As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 421

Representatives Stebelton, Goyal 

Cosponsors: Representatives Dodd, Domenick, Driehaus, Goodwin, Grossman, Huffman, Letson, Lundy, Mecklenborg, Okey, Patten, Weddington, Yuko, Zehringer, McGregor 

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A BILL

To amend sections 2915.01, 2915.09, and 2915.091 of

1

the Revised Code to allow the distribution of a

2

free instant bingo ticket as a prize or

3

promotional item, to modify the definition of

4

"instant bingo," to eliminate a requirement

5

relating to sales from a deal of instant bingo

6

tickets, to increase from two to three the number

7

of bingo sessions that a charitable organization

8

may conduct in any seven-day period, to increase

9

the aggregate prize limit distributed at a bingo

10

session from $3,500 to $6,000, to authorize up to

11

three charitable organizations to conduct bingo

12

sessions at the same leased location in any

13

calendar week, and to permit landlords to lease

14

bingo equipment to a charitable organization.

15

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

Section 1. That sections 2915.01, 2915.09, and 2915.091 of	16
the Revised Code be amended to read as follows:	17

Sec. 2915.01.  As used in this chapter:

18

(A) "Bookmaking" means the business of receiving or paying	19
off bets.	20

(B) "Bet" means the hazarding of anything of value upon the	21
result of an event, undertaking, or contingency, but does not	22
include a bona fide business risk.	23

(C) "Scheme of chance" means a slot machine, lottery, numbers	24
game, pool conducted for profit, or other scheme in which a	25
participant gives a valuable consideration for a chance to win a	26
prize, but does not include bingo, a skill-based amusement	27
machine, or a pool not conducted for profit.	28

(D) "Game of chance" means poker, craps, roulette, or other	29
game in which a player gives anything of value in the hope of	30
gain, the outcome of which is determined largely by chance, but	31
does not include bingo.	32

(E) "Game of chance conducted for profit" means any game of	33
chance designed to produce income for the person who conducts or	34
operates the game of chance, but does not include bingo.	35

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

36

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

37

(2) A ticket, token, or other device representing a chance,	38
share, or interest in a scheme of chance or evidencing a bet;	39

(3) A deck of cards, dice, gaming table, roulette wheel, slot	40
machine, or other apparatus designed for use in connection with a	41
game of chance;	42

(4) Any equipment, device, apparatus, or paraphernalia	43
specially designed for gambling purposes;	44

(5) Bingo supplies sold or otherwise provided, or used, in	45
violation of this chapter.	46

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

47

(1) A violation of section 2915.02, 2915.03, 2915.04,	48
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	49
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	50

(2) A violation of an existing or former municipal ordinance	51
or law of this or any other state or the United States	52
substantially equivalent to any section listed in division (G)(1)	53
of this section or a violation of section 2915.06 of the Revised	54
Code as it existed prior to July 1, 1996;	55

(3) An offense under an existing or former municipal	56
ordinance or law of this or any other state or the United States,	57
of which gambling is an element;	58

(4) A conspiracy or attempt to commit, or complicity in	59
committing, any offense under division (G)(1), (2), or (3) of this	60
section.	61

(H) Except as otherwise provided in this chapter, "charitable	62
organization" means any tax exempt religious, educational,	63
veteran's, fraternal, sporting, service, nonprofit medical,	64
volunteer rescue service, volunteer firefighter's, senior	65
citizen's, historic railroad educational, youth athletic, amateur	66
athletic, or youth athletic park organization. An organization is	67
tax exempt if the organization is, and has received from the	68
internal revenue service a determination letter that currently is	69
in effect stating that the organization is, exempt from federal	70
income taxation under subsection 501(a) and described in	71
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	72
501(c)(19) of the Internal Revenue Code, or if the organization is	73
a sporting organization that is exempt from federal income	74
taxation under subsection 501(a) and is described in subsection	75
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	76
organization, an organization, except a volunteer rescue service	77
or volunteer firefighter's organization, shall have been in	78
continuous existence as such in this state for a period of two	79
years immediately preceding either the making of an application	80
for a bingo license under section 2915.08 of the Revised Code or	81
the conducting of any game of chance as provided in division (D)	82
of section 2915.02 of the Revised Code. A charitable organization	83
that is exempt from federal income taxation under subsection	84
501(a) and described in subsection 501(c)(3) of the Internal	85
Revenue Code and that is created by a veteran's organization, a	86
fraternal organization, or a sporting organization does not have	87
to have been in continuous existence as such in this state for a	88
period of two years immediately preceding either the making of an	89
application for a bingo license under section 2915.08 of the	90
Revised Code or the conducting of any game of chance as provided	91
in division (D) of section 2915.02 of the Revised Code.	92

(I) "Religious organization" means any church, body of	93
communicants, or group that is not organized or operated for	94
profit and that gathers in common membership for regular worship	95
and religious observances.	96

(J) "Educational organization" means any organization within	97
this state that is not organized for profit, the primary purpose	98
of which is to educate and develop the capabilities of individuals	99
through instruction by means of operating or contributing to the	100
support of a school, academy, college, or university.	101

(K) "Veteran's organization" means any individual post or	102
state headquarters of a national veteran's association or an	103
auxiliary unit of any individual post of a national veteran's	104
association, which post, state headquarters, or auxiliary unit has	105
been in continuous existence in this state for at least two years	106
and incorporated as a nonprofit corporation and either has	107
received a letter from the state headquarters of the national	108
veteran's association indicating that the individual post or	109
auxiliary unit is in good standing with the national veteran's	110
association or has received a letter from the national veteran's	111
association indicating that the state headquarters is in good	112
standing with the national veteran's association. As used in this	113
division, "national veteran's association" means any veteran's	114
association that has been in continuous existence as such for a	115
period of at least five years and either is incorporated by an act	116
of the United States congress or has a national dues-paying	117
membership of at least five thousand persons.	118

(L) "Volunteer firefighter's organization" means any	119
organization of volunteer firefighters, as defined in section	120
146.01 of the Revised Code, that is organized and operated	121
exclusively to provide financial support for a volunteer fire	122
department or a volunteer fire company and that is recognized or	123
ratified by a county, municipal corporation, or township.	124

(M) "Fraternal organization" means any society, order, state	125
headquarters, or association within this state, except a college	126
or high school fraternity, that is not organized for profit, that	127
is a branch, lodge, or chapter of a national or state	128
organization, that exists exclusively for the common business or	129
sodality of its members, and that has been in continuous existence	130
in this state for a period of five years.	131

(N) "Volunteer rescue service organization" means any	132
organization of volunteers organized to function as an emergency	133
medical service organization, as defined in section 4765.01 of the	134
Revised Code.	135

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

136

(1) Any organization, not organized for profit, that is	137
organized and operated exclusively to provide, or to contribute to	138
the support of organizations or institutions organized and	139
operated exclusively to provide, medical and therapeutic services	140
for persons who are crippled, born with birth defects, or have any	141
other mental or physical defect or those organized and operated	142
exclusively to protect, or to contribute to the support of	143
organizations or institutions organized and operated exclusively	144
to protect, animals from inhumane treatment or provide immediate	145
shelter to victims of domestic violence;	146

(2) Any organization that is described in subsection	147
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	148
and is either a governmental unit or an organization that is tax	149
exempt under subsection 501(a) and described in subsection	150
501(c)(3) of the Internal Revenue Code and that is an	151
organization, not organized for profit, that is organized and	152
operated primarily to provide, or to contribute to the support of	153
organizations or institutions organized and operated primarily to	154
provide, medical and therapeutic services for persons who are	155
crippled, born with birth defects, or have any other mental or	156
physical defect.	157

(P) "Nonprofit medical organization" means either of the	158
following:	159

(1) Any organization that has been incorporated as a	160
nonprofit corporation for at least five years and that has	161
continuously operated and will be operated exclusively to provide,	162
or to contribute to the support of organizations or institutions	163
organized and operated exclusively to provide, hospital, medical,	164
research, or therapeutic services for the public;	165

(2) Any organization that is described and qualified under	166
subsection 501(c)(3) of the Internal Revenue Code, that has been	167
incorporated as a nonprofit corporation for at least five years,	168
and that has continuously operated and will be operated primarily	169
to provide, or to contribute to the support of organizations or	170
institutions organized and operated primarily to provide,	171
hospital, medical, research, or therapeutic services for the	172
public.	173

(Q) "Senior citizen's organization" means any private	174
organization, not organized for profit, that is organized and	175
operated exclusively to provide recreational or social services	176
for persons who are fifty-five years of age or older and that is	177
described and qualified under subsection 501(c)(3) of the Internal	178
Revenue Code.	179

(R) "Charitable bingo game" means any bingo game described in	180
division (S)(1) or (2) of this section that is conducted by a	181
charitable organization that has obtained a license pursuant to	182
section 2915.08 of the Revised Code and the proceeds of which are	183
used for a charitable purpose.	184

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

185

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

186

(a) The participants use bingo cards or sheets, including	187
paper formats and electronic representation or image formats, that	188
are divided into twenty-five spaces arranged in five horizontal	189
and five vertical rows of spaces, with each space, except the	190
central space, being designated by a combination of a letter and a	191
number and with the central space being designated as a free	192
space.	193

(b) The participants cover the spaces on the bingo cards or	194
sheets that correspond to combinations of letters and numbers that	195
are announced by a bingo game operator.	196

(c) A bingo game operator announces combinations of letters	197
and numbers that appear on objects that a bingo game operator	198
selects by chance, either manually or mechanically, from a	199
receptacle that contains seventy-five objects at the beginning of	200
each game, each object marked by a different combination of a	201
letter and a number that corresponds to one of the seventy-five	202
possible combinations of a letter and a number that can appear on	203
the bingo cards or sheets.	204

(d) The winner of the bingo game includes any participant who	205
properly announces during the interval between the announcements	206
of letters and numbers as described in division (S)(1)(c) of this	207
section, that a predetermined and preannounced pattern of spaces	208
has been covered on a bingo card or sheet being used by the	209
participant.	210

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

211

(T) "Conduct" means to back, promote, organize, manage, carry	212
on, sponsor, or prepare for the operation of bingo or a game of	213
chance.	214

(U) "Bingo game operator" means any person, except security	215
personnel, who performs work or labor at the site of bingo,	216
including, but not limited to, collecting money from participants,	217
handing out bingo cards or sheets or objects to cover spaces on	218
bingo cards or sheets, selecting from a receptacle the objects	219
that contain the combination of letters and numbers that appear on	220
bingo cards or sheets, calling out the combinations of letters and	221
numbers, distributing prizes, selling or redeeming instant bingo	222
tickets or cards, supervising the operation of a punch board,	223
selling raffle tickets, selecting raffle tickets from a receptacle	224
and announcing the winning numbers in a raffle, and preparing,	225
selling, and serving food or beverages.	226

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

227

(W) "Bingo session" means a period that includes both of the	228
following:	229

(1) Not to exceed five continuous hours for the conduct of	230
one or more games described in division (S)(1) of this section,	231
instant bingo, and seal cards;	232

(2) A period for the conduct of instant bingo and seal cards	233
for not more than two hours before and not more than two hours	234
after the period described in division (W)(1) of this section.	235

(X) "Gross receipts" means all money or assets, including	236
admission fees, that a person receives from bingo without the	237
deduction of any amounts for prizes paid out or for the expenses	238
of conducting bingo. "Gross receipts" does not include any money	239
directly taken in from the sale of food or beverages by a	240
charitable organization conducting bingo, or by a bona fide	241
auxiliary unit or society of a charitable organization conducting	242
bingo, provided all of the following apply:	243

(1) The auxiliary unit or society has been in existence as a	244
bona fide auxiliary unit or society of the charitable organization	245
for at least two years prior to conducting bingo.	246

(2) The person who purchases the food or beverage receives	247
nothing of value except the food or beverage and items customarily	248
received with the purchase of that food or beverage.	249

(3) The food and beverages are sold at customary and	250
reasonable prices.	251

(Y) "Security personnel" includes any person who either is a	252
sheriff, deputy sheriff, marshal, deputy marshal, township	253
constable, or member of an organized police department of a	254
municipal corporation or has successfully completed a peace	255
officer's training course pursuant to sections 109.71 to 109.79 of	256
the Revised Code and who is hired to provide security for the	257
premises on which bingo is conducted.	258

(Z) "Charitable purpose" means that the net profit of bingo,	259
other than instant bingo, is used by, or is given, donated, or	260
otherwise transferred to, any of the following:	261

(1) Any organization that is described in subsection	262
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	263
and is either a governmental unit or an organization that is tax	264
exempt under subsection 501(a) and described in subsection	265
501(c)(3) of the Internal Revenue Code;	266

(2) A veteran's organization that is a post, chapter, or	267
organization of veterans, or an auxiliary unit or society of, or a	268
trust or foundation for, any such post, chapter, or organization	269
organized in the United States or any of its possessions, at least	270
seventy-five per cent of the members of which are veterans and	271
substantially all of the other members of which are individuals	272
who are spouses, widows, or widowers of veterans, or such	273
individuals, provided that no part of the net earnings of such	274
post, chapter, or organization inures to the benefit of any	275
private shareholder or individual, and further provided that the	276
net profit is used by the post, chapter, or organization for the	277
charitable purposes set forth in division (B)(12) of section	278
5739.02 of the Revised Code, is used for awarding scholarships to	279
or for attendance at an institution mentioned in division (B)(12)	280
of section 5739.02 of the Revised Code, is donated to a	281
governmental agency, or is used for nonprofit youth activities,	282
the purchase of United States or Ohio flags that are donated to	283
schools, youth groups, or other bona fide nonprofit organizations,	284
promotion of patriotism, or disaster relief;	285

(3) A fraternal organization that has been in continuous	286
existence in this state for fifteen years and that uses the net	287
profit exclusively for religious, charitable, scientific,	288
literary, or educational purposes, or for the prevention of	289
cruelty to children or animals, if contributions for such use	290
would qualify as a deductible charitable contribution under	291
subsection 170 of the Internal Revenue Code;	292

(4) A volunteer firefighter's organization that uses the net	293
profit for the purposes set forth in division (L) of this section.	294

(AA) "Internal Revenue Code" means the "Internal Revenue Code	295
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	296
amended.	297

(BB) "Youth athletic organization" means any organization,	298
not organized for profit, that is organized and operated	299
exclusively to provide financial support to, or to operate,	300
athletic activities for persons who are twenty-one years of age or	301
younger by means of sponsoring, organizing, operating, or	302
contributing to the support of an athletic team, club, league, or	303
association.	304

(CC) "Youth athletic park organization" means any	305
organization, not organized for profit, that satisfies both of the	306
following:	307

(1) It owns, operates, and maintains playing fields that	308
satisfy both of the following:	309

(a) The playing fields are used at least one hundred days per	310
year for athletic activities by one or more organizations, not	311
organized for profit, each of which is organized and operated	312
exclusively to provide financial support to, or to operate,	313
athletic activities for persons who are eighteen years of age or	314
younger by means of sponsoring, organizing, operating, or	315
contributing to the support of an athletic team, club, league, or	316
association.	317

(b) The playing fields are not used for any profit-making	318
activity at any time during the year.	319

(2) It uses the proceeds of bingo it conducts exclusively for	320
the operation, maintenance, and improvement of its playing fields	321
of the type described in division (CC)(1) of this section.	322

(DD) "Amateur athletic organization" means any organization,	323
not organized for profit, that is organized and operated	324
exclusively to provide financial support to, or to operate,	325
athletic activities for persons who are training for amateur	326
athletic competition that is sanctioned by a national governing	327
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	328
3045, 36 U.S.C.A. 373.	329

(EE) "Bingo supplies" means bingo cards or sheets; instant	330
bingo tickets or cards; electronic bingo aids; raffle tickets;	331
punch boards; seal cards; instant bingo ticket dispensers; and	332
devices for selecting or displaying the combination of bingo	333
letters and numbers or raffle tickets. Items that are "bingo	334
supplies" are not gambling devices if sold or otherwise provided,	335
and used, in accordance with this chapter. For purposes of this	336
chapter, "bingo supplies" are not to be considered equipment used	337
to conduct a bingo game.	338

(FF) "Instant bingo" means a form of bingo that uses folded	339
or banded tickets or paper cards with perforated break-open tabs,	340
a face of which is covered or otherwise hidden from view to	341
conceal a number, letter, or symbol, or set of numbers, letters,	342
or symbols, some of which have been designated in advance as prize	343
winners, and games in which winners are determined by the random	344
selection of one or more bingo numbers, by the use of a seal card	345
or bingo blower. "Instant bingo" includes seal cards. "Instant	346
bingo" does not include any device that is activated by the	347
insertion of a coin, currency, token, or an equivalent, and that	348
contains as one of its components a video display monitor that is	349
capable of displaying numbers, letters, symbols, or characters in	350
winning or losing combinations.	351

(GG) "Seal card" means a form of instant bingo that uses	352
instant bingo tickets in conjunction with a board or placard that	353
contains one or more seals that, when removed or opened, reveal	354
predesignated winning numbers, letters, or symbols.	355

(HH) "Raffle" means a form of bingo in which the one or more	356
prizes are won by one or more persons who have purchased a raffle	357
ticket. The one or more winners of the raffle are determined by	358
drawing a ticket stub or other detachable section from a	359
receptacle containing ticket stubs or detachable sections	360
corresponding to all tickets sold for the raffle.	361

(II) "Punch board" means a board containing a number of holes	362
or receptacles of uniform size in which are placed, mechanically	363
and randomly, serially numbered slips of paper that may be punched	364
or drawn from the hole or receptacle when used in conjunction with	365
instant bingo. A player may punch or draw the numbered slips of	366
paper from the holes or receptacles and obtain the prize	367
established for the game if the number drawn corresponds to a	368
winning number or, if the punch board includes the use of a seal	369
card, a potential winning number.	370

(JJ) "Gross profit" means gross receipts minus the amount	371
actually expended for the payment of prize awards.	372

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

373

(LL) "Expenses" means the reasonable amount of gross profit	374
actually expended for all of the following:	375

(1) The purchase or lease of bingo supplies;

376

(2) The annual license fee required under section 2915.08 of	377
the Revised Code;	378

(3) Bank fees and service charges for a bingo session or game	379
account described in section 2915.10 of the Revised Code;	380

(4) Audits and accounting services;

381

(5) Safes;

382

(6) Cash registers;

383

(7) Hiring security personnel;

384

(8) Advertising bingo;

385

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

386

(10) Tables and chairs;

387

(11) Expenses for maintaining and operating a charitable	388
organization's facilities, including, but not limited to, a post	389
home, club house, lounge, tavern, or canteen and any grounds	390
attached to the post home, club house, lounge, tavern, or canteen;	391

(12) Any other product or service directly related to the	392
conduct of bingo that is authorized in rules adopted by the	393
attorney general under division (B)(1) of section 2915.08 of the	394
Revised Code.	395

(MM) "Person" has the same meaning as in section 1.59 of the	396
Revised Code and includes any firm or any other legal entity,	397
however organized.	398

(NN) "Revoke" means to void permanently all rights and	399
privileges of the holder of a license issued under section	400
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	401
gaming license issued by another jurisdiction.	402

(OO) "Suspend" means to interrupt temporarily all rights and	403
privileges of the holder of a license issued under section	404
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	405
gaming license issued by another jurisdiction.	406

(PP) "Distributor" means any person who purchases or obtains	407
bingo supplies and who does either of the following:	408

(1) Sells, offers for sale, or otherwise provides or offers	409
to provide the bingo supplies to another person for use in this	410
state;	411

(2) Modifies, converts, adds to, or removes parts from the	412
bingo supplies to further their promotion or sale for use in this	413
state.	414

(QQ) "Manufacturer" means any person who assembles completed	415
bingo supplies from raw materials, other items, or subparts or who	416
modifies, converts, adds to, or removes parts from bingo supplies	417
to further their promotion or sale.	418

(RR) "Gross annual revenues" means the annual gross receipts	419
derived from the conduct of bingo described in division (S)(1) of	420
this section plus the annual net profit derived from the conduct	421
of bingo described in division (S)(2) of this section.	422

(SS) "Instant bingo ticket dispenser" means a mechanical	423
device that dispenses an instant bingo ticket or card as the sole	424
item of value dispensed and that has the following	425
characteristics:	426

(1) It is activated upon the insertion of United States	427
currency.	428

(2) It performs no gaming functions.

429

(3) It does not contain a video display monitor or generate	430
noise.	431

(4) It is not capable of displaying any numbers, letters,	432
symbols, or characters in winning or losing combinations.	433

(5) It does not simulate or display rolling or spinning	434
reels.	435

(6) It is incapable of determining whether a dispensed bingo	436
ticket or card is a winning or nonwinning ticket or card and	437
requires a winning ticket or card to be paid by a bingo game	438
operator.	439

(7) It may provide accounting and security features to aid in	440
accounting for the instant bingo tickets or cards it dispenses.	441

(8) It is not part of an electronic network and is not	442
interactive.	443

(TT)(1) "Electronic bingo aid" means an electronic device	444
used by a participant to monitor bingo cards or sheets purchased	445
at the time and place of a bingo session and that does all of the	446
following:	447

(a) It provides a means for a participant to input numbers	448
and letters announced by a bingo caller.	449

(b) It compares the numbers and letters entered by the	450
participant to the bingo faces previously stored in the memory of	451
the device.	452

(c) It identifies a winning bingo pattern.

453

(2) "Electronic bingo aid" does not include any device into	454
which a coin, currency, token, or an equivalent is inserted to	455
activate play.	456

(UU) "Deal of instant bingo tickets" means a single game of	457
instant bingo tickets all with the same serial number.	458

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

459

(a) Any mechanical, electronic, video, or digital device that	460
is capable of accepting anything of value, directly or indirectly,	461
from or on behalf of a player who gives the thing of value in the	462
hope of gain;	463

(b) Any mechanical, electronic, video, or digital device that	464
is capable of accepting anything of value, directly or indirectly,	465
from or on behalf of a player to conduct or dispense bingo or a	466
scheme or game of chance.	467

(2) "Slot machine" does not include a skill-based amusement	468
machine.	469

(WW) "Net profit from the proceeds of the sale of instant	470
bingo" means gross profit minus the ordinary, necessary, and	471
reasonable expense expended for the purchase of instant bingo	472
supplies.	473

(XX) "Charitable instant bingo organization" means an	474
organization that is exempt from federal income taxation under	475
subsection 501(a) and described in subsection 501(c)(3) of the	476
Internal Revenue Code and is a charitable organization as defined	477
in this section. A "charitable instant bingo organization" does	478
not include a charitable organization that is exempt from federal	479
income taxation under subsection 501(a) and described in	480
subsection 501(c)(3) of the Internal Revenue Code and that is	481
created by a veteran's organization, a fraternal organization, or	482
a sporting organization in regards to bingo conducted or assisted	483
by a veteran's organization, a fraternal organization, or a	484
sporting organization pursuant to section 2915.13 of the Revised	485
Code.	486

(YY) "Game flare" means the board or placard that accompanies	487
each deal of instant bingo tickets and that has printed on or	488
affixed to it the following information for the game:	489

(1) The name of the game;

490

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

491

(3) The form number;

492

(4) The ticket count;

493

(5) The prize structure, including the number of winning	494
instant bingo tickets by denomination and the respective winning	495
symbol or number combinations for the winning instant bingo	496
tickets;	497

(6) The cost per play;

498

(7) The serial number of the game.

499

(ZZ) "Historic railroad educational organization" means an	500
organization that is exempt from federal income taxation under	501
subsection 501(a) and described in subsection 501(c)(3) of the	502
Internal Revenue Code, that owns in fee simple the tracks and the	503
right of way of a historic railroad that the organization restores	504
or maintains and on which the organization provides excursions as	505
part of a program to promote tourism and educate visitors	506
regarding the role of railroad transportation in Ohio history, and	507
that received as donations from a charitable organization that	508
holds a license to conduct bingo under this chapter an amount	509
equal to at least fifty per cent of that licensed charitable	510
organization's net proceeds from the conduct of bingo during each	511
of the five years preceding June 30, 2003. "Historic railroad"	512
means all or a portion of the tracks and right-of-way of a	513
railroad that was owned and operated by a for-profit common	514
carrier in this state at any time prior to January 1, 1950.	515

(AAA)(1) "Skill-based amusement machine" means a mechanical,	516
video, digital, or electronic device that rewards the player or	517
players, if at all, only with merchandise prizes or with	518
redeemable vouchers redeemable only for merchandise prizes,	519
provided that with respect to rewards for playing the game all	520
of the following apply:	521

(a) The wholesale value of a merchandise prize awarded as a	522
result of the single play of a machine does not exceed ten	523
dollars;	524

(b) Redeemable vouchers awarded for any single play of a	525
machine are not redeemable for a merchandise prize with a	526
wholesale value of more than ten dollars;	527

(c) Redeemable vouchers are not redeemable for a merchandise	528
prize that has a wholesale value of more than ten dollars times	529
the fewest number of single plays necessary to accrue the	530
redeemable vouchers required to obtain that prize; and	531

(d) Any redeemable vouchers or merchandise prizes are	532
distributed at the site of the skill-based amusement machine at	533
the time of play.	534

(2) A device shall not be considered a skill-based amusement	535
machine and shall be considered a slot machine if it pays cash or	536
one or more of the following apply:	537

(a) The ability of a player to succeed at the game is	538
impacted by the number or ratio of prior wins to prior losses of	539
players playing the game.	540

(b) Any reward of redeemable vouchers is not based solely on	541
the player achieving the object of the game or the player's	542
score;	543

(c) The outcome of the game, or the value of the redeemable	544
voucher or merchandise prize awarded for winning the game, can be	545
controlled by a source other than any player playing the game.	546

(d) The success of any player is or may be determined by a	547
chance event that cannot be altered by player actions.	548

(e) The ability of any player to succeed at the game is	549
determined by game features not visible or known to the player.	550

(f) The ability of the player to succeed at the game is	551
impacted by the exercise of a skill that no reasonable player	552
could exercise.	553

(3) All of the following apply to any machine that is	554
operated as described in division (AAA)(1) of this section:	555

(a) As used in this section, "game" and "play" mean one	556
event from the initial activation of the machine until the	557
results of play are determined without payment of additional	558
consideration. An individual utilizing a machine that involves a	559
single game, play, contest, competition, or tournament may be	560
awarded redeemable vouchers or merchandise prizes based on the	561
results of play.	562

(b) Advance play for a single game, play, contest,	563
competition, or tournament participation may be purchased. The	564
cost of the contest, competition, or tournament participation may	565
be greater than a single noncontest, competition, or tournament	566
play.	567

(c) To the extent that the machine is used in a contest,	568
competition, or tournament, that contest, competition, or	569
tournament has a defined starting and ending date and is open to	570
participants in competition for scoring and ranking results toward	571
the awarding of redeemable vouchers or merchandise prizes that are	572
stated prior to the start of the contest, competition, or	573
tournament.	574

(4) For purposes of division (AAA)(1) of this section, the	575
mere presence of a device, such as a pin-setting, ball-releasing,	576
or scoring mechanism, that does not contribute to or affect the	577
outcome of the play of the game does not make the device a	578
skill-based amusement machine.	579

(BBB) "Merchandise prize" means any item of value, but shall	580
not include any of the following:	581

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

582

(2) Plays on games of chance, state lottery tickets, bingo,	583
or instant bingo;	584

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

585

(4) A redeemable voucher that is redeemable for any of the	586
items listed in division (BBB)(1), (2), or (3) of this section.	587

(CCC) "Redeemable voucher" means any ticket, token, coupon,	588
receipt, or other noncash representation of value.	589

(DDD) "Pool not conducted for profit" means a scheme in which	590
a participant gives a valuable consideration for a chance to win a	591
prize and the total amount of consideration wagered is distributed	592
to a participant or participants.	593

(EEE) "Sporting organization" means a hunting, fishing, or	594
trapping organization, other than a college or high school	595
fraternity or sorority, that is not organized for profit, that is	596
affiliated with a state or national sporting organization,	597
including but not limited to, the Ohio league of sportsmen, and	598
that has been in continuous existence in this state for a period	599
of three years.	600

(FFF) "Community action agency" has the same meaning as in	601
section 122.66 of the Revised Code.	602

Sec. 2915.09.  (A) No charitable organization that conducts	603
bingo shall fail to do any of the following:	604

(1) Own all of the equipment used to conduct bingo or lease	605
that equipment from a charitable organization that is licensed to	606
conduct bingo, or from the landlord of a premises where bingo is	607
conducted, for a rental rate that is not more than is customary	608
and reasonable for that equipment;	609

(2) Except as otherwise provided in division (A)(3) of this	610
section, use all of the gross receipts from bingo for paying	611
prizes, for reimbursement of expenses for or for renting premises	612
in which to conduct a bingo session, for reimbursement of expenses	613
for or for purchasing or leasing bingo supplies used in conducting	614
bingo, for reimbursement of expenses for or for hiring security	615
personnel, for reimbursement of expenses for or for advertising	616
bingo, or for reimbursement of other expenses or for other	617
expenses listed in division (LL) of section 2915.01 of the Revised	618
Code, provided that the amount of the receipts so spent is not	619
more than is customary and reasonable for a similar purchase,	620
lease, hiring, advertising, or expense. If the building in which	621
bingo is conducted is owned by the charitable organization	622
conducting bingo and the bingo conducted includes a form of bingo	623
described in division (S)(1) of section 2915.01 of the Revised	624
Code, the charitable organization may deduct from the total amount	625
of the gross receipts from each session a sum equal to the lesser	626
of six hundred dollars or forty-five per cent of the gross	627
receipts from the bingo described in that division as	628
consideration for the use of the premises.	629

(3) Use, or give, donate, or otherwise transfer, all of the	630
net profit derived from bingo, other than instant bingo, for a	631
charitable purpose listed in its license application and described	632
in division (Z) of section 2915.01 of the Revised Code, or	633
distribute all of the net profit from the proceeds of the sale of	634
instant bingo as stated in its license application and in	635
accordance with section 2915.101 of the Revised Code.	636

(B) No charitable organization that conducts a bingo game	637
described in division (S)(1) of section 2915.01 of the Revised	638
Code shall fail to do any of the following:	639

(1) Conduct the bingo game on premises that are owned by the	640
charitable organization, on premises that are owned by another	641
charitable organization and leased from that charitable	642
organization for a rental rate not in excess of the lesser of six	643
hundred dollars per bingo session or forty-five per cent of the	644
gross receipts of the bingo session, on premises that are leased	645
from a person other than a charitable organization for a rental	646
rate that is not more than is customary and reasonable for	647
premises that are similar in location, size, and quality but not	648
in excess of four hundred fifty dollars per bingo session, or on	649
premises that are owned by a person other than a charitable	650
organization, that are leased from that person by another	651
charitable organization, and that are subleased from that other	652
charitable organization by the charitable organization for a	653
rental rate not in excess of four hundred fifty dollars per bingo	654
session. If the charitable organization leases from a person	655
other than a charitable organization the premises on which it	656
conducts bingo sessions, the lessor of the premises shall provide	657
only the premises to the organization and shall not provide the	658
organization with bingo game operators, security personnel,	659
concessions or concession operators, bingo supplies, or any other	660
type of service or equipment. A charitable organization shall not	661
lease or sublease premises that it owns or leases to more than one	662
other charitable organization per calendar week for the purpose of	663
conducting bingo sessions on the premises. A person that is not a	664
charitable organization shall not lease premises that it owns,	665
leases, or otherwise is empowered to lease to more than onethree	666
charitable organizationorganizations per calendar week for	667
conducting bingo sessions on the premises. In no case shall more	668
than twonine bingo sessions be conducted on any premises in any	669
calendar week.	670

(2) Display its license conspicuously at the premises where	671
the bingo session is conducted;	672

(3) Conduct the bingo session in accordance with the	673
definition of bingo set forth in division (S)(1) of section	674
2915.01 of the Revised Code.	675

(C) No charitable organization that conducts a bingo game	676
described in division (S)(1) of section 2915.01 of the Revised	677
Code shall do any of the following:	678

(1) Pay any compensation to a bingo game operator for	679
operating a bingo session that is conducted by the charitable	680
organization or for preparing, selling, or serving food or	681
beverages at the site of the bingo session, permit any auxiliary	682
unit or society of the charitable organization to pay compensation	683
to any bingo game operator who prepares, sells, or serves food or	684
beverages at a bingo session conducted by the charitable	685
organization, or permit any auxiliary unit or society of the	686
charitable organization to prepare, sell, or serve food or	687
beverages at a bingo session conducted by the charitable	688
organization, if the auxiliary unit or society pays any	689
compensation to the bingo game operators who prepare, sell, or	690
serve the food or beverages;	691

(2) Pay consulting fees to any person for any services	692
performed in relation to the bingo session;	693

(3) Pay concession fees to any person who provides	694
refreshments to the participants in the bingo session;	695

(4) Except as otherwise provided in division (C)(4) of this	696
section, conduct more than twothree bingo sessions in any	697
seven-day period. A volunteer firefighter's organization or a	698
volunteer rescue service organization that conducts not more than	699
five bingo sessions in a calendar year may conduct more than two	700
three bingo sessions in a seven-day period after notifying the	701
attorney general when it will conduct the sessions.	702

(5) Pay out more than threesix thousand five hundred dollars	703
in prizes for bingo games described in division (S)(1) of section	704
2915.01 of the Revised Code during any bingo session that is	705
conducted by the charitable organization. "Prizes" does not	706
include awards from the conduct of instant bingo.	707

(6) Conduct a bingo session at any time during the ten-hour	708
period between midnight and ten a.m., at any time during, or	709
within ten hours of, a bingo game conducted for amusement only	710
pursuant to section 2915.12 of the Revised Code, at any premises	711
not specified on its license, or on any day of the week or during	712
any time period not specified on its license. Division (A)(6) of	713
this section does not prohibit the sale of instant bingo tickets	714
beginning at nine a.m. for a bingo session that begins at ten a.m.	715
If circumstances make it impractical for the charitable	716
organization to conduct a bingo session at the premises, or on the	717
day of the week or at the time, specified on its license or if a	718
charitable organization wants to conduct bingo sessions on a day	719
of the week or at a time other than the day or time specified on	720
its license, the charitable organization may apply in writing to	721
the attorney general for an amended license pursuant to division	722
(F) of section 2915.08 of the Revised Code. A charitable	723
organization may apply twice in each calendar year for an amended	724
license to conduct bingo sessions on a day of the week or at a	725
time other than the day or time specified on its license. If the	726
amended license is granted, the organization may conduct bingo	727
sessions at the premises, on the day of the week, and at the time	728
specified on its amended license.	729

(7) Permit any person whom the charitable organization knows,	730
or should have known, is under the age of eighteen to work as a	731
bingo game operator;	732

(8) Permit any person whom the charitable organization knows,	733
or should have known, has been convicted of a felony or gambling	734
offense in any jurisdiction to be a bingo game operator;	735

(9) Permit the lessor of the premises on which the bingo	736
session is conducted, if the lessor is not a charitable	737
organization, to provide the charitable organization with bingo	738
game operators, security personnel, concessions, bingo supplies,	739
or any other type of service or equipment;	740

(10) Purchase or lease bingo supplies from any person except	741
a distributor issued a license under section 2915.081 of the	742
Revised Code;	743

(11)(a) Use or permit the use of electronic bingo aids except	744
under the following circumstances:	745

(i) For any single participant, not more than ninety bingo	746
faces can be played using an electronic bingo aid or aids.	747

(ii) The charitable organization shall provide a participant	748
using an electronic bingo aid with corresponding paper bingo cards	749
or sheets.	750

(iii) The total price of bingo faces played with an	751
electronic bingo aid shall be equal to the total price of the same	752
number of bingo faces played with a paper bingo card or sheet sold	753
at the same bingo session but without an electronic bingo aid.	754

(iv) An electronic bingo aid cannot be part of an electronic	755
network other than a network that includes only bingo aids and	756
devices that are located on the premises at which the bingo is	757
being conducted or be interactive with any device not located on	758
the premises at which the bingo is being conducted.	759

(v) An electronic bingo aid cannot be used to participate in	760
bingo that is conducted at a location other than the location at	761
which the bingo session is conducted and at which the electronic	762
bingo aid is used.	763

(vi) An electronic bingo aid cannot be used to provide for	764
the input of numbers and letters announced by a bingo caller other	765
than the bingo caller who physically calls the numbers and letters	766
at the location at which the bingo session is conducted and at	767
which the electronic bingo aid is used.	768

(b) The attorney general may adopt rules in accordance with	769
Chapter 119. of the Revised Code that govern the use of electronic	770
bingo aids. The rules may include a requirement that an electronic	771
bingo aid be capable of being audited by the attorney general to	772
verify the number of bingo cards or sheets played during each	773
bingo session.	774

(12) Permit any person the charitable organization knows, or	775
should have known, to be under eighteen years of age to play bingo	776
described in division (S)(1) of section 2915.01 of the Revised	777
Code.	778

(D)(1) Except as otherwise provided in division (D)(3) of	779
this section, no charitable organization shall provide to a bingo	780
game operator, and no bingo game operator shall receive or accept,	781
any commission, wage, salary, reward, tip, donation, gratuity, or	782
other form of compensation, directly or indirectly, regardless of	783
the source, for conducting bingo or providing other work or labor	784
at the site of bingo during a bingo session.	785

(2) Except as otherwise provided in division (D)(3) of this	786
section, no charitable organization shall provide to a bingo game	787
operator any commission, wage, salary, reward, tip, donation,	788
gratuity, or other form of compensation, directly or indirectly,	789
regardless of the source, for conducting instant bingo other than	790
at a bingo session at the site of instant bingo other than at a	791
bingo session.	792

(3) Nothing in division (D) of this section prohibits an	793
employee of a fraternal organization, veteran's organization, or	794
sporting organization from selling instant bingo tickets or cards	795
to the organization's members or invited guests, as long as no	796
portion of the employee's compensation is paid from any receipts	797
of bingo.	798

(E) Notwithstanding division (B)(1) of this section, a	799
charitable organization that, prior to December 6, 1977, has	800
entered into written agreements for the lease of premises it owns	801
to another charitable organization or other charitable	802
organizations for the conducting of bingo sessions so that more	803
than two bingo sessions are conducted per calendar week on the	804
premises, and a person that is not a charitable organization and	805
that, prior to December 6, 1977, has entered into written	806
agreements for the lease of premises it owns to charitable	807
organizations for the conducting of more than two bingo sessions	808
per calendar week on the premises, may continue to lease the	809
premises to those charitable organizations, provided that no more	810
than four sessions are conducted per calendar week, that the	811
lessor organization or person has notified the attorney general in	812
writing of the organizations that will conduct the sessions and	813
the days of the week and the times of the day on which the	814
sessions will be conducted, that the initial lease entered into	815
with each organization that will conduct the sessions was filed	816
with the attorney general prior to December 6, 1977, and that each	817
organization that will conduct the sessions was issued a license	818
to conduct bingo games by the attorney general prior to December	819
6, 1977.	820

(F) This section does not prohibit a bingo licensed	821
charitable organization or a game operator from giving any person	822
an instant bingo ticket as a prize.	823

(G) Whoever violates division (A)(2) of this section is	824
guilty of illegally conducting a bingo game, a felony of the	825
fourth degree. Except as otherwise provided in this division,	826
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	827
(C)(1) to (12), or (D) of this section is guilty of a minor	828
misdemeanor. If the offender previously has been convicted of a	829
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	830
to (11), or, (D) of this section, a violation of division (A)(1)	831
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	832
misdemeanor of the first degree. Whoever violates division (C)(12)	833
of this section is guilty of a misdemeanor of the first degree, if	834
the offender previously has been convicted of a violation of	835
division (C)(12) of this section, a felony of the fourth degree.	836

Sec. 2915.091.  (A) No charitable organization that conducts	837
instant bingo shall do any of the following:	838

(1) Fail to comply with the requirements of divisions (A)(1),	839
(2), and (3) of section 2915.09 of the Revised Code;	840

(2) Conduct instant bingo unless either of the following	841
apply:	842

(a) That organization is, and has received from the internal	843
revenue service a determination letter that is currently in effect	844
stating that the organization is, exempt from federal income	845
taxation under subsection 501(a), is described in subsection	846
501(c)(3) of the Internal Revenue Code, is a charitable	847
organization as defined in section 2915.01 of the Revised Code, is	848
in good standing in the state pursuant to section 2915.08 of the	849
Revised Code, and is in compliance with Chapter 1716. of the	850
Revised Code;	851

(b) That organization is, and has received from the internal	852
revenue service a determination letter that is currently in effect	853
stating that the organization is, exempt from federal income	854
taxation under subsection 501(a), is described in subsection	855
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	856
organization described in subsection 501(c)(4) of the Internal	857
Revenue Code, and conducts instant bingo under section 2915.13 of	858
the Revised Code.	859

(3) Conduct instant bingo on any day, at any time, or at any	860
premises not specified on the organization's license issued	861
pursuant to section 2915.08 of the Revised Code;	862

(4) Permit any person whom the organization knows or should	863
have known has been convicted of a felony or gambling offense in	864
any jurisdiction to be a bingo game operator in the conduct of	865
instant bingo;	866

(5) Purchase or lease supplies used to conduct instant bingo	867
or punch board games from any person except a distributor licensed	868
under section 2915.081 of the Revised Code;	869

(6) Sell or provide any instant bingo ticket or card for a	870
price different from the price printed on it by the manufacturer	871
on either the instant bingo ticket or card or on the game flare;.	872
Division (A)(6) of this section does not prohibit a charitable	873
organization that is licensed to conduct instant bingo or a bingo	874
game operator from giving an instant bingo ticket as a prize or	875
promotional item at no charge.	876

(7) Sell an instant bingo ticket or card to a person under	877
eighteen years of age;	878

(8) Fail to keep unsold instant bingo tickets or cards for	879
less than three years;	880

(9) Pay any compensation to a bingo game operator for	881
conducting instant bingo that is conducted by the organization or	882
for preparing, selling, or serving food or beverages at the site	883
of the instant bingo game, permit any auxiliary unit or society of	884
the organization to pay compensation to any bingo game operator	885
who prepares, sells, or serves food or beverages at an instant	886
bingo game conducted by the organization, or permit any auxiliary	887
unit or society of the organization to prepare, sell, or serve	888
food or beverages at an instant bingo game conducted by the	889
organization, if the auxiliary unit or society pays any	890
compensation to the bingo game operators who prepare, sell, or	891
serve the food or beverages;	892

(10) Pay fees to any person for any services performed in	893
relation to an instant bingo game;	894

(11) Pay fees to any person who provides refreshments to the	895
participants in an instant bingo game;	896

(12)(a) Allow instant bingo tickets or cards to be sold to	897
bingo game operators at a premises at which the organization sells	898
instant bingo tickets or cards or to be sold to employees of a D	899
permit holder who are working at a premises at which instant bingo	900
tickets or cards are sold;	901

(b) Division (A)(12)(a) of this section does not prohibit a	902
licensed charitable organization or a bingo game operator from	903
giving any person an instant bingo ticketsticket as a prize.	904

(13) Fail to display its bingo license, and the serial	905
numbers of the deal of instant bingo tickets or cards to be sold,	906
conspicuously at each premises at which it sells instant bingo	907
tickets or cards;	908

(14) Possess a deal of instant bingo tickets or cards that	909
was not purchased from a distributor licensed under section	910
2915.081 of the Revised Code as reflected on an invoice issued by	911
the distributor that contains all of the information required by	912
division (E) of section 2915.10 of the Revised Code;	913

(15) Fail, once it opens a deal of instant bingo tickets or	914
cards, to continue to sell the tickets or cards in that deal until	915
the tickets or cards with the top two highest tiers of prizes in	916
that deal are sold;	917

(16) Purchase, lease, or use instant bingo ticket dispensers	918
to sell instant bingo tickets or cards;	919

(17)(16) Possess bingo supplies that were not obtained in	920
accordance with sections 2915.01 to 2915.13 of the Revised Code.	921

(B) A charitable organization may conduct instant bingo other	922
than at a bingo session at not more than five separate locations.	923
A charitable organization that is exempt from federal taxation	924
under subsection 501(a) and described in subsection 501(c)(3) of	925
the Internal Revenue Code and that is created by a veteran's	926
organization or a fraternal organization is not limited in the	927
number of separate locations the charitable organization may	928
conduct instant bingo other than at a bingo session.	929

(C) The attorney general may adopt rules in accordance with	930
Chapter 119. of the Revised Code that govern the conduct of	931
instant bingo by charitable organizations. Before those rules are	932
adopted, the attorney general shall reference the recommended	933
standards for opacity, randomization, minimum information, winner	934
protection, color, and cutting for instant bingo tickets or cards,	935
seal cards, and punch boards established by the North American	936
gaming regulators association.	937

(D) Whoever violates division (A) of this section or a rule	938
adopted under division (C) of this section is guilty of illegal	939
instant bingo conduct. Except as otherwise provided in this	940
division, illegal instant bingo conduct is a misdemeanor of the	941
first degree. If the offender previously has been convicted of a	942
violation of division (A) of this section or of such a rule,	943
illegal instant bingo conduct is a felony of the fifth degree.	944

Section 2. That existing sections 2915.01, 2915.09, and	945
2915.091 of the Revised Code are hereby repealed.	946