H. B. No. 513 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 513

Representative Huffman

Cosponsors: Representatives Zehringer, Yuko

A BILL

To amend section 2915.01 of the Revised Code to

designate a community development corporation

organization as a charitable organization eligible

to be issued a bingo license.

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

Section 1. That section 2915.01 of the Revised Code be	5
amended to read as follows:	6

Sec. 2915.01. As used in this chapter:

(A) "Bookmaking" means the business of receiving or paying	8
off bets.	9

(B) "Bet" means the hazarding of anything of value upon the	10
result of an event, undertaking, or contingency, but does not	11
include a bona fide business risk.	12

(C) "Scheme of chance" means a slot machine, lottery, numbers	13
game, pool conducted for profit, or other scheme in which a	14
participant gives a valuable consideration for a chance to win a	15
prize, but does not include bingo, a skill-based amusement	16
machine, or a pool not conducted for profit.	17

(D) "Game of chance" means poker, craps, roulette, or other	18
game in which a player gives anything of value in the hope of	19
gain, the outcome of which is determined largely by chance, but	20
does not include bingo.	21

(E) "Game of chance conducted for profit" means any game of	22
chance designed to produce income for the person who conducts or	23
operates the game of chance, but does not include bingo.	24

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

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

(2) A ticket, token, or other device representing a chance,	27
share, or interest in a scheme of chance or evidencing a bet;	28

(3) A deck of cards, dice, gaming table, roulette wheel, slot	29
machine, or other apparatus designed for use in connection with a	30
game of chance;	31

(4) Any equipment, device, apparatus, or paraphernalia	32
specially designed for gambling purposes;	33

(5) Bingo supplies sold or otherwise provided, or used, in	34
violation of this chapter.	35

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

(1) A violation of section 2915.02, 2915.03, 2915.04,	37
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	38
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	39

(2) A violation of an existing or former municipal ordinance	40
or law of this or any other state or the United States	41
substantially equivalent to any section listed in division (G)(1)	42
of this section or a violation of section 2915.06 of the Revised	43
Code as it existed prior to July 1, 1996;	44

(3) An offense under an existing or former municipal	45
ordinance or law of this or any other state or the United States,	46
of which gambling is an element;	47

(4) A conspiracy or attempt to commit, or complicity in	48
committing, any offense under division (G)(1), (2), or (3) of this	49
section.	50

(H) Except as otherwise provided in this chapter, "charitable	51
organization" means any tax exempt religious, educational,	52
veteran's, fraternal, sporting, service, nonprofit medical,	53
volunteer rescue service, volunteer firefighter's, senior	54
citizen's, historic railroad educational, youth athletic, amateur	55
athletic, or youth athletic park organization or a community	56
development corporation. An organization is tax exempt if the	57
organization is, and has received from the internal revenue	58
service a determination letter that currently is in effect	59
stating that the organization is, exempt from federal income	60
taxation under subsection 501(a) and described in subsection	61
501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the	62
Internal Revenue Code, or if the organization is a sporting	63
organization that is exempt from federal income taxation under	64
subsection 501(a) and is described in subsection 501(c)(7) of the	65
Internal Revenue Code. To qualify as a charitable organization,	66
an organization, except a volunteer rescue service or volunteer	67
firefighter's organization, shall have been in continuous	68
existence as such in this state for a period of two years	69
immediately preceding either the making of an application for a	70
bingo license under section 2915.08 of the Revised Code or the	71
conducting of any game of chance as provided in division (D) of	72
section 2915.02 of the Revised Code. A charitable organization	73
that is exempt from federal income taxation under subsection	74
501(a) and described in subsection 501(c)(3) of the Internal	75
Revenue Code and that is created by a veteran's organization, a	76
fraternal organization, or a sporting organization does not have	77
to have been in continuous existence as such in this state for a	78
period of two years immediately preceding either the making of an	79
application for a bingo license under section 2915.08 of the	80
Revised Code or the conducting of any game of chance as provided	81
in division (D) of section 2915.02 of the Revised Code.	82

(I) "Religious organization" means any church, body of	83
communicants, or group that is not organized or operated for	84
profit and that gathers in common membership for regular worship	85
and religious observances.	86

(J) "Educational organization" means any organization within	87
this state that is not organized for profit, the primary purpose	88
of which is to educate and develop the capabilities of individuals	89
through instruction by means of operating or contributing to the	90
support of a school, academy, college, or university.	91

(K) "Veteran's organization" means any individual post or	92
state headquarters of a national veteran's association or an	93
auxiliary unit of any individual post of a national veteran's	94
association, which post, state headquarters, or auxiliary unit has	95
been in continuous existence in this state for at least two years	96
and incorporated as a nonprofit corporation and either has	97
received a letter from the state headquarters of the national	98
veteran's association indicating that the individual post or	99
auxiliary unit is in good standing with the national veteran's	100
association or has received a letter from the national veteran's	101
association indicating that the state headquarters is in good	102
standing with the national veteran's association. As used in this	103
division, "national veteran's association" means any veteran's	104
association that has been in continuous existence as such for a	105
period of at least five years and either is incorporated by an act	106
of the United States congress or has a national dues-paying	107
membership of at least five thousand persons.	108

(L) "Volunteer firefighter's organization" means any	109
organization of volunteer firefighters, as defined in section	110
146.01 of the Revised Code, that is organized and operated	111
exclusively to provide financial support for a volunteer fire	112
department or a volunteer fire company and that is recognized or	113
ratified by a county, municipal corporation, or township.	114

(M) "Fraternal organization" means any society, order, state	115
headquarters, or association within this state, except a college	116
or high school fraternity, that is not organized for profit, that	117
is a branch, lodge, or chapter of a national or state	118
organization, that exists exclusively for the common business or	119
sodality of its members, and that has been in continuous existence	120
in this state for a period of five years.	121

(N) "Volunteer rescue service organization" means any	122
organization of volunteers organized to function as an emergency	123
medical service organization, as defined in section 4765.01 of the	124
Revised Code.	125

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

126

(1) Any organization, not organized for profit, that is	127
organized and operated exclusively to provide, or to contribute to	128
the support of organizations or institutions organized and	129
operated exclusively to provide, medical and therapeutic services	130
for persons who are crippled, born with birth defects, or have any	131
other mental or physical defect or those organized and operated	132
exclusively to protect, or to contribute to the support of	133
organizations or institutions organized and operated exclusively	134
to protect, animals from inhumane treatment or provide immediate	135
shelter to victims of domestic violence;	136

(2) Any organization that is described in subsection	137
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	138
and is either a governmental unit or an organization that is tax	139
exempt under subsection 501(a) and described in subsection	140
501(c)(3) of the Internal Revenue Code and that is an	141
organization, not organized for profit, that is organized and	142
operated primarily to provide, or to contribute to the support of	143
organizations or institutions organized and operated primarily to	144
provide, medical and therapeutic services for persons who are	145
crippled, born with birth defects, or have any other mental or	146
physical defect.	147

(P) "Nonprofit medical organization" means either of the	148
following:	149

(1) Any organization that has been incorporated as a	150
nonprofit corporation for at least five years and that has	151
continuously operated and will be operated exclusively to provide,	152
or to contribute to the support of organizations or institutions	153
organized and operated exclusively to provide, hospital, medical,	154
research, or therapeutic services for the public;	155

(2) Any organization that is described and qualified under	156
subsection 501(c)(3) of the Internal Revenue Code, that has been	157
incorporated as a nonprofit corporation for at least five years,	158
and that has continuously operated and will be operated primarily	159
to provide, or to contribute to the support of organizations or	160
institutions organized and operated primarily to provide,	161
hospital, medical, research, or therapeutic services for the	162
public.	163

(Q) "Senior citizen's organization" means any private	164
organization, not organized for profit, that is organized and	165
operated exclusively to provide recreational or social services	166
for persons who are fifty-five years of age or older and that is	167
described and qualified under subsection 501(c)(3) of the Internal	168
Revenue Code.	169

(R) "Charitable bingo game" means any bingo game described in	170
division (S)(1) or (2) of this section that is conducted by a	171
charitable organization that has obtained a license pursuant to	172
section 2915.08 of the Revised Code and the proceeds of which are	173
used for a charitable purpose.	174

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

175

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

176

(a) The participants use bingo cards or sheets, including	177
paper formats and electronic representation or image formats, that	178
are divided into twenty-five spaces arranged in five horizontal	179
and five vertical rows of spaces, with each space, except the	180
central space, being designated by a combination of a letter and a	181
number and with the central space being designated as a free	182
space.	183

(b) The participants cover the spaces on the bingo cards or	184
sheets that correspond to combinations of letters and numbers that	185
are announced by a bingo game operator.	186

(c) A bingo game operator announces combinations of letters	187
and numbers that appear on objects that a bingo game operator	188
selects by chance, either manually or mechanically, from a	189
receptacle that contains seventy-five objects at the beginning of	190
each game, each object marked by a different combination of a	191
letter and a number that corresponds to one of the seventy-five	192
possible combinations of a letter and a number that can appear on	193
the bingo cards or sheets.	194

(d) The winner of the bingo game includes any participant who	195
properly announces during the interval between the announcements	196
of letters and numbers as described in division (S)(1)(c) of this	197
section, that a predetermined and preannounced pattern of spaces	198
has been covered on a bingo card or sheet being used by the	199
participant.	200

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

201

(T) "Conduct" means to back, promote, organize, manage, carry	202
on, sponsor, or prepare for the operation of bingo or a game of	203
chance.	204

(U) "Bingo game operator" means any person, except security	205
personnel, who performs work or labor at the site of bingo,	206
including, but not limited to, collecting money from participants,	207
handing out bingo cards or sheets or objects to cover spaces on	208
bingo cards or sheets, selecting from a receptacle the objects	209
that contain the combination of letters and numbers that appear on	210
bingo cards or sheets, calling out the combinations of letters and	211
numbers, distributing prizes, selling or redeeming instant bingo	212
tickets or cards, supervising the operation of a punch board,	213
selling raffle tickets, selecting raffle tickets from a receptacle	214
and announcing the winning numbers in a raffle, and preparing,	215
selling, and serving food or beverages.	216

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

217

(W) "Bingo session" means a period that includes both of the	218
following:	219

(1) Not to exceed five continuous hours for the conduct of	220
one or more games described in division (S)(1) of this section,	221
instant bingo, and seal cards;	222

(2) A period for the conduct of instant bingo and seal cards	223
for not more than two hours before and not more than two hours	224
after the period described in division (W)(1) of this section.	225

(X) "Gross receipts" means all money or assets, including	226
admission fees, that a person receives from bingo without the	227
deduction of any amounts for prizes paid out or for the expenses	228
of conducting bingo. "Gross receipts" does not include any money	229
directly taken in from the sale of food or beverages by a	230
charitable organization conducting bingo, or by a bona fide	231
auxiliary unit or society of a charitable organization conducting	232
bingo, provided all of the following apply:	233

(1) The auxiliary unit or society has been in existence as a	234
bona fide auxiliary unit or society of the charitable organization	235
for at least two years prior to conducting bingo.	236

(2) The person who purchases the food or beverage receives	237
nothing of value except the food or beverage and items customarily	238
received with the purchase of that food or beverage.	239

(3) The food and beverages are sold at customary and	240
reasonable prices.	241

(Y) "Security personnel" includes any person who either is a	242
sheriff, deputy sheriff, marshal, deputy marshal, township	243
constable, or member of an organized police department of a	244
municipal corporation or has successfully completed a peace	245
officer's training course pursuant to sections 109.71 to 109.79 of	246
the Revised Code and who is hired to provide security for the	247
premises on which bingo is conducted.	248

(Z) "Charitable purpose" means that the net profit of bingo,	249
other than instant bingo, is used by, or is given, donated, or	250
otherwise transferred to, any of the following:	251

(1) Any organization that is described in subsection	252
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	253
and is either a governmental unit or an organization that is tax	254
exempt under subsection 501(a) and described in subsection	255
501(c)(3) of the Internal Revenue Code;	256

(2) A veteran's organization that is a post, chapter, or	257
organization of veterans, or an auxiliary unit or society of, or a	258
trust or foundation for, any such post, chapter, or organization	259
organized in the United States or any of its possessions, at least	260
seventy-five per cent of the members of which are veterans and	261
substantially all of the other members of which are individuals	262
who are spouses, widows, or widowers of veterans, or such	263
individuals, provided that no part of the net earnings of such	264
post, chapter, or organization inures to the benefit of any	265
private shareholder or individual, and further provided that the	266
net profit is used by the post, chapter, or organization for the	267
charitable purposes set forth in division (B)(12) of section	268
5739.02 of the Revised Code, is used for awarding scholarships to	269
or for attendance at an institution mentioned in division (B)(12)	270
of section 5739.02 of the Revised Code, is donated to a	271
governmental agency, or is used for nonprofit youth activities,	272
the purchase of United States or Ohio flags that are donated to	273
schools, youth groups, or other bona fide nonprofit organizations,	274
promotion of patriotism, or disaster relief;	275

(3) A fraternal organization that has been in continuous	276
existence in this state for fifteen years and that uses the net	277
profit exclusively for religious, charitable, scientific,	278
literary, or educational purposes, or for the prevention of	279
cruelty to children or animals, if contributions for such use	280
would qualify as a deductible charitable contribution under	281
subsection 170 of the Internal Revenue Code;	282

(4) A volunteer firefighter's organization that uses the net	283
profit for the purposes set forth in division (L) of this section.	284

(AA) "Internal Revenue Code" means the "Internal Revenue Code	285
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	286
amended.	287

(BB) "Youth athletic organization" means any organization,	288
not organized for profit, that is organized and operated	289
exclusively to provide financial support to, or to operate,	290
athletic activities for persons who are twenty-one years of age or	291
younger by means of sponsoring, organizing, operating, or	292
contributing to the support of an athletic team, club, league, or	293
association.	294

(CC) "Youth athletic park organization" means any	295
organization, not organized for profit, that satisfies both of the	296
following:	297

(1) It owns, operates, and maintains playing fields that	298
satisfy both of the following:	299

(a) The playing fields are used at least one hundred days per	300
year for athletic activities by one or more organizations, not	301
organized for profit, each of which is organized and operated	302
exclusively to provide financial support to, or to operate,	303
athletic activities for persons who are eighteen years of age or	304
younger by means of sponsoring, organizing, operating, or	305
contributing to the support of an athletic team, club, league, or	306
association.	307

(b) The playing fields are not used for any profit-making	308
activity at any time during the year.	309

(2) It uses the proceeds of bingo it conducts exclusively for	310
the operation, maintenance, and improvement of its playing fields	311
of the type described in division (CC)(1) of this section.	312

(DD) "Amateur athletic organization" means any organization,	313
not organized for profit, that is organized and operated	314
exclusively to provide financial support to, or to operate,	315
athletic activities for persons who are training for amateur	316
athletic competition that is sanctioned by a national governing	317
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	318
3045, 36 U.S.C.A. 373.	319

(EE) "Bingo supplies" means bingo cards or sheets; instant	320
bingo tickets or cards; electronic bingo aids; raffle tickets;	321
punch boards; seal cards; instant bingo ticket dispensers; and	322
devices for selecting or displaying the combination of bingo	323
letters and numbers or raffle tickets. Items that are "bingo	324
supplies" are not gambling devices if sold or otherwise provided,	325
and used, in accordance with this chapter. For purposes of this	326
chapter, "bingo supplies" are not to be considered equipment used	327
to conduct a bingo game.	328

(FF) "Instant bingo" means a form of bingo that uses folded	329
or banded tickets or paper cards with perforated break-open tabs,	330
a face of which is covered or otherwise hidden from view to	331
conceal a number, letter, or symbol, or set of numbers, letters,	332
or symbols, some of which have been designated in advance as prize	333
winners. "Instant bingo" includes seal cards. "Instant bingo" does	334
not include any device that is activated by the insertion of a	335
coin, currency, token, or an equivalent, and that contains as one	336
of its components a video display monitor that is capable of	337
displaying numbers, letters, symbols, or characters in winning or	338
losing combinations.	339

(GG) "Seal card" means a form of instant bingo that uses	340
instant bingo tickets in conjunction with a board or placard that	341
contains one or more seals that, when removed or opened, reveal	342
predesignated winning numbers, letters, or symbols.	343

(HH) "Raffle" means a form of bingo in which the one or more	344
prizes are won by one or more persons who have purchased a raffle	345
ticket. The one or more winners of the raffle are determined by	346
drawing a ticket stub or other detachable section from a	347
receptacle containing ticket stubs or detachable sections	348
corresponding to all tickets sold for the raffle.	349

(II) "Punch board" means a board containing a number of holes	350
or receptacles of uniform size in which are placed, mechanically	351
and randomly, serially numbered slips of paper that may be punched	352
or drawn from the hole or receptacle when used in conjunction with	353
instant bingo. A player may punch or draw the numbered slips of	354
paper from the holes or receptacles and obtain the prize	355
established for the game if the number drawn corresponds to a	356
winning number or, if the punch board includes the use of a seal	357
card, a potential winning number.	358

(JJ) "Gross profit" means gross receipts minus the amount	359
actually expended for the payment of prize awards.	360

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

361

(LL) "Expenses" means the reasonable amount of gross profit	362
actually expended for all of the following:	363

(1) The purchase or lease of bingo supplies;

364

(2) The annual license fee required under section 2915.08 of	365
the Revised Code;	366

(3) Bank fees and service charges for a bingo session or game	367
account described in section 2915.10 of the Revised Code;	368

(4) Audits and accounting services;

369

(5) Safes;

370

(6) Cash registers;

371

(7) Hiring security personnel;

372

(8) Advertising bingo;

373

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

374

(10) Tables and chairs;

375

(11) Expenses for maintaining and operating a charitable	376
organization's facilities, including, but not limited to, a post	377
home, club house, lounge, tavern, or canteen and any grounds	378
attached to the post home, club house, lounge, tavern, or canteen;	379

(12) Any other product or service directly related to the	380
conduct of bingo that is authorized in rules adopted by the	381
attorney general under division (B)(1) of section 2915.08 of the	382
Revised Code.	383

(MM) "Person" has the same meaning as in section 1.59 of the	384
Revised Code and includes any firm or any other legal entity,	385
however organized.	386

(NN) "Revoke" means to void permanently all rights and	387
privileges of the holder of a license issued under section	388
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	389
gaming license issued by another jurisdiction.	390

(OO) "Suspend" means to interrupt temporarily all rights and	391
privileges of the holder of a license issued under section	392
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	393
gaming license issued by another jurisdiction.	394

(PP) "Distributor" means any person who purchases or obtains	395
bingo supplies and who does either of the following:	396

(1) Sells, offers for sale, or otherwise provides or offers	397
to provide the bingo supplies to another person for use in this	398
state;	399

(2) Modifies, converts, adds to, or removes parts from the	400
bingo supplies to further their promotion or sale for use in this	401
state.	402

(QQ) "Manufacturer" means any person who assembles completed	403
bingo supplies from raw materials, other items, or subparts or who	404
modifies, converts, adds to, or removes parts from bingo supplies	405
to further their promotion or sale.	406

(RR) "Gross annual revenues" means the annual gross receipts	407
derived from the conduct of bingo described in division (S)(1) of	408
this section plus the annual net profit derived from the conduct	409
of bingo described in division (S)(2) of this section.	410

(SS) "Instant bingo ticket dispenser" means a mechanical	411
device that dispenses an instant bingo ticket or card as the sole	412
item of value dispensed and that has the following	413
characteristics:	414

(1) It is activated upon the insertion of United States	415
currency.	416

(2) It performs no gaming functions.

417

(3) It does not contain a video display monitor or generate	418
noise.	419

(4) It is not capable of displaying any numbers, letters,	420
symbols, or characters in winning or losing combinations.	421

(5) It does not simulate or display rolling or spinning	422
reels.	423

(6) It is incapable of determining whether a dispensed bingo	424
ticket or card is a winning or nonwinning ticket or card and	425
requires a winning ticket or card to be paid by a bingo game	426
operator.	427

(7) It may provide accounting and security features to aid in	428
accounting for the instant bingo tickets or cards it dispenses.	429

(8) It is not part of an electronic network and is not	430
interactive.	431

(TT)(1) "Electronic bingo aid" means an electronic device	432
used by a participant to monitor bingo cards or sheets purchased	433
at the time and place of a bingo session and that does all of the	434
following:	435

(a) It provides a means for a participant to input numbers	436
and letters announced by a bingo caller.	437

(b) It compares the numbers and letters entered by the	438
participant to the bingo faces previously stored in the memory of	439
the device.	440

441

(2) "Electronic bingo aid" does not include any device into	442
which a coin, currency, token, or an equivalent is inserted to	443
activate play.	444

(UU) "Deal of instant bingo tickets" means a single game of	445
instant bingo tickets all with the same serial number.	446

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

447

(a) Any mechanical, electronic, video, or digital device that	448
is capable of accepting anything of value, directly or indirectly,	449
from or on behalf of a player who gives the thing of value in the	450
hope of gain;	451

(b) Any mechanical, electronic, video, or digital device that	452
is capable of accepting anything of value, directly or indirectly,	453
from or on behalf of a player to conduct or dispense bingo or a	454
scheme or game of chance.	455

(2) "Slot machine" does not include a skill-based amusement	456
machine.	457

(WW) "Net profit from the proceeds of the sale of instant	458
bingo" means gross profit minus the ordinary, necessary, and	459
reasonable expense expended for the purchase of instant bingo	460
supplies.	461

(XX) "Charitable instant bingo organization" means an	462
organization that is exempt from federal income taxation under	463
subsection 501(a) and described in subsection 501(c)(3) of the	464
Internal Revenue Code and is a charitable organization as defined	465
in this section. A "charitable instant bingo organization" does	466
not include a charitable organization that is exempt from federal	467
income taxation under subsection 501(a) and described in	468
subsection 501(c)(3) of the Internal Revenue Code and that is	469
created by a veteran's organization, a fraternal organization, or	470
a sporting organization in regards to bingo conducted or assisted	471
by a veteran's organization, a fraternal organization, or a	472
sporting organization pursuant to section 2915.13 of the Revised	473
Code.	474

(YY) "Game flare" means the board or placard that accompanies	475
each deal of instant bingo tickets and that has printed on or	476
affixed to it the following information for the game:	477

(1) The name of the game;

478

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

479

(3) The form number;

480

(4) The ticket count;

481

(5) The prize structure, including the number of winning	482
instant bingo tickets by denomination and the respective winning	483
symbol or number combinations for the winning instant bingo	484
tickets;	485

(6) The cost per play;

486

(7) The serial number of the game.

487

(ZZ) "Historic railroad educational organization" means an	488
organization that is exempt from federal income taxation under	489
subsection 501(a) and described in subsection 501(c)(3) of the	490
Internal Revenue Code, that owns in fee simple the tracks and the	491
right of way of a historic railroad that the organization restores	492
or maintains and on which the organization provides excursions as	493
part of a program to promote tourism and educate visitors	494
regarding the role of railroad transportation in Ohio history, and	495
that received as donations from a charitable organization that	496
holds a license to conduct bingo under this chapter an amount	497
equal to at least fifty per cent of that licensed charitable	498
organization's net proceeds from the conduct of bingo during each	499
of the five years preceding June 30, 2003. "Historic railroad"	500
means all or a portion of the tracks and right-of-way of a	501
railroad that was owned and operated by a for-profit common	502
carrier in this state at any time prior to January 1, 1950.	503

(AAA)(1) "Skill-based amusement machine" means a mechanical,	504
video, digital, or electronic device that rewards the player or	505
players, if at all, only with merchandise prizes or with	506
redeemable vouchers redeemable only for merchandise prizes,	507
provided that with respect to rewards for playing the game all	508
of the following apply:	509

(a) The wholesale value of a merchandise prize awarded as a	510
result of the single play of a machine does not exceed ten	511
dollars;	512

(b) Redeemable vouchers awarded for any single play of a	513
machine are not redeemable for a merchandise prize with a	514
wholesale value of more than ten dollars;	515

(c) Redeemable vouchers are not redeemable for a merchandise	516
prize that has a wholesale value of more than ten dollars times	517
the fewest number of single plays necessary to accrue the	518
redeemable vouchers required to obtain that prize; and	519

(d) Any redeemable vouchers or merchandise prizes are	520
distributed at the site of the skill-based amusement machine at	521
the time of play.	522

(2) A device shall not be considered a skill-based amusement	523
machine and shall be considered a slot machine if it pays cash or	524
one or more of the following apply:	525

(a) The ability of a player to succeed at the game is	526
impacted by the number or ratio of prior wins to prior losses of	527
players playing the game.	528

(b) Any reward of redeemable vouchers is not based solely on	529
the player achieving the object of the game or the ~~players~~	530
player's score;	531

(c) The outcome of the game, or the value of the redeemable	532
voucher or merchandise prize awarded for winning the game, can be	533
controlled by a source other than any player playing the game.	534

(d) The success of any player is or may be determined by a	535
chance event that cannot be altered by player actions.	536

(e) The ability of any player to succeed at the game is	537
determined by game features not visible or known to the player.	538

(f) The ability of the player to succeed at the game is	539
impacted by the exercise of a skill that no reasonable player	540
could exercise.	541

(3) All of the following apply to any machine that is	542
operated as described in division (AAA)(1) of this section:	543

(a) As used in this section, "game" and "play" mean one	544
event from the initial activation of the machine until the	545
results of play are determined without payment of additional	546
consideration. An individual utilizing a machine that involves a	547
single game, play, contest, competition, or tournament may be	548
awarded redeemable vouchers or merchandise prizes based on the	549
results of play.	550

(b) Advance play for a single game, play, contest,	551
competition, or tournament participation may be purchased. The	552
cost of the contest, competition, or tournament participation may	553
be greater than a single noncontest, competition, or tournament	554
play.	555

(c) To the extent that the machine is used in a contest,	556
competition, or tournament, that contest, competition, or	557
tournament has a defined starting and ending date and is open to	558
participants in competition for scoring and ranking results toward	559
the awarding of redeemable vouchers or merchandise prizes that are	560
stated prior to the start of the contest, competition, or	561
tournament.	562

(4) For purposes of division (AAA)(1) of this section, the	563
mere presence of a device, such as a pin-setting, ball-releasing,	564
or scoring mechanism, that does not contribute to or affect the	565
outcome of the play of the game does not make the device a	566
skill-based amusement machine.	567

(BBB) "Merchandise prize" means any item of value, but shall	568
not include any of the following:	569

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

570

(2) Plays on games of chance, state lottery tickets, bingo,	571
or instant bingo;	572

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

573

(4) A redeemable voucher that is redeemable for any of the	574
items listed in division (BBB)(1), (2), or (3) of this section.	575

(CCC) "Redeemable voucher" means any ticket, token, coupon,	576
receipt, or other noncash representation of value.	577

(DDD) "Pool not conducted for profit" means a scheme in which	578
a participant gives a valuable consideration for a chance to win a	579
prize and the total amount of consideration wagered is distributed	580
to a participant or participants.	581

(EEE) "Sporting organization" means a hunting, fishing, or	582
trapping organization, other than a college or high school	583
fraternity or sorority, that is not organized for profit, that is	584
affiliated with a state or national sporting organization,	585
including but not limited to, the Ohio league of sportsmen, and	586
that has been in continuous existence in this state for a period	587
of three years.	588

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

(GGG) "Community development corporation" means a	591
not-for-profit organization incorporated to provide programs,	592
offer services, and engage in other activities to support a	593
community including, but not limited to, serving low-income	594
residents or struggling neighborhoods of the community, developing	595
affordable housing in the community, creating jobs for community	596
residents through lending or commercial development projects, and	597
encouraging economic development and education in the community.	598

Section 2. That existing section 2915.01 of the Revised Code	599
is hereby repealed.	600