | 160 |
| to protect, animals from inhumane treatment or provide immediate | 161 |
| shelter to victims of domestic violence; | 162 |
| (2) Any organization that is described in subsection | 163 |
| 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 164 |
| and is either a governmental unit or an organization that is tax | 165 |
| exempt under subsection 501(a) and described in subsection | 166 |
| 501(c)(3) of the Internal Revenue Code and that is an | 167 |
| organization, not organized for profit, that is organized and | 168 |
| operated primarily to provide, or to contribute to the support of | 169 |
| organizations or institutions organized and operated primarily to | 170 |
| provide, medical and therapeutic services for persons who are | 171 |
| crippled, born with birth defects, or have any other mental or | 172 |
| physical defect. | 173 |
| (P) "Nonprofit medical organization" means either of the | 174 |
| following: | 175 |
| (1) Any organization that has been incorporated as a | 176 |
| nonprofit corporation for at least five years and that has | 177 |
| continuously operated and will be operated exclusively to provide, | 178 |
| or to contribute to the support of organizations or institutions | 179 |
| organized and operated exclusively to provide, hospital, medical, | 180 |
| research, or therapeutic services for the public; | 181 |
| (2) Any organization that is described and qualified under | 182 |
| subsection 501(c)(3) of the Internal Revenue Code, that has been | 183 |
| incorporated as a nonprofit corporation for at least five years, | 184 |
| and that has continuously operated and will be operated primarily | 185 |
| to provide, or to contribute to the support of organizations or | 186 |
| institutions organized and operated primarily to provide, | 187 |
| hospital, medical, research, or therapeutic services for the | 188 |
| public. | 189 |
| (Q) "Senior citizen's organization" means any private | 190 |
| organization, not organized for profit, that is organized and | 191 |
| operated exclusively to provide recreational or social services | 192 |
| for persons who are fifty-five years of age or older and that is | 193 |
| described and qualified under subsection 501(c)(3) of the Internal | 194 |
| Revenue Code. | 195 |
| (R) "Charitable bingo game" means any bingo game described in | 196 |
| division (S)(1) or (2) of this section that is conducted by a | 197 |
| charitable organization that has obtained a license pursuant to | 198 |
| section 2915.08 or 2915.083 of the Revised Code and the proceeds | 199 |
| of which are used for a charitable purpose. | 200 |
| (S) "Bingo" means either of the following: | 201 |
| (1) A game with all of the following characteristics: | 202 |
| (a) The participants use bingo cards or sheets, including | 203 |
| paper formats and electronic representation or image formats, that | 204 |
| are divided into twenty-five spaces arranged in five horizontal | 205 |
| and five vertical rows of spaces, with each space, except the | 206 |
| central space, being designated by a combination of a letter and a | 207 |
| number and with the central space being designated as a free | 208 |
| space. | 209 |
| (b) The participants cover the spaces on the bingo cards or | 210 |
| sheets that correspond to combinations of letters and numbers that | 211 |
| are announced by a bingo game operator. | 212 |
| (c) A bingo game operator announces combinations of letters | 213 |
| and numbers that appear on objects that a bingo game operator | 214 |
| selects by chance, either manually or mechanically, from a | 215 |
| receptacle that contains seventy-five objects at the beginning of | 216 |
| each game, each object marked by a different combination of a | 217 |
| letter and a number that corresponds to one of the seventy-five | 218 |
| possible combinations of a letter and a number that can appear on | 219 |
| the bingo cards or sheets. | 220 |
| (d) The winner of the bingo game includes any participant who | 221 |
| properly announces during the interval between the announcements | 222 |
| of letters and numbers as described in division (S)(1)(c) of this | 223 |
| section, that a predetermined and preannounced pattern of spaces | 224 |
| has been covered on a bingo card or sheet being used by the | 225 |
| participant. | 226 |
| (2) Instant bingo, punch boards, and raffles. | 227 |
| (T) "Conduct" means to back, promote, organize, manage, carry | 228 |
| on, sponsor, or prepare for the operation of bingo or a game of | 229 |
| chance. | 230 |
| (U) "Bingo game operator" means any person, except security | 231 |
| personnel, who performs work or labor at the site of bingo, | 232 |
| including, but not limited to, collecting money from participants, | 233 |
| handing out bingo cards or sheets or objects to cover spaces on | 234 |
| bingo cards or sheets, selecting from a receptacle the objects | 235 |
| that contain the combination of letters and numbers that appear on | 236 |
| bingo cards or sheets, calling out the combinations of letters and | 237 |
| numbers, distributing prizes, selling or redeeming instant bingo | 238 |
| tickets or cards, supervising the operation of a punch board, | 239 |
| selling raffle tickets, selecting raffle tickets from a receptacle | 240 |
| and announcing the winning numbers in a raffle, and preparing, | 241 |
| selling, and serving food or beverages. | 242 |
| (V) "Participant" means any person who plays bingo. | 243 |
| (W) "Bingo session" means a period that includes both of the | 244 |
| following: | 245 |
| (1) Not to exceed five continuous hours for the conduct of | 246 |
| one or more games described in division (S)(1) of this section, | 247 |
| instant bingo, and seal cards; | 248 |
| (2) A period for the conduct of instant bingo and seal cards | 249 |
| for not more than two hours before and not more than two hours | 250 |
| after the period described in division (W)(1) of this section. | 251 |
| (X) "Gross receipts" means all money or assets, including | 252 |
| admission fees, that a person receives from bingo without the | 253 |
| deduction of any amounts for prizes paid out or for the expenses | 254 |
| of conducting bingo. "Gross receipts" does not include any money | 255 |
| directly taken in from the sale of food or beverages by a | 256 |
| charitable organization conducting bingo, or by a bona fide | 257 |
| auxiliary unit or society of a charitable organization conducting | 258 |
| bingo, provided all of the following apply: | 259 |
| (1) The auxiliary unit or society has been in existence as a | 260 |
| bona fide auxiliary unit or society of the charitable organization | 261 |
| for at least two years prior to conducting bingo. | 262 |
| (2) The person who purchases the food or beverage receives | 263 |
| nothing of value except the food or beverage and items customarily | 264 |
| received with the purchase of that food or beverage. | 265 |
| (3) The food and beverages are sold at customary and | 266 |
| reasonable prices. | 267 |
| (Y) "Security personnel" includes any person who either is a | 268 |
| sheriff, deputy sheriff, marshal, deputy marshal, township | 269 |
| constable, or member of an organized police department of a | 270 |
| municipal corporation or has successfully completed a peace | 271 |
| officer's training course pursuant to sections 109.71 to 109.79 of | 272 |
| the Revised Code and who is hired to provide security for the | 273 |
| premises on which bingo is conducted. | 274 |
| (Z) "Charitable purpose" means that the net profit of bingo, | 275 |
| other than instant bingo, is used by, or is given, donated, or | 276 |
| otherwise transferred to, any of the following: | 277 |
| (1) Any organization that is described in subsection | 278 |
| 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 279 |
| and is either a governmental unit or an organization that is tax | 280 |
| exempt under subsection 501(a) and described in subsection | 281 |
| 501(c)(3) of the Internal Revenue Code; | 282 |
| (2) A veteran's organization that is a post, chapter, or | 283 |
| organization of veterans, or an auxiliary unit or society of, or a | 284 |
| trust or foundation for, any such post, chapter, or organization | 285 |
| organized in the United States or any of its possessions, at least | 286 |
| seventy-five per cent of the members of which are veterans and | 287 |
| substantially all of the other members of which are individuals | 288 |
| who are spouses, widows, or widowers of veterans, or such | 289 |
| individuals, provided that no part of the net earnings of such | 290 |
| post, chapter, or organization inures to the benefit of any | 291 |
| private shareholder or individual, and further provided that the | 292 |
| net profit is used by the post, chapter, or organization for the | 293 |
| charitable purposes set forth in division (B)(12) of section | 294 |
| 5739.02 of the Revised Code, is used for awarding scholarships to | 295 |
| or for attendance at an institution mentioned in division (B)(12) | 296 |
| of section 5739.02 of the Revised Code, is donated to a | 297 |
| governmental agency, or is used for nonprofit youth activities, | 298 |
| the purchase of United States or Ohio flags that are donated to | 299 |
| schools, youth groups, or other bona fide nonprofit organizations, | 300 |
| promotion of patriotism, or disaster relief; | 301 |
| (3) A fraternal organization that has been in continuous | 302 |
| existence in this state for fifteen years and that uses the net | 303 |
| profit exclusively for religious, charitable, scientific, | 304 |
| literary, or educational purposes, or for the prevention of | 305 |
| cruelty to children or animals, if contributions for such use | 306 |
| would qualify as a deductible charitable contribution under | 307 |
| subsection 170 of the Internal Revenue Code; | 308 |
| (4) A volunteer firefighter's organization that uses the net | 309 |
| profit for the purposes set forth in division (L) of this section. | 310 |
| (AA) "Internal Revenue Code" means the "Internal Revenue Code | 311 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 312 |
| amended. | 313 |
| (BB) "Youth athletic organization" means any organization, | 314 |
| not organized for profit, that is organized and operated | 315 |
| exclusively to provide financial support to, or to operate, | 316 |
| athletic activities for persons who are twenty-one years of age or | 317 |
| younger by means of sponsoring, organizing, operating, or | 318 |
| contributing to the support of an athletic team, club, league, or | 319 |
| association. | 320 |
| (CC) "Youth athletic park organization" means any | 321 |
| organization, not organized for profit, that satisfies both of the | 322 |
| following: | 323 |
| (1) It owns, operates, and maintains playing fields that | 324 |
| satisfy both of the following: | 325 |
| (a) The playing fields are used at least one hundred days per | 326 |
| year for athletic activities by one or more organizations, not | 327 |
| organized for profit, each of which is organized and operated | 328 |
| exclusively to provide financial support to, or to operate, | 329 |
| athletic activities for persons who are eighteen years of age or | 330 |
| younger by means of sponsoring, organizing, operating, or | 331 |
| contributing to the support of an athletic team, club, league, or | 332 |
| association. | 333 |
| (b) The playing fields are not used for any profit-making | 334 |
| activity at any time during the year. | 335 |
| (2) It uses the proceeds of bingo it conducts exclusively for | 336 |
| the operation, maintenance, and improvement of its playing fields | 337 |
| of the type described in division (CC)(1) of this section. | 338 |
| (DD) "Amateur athletic organization" means any organization, | 339 |
| not organized for profit, that is organized and operated | 340 |
| exclusively to provide financial support to, or to operate, | 341 |
| athletic activities for persons who are training for amateur | 342 |
| athletic competition that is sanctioned by a national governing | 343 |
| body as defined in the "Amateur Sports Act of 1978," 90 Stat. | 344 |
| 3045, 36 U.S.C.A. 373. | 345 |
| (EE) "Bingo supplies" means bingo cards or sheets; instant | 346 |
| bingo tickets or cards; electronic bingo aids; raffle tickets; | 347 |
| punch boards; seal cards; instant bingo ticket dispensers; and | 348 |
| devices for selecting or displaying the combination of bingo | 349 |
| letters and numbers or raffle tickets. Items that are "bingo | 350 |
| supplies" are not gambling devices if sold or otherwise provided, | 351 |
| and used, in accordance with this chapter. For purposes of this | 352 |
| chapter, "bingo supplies" are not to be considered equipment used | 353 |
| to conduct a bingo game. | 354 |
| (FF) "Instant bingo" means a form of bingo that uses folded | 355 |
| or banded tickets or paper cards with perforated break-open tabs, | 356 |
| a face of which is covered or otherwise hidden from view to | 357 |
| conceal a number, letter, or symbol, or set of numbers, letters, | 358 |
| or symbols, some of which have been designated in advance as prize | 359 |
| winners. "Instant bingo" includes seal cards. "Instant bingo" does | 360 |
| not include any device that is activated by the insertion of a | 361 |
| coin, currency, token, or an equivalent, and that contains as one | 362 |
| of its components a video display monitor that is capable of | 363 |
| displaying numbers, letters, symbols, or characters in winning or | 364 |
| losing combinations. | 365 |
| (GG) "Seal card" means a form of instant bingo that uses | 366 |
| instant bingo tickets in conjunction with a board or placard that | 367 |
| contains one or more seals that, when removed or opened, reveal | 368 |
| predesignated winning numbers, letters, or symbols. | 369 |
| (HH) "Raffle" means a form of bingo in which the one or more | 370 |
| prizes are won by one or more persons who have purchased a raffle | 371 |
| ticket. The one or more winners of the raffle are determined by | 372 |
| drawing a ticket stub or other detachable section from a | 373 |
| receptacle containing ticket stubs or detachable sections | 374 |
| corresponding to all tickets sold for the raffle. | 375 |
| (II) "Punch board" means a board containing a number of holes | 376 |
| or receptacles of uniform size in which are placed, mechanically | 377 |
| and randomly, serially numbered slips of paper that may be punched | 378 |
| or drawn from the hole or receptacle when used in conjunction with | 379 |
| instant bingo. A player may punch or draw the numbered slips of | 380 |
| paper from the holes or receptacles and obtain the prize | 381 |
| established for the game if the number drawn corresponds to a | 382 |
| winning number or, if the punch board includes the use of a seal | 383 |
| card, a potential winning number. | 384 |
| (JJ) "Gross profit" means gross receipts minus the amount | 385 |
| actually expended for the payment of prize awards. | 386 |
| (KK) "Net profit" means gross profit minus expenses. | 387 |
| (LL) "Expenses" means the reasonable amount of gross profit | 388 |
| actually expended for all of the following: | 389 |
| (1) The purchase or lease of bingo supplies; | 390 |
| (2) The annual license fee required under section 2915.08 of | 391 |
| the Revised Code; | 392 |
| (3) Bank fees and service charges for a bingo session or game | 393 |
| account described in section 2915.10 of the Revised Code; | 394 |
| (4) Audits and accounting services; | 395 |
| (5) Safes; | 396 |
| (6) Cash registers; | 397 |
| (7) Hiring security personnel; | 398 |
| (8) Advertising bingo; | 399 |
| (9) Renting premises in which to conduct a bingo session; | 400 |
| (10) Tables and chairs; | 401 |
| (11) Expenses for maintaining and operating a charitable | 402 |
| organization's facilities, including, but not limited to, a post | 403 |
| home, club house, lounge, tavern, or canteen and any grounds | 404 |
| attached to the post home, club house, lounge, tavern, or canteen; | 405 |
| (12) Any other product or service directly related to the | 406 |
| conduct of bingo that is authorized in rules adopted by the | 407 |
| attorney general under division (B)(1) of section 2915.08 of the | 408 |
| Revised Code. | 409 |
| (MM) "Person" has the same meaning as in section 1.59 of the | 410 |
| Revised Code and includes any firm or any other legal entity, | 411 |
| however organized. | 412 |
| (NN) "Revoke" means to void permanently all rights and | 413 |
| privileges of the holder of a license issued under section | 414 |
|
2915.08, 2915.081, | 415 |
| a charitable gaming license issued by another jurisdiction. | 416 |
| (OO) "Suspend" means to interrupt temporarily all rights and | 417 |
| privileges of the holder of a license issued under section | 418 |
|
2915.08, 2915.081, | 419 |
| a charitable gaming license issued by another jurisdiction. | 420 |
| (PP) "Distributor" means any person who purchases or obtains | 421 |
| bingo supplies and who does either of the following: | 422 |
| (1) Sells, offers for sale, or otherwise provides or offers | 423 |
| to provide the bingo supplies to another person for use in this | 424 |
| state; | 425 |
| (2) Modifies, converts, adds to, or removes parts from the | 426 |
| bingo supplies to further their promotion or sale for use in this | 427 |
| state. | 428 |
| (QQ) "Manufacturer" means any person who assembles completed | 429 |
| bingo supplies from raw materials, other items, or subparts or who | 430 |
| modifies, converts, adds to, or removes parts from bingo supplies | 431 |
| to further their promotion or sale. | 432 |
| (RR) "Gross annual revenues" means the annual gross receipts | 433 |
| derived from the conduct of bingo described in division (S)(1) of | 434 |
| this section plus the annual net profit derived from the conduct | 435 |
| of bingo described in division (S)(2) of this section. | 436 |
| (SS) "Instant bingo ticket dispenser" means a mechanical | 437 |
| device that dispenses an instant bingo ticket or card as the sole | 438 |
| item of value dispensed and that has the following | 439 |
| characteristics: | 440 |
| (1) It is activated upon the insertion of United States | 441 |
| currency. | 442 |
| (2) It performs no gaming functions. | 443 |
| (3) It does not contain a video display monitor or generate | 444 |
| noise. | 445 |
| (4) It is not capable of displaying any numbers, letters, | 446 |
| symbols, or characters in winning or losing combinations. | 447 |
| (5) It does not simulate or display rolling or spinning | 448 |
| reels. | 449 |
| (6) It is incapable of determining whether a dispensed bingo | 450 |
| ticket or card is a winning or nonwinning ticket or card and | 451 |
| requires a winning ticket or card to be paid by a bingo game | 452 |
| operator. | 453 |
| (7) It may provide accounting and security features to aid in | 454 |
| accounting for the instant bingo tickets or cards it dispenses. | 455 |
| (8) It is not part of an electronic network and is not | 456 |
| interactive. | 457 |
| (TT)(1) "Electronic bingo aid" means an electronic device | 458 |
| used by a participant to monitor bingo cards or sheets purchased | 459 |
| at the time and place of a bingo session and that does all of the | 460 |
| following: | 461 |
| (a) It provides a means for a participant to input numbers | 462 |
| and letters announced by a bingo caller. | 463 |
| (b) It compares the numbers and letters entered by the | 464 |
| participant to the bingo faces previously stored in the memory of | 465 |
| the device. | 466 |
| (c) It identifies a winning bingo pattern. | 467 |
| (2) "Electronic bingo aid" does not include any device into | 468 |
| which a coin, currency, token, or an equivalent is inserted to | 469 |
| activate play. | 470 |
| (UU) "Deal of instant bingo tickets" means a single game of | 471 |
| instant bingo tickets all with the same serial number. | 472 |
| (VV)(1) "Slot machine" | 473 |
| (a) Any mechanical, electronic, video, or digital device that | 474 |
| is capable of accepting anything of value, directly or indirectly, | 475 |
| from or on behalf of a player who gives the thing of value in the | 476 |
| hope of gain, the outcome of which is determined largely or wholly | 477 |
| by chance; | 478 |
| (b) 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 to conduct or dispense bingo or a | 481 |
| scheme or game of chance. | 482 |
| (2) "Slot machine" does not include a skill-based amusement | 483 |
| machine. | 484 |
| (WW) "Net profit from the proceeds of the sale of instant | 485 |
| bingo" means gross profit minus the ordinary, necessary, and | 486 |
| reasonable expense expended for the purchase of instant bingo | 487 |
| supplies. | 488 |
| (XX) "Charitable instant bingo organization" means an | 489 |
| organization that is exempt from federal income taxation under | 490 |
| subsection 501(a) and described in subsection 501(c)(3) of the | 491 |
| Internal Revenue Code and is a charitable organization as defined | 492 |
| in this section. A "charitable instant bingo organization" does | 493 |
| not include a charitable organization that is exempt from federal | 494 |
| income taxation under subsection 501(a) and described in | 495 |
| subsection 501(c)(3) of the Internal Revenue Code and that is | 496 |
| created by a veteran's organization, a fraternal organization, or | 497 |
| a sporting organization in regards to bingo conducted or assisted | 498 |
| by a veteran's organization, a fraternal organization, or a | 499 |
| sporting organization pursuant to section 2915.13 of the Revised | 500 |
| Code. | 501 |
| (YY) "Game flare" means the board or placard that accompanies | 502 |
| each deal of instant bingo tickets and that has printed on or | 503 |
| affixed to it the following information for the game: | 504 |
| (1) The name of the game; | 505 |
| (2) The manufacturer's name or distinctive logo; | 506 |
| (3) The form number; | 507 |
| (4) The ticket count; | 508 |
| (5) The prize structure, including the number of winning | 509 |
| instant bingo tickets by denomination and the respective winning | 510 |
| symbol or number combinations for the winning instant bingo | 511 |
| tickets; | 512 |
| (6) The cost per play; | 513 |
| (7) The serial number of the game. | 514 |
| (ZZ) "Historic railroad educational organization" means an | 515 |
| organization that is exempt from federal income taxation under | 516 |
| subsection 501(a) and described in subsection 501(c)(3) of the | 517 |
| Internal Revenue Code, that owns in fee simple the tracks and the | 518 |
| right of way of a historic railroad that the organization restores | 519 |
| or maintains and on which the organization provides excursions as | 520 |
| part of a program to promote tourism and educate visitors | 521 |
| regarding the role of railroad transportation in Ohio history, and | 522 |
| that received as donations from a charitable organization that | 523 |
| holds a license to conduct bingo under this chapter an amount | 524 |
| equal to at least fifty per cent of that licensed charitable | 525 |
| organization's net proceeds from the conduct of bingo during each | 526 |
| of the five years preceding June 30, 2003. "Historic railroad" | 527 |
| means all or a portion of the tracks and right-of-way of a | 528 |
| railroad that was owned and operated by a for-profit common | 529 |
| carrier in this state at any time prior to January 1, 1950. | 530 |
| (AAA)(1) "Skill-based amusement machine" means a skill-based | 531 |
| amusement device, such as a mechanical, electronic, video, or | 532 |
| digital device, or machine, whether or not the skill-based | 533 |
| amusement machine requires payment for use through a coin or bill | 534 |
| validator or other payment of consideration or value to | 535 |
| participate in the machine's offering or to activate the machine, | 536 |
| provided that all of the following apply: | 537 |
| (a) The machine involves a task, game, play, contest, | 538 |
| competition, or tournament in which the player actively | 539 |
| participates in the task, game, play, contest, competition, or | 540 |
| tournament. | 541 |
| (b) The outcome of an individual's play and participation is | 542 |
| not determined largely or wholly by chance. | 543 |
| (c) The outcome of play during a game is not controlled by a | 544 |
| person not actively participating in the game. | 545 |
| (2) All of the following apply to any machine that is | 546 |
| operated as described in division (AAA)(1) of this section: | 547 |
| (a) As used in this section, "task," "game," and "play" mean | 548 |
| one event from the initial activation of the machine until the | 549 |
| results of play are determined without payment of additional | 550 |
| consideration. An individual utilizing a machine that involves a | 551 |
| single task, game, play, contest, competition, or tournament may | 552 |
| be awarded prizes based on the results of play. | 553 |
| (b) Advance play for a single task, game, play, contest, | 554 |
| competition, or tournament participation may be purchased. The | 555 |
| cost of the contest, competition, or tournament participation may | 556 |
| be greater than a single non-contest, competition, or tournament | 557 |
| play. | 558 |
| (c) To the extent that the machine is used in a contest, | 559 |
| competition, or tournament, that contest, competition, or | 560 |
| tournament has a defined starting and ending date and is open to | 561 |
| participants in competition for scoring and ranking results toward | 562 |
| the awarding of prizes that are stated prior to the start of the | 563 |
| contest, competition, or tournament. | 564 |
| (BBB) "Pool not conducted for profit" means a scheme in which | 565 |
| a participant gives a valuable consideration for a chance to win a | 566 |
| prize and the total amount of consideration wagered is distributed | 567 |
| to a participant or participants. | 568 |
| (CCC) "Sporting organization" means a hunting, fishing, or | 569 |
| trapping organization, other than a college or high school | 570 |
| fraternity or sorority, that is not organized for profit, that is | 571 |
| affiliated with a state or national sporting organization, | 572 |
| including but not limited to, the Ohio | 573 |
| and that has been in continuous existence in this state for a | 574 |
| period of three years. | 575 |
| (DDD) "Community action agency" has the same meaning as in | 576 |
| section 122.66 of the Revised Code. | 577 |
| Sec. 2915.02. (A) No person shall do any of the following: | 578 |
| (1) Engage in bookmaking, or knowingly engage in conduct that | 579 |
| facilitates bookmaking; | 580 |
| (2) Establish, promote, or operate or knowingly engage in | 581 |
| conduct that facilitates any game of chance conducted for profit | 582 |
| or any scheme of chance; | 583 |
| (3) Knowingly procure, transmit, exchange, or engage in | 584 |
| conduct that facilitates the procurement, transmission, or | 585 |
| exchange of information for use in establishing odds or | 586 |
| determining winners in connection with bookmaking or with any game | 587 |
| of chance conducted for profit or any scheme of chance; | 588 |
| (4) Engage in betting or in playing any scheme or game of | 589 |
| chance as a substantial source of income or livelihood; | 590 |
| (5) With purpose to violate division (A)(1), (2), (3), or (4) | 591 |
| of this section, acquire, possess, control, or operate any | 592 |
| gambling device. | 593 |
| (B) For purposes of division (A)(1) of this section, a person | 594 |
| facilitates bookmaking if the person in any way knowingly aids an | 595 |
| illegal bookmaking operation, including, without limitation, | 596 |
| placing a bet with a person engaged in or facilitating illegal | 597 |
| bookmaking. For purposes of division (A)(2) of this section, a | 598 |
| person facilitates a game of chance conducted for profit or a | 599 |
| scheme of chance if the person in any way knowingly aids in the | 600 |
| conduct or operation of any such game or scheme, including, | 601 |
| without limitation, playing any such game or scheme. | 602 |
| (C) This section does not prohibit conduct in connection with | 603 |
| gambling expressly permitted by law. | 604 |
| (D) This section does not apply to any of the following: | 605 |
| (1) Games of chance, if all of the following apply: | 606 |
| (a) The games of chance are not craps for money or roulette | 607 |
| for money. | 608 |
| (b) The games of chance are conducted by a charitable | 609 |
| organization that is, and has received from the internal revenue | 610 |
| service a determination letter that is currently in effect, | 611 |
| stating that the organization is, exempt from federal income | 612 |
| taxation under subsection 501(a) and described in subsection | 613 |
| 501(c)(3) of the Internal Revenue Code. | 614 |
| (c) The games of chance are conducted at festivals of the | 615 |
| charitable organization that are conducted either for a period of | 616 |
| four consecutive days or less and not more than twice a year or | 617 |
| for a period of five consecutive days not more than once a year, | 618 |
| and are conducted on premises owned by the charitable organization | 619 |
| for a period of no less than one year immediately preceding the | 620 |
| conducting of the games of chance, on premises leased from a | 621 |
| governmental unit, or on premises that are leased from a veteran's | 622 |
| or fraternal organization and that have been owned by the lessor | 623 |
| veteran's or fraternal organization for a period of no less than | 624 |
| one year immediately preceding the conducting of the games of | 625 |
| chance. | 626 |
| A charitable organization shall not lease premises from a | 627 |
| veteran's or fraternal organization to conduct a festival | 628 |
| described in division (D)(1)(c) of this section if the veteran's | 629 |
| or fraternal organization already has leased the premises four | 630 |
| times during the preceding year to charitable organizations for | 631 |
| that purpose. If a charitable organization leases premises from a | 632 |
| veteran's or fraternal organization to conduct a festival | 633 |
| described in division (D)(1)(c) of this section, the charitable | 634 |
| organization shall not pay a rental rate for the premises per day | 635 |
| of the festival that exceeds the rental rate per bingo session | 636 |
| that a charitable organization may pay under division (B)(1) of | 637 |
| section 2915.09 of the Revised Code when it leases premises from | 638 |
| another charitable organization to conduct bingo games. | 639 |
| (d) All of the money or assets received from the games of | 640 |
| chance after deduction only of prizes paid out during the conduct | 641 |
| of the games of chance are used by, or given, donated, or | 642 |
| otherwise transferred to, any organization that is described in | 643 |
| subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 644 |
| Revenue Code and is either a governmental unit or an organization | 645 |
| that is tax exempt under subsection 501(a) and described in | 646 |
| subsection 501(c)(3) of the Internal Revenue Code; | 647 |
| (e) The games of chance are not conducted during, or within | 648 |
| ten hours of, a bingo game conducted for amusement purposes only | 649 |
| pursuant to section 2915.12 of the Revised Code. | 650 |
| No person shall receive any commission, wage, salary, reward, | 651 |
| tip, donation, gratuity, or other form of compensation, directly | 652 |
| or indirectly, for operating or assisting in the operation of any | 653 |
| game of chance. | 654 |
| (2) Any tag fishing tournament operated under a permit issued | 655 |
| under section 1533.92 of the Revised Code, as "tag fishing | 656 |
| tournament" is defined in section 1531.01 of the Revised Code; | 657 |
| (3) Bingo conducted by a charitable organization that holds a | 658 |
| license issued under section 2915.08 or 2915.083 of the Revised | 659 |
| Code. | 660 |
| (E) Division (D) of this section shall not be construed to | 661 |
| authorize the sale, lease, or other temporary or permanent | 662 |
| transfer of the right to conduct games of chance, as granted by | 663 |
| that division, by any charitable organization that is granted that | 664 |
| right. | 665 |
| (F) Whoever violates this section is guilty of gambling, a | 666 |
| misdemeanor of the first degree. If the offender previously has | 667 |
| been convicted of any gambling offense, gambling is a felony of | 668 |
| the fifth degree. | 669 |
| Sec. 2915.07. (A) No person, except a charitable | 670 |
| organization that has obtained a license pursuant to section | 671 |
| 2915.08 or 2915.083 of the Revised Code, shall conduct or | 672 |
| advertise bingo. This division does not apply to a raffle that a | 673 |
| charitable organization conducts or advertises. | 674 |
| (B) Whoever violates this section is guilty of conducting | 675 |
| illegal bingo, a felony of the fourth degree. | 676 |
| Sec. 2915.081. (A) No distributor shall sell, offer to sell, | 677 |
| or otherwise provide or offer to provide bingo supplies to another | 678 |
| person, or modify, convert, add to, or remove parts from bingo | 679 |
| supplies to further their promotion or sale, for use in this state | 680 |
| without having obtained a license from the attorney general under | 681 |
| this section. | 682 |
| (B) The attorney general may issue a distributor license to | 683 |
| any person that meets the requirements of this section. The | 684 |
| application for the license shall be on a form prescribed by the | 685 |
| attorney general and be accompanied by the annual fee prescribed | 686 |
| by this section. The license is valid for a period of one year, | 687 |
| and the annual fee for the license is five thousand dollars. | 688 |
| (C) The attorney general may refuse to issue a distributor | 689 |
| license to any person to which any of the following applies, or to | 690 |
| any person that has an officer, partner, or other person who has | 691 |
| an ownership interest of ten per cent or more and to whom any of | 692 |
| the following applies: | 693 |
| (1) The person, officer, or partner has been convicted of a | 694 |
| felony under the laws of this state, another state, or the United | 695 |
| States. | 696 |
| (2) The person, officer, or partner has been convicted of any | 697 |
| gambling offense. | 698 |
| (3) The person, officer, or partner has made an incorrect or | 699 |
| false statement that is material to the granting of a license in | 700 |
| an application submitted to the attorney general under this | 701 |
| section or in a similar application submitted to a gambling | 702 |
| licensing authority in another jurisdiction if the statement | 703 |
| resulted in license revocation through administrative action in | 704 |
| the other jurisdiction. | 705 |
| (4) The person, officer, or partner has submitted any | 706 |
| incorrect or false information relating to the application to the | 707 |
| attorney general under this section, if the information is | 708 |
| material to the granting of the license. | 709 |
| (5) The person, officer, or partner has failed to correct any | 710 |
| incorrect or false information that is material to the granting of | 711 |
| the license in the records required to be maintained under | 712 |
| division (E) of section 2915.10 of the Revised Code. | 713 |
| (6) The person, officer, or partner has had a license related | 714 |
| to gambling revoked or suspended under the laws of this state, | 715 |
| another state, or the United States. | 716 |
| (D) The attorney general shall not issue a distributor | 717 |
| license to any person that is involved in the conduct of bingo on | 718 |
| behalf of a charitable organization or that is a lessor of | 719 |
| premises used for the conduct of bingo. This division does not | 720 |
| prohibit a distributor from advising charitable organizations on | 721 |
| the use and benefit of specific bingo supplies or prohibit a | 722 |
| distributor from advising a customer on operational methods to | 723 |
| improve bingo profitability. | 724 |
| (E)(1) No distributor shall sell, offer to sell, or otherwise | 725 |
| provide or offer to provide bingo supplies to any person, or | 726 |
| modify, convert, add to, or remove parts from bingo supplies to | 727 |
| further their promotion or sale, for use in this state except to | 728 |
| or for the use of a charitable organization that has been issued a | 729 |
| license under section 2915.08 or 2915.083 of the Revised Code or | 730 |
| to another distributor that has been issued a license under this | 731 |
| section. No distributor shall accept payment for the sale or other | 732 |
| provision of bingo supplies other than by check. | 733 |
| (2) No distributor may donate, give, loan, lease, or | 734 |
| otherwise provide any bingo supplies or equipment, or modify, | 735 |
| convert, add to, or remove parts from bingo supplies to further | 736 |
| their promotion or sale, to or for the use of a charitable | 737 |
| organization for use in a bingo session conditioned on or in | 738 |
| consideration for an exclusive right to provide bingo supplies to | 739 |
| the charitable organization. A distributor may provide a licensed | 740 |
| charitable organization with free samples of the distributor's | 741 |
| products to be used as prizes or to be used for the purpose of | 742 |
| sampling. | 743 |
| (3) No distributor shall purchase bingo supplies for use in | 744 |
| this state from any person except from a manufacturer issued a | 745 |
| license under section 2915.082 of the Revised Code or from another | 746 |
| distributor issued a license under this section. Subject to | 747 |
| division (D) of section 2915.082 of the Revised Code, no | 748 |
| distributor shall pay for purchased bingo supplies other than by | 749 |
| check. | 750 |
| (4) No distributor shall participate in the conduct of bingo | 751 |
| on behalf of a charitable organization or have any direct or | 752 |
| indirect ownership interest in a premises used for the conduct of | 753 |
| bingo. | 754 |
| (5) No distributor shall knowingly solicit, offer, pay, or | 755 |
| receive any kickback, bribe, or undocumented rebate, directly or | 756 |
| indirectly, overtly or covertly, in cash or in kind, in return for | 757 |
| providing bingo supplies to any person in this state. | 758 |
| (F) The attorney general may suspend or revoke a distributor | 759 |
| license for any of the reasons for which the attorney general may | 760 |
| refuse to issue a distributor license specified in division (C) of | 761 |
| this section or if the distributor holding the license violates | 762 |
| any provision of this chapter or any rule adopted by the attorney | 763 |
| general under this chapter. | 764 |
| (G) Whoever violates division (A) or (E) of this section is | 765 |
| guilty of illegally operating as a distributor. Except as | 766 |
| otherwise provided in this division, illegally operating as a | 767 |
| distributor is a misdemeanor of the first degree. If the offender | 768 |
| previously has been convicted of a violation of division (A) or | 769 |
| (E) of this section, illegally operating as a distributor is a | 770 |
| felony of the fifth degree. | 771 |
| Sec. 2915.083. (A) At least thirty business days before the | 772 |
| event, a charitable organization that does not have a license to | 773 |
| conduct bingo under section 2915.08 of the Revised Code and that | 774 |
| desires to conduct bingo, instant bingo at a bingo session, or | 775 |
| instant bingo other than at a bingo session at an event shall make | 776 |
| out, upon a form to be furnished by the attorney general for that | 777 |
| purpose, an application for a short-term license to conduct bingo, | 778 |
| instant bingo at a bingo session, or instant bingo other than at a | 779 |
| bingo session and deliver that application to the attorney general | 780 |
| together with a license fee of fifty dollars. The short-term | 781 |
| license shall be in effect for seventy-two hours from the time | 782 |
| when the event begins. A charitable organization may apply for no | 783 |
| more than two short-term licenses to conduct bingo, instant bingo | 784 |
| at a bingo session, or instant bingo other than at a bingo session | 785 |
| during a calendar year. | 786 |
| (B)(1) The application shall be in the form prescribed by the | 787 |
| attorney general, shall be signed and sworn to by the applicant, | 788 |
| and shall contain the information described in divisions (A)(2)(a) | 789 |
| to (f) of section 2915.08 of the Revised Code. | 790 |
| (2) The charitable organization is not required to submit | 791 |
| information on the application other than the information that is | 792 |
| described in divisions (A)(2)(a) to (f) of section 2915.08 of the | 793 |
| Revised Code. | 794 |
| (C) Except as otherwise provided in division (D) of this | 795 |
| section, the attorney general shall issue a short-term license to | 796 |
| conduct bingo, instant bingo at a bingo session, or instant bingo | 797 |
| other than at a bingo session to a charitable organization that | 798 |
| timely submits an application under division (A) of this section | 799 |
| within ten business days after receiving the application from the | 800 |
| charitable organization. | 801 |
| (D) The attorney general may refuse to grant a short-term | 802 |
| license to conduct bingo, instant bingo at a bingo session, or | 803 |
| instant bingo other than at a bingo session to any charitable | 804 |
| organization, or revoke or suspend the short-term license of any | 805 |
| charitable organization, that does any of the following or to | 806 |
| which any of the following applies: | 807 |
| (1) The organization fails or has failed at any time to meet | 808 |
| any requirement of section 109.26, 109.31, or 1716.02, or sections | 809 |
| 2915.07 to 2915.11 of the Revised Code, or violates or has | 810 |
| violated any provision of sections 2915.02 or 2915.07 to 2915.13 | 811 |
| of the Revised Code or any rule adopted by the attorney general | 812 |
| pursuant to this section. | 813 |
| (2) The organization makes or has made an incorrect or false | 814 |
| statement that is material to the granting of the short-term | 815 |
| license to conduct bingo, instant bingo at a bingo session, or | 816 |
| instant bingo other than at a bingo session in an application | 817 |
| filed pursuant to division (A) of this section. | 818 |
| (3) The organization submits or has submitted any incorrect | 819 |
| or false information relating to an application filed pursuant to | 820 |
| division (A) of this section if the information is material to the | 821 |
| granting of the short-term license to conduct bingo, instant bingo | 822 |
| at a bingo session, or instant bingo other than at a bingo | 823 |
| session. | 824 |
| (4) The attorney general has good cause to believe that the | 825 |
| organization will not conduct bingo, instant bingo at a bingo | 826 |
| session, or instant bingo other than at a bingo session in | 827 |
| accordance with sections 2915.07 to 2915.13 of the Revised Code. | 828 |
| (E) A short-term license to conduct bingo, instant bingo at a | 829 |
| bingo session, or instant bingo other than at a bingo session | 830 |
| issued by the attorney general shall set forth the information | 831 |
| contained on the application of the charitable organization that | 832 |
| the attorney general determines is relevant, including, but not | 833 |
| limited to, the location at which the organization will conduct | 834 |
| bingo, instant bingo at a bingo session, or instant bingo other | 835 |
| than at a bingo session, and the dates and times on each of those | 836 |
| dates when bingo will be conducted. If the attorney general | 837 |
| refuses to grant or revokes or suspends a short-term license to | 838 |
| conduct bingo, instant bingo at a bingo session, or instant bingo | 839 |
| other than at a bingo session, the attorney general shall notify | 840 |
| the applicant in writing and specifically identify the reason for | 841 |
| the refusal, revocation, or suspension in narrative form and, if | 842 |
| applicable, by identifying the section of the Revised Code | 843 |
| violated. The failure of the attorney general to give the written | 844 |
| notice of the reasons for the refusal, revocation, or suspension | 845 |
| or a mistake in the written notice does not affect the validity of | 846 |
| the attorney general's refusal to grant, or the revocation or | 847 |
| suspension of, a short-term license to conduct bingo, instant | 848 |
| bingo at a bingo session, or instant bingo other than at a bingo | 849 |
| session. If the attorney general fails to give the written notice | 850 |
| or if there is a mistake in the written notice, the applicant may | 851 |
| bring an action to compel the attorney general to comply with this | 852 |
| division or to correct the mistake, but the attorney general's | 853 |
| order refusing to grant, or revoking or suspending, a short-term | 854 |
| license to conduct bingo, instant bingo at a bingo session, or | 855 |
| instant bingo other than at a bingo session shall not be enjoined | 856 |
| during the pendency of the action. | 857 |
| Sec. 2915.09. (A) No charitable organization that conducts | 858 |
| bingo shall fail to do any of the following: | 859 |
| (1) Own all of the equipment used to conduct bingo or lease | 860 |
| that equipment from a charitable organization that is licensed to | 861 |
| conduct bingo for a rental rate that is not more than is customary | 862 |
| and reasonable for that equipment; | 863 |
| (2) Except as otherwise provided in division (A)(3) of this | 864 |
| section, use all of the gross receipts from bingo for paying | 865 |
| prizes, for reimbursement of expenses for or for renting premises | 866 |
| in which to conduct a bingo session, for reimbursement of expenses | 867 |
| for or for purchasing or leasing bingo supplies used in conducting | 868 |
| bingo, for reimbursement of expenses for or for hiring security | 869 |
| personnel, for reimbursement of expenses for or for advertising | 870 |
| bingo, or for reimbursement of other expenses or for other | 871 |
| expenses listed in division (LL) of section 2915.01 of the Revised | 872 |
| Code, provided that the amount of the receipts so spent is not | 873 |
| more than is customary and reasonable for a similar purchase, | 874 |
| lease, hiring, advertising, or expense. If the building in which | 875 |
| bingo is conducted is owned by the charitable organization | 876 |
| conducting bingo and the bingo conducted includes a form of bingo | 877 |
| described in division (S)(1) of section 2915.01 of the Revised | 878 |
| Code, the charitable organization may deduct from the total amount | 879 |
| of the gross receipts from each session a sum equal to the lesser | 880 |
| of six hundred dollars or forty-five per cent of the gross | 881 |
| receipts from the bingo described in that division as | 882 |
| consideration for the use of the premises. | 883 |
| (3) Use, or give, donate, or otherwise transfer, all of the | 884 |
| net profit derived from bingo, other than instant bingo, for a | 885 |
| charitable purpose listed in its license application and described | 886 |
| in division (Z) of section 2915.01 of the Revised Code, or | 887 |
| distribute all of the net profit from the proceeds of the sale of | 888 |
| instant bingo as stated in its license application and in | 889 |
| accordance with section 2915.101 of the Revised Code. | 890 |
| (B) No charitable organization that conducts a bingo game | 891 |
| described in division (S)(1) of section 2915.01 of the Revised | 892 |
| Code shall fail to do any of the following: | 893 |
| (1) Conduct the bingo game on premises that are owned by the | 894 |
| charitable organization, on premises that are owned by another | 895 |
| charitable organization and leased from that charitable | 896 |
| organization for a rental rate not in excess of the lesser of six | 897 |
| hundred dollars per bingo session or forty-five per cent of the | 898 |
| gross receipts of the bingo session, on premises that are leased | 899 |
| from a person other than a charitable organization for a rental | 900 |
| rate that is not more than is customary and reasonable for | 901 |
| premises that are similar in location, size, and quality but not | 902 |
| in excess of four hundred fifty dollars per bingo session, or on | 903 |
| premises that are owned by a person other than a charitable | 904 |
| organization, that are leased from that person by another | 905 |
| charitable organization, and that are subleased from that other | 906 |
| charitable organization by the charitable organization for a | 907 |
| rental rate not in excess of four hundred fifty dollars per bingo | 908 |
| session. If the charitable organization leases from a person | 909 |
| other than a charitable organization the premises on which it | 910 |
| conducts bingo sessions, the lessor of the premises shall provide | 911 |
| only the premises to the organization and shall not provide the | 912 |
| organization with bingo game operators, security personnel, | 913 |
| concessions or concession operators, bingo supplies, or any other | 914 |
| type of service or equipment. A charitable organization shall not | 915 |
| lease or sublease premises that it owns or leases to more than one | 916 |
| other charitable organization per calendar week for the purpose of | 917 |
| conducting bingo sessions on the premises. A person that is not a | 918 |
| charitable organization shall not lease premises that it owns, | 919 |
| leases, or otherwise is empowered to lease to more than one | 920 |
| charitable organization per calendar week for conducting bingo | 921 |
| sessions on the premises. In no case shall more than two bingo | 922 |
| sessions be conducted on any premises in any calendar week. | 923 |
| (2) Display its license conspicuously at the premises where | 924 |
| the bingo session is conducted; | 925 |
| (3) Conduct the bingo session in accordance with the | 926 |
| definition of bingo set forth in division (S)(1) of section | 927 |
| 2915.01 of the Revised Code. | 928 |
| (C) No charitable organization that conducts a bingo game | 929 |
| described in division (S)(1) of section 2915.01 of the Revised | 930 |
| Code shall do any of the following: | 931 |
| (1) Pay any compensation to a bingo game operator for | 932 |
| operating a bingo session that is conducted by the charitable | 933 |
| organization or for preparing, selling, or serving food or | 934 |
| beverages at the site of the bingo session, permit any auxiliary | 935 |
| unit or society of the charitable organization to pay compensation | 936 |
| to any bingo game operator who prepares, sells, or serves food or | 937 |
| beverages at a bingo session conducted by the charitable | 938 |
| organization, or permit any auxiliary unit or society of the | 939 |
| charitable organization to prepare, sell, or serve food or | 940 |
| beverages at a bingo session conducted by the charitable | 941 |
| organization, if the auxiliary unit or society pays any | 942 |
| compensation to the bingo game operators who prepare, sell, or | 943 |
| serve the food or beverages; | 944 |
| (2) Pay consulting fees to any person for any services | 945 |
| performed in relation to the bingo session; | 946 |
| (3) Pay concession fees to any person who provides | 947 |
| refreshments to the participants in the bingo session; | 948 |
| (4) Except as otherwise provided in division (C)(4) of this | 949 |
| section, conduct more than two bingo sessions in any seven-day | 950 |
| period. A volunteer firefighter's organization or a volunteer | 951 |
| rescue service organization that conducts not more than five bingo | 952 |
| sessions in a calendar year may conduct more than two bingo | 953 |
| sessions in a seven-day period after notifying the attorney | 954 |
| general when it will conduct the sessions. | 955 |
| (5) Pay out more than three thousand five hundred dollars in | 956 |
| prizes for bingo games described in division (S)(1) of section | 957 |
| 2915.01 of the Revised Code during any bingo session that is | 958 |
| conducted by the charitable organization. "Prizes" does not | 959 |
| include awards from the conduct of instant bingo. | 960 |
| (6) Conduct a bingo session at any time during the ten-hour | 961 |
| period between midnight and ten a.m., at any time during, or | 962 |
| within ten hours of, a bingo game conducted for amusement only | 963 |
| pursuant to section 2915.12 of the Revised Code, at any premises | 964 |
| not specified on its license, or on any day of the week or during | 965 |
| any time period not specified on its license. Division (A)(6) of | 966 |
| this section does not prohibit the sale of instant bingo tickets | 967 |
| beginning at nine a.m. for a bingo session that begins at ten a.m. | 968 |
| 969 |
| If
circumstances
make it
impractical
for | 970 |
| organization that is issued a license under section 2915.08 of the | 971 |
| Revised Code to conduct a bingo session at the premises, or on the | 972 |
| day of the week or at the time, specified on its license or if | 973 |
| such a charitable organization wants to conduct bingo sessions on | 974 |
| a day of the week or at a time other than the day or time | 975 |
| specified on its license, the charitable organization may apply in | 976 |
| writing to the attorney general for an amended license pursuant to | 977 |
| division (F) of section 2915.08 of the Revised Code. A charitable | 978 |
| organization may apply twice in each calendar year for an amended | 979 |
| license to conduct bingo sessions on a day of the week or at a | 980 |
| time other than the day or time specified on its license. If the | 981 |
| amended license is granted, the organization may conduct bingo | 982 |
| sessions at the premises, on the day of the week, and at the time | 983 |
| specified on its amended license. | 984 |
| (7) Permit any person whom the charitable organization knows, | 985 |
| or should have known, is under the age of eighteen to work as a | 986 |
| bingo game operator; | 987 |
| (8) Permit any person whom the charitable organization knows, | 988 |
| or should have known, has been convicted of a felony or gambling | 989 |
| offense in any jurisdiction to be a bingo game operator; | 990 |
| (9) Permit the lessor of the premises on which the bingo | 991 |
| session is conducted, if the lessor is not a charitable | 992 |
| organization, to provide the charitable organization with bingo | 993 |
| game operators, security personnel, concessions, bingo supplies, | 994 |
| or any other type of service or equipment; | 995 |
| (10) Purchase or lease bingo supplies from any person except | 996 |
| a distributor issued a license under section 2915.081 of the | 997 |
| Revised Code; | 998 |
| (11)(a) Use or permit the use of electronic bingo aids except | 999 |
| under the following circumstances: | 1000 |
| (i) For any single participant, not more than ninety bingo | 1001 |
| faces can be played using an electronic bingo aid or aids. | 1002 |
| (ii) The charitable organization shall provide a participant | 1003 |
| using an electronic bingo aid with corresponding paper bingo cards | 1004 |
| or sheets. | 1005 |
| (iii) The total price of bingo faces played with an | 1006 |
| electronic bingo aid shall be equal to the total price of the same | 1007 |
| number of bingo faces played with a paper bingo card or sheet sold | 1008 |
| at the same bingo session but without an electronic bingo aid. | 1009 |
| (iv) An electronic bingo aid cannot be part of an electronic | 1010 |
| network other than a network that includes only bingo aids and | 1011 |
| devices that are located on the premises at which the bingo is | 1012 |
| being conducted or be interactive with any device not located on | 1013 |
| the premises at which the bingo is being conducted. | 1014 |
| (v) An electronic bingo aid cannot be used to participate in | 1015 |
| bingo that is conducted at a location other than the location at | 1016 |
| which the bingo session is conducted and at which the electronic | 1017 |
| bingo aid is used. | 1018 |
| (vi) An electronic bingo aid cannot be used to provide for | 1019 |
| the input of numbers and letters announced by a bingo caller other | 1020 |
| than the bingo caller who physically calls the numbers and letters | 1021 |
| at the location at which the bingo session is conducted and at | 1022 |
| which the electronic bingo aid is used. | 1023 |
| (b) The attorney general may adopt rules in accordance with | 1024 |
| Chapter 119. of the Revised Code that govern the use of electronic | 1025 |
| bingo aids. The rules may include a requirement that an electronic | 1026 |
| bingo aid be capable of being audited by the attorney general to | 1027 |
| verify the number of bingo cards or sheets played during each | 1028 |
| bingo session. | 1029 |
| (12) Permit any person the charitable organization knows, or | 1030 |
| should have known, to be under eighteen years of age to play bingo | 1031 |
| described in division (S)(1) of section 2915.01 of the Revised | 1032 |
| Code. | 1033 |
| (D)(1) Except as otherwise provided in division (D)(3) of | 1034 |
| this section, no charitable organization shall provide to a bingo | 1035 |
| game operator, and no bingo game operator shall receive or accept, | 1036 |
| any commission, wage, salary, reward, tip, donation, gratuity, or | 1037 |
| other form of compensation, directly or indirectly, regardless of | 1038 |
| the source, for conducting bingo or providing other work or labor | 1039 |
| at the site of bingo during a bingo session. | 1040 |
| (2) Except as otherwise provided in division (D)(3) of this | 1041 |
| section, no charitable organization shall provide to a bingo game | 1042 |
| operator any commission, wage, salary, reward, tip, donation, | 1043 |
| gratuity, or other form of compensation, directly or indirectly, | 1044 |
| regardless of the source, for conducting instant bingo other than | 1045 |
| at a bingo session at the site of instant bingo other than at a | 1046 |
| bingo session. | 1047 |
| (3) Nothing in division (D) of this section prohibits an | 1048 |
| employee of a fraternal organization, veteran's organization, or | 1049 |
| sporting organization from selling instant bingo tickets or cards | 1050 |
| to the organization's members or invited guests, as long as no | 1051 |
| portion of the employee's compensation is paid from any receipts | 1052 |
| of bingo. | 1053 |
| (E) Notwithstanding division (B)(1) of this section, a | 1054 |
| charitable organization that, prior to December 6, 1977, has | 1055 |
| entered into written agreements for the lease of premises it owns | 1056 |
| to another charitable organization or other charitable | 1057 |
| organizations for the conducting of bingo sessions so that more | 1058 |
| than two bingo sessions are conducted per calendar week on the | 1059 |
| premises, and a person that is not a charitable organization and | 1060 |
| that, prior to December 6, 1977, has entered into written | 1061 |
| agreements for the lease of premises it owns to charitable | 1062 |
| organizations for the conducting of more than two bingo sessions | 1063 |
| per calendar week on the premises, may continue to lease the | 1064 |
| premises to those charitable organizations, provided that no more | 1065 |
| than four sessions are conducted per calendar week, that the | 1066 |
| lessor organization or person has notified the attorney general in | 1067 |
| writing of the organizations that will conduct the sessions and | 1068 |
| the days of the week and the times of the day on which the | 1069 |
| sessions will be conducted, that the initial lease entered into | 1070 |
| with each organization that will conduct the sessions was filed | 1071 |
| with the attorney general prior to December 6, 1977, and that each | 1072 |
| organization that will conduct the sessions was issued a license | 1073 |
| to conduct bingo games by the attorney general prior to December | 1074 |
| 6, 1977. | 1075 |
| (F) This section does not prohibit a bingo licensed | 1076 |
| charitable organization or a game operator from giving any person | 1077 |
| an instant bingo ticket as a prize. | 1078 |
| (G) Whoever violates division (A)(2) of this section is | 1079 |
| guilty of illegally conducting a bingo game, a felony of the | 1080 |
| fourth degree. Except as otherwise provided in this division, | 1081 |
| whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1082 |
| (C)(1) to (12), or (D) of this section is guilty of a minor | 1083 |
| misdemeanor. If the offender previously has been convicted of a | 1084 |
| violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1085 |
| to (11), or | 1086 |
| or (3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1087 |
| misdemeanor of the first degree. Whoever violates division (C)(12) | 1088 |
| of this section is guilty of a misdemeanor of the first degree, if | 1089 |
| the offender previously has been convicted of a violation of | 1090 |
| division (C)(12) of this section, a felony of the fourth degree. | 1091 |
| Sec. 2915.091. (A) No charitable organization that conducts | 1092 |
| instant bingo shall do any of the following: | 1093 |
| (1) Fail to comply with the requirements of divisions (A)(1), | 1094 |
| (2), and (3) of section 2915.09 of the Revised Code; | 1095 |
| (2) Conduct instant bingo unless either of the following | 1096 |
| apply: | 1097 |
| (a) That organization is, and has received from the internal | 1098 |
| revenue service a determination letter that is currently in effect | 1099 |
| stating that the organization is, exempt from federal income | 1100 |
| taxation under subsection 501(a), is described in subsection | 1101 |
| 501(c)(3) of the Internal Revenue Code, is a charitable | 1102 |
| organization as defined in section 2915.01 of the Revised Code, is | 1103 |
| in good standing in the state pursuant to section 2915.08 or | 1104 |
| 2915.083 of the Revised Code, and is in compliance with Chapter | 1105 |
| 1716. of the Revised Code; | 1106 |
| (b) That organization is, and has received from the internal | 1107 |
| revenue service a determination letter that is currently in effect | 1108 |
| stating that the organization is, exempt from federal income | 1109 |
| taxation under subsection 501(a), is described in subsection | 1110 |
| 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's | 1111 |
| organization described in subsection 501(c)(4) of the Internal | 1112 |
| Revenue Code, and conducts instant bingo under section 2915.13 of | 1113 |
| the Revised Code. | 1114 |
| (3) Conduct instant bingo on any day, at any time, or at any | 1115 |
| premises not specified on the organization's license issued | 1116 |
| pursuant to section 2915.08 or 2915.083 of the Revised Code; | 1117 |
| (4) Permit any person whom the organization knows or should | 1118 |
| have known has been convicted of a felony or gambling offense in | 1119 |
| any jurisdiction to be a bingo game operator in the conduct of | 1120 |
| instant bingo; | 1121 |
| (5) Purchase or lease supplies used to conduct instant bingo | 1122 |
| or punch board games from any person except a distributor licensed | 1123 |
| under section 2915.081 of the Revised Code; | 1124 |
| (6) Sell or provide any instant bingo ticket or card for a | 1125 |
| price different from the price printed on it by the manufacturer | 1126 |
| on either the instant bingo ticket or card or on the game flare; | 1127 |
| (7) Sell an instant bingo ticket or card to a person under | 1128 |
| eighteen years of age; | 1129 |
| (8) Fail to keep unsold instant bingo tickets or cards for | 1130 |
| less than three years; | 1131 |
| (9) Pay any compensation to a bingo game operator for | 1132 |
| conducting instant bingo that is conducted by the organization or | 1133 |
| for preparing, selling, or serving food or beverages at the site | 1134 |
| of the instant bingo game, permit any auxiliary unit or society of | 1135 |
| the organization to pay compensation to any bingo game operator | 1136 |
| who prepares, sells, or serves food or beverages at an instant | 1137 |
| bingo game conducted by the organization, or permit any auxiliary | 1138 |
| unit or society of the organization to prepare, sell, or serve | 1139 |
| food or beverages at an instant bingo game conducted by the | 1140 |
| organization, if the auxiliary unit or society pays any | 1141 |
| compensation to the bingo game operators who prepare, sell, or | 1142 |
| serve the food or beverages; | 1143 |
| (10) Pay fees to any person for any services performed in | 1144 |
| relation to an instant bingo game; | 1145 |
| (11) Pay fees to any person who provides refreshments to the | 1146 |
| participants in an instant bingo game; | 1147 |
| (12)(a) Allow instant bingo tickets or cards to be sold to | 1148 |
| bingo game operators at a premises at which the organization sells | 1149 |
| instant bingo tickets or cards or to be sold to employees of a D | 1150 |
| permit holder who are working at a premises at which instant bingo | 1151 |
| tickets or cards are sold; | 1152 |
| (b) Division (A)(12)(a) of this section does not prohibit a | 1153 |
| licensed charitable organization or a bingo game operator from | 1154 |
| giving any person an instant bingo | 1155 |
| (13) Fail to display its bingo license, and the serial | 1156 |
| numbers of the deal of instant bingo tickets or cards to be sold, | 1157 |
| conspicuously at each premises at which it sells instant bingo | 1158 |
| tickets or cards; | 1159 |
| (14) Possess a deal of instant bingo tickets or cards that | 1160 |
| was not purchased from a distributor licensed under section | 1161 |
| 2915.081 of the Revised Code as reflected on an invoice issued by | 1162 |
| the distributor that contains all of the information required by | 1163 |
| division (E) of section 2915.10 of the Revised Code; | 1164 |
| (15) Fail, once it opens a deal of instant bingo tickets or | 1165 |
| cards, to continue to sell the tickets or cards in that deal until | 1166 |
| the tickets or cards with the top two highest tiers of prizes in | 1167 |
| that deal are sold; | 1168 |
| (16) Purchase, lease, or use instant bingo ticket dispensers | 1169 |
| to sell instant bingo tickets or cards; | 1170 |
| (17) Possess bingo supplies that were not obtained in | 1171 |
| accordance with sections 2915.01 to 2915.13 of the Revised Code. | 1172 |
| (B) A charitable organization may conduct instant bingo other | 1173 |
| than at a bingo session at not more than five separate locations. | 1174 |
| A charitable organization that is exempt from federal taxation | 1175 |
| under subsection 501(a) and described in subsection 501(c)(3) of | 1176 |
| the Internal Revenue Code and that is created by a veteran's | 1177 |
| organization or a fraternal organization is not limited in the | 1178 |
| number of separate locations the charitable organization may | 1179 |
| conduct instant bingo other than at a bingo session. | 1180 |
| (C) The attorney general may adopt rules in accordance with | 1181 |
| Chapter 119. of the Revised Code that govern the conduct of | 1182 |
| instant bingo by charitable organizations. Before those rules are | 1183 |
| adopted, the attorney general shall reference the recommended | 1184 |
| standards for opacity, randomization, minimum information, winner | 1185 |
| protection, color, and cutting for instant bingo tickets or cards, | 1186 |
| seal cards, and punch boards established by the North American | 1187 |
| gaming regulators association. | 1188 |
| (D) Whoever violates division (A) of this section or a rule | 1189 |
| adopted under division (C) of this section is guilty of illegal | 1190 |
| instant bingo conduct. Except as otherwise provided in this | 1191 |
| division, illegal instant bingo conduct is a misdemeanor of the | 1192 |
| first degree. If the offender previously has been convicted of a | 1193 |
| violation of division (A) of this section or of such a rule, | 1194 |
| illegal instant bingo conduct is a felony of the fifth degree. | 1195 |
| Section 2. That existing sections 109.32, 2915.01, 2915.02, | 1196 |
| 2915.07, 2915.081, 2915.09, and 2915.091 of the Revised Code are | 1197 |
| hereby repealed. | 1198 |