H. B. No. 519 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 519

Representatives Yuko, Book

A BILL

To amend sections 101.70, 102.02, 102.03, 109.572,

109.71, 109.77, 109.79, 121.60, 126.45, 1705.48,

2915.01, 2915.02, 2915.08, 2915.09, 2915.091,

2915.101, 3793.02, 4301.355, 4301.62, 4303.181,

4303.182, 4303.30, 5502.03, 5703.052, 5703.19,

5703.21, 5703.70, and 5747.02, and to enact

sections 121.54, 122.045, 2915.14, 3517.1015,

3769.081, 3772.01 to 3772.03, 3772.031, 3772.032,

3772.033, 3772.034, 3772.04, 3772.05, 3772.051,

3772.06, 3772.061, 3772.062, 3772.07 to 3772.09,

3772.091, 3772.10, 3772.11, 3772.111, 3772.112,

3772.12, 3772.121, 3772.13, 3772.131, 3772.14 to

3772.32, 3772.99, 3793.032, 5747.063, 5753.01 to

5753.06, 5753.061, and 5753.07 to 5753.10 of the

Revised Code to create the Ohio Casino Control

Commission and related provisions and to set forth

casino gaming statutes under Ohio Constitution,

Article XV, Section 6(C), to make changes to bingo

and instant bingo laws, to create charity card

rooms, and to make an appropriation.

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

Section 1. That sections 101.70, 102.02, 102.03, 109.572,	21
109.71, 109.77, 109.79, 121.60, 126.45, 1705.48, 2915.01, 2915.02,	22
2915.08, 2915.09, 2915.091, 2915.101, 3793.02, 4301.355, 4301.62,	23
4303.181, 4303.182, 4303.30, 5502.03, 5703.052, 5703.19, 5703.21,	24
5703.70, and 5747.02 be amended and sections 121.54, 122.045,	25
2915.14, 3517.1015, 3769.081, 3772.01, 3772.02, 3772.03, 3772.031,	26
3772.032, 3772.033, 3772.034, 3772.04, 3772.05, 3772.051, 3772.06,	27
3772.061, 3772.062, 3772.07, 3772.08, 3772.09, 3772.091, 3772.10,	28
3772.11, 3772.111, 3772.112, 3772.12, 3772.121, 3772.13, 3772.131,	29
3772.14, 3772.15, 3772.16, 3772.17, 3772.18, 3772.19, 3772.20,	30
3772.21, 3772.22, 3772.23, 3772.24, 3772.25, 3772.26, 3772.27,	31
3772.28, 3772.29, 3772.30, 3772.31, 3772.32, 3772.99, 3793.032,	32
5747.063, 5753.01, 5753.02, 5753.03, 5753.04, 5753.05, 5753.06,	33
5753.061, 5753.07, 5753.08, 5753.09, and 5753.10 of the Revised	34
Code be enacted to read as follows:	35

Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99	36
of the Revised Code:	37

(A) "Person" means any individual, partnership, trust,	38
estate, business trust, association, or corporation; any labor	39
organization or manufacturer association; any department,	40
commission, board, publicly supported college or university,	41
division, institution, bureau, or other instrumentality of the	42
state; or any county, township, municipal corporation, school	43
district, or other political subdivision of the state. "Person"	44
includes the Ohio casino control commission, a member of the	45
commission, the executive director of the commission, an employee	46
of the commission, and an agent of the commission.	47

(B) "Legislation" means bills, resolutions, amendments,	48
nominations, and any other matter pending before the general	49
assembly, any matter pending before the controlling board, or the	50
executive approval or veto of any bill acted upon by the general	51
assembly.	52

(C) "Compensation" means a salary, gift, payment, benefit,	53
subscription, loan, advance, reimbursement, or deposit of money or	54
anything of value; or a contract, promise, or agreement, whether	55
or not legally enforceable, to make compensation.	56

(D) "Expenditure" means any of the following that is made to,	57
at the request of, for the benefit of, or on behalf of any member	58
of the general assembly, any member of the controlling board, the	59
governor, the director of a department created under section	60
121.02 of the Revised Code, or any member of the staff of any	61
public officer or employee listed in this division:	62

(1) A payment, distribution, loan, advance, deposit,	63
reimbursement, or gift of money, real estate, or anything of	64
value, including, but not limited to, food and beverages,	65
entertainment, lodging, or transportation;	66

(2) A contract, promise, or agreement to make an expenditure,	67
whether or not legally enforceable;	68

(3) The purchase, sale, or gift of services or any other	69
thing of value.	70

"Expenditure" does not include a contribution, gift, or grant to a	71
foundation or other charitable organization that is exempt from	72
federal income taxation under subsection 501(c)(3) of the Internal	73
Revenue Code. "Expenditure" does not include the purchase, sale,	74
or gift of services or any other thing of value that is available	75
to the general public on the same terms as it is available to the	76
persons listed in this division, or an offer or sale of securities	77
to any person listed in this division that is governed by	78
regulation D, 17 C.F.R. ~~2301.501~~ 230.501 to ~~2301.508~~ 230.508,	79
adopted under the authority of the "Securities Act of 1933," 48	80
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	81
comparable provision under state law.	82

(E) "Actively advocate" means to promote, advocate, or oppose	83
the passage, modification, defeat, or executive approval or veto	84
of any legislation by direct communication with any member of the	85
general assembly, any member of the controlling board, the	86
governor, the director of any department listed in section 121.02	87
of the Revised Code, or any member of the staff of any public	88
officer or employee listed in this division. "Actively advocate"	89
does not include the action of any person not engaged by an	90
employer who has a direct interest in legislation if the person,	91
acting under Section 3 of Article I, Ohio Constitution, assembles	92
together with other persons to consult for their common good,	93
instructs a public officer or employee who is listed in this	94
division, or petitions that public officer or employee for the	95
redress of grievances.	96

(F) "Legislative agent" means any individual, except a member	97
of the general assembly, a member of the staff of the general	98
assembly, the governor, lieutenant governor, attorney general,	99
secretary of state, treasurer of state, or auditor of state, who	100
is engaged during at least a portion of ~~his~~the individual's time	101
to actively advocate as one of ~~his~~the individual's main purposes.	102
An individual engaged by the Ohio casino control commission, a	103
member of the commission, the executive director of the	104
commission, or an employee or agent of the commission to actively	105
advocate is a "legislative agent" even if the individual does not	106
during at least a portion of the individual's time actively	107
advocate as one of the individual's main purposes.	108

(G) "Employer" means any person who, directly or indirectly,	109
engages a legislative agent.	110

(H) "Engage" means to make any arrangement, and "engagement"	111
means any arrangement, whereby an individual is employed or	112
retained for compensation to act for or on behalf of an employer	113
to actively advocate.	114

(I) "Financial transaction" means a transaction or activity	115
that is conducted or undertaken for profit and arises from the	116
joint ownership or the ownership or part ownership in common of	117
any real or personal property or any commercial or business	118
enterprise of whatever form or nature between the following:	119

(1) A legislative agent, ~~his~~an employer of a legislative	120
agent, or a member of the immediate family of the legislative	121
agent or ~~his~~a legislative agent's employer; and	122

(2) Any member of the general assembly, any member of the	123
controlling board, the governor, the director of a department	124
created under section 121.02 of the Revised Code, or any member of	125
the staff of a public officer or employee listed in division	126
(I)(2) of this section.	127

"Financial transaction" does not include any transaction or	128
activity described in division (I) of this section if it is	129
available to the general public on the same terms, or if it is an	130
offer or sale of securities to any person listed in division	131
(I)(2) of this section that is governed by regulation D, 17 C.F.R.	132
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	133
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	134
following, or that is governed by a comparable provision under	135
state law.	136

(J) "Staff" means any state employee whose official duties	137
are to formulate policy and who exercises administrative or	138
supervisory authority or who authorizes the expenditure of state	139
funds.	140

Sec. 102.02. (A) Except as otherwise provided in division	141
(H) of this section, all of the following shall file with the	142
appropriate ethics commission the disclosure statement described	143
in this division on a form prescribed by the appropriate	144
commission: every person who is elected to or is a candidate for a	145
state, county, or city office and every person who is appointed to	146
fill a vacancy for an unexpired term in such an elective office;	147
all members of the state board of education; the director,	148
assistant directors, deputy directors, division chiefs, or persons	149
of equivalent rank of any administrative department of the state;	150
the president or other chief administrative officer of every state	151
institution of higher education as defined in section 3345.011 of	152
the Revised Code; the executive director and the members of the	153
capitol square review and advisory board appointed or employed	154
pursuant to section 105.41 of the Revised Code; all members of the	155
Ohio casino control commission, the executive director of the	156
commission, all professional employees of the commission, and all	157
technical employees of the commission who perform an internal	158
audit function; the chief executive officer and the members of the	159
board of each state retirement system; each employee of a state	160
retirement board who is a state retirement system investment	161
officer licensed pursuant to section 1707.163 of the Revised Code;	162
the members of the Ohio retirement study council appointed	163
pursuant to division (C) of section 171.01 of the Revised Code;	164
employees of the Ohio retirement study council, other than	165
employees who perform purely administrative or clerical functions;	166
the administrator of workers' compensation and each member of the	167
bureau of workers' compensation board of directors; the bureau of	168
workers' compensation director of investments; the chief	169
investment officer of the bureau of workers' compensation; the	170
director appointed by the workers' compensation council; all	171
members of the board of commissioners on grievances and discipline	172
of the supreme court and the ethics commission created under	173
section 102.05 of the Revised Code; every business manager,	174
treasurer, or superintendent of a city, local, exempted village,	175
joint vocational, or cooperative education school district or an	176
educational service center; every person who is elected to or is a	177
candidate for the office of member of a board of education of a	178
city, local, exempted village, joint vocational, or cooperative	179
education school district or of a governing board of an	180
educational service center that has a total student count of	181
twelve thousand or more as most recently determined by the	182
department of education pursuant to section 3317.03 of the Revised	183
Code; every person who is appointed to the board of education of a	184
municipal school district pursuant to division (B) or (F) of	185
section 3311.71 of the Revised Code; all members of the board of	186
directors of a sanitary district that is established under Chapter	187
6115. of the Revised Code and organized wholly for the purpose of	188
providing a water supply for domestic, municipal, and public use,	189
and that includes two municipal corporations in two counties;	190
every public official or employee who is paid a salary or wage in	191
accordance with schedule C of section 124.15 or schedule E-2 of	192
section 124.152 of the Revised Code; members of the board of	193
trustees and the executive director of the southern Ohio	194
agricultural and community development foundation; all members	195
appointed to the Ohio livestock care standards board under section	196
904.02 of the Revised Code; and every other public official or	197
employee who is designated by the appropriate ethics commission	198
pursuant to division (B) of this section.	199

The disclosure statement shall include all of the following:

200

(1) The name of the person filing the statement and each	201
member of the person's immediate family and all names under which	202
the person or members of the person's immediate family do	203
business;	204

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	205
and except as otherwise provided in section 102.022 of the Revised	206
Code, identification of every source of income, other than income	207
from a legislative agent identified in division (A)(2)(b) of this	208
section, received during the preceding calendar year, in the	209
person's own name or by any other person for the person's use or	210
benefit, by the person filing the statement, and a brief	211
description of the nature of the services for which the income was	212
received. If the person filing the statement is a member of the	213
general assembly, the statement shall identify the amount of every	214
source of income received in accordance with the following ranges	215
of amounts: zero or more, but less than one thousand dollars; one	216
thousand dollars or more, but less than ten thousand dollars; ten	217
thousand dollars or more, but less than twenty-five thousand	218
dollars; twenty-five thousand dollars or more, but less than fifty	219
thousand dollars; fifty thousand dollars or more, but less than	220
one hundred thousand dollars; and one hundred thousand dollars or	221
more. Division (A)(2)(a) of this section shall not be construed to	222
require a person filing the statement who derives income from a	223
business or profession to disclose the individual items of income	224
that constitute the gross income of that business or profession,	225
except for those individual items of income that are attributable	226
to the person's or, if the income is shared with the person, the	227
partner's, solicitation of services or goods or performance,	228
arrangement, or facilitation of services or provision of goods on	229
behalf of the business or profession of clients, including	230
corporate clients, who are legislative agents. A person who files	231
the statement under this section shall disclose the identity of	232
and the amount of income received from a person who the public	233
official or employee knows or has reason to know is doing or	234
seeking to do business of any kind with the public official's or	235
employee's agency.	236

(b) If the person filing the statement is a member of the	237
general assembly, the statement shall identify every source of	238
income and the amount of that income that was received from a	239
legislative agent during the preceding calendar year, in the	240
person's own name or by any other person for the person's use or	241
benefit, by the person filing the statement, and a brief	242
description of the nature of the services for which the income was	243
received. Division (A)(2)(b) of this section requires the	244
disclosure of clients of attorneys or persons licensed under	245
section 4732.12 of the Revised Code, or patients of persons	246
certified under section 4731.14 of the Revised Code, if those	247
clients or patients are legislative agents. Division (A)(2)(b) of	248
this section requires a person filing the statement who derives	249
income from a business or profession to disclose those individual	250
items of income that constitute the gross income of that business	251
or profession that are received from legislative agents.	252

(c) Except as otherwise provided in division (A)(2)(c) of	253
this section, division (A)(2)(a) of this section applies to	254
attorneys, physicians, and other persons who engage in the	255
practice of a profession and who, pursuant to a section of the	256
Revised Code, the common law of this state, a code of ethics	257
applicable to the profession, or otherwise, generally are required	258
not to reveal, disclose, or use confidences of clients, patients,	259
or other recipients of professional services except under	260
specified circumstances or generally are required to maintain	261
those types of confidences as privileged communications except	262
under specified circumstances. Division (A)(2)(a) of this section	263
does not require an attorney, physician, or other professional	264
subject to a confidentiality requirement as described in division	265
(A)(2)(c) of this section to disclose the name, other identity, or	266
address of a client, patient, or other recipient of professional	267
services if the disclosure would threaten the client, patient, or	268
other recipient of professional services, would reveal details of	269
the subject matter for which legal, medical, or professional	270
advice or other services were sought, or would reveal an otherwise	271
privileged communication involving the client, patient, or other	272
recipient of professional services. Division (A)(2)(a) of this	273
section does not require an attorney, physician, or other	274
professional subject to a confidentiality requirement as described	275
in division (A)(2)(c) of this section to disclose in the brief	276
description of the nature of services required by division	277
(A)(2)(a) of this section any information pertaining to specific	278
professional services rendered for a client, patient, or other	279
recipient of professional services that would reveal details of	280
the subject matter for which legal, medical, or professional	281
advice was sought or would reveal an otherwise privileged	282
communication involving the client, patient, or other recipient of	283
professional services.	284

(3) The name of every corporation on file with the secretary	285
of state that is incorporated in this state or holds a certificate	286
of compliance authorizing it to do business in this state, trust,	287
business trust, partnership, or association that transacts	288
business in this state in which the person filing the statement or	289
any other person for the person's use and benefit had during the	290
preceding calendar year an investment of over one thousand dollars	291
at fair market value as of the thirty-first day of December of the	292
preceding calendar year, or the date of disposition, whichever is	293
earlier, or in which the person holds any office or has a	294
fiduciary relationship, and a description of the nature of the	295
investment, office, or relationship. Division (A)(3) of this	296
section does not require disclosure of the name of any bank,	297
savings and loan association, credit union, or building and loan	298
association with which the person filing the statement has a	299
deposit or a withdrawable share account.	300

(4) All fee simple and leasehold interests to which the	301
person filing the statement holds legal title to or a beneficial	302
interest in real property located within the state, excluding the	303
person's residence and property used primarily for personal	304
recreation;	305

(5) The names of all persons residing or transacting business	306
in the state to whom the person filing the statement owes, in the	307
person's own name or in the name of any other person, more than	308
one thousand dollars. Division (A)(5) of this section shall not be	309
construed to require the disclosure of debts owed by the person	310
resulting from the ordinary conduct of a business or profession or	311
debts on the person's residence or real property used primarily	312
for personal recreation, except that the superintendent of	313
financial institutions shall disclose the names of all	314
state-chartered savings and loan associations and of all service	315
corporations subject to regulation under division (E)(2) of	316
section 1151.34 of the Revised Code to whom the superintendent in	317
the superintendent's own name or in the name of any other person	318
owes any money, and that the superintendent and any deputy	319
superintendent of banks shall disclose the names of all	320
state-chartered banks and all bank subsidiary corporations subject	321
to regulation under section 1109.44 of the Revised Code to whom	322
the superintendent or deputy superintendent owes any money.	323

(6) The names of all persons residing or transacting business	324
in the state, other than a depository excluded under division	325
(A)(3) of this section, who owe more than one thousand dollars to	326
the person filing the statement, either in the person's own name	327
or to any person for the person's use or benefit. Division (A)(6)	328
of this section shall not be construed to require the disclosure	329
of clients of attorneys or persons licensed under section 4732.12	330
or 4732.15 of the Revised Code, or patients of persons certified	331
under section 4731.14 of the Revised Code, nor the disclosure of	332
debts owed to the person resulting from the ordinary conduct of a	333
business or profession.	334

(7) Except as otherwise provided in section 102.022 of the	335
Revised Code, the source of each gift of over seventy-five	336
dollars, or of each gift of over twenty-five dollars received by a	337
member of the general assembly from a legislative agent, received	338
by the person in the person's own name or by any other person for	339
the person's use or benefit during the preceding calendar year,	340
except gifts received by will or by virtue of section 2105.06 of	341
the Revised Code, or received from spouses, parents, grandparents,	342
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	343
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	344
fathers-in-law, mothers-in-law, or any person to whom the person	345
filing the statement stands in loco parentis, or received by way	346
of distribution from any inter vivos or testamentary trust	347
established by a spouse or by an ancestor;	348

(8) Except as otherwise provided in section 102.022 of the	349
Revised Code, identification of the source and amount of every	350
payment of expenses incurred for travel to destinations inside or	351
outside this state that is received by the person in the person's	352
own name or by any other person for the person's use or benefit	353
and that is incurred in connection with the person's official	354
duties, except for expenses for travel to meetings or conventions	355
of a national or state organization to which any state agency,	356
including, but not limited to, any legislative agency or state	357
institution of higher education as defined in section 3345.011 of	358
the Revised Code, pays membership dues, or any political	359
subdivision or any office or agency of a political subdivision	360
pays membership dues;	361

(9) Except as otherwise provided in section 102.022 of the	362
Revised Code, identification of the source of payment of expenses	363
for meals and other food and beverages, other than for meals and	364
other food and beverages provided at a meeting at which the person	365
participated in a panel, seminar, or speaking engagement or at a	366
meeting or convention of a national or state organization to which	367
any state agency, including, but not limited to, any legislative	368
agency or state institution of higher education as defined in	369
section 3345.011 of the Revised Code, pays membership dues, or any	370
political subdivision or any office or agency of a political	371
subdivision pays membership dues, that are incurred in connection	372
with the person's official duties and that exceed one hundred	373
dollars aggregated per calendar year;	374

(10) If the disclosure statement is filed by a public	375
official or employee described in division (B)(2) of section	376
101.73 of the Revised Code or division (B)(2) of section 121.63 of	377
the Revised Code who receives a statement from a legislative	378
agent, executive agency lobbyist, or employer that contains the	379
information described in division (F)(2) of section 101.73 of the	380
Revised Code or division (G)(2) of section 121.63 of the Revised	381
Code, all of the nondisputed information contained in the	382
statement delivered to that public official or employee by the	383
legislative agent, executive agency lobbyist, or employer under	384
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	385
the Revised Code.	386

A person may file a statement required by this section in	387
person or by mail. A person who is a candidate for elective office	388
shall file the statement no later than the thirtieth day before	389
the primary, special, or general election at which the candidacy	390
is to be voted on, whichever election occurs soonest, except that	391
a person who is a write-in candidate shall file the statement no	392
later than the twentieth day before the earliest election at which	393
the person's candidacy is to be voted on. A person who holds	394
elective office shall file the statement on or before the	395
fifteenth day of April of each year unless the person is a	396
candidate for office. A person who is appointed to fill a vacancy	397
for an unexpired term in an elective office shall file the	398
statement within fifteen days after the person qualifies for	399
office. Other persons shall file an annual statement on or before	400
the fifteenth day of April or, if appointed or employed after that	401
date, within ninety days after appointment or employment. No	402
person shall be required to file with the appropriate ethics	403
commission more than one statement or pay more than one filing fee	404
for any one calendar year.	405

The appropriate ethics commission, for good cause, may extend	406
for a reasonable time the deadline for filing a statement under	407
this section.	408

A statement filed under this section is subject to public	409
inspection at locations designated by the appropriate ethics	410
commission except as otherwise provided in this section.	411

(B) The Ohio ethics commission, the joint legislative ethics	412
committee, and the board of commissioners on grievances and	413
discipline of the supreme court, using the rule-making procedures	414
of Chapter 119. of the Revised Code, may require any class of	415
public officials or employees under its jurisdiction and not	416
specifically excluded by this section whose positions involve a	417
substantial and material exercise of administrative discretion in	418
the formulation of public policy, expenditure of public funds,	419
enforcement of laws and rules of the state or a county or city, or	420
the execution of other public trusts, to file an annual statement	421
on or before the fifteenth day of April under division (A) of this	422
section. The appropriate ethics commission shall send the public	423
officials or employees written notice of the requirement by the	424
fifteenth day of February of each year the filing is required	425
unless the public official or employee is appointed after that	426
date, in which case the notice shall be sent within thirty days	427
after appointment, and the filing shall be made not later than	428
ninety days after appointment.	429

Except for disclosure statements filed by members of the	430
board of trustees and the executive director of the southern Ohio	431
agricultural and community development foundation, disclosure	432
statements filed under this division with the Ohio ethics	433
commission by members of boards, commissions, or bureaus of the	434
state for which no compensation is received other than reasonable	435
and necessary expenses shall be kept confidential. Disclosure	436
statements filed with the Ohio ethics commission under division	437
(A) of this section by business managers, treasurers, and	438
superintendents of city, local, exempted village, joint	439
vocational, or cooperative education school districts or	440
educational service centers shall be kept confidential, except	441
that any person conducting an audit of any such school district or	442
educational service center pursuant to section 115.56 or Chapter	443
117. of the Revised Code may examine the disclosure statement of	444
any business manager, treasurer, or superintendent of that school	445
district or educational service center. The Ohio ethics commission	446
shall examine each disclosure statement required to be kept	447
confidential to determine whether a potential conflict of interest	448
exists for the person who filed the disclosure statement. A	449
potential conflict of interest exists if the private interests of	450
the person, as indicated by the person's disclosure statement,	451
might interfere with the public interests the person is required	452
to serve in the exercise of the person's authority and duties in	453
the person's office or position of employment. If the commission	454
determines that a potential conflict of interest exists, it shall	455
notify the person who filed the disclosure statement and shall	456
make the portions of the disclosure statement that indicate a	457
potential conflict of interest subject to public inspection in the	458
same manner as is provided for other disclosure statements. Any	459
portion of the disclosure statement that the commission determines	460
does not indicate a potential conflict of interest shall be kept	461
confidential by the commission and shall not be made subject to	462
public inspection, except as is necessary for the enforcement of	463
Chapters 102. and 2921. of the Revised Code and except as	464
otherwise provided in this division.	465

(C) No person shall knowingly fail to file, on or before the	466
applicable filing deadline established under this section, a	467
statement that is required by this section.	468

(D) No person shall knowingly file a false statement that is	469
required to be filed under this section.	470

(E)(1) Except as provided in divisions (E)(2) and (3) of this	471
section, the statement required by division (A) or (B) of this	472
section shall be accompanied by a filing fee of forty dollars.	473

(2) The statement required by division (A) of this section	474
shall be accompanied by the following filing fee to be paid by the	475
person who is elected or appointed to, or is a candidate for, any	476
of the following offices:	477

For state office, except member of the		478
state board of education	$65	479
For office of member of general assembly	$40	480
For county office	$40	481
For city office	$25	482
For office of member of the state board		483
of education	$25	484
For office of member of the Ohio		485
livestock care standards board	$25	486
For office of member of a city, local,		487
exempted village, or cooperative		488
education board of		489
education or educational service		490
center governing board	$20	491
For position of business manager,		492
treasurer, or superintendent of a		493
city, local, exempted village, joint		494
vocational, or cooperative education		495
school district or		496
educational service center	$20	497

(3) No judge of a court of record or candidate for judge of a	498
court of record, and no referee or magistrate serving a court of	499
record, shall be required to pay the fee required under division	500
(E)(1) or (2) or (F) of this section.	501

(4) For any public official who is appointed to a nonelective	502
office of the state and for any employee who holds a nonelective	503
position in a public agency of the state, the state agency that is	504
the primary employer of the state official or employee shall pay	505
the fee required under division (E)(1) or (F) of this section.	506

(F) If a statement required to be filed under this section is	507
not filed by the date on which it is required to be filed, the	508
appropriate ethics commission shall assess the person required to	509
file the statement a late filing fee of ten dollars for each day	510
the statement is not filed, except that the total amount of the	511
late filing fee shall not exceed two hundred fifty dollars.	512

(G)(1) The appropriate ethics commission other than the Ohio	513
ethics commission and the joint legislative ethics committee shall	514
deposit all fees it receives under divisions (E) and (F) of this	515
section into the general revenue fund of the state.	516

(2) The Ohio ethics commission shall deposit all receipts,	517
including, but not limited to, fees it receives under divisions	518
(E) and (F) of this section and all moneys it receives from	519
settlements under division (G) of section 102.06 of the Revised	520
Code, into the Ohio ethics commission fund, which is hereby	521
created in the state treasury. All moneys credited to the fund	522
shall be used solely for expenses related to the operation and	523
statutory functions of the commission.	524

(3) The joint legislative ethics committee shall deposit all	525
receipts it receives from the payment of financial disclosure	526
statement filing fees under divisions (E) and (F) of this section	527
into the joint legislative ethics committee investigative fund.	528

(H) Division (A) of this section does not apply to a person	529
elected or appointed to the office of precinct, ward, or district	530
committee member under Chapter 3517. of the Revised Code; a	531
presidential elector; a delegate to a national convention; village	532
or township officials and employees; any physician or psychiatrist	533
who is paid a salary or wage in accordance with schedule C of	534
section 124.15 or schedule E-2 of section 124.152 of the Revised	535
Code and whose primary duties do not require the exercise of	536
administrative discretion; or any member of a board, commission,	537
or bureau of any county or city who receives less than one	538
thousand dollars per year for serving in that position.	539

(I) A member of the Ohio casino control commission, the	540
executive director of the commission, or an employee of the	541
commission shall not:	542

(1) Accept a gift, gratuity, emolument, or employment from a	543
casino operator, management company, or other person subject to	544
the jurisdiction of the commission, or from an officer, attorney,	545
agent, or employee of a casino operator, management company, or	546
other person subject to the jurisdiction of the commission;	547

(2) Solicit, suggest, request, or recommend, directly or	548
indirectly, to a casino operator, management company, or other	549
person who is subject to the jurisdiction of the commission, or to	550
an officer, attorney, agent, or employee of a casino operator,	551
management company, or other person who is subject to the	552
jurisdiction of the commission, the appointment of a person to an	553
office, place, position, or employment;	554

(3) Participate in casino gaming or any other amusement or	555
activity at a casino facility in this state or at an affiliate	556
gaming facility of a licensed casino operator, wherever located.	557

Whoever violates division (I)(1), (2), or (3) of this section	558
forfeits the individual's office or employment.	559

Sec. 102.03. (A)(1) No present or former public official or	560
employee shall, during public employment or service or for twelve	561
months thereafter, represent a client or act in a representative	562
capacity for any person on any matter in which the public official	563
or employee personally participated as a public official or	564
employee through decision, approval, disapproval, recommendation,	565
the rendering of advice, investigation, or other substantial	566
exercise of administrative discretion.	567

(2) For twenty-four months after the conclusion of service,	568
no former commissioner or attorney examiner of the public	569
utilities commission shall represent a public utility, as defined	570
in section 4905.02 of the Revised Code, or act in a representative	571
capacity on behalf of such a utility before any state board,	572
commission, or agency.	573

(3) For twenty-four months after the conclusion of employment	574
or service, no former public official or employee who personally	575
participated as a public official or employee through decision,	576
approval, disapproval, recommendation, the rendering of advice,	577
the development or adoption of solid waste management plans,	578
investigation, inspection, or other substantial exercise of	579
administrative discretion under Chapter 343. or 3734. of the	580
Revised Code shall represent a person who is the owner or operator	581
of a facility, as defined in section 3734.01 of the Revised Code,	582
or who is an applicant for a permit or license for a facility	583
under that chapter, on any matter in which the public official or	584
employee personally participated as a public official or employee.	585

(4) For a period of one year after the conclusion of	586
employment or service as a member or employee of the general	587
assembly, no former member or employee of the general assembly	588
shall represent, or act in a representative capacity for, any	589
person on any matter before the general assembly, any committee of	590
the general assembly, or the controlling board. Division (A)(4) of	591
this section does not apply to or affect a person who separates	592
from service with the general assembly on or before December 31,	593
1995. As used in division (A)(4) of this section "person" does not	594
include any state agency or political subdivision of the state.	595

(5) As used in divisions (A)(1), (2), and (3) of this	596
section, "matter" includes any case, proceeding, application,	597
determination, issue, or question, but does not include the	598
proposal, consideration, or enactment of statutes, rules,	599
ordinances, resolutions, or charter or constitutional amendments.	600
As used in division (A)(4) of this section, "matter" includes the	601
proposal, consideration, or enactment of statutes, resolutions, or	602
constitutional amendments. As used in division (A) of this	603
section, "represent" includes any formal or informal appearance	604
before, or any written or oral communication with, any public	605
agency on behalf of any person.	606

(6) Nothing contained in division (A) of this section shall	607
prohibit, during such period, a former public official or employee	608
from being retained or employed to represent, assist, or act in a	609
representative capacity for the public agency by which the public	610
official or employee was employed or on which the public official	611
or employee served.	612

(7) Division (A) of this section shall not be construed to	613
prohibit the performance of ministerial functions, including, but	614
not limited to, the filing or amendment of tax returns,	615
applications for permits and licenses, incorporation papers, and	616
other similar documents.	617

(8) No present or former Ohio casino control commission	618
official shall, during public service or for twelve months	619
thereafter, represent a client, be employed or hired by a person	620
regulated by the commission, or act in a representative capacity	621
for any person on any matter before or concerning the commission.	622

No present or former commission employee shall, during public	623
employment or for twelve months thereafter, represent a client or	624
act in a representative capacity on any matter in which the	625
employee personally participated as a commission employee through	626
decision, approval, disapproval, recommendation, the rendering of	627
advice, investigation, or other substantial exercise of	628
administrative discretion.	629

(B) No present or former public official or employee shall	630
disclose or use, without appropriate authorization, any	631
information acquired by the public official or employee in the	632
course of the public official's or employee's official duties that	633
is confidential because of statutory provisions, or that has been	634
clearly designated to the public official or employee as	635
confidential when that confidential designation is warranted	636
because of the status of the proceedings or the circumstances	637
under which the information was received and preserving its	638
confidentiality is necessary to the proper conduct of government	639
business.	640

(C) No public official or employee shall participate within	641
the scope of duties as a public official or employee, except	642
through ministerial functions as defined in division (A) of this	643
section, in any license or rate-making proceeding that directly	644
affects the license or rates of any person, partnership, trust,	645
business trust, corporation, or association in which the public	646
official or employee or immediate family owns or controls more	647
than five per cent. No public official or employee shall	648
participate within the scope of duties as a public official or	649
employee, except through ministerial functions as defined in	650
division (A) of this section, in any license or rate-making	651
proceeding that directly affects the license or rates of any	652
person to whom the public official or employee or immediate	653
family, or a partnership, trust, business trust, corporation, or	654
association of which the public official or employee or the public	655
official's or employee's immediate family owns or controls more	656
than five per cent, has sold goods or services totaling more than	657
one thousand dollars during the preceding year, unless the public	658
official or employee has filed a written statement acknowledging	659
that sale with the clerk or secretary of the public agency and the	660
statement is entered in any public record of the agency's	661
proceedings. This division shall not be construed to require the	662
disclosure of clients of attorneys or persons licensed under	663
section 4732.12 or 4732.15 of the Revised Code, or patients of	664
persons certified under section 4731.14 of the Revised Code.	665

(D) No public official or employee shall use or authorize the	666
use of the authority or influence of office or employment to	667
secure anything of value or the promise or offer of anything of	668
value that is of such a character as to manifest a substantial and	669
improper influence upon the public official or employee with	670
respect to that person's duties.	671

(E) No public official or employee shall solicit or accept	672
anything of value that is of such a character as to manifest a	673
substantial and improper influence upon the public official or	674
employee with respect to that person's duties.	675

(F) No person shall promise or give to a public official or	676
employee anything of value that is of such a character as to	677
manifest a substantial and improper influence upon the public	678
official or employee with respect to that person's duties.	679

(G) In the absence of bribery or another offense under the	680
Revised Code or a purpose to defraud, contributions made to a	681
campaign committee, political party, legislative campaign fund,	682
political action committee, or political contributing entity on	683
behalf of an elected public officer or other public official or	684
employee who seeks elective office shall be considered to accrue	685
ordinarily to the public official or employee for the purposes of	686
divisions (D), (E), and (F) of this section.	687

As used in this division, "contributions," "campaign	688
committee," "political party," "legislative campaign fund,"	689
"political action committee," and "political contributing entity"	690
have the same meanings as in section 3517.01 of the Revised Code.	691

(H)(1) No public official or employee, except for the	692
president or other chief administrative officer of or a member of	693
a board of trustees of a state institution of higher education as	694
defined in section 3345.011 of the Revised Code, who is required	695
to file a financial disclosure statement under section 102.02 of	696
the Revised Code shall solicit or accept, and no person shall give	697
to that public official or employee, an honorarium. Except as	698
provided in division (H)(2) of this section, this division and	699
divisions (D), (E), and (F) of this section do not prohibit a	700
public official or employee who is required to file a financial	701
disclosure statement under section 102.02 of the Revised Code from	702
accepting and do not prohibit a person from giving to that public	703
official or employee the payment of actual travel expenses,	704
including any expenses incurred in connection with the travel for	705
lodging, and meals, food, and beverages provided to the public	706
official or employee at a meeting at which the public official or	707
employee participates in a panel, seminar, or speaking engagement	708
or provided to the public official or employee at a meeting or	709
convention of a national organization to which any state agency,	710
including, but not limited to, any state legislative agency or	711
state institution of higher education as defined in section	712
3345.011 of the Revised Code, pays membership dues. Except as	713
provided in division (H)(2) of this section, this division and	714
divisions (D), (E), and (F) of this section do not prohibit a	715
public official or employee who is not required to file a	716
financial disclosure statement under section 102.02 of the Revised	717
Code from accepting and do not prohibit a person from promising or	718
giving to that public official or employee an honorarium or the	719
payment of travel, meal, and lodging expenses if the honorarium,	720
expenses, or both were paid in recognition of demonstrable	721
business, professional, or esthetic interests of the public	722
official or employee that exist apart from public office or	723
employment, including, but not limited to, such a demonstrable	724
interest in public speaking and were not paid by any person or	725
other entity, or by any representative or association of those	726
persons or entities, that is regulated by, doing business with, or	727
seeking to do business with the department, division, institution,	728
board, commission, authority, bureau, or other instrumentality of	729
the governmental entity with which the public official or employee	730
serves.	731

(2) No person who is a member of the board of a state	732
retirement system, a state retirement system investment officer,	733
or an employee of a state retirement system whose position	734
involves substantial and material exercise of discretion in the	735
investment of retirement system funds shall solicit or accept, and	736
no person shall give to that board member, officer, or employee,	737
payment of actual travel expenses, including expenses incurred	738
with the travel for lodging, meals, food, and beverages.	739

(I) A public official or employee may accept travel, meals,	740
and lodging or expenses or reimbursement of expenses for travel,	741
meals, and lodging in connection with conferences, seminars, and	742
similar events related to official duties if the travel, meals,	743
and lodging, expenses, or reimbursement is not of such a character	744
as to manifest a substantial and improper influence upon the	745
public official or employee with respect to that person's duties.	746
The house of representatives and senate, in their code of ethics,	747
and the Ohio ethics commission, under section 111.15 of the	748
Revised Code, may adopt rules setting standards and conditions for	749
the furnishing and acceptance of such travel, meals, and lodging,	750
expenses, or reimbursement.	751

A person who acts in compliance with this division and any	752
applicable rules adopted under it, or any applicable, similar	753
rules adopted by the supreme court governing judicial officers and	754
employees, does not violate division (D), (E), or (F) of this	755
section. This division does not preclude any person from seeking	756
an advisory opinion from the appropriate ethics commission under	757
section 102.08 of the Revised Code.	758

(J) For purposes of divisions (D), (E), and (F) of this	759
section, the membership of a public official or employee in an	760
organization shall not be considered, in and of itself, to be of	761
such a character as to manifest a substantial and improper	762
influence on the public official or employee with respect to that	763
person's duties. As used in this division, "organization" means a	764
church or a religious, benevolent, fraternal, or professional	765
organization that is tax exempt under subsection 501(a) and	766
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	767
"Internal Revenue Code of 1986." This division does not apply to a	768
public official or employee who is an employee of an organization,	769
serves as a trustee, director, or officer of an organization, or	770
otherwise holds a fiduciary relationship with an organization.	771
This division does not allow a public official or employee who is	772
a member of an organization to participate, formally or	773
informally, in deliberations, discussions, or voting on a matter	774
or to use his official position with regard to the interests of	775
the organization on the matter if the public official or employee	776
has assumed a particular responsibility in the organization with	777
respect to the matter or if the matter would affect that person's	778
personal, pecuniary interests.	779

(K) It is not a violation of this section for a prosecuting	780
attorney to appoint assistants and employees in accordance with	781
division (B) of section 309.06 and section 2921.421 of the Revised	782
Code, for a chief legal officer of a municipal corporation or an	783
official designated as prosecutor in a municipal corporation to	784
appoint assistants and employees in accordance with sections	785
733.621 and 2921.421 of the Revised Code, for a township law	786
director appointed under section 504.15 of the Revised Code to	787
appoint assistants and employees in accordance with sections	788
504.151 and 2921.421 of the Revised Code, or for a coroner to	789
appoint assistants and employees in accordance with division (B)	790
of section 313.05 of the Revised Code.	791

As used in this division, "chief legal officer" has the same	792
meaning as in section 733.621 of the Revised Code.	793

(L) No present public official or employee with a casino	794
gaming regulatory function shall indirectly invest, by way of an	795
entity the public official or employee has an ownership interest	796
or control in, or directly invest in a casino operator, management	797
company, holding company, casino facility, or gaming-related	798
vendor. No present public official or employee with a casino	799
gaming regulatory function shall directly or indirectly have a	800
financial interest in, have an ownership interest in, be the	801
creditor or hold a debt instrument issued by, or have an interest	802
in a contractual or service relationship with a casino operator,	803
management company, holding company, casino facility, or	804
gaming-related vendor. This section does not prohibit or limit	805
permitted passive investing by the public official or employee.	806

As used in this division, "passive investing" means	807
investment by the public official or employee by means of a mutual	808
fund or blind trust in which the public official or employee has	809
no control of the investments or investment decisions. "Casino	810
operator," "holding company," "management company," "casino	811
facility," and "gaming-related vendor" have the same meanings as	812
in section 3772.01 of the Revised Code.	813

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	814
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	815
a completed form prescribed pursuant to division (C)(1) of this	816
section, and a set of fingerprint impressions obtained in the	817
manner described in division (C)(2) of this section, the	818
superintendent of the bureau of criminal identification and	819
investigation shall conduct a criminal records check in the manner	820
described in division (B) of this section to determine whether any	821
information exists that indicates that the person who is the	822
subject of the request previously has been convicted of or pleaded	823
guilty to any of the following:	824

(a) A violation of section 2903.01, 2903.02, 2903.03,	825
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	826
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	827
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	828
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	829
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	830
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	831
2925.06, or 3716.11 of the Revised Code, felonious sexual	832
penetration in violation of former section 2907.12 of the Revised	833
Code, a violation of section 2905.04 of the Revised Code as it	834
existed prior to July 1, 1996, a violation of section 2919.23 of	835
the Revised Code that would have been a violation of section	836
2905.04 of the Revised Code as it existed prior to July 1, 1996,	837
had the violation been committed prior to that date, or a	838
violation of section 2925.11 of the Revised Code that is not a	839
minor drug possession offense;	840

(b) A violation of an existing or former law of this state,	841
any other state, or the United States that is substantially	842
equivalent to any of the offenses listed in division (A)(1)(a) of	843
this section.	844

(2) On receipt of a request pursuant to section 5123.081 of	845
the Revised Code with respect to an applicant for employment in	846
any position with the department of developmental disabilities,	847
pursuant to section 5126.28 of the Revised Code with respect to an	848
applicant for employment in any position with a county board of	849
developmental disabilities, or pursuant to section 5126.281 of the	850
Revised Code with respect to an applicant for employment in a	851
direct services position with an entity contracting with a county	852
board for employment, a completed form prescribed pursuant to	853
division (C)(1) of this section, and a set of fingerprint	854
impressions obtained in the manner described in division (C)(2) of	855
this section, the superintendent of the bureau of criminal	856
identification and investigation shall conduct a criminal records	857
check. The superintendent shall conduct the criminal records check	858
in the manner described in division (B) of this section to	859
determine whether any information exists that indicates that the	860
person who is the subject of the request has been convicted of or	861
pleaded guilty to any of the following:	862

(a) A violation of section 2903.01, 2903.02, 2903.03,	863
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	864
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	865
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	866
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	867
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	868
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	869
2925.03, or 3716.11 of the Revised Code;	870

(b) An existing or former municipal ordinance or law of this	871
state, any other state, or the United States that is substantially	872
equivalent to any of the offenses listed in division (A)(2)(a) of	873
this section.	874

(3) On receipt of a request pursuant to section 173.27,	875
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	876
completed form prescribed pursuant to division (C)(1) of this	877
section, and a set of fingerprint impressions obtained in the	878
manner described in division (C)(2) of this section, the	879
superintendent of the bureau of criminal identification and	880
investigation shall conduct a criminal records check with respect	881
to any person who has applied for employment in a position for	882
which a criminal records check is required by those sections. The	883
superintendent shall conduct the criminal records check in the	884
manner described in division (B) of this section to determine	885
whether any information exists that indicates that the person who	886
is the subject of the request previously has been convicted of or	887
pleaded guilty to any of the following:	888

(a) A violation of section 2903.01, 2903.02, 2903.03,	889
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	890
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	891
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	892
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	893
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	894
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	895
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	896
2925.22, 2925.23, or 3716.11 of the Revised Code;	897

(b) An existing or former law of this state, any other state,	898
or the United States that is substantially equivalent to any of	899
the offenses listed in division (A)(3)(a) of this section.	900

(4) On receipt of a request pursuant to section 3701.881 of	901
the Revised Code with respect to an applicant for employment with	902
a home health agency as a person responsible for the care,	903
custody, or control of a child, a completed form prescribed	904
pursuant to division (C)(1) of this section, and a set of	905
fingerprint impressions obtained in the manner described in	906
division (C)(2) of this section, the superintendent of the bureau	907
of criminal identification and investigation shall conduct a	908
criminal records check. The superintendent shall conduct the	909
criminal records check in the manner described in division (B) of	910
this section to determine whether any information exists that	911
indicates that the person who is the subject of the request	912
previously has been convicted of or pleaded guilty to any of the	913
following:	914

(a) A violation of section 2903.01, 2903.02, 2903.03,	915
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	916
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	917
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	918
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	919
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	920
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	921
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	922
violation of section 2925.11 of the Revised Code that is not a	923
minor drug possession offense;	924

(b) An existing or former law of this state, any other state,	925
or the United States that is substantially equivalent to any of	926
the offenses listed in division (A)(4)(a) of this section.	927

(5) On receipt of a request pursuant to section 5111.032,	928
5111.033, or 5111.034 of the Revised Code, a completed form	929
prescribed pursuant to division (C)(1) of this section, and a set	930
of fingerprint impressions obtained in the manner described in	931
division (C)(2) of this section, the superintendent of the bureau	932
of criminal identification and investigation shall conduct a	933
criminal records check. The superintendent shall conduct the	934
criminal records check in the manner described in division (B) of	935
this section to determine whether any information exists that	936
indicates that the person who is the subject of the request	937
previously has been convicted of, has pleaded guilty to, or has	938
been found eligible for intervention in lieu of conviction for any	939
of the following, regardless of the date of the conviction, the	940
date of entry of the guilty plea, or the date the person was found	941
eligible for intervention in lieu of conviction:	942

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	943
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	944
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	945
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	946
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	947
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	948
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	949
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	950
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	951
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	952
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	953
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	954
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	955
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	956
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	957
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	958
penetration in violation of former section 2907.12 of the Revised	959
Code, a violation of section 2905.04 of the Revised Code as it	960
existed prior to July 1, 1996, a violation of section 2919.23 of	961
the Revised Code that would have been a violation of section	962
2905.04 of the Revised Code as it existed prior to July 1, 1996,	963
had the violation been committed prior to that date;	964

(b) A violation of an existing or former municipal ordinance	965
or law of this state, any other state, or the United States that	966
is substantially equivalent to any of the offenses listed in	967
division (A)(5)(a) of this section.	968

(6) On receipt of a request pursuant to section 3701.881 of	969
the Revised Code with respect to an applicant for employment with	970
a home health agency in a position that involves providing direct	971
care to an older adult, a completed form prescribed pursuant to	972
division (C)(1) of this section, and a set of fingerprint	973
impressions obtained in the manner described in division (C)(2) of	974
this section, the superintendent of the bureau of criminal	975
identification and investigation shall conduct a criminal records	976
check. The superintendent shall conduct the criminal records check	977
in the manner described in division (B) of this section to	978
determine whether any information exists that indicates that the	979
person who is the subject of the request previously has been	980
convicted of or pleaded guilty to any of the following:	981

(a) A violation of section 2903.01, 2903.02, 2903.03,	982
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	983
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	984
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	985
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	986
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	987
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	988
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	989
2925.22, 2925.23, or 3716.11 of the Revised Code;	990

(b) An existing or former law of this state, any other state,	991
or the United States that is substantially equivalent to any of	992
the offenses listed in division (A)(6)(a) of this section.	993

(7) When conducting a criminal records check upon a request	994
pursuant to section 3319.39 of the Revised Code for an applicant	995
who is a teacher, in addition to the determination made under	996
division (A)(1) of this section, the superintendent shall	997
determine whether any information exists that indicates that the	998
person who is the subject of the request previously has been	999
convicted of or pleaded guilty to any offense specified in section	1000
3319.31 of the Revised Code.	1001

(8) On receipt of a request pursuant to section 2151.86 of	1002
the Revised Code, a completed form prescribed pursuant to division	1003
(C)(1) of this section, and a set of fingerprint impressions	1004
obtained in the manner described in division (C)(2) of this	1005
section, the superintendent of the bureau of criminal	1006
identification and investigation shall conduct a criminal records	1007
check in the manner described in division (B) of this section to	1008
determine whether any information exists that indicates that the	1009
person who is the subject of the request previously has been	1010
convicted of or pleaded guilty to any of the following:	1011

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1012
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1013
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1014
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1015
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1016
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1017
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1018
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1019
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1020
of the Revised Code, a violation of section 2905.04 of the Revised	1021
Code as it existed prior to July 1, 1996, a violation of section	1022
2919.23 of the Revised Code that would have been a violation of	1023
section 2905.04 of the Revised Code as it existed prior to July 1,	1024
1996, had the violation been committed prior to that date, a	1025
violation of section 2925.11 of the Revised Code that is not a	1026
minor drug possession offense, two or more OVI or OVUAC violations	1027
committed within the three years immediately preceding the	1028
submission of the application or petition that is the basis of the	1029
request, or felonious sexual penetration in violation of former	1030
section 2907.12 of the Revised Code;	1031

(b) A violation of an existing or former law of this state,	1032
any other state, or the United States that is substantially	1033
equivalent to any of the offenses listed in division (A)(8)(a) of	1034
this section.	1035

(9) Upon receipt of a request pursuant to section 5104.012 or	1036
5104.013 of the Revised Code, a completed form prescribed pursuant	1037
to division (C)(1) of this section, and a set of fingerprint	1038
impressions obtained in the manner described in division (C)(2) of	1039
this section, the superintendent of the bureau of criminal	1040
identification and investigation shall conduct a criminal records	1041
check in the manner described in division (B) of this section to	1042
determine whether any information exists that indicates that the	1043
person who is the subject of the request has been convicted of or	1044
pleaded guilty to any of the following:	1045

(a) A violation of section 2903.01, 2903.02, 2903.03,	1046
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1047
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1048
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1049
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1050
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1051
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1052
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1053
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1054
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1055
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1056
3716.11 of the Revised Code, felonious sexual penetration in	1057
violation of former section 2907.12 of the Revised Code, a	1058
violation of section 2905.04 of the Revised Code as it existed	1059
prior to July 1, 1996, a violation of section 2919.23 of the	1060
Revised Code that would have been a violation of section 2905.04	1061
of the Revised Code as it existed prior to July 1, 1996, had the	1062
violation been committed prior to that date, a violation of	1063
section 2925.11 of the Revised Code that is not a minor drug	1064
possession offense, a violation of section 2923.02 or 2923.03 of	1065
the Revised Code that relates to a crime specified in this	1066
division, or a second violation of section 4511.19 of the Revised	1067
Code within five years of the date of application for licensure or	1068
certification.	1069

(b) A violation of an existing or former law of this state,	1070
any other state, or the United States that is substantially	1071
equivalent to any of the offenses or violations described in	1072
division (A)(9)(a) of this section.	1073

(10) Upon receipt of a request pursuant to section 5153.111	1074
of the Revised Code, a completed form prescribed pursuant to	1075
division (C)(1) of this section, and a set of fingerprint	1076
impressions obtained in the manner described in division (C)(2) of	1077
this section, the superintendent of the bureau of criminal	1078
identification and investigation shall conduct a criminal records	1079
check in the manner described in division (B) of this section to	1080
determine whether any information exists that indicates that the	1081
person who is the subject of the request previously has been	1082
convicted of or pleaded guilty to any of the following:	1083

(a) A violation of section 2903.01, 2903.02, 2903.03,	1084
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1085
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1086
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1087
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1088
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1089
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1090
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1091
felonious sexual penetration in violation of former section	1092
2907.12 of the Revised Code, a violation of section 2905.04 of the	1093
Revised Code as it existed prior to July 1, 1996, a violation of	1094
section 2919.23 of the Revised Code that would have been a	1095
violation of section 2905.04 of the Revised Code as it existed	1096
prior to July 1, 1996, had the violation been committed prior to	1097
that date, or a violation of section 2925.11 of the Revised Code	1098
that is not a minor drug possession offense;	1099

(b) A violation of an existing or former law of this state,	1100
any other state, or the United States that is substantially	1101
equivalent to any of the offenses listed in division (A)(10)(a) of	1102
this section.	1103

(11) On receipt of a request for a criminal records check	1104
from an individual pursuant to section 4749.03 or 4749.06 of the	1105
Revised Code, accompanied by a completed copy of the form	1106
prescribed in division (C)(1) of this section and a set of	1107
fingerprint impressions obtained in a manner described in division	1108
(C)(2) of this section, the superintendent of the bureau of	1109
criminal identification and investigation shall conduct a criminal	1110
records check in the manner described in division (B) of this	1111
section to determine whether any information exists indicating	1112
that the person who is the subject of the request has been	1113
convicted of or pleaded guilty to a felony in this state or in any	1114
other state. If the individual indicates that a firearm will be	1115
carried in the course of business, the superintendent shall	1116
require information from the federal bureau of investigation as	1117
described in division (B)(2) of this section. The superintendent	1118
shall report the findings of the criminal records check and any	1119
information the federal bureau of investigation provides to the	1120
director of public safety.	1121

(12) On receipt of a request pursuant to section 1321.37,	1122
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1123
Code, a completed form prescribed pursuant to division (C)(1) of	1124
this section, and a set of fingerprint impressions obtained in the	1125
manner described in division (C)(2) of this section, the	1126
superintendent of the bureau of criminal identification and	1127
investigation shall conduct a criminal records check with respect	1128
to any person who has applied for a license, permit, or	1129
certification from the department of commerce or a division in the	1130
department. The superintendent shall conduct the criminal records	1131
check in the manner described in division (B) of this section to	1132
determine whether any information exists that indicates that the	1133
person who is the subject of the request previously has been	1134
convicted of or pleaded guilty to any of the following: a	1135
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	1136
2925.03 of the Revised Code; any other criminal offense involving	1137
theft, receiving stolen property, embezzlement, forgery, fraud,	1138
passing bad checks, money laundering, or drug trafficking, or any	1139
criminal offense involving money or securities, as set forth in	1140
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	1141
the Revised Code; or any existing or former law of this state, any	1142
other state, or the United States that is substantially equivalent	1143
to those offenses.	1144

(13) On receipt of a request for a criminal records check	1145
from the treasurer of state under section 113.041 of the Revised	1146
Code or from an individual under section 4701.08, 4715.101,	1147
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1148
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1149
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1150
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1151
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	1152
a completed form prescribed under division (C)(1) of this section	1153
and a set of fingerprint impressions obtained in the manner	1154
described in division (C)(2) of this section, the superintendent	1155
of the bureau of criminal identification and investigation shall	1156
conduct a criminal records check in the manner described in	1157
division (B) of this section to determine whether any information	1158
exists that indicates that the person who is the subject of the	1159
request has been convicted of or pleaded guilty to any criminal	1160
offense in this state or any other state. The superintendent shall	1161
send the results of a check requested under section 113.041 of the	1162
Revised Code to the treasurer of state and shall send the results	1163
of a check requested under any of the other listed sections to the	1164
licensing board specified by the individual in the request.	1165

(14) On receipt of a request pursuant to section 1121.23,	1166
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1167
Code, a completed form prescribed pursuant to division (C)(1) of	1168
this section, and a set of fingerprint impressions obtained in the	1169
manner described in division (C)(2) of this section, the	1170
superintendent of the bureau of criminal identification and	1171
investigation shall conduct a criminal records check in the manner	1172
described in division (B) of this section to determine whether any	1173
information exists that indicates that the person who is the	1174
subject of the request previously has been convicted of or pleaded	1175
guilty to any criminal offense under any existing or former law of	1176
this state, any other state, or the United States.	1177

(15) On receipt of a request for a criminal records check	1178
from an appointing or licensing authority under section 3772.07 of	1179
the Revised Code, a completed form prescribed under division	1180
(C)(1) of this section, and a set of fingerprint impressions	1181
obtained in the manner prescribed in division (C)(2) of this	1182
section, the superintendent of the bureau of criminal	1183
identification and investigation shall conduct a criminal records	1184
check in the manner described in division (B) of this section to	1185
determine whether any information exists that indicates that the	1186
person who is the subject of the request previously has been	1187
convicted of or pleaded guilty or no contest to any offense under	1188
any existing or former law of this state, any other state, or the	1189
United States that is a disqualifying offense as defined in	1190
section 3772.07 of the Revised Code or substantially equivalent to	1191
such an offense.	1192

(16) Not later than thirty days after the date the	1193
superintendent receives a request of a type described in division	1194
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	1195
or (14), or (15) of this section, the completed form, and the	1196
fingerprint impressions, the superintendent shall send the person,	1197
board, or entity that made the request any information, other than	1198
information the dissemination of which is prohibited by federal	1199
law, the superintendent determines exists with respect to the	1200
person who is the subject of the request that indicates that the	1201
person previously has been convicted of or pleaded guilty to any	1202
offense listed or described in division (A)(1), (2), (3), (4),	1203
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of	1204
this section, as appropriate. The superintendent shall send the	1205
person, board, or entity that made the request a copy of the list	1206
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	1207
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,	1208
as appropriate. If the request was made under section 3701.881 of	1209
the Revised Code with regard to an applicant who may be both	1210
responsible for the care, custody, or control of a child and	1211
involved in providing direct care to an older adult, the	1212
superintendent shall provide a list of the offenses specified in	1213
divisions (A)(4) and (6) of this section.	1214

Not later than thirty days after the superintendent receives	1215
a request for a criminal records check pursuant to section 113.041	1216
of the Revised Code, the completed form, and the fingerprint	1217
impressions, the superintendent shall send the treasurer of state	1218
any information, other than information the dissemination of which	1219
is prohibited by federal law, the superintendent determines exist	1220
with respect to the person who is the subject of the request that	1221
indicates that the person previously has been convicted of or	1222
pleaded guilty to any criminal offense in this state or any other	1223
state.	1224

(B) The superintendent shall conduct any criminal records	1225
check requested under section 113.041, 121.08, 173.27, 173.394,	1226
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	1227
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	1228
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,	1229
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1230
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1231
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1232
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1233
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1234
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1235
5126.281, or 5153.111 of the Revised Code as follows:	1236

(1) The superintendent shall review or cause to be reviewed	1237
any relevant information gathered and compiled by the bureau under	1238
division (A) of section 109.57 of the Revised Code that relates to	1239
the person who is the subject of the request, including, if the	1240
criminal records check was requested under section 113.041,	1241
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1242
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1243
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1244
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1245
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1246
5153.111 of the Revised Code, any relevant information contained	1247
in records that have been sealed under section 2953.32 of the	1248
Revised Code;	1249

(2) If the request received by the superintendent asks for	1250
information from the federal bureau of investigation, the	1251
superintendent shall request from the federal bureau of	1252
investigation any information it has with respect to the person	1253
who is the subject of the request, including fingerprint-based	1254
checks of national crime information databases as described in 42	1255
U.S.C. 671 if the request is made pursuant to section 2151.86,	1256
5104.012, or 5104.013 of the Revised Code or if any other Revised	1257
Code section requires fingerprint-based checks of that nature, and	1258
shall review or cause to be reviewed any information the	1259
superintendent receives from that bureau. If a request under	1260
section 3319.39 of the Revised Code asks only for information from	1261
the federal bureau of investigation, the superintendent shall not	1262
conduct the review prescribed by division (B)(1) of this section.	1263

(3) The superintendent or the superintendent's designee may	1264
request criminal history records from other states or the federal	1265
government pursuant to the national crime prevention and privacy	1266
compact set forth in section 109.571 of the Revised Code.	1267

(C)(1) The superintendent shall prescribe a form to obtain	1268
the information necessary to conduct a criminal records check from	1269
any person for whom a criminal records check is requested under	1270
section 113.041 of the Revised Code or required by section 121.08,	1271
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	1272
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1273
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,	1274
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1275
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1276
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1277
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1278
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1279
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1280
5126.281, or 5153.111 of the Revised Code. The form that the	1281
superintendent prescribes pursuant to this division may be in a	1282
tangible format, in an electronic format, or in both tangible and	1283
electronic formats.	1284

(2) The superintendent shall prescribe standard impression	1285
sheets to obtain the fingerprint impressions of any person for	1286
whom a criminal records check is requested under section 113.041	1287
of the Revised Code or required by section 121.08, 173.27,	1288
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	1289
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1290
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,	1291
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1292
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1293
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1294
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1295
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1296
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1297
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1298
records check is requested under or required by any of those	1299
sections shall obtain the fingerprint impressions at a county	1300
sheriff's office, municipal police department, or any other entity	1301
with the ability to make fingerprint impressions on the standard	1302
impression sheets prescribed by the superintendent. The office,	1303
department, or entity may charge the person a reasonable fee for	1304
making the impressions. The standard impression sheets the	1305
superintendent prescribes pursuant to this division may be in a	1306
tangible format, in an electronic format, or in both tangible and	1307
electronic formats.	1308

(3) Subject to division (D) of this section, the	1309
superintendent shall prescribe and charge a reasonable fee for	1310
providing a criminal records check requested under section	1311
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1312
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1313
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1314
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	1315
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	1316
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	1317
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1318
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	1319
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1320
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1321
person making a criminal records request under any of those	1322
sections shall pay the fee prescribed pursuant to this division. A	1323
person making a request under section 3701.881 of the Revised Code	1324
for a criminal records check for an applicant who may be both	1325
responsible for the care, custody, or control of a child and	1326
involved in providing direct care to an older adult shall pay one	1327
fee for the request. In the case of a request under section	1328
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	1329
of the Revised Code, the fee shall be paid in the manner specified	1330
in that section.	1331

(4) The superintendent of the bureau of criminal	1332
identification and investigation may prescribe methods of	1333
forwarding fingerprint impressions and information necessary to	1334
conduct a criminal records check, which methods shall include, but	1335
not be limited to, an electronic method.	1336

(D) A determination whether any information exists that	1337
indicates that a person previously has been convicted of or	1338
pleaded guilty to any offense listed or described in division	1339
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1340
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1341
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or	1342
(A)(15) of this section, or that indicates that a person	1343
previously has been convicted of or pleaded guilty to any criminal	1344
offense in this state or any other state regarding a criminal	1345
records check of a type described in division (A)(13) of this	1346
section, and that is made by the superintendent with respect to	1347
information considered in a criminal records check in accordance	1348
with this section is valid for the person who is the subject of	1349
the criminal records check for a period of one year from the date	1350
upon which the superintendent makes the determination. During the	1351
period in which the determination in regard to a person is valid,	1352
if another request under this section is made for a criminal	1353
records check for that person, the superintendent shall provide	1354
the information that is the basis for the superintendent's initial	1355
determination at a lower fee than the fee prescribed for the	1356
initial criminal records check.	1357

(E) As used in this section:

1358

(1) "Criminal records check" means any criminal records check	1359
conducted by the superintendent of the bureau of criminal	1360
identification and investigation in accordance with division (B)	1361
of this section.	1362

(2) "Minor drug possession offense" has the same meaning as	1363
in section 2925.01 of the Revised Code.	1364

(3) "Older adult" means a person age sixty or older.

1365

(4) "OVI or OVUAC violation" means a violation of section	1366
4511.19 of the Revised Code or a violation of an existing or	1367
former law of this state, any other state, or the United States	1368
that is substantially equivalent to section 4511.19 of the Revised	1369
Code.	1370

Sec. 109.71. There is hereby created in the office of the	1371
attorney general the Ohio peace officer training commission. The	1372
commission shall consist of nine members appointed by the governor	1373
with the advice and consent of the senate and selected as follows:	1374
one member representing the public; two members who are incumbent	1375
sheriffs; two members who are incumbent chiefs of police; one	1376
member from the bureau of criminal identification and	1377
investigation; one member from the state highway patrol; one	1378
member who is the special agent in charge of a field office of the	1379
federal bureau of investigation in this state; and one member from	1380
the department of education, trade and industrial education	1381
services, law enforcement training.	1382

This section does not confer any arrest authority or any	1383
ability or authority to detain a person, write or issue any	1384
citation, or provide any disposition alternative, as granted under	1385
Chapter 2935. of the Revised Code.	1386

As used in sections 109.71 to 109.801 of the Revised Code:

1387

(A) "Peace officer" means:

1388

(1) A deputy sheriff, marshal, deputy marshal, member of the	1389
organized police department of a township or municipal	1390
corporation, member of a township police district or joint	1391
township police district police force, member of a police force	1392
employed by a metropolitan housing authority under division (D) of	1393
section 3735.31 of the Revised Code, or township constable, who is	1394
commissioned and employed as a peace officer by a political	1395
subdivision of this state or by a metropolitan housing authority,	1396
and whose primary duties are to preserve the peace, to protect	1397
life and property, and to enforce the laws of this state,	1398
ordinances of a municipal corporation, resolutions of a township,	1399
or regulations of a board of county commissioners or board of	1400
township trustees, or any of those laws, ordinances, resolutions,	1401
or regulations;	1402

(2) A police officer who is employed by a railroad company	1403
and appointed and commissioned by the secretary of state pursuant	1404
to sections 4973.17 to 4973.22 of the Revised Code;	1405

(3) Employees of the department of taxation engaged in the	1406
enforcement of Chapter 5743. of the Revised Code and designated by	1407
the tax commissioner for peace officer training for purposes of	1408
the delegation of investigation powers under section 5743.45 of	1409
the Revised Code;	1410

(4) An undercover drug agent;

1411

(5) Enforcement agents of the department of public safety	1412
whom the director of public safety designates under section	1413
5502.14 of the Revised Code;	1414

(6) An employee of the department of natural resources who is	1415
a natural resources law enforcement staff officer designated	1416
pursuant to section 1501.013, a park officer designated pursuant	1417
to section 1541.10, a forest officer designated pursuant to	1418
section 1503.29, a preserve officer designated pursuant to section	1419
1517.10, a wildlife officer designated pursuant to section	1420
1531.13, or a state watercraft officer designated pursuant to	1421
section 1547.521 of the Revised Code;	1422

(7) An employee of a park district who is designated pursuant	1423
to section 511.232 or 1545.13 of the Revised Code;	1424

(8) An employee of a conservancy district who is designated	1425
pursuant to section 6101.75 of the Revised Code;	1426

(9) A police officer who is employed by a hospital that	1427
employs and maintains its own proprietary police department or	1428
security department, and who is appointed and commissioned by the	1429
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1430
Revised Code;	1431

(10) Veterans' homes police officers designated under section	1432
5907.02 of the Revised Code;	1433

(11) A police officer who is employed by a qualified	1434
nonprofit corporation police department pursuant to section	1435
1702.80 of the Revised Code;	1436

(12) A state university law enforcement officer appointed	1437
under section 3345.04 of the Revised Code or a person serving as a	1438
state university law enforcement officer on a permanent basis on	1439
June 19, 1978, who has been awarded a certificate by the executive	1440
director of the Ohio peace officer training commission attesting	1441
to the person's satisfactory completion of an approved state,	1442
county, municipal, or department of natural resources peace	1443
officer basic training program;	1444

(13) A special police officer employed by the department of	1445
mental health pursuant to section 5119.14 of the Revised Code or	1446
the department of developmental disabilities pursuant to section	1447
5123.13 of the Revised Code;	1448

(14) A member of a campus police department appointed under	1449
section 1713.50 of the Revised Code;	1450

(15) A member of a police force employed by a regional	1451
transit authority under division (Y) of section 306.35 of the	1452
Revised Code;	1453

(16) Investigators appointed by the auditor of state pursuant	1454
to section 117.091 of the Revised Code and engaged in the	1455
enforcement of Chapter 117. of the Revised Code;	1456

(17) A special police officer designated by the	1457
superintendent of the state highway patrol pursuant to section	1458
5503.09 of the Revised Code or a person who was serving as a	1459
special police officer pursuant to that section on a permanent	1460
basis on October 21, 1997, and who has been awarded a certificate	1461
by the executive director of the Ohio peace officer training	1462
commission attesting to the person's satisfactory completion of an	1463
approved state, county, municipal, or department of natural	1464
resources peace officer basic training program;	1465

(18) A special police officer employed by a port authority	1466
under section 4582.04 or 4582.28 of the Revised Code or a person	1467
serving as a special police officer employed by a port authority	1468
on a permanent basis on May 17, 2000, who has been awarded a	1469
certificate by the executive director of the Ohio peace officer	1470
training commission attesting to the person's satisfactory	1471
completion of an approved state, county, municipal, or department	1472
of natural resources peace officer basic training program;	1473

(19) A special police officer employed by a municipal	1474
corporation who has been awarded a certificate by the executive	1475
director of the Ohio peace officer training commission for	1476
satisfactory completion of an approved peace officer basic	1477
training program and who is employed on a permanent basis on or	1478
after March 19, 2003, at a municipal airport, or other municipal	1479
air navigation facility, that has scheduled operations, as defined	1480
in section 119.3 of Title 14 of the Code of Federal Regulations,	1481
14 C.F.R. 119.3, as amended, and that is required to be under a	1482
security program and is governed by aviation security rules of the	1483
transportation security administration of the United States	1484
department of transportation as provided in Parts 1542. and 1544.	1485
of Title 49 of the Code of Federal Regulations, as amended;	1486

(20) A police officer who is employed by an owner or operator	1487
of an amusement park that has an average yearly attendance in	1488
excess of six hundred thousand guests and that employs and	1489
maintains its own proprietary police department or security	1490
department, and who is appointed and commissioned by a judge of	1491
the appropriate municipal court or county court pursuant to	1492
section 4973.17 of the Revised Code;	1493

(21) A police officer who is employed by a bank, savings and	1494
loan association, savings bank, credit union, or association of	1495
banks, savings and loan associations, savings banks, or credit	1496
unions, who has been appointed and commissioned by the secretary	1497
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1498
Code, and who has been awarded a certificate by the executive	1499
director of the Ohio peace officer training commission attesting	1500
to the person's satisfactory completion of a state, county,	1501
municipal, or department of natural resources peace officer basic	1502
training program;	1503

(22) An investigator, as defined in section 109.541 of the	1504
Revised Code, of the bureau of criminal identification and	1505
investigation who is commissioned by the superintendent of the	1506
bureau as a special agent for the purpose of assisting law	1507
enforcement officers or providing emergency assistance to peace	1508
officers pursuant to authority granted under that section;	1509

(23) A state fire marshal law enforcement officer appointed	1510
under section 3737.22 of the Revised Code or a person serving as a	1511
state fire marshal law enforcement officer on a permanent basis on	1512
or after July 1, 1982, who has been awarded a certificate by the	1513
executive director of the Ohio peace officer training commission	1514
attesting to the person's satisfactory completion of an approved	1515
state, county, municipal, or department of natural resources peace	1516
officer basic training program;	1517

(24) A gaming agent employed under section 3772.03 of the	1518
Revised Code.	1519

(B) "Undercover drug agent" has the same meaning as in	1520
division (B)(2) of section 109.79 of the Revised Code.	1521

(C) "Crisis intervention training" means training in the use	1522
of interpersonal and communication skills to most effectively and	1523
sensitively interview victims of rape.	1524

(D) "Missing children" has the same meaning as in section	1525
2901.30 of the Revised Code.	1526

Sec. 109.77. (A) As used in this section, "felony" has the	1527
same meaning as in section 109.511 of the Revised Code.	1528

(B)(1) Notwithstanding any general, special, or local law or	1529
charter to the contrary, and except as otherwise provided in this	1530
section, no person shall receive an original appointment on a	1531
permanent basis as any of the following unless the person	1532
previously has been awarded a certificate by the executive	1533
director of the Ohio peace officer training commission attesting	1534
to the person's satisfactory completion of an approved state,	1535
county, municipal, or department of natural resources peace	1536
officer basic training program:	1537

(a) A peace officer of any county, township, municipal	1538
corporation, regional transit authority, or metropolitan housing	1539
authority;	1540

(b) A natural resources law enforcement staff officer, park	1541
officer, forest officer, preserve officer, wildlife officer, or	1542
state watercraft officer of the department of natural resources;	1543

(c) An employee of a park district under section 511.232 or	1544
1545.13 of the Revised Code;	1545

(d) An employee of a conservancy district who is designated	1546
pursuant to section 6101.75 of the Revised Code;	1547

(e) A state university law enforcement officer;

1548

(f) A special police officer employed by the department of	1549
mental health pursuant to section 5119.14 of the Revised Code or	1550
the department of developmental disabilities pursuant to section	1551
5123.13 of the Revised Code;	1552

(g) An enforcement agent of the department of public safety	1553
whom the director of public safety designates under section	1554
5502.14 of the Revised Code;	1555

(h) A special police officer employed by a port authority	1556
under section 4582.04 or 4582.28 of the Revised Code;	1557

(i) A special police officer employed by a municipal	1558
corporation at a municipal airport, or other municipal air	1559
navigation facility, that has scheduled operations, as defined in	1560
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1561
C.F.R. 119.3, as amended, and that is required to be under a	1562
security program and is governed by aviation security rules of the	1563
transportation security administration of the United States	1564
department of transportation as provided in Parts 1542. and 1544.	1565
of Title 49 of the Code of Federal Regulations, as amended;	1566

(j) A gaming agent employed under section 3772.03 of the	1567
Revised Code.	1568

(2) Every person who is appointed on a temporary basis or for	1569
a probationary term or on other than a permanent basis as any of	1570
the following shall forfeit the appointed position unless the	1571
person previously has completed satisfactorily or, within the time	1572
prescribed by rules adopted by the attorney general pursuant to	1573
section 109.74 of the Revised Code, satisfactorily completes a	1574
state, county, municipal, or department of natural resources peace	1575
officer basic training program for temporary or probationary	1576
officers and is awarded a certificate by the director attesting to	1577
the satisfactory completion of the program:	1578

(a) A peace officer of any county, township, municipal	1579
corporation, regional transit authority, or metropolitan housing	1580
authority;	1581

(b) A natural resources law enforcement staff officer, park	1582
officer, forest officer, preserve officer, wildlife officer, or	1583
state watercraft officer of the department of natural resources;	1584

(c) An employee of a park district under section 511.232 or	1585
1545.13 of the Revised Code;	1586

(d) An employee of a conservancy district who is designated	1587
pursuant to section 6101.75 of the Revised Code;	1588

(e) A special police officer employed by the department of	1589
mental health pursuant to section 5119.14 of the Revised Code or	1590
the department of developmental disabilities pursuant to section	1591
5123.13 of the Revised Code;	1592

(f) An enforcement agent of the department of public safety	1593
whom the director of public safety designates under section	1594
5502.14 of the Revised Code;	1595

(g) A special police officer employed by a port authority	1596
under section 4582.04 or 4582.28 of the Revised Code;	1597

(h) A special police officer employed by a municipal	1598
corporation at a municipal airport, or other municipal air	1599
navigation facility, that has scheduled operations, as defined in	1600
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1601
C.F.R. 119.3, as amended, and that is required to be under a	1602
security program and is governed by aviation security rules of the	1603
transportation security administration of the United States	1604
department of transportation as provided in Parts 1542. and 1544.	1605
of Title 49 of the Code of Federal Regulations, as amended.	1606

(3) For purposes of division (B) of this section, a state,	1607
county, municipal, or department of natural resources peace	1608
officer basic training program, regardless of whether the program	1609
is to be completed by peace officers appointed on a permanent or	1610
temporary, probationary, or other nonpermanent basis, shall	1611
include training in the handling of the offense of domestic	1612
violence, other types of domestic violence-related offenses and	1613
incidents, and protection orders and consent agreements issued or	1614
approved under section 2919.26 or 3113.31 of the Revised Code and	1615
crisis intervention training. The requirement to complete training	1616
in the handling of the offense of domestic violence, other types	1617
of domestic violence-related offenses and incidents, and	1618
protection orders and consent agreements issued or approved under	1619
section 2919.26 or 3113.31 of the Revised Code does not apply to	1620
any person serving as a peace officer on March 27, 1979, and the	1621
requirement to complete training in crisis intervention does not	1622
apply to any person serving as a peace officer on April 4, 1985.	1623
Any person who is serving as a peace officer on April 4, 1985, who	1624
terminates that employment after that date, and who subsequently	1625
is hired as a peace officer by the same or another law enforcement	1626
agency shall complete training in crisis intervention as	1627
prescribed by rules adopted by the attorney general pursuant to	1628
section 109.742 of the Revised Code. No peace officer shall have	1629
employment as a peace officer terminated and then be reinstated	1630
with intent to circumvent this section.	1631

(4) Division (B) of this section does not apply to any person	1632
serving on a permanent basis on March 28, 1985, as a park officer,	1633
forest officer, preserve officer, wildlife officer, or state	1634
watercraft officer of the department of natural resources or as an	1635
employee of a park district under section 511.232 or 1545.13 of	1636
the Revised Code, to any person serving on a permanent basis on	1637
March 6, 1986, as an employee of a conservancy district designated	1638
pursuant to section 6101.75 of the Revised Code, to any person	1639
serving on a permanent basis on January 10, 1991, as a preserve	1640
officer of the department of natural resources, to any person	1641
employed on a permanent basis on July 2, 1992, as a special police	1642
officer by the department of mental health pursuant to section	1643
5119.14 of the Revised Code or by the department of developmental	1644
disabilities pursuant to section 5123.13 of the Revised Code, to	1645
any person serving on a permanent basis on May 17, 2000, as a	1646
special police officer employed by a port authority under section	1647
4582.04 or 4582.28 of the Revised Code, to any person serving on a	1648
permanent basis on March 19, 2003, as a special police officer	1649
employed by a municipal corporation at a municipal airport or	1650
other municipal air navigation facility described in division	1651
(A)(19) of section 109.71 of the Revised Code, to any person	1652
serving on a permanent basis on June 19, 1978, as a state	1653
university law enforcement officer pursuant to section 3345.04 of	1654
the Revised Code and who, immediately prior to June 19, 1978, was	1655
serving as a special police officer designated under authority of	1656
that section, or to any person serving on a permanent basis on	1657
September 20, 1984, as a liquor control investigator, known after	1658
June 30, 1999, as an enforcement agent of the department of public	1659
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1660
the Revised Code.	1661

(5) Division (B) of this section does not apply to any person	1662
who is appointed as a regional transit authority police officer	1663
pursuant to division (Y) of section 306.35 of the Revised Code if,	1664
on or before July 1, 1996, the person has completed satisfactorily	1665
an approved state, county, municipal, or department of natural	1666
resources peace officer basic training program and has been	1667
awarded a certificate by the executive director of the Ohio peace	1668
officer training commission attesting to the person's satisfactory	1669
completion of such an approved program and if, on July 1, 1996,	1670
the person is performing peace officer functions for a regional	1671
transit authority.	1672

(C) No person, after September 20, 1984, shall receive an	1673
original appointment on a permanent basis as a veterans' home	1674
police officer designated under section 5907.02 of the Revised	1675
Code unless the person previously has been awarded a certificate	1676
by the executive director of the Ohio peace officer training	1677
commission attesting to the person's satisfactory completion of an	1678
approved police officer basic training program. Every person who	1679
is appointed on a temporary basis or for a probationary term or on	1680
other than a permanent basis as a veterans' home police officer	1681
designated under section 5907.02 of the Revised Code shall forfeit	1682
that position unless the person previously has completed	1683
satisfactorily or, within one year from the time of appointment,	1684
satisfactorily completes an approved police officer basic training	1685
program.	1686

(D) No bailiff or deputy bailiff of a court of record of this	1687
state and no criminal investigator who is employed by the state	1688
public defender shall carry a firearm, as defined in section	1689
2923.11 of the Revised Code, while on duty unless the bailiff,	1690
deputy bailiff, or criminal investigator has done or received one	1691
of the following:	1692

(1) Has been awarded a certificate by the executive director	1693
of the Ohio peace officer training commission, which certificate	1694
attests to satisfactory completion of an approved state, county,	1695
or municipal basic training program for bailiffs and deputy	1696
bailiffs of courts of record and for criminal investigators	1697
employed by the state public defender that has been recommended by	1698
the Ohio peace officer training commission;	1699

(2) Has successfully completed a firearms training program	1700
approved by the Ohio peace officer training commission prior to	1701
employment as a bailiff, deputy bailiff, or criminal investigator;	1702

(3) Prior to June 6, 1986, was authorized to carry a firearm	1703
by the court that employed the bailiff or deputy bailiff or, in	1704
the case of a criminal investigator, by the state public defender	1705
and has received training in the use of firearms that the Ohio	1706
peace officer training commission determines is equivalent to the	1707
training that otherwise is required by division (D) of this	1708
section.	1709

(E)(1) Before a person seeking a certificate completes an	1710
approved peace officer basic training program, the executive	1711
director of the Ohio peace officer training commission shall	1712
request the person to disclose, and the person shall disclose, any	1713
previous criminal conviction of or plea of guilty of that person	1714
to a felony.	1715

(2) Before a person seeking a certificate completes an	1716
approved peace officer basic training program, the executive	1717
director shall request a criminal history records check on the	1718
person. The executive director shall submit the person's	1719
fingerprints to the bureau of criminal identification and	1720
investigation, which shall submit the fingerprints to the federal	1721
bureau of investigation for a national criminal history records	1722
check.	1723

Upon receipt of the executive director's request, the bureau	1724
of criminal identification and investigation and the federal	1725
bureau of investigation shall conduct a criminal history records	1726
check on the person and, upon completion of the check, shall	1727
provide a copy of the criminal history records check to the	1728
executive director. The executive director shall not award any	1729
certificate prescribed in this section unless the executive	1730
director has received a copy of the criminal history records check	1731
on the person to whom the certificate is to be awarded.	1732

(3) The executive director of the commission shall not award	1733
a certificate prescribed in this section to a person who has been	1734
convicted of or has pleaded guilty to a felony or who fails to	1735
disclose any previous criminal conviction of or plea of guilty to	1736
a felony as required under division (E)(1) of this section.	1737

(4) The executive director of the commission shall revoke the	1738
certificate awarded to a person as prescribed in this section, and	1739
that person shall forfeit all of the benefits derived from being	1740
certified as a peace officer under this section, if the person,	1741
before completion of an approved peace officer basic training	1742
program, failed to disclose any previous criminal conviction of or	1743
plea of guilty to a felony as required under division (E)(1) of	1744
this section.	1745

(F)(1) Regardless of whether the person has been awarded the	1746
certificate or has been classified as a peace officer prior to,	1747
on, or after October 16, 1996, the executive director of the Ohio	1748
peace officer training commission shall revoke any certificate	1749
that has been awarded to a person as prescribed in this section if	1750
the person does either of the following:	1751

(a) Pleads guilty to a felony committed on or after January	1752
1, 1997;	1753

(b) Pleads guilty to a misdemeanor committed on or after	1754
January 1, 1997, pursuant to a negotiated plea agreement as	1755
provided in division (D) of section 2929.43 of the Revised Code in	1756
which the person agrees to surrender the certificate awarded to	1757
the person under this section.	1758

(2) The executive director of the commission shall suspend	1759
any certificate that has been awarded to a person as prescribed in	1760
this section if the person is convicted, after trial, of a felony	1761
committed on or after January 1, 1997. The executive director	1762
shall suspend the certificate pursuant to division (F)(2) of this	1763
section pending the outcome of an appeal by the person from that	1764
conviction to the highest court to which the appeal is taken or	1765
until the expiration of the period in which an appeal is required	1766
to be filed. If the person files an appeal that results in that	1767
person's acquittal of the felony or conviction of a misdemeanor,	1768
or in the dismissal of the felony charge against that person, the	1769
executive director shall reinstate the certificate awarded to the	1770
person under this section. If the person files an appeal from that	1771
person's conviction of the felony and the conviction is upheld by	1772
the highest court to which the appeal is taken or if the person	1773
does not file a timely appeal, the executive director shall revoke	1774
the certificate awarded to the person under this section.	1775

(G)(1) If a person is awarded a certificate under this	1776
section and the certificate is revoked pursuant to division (E)(4)	1777
or (F) of this section, the person shall not be eligible to	1778
receive, at any time, a certificate attesting to the person's	1779
satisfactory completion of a peace officer basic training program.	1780

(2) The revocation or suspension of a certificate under	1781
division (E)(4) or (F) of this section shall be in accordance with	1782
Chapter 119. of the Revised Code.	1783

(H)(1) A person who was employed as a peace officer of a	1784
county, township, or municipal corporation of the state on January	1785
1, 1966, and who has completed at least sixteen years of full-time	1786
active service as such a peace officer, or equivalent service as	1787
determined by the executive director of the Ohio peace officer	1788
training commission, may receive an original appointment on a	1789
permanent basis and serve as a peace officer of a county,	1790
township, or municipal corporation, or as a state university law	1791
enforcement officer, without complying with the requirements of	1792
division (B) of this section.	1793

(2) Any person who held an appointment as a state highway	1794
trooper on January 1, 1966, may receive an original appointment on	1795
a permanent basis and serve as a peace officer of a county,	1796
township, or municipal corporation, or as a state university law	1797
enforcement officer, without complying with the requirements of	1798
division (B) of this section.	1799

(I) No person who is appointed as a peace officer of a	1800
county, township, or municipal corporation on or after April 9,	1801
1985, shall serve as a peace officer of that county, township, or	1802
municipal corporation unless the person has received training in	1803
the handling of missing children and child abuse and neglect cases	1804
from an approved state, county, township, or municipal police	1805
officer basic training program or receives the training within the	1806
time prescribed by rules adopted by the attorney general pursuant	1807
to section 109.741 of the Revised Code.	1808

(J) No part of any approved state, county, or municipal basic	1809
training program for bailiffs and deputy bailiffs of courts of	1810
record and no part of any approved state, county, or municipal	1811
basic training program for criminal investigators employed by the	1812
state public defender shall be used as credit toward the	1813
completion by a peace officer of any part of the approved state,	1814
county, or municipal peace officer basic training program that the	1815
peace officer is required by this section to complete	1816
satisfactorily.	1817

(K) This section does not apply to any member of the police	1818
department of a municipal corporation in an adjoining state	1819
serving in this state under a contract pursuant to section 737.04	1820
of the Revised Code.	1821

Sec. 109.79. (A) The Ohio peace officer training commission	1822
shall establish and conduct a training school for law enforcement	1823
officers of any political subdivision of the state or of the state	1824
public defender's office. The school shall be known as the Ohio	1825
peace officer training academy. No bailiff or deputy bailiff of a	1826
court of record of this state and no criminal investigator	1827
employed by the state public defender shall be permitted to attend	1828
the academy for training unless the employing court of the bailiff	1829
or deputy bailiff or the state public defender, whichever is	1830
applicable, has authorized the bailiff, deputy bailiff, or	1831
investigator to attend the academy.	1832

The Ohio peace officer training commission shall develop the	1833
training program, which shall include courses in both the civil	1834
and criminal functions of law enforcement officers, a course in	1835
crisis intervention with six or more hours of training, and	1836
training in the handling of missing children and child abuse and	1837
neglect cases, and shall establish rules governing qualifications	1838
for admission to the academy. The commission may require	1839
competitive examinations to determine fitness of prospective	1840
trainees, so long as the examinations or other criteria for	1841
admission to the academy are consistent with the provisions of	1842
Chapter 124. of the Revised Code.	1843

The Ohio peace officer training commission shall determine	1844
tuition costs sufficient in the aggregate to pay the costs of	1845
operating the academy. The costs of acquiring and equipping the	1846
academy shall be paid from appropriations made by the general	1847
assembly to the Ohio peace officer training commission for that	1848
purpose, from gifts or grants received for that purpose, or from	1849
fees for goods related to the academy.	1850

The Ohio peace officer training commission shall create a	1851
gaming-related curriculum for gaming agents. The Ohio peace	1852
officer training commission shall use money distributed to the	1853
Ohio peace officer training academy from the Ohio law enforcement	1854
training fund to first support the academy's training programs for	1855
gaming agents and gaming-related curriculum.	1856

The law enforcement officers, during the period of their	1857
training, shall receive compensation as determined by the	1858
political subdivision that sponsors them or, if the officer is a	1859
criminal investigator employed by the state public defender, as	1860
determined by the state public defender. The political subdivision	1861
may pay the tuition costs of the law enforcement officers they	1862
sponsor and the state public defender may pay the tuition costs of	1863
criminal investigators of that office who attend the academy.	1864

If trainee vacancies exist, the academy may train and issue	1865
certificates of satisfactory completion to peace officers who are	1866
employed by a campus police department pursuant to section 1713.50	1867
of the Revised Code, by a qualified nonprofit corporation police	1868
department pursuant to section 1702.80 of the Revised Code, or by	1869
a railroad company, who are amusement park police officers	1870
appointed and commissioned by a judge of the appropriate municipal	1871
court or county court pursuant to section 4973.17 of the Revised	1872
Code, or who are bank, savings and loan association, savings bank,	1873
credit union, or association of banks, savings and loan	1874
associations, savings banks, or credit unions, or hospital police	1875
officers appointed and commissioned by the secretary of state	1876
pursuant to sections 4973.17 to 4973.22 of the Revised Code,	1877
provided that no such officer shall be trained at the academy	1878
unless the officer meets the qualifications established for	1879
admission to the academy and the qualified nonprofit corporation	1880
police department; bank, savings and loan association, savings	1881
bank, credit union, or association of banks, savings and loan	1882
associations, savings banks, or credit unions; railroad company;	1883
hospital; or amusement park or the private college or university	1884
that established the campus police department prepays the entire	1885
cost of the training. A qualified nonprofit corporation police	1886
department; bank, savings and loan association, savings bank,	1887
credit union, or association of banks, savings and loan	1888
associations, savings banks, or credit unions; railroad company;	1889
hospital; or amusement park or a private college or university	1890
that has established a campus police department is not entitled to	1891
reimbursement from the state for any amount paid for the cost of	1892
training the bank, savings and loan association, savings bank,	1893
credit union, or association of banks, savings and loan	1894
associations, savings banks, or credit unions peace officers; the	1895
railroad company's peace officers; or the peace officers of the	1896
qualified nonprofit corporation police department, campus police	1897
department, hospital, or amusement park.	1898

The academy shall permit investigators employed by the state	1899
medical board to take selected courses that the board determines	1900
are consistent with its responsibilities for initial and	1901
continuing training of investigators as required under sections	1902
4730.26 and 4731.05 of the Revised Code. The board shall pay the	1903
entire cost of training that investigators receive at the academy.	1904

(B) As used in this section:

1905

(1) "Law enforcement officers" include any undercover drug	1906
agent, any bailiff or deputy bailiff of a court of record, and any	1907
criminal investigator who is employed by the state public	1908
defender.	1909

(2) "Undercover drug agent" means any person who:

1910

(a) Is employed by a county, township, or municipal	1911
corporation for the purposes set forth in division (B)(2)(b) of	1912
this section but who is not an employee of a county sheriff's	1913
department, of a township constable, or of the police department	1914
of a municipal corporation or township;	1915

(b) In the course of the person's employment by a county,	1916
township, or municipal corporation, investigates and gathers	1917
information pertaining to persons who are suspected of violating	1918
Chapter 2925. or 3719. of the Revised Code, and generally does not	1919
wear a uniform in the performance of the person's duties.	1920

(3) "Crisis intervention training" has the same meaning as in	1921
section 109.71 of the Revised Code.	1922

(4) "Missing children" has the same meaning as in section	1923
2901.30 of the Revised Code.	1924

Sec. 121.54. As it relates in any way to state funds or	1925
public officials subject to the investigatory authority of the	1926
inspector general, the inspector general may investigate all	1927
wrongful acts or omissions that have been committed by or are	1928
being committed by any member of the Ohio casino control	1929
commission or its employees.	1930

The inspector general shall conduct a program of random	1931
review of the processing of contracts associated with the	1932
commission. The random review program shall be designed by the	1933
inspector general. The program shall be confidential and may be	1934
altered by the inspector general at any time.	1935

The inspector general shall take care to preserve the	1936
confidentiality of information contained in responses to questions	1937
or in books, records, or papers that are made confidential by law.	1938
In performing any investigation, the inspector general shall avoid	1939
interfering with the ongoing operations of the entities being	1940
investigated, except insofar as is reasonably necessary to	1941
successfully complete the investigation.	1942

At the conclusion of an investigation conducted by the	1943
inspector general, the inspector general shall deliver to the	1944
executive director of the commission, depending on the subject of	1945
the investigation, and to the governor, any case for which	1946
remedial action is necessary. The inspector general shall maintain	1947
a public record of the activities of the inspector general to the	1948
extent permitted under this section, ensuring that the rights of	1949
the parties involved in each case are protected. The inspector	1950
general shall include in the annual report required under section	1951
121.48 of the Revised Code a summary of the activities of the	1952
inspector general under this section during the previous year.	1953

No person shall disclose any information that is designated	1954
as confidential in accordance with section 121.44 of the Revised	1955
Code or any confidential information that is acquired in the	1956
course of an investigation conducted under this section to any	1957
person who is not legally entitled to disclosure of that	1958
information.	1959

As used in this section, "state agency" and "state employee"	1960
have the same meanings as in section 121.41 of the Revised Code.	1961

Sec. 121.60. As used in sections 121.60 to 121.69 of the	1962
Revised Code:	1963

(A) "Person" and "compensation" have the same meanings as in	1964
section 101.70 of the Revised Code.	1965

(B) "Expenditure" means any of the following that is made to,	1966
at the request of, for the benefit of, or on behalf of an elected	1967
executive official, the director of a department created under	1968
section 121.02 of the Revised Code, an executive agency official,	1969
or a member of the staff of any public officer or employee listed	1970
in this division:	1971

(1) A payment, distribution, loan, advance, deposit,	1972
reimbursement, or gift of money, real estate, or anything of	1973
value, including, but not limited to, food and beverages,	1974
entertainment, lodging, transportation, or honorariums;	1975

(2) A contract, promise, or agreement to make an expenditure,	1976
whether or not legally enforceable;	1977

(3) The purchase, sale, or gift of services or any other	1978
thing of value. "Expenditure" does not include a contribution,	1979
gift, or grant to a foundation or other charitable organization	1980
that is exempt from federal income taxation under subsection	1981
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	1982
include the purchase, sale, or gift of services or any other thing	1983
of value that is available to the general public on the same terms	1984
as it is available to the persons listed in this division, or an	1985
offer or sale of securities to any person listed in this division	1986
that is governed by regulation D, 17 C.F.R. ~~2301.501~~230.501 to	1987
~~2301.508~~230.508, adopted under the authority of the "Securities	1988
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	1989
governed by a comparable provision under state law.	1990

(C) "Employer" means any person who, directly or indirectly,	1991
engages an executive agency lobbyist.	1992

(D) "Engage" means to make any arrangement, and "engagement"	1993
means arrangement, whereby an individual is employed or retained	1994
for compensation to act for or on behalf of an employer to	1995
influence executive agency decisions or to conduct any executive	1996
agency lobbying activity.	1997

(E) "Financial transaction" means a transaction or activity	1998
that is conducted or undertaken for profit and arises from the	1999
joint ownership or the ownership or part ownership in common of	2000
any real or personal property or any commercial or business	2001
enterprise of whatever form or nature between the following:	2002

(1) An executive agency lobbyist, ~~his~~the executive agency	2003
lobbyist's employer, or a member of the immediate family of the	2004
executive agency lobbyist or ~~his~~the executive agency lobbyist's	2005
employer; and	2006

(2) Any elected executive official, the director of a	2007
department created under section 121.02 of the Revised Code, an	2008
executive agency official, or any member of the staff of a public	2009
officer or employee listed in division (E)(2) of this section.	2010

"Financial transaction" does not include any transaction or	2011
activity described in division (E) of this section if it is	2012
available to the general public on the same terms, or if it is an	2013
offer or sale of securities to any person listed in division	2014
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	2015
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	2016
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	2017
following, or that is governed by a comparable provision under	2018
state law.	2019

(F) "Executive agency" means the office of an elected	2020
executive official, a department created under section 121.02 of	2021
the Revised Code, or any other state agency, department, board, or	2022
commission controlled or directed by an elected executive official	2023
or otherwise subject to ~~his~~an elected executive official's	2024
authority. "Executive agency" does not include any court, the	2025
general assembly, or the controlling board.	2026

(G) "Executive agency decision" means a decision of an	2027
executive agency regarding the expenditure of funds of the state	2028
or of an executive agency with respect to the award of a contract,	2029
grant, lease, or other financial arrangement under which such	2030
funds are distributed or allocated, or a regulatory decision of an	2031
executive agency or any board or commission of the state.	2032
"Executive agency decision" does not include either of the	2033
following:	2034

(1) A purchasing decision for which a vendor has filed a	2035
statement certifying that hethe vendor has not made campaign	2036
contributions in an amount such that section 3517.13 of the	2037
Revised Code would invalidate the decision, if that vendor has not	2038
engaged an executive agency lobbyist;	2039

(2) The award of a competitively bid contract for which bid	2040
specifications were prepared and for which at least three eligible	2041
competitive bids were received by the executive agency.	2042

(H) "Executive agency lobbyist" means any person engaged to	2043
influence executive agency decisions or to conduct executive	2044
agency lobbying activity as one of ~~his~~the person's main purposes	2045
on a regular and substantial basis. "Executive agency lobbyist"	2046
does not include an elected or appointed officer or employee of a	2047
federal or state agency, state college, state university, or	2048
political subdivision who attempts to influence or affect	2049
executive agency decisions in ~~his~~a fiduciary capacity as a	2050
representative of ~~his~~the officer's or employee's agency, college,	2051
university, or political subdivision.	2052

(I) "Executive agency lobbying activity" means contacts made	2053
to promote, oppose, or otherwise influence the outcome of an	2054
executive agency decision by direct communication with an elected	2055
executive official, the director of any department listed in	2056
section 121.02 of the Revised Code, any executive agency official,	2057
or a member of the staff of any public officer or employee listed	2058
in this division, or the Ohio casino control commission. "Lobbying	2059
activity" does not include any of the following:	2060

(1) The action of any person having a direct interest in	2061
executive agency decisions who, under Section 3 of Article I, Ohio	2062
Constitution, assembles together with other persons to consult for	2063
their common good, instructs a person listed in the first	2064
paragraph of division (I) of this section, or petitions such a	2065
person for the redress of grievances;	2066

(2) Contacts made for the sole purpose of gathering	2067
information contained in a public record;	2068

(3) Appearances before an executive agency to give testimony.

2069

(J) "Executive agency official" means an officer or employee	2070
of an executive agency whose principal duties are to formulate	2071
policy or to participate directly or indirectly in the	2072
preparation, review, or award of contracts, grants, leases, or	2073
other financial arrangements with an executive agency.	2074

(K) "Aggrieved party" means a party entitled to resort to a	2075
remedy.	2076

(L) "Elected executive official" means the governor,	2077
lieutenant governor, secretary of state, auditor of state,	2078
treasurer of state, and the attorney general.	2079

(M) "Staff" means any officer or employee of an executive	2080
agency whose official duties are to formulate policy and who	2081
exercises administrative or supervisory authority or who	2082
authorizes the expenditure of state funds.	2083

Sec. 122.045. The director of development shall establish,	2084
and thereafter shall maintain and improve, an urban workforce	2085
development initiative. The director shall use money in the urban	2086
workforce development fund to establish and administer a	2087
competitive process for making grants under the initiative to one	2088
or more entities that meet criteria determined by the director.	2089
The director shall enter into contracts with grantees under which	2090
the grantees develop and administer programs that reimburse	2091
eligible employers for qualified wage expenditures incurred in	2092
connection with the hiring of eligible employees. The director	2093
shall determine what constitutes qualified wage expenditures.	2094

An individual is an "eligible employee" if the individual has	2095
been hired by an eligible employer who is eligible to receive	2096
reimbursements under the workforce development initiative, the	2097
individual, at the time of hiring, resides in the city in which	2098
the eligible employer's business is located, and the individual	2099
either: (1) was unemployed immediately before being hired by the	2100
eligible employer and, during the period of employment with the	2101
eligible employer, engages in a skills training program that has	2102
been approved by the director or (2) recently graduated from an	2103
educational program relevant to the employment that, upon	2104
completion of the program, granted a degree or certificate to the	2105
individual. The degree or certificate shall have been issued by a	2106
state institution of higher education as defined in section	2107
3345.011 of the Revised Code or otherwise approved by the	2108
director.	2109

An employer is an "eligible employer" if the employer	2110
operates a business that is located in an Ohio city having more	2111
than thirty thousand individuals whose incomes are below one	2112
hundred eighty-five per cent of the poverty rate determined by the	2113
United States bureau of the census in the 2006-2008 American	2114
community survey.	2115

The contracts between the director and the grantees shall	2116
obligate the grantees to encourage eligible employers to enter	2117
into partnerships with cooperative education programs and	2118
internship programs under section 3333.71 of the Revised Code in	2119
conjunction with participation in the urban workforce development	2120
initiative.	2121

The director shall adopt, and may amend and rescind, rules	2122
under Chapter 119. of the Revised Code as are necessary to carry	2123
out the urban workforce development initiative.	2124

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	2125
Revised Code, "state agency" means the administrative departments	2126
listed in section 121.02 of the Revised Code, the department of	2127
taxation, ~~and~~ the bureau of workers' compensation, and the Ohio	2128
casino control commission.	2129

(B) The office of internal auditing is hereby created in the	2130
office of budget and management to conduct internal audits of	2131
state agencies or divisions of state agencies to improve their	2132
operations in the areas of risk management, internal controls, and	2133
governance. The director of budget and management, with the	2134
approval of the governor, shall appoint for the office of internal	2135
auditing a chief internal auditor who meets the qualifications	2136
specified in division (C) of this section. The chief internal	2137
auditor shall serve at the director's pleasure and be responsible	2138
for the administration of the office of internal auditing	2139
consistent with sections 126.45 to 126.48 of the Revised Code.	2140

The office of internal auditing shall conduct programs for	2141
the internal auditing of state agencies. The programs shall	2142
include an annual internal audit plan, reviewed by the state audit	2143
committee, that utilizes risk assessment techniques and identifies	2144
the specific audits to be conducted during the year. The programs	2145
also shall include periodic audits of each state agency's major	2146
systems and controls, including those systems and controls	2147
pertaining to accounting, administration, and electronic data	2148
processing. Upon the request of the office of internal auditing,	2149
each state agency shall provide office employees access to all	2150
records and documents necessary for the performance of an internal	2151
audit.	2152

The director of budget and management shall assess a charge	2153
against each state agency for which the office of internal	2154
auditing conducts internal auditing programs under sections 126.45	2155
to 126.48 of the Revised Code so that the total amount of these	2156
charges is sufficient to cover the costs of the operation of the	2157
office of internal auditing.	2158

(C) The chief internal auditor of the office of internal	2159
auditing shall hold at least a bachelor's degree and be one of the	2160
following:	2161

(1) A certified internal auditor, a certified government	2162
auditing professional, or a certified public accountant, who also	2163
has held a PA registration or a CPA certificate authorized by	2164
Chapter 4701. of the Revised Code for at least four years and has	2165
at least six years of auditing experience;	2166

(2) An auditor who has held a PA registration or a CPA	2167
certificate authorized by Chapter 4701. of the Revised Code for at	2168
least four years and has at least ten years of auditing	2169
experience.	2170

(D) The chief internal auditor, subject to the direction and	2171
control of the director of budget and management, may appoint and	2172
maintain any staff necessary to carry out the duties assigned by	2173
sections 126.45 to 126.48 of the Revised Code to the office of	2174
internal auditing or to the chief internal auditor.	2175

Sec. 1705.48. Except as otherwise provided by this chapter	2176
or any other provision of the Revised Code, including, but not	2177
limited to, sections 3734.908, 5739.33, 5743.57, 5747.07, and	2178
~~5753.09~~5753.02 of the Revised Code, all of the following apply:	2179

(A) The debts, obligations, and liabilities of a limited	2180
liability company, whether arising in contract, tort, or	2181
otherwise, are solely the debts, obligations, and liabilities of	2182
the limited liability company.	2183

(B) Neither the members of the limited liability company nor	2184
any managers of the limited liability company are personally	2185
liable to satisfy any judgment, decree, or order of a court for,	2186
or are personally liable to satisfy in any other manner, a debt,	2187
obligation, or liability of the company solely by reason of being	2188
a member or manager of the limited liability company.	2189

(C) Nothing in this chapter affects any personal liability of	2190
a member of a limited liability company or any manager of a	2191
limited liability company for the member's or manager's own	2192
actions or omissions.	2193

(D) This chapter does not affect any statutory or common law	2194
of this or another state that pertains to the relationship between	2195
an individual who renders a professional service and a recipient	2196
of that service, including, but not limited to, any contract or	2197
tort liability arising out of acts or omissions committed or	2198
omitted during the course of rendering the professional service.	2199

Sec. 2915.01. As used in this chapter:

2200

(A) "Bookmaking" means the business of receiving or paying	2201
off bets.	2202

(B) "Bet" means the hazarding of anything of value upon the	2203
result of an event, undertaking, or contingency, but does not	2204
include a bona fide business risk.	2205

(C) "Scheme of chance" means a slot machine, lottery, numbers	2206
game, pool conducted for profit, or other scheme in which a	2207
participant gives a valuable consideration for a chance to win a	2208
prize, but does not include bingo, a skill-based amusement	2209
machine, or a pool not conducted for profit.	2210

(D) "Game of chance" means poker, craps, roulette, or other	2211
game in which a player gives anything of value in the hope of	2212
gain, the outcome of which is determined largely by chance, but	2213
does not include bingo.	2214

(E) "Game of chance conducted for profit" means any game of	2215
chance designed to produce income for the person who conducts or	2216
operates the game of chance, but does not include bingo.	2217

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

2218

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

2219

(2) A ticket, token, or other device representing a chance,	2220
share, or interest in a scheme of chance or evidencing a bet;	2221

(3) A deck of cards, dice, gaming table, roulette wheel, slot	2222
machine, or other apparatus designed for use in connection with a	2223
game of chance;	2224

(4) Any equipment, device, apparatus, or paraphernalia	2225
specially designed for gambling purposes;	2226

(5) Bingo supplies sold or otherwise provided, or used, in	2227
violation of this chapter.	2228

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

2229

(1) A violation of section 2915.02, 2915.03, 2915.04,	2230
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	2231
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	2232

(2) A violation of an existing or former municipal ordinance	2233
or law of this or any other state or the United States	2234
substantially equivalent to any section listed in division (G)(1)	2235
of this section or a violation of section 2915.06 of the Revised	2236
Code as it existed prior to July 1, 1996;	2237

(3) An offense under an existing or former municipal	2238
ordinance or law of this or any other state or the United States,	2239
of which gambling is an element;	2240

(4) A conspiracy or attempt to commit, or complicity in	2241
committing, any offense under division (G)(1), (2), or (3) of this	2242
section.	2243

(H) Except as otherwise provided in this chapter, "charitable	2244
organization" means any tax exempt religious, educational,	2245
veteran's, fraternal, sporting, service, nonprofit medical,	2246
volunteer rescue service, volunteer firefighter's, senior	2247
citizen's, historic railroad educational, youth athletic, amateur	2248
athletic, or youth athletic park organization. An organization is	2249
tax exempt if the organization is, and has received from the	2250
internal revenue service a determination letter that currently is	2251
in effect stating that the organization is, exempt from federal	2252
income taxation under subsection 501(a) and described in	2253
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	2254
501(c)(19) of the Internal Revenue Code, or if the organization is	2255
a sporting organization that is exempt from federal income	2256
taxation under subsection 501(a) and is described in subsection	2257
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	2258
organization, an organization, except a volunteer rescue service	2259
or, volunteer firefighter's, veteran's, or fraternal organization,	2260
shall have been in continuous existence as such in this state for	2261
a period of two years immediately preceding either the making of	2262
an application for a bingo license under section 2915.08 of the	2263
Revised Code or the conducting of any game of chance as provided	2264
in division (D) of section 2915.02 or in section 2915.14 of the	2265
Revised Code. A charitable organization that is exempt from	2266
federal income taxation under subsection 501(a) and described in	2267
subsection 501(c)(3) of the Internal Revenue Code and that is	2268
created by a veteran's organization, a fraternal organization, or	2269
a sporting organization does not have to have been in continuous	2270
existence as such in this state for a period of two years	2271
immediately preceding either the making of an application for a	2272
bingo license under section 2915.08 of the Revised Code or the	2273
conducting of any game of chance as provided in division (D) of	2274
section 2915.02 or in section 2915.14 of the Revised Code.	2275

(I) "Religious organization" means any church, body of	2276
communicants, or group that is not organized or operated for	2277
profit and that gathers in common membership for regular worship	2278
and religious observances.	2279

(J) "Educational organization" means any organization within	2280
this state that is not organized for profit, the primary purpose	2281
of which is to educate and develop the capabilities of individuals	2282
through instruction by means of operating or contributing to the	2283
support of a school, academy, college, or university.	2284

(K) "Veteran's organization" means any individual post or	2285
state headquarters of a national veteran's association or an	2286
auxiliary unit of any individual post of a national veteran's	2287
association, which post, state headquarters, or auxiliary unit ~~has~~	2288
~~been in continuous existence in this state for at least two years~~	2289
~~and~~is incorporated as a nonprofit corporation and either has	2290
received a letter from the state headquarters of the national	2291
veteran's association indicating that the individual post or	2292
auxiliary unit is in good standing with the national veteran's	2293
association or has received a letter from the national veteran's	2294
association indicating that the state headquarters is in good	2295
standing with the national veteran's association. As used in this	2296
division, "national veteran's association" means any veteran's	2297
association that has been in continuous existence as such for a	2298
period of at least five years and either is incorporated by an act	2299
of the United States congress or has a national dues-paying	2300
membership of at least five thousand persons.	2301

(L) "Volunteer firefighter's organization" means any	2302
organization of volunteer firefighters, as defined in section	2303
146.01 of the Revised Code, that is organized and operated	2304
exclusively to provide financial support for a volunteer fire	2305
department or a volunteer fire company and that is recognized or	2306
ratified by a county, municipal corporation, or township.	2307

(M) "Fraternal organization" means any society, order, state	2308
headquarters, or association within this state, except a college	2309
or high school fraternity, that is not organized for profit, that	2310
is a branch, lodge, or chapter of a national or state	2311
organization, that exists exclusively for the common business or	2312
sodality of its members~~, and that has been in continuous existence~~	2313
~~in this state for a period of five years~~.	2314

(N) "Volunteer rescue service organization" means any	2315
organization of volunteers organized to function as an emergency	2316
medical service organization, as defined in section 4765.01 of the	2317
Revised Code.	2318

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

2319

(1) Any organization, not organized for profit, that is	2320
organized and operated exclusively to provide, or to contribute to	2321
the support of organizations or institutions organized and	2322
operated exclusively to provide, medical and therapeutic services	2323
for persons who are crippled, born with birth defects, or have any	2324
other mental or physical defect or those organized and operated	2325
exclusively to protect, or to contribute to the support of	2326
organizations or institutions organized and operated exclusively	2327
to protect, animals from inhumane treatment or provide immediate	2328
shelter to victims of domestic violence;	2329

(2) Any organization that is described in subsection	2330
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2331
and is either a governmental unit or an organization that is tax	2332
exempt under subsection 501(a) and described in subsection	2333
501(c)(3) of the Internal Revenue Code and that is an	2334
organization, not organized for profit, that is organized and	2335
operated primarily to provide, or to contribute to the support of	2336
organizations or institutions organized and operated primarily to	2337
provide, medical and therapeutic services for persons who are	2338
crippled, born with birth defects, or have any other mental or	2339
physical defect.	2340

(P) "Nonprofit medical organization" means either of the	2341
following:	2342

(1) Any organization that has been incorporated as a	2343
nonprofit corporation for at least five years and that has	2344
continuously operated and will be operated exclusively to provide,	2345
or to contribute to the support of organizations or institutions	2346
organized and operated exclusively to provide, hospital, medical,	2347
research, or therapeutic services for the public;	2348

(2) Any organization that is described and qualified under	2349
subsection 501(c)(3) of the Internal Revenue Code, that has been	2350
incorporated as a nonprofit corporation for at least five years,	2351
and that has continuously operated and will be operated primarily	2352
to provide, or to contribute to the support of organizations or	2353
institutions organized and operated primarily to provide,	2354
hospital, medical, research, or therapeutic services for the	2355
public.	2356

(Q) "Senior citizen's organization" means any private	2357
organization, not organized for profit, that is organized and	2358
operated exclusively to provide recreational or social services	2359
for persons who are fifty-five years of age or older and that is	2360
described and qualified under subsection 501(c)(3) of the Internal	2361
Revenue Code.	2362

(R) "Charitable bingo game" means any bingo game described in	2363
division (S)(1) or (2) of this section that is conducted by a	2364
charitable organization that has obtained a license pursuant to	2365
section 2915.08 of the Revised Code and the proceeds of which are	2366
used for a charitable purpose.	2367

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

2368

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

2369

(a) The participants use bingo cards or sheets, including	2370
paper formats and electronic representation or image formats, that	2371
are divided into twenty-five spaces arranged in five horizontal	2372
and five vertical rows of spaces, with each space, except the	2373
central space, being designated by a combination of a letter and a	2374
number and with the central space being designated as a free	2375
space.	2376

(b) The participants cover the spaces on the bingo cards or	2377
sheets that correspond to combinations of letters and numbers that	2378
are announced by a bingo game operator.	2379

(c) A bingo game operator announces combinations of letters	2380
and numbers that appear on objects that a bingo game operator	2381
selects by chance, either manually or mechanically, from a	2382
receptacle that contains seventy-five objects at the beginning of	2383
each game, each object marked by a different combination of a	2384
letter and a number that corresponds to one of the seventy-five	2385
possible combinations of a letter and a number that can appear on	2386
the bingo cards or sheets.	2387

(d) The winner of the bingo game includes any participant who	2388
properly announces during the interval between the announcements	2389
of letters and numbers as described in division (S)(1)(c) of this	2390
section, that a predetermined and preannounced pattern of spaces	2391
has been covered on a bingo card or sheet being used by the	2392
participant.	2393

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

2394

(T) "Conduct" means to back, promote, organize, manage, carry	2395
on, sponsor, or prepare for the operation of bingo or a game of	2396
chance.	2397

(U) "Bingo game operator" means any person, except security	2398
personnel, who performs work or labor at the site of bingo,	2399
including, but not limited to, collecting money from participants,	2400
handing out bingo cards or sheets or objects to cover spaces on	2401
bingo cards or sheets, selecting from a receptacle the objects	2402
that contain the combination of letters and numbers that appear on	2403
bingo cards or sheets, calling out the combinations of letters and	2404
numbers, distributing prizes, selling or redeeming instant bingo	2405
tickets or cards, supervising the operation of a punch board,	2406
selling raffle tickets, selecting raffle tickets from a receptacle	2407
and announcing the winning numbers in a raffle, and preparing,	2408
selling, and serving food or beverages.	2409

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

2410

(W) "Bingo session" means a period that includes both of the	2411
following:	2412

(1) Not to exceed five continuous hours for the conduct of	2413
one or more games described in division (S)(1) of this section,	2414
instant bingo, and seal cards;	2415

(2) A period for the conduct of instant bingo and seal cards	2416
for not more than two hours before and not more than two hours	2417
after the period described in division (W)(1) of this section.	2418

(X) "Gross receipts" means all money or assets, including	2419
admission fees, that a person receives from bingo without the	2420
deduction of any amounts for prizes paid out or for the expenses	2421
of conducting bingo. "Gross receipts" does not include any money	2422
directly taken in from the sale of food or beverages by a	2423
charitable organization conducting bingo, or by a bona fide	2424
auxiliary unit or society of a charitable organization conducting	2425
bingo, provided ~~all~~both of the following apply:	2426

(1) ~~The auxiliary unit or society has been in existence as a~~	2427
~~bona fide auxiliary unit or society of the charitable organization~~	2428
~~for at least two years prior to conducting bingo.~~	2429

~~(2)~~ The person who purchases the food or beverage receives	2430
nothing of value except the food or beverage and items customarily	2431
received with the purchase of that food or beverage.	2432

~~(3)~~(2) The food and beverages are sold at customary and	2433
reasonable prices.	2434

(Y) "Security personnel" includes any person who either is a	2435
sheriff, deputy sheriff, marshal, deputy marshal, township	2436
constable, or member of an organized police department of a	2437
municipal corporation or has successfully completed a peace	2438
officer's training course pursuant to sections 109.71 to 109.79 of	2439
the Revised Code and who is hired to provide security for the	2440
premises on which bingo is conducted.	2441

(Z) "Charitable purpose" means that the net profit of bingo,	2442
other than instant bingo, is used by, or is given, donated, or	2443
otherwise transferred to, any of the following:	2444

(1) Any organization that is described in subsection	2445
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2446
and is either a governmental unit or an organization that is tax	2447
exempt under subsection 501(a) and described in subsection	2448
501(c)(3) of the Internal Revenue Code;	2449

(2) A veteran's organization that is a post, chapter, or	2450
organization of veterans, or an auxiliary unit or society of, or a	2451
trust or foundation for, any such post, chapter, or organization	2452
organized in the United States or any of its possessions, at least	2453
seventy-five per cent of the members of which are veterans and	2454
substantially all of the other members of which are individuals	2455
who are spouses, widows, or widowers of veterans, or such	2456
individuals, provided that no part of the net earnings of such	2457
post, chapter, or organization inures to the benefit of any	2458
private shareholder or individual, and further provided that the	2459
net profit is used by the post, chapter, or organization for the	2460
charitable purposes set forth in division (B)(12) of section	2461
5739.02 of the Revised Code, is used for awarding scholarships to	2462
or for attendance at an institution mentioned in division (B)(12)	2463
of section 5739.02 of the Revised Code, is donated to a	2464
governmental agency, or is used for nonprofit youth activities,	2465
the purchase of United States or Ohio flags that are donated to	2466
schools, youth groups, or other bona fide nonprofit organizations,	2467
promotion of patriotism, or disaster relief;	2468

(3) A fraternal organization that has been in continuous	2469
existence in this state for fifteen years and that uses the net	2470
profit exclusively for religious, charitable, scientific,	2471
literary, or educational purposes, or for the prevention of	2472
cruelty to children or animals, if contributions for such use	2473
would qualify as a deductible charitable contribution under	2474
subsection 170 of the Internal Revenue Code;	2475

(4) A volunteer firefighter's organization that uses the net	2476
profit for the purposes set forth in division (L) of this section.	2477

(AA) "Internal Revenue Code" means the "Internal Revenue Code	2478
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	2479
amended.	2480

(BB) "Youth athletic organization" means any organization,	2481
not organized for profit, that is organized and operated	2482
exclusively to provide financial support to, or to operate,	2483
athletic activities for persons who are twenty-one years of age or	2484
younger by means of sponsoring, organizing, operating, or	2485
contributing to the support of an athletic team, club, league, or	2486
association.	2487

(CC) "Youth athletic park organization" means any	2488
organization, not organized for profit, that satisfies both of the	2489
following:	2490

(1) It owns, operates, and maintains playing fields that	2491
satisfy both of the following:	2492

(a) The playing fields are used at least one hundred days per	2493
year for athletic activities by one or more organizations, not	2494
organized for profit, each of which is organized and operated	2495
exclusively to provide financial support to, or to operate,	2496
athletic activities for persons who are eighteen years of age or	2497
younger by means of sponsoring, organizing, operating, or	2498
contributing to the support of an athletic team, club, league, or	2499
association.	2500

(b) The playing fields are not used for any profit-making	2501
activity at any time during the year.	2502

(2) It uses the proceeds of bingo it conducts exclusively for	2503
the operation, maintenance, and improvement of its playing fields	2504
of the type described in division (CC)(1) of this section.	2505

(DD) "Amateur athletic organization" means any organization,	2506
not organized for profit, that is organized and operated	2507
exclusively to provide financial support to, or to operate,	2508
athletic activities for persons who are training for amateur	2509
athletic competition that is sanctioned by a national governing	2510
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	2511
3045, 36 U.S.C.A. 373.	2512

(EE) "Bingo supplies" means bingo cards or sheets; instant	2513
bingo tickets or cards; electronic bingo aids; raffle tickets;	2514
punch boards; seal cards; instant bingo ticket dispensers; ~~and~~	2515
devices for selecting or displaying the combination of bingo	2516
letters and numbers or raffle tickets; and durable bingo	2517
equipment. Items that are "bingo supplies" are not gambling	2518
devices if sold or otherwise provided, and used, in accordance	2519
with this chapter. For purposes of this chapter, "bingo supplies"	2520
are not to be considered equipment, such as tables and chairs,	2521
used to conduct a bingo game.	2522

(FF) "Instant bingo" means a form of bingo that uses folded	2523
or banded tickets or paper cards with perforated break-open tabs,	2524
a face of which is covered or otherwise hidden from view to	2525
conceal a number, letter, or symbol, or set of numbers, letters,	2526
or symbols, some of which have been designated in advance as prize	2527
winners, and games in which winners are determined by the random	2528
selection of one or more bingo numbers, by the use of a seal card	2529
or bingo blower. "Instant bingo" includes seal cards. "Instant	2530
bingo" does not include any device that is activated by the	2531
insertion of a coin, currency, token, or an equivalent, and that	2532
contains as one of its components a video display monitor that is	2533
capable of displaying numbers, letters, symbols, or characters in	2534
winning or losing combinations.	2535

(GG) "Seal card" means a form of instant bingo that uses	2536
instant bingo tickets in conjunction with a board or placard that	2537
contains one or more seals that, when removed or opened, reveal	2538
predesignated winning numbers, letters, or symbols.	2539

(HH) "Raffle" means a form of bingo in which the one or more	2540
prizes are won by one or more persons who have purchased a raffle	2541
ticket. The one or more winners of the raffle are determined by	2542
drawing a ticket stub or other detachable section from a	2543
receptacle containing ticket stubs or detachable sections	2544
corresponding to all tickets sold for the raffle.	2545

(II) "Punch board" means a board containing a number of holes	2546
or receptacles of uniform size in which are placed, mechanically	2547
and randomly, serially numbered slips of paper that may be punched	2548
or drawn from the hole or receptacle when used in conjunction with	2549
instant bingo. A player may punch or draw the numbered slips of	2550
paper from the holes or receptacles and obtain the prize	2551
established for the game if the number drawn corresponds to a	2552
winning number or, if the punch board includes the use of a seal	2553
card, a potential winning number.	2554

(JJ) "Gross profit" means gross receipts minus the amount	2555
actually expended for the payment of prize awards.	2556

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

2557

(LL) "Expenses" means the reasonable amount of gross profit	2558
actually expended for all of the following:	2559

(1) The purchase or lease of bingo supplies;

2560

(2) The annual license fee required under section 2915.08 of	2561
the Revised Code;	2562

(3) Bank fees and service charges for a bingo session or game	2563
account described in section 2915.10 of the Revised Code;	2564

(4) Audits and accounting services;

2565

(5) Safes;

2566

(6) Cash registers;

2567

(7) Hiring security personnel;

2568

(8) Advertising bingo;

2569

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

2570

(10) Tables and chairs;

2571

(11) Expenses for maintaining and operating a charitable	2572
organization's facilities, including, but not limited to, a post	2573
home, club house, lounge, tavern, or canteen and any grounds	2574
attached to the post home, club house, lounge, tavern, or canteen;	2575

(12) Payment of real property taxes and assessments that are	2576
levied on a premises on which bingo is conducted;	2577

(13) Any other product or service directly related to the	2578
conduct of bingo that is authorized in rules adopted by the	2579
attorney general under division (B)(1) of section 2915.08 of the	2580
Revised Code.	2581

(MM) "Person" has the same meaning as in section 1.59 of the	2582
Revised Code and includes any firm or any other legal entity,	2583
however organized.	2584

(NN) "Revoke" means to void permanently all rights and	2585
privileges of the holder of a license issued under section	2586
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	2587
gaming license issued by another jurisdiction.	2588

(OO) "Suspend" means to interrupt temporarily all rights and	2589
privileges of the holder of a license issued under section	2590
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	2591
gaming license issued by another jurisdiction.	2592

(PP) "Distributor" means any person who purchases or obtains	2593
bingo supplies and who does either of the following:	2594

(1) Sells, offers for sale, or otherwise provides or offers	2595
to provide the bingo supplies to another person for use in this	2596
state;	2597

(2) Modifies, converts, adds to, or removes parts from the	2598
bingo supplies to further their promotion or sale for use in this	2599
state.	2600

(QQ) "Manufacturer" means any person who assembles completed	2601
bingo supplies from raw materials, other items, or subparts or who	2602
modifies, converts, adds to, or removes parts from bingo supplies	2603
to further their promotion or sale.	2604

(RR) "Gross annual revenues" means the annual gross receipts	2605
derived from the conduct of bingo described in division (S)(1) of	2606
this section plus the annual net profit derived from the conduct	2607
of bingo described in division (S)(2) of this section.	2608

(SS) "Instant bingo ticket dispenser" means a mechanical	2609
device that dispenses an instant bingo ticket or card as the sole	2610
item of value dispensed and that has the following	2611
characteristics:	2612

(1) It is activated upon the insertion of United States	2613
currency.	2614

(2) It performs no gaming functions.

2615

(3) It does not contain a video display monitor or generate	2616
noise.	2617

(4) It is not capable of displaying any numbers, letters,	2618
symbols, or characters in winning or losing combinations.	2619

(5) It does not simulate or display rolling or spinning	2620
reels.	2621

(6) It is incapable of determining whether a dispensed bingo	2622
ticket or card is a winning or nonwinning ticket or card and	2623
requires a winning ticket or card to be paid by a bingo game	2624
operator.	2625

(7) It may provide accounting and security features to aid in	2626
accounting for the instant bingo tickets or cards it dispenses.	2627

(8) It is not part of an electronic network and is not	2628
interactive.	2629

(TT)(1) "Electronic bingo aid" means an electronic device	2630
used by a participant to monitor bingo cards or sheets purchased	2631
at the time and place of a bingo session and that does all of the	2632
following:	2633

(a) It provides a means for a participant to input numbers	2634
and letters announced by a bingo caller.	2635

(b) It compares the numbers and letters entered by the	2636
participant to the bingo faces previously stored in the memory of	2637
the device.	2638

2639

(2) "Electronic bingo aid" does not include any device into	2640
which a coin, currency, token, or an equivalent is inserted to	2641
activate play.	2642

(UU) "Deal of instant bingo tickets" means a single game of	2643
instant bingo tickets all with the same serial number.	2644

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

2645

(a) Any mechanical, electronic, video, or digital device that	2646
is capable of accepting anything of value, directly or indirectly,	2647
from or on behalf of a player who gives the thing of value in the	2648
hope of gain;	2649

(b) Any mechanical, electronic, video, or digital device that	2650
is capable of accepting anything of value, directly or indirectly,	2651
from or on behalf of a player to conduct ~~or dispense~~ bingo or a	2652
scheme or game of chance.	2653

(2) "Slot machine" does not include a skill-based amusement	2654
machine or an instant bingo ticket dispenser.	2655

(WW) "Net profit from the proceeds of the sale of instant	2656
bingo" means gross profit minus the ordinary, necessary, and	2657
reasonable expense expended for the purchase of instant bingo	2658
supplies and in the case of instant bingo conducted by a	2659
veteran's, fraternal, or sporting organization, the payment by a	2660
veteran's, fraternal, or sporting organization of real property	2661
taxes and assessments levied on the premises in which instant	2662
bingo is conducted.	2663

(XX) "Charitable instant bingo organization" means an	2664
organization that is exempt from federal income taxation under	2665
subsection 501(a) and described in subsection 501(c)(3) of the	2666
Internal Revenue Code and is a charitable organization as defined	2667
in this section. A "charitable instant bingo organization" does	2668
not include a charitable organization that is exempt from federal	2669
income taxation under subsection 501(a) and described in	2670
subsection 501(c)(3) of the Internal Revenue Code and that is	2671
created by a veteran's organization, a fraternal organization, or	2672
a sporting organization in regards to bingo conducted or assisted	2673
by a veteran's organization, a fraternal organization, or a	2674
sporting organization pursuant to section 2915.13 of the Revised	2675
Code.	2676

(YY) "Game flare" means the board or placard that accompanies	2677
each deal of instant bingo tickets and that has printed on or	2678
affixed to it the following information for the game:	2679

(1) The name of the game;

2680

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

2681

(3) The form number;

2682

(4) The ticket count;

2683

(5) The prize structure, including the number of winning	2684
instant bingo tickets by denomination and the respective winning	2685
symbol or number combinations for the winning instant bingo	2686
tickets;	2687

(6) The cost per play;

2688

(7) The serial number of the game.

2689

(ZZ) "Historic railroad educational organization" means an	2690
organization that is exempt from federal income taxation under	2691
subsection 501(a) and described in subsection 501(c)(3) of the	2692
Internal Revenue Code, that owns in fee simple the tracks and the	2693
right of way of a historic railroad that the organization restores	2694
or maintains and on which the organization provides excursions as	2695
part of a program to promote tourism and educate visitors	2696
regarding the role of railroad transportation in Ohio history, and	2697
that received as donations from a charitable organization that	2698
holds a license to conduct bingo under this chapter an amount	2699
equal to at least fifty per cent of that licensed charitable	2700
organization's net proceeds from the conduct of bingo during each	2701
of the five years preceding June 30, 2003. "Historic railroad"	2702
means all or a portion of the tracks and right-of-way of a	2703
railroad that was owned and operated by a for-profit common	2704
carrier in this state at any time prior to January 1, 1950.	2705

(AAA)(1) "Skill-based amusement machine" means a mechanical,	2706
video, digital, or electronic device that rewards the player or	2707
players, if at all, only with merchandise prizes or with	2708
redeemable vouchers redeemable only for merchandise prizes,	2709
provided that with respect to rewards for playing the game all of	2710
the following apply:	2711

(a) The wholesale value of a merchandise prize awarded as a	2712
result of the single play of a machine does not exceed ten	2713
dollars;	2714

(b) Redeemable vouchers awarded for any single play of a	2715
machine are not redeemable for a merchandise prize with a	2716
wholesale value of more than ten dollars;	2717

(c) Redeemable vouchers are not redeemable for a merchandise	2718
prize that has a wholesale value of more than ten dollars times	2719
the fewest number of single plays necessary to accrue the	2720
redeemable vouchers required to obtain that prize; and	2721

(d) Any redeemable vouchers or merchandise prizes are	2722
distributed at the site of the skill-based amusement machine at	2723
the time of play.	2724

(2) A device shall not be considered a skill-based amusement	2725
machine and shall be considered a slot machine if it pays cash or	2726
one or more of the following apply:	2727

(a) The ability of a player to succeed at the game is	2728
impacted by the number or ratio of prior wins to prior losses of	2729
players playing the game.	2730

(b) Any reward of redeemable vouchers is not based solely on	2731
the player achieving the object of the game or the player's score;	2732

(c) The outcome of the game, or the value of the redeemable	2733
voucher or merchandise prize awarded for winning the game, can be	2734
controlled by a source other than any player playing the game.	2735

(d) The success of any player is or may be determined by a	2736
chance event that cannot be altered by player actions.	2737

(e) The ability of any player to succeed at the game is	2738
determined by game features not visible or known to the player.	2739

(f) The ability of the player to succeed at the game is	2740
impacted by the exercise of a skill that no reasonable player	2741
could exercise.	2742

(3) All of the following apply to any machine that is	2743
operated as described in division (AAA)(1) of this section:	2744

(a) As used in this section, "game" and "play" mean one event	2745
from the initial activation of the machine until the results of	2746
play are determined without payment of additional consideration.	2747
An individual utilizing a machine that involves a single game,	2748
play, contest, competition, or tournament may be awarded	2749
redeemable vouchers or merchandise prizes based on the results of	2750
play.	2751

(b) Advance play for a single game, play, contest,	2752
competition, or tournament participation may be purchased. The	2753
cost of the contest, competition, or tournament participation may	2754
be greater than a single noncontest, competition, or tournament	2755
play.	2756

(c) To the extent that the machine is used in a contest,	2757
competition, or tournament, that contest, competition, or	2758
tournament has a defined starting and ending date and is open to	2759
participants in competition for scoring and ranking results toward	2760
the awarding of redeemable vouchers or merchandise prizes that are	2761
stated prior to the start of the contest, competition, or	2762
tournament.	2763

(4) For purposes of division (AAA)(1) of this section, the	2764
mere presence of a device, such as a pin-setting, ball-releasing,	2765
or scoring mechanism, that does not contribute to or affect the	2766
outcome of the play of the game does not make the device a	2767
skill-based amusement machine.	2768

(BBB) "Merchandise prize" means any item of value, but shall	2769
not include any of the following:	2770

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

2771

(2) Plays on games of chance, state lottery tickets, bingo,	2772
or instant bingo;	2773

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

2774

(4) A redeemable voucher that is redeemable for any of the	2775
items listed in division (BBB)(1), (2), or (3) of this section.	2776

(CCC) "Redeemable voucher" means any ticket, token, coupon,	2777
receipt, or other noncash representation of value.	2778

(DDD) "Pool not conducted for profit" means a scheme in which	2779
a participant gives a valuable consideration for a chance to win a	2780
prize and the total amount of consideration wagered is distributed	2781
to a participant or participants.	2782

(EEE) "Sporting organization" means a hunting, fishing, or	2783
trapping organization, other than a college or high school	2784
fraternity or sorority, that is not organized for profit, that is	2785
affiliated with a state or national sporting organization,	2786
including but not limited to, the Ohio league of sportsmen, and	2787
that has been in continuous existence in this state for a period	2788
of three years.	2789

(FFF) "Community action agency" has the same meaning as in	2790
section 122.66 of the Revised Code.	2791

(GGG) "Durable bingo equipment" means the following:

2792

(1) A bingo ball, which is a ball imprinted with numbers and	2793
letters used in the selection process of a bingo game;	2794

(2) A bingo or flash board, which are display boards, usually	2795
electronic, that display numbers and letters after the numbers and	2796
letters are called;	2797

(3) A bingo machine, which is a type of selection device with	2798
a receptacle, or hopper, for the unselected bingo balls, a blower	2799
for selecting the balls, and a ball tray that contains	2800
seventy-five holes in which to place the ball once it is called;	2801

(4) A bingo blower, which is a forced-air device that mixes	2802
the bingo balls and dispenses them to the bingo game operator;	2803

(5) Card minding device, which is a mechanical, electronic,	2804
electromechanical, or computerized device that is interfaced with	2805
or connected to equipment used to conduct a bingo game and that	2806
allows a player to store, display, and mark a bingo card face;	2807

(6) Audio-visual equipment, which is electronic equipment	2808
used to play bingo, such as a display monitor.	2809

(HHH) "Permitted location" means a facility with a charity	2810
card room in which a person holds a permit to conduct pari-mutuel	2811
wagering on horse racing and is authorized by section 3769.08 of	2812
the Revised Code to conduct and supervise the pari-mutuel system	2813
of wagering by patrons of legal age on the live racing programs	2814
and simulcast racing programs conducted by the permit holder.	2815

(III) "Charity card room" means a facility at a permitted	2816
location that offers games of chance conducted by a charitable	2817
organization.	2818

Sec. 2915.02. (A) No person shall do any of the following:

2819

(1) Engage in bookmaking, or knowingly engage in conduct that	2820
facilitates bookmaking;	2821

(2) Establish, promote, or operate or knowingly engage in	2822
conduct that facilitates any game of chance conducted for profit	2823
or any scheme of chance;	2824

(3) Knowingly procure, transmit, exchange, or engage in	2825
conduct that facilitates the procurement, transmission, or	2826
exchange of information for use in establishing odds or	2827
determining winners in connection with bookmaking or with any game	2828
of chance conducted for profit or any scheme of chance;	2829

(4) Engage in betting or in playing any scheme or game of	2830
chance as a substantial source of income or livelihood;	2831

(5) With purpose to violate division (A)(1), (2), (3), or (4)	2832
of this section, acquire, possess, control, or operate any	2833
gambling device.	2834

(B) For purposes of division (A)(1) of this section, a person	2835
facilitates bookmaking if the person in any way knowingly aids an	2836
illegal bookmaking operation, including, without limitation,	2837
placing a bet with a person engaged in or facilitating illegal	2838
bookmaking. For purposes of division (A)(2) of this section, a	2839
person facilitates a game of chance conducted for profit or a	2840
scheme of chance if the person in any way knowingly aids in the	2841
conduct or operation of any such game or scheme, including,	2842
without limitation, playing any such game or scheme.	2843

(C) This section does not prohibit conduct in connection with	2844
gambling expressly permitted by law.	2845

(D) This section does not apply to any of the following:

2846

(1) Games of chance, if all of the following apply:

2847

(a) The games of chance are not craps for money or roulette	2848
for money.	2849

(b) The games of chance are conducted by a charitable	2850
organization that is, and has received from the internal revenue	2851
service a determination letter that is currently in effect,	2852
stating that the organization is, exempt from federal income	2853
taxation under subsection 501(a) and described in subsection	2854
501(c)(3) of the Internal Revenue Code.	2855

(c) The games of chance are conducted at festivals of the	2856
charitable organization that are conducted either for a period of	2857
four consecutive days or less and not more than twice a year or	2858
for a period of five consecutive days not more than once a year,	2859
and are conducted on premises owned by the charitable organization	2860
for a period of no less than one year immediately preceding the	2861
conducting of the games of chance, on premises leased from a	2862
governmental unit, or on premises that are leased from a veteran's	2863
or fraternal organization and that have been owned by the lessor	2864
veteran's or fraternal organization for a period of no less than	2865
one year immediately preceding the conducting of the games of	2866
chance.	2867

A charitable organization shall not lease premises from a	2868
veteran's or fraternal organization to conduct a festival	2869
described in division (D)(1)(c) of this section if the veteran's	2870
or fraternal organization already has leased the premises ~~four~~	2871
twelve times during the preceding year to charitable organizations	2872
for that purpose. If a charitable organization leases premises	2873
from a veteran's or fraternal organization to conduct a festival	2874
described in division (D)(1)(c) of this section, the charitable	2875
organization shall not pay a rental rate for the premises per day	2876
of the festival that exceeds the rental rate per bingo session	2877
that a charitable organization may pay under division (B)(1) of	2878
section 2915.09 of the Revised Code when it leases premises from	2879
another charitable organization to conduct bingo games.	2880

(d) All of the money or assets received from the games of	2881
chance after deduction only of prizes paid out during the conduct	2882
of the games of chance are used by, or given, donated, or	2883
otherwise transferred to, any organization that is described in	2884
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	2885
Revenue Code and is either a governmental unit or an organization	2886
that is tax exempt under subsection 501(a) and described in	2887
subsection 501(c)(3) of the Internal Revenue Code;	2888

(e) The games of chance are not conducted during, or within	2889
ten hours of, a bingo game conducted for amusement purposes only	2890
pursuant to section 2915.12 of the Revised Code.	2891

No person shall receive any commission, wage, salary, reward,	2892
tip, donation, gratuity, or other form of compensation, directly	2893
or indirectly, for operating or assisting in the operation of any	2894
game of chance.	2895

(2) Any tag fishing tournament operated under a permit issued	2896
under section 1533.92 of the Revised Code, as "tag fishing	2897
tournament" is defined in section 1531.01 of the Revised Code;	2898

(3) Bingo conducted by a charitable organization that holds a	2899
license issued under section 2915.08 of the Revised Code.	2900

(E) Division (D) of this section shall not be construed to	2901
authorize the sale, lease, or other temporary or permanent	2902
transfer of the right to conduct games of chance, as granted by	2903
that division, by any charitable organization that is granted that	2904
right.	2905

(F) Whoever violates this section is guilty of gambling, a	2906
misdemeanor of the first degree. If the offender previously has	2907
been convicted of any gambling offense, gambling is a felony of	2908
the fifth degree.	2909

Sec. 2915.08. (A)(1) Annually before the first day of	2910
January, a charitable organization that desires to conduct bingo,	2911
instant bingo at a bingo session, or instant bingo other than at a	2912
bingo session shall make out, upon a form to be furnished by the	2913
attorney general for that purpose, an application for a license to	2914
conduct bingo, instant bingo at a bingo session, or instant bingo	2915
other than at a bingo session and deliver that application to the	2916
attorney general together with a license fee as follows:	2917

(a) Except as otherwise provided in this division, for a	2918
license for the conduct of bingo, two hundred dollars;	2919

(b) For a license for the conduct of instant bingo at a bingo	2920
session or instant bingo other than at a bingo session for a	2921
charitable organization that previously has not been licensed	2922
under this chapter to conduct instant bingo at a bingo session or	2923
instant bingo other than at a bingo session, a license fee of five	2924
hundred dollars, and for any other charitable organization, a	2925
license fee that is based upon the gross profits received by the	2926
charitable organization from the operation of instant bingo at a	2927
bingo session or instant bingo other than at a bingo session,	2928
during the one-year period ending on the thirty-first day of	2929
October of the year immediately preceding the year for which the	2930
license is sought, and that is one of the following:	2931

(i) Five hundred dollars, if the total is fifty thousand	2932
dollars or less;	2933

(ii) One thousand two hundred fifty dollars plus one-fourth	2934
per cent of the gross profit, if the total is more than fifty	2935
thousand dollars but less than two hundred fifty thousand one	2936
dollars;	2937

(iii) Two thousand two hundred fifty dollars plus one-half	2938
per cent of the gross profit, if the total is more than two	2939
hundred fifty thousand dollars but less than five hundred thousand	2940
one dollars;	2941

(iv) Three thousand five hundred dollars plus one per cent of	2942
the gross profit, if the total is more than five hundred thousand	2943
dollars but less than one million one dollars;	2944

(v) Five thousand dollars plus one per cent of the gross	2945
profit, if the total is one million one dollars or more;	2946

(c) A reduced license fee established by the attorney general	2947
pursuant to division (G) of this section.	2948

(d) For a license to conduct bingo for a charitable	2949
organization that prior to ~~the effective date of this amendment~~	2950
July 1, 2003, has not been licensed under this chapter to conduct	2951
bingo, instant bingo at a bingo session, or instant bingo other	2952
than at a bingo session, a license fee established by rule by the	2953
attorney general in accordance with division (H) of this section.	2954

(2) The application shall be in the form prescribed by the	2955
attorney general, shall be signed and sworn to by the applicant,	2956
and shall contain all of the following:	2957

(a) The name and post-office address of the applicant;

2958

(b) A statement that the applicant is a charitable	2959
organization and that, if applicable, it has been in continuous	2960
existence as a charitable organization in this state for two years	2961
immediately preceding the making of the application or for five	2962
years in the case of ~~a fraternal organization or~~ a nonprofit	2963
medical organization;	2964

(c) The location at which the organization will conduct	2965
bingo, which location shall be within the county in which the	2966
principal place of business of the applicant is located, the days	2967
of the week and the times on each of those days when bingo will be	2968
conducted, whether the organization owns, leases, or subleases the	2969
premises, and a copy of the rental agreement if it leases or	2970
subleases the premises;	2971

(d) A statement of the applicant's previous history, record,	2972
and association that is sufficient to establish that the applicant	2973
is a charitable organization, and a copy of a determination letter	2974
that is issued by the Internal Revenue Service and states that the	2975
organization is tax exempt under subsection 501(a) and described	2976
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	2977
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	2978

(e) A statement as to whether the applicant has ever had any	2979
previous application refused, whether it previously has had a	2980
license revoked or suspended, and the reason stated by the	2981
attorney general for the refusal, revocation, or suspension;	2982

(f) A statement of the charitable purposes for which the net	2983
profit derived from bingo, other than instant bingo, will be used,	2984
and a statement of how the net profit derived from instant bingo	2985
will be distributed in accordance with section 2915.101 of the	2986
Revised Code;	2987

(g) Other necessary and reasonable information that the	2988
attorney general may require by rule adopted pursuant to section	2989
111.15 of the Revised Code;	2990

(h) If the applicant is a charitable trust as defined in	2991
section 109.23 of the Revised Code, a statement as to whether it	2992
has registered with the attorney general pursuant to section	2993
109.26 of the Revised Code or filed annual reports pursuant to	2994
section 109.31 of the Revised Code, and, if it is not required to	2995
do either, the exemption in section 109.26 or 109.31 of the	2996
Revised Code that applies to it;	2997

(i) If the applicant is a charitable organization as defined	2998
in section 1716.01 of the Revised Code, a statement as to whether	2999
it has filed with the attorney general a registration statement	3000
pursuant to section 1716.02 of the Revised Code and a financial	3001
report pursuant to section 1716.04 of the Revised Code, and, if it	3002
is not required to do both, the exemption in section 1716.03 of	3003
the Revised Code that applies to it;	3004

(j) In the case of an applicant seeking to qualify as a youth	3005
athletic park organization, a statement issued by a board or body	3006
vested with authority under Chapter 755. of the Revised Code for	3007
the supervision and maintenance of recreation facilities in the	3008
territory in which the organization is located, certifying that	3009
the playing fields owned by the organization were used for at	3010
least one hundred days during the year in which the statement is	3011
issued, and were open for use to all residents of that territory,	3012
regardless of race, color, creed, religion, sex, or national	3013
origin, for athletic activities by youth athletic organizations	3014
that do not discriminate on the basis of race, color, creed,	3015
religion, sex, or national origin, and that the fields were not	3016
used for any profit-making activity at any time during the year.	3017
That type of board or body is authorized to issue the statement	3018
upon request and shall issue the statement if it finds that the	3019
applicant's playing fields were so used.	3020

(3) The attorney general, within thirty days after receiving	3021
a timely filed application from a charitable organization that has	3022
been issued a license under this section that has not expired and	3023
has not been revoked or suspended, shall send a temporary permit	3024
to the applicant specifying the date on which the application was	3025
filed with the attorney general and stating that, pursuant to	3026
section 119.06 of the Revised Code, the applicant may continue to	3027
conduct bingo until a new license is granted or, if the	3028
application is rejected, until fifteen days after notice of the	3029
rejection is mailed to the applicant. The temporary permit does	3030
not affect the validity of the applicant's application and does	3031
not grant any rights to the applicant except those rights	3032
specifically granted in section 119.06 of the Revised Code. The	3033
issuance of a temporary permit by the attorney general pursuant to	3034
this division does not prohibit the attorney general from	3035
rejecting the applicant's application because of acts that the	3036
applicant committed, or actions that the applicant failed to take,	3037
before or after the issuance of the temporary permit.	3038

(4) Within thirty days after receiving an initial license	3039
application from a charitable organization to conduct bingo,	3040
instant bingo at a bingo session, or instant bingo other than at a	3041
bingo session, the attorney general shall conduct a preliminary	3042
review of the application and notify the applicant regarding any	3043
deficiencies. Once an application is deemed complete, or beginning	3044
on the thirtieth day after the application is filed, if the	3045
attorney general failed to notify the applicant of any	3046
deficiencies, the attorney general shall have an additional sixty	3047
days to conduct an investigation and either grant or deny the	3048
application based on findings established and communicated in	3049
accordance with divisions (B) and (E) of this section. As an	3050
option to granting or denying an initial license application, the	3051
attorney general may grant a temporary license and request	3052
additional time to conduct the investigation if the attorney	3053
general has cause to believe that additional time is necessary to	3054
complete the investigation and has notified the applicant in	3055
writing about the specific concerns raised during the	3056
investigation.	3057

(B)(1) The attorney general shall adopt rules to enforce	3058
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	3059
Code to ensure that bingo or instant bingo is conducted in	3060
accordance with those sections and to maintain proper control over	3061
the conduct of bingo or instant bingo. The rules, except rules	3062
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	3063
shall be adopted pursuant to Chapter 119. of the Revised Code. The	3064
attorney general shall license charitable organizations to conduct	3065
bingo, instant bingo at a bingo session, or instant bingo other	3066
than at a bingo session in conformance with this chapter and with	3067
the licensing provisions of Chapter 119. of the Revised Code.	3068

(2) The attorney general may refuse to grant a license to any	3069
organization, or revoke or suspend the license of any	3070
organization, that does any of the following or to which any of	3071
the following applies:	3072

(a) Fails or has failed at any time to meet any requirement	3073
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	3074
2915.11 of the Revised Code, or violates or has violated any	3075
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	3076
Code or any rule adopted by the attorney general pursuant to this	3077
section;	3078

(b) Makes or has made an incorrect or false statement that is	3079
material to the granting of the license in an application filed	3080
pursuant to division (A) of this section;	3081

(c) Submits or has submitted any incorrect or false	3082
information relating to an application if the information is	3083
material to the granting of the license;	3084

(d) Maintains or has maintained any incorrect or false	3085
information that is material to the granting of the license in the	3086
records required to be kept pursuant to divisions (A) and (C) of	3087
section 2915.10 of the Revised Code, if applicable;	3088

(e) The attorney general has good cause to believe that the	3089
organization will not conduct bingo, instant bingo at a bingo	3090
session, or instant bingo other than at a bingo session in	3091
accordance with sections 2915.07 to 2915.13 of the Revised Code or	3092
with any rule adopted by the attorney general pursuant to this	3093
section.	3094

(3) For the purposes of division (B) of this section, any	3095
action of an officer, trustee, agent, representative, or bingo	3096
game operator of an organization is an action of the organization.	3097

(C) The attorney general may grant licenses to charitable	3098
organizations that are branches, lodges, or chapters of national	3099
charitable organizations.	3100

(D) The attorney general shall send notice in writing to the	3101
prosecuting attorney and sheriff of the county in which the	3102
organization will conduct bingo, instant bingo at a bingo session,	3103
or instant bingo other than at a bingo session, as stated in its	3104
application for a license or amended license, and to any other law	3105
enforcement agency in that county that so requests, of all of the	3106
following:	3107

(1) The issuance of the license;

3108

(2) The issuance of the amended license;

3109

(3) The rejection of an application for and refusal to grant	3110
a license;	3111

(4) The revocation of any license previously issued;

3112

(5) The suspension of any license previously issued.

3113

(E) A license issued by the attorney general shall set forth	3114
the information contained on the application of the charitable	3115
organization that the attorney general determines is relevant,	3116
including, but not limited to, the location at which the	3117
organization will conduct bingo, instant bingo at a bingo session,	3118
or instant bingo other than at a bingo session and the days of the	3119
week and the times on each of those days when bingo will be	3120
conducted. If the attorney general refuses to grant or revokes or	3121
suspends a license, the attorney general shall notify the	3122
applicant in writing and specifically identify the reason for the	3123
refusal, revocation, or suspension in narrative form and, if	3124
applicable, by identifying the section of the Revised Code	3125
violated. The failure of the attorney general to give the written	3126
notice of the reasons for the refusal, revocation, or suspension	3127
or a mistake in the written notice does not affect the validity of	3128
the attorney general's refusal to grant, or the revocation or	3129
suspension of, a license. If the attorney general fails to give	3130
the written notice or if there is a mistake in the written notice,	3131
the applicant may bring an action to compel the attorney general	3132
to comply with this division or to correct the mistake, but the	3133
attorney general's order refusing to grant, or revoking or	3134
suspending, a license shall not be enjoined during the pendency of	3135
the action.	3136

(F) A charitable organization that has been issued a license	3137
pursuant to division (B) of this section but that cannot conduct	3138
bingo or instant bingo at the location, or on the day of the week	3139
or at the time, specified on the license due to circumstances that	3140
make it impractical to do so may apply in writing, together with	3141
an application fee of two hundred fifty dollars, to the attorney	3142
general, at least thirty days prior to a change in location, day	3143
of the week, or time, and request an amended license. The	3144
application shall describe the causes making it impractical for	3145
the organization to conduct bingo or instant bingo in conformity	3146
with its license and shall indicate the location, days of the	3147
week, and times on each of those days when it desires to conduct	3148
bingo or instant bingo. Except as otherwise provided in this	3149
division, the attorney general shall issue the amended license in	3150
accordance with division (E) of this section, and the organization	3151
shall surrender its original license to the attorney general. The	3152
attorney general may refuse to grant an amended license according	3153
to the terms of division (B) of this section.	3154

(G) The attorney general, by rule adopted pursuant to section	3155
111.15 of the Revised Code, shall establish a schedule of reduced	3156
license fees for charitable organizations that desire to conduct	3157
bingo or instant bingo during fewer than twenty-six weeks in any	3158
calendar year.	3159

(H) The attorney general, by rule adopted pursuant to section	3160
111.15 of the Revised Code, shall establish license fees for the	3161
conduct of bingo, instant bingo at a bingo session, or instant	3162
bingo other than at a bingo session for charitable organizations	3163
that prior to ~~the effective date of this amendment~~July 1, 2003,	3164
have not been licensed to conduct bingo, instant bingo at a bingo	3165
session, or instant bingo other than at a bingo session under this	3166
chapter.	3167

(I) The attorney general may enter into a written contract	3168
with any other state agency to delegate to that state agency the	3169
powers prescribed to the attorney general under Chapter 2915. of	3170
the Revised Code.	3171

(J) The attorney general, by rule adopted pursuant to section	3172
111.15 of the Revised Code, may adopt rules to determine the	3173
requirements for a charitable organization that is exempt from	3174
federal income taxation under subsection 501(a) and described in	3175
subsection 501(c)(3) of the Internal Revenue Code to be in good	3176
standing in the state.	3177

Sec. 2915.09. (A) No charitable organization that conducts	3178
bingo shall fail to do any of the following:	3179

(1) Own all of the equipment used to conduct bingo or lease	3180
that equipment from a charitable organization that is licensed to	3181
conduct bingo, or, for durable bingo equipment, from the landlord	3182
of a premises where bingo is conducted, for a rental rate that is	3183
not more than is customary and reasonable for that equipment;	3184

(2) Except as otherwise provided in division (A)(3) of this	3185
section, use all of the gross receipts from bingo for paying	3186
prizes, for reimbursement of expenses for or for renting premises	3187
in which to conduct a bingo session, for reimbursement of expenses	3188
for or for purchasing or leasing bingo supplies used in conducting	3189
bingo, for reimbursement of expenses for or for hiring security	3190
personnel, for reimbursement of expenses for or for advertising	3191
bingo, or for reimbursement of other expenses or for other	3192
expenses listed in division (LL) of section 2915.01 of the Revised	3193
Code, provided that the amount of the receipts so spent is not	3194
more than is customary and reasonable for a similar purchase,	3195
lease, hiring, advertising, or expense. If the building in which	3196
bingo is conducted is owned by the charitable organization	3197
conducting bingo and the bingo conducted includes a form of bingo	3198
described in division (S)(1) of section 2915.01 of the Revised	3199
Code, the charitable organization may deduct from the total amount	3200
of the gross receipts from each session a sum equal to the lesser	3201
of six hundred dollars or forty-five per cent of the gross	3202
receipts from the bingo described in that division as	3203
consideration for the use of the premises.	3204

(3) Use, or give, donate, or otherwise transfer, all of the	3205
net profit derived from bingo, other than instant bingo, for a	3206
charitable purpose listed in its license application and described	3207
in division (Z) of section 2915.01 of the Revised Code, or	3208
distribute all of the net profit from the proceeds of the sale of	3209
instant bingo as stated in its license application and in	3210
accordance with section 2915.101 of the Revised Code.	3211

(B) No charitable organization that conducts a bingo game	3212
described in division (S)(1) of section 2915.01 of the Revised	3213
Code shall fail to do any of the following:	3214

(1) Conduct the bingo game on premises that are owned by the	3215
charitable organization, on premises that are owned by another	3216
charitable organization and leased from that charitable	3217
organization for a rental rate not in excess of the lesser of six	3218
hundred dollars per bingo session or forty-five per cent of the	3219
gross receipts of the bingo session, on premises that are leased	3220
from a person other than a charitable organization for a rental	3221
rate that is not more than is customary and reasonable for	3222
premises that are similar in location, size, and quality but not	3223
in excess of four hundred fifty dollars per bingo session, or on	3224
premises that are owned by a person other than a charitable	3225
organization, that are leased from that person by another	3226
charitable organization, and that are subleased from that other	3227
charitable organization by the charitable organization for a	3228
rental rate not in excess of four hundred fifty dollars per bingo	3229
session. In no case shall a charitable organization pay property	3230
taxes or assessments on premises that the charitable organization	3231
leases from another person to conduct bingo. If the charitable	3232
organization leases from a person other than a charitable	3233
organization the premises on which it conducts bingo sessions, the	3234
lessor of the premises shall provide ~~only~~ the premises to the	3235
organization and shall not provide the organization with bingo	3236
game operators, security personnel, concessions or concession	3237
operators, bingo supplies, or any other type of service or	3238
~~equipment~~. A charitable organization shall not lease or sublease	3239
premises that it owns or leases to more than one other charitable	3240
organization per calendar week for the purpose of conducting bingo	3241
sessions on the premises. A person that is not a charitable	3242
organization shall not lease premises that it owns, leases, or	3243
otherwise is empowered to lease to more than ~~one~~three charitable	3244
~~organization~~organizations per calendar week for conducting bingo	3245
sessions on the premises. In no case shall more than ~~two~~nine	3246
bingo sessions be conducted on any premises in any calendar week.	3247

(2) Display its license conspicuously at the premises where	3248
the bingo session is conducted;	3249

(3) Conduct the bingo session in accordance with the	3250
definition of bingo set forth in division (S)(1) of section	3251
2915.01 of the Revised Code.	3252

(C) No charitable organization that conducts a bingo game	3253
described in division (S)(1) of section 2915.01 of the Revised	3254
Code shall do any of the following:	3255

(1) Pay any compensation to a bingo game operator for	3256
operating a bingo session that is conducted by the charitable	3257
organization or for preparing, selling, or serving food or	3258
beverages at the site of the bingo session, permit any auxiliary	3259
unit or society of the charitable organization to pay compensation	3260
to any bingo game operator who prepares, sells, or serves food or	3261
beverages at a bingo session conducted by the charitable	3262
organization, or permit any auxiliary unit or society of the	3263
charitable organization to prepare, sell, or serve food or	3264
beverages at a bingo session conducted by the charitable	3265
organization, if the auxiliary unit or society pays any	3266
compensation to the bingo game operators who prepare, sell, or	3267
serve the food or beverages;	3268

(2) Pay consulting fees to any person for any services	3269
performed in relation to the bingo session;	3270

(3) Pay concession fees to any person who provides	3271
refreshments to the participants in the bingo session;	3272

(4) Except as otherwise provided in division (C)(4) of this	3273
section, conduct more than ~~two~~three bingo sessions in any	3274
seven-day period. A volunteer firefighter's organization or a	3275
volunteer rescue service organization that conducts not more than	3276
five bingo sessions in a calendar year may conduct more than ~~two~~	3277
three bingo sessions in a seven-day period after notifying the	3278
attorney general when it will conduct the sessions.	3279

(5) Pay out more than ~~three~~six thousand ~~five hundred~~ dollars	3280
in prizes for bingo games described in division (S)(1) of section	3281
2915.01 of the Revised Code during any bingo session that is	3282
conducted by the charitable organization. "Prizes" does not	3283
include awards from the conduct of instant bingo.	3284

(6) Conduct a bingo session at any time during the ten-hour	3285
period between midnight and ten a.m., at any time during, or	3286
within ten hours of, a bingo game conducted for amusement only	3287
pursuant to section 2915.12 of the Revised Code, at any premises	3288
not specified on its license, or on any day of the week or during	3289
any time period not specified on its license. Division (A)(6) of	3290
this section does not prohibit the sale of instant bingo tickets	3291
beginning at nine a.m. for a bingo session that begins at ten a.m.	3292
If circumstances make it impractical for the charitable	3293
organization to conduct a bingo session at the premises, or on the	3294
day of the week or at the time, specified on its license or if a	3295
charitable organization wants to conduct bingo sessions on a day	3296
of the week or at a time other than the day or time specified on	3297
its license, the charitable organization may apply in writing to	3298
the attorney general for an amended license pursuant to division	3299
(F) of section 2915.08 of the Revised Code. A charitable	3300
organization may apply twice in each calendar year for an amended	3301
license to conduct bingo sessions on a day of the week or at a	3302
time other than the day or time specified on its license. If the	3303
amended license is granted, the organization may conduct bingo	3304
sessions at the premises, on the day of the week, and at the time	3305
specified on its amended license.	3306

(7) Permit any person whom the charitable organization knows,	3307
or should have known, is under the age of eighteen to work as a	3308
bingo game operator;	3309

(8) Permit any person whom the charitable organization knows,	3310
or should have known, has been convicted of a felony or gambling	3311
offense in any jurisdiction to be a bingo game operator;	3312

(9) Permit the lessor of the premises on which the bingo	3313
session is conducted, if the lessor is not a charitable	3314
organization, to provide the charitable organization with bingo	3315
game operators, security personnel, concessions, bingo supplies,	3316
or any other type of service ~~or equipment~~;	3317

(10) Purchase or lease bingo supplies from any person except	3318
a distributor issued a license under section 2915.081 of the	3319
Revised Code;	3320

(11)(a) Use or permit the use of electronic bingo aids except	3321
under the following circumstances:	3322

(i) For any single participant, not more than ninety bingo	3323
faces can be played using an electronic bingo aid or aids.	3324

(ii) The charitable organization shall provide a participant	3325
using an electronic bingo aid with corresponding paper bingo cards	3326
or sheets.	3327

(iii) The total price of bingo faces played with an	3328
electronic bingo aid shall be equal to the total price of the same	3329
number of bingo faces played with a paper bingo card or sheet sold	3330
at the same bingo session but without an electronic bingo aid.	3331

(iv) An electronic bingo aid cannot be part of an electronic	3332
network other than a network that includes only bingo aids and	3333
devices that are located on the premises at which the bingo is	3334
being conducted or be interactive with any device not located on	3335
the premises at which the bingo is being conducted.	3336

(v) An electronic bingo aid cannot be used to participate in	3337
bingo that is conducted at a location other than the location at	3338
which the bingo session is conducted and at which the electronic	3339
bingo aid is used.	3340

(vi) An electronic bingo aid cannot be used to provide for	3341
the input of numbers and letters announced by a bingo caller other	3342
than the bingo caller who physically calls the numbers and letters	3343
at the location at which the bingo session is conducted and at	3344
which the electronic bingo aid is used.	3345

(b) The attorney general may adopt rules in accordance with	3346
Chapter 119. of the Revised Code that govern the use of electronic	3347
bingo aids. The rules may include a requirement that an electronic	3348
bingo aid be capable of being audited by the attorney general to	3349
verify the number of bingo cards or sheets played during each	3350
bingo session.	3351

(12) Permit any person the charitable organization knows, or	3352
should have known, to be under eighteen years of age to play bingo	3353
described in division (S)(1) of section 2915.01 of the Revised	3354
Code.	3355

(D)(1) Except as otherwise provided in division (D)(3) of	3356
this section, no charitable organization shall provide to a bingo	3357
game operator, and no bingo game operator shall receive or accept,	3358
any commission, wage, salary, reward, tip, donation, gratuity, or	3359
other form of compensation, directly or indirectly, regardless of	3360
the source, for conducting bingo or providing other work or labor	3361
at the site of bingo during a bingo session.	3362

(2) Except as otherwise provided in division (D)(3) of this	3363
section, no charitable organization shall provide to a bingo game	3364
operator any commission, wage, salary, reward, tip, donation,	3365
gratuity, or other form of compensation, directly or indirectly,	3366
regardless of the source, for conducting instant bingo other than	3367
at a bingo session at the site of instant bingo other than at a	3368
bingo session.	3369

(3) Nothing in division (D) of this section prohibits an	3370
employee of a fraternal organization, veteran's organization, or	3371
sporting organization from selling instant bingo tickets or cards	3372
to the organization's members or invited guests, as long as no	3373
portion of the employee's compensation is paid from any receipts	3374
of bingo.	3375

(E) Notwithstanding division (B)(1) of this section, a	3376
charitable organization that, prior to December 6, 1977, has	3377
entered into written agreements for the lease of premises it owns	3378
to another charitable organization or other charitable	3379
organizations for the conducting of bingo sessions so that more	3380
than two bingo sessions are conducted per calendar week on the	3381
premises, and a person that is not a charitable organization and	3382
that, prior to December 6, 1977, has entered into written	3383
agreements for the lease of premises it owns to charitable	3384
organizations for the conducting of more than two bingo sessions	3385
per calendar week on the premises, may continue to lease the	3386
premises to those charitable organizations, provided that no more	3387
than four sessions are conducted per calendar week, that the	3388
lessor organization or person has notified the attorney general in	3389
writing of the organizations that will conduct the sessions and	3390
the days of the week and the times of the day on which the	3391
sessions will be conducted, that the initial lease entered into	3392
with each organization that will conduct the sessions was filed	3393
with the attorney general prior to December 6, 1977, and that each	3394
organization that will conduct the sessions was issued a license	3395
to conduct bingo games by the attorney general prior to December	3396
6, 1977.	3397

(F) This section does not prohibit a bingo licensed	3398
charitable organization or a game operator from giving any person	3399
an instant bingo ticket as a prize.	3400

(G) Whoever violates division (A)(2) of this section is	3401
guilty of illegally conducting a bingo game, a felony of the	3402
fourth degree. Except as otherwise provided in this division,	3403
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	3404
(C)(1) to (12), or (D) of this section is guilty of a minor	3405
misdemeanor. If the offender previously has been convicted of a	3406
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	3407
to (11), or, (D) of this section, a violation of division (A)(1)	3408
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	3409
misdemeanor of the first degree. Whoever violates division (C)(12)	3410
of this section is guilty of a misdemeanor of the first degree, if	3411
the offender previously has been convicted of a violation of	3412
division (C)(12) of this section, a felony of the fourth degree.	3413

Sec. 2915.091. (A) No charitable organization that conducts	3414
instant bingo shall do any of the following:	3415

(1) Fail to comply with the requirements of divisions (A)(1),	3416
(2), and (3) of section 2915.09 of the Revised Code;	3417

(2) Conduct instant bingo unless either of the following	3418
~~apply~~applies:	3419

(a) That organization is, and has received from the internal	3420
revenue service a determination letter that is currently in effect	3421
stating that the organization is, exempt from federal income	3422
taxation under subsection 501(a), is described in subsection	3423
501(c)(3) of the Internal Revenue Code, is a charitable	3424
organization as defined in section 2915.01 of the Revised Code, is	3425
in good standing in the state pursuant to section 2915.08 of the	3426
Revised Code, and is in compliance with Chapter 1716. of the	3427
Revised Code;	3428

(b) That organization is, and has received from the internal	3429
revenue service a determination letter that is currently in effect	3430
stating that the organization is, exempt from federal income	3431
taxation under subsection 501(a), is described in subsection	3432
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	3433
organization described in subsection 501(c)(4) of the Internal	3434
Revenue Code, and conducts instant bingo under section 2915.13 of	3435
the Revised Code.	3436

(3) Conduct instant bingo on any day, at any time, or at any	3437
premises not specified on the organization's license issued	3438
pursuant to section 2915.08 of the Revised Code;	3439

(4) Permit any person whom the organization knows or should	3440
have known has been convicted of a felony or gambling offense in	3441
any jurisdiction to be a bingo game operator in the conduct of	3442
instant bingo;	3443

(5) Purchase or lease supplies used to conduct instant bingo	3444
or punch board games from any person except a distributor licensed	3445
under section 2915.081 of the Revised Code;	3446

(6) Sell or provide any instant bingo ticket or card for a	3447
price different from the price printed on it by the manufacturer	3448
on either the instant bingo ticket or card or on the game flare;	3449

(7) Sell an instant bingo ticket or card to a person under	3450
eighteen years of age;	3451

(8) Fail to keep unsold instant bingo tickets or cards for	3452
less than three years;	3453

(9) Pay any compensation to a bingo game operator for	3454
conducting instant bingo that is conducted by the organization or	3455
for preparing, selling, or serving food or beverages at the site	3456
of the instant bingo game, permit any auxiliary unit or society of	3457
the organization to pay compensation to any bingo game operator	3458
who prepares, sells, or serves food or beverages at an instant	3459
bingo game conducted by the organization, or permit any auxiliary	3460
unit or society of the organization to prepare, sell, or serve	3461
food or beverages at an instant bingo game conducted by the	3462
organization, if the auxiliary unit or society pays any	3463
compensation to the bingo game operators who prepare, sell, or	3464
serve the food or beverages;	3465

(10) Pay fees to any person for any services performed in	3466
relation to an instant bingo game;	3467

(11) Pay fees to any person who provides refreshments to the	3468
participants in an instant bingo game;	3469

(12)(a) Allow instant bingo tickets or cards to be sold to	3470
bingo game operators at a premises at which the organization sells	3471
instant bingo tickets or cards or to be sold to employees of a D	3472
permit holder who are working at a premises at which instant bingo	3473
tickets or cards are sold;	3474

(b) Division (A)(12)(a) of this section does not prohibit a	3475
licensed charitable organization or a bingo game operator from	3476
giving any person an instant bingo ~~tickets~~ticket as a prize.	3477

(13) Fail to display its bingo license, and the serial	3478
numbers of the deal of instant bingo tickets or cards to be sold,	3479
conspicuously at each premises at which it sells instant bingo	3480
tickets or cards;	3481

(14) Possess a deal of instant bingo tickets or cards that	3482
was not purchased from a distributor licensed under section	3483
2915.081 of the Revised Code as reflected on an invoice issued by	3484
the distributor that contains all of the information required by	3485
division (E) of section 2915.10 of the Revised Code;	3486

(15) ~~Fail, once it opens a deal of instant bingo tickets or~~	3487
~~cards, to continue to sell the tickets or cards in that deal until~~	3488
~~the tickets or cards with the top two highest tiers of prizes in~~	3489
~~that deal are sold;~~	3490

~~(16) Purchase, lease, or use instant bingo ticket dispensers~~	3491
~~to sell instant bingo tickets or cards;~~	3492

~~(17)~~ Possess bingo supplies that were not obtained in	3493
accordance with sections 2915.01 to 2915.13 of the Revised Code.	3494

(B)(1) A charitable organization may conduct instant bingo	3495
other than at a bingo session at not more than five separate	3496
locations. A charitable organization that is exempt from federal	3497
taxation under subsection 501(a) and described in subsection	3498
501(c)(3) of the Internal Revenue Code and that is created by a	3499
veteran's organization or a fraternal organization is not limited	3500
in the number of separate locations the charitable organization	3501
may conduct instant bingo other than at a bingo session.	3502

(2) A charitable organization may purchase, lease, or use	3503
instant bingo ticket dispensers to sell instant bingo tickets or	3504
cards.	3505

(C) The attorney general may adopt rules in accordance with	3506
Chapter 119. of the Revised Code that govern the conduct of	3507
instant bingo by charitable organizations. Before those rules are	3508
adopted, the attorney general shall reference the recommended	3509
standards for opacity, randomization, minimum information, winner	3510
protection, color, and cutting for instant bingo tickets or cards,	3511
seal cards, and punch boards established by the North American	3512
gaming regulators association.	3513

(D) Whoever violates division (A) of this section or a rule	3514
adopted under division (C) of this section is guilty of illegal	3515
instant bingo conduct. Except as otherwise provided in this	3516
division, illegal instant bingo conduct is a misdemeanor of the	3517
first degree. If the offender previously has been convicted of a	3518
violation of division (A) of this section or of such a rule,	3519
illegal instant bingo conduct is a felony of the fifth degree.	3520

Sec. 2915.101. Except as otherwise provided by law, a	3521
charitable organization that conducts instant bingo shall	3522
distribute the net profit from the proceeds of the sale of instant	3523
bingo as follows:	3524

(A)(1) If a veteran's organization, a fraternal organization,	3525
or a sporting organization conducted the instant bingo, the	3526
organization shall distribute the net profit from the proceeds of	3527
the sale of instant bingo, as follows:	3528

(a) For the first ~~one~~two hundred fifty thousand dollars, or	3529
a greater amount prescribed by the attorney general to adjust for	3530
changes in prices as measured by the consumer price index as	3531
defined in section 325.18 of the Revised Code and other factors	3532
affecting the organization's expenses as defined in division (LL)	3533
of section 2915.01 of the Revised Code, or less of net profit from	3534
the proceeds of the sale of instant bingo generated in a calendar	3535
year:	3536

(i) At least twenty-five per cent shall be distributed to an	3537
organization described in division (Z)(1) of section 2915.01 of	3538
the Revised Code or to a department or agency of the federal	3539
government, the state, or any political subdivision.	3540

(ii) Not more than seventy-five per cent may be deducted and	3541
retained by the organization for reimbursement of or for the	3542
organization's expenses, as defined in division (LL) of section	3543
2915.01 of the Revised Code, in conducting the instant bingo game.	3544

(b) For any net profit from the proceeds of the sale of	3545
instant bingo of more than ~~one~~two hundred fifty thousand dollars	3546
or an adjusted amount generated in a calendar year:	3547

(i) A minimum of fifty per cent shall be distributed to an	3548
organization described in division (Z)(1) of section 2915.01 of	3549
the Revised Code or to a department or agency of the federal	3550
government, the state, or any political subdivision.	3551

(ii) Five per cent may be distributed for the organization's	3552
own charitable purposes or to a community action agency.	3553

(iii) Forty-five per cent may be deducted and retained by the	3554
organization for reimbursement of or for the organization's	3555
expenses, as defined in division (LL) of section 2915.01 of the	3556
Revised Code, in conducting the instant bingo game.	3557

(2) If a veteran's organization, a fraternal organization, or	3558
a sporting organization does not distribute the full percentages	3559
specified in divisions (A)(1)(a) and (b) of this section for the	3560
purposes specified in those divisions, the organization shall	3561
distribute the balance of the net profit from the proceeds of the	3562
sale of instant bingo not distributed or retained for those	3563
purposes to an organization described in division (Z)(1) of	3564
section 2915.01 of the Revised Code.	3565

(B) If a charitable organization other than a veteran's	3566
organization, a fraternal organization, or a sporting organization	3567
conducted the instant bingo, the organization shall distribute one	3568
hundred per cent of the net profit from the proceeds of the sale	3569
of instant bingo to an organization described in division (Z)(1)	3570
of section 2915.01 of the Revised Code or to a department or	3571
agency of the federal government, the state, or any political	3572
subdivision.	3573

(C) Nothing in this section prohibits a veteran's	3574
organization, a fraternal organization, or a sporting organization	3575
from distributing any net profit from the proceeds of the sale of	3576
instant bingo to an organization that is described in subsection	3577
501(c)(3) of the Internal Revenue Code when the organization that	3578
is described in subsection 501(c)(3) of the Internal Revenue Code	3579
is one that makes donations to other organizations and permits	3580
donors to advise or direct such donations so long as the donations	3581
comply with requirements established in or pursuant to subsection	3582
501(c)(3) of the Internal Revenue Code.	3583

Sec. 2915.14. (A) The permit holder of a permitted location	3584
may establish a charity card room on the premises of the permitted	3585
location. The permit holder shall provide necessary game tables,	3586
chairs, surveillance, and other equipment in the charity card	3587
room.	3588

(B) A charitable organization may conduct games of chance in	3589
a charity card room for up to one hundred twenty-eight hours	3590
annually. Such hours need not be on consecutive days. More than	3591
one charitable organization may conduct games of chance in a	3592
charity card room simultaneously.	3593

(C)(1) The charitable organization shall pay rent to the	3594
permit holder of the permitted location in the amount of fifteen	3595
per cent of the revenue made from conducting the games of chance	3596
in the charity card room.	3597

(2) A charitable organization shall pay expenses for	3598
conducting games of chance in a charity card room, including	3599
expenses for the following: dealers, payroll administration,	3600
security, accounting, auditing, shuffle machine rental, marketing,	3601
advertising, utilities, cleanup, maintenance, and repair. A	3602
charitable organization may pay these expenses from its share of	3603
the revenue made from conducting games of chance in the charity	3604
card room.	3605

(3) Charitable organizations may pool revenue and expenses	3606
when applicable.	3607

(4) One hundred per cent of the net revenue remaining after	3608
payment of expenses and rent shall be paid to each charitable	3609
organization on a pro rata basis, based on volunteer hours of each	3610
charitable organization.	3611

(D) Notwithstanding division (D) of section 2915.02, a	3612
charitable organization may compensate dealers, dealer	3613
supervisors, human resource personnel, and other related personnel	3614
for operating games of chance in a charity card room. Dealers may	3615
also accept tips from games of chance players.	3616

(E) For the purposes of division (D)(1)(c) of section 2915.02	3617
of the Revised Code, a charitable organization may conduct games	3618
of chance at a permitted location and conducting those games of	3619
chance in a charity card room is considered a festival if the	3620
charitable organization provides a display booth about the	3621
charitable organization in the charity card room at all times when	3622
it is conducting games of chance.	3623

Sec. 3517.1015. Each person licensed under Chapter 3772. of	3624
the Revised Code shall disclose quarterly to the secretary of	3625
state any contribution of one hundred dollars or more made to the	3626
holder of or any candidate for a statewide office, a member of the	3627
general assembly, a local government official of a jurisdiction	3628
where a casino facility is located, or to any ballot issue.	3629

Sec. 3769.081. The state racing commission shall administer	3630
the Ohio state racing commission fund. The commission shall use	3631
the money in the fund to support purses, breeding programs, race	3632
track operations, and commission operations. The commission,	3633
considering the relative importance of these purposes in light of	3634
prevailing circumstances in the horse racing industry, shall	3635
determine the percentage of the money in the fund that is to be	3636
applied to each of these purposes.	3637

Sec. 3772.01. As used in this chapter:

3638

(A) "Applicant" means any person who applies to the	3639
commission for a license under this chapter.	3640

(B) "Casino control commission fund" means the casino control	3641
commission fund described in Section 6(C)(3)(d) of Article XV,	3642
Ohio Constitution, the money in which shall be used to fund the	3643
commission and its related affairs.	3644

(C) "Casino facility" means casino facility as defined in	3645
Section 6(C)(9) of Article XV, Ohio Constitution.	3646

(D) "Casino gaming" means any type of slot machine or table	3647
game wagering, using money, casino credit, or any representative	3648
of value, authorized in any of the states of Indiana, Michigan,	3649
Pennsylvania, and West Virginia as of January 1, 2009, and	3650
includes slot machine and table game wagering subsequently	3651
authorized by, but shall not be limited by, subsequent	3652
restrictions placed on such wagering in such states. "Casino	3653
gaming" does not include bingo, as authorized in Section 6 of	3654
Article XV, Ohio Constitution and conducted as of January 1, 2009,	3655
or horse racing where the pari-mutuel system of wagering is	3656
conducted, as authorized under the laws of this state as of	3657
January 1, 2009.	3658

(E) "Casino gaming employee" means any employee of a casino	3659
operator or management company, but not a key employee, and as	3660
further defined in section 3772.131 of the Revised Code.	3661

(F) "Casino operator" means any person, trust, corporation,	3662
partnership, limited partnership, association, limited liability	3663
company, or other business enterprise that directly holds an	3664
ownership or leasehold interest in a casino facility. "Casino	3665
operator" does not include an agency of the state, any political	3666
subdivision of the state, any person, trust, corporation,	3667
partnership, limited partnership, association, limited liability	3668
company, or other business enterprise that may have an interest in	3669
a casino facility, but who is legally or contractually restricted	3670
from conducting casino gaming.	3671

(G) "Central system" means a computer system that provides	3672
the following functions related to casino gaming equipment used in	3673
connection with casino gaming authorized under this chapter:	3674
security, auditing, data and information retrieval, and other	3675
purposes deemed necessary and authorized by the commission.	3676

(H) "Commission" means the Ohio casino control commission.

3677

(I) "Economic development programs fund" consists of the	3678
proceeds from the upfront license fee to be paid by each initial	3679
licensed casino operator described in Section 6(C)(4) of Article	3680
XV, Ohio Constitution, the money in which shall be used to fund	3681
state economic development programs that support regional job	3682
training efforts to equip the workforce of this state with	3683
additional skills and to grow the economy.	3684

(J) "Gaming agent" means a peace officer employed by the	3685
commission that is vested with duties to enforce this chapter and	3686
conduct other investigations into the conduct of the casino gaming	3687
and the maintenance of the equipment that the commission considers	3688
necessary and proper and is in compliance with section 109.77 of	3689
the Revised Code.	3690

(K) "Gaming-related vendor" means any individual,	3691
partnership, corporation, association, trust, or any other group	3692
of individuals, however organized, who supplies equipment, goods,	3693
or services to a casino operator or management company, that are	3694
directly related to or affect casino gaming authorized under this	3695
chapter, including the manufacture, sale, distribution, testing,	3696
or repair of slot machines and table game equipment.	3697

(L) "Goods and services" does not include the following:	3698
utilities; taxes; financing costs, mortgages, loans, or other	3699
debt; medical insurance; fees and payments to a parent or	3700
affiliated company of a casino operator, other than fees and	3701
payments for goods and services supplied by nonaffiliated persons	3702
through an affiliated company for use or benefit of the casino	3703
operator; and rents for real property or payments constituting the	3704
price of an interest in real property as a result of a real estate	3705
transaction.	3706

(M) "Holding company" means any corporation, firm,	3707
partnership, limited partnership, limited liability company,	3708
trust, or other form of business organization not a natural person	3709
which directly owns, has the power or right to control, or holds	3710
with power to vote, any part of an applicant, casino operator,	3711
management company, or gaming-related vendor license.	3712

(N) "Initial investment" includes costs related to	3713
engineering, architecture, design, site preparation, construction,	3714
infrastructure improvements, and leasehold improvements. "Initial	3715
investment" does not include costs related to land acquisition,	3716
fixtures and equipment, inventory, insurance, working capital, and	3717
any state incentives.	3718

(O) "Institutional investor" means any of the following	3719
entities owning five per cent or less, or a percentage between	3720
five and ten per cent as approved by the commission for a waiver	3721
on a case-by-case basis, ownership interest in a casino facility,	3722
casino operator, management company, or holding company: a	3723
corporation, bank, insurance company, pension fund or pension fund	3724
trust, retirement fund, including funds administered by a public	3725
agency, employees' profit-sharing fund or employees'	3726
profit-sharing trust, any association engaged, as a substantial	3727
part of its business or operations, in purchasing or holding	3728
securities, or any trust in respect of which a bank is trustee or	3729
cotrustee, investment company registered under the "Investment	3730
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	3731
investment trust organized by banks under Part Nine of the Rules	3732
of the Comptroller of the Currency, closed-end investment trust,	3733
chartered or licensed life insurance company or property and	3734
casualty insurance company, investment advisor registered under	3735
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	3736
and such other persons as the commission may reasonably determine	3737
to qualify as an institutional investor for reasons consistent	3738
with this chapter.	3739

(P) "Key employee" means any executive, employee, or agent of	3740
a casino operator or management company licensee having the power	3741
to exercise significant influence over decisions concerning any	3742
part of the operation of such licensee, including:	3743

(1) An officer, director, trustee, or partner of a person	3744
that has applied for or holds a casino operator, management	3745
company, or gaming-related vendor license or of a holding company	3746
that has control of a person that has applied for or holds a	3747
casino operator, management company, or gaming-related vendor	3748
license;	3749

(2) A person that holds a direct ownership interest of more	3750
than five per cent in a person that has applied for or holds a	3751
casino operator, management company, or gaming-related vendor	3752
license or holding company that has control of a person that has	3753
applied for or holds a casino operator, management company, or	3754
gaming-related vendor license;	3755

(3) A managerial employee of a person that has applied for or	3756
holds a casino operator or gaming-related vendor license in Ohio,	3757
or a managerial employee of a holding company that has control of	3758
a person that has applied for or holds a casino operator or	3759
gaming-related vendor license in Ohio, who performs the function	3760
of principal executive officer, principal operating officer,	3761
principal accounting officer, or an equivalent officer.	3762

The commission shall determine whether an individual whose	3763
duties or status varies from those described in this division also	3764
is considered a key employee.	3765

(Q) "Licensed casino operator" means a casino operator that	3766
has been issued a license by the commission and that has been	3767
certified annually by the commission to have paid all applicable	3768
fees, taxes, and debts to the state.	3769

(R) "Majority ownership interest" in a license or in a casino	3770
facility, as the case may be, means ownership of more than fifty	3771
per cent of such license or casino facility, as the case may be.	3772
For purposes of the foregoing, whether a majority ownership	3773
interest is held in a license or in a casino facility, as the case	3774
may be, shall be determined under the rules for constructive	3775
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	3776
in effect on January 1, 2009.	3777

(S) "Management company" means an organization retained by a	3778
casino operator to manage a casino facility and provide services	3779
such as accounting, general administration, maintenance,	3780
recruitment, and other operational services.	3781

(T) "Ohio law enforcement training fund" means the state law	3782
enforcement training fund described in Section 6(C)(3)(f) of	3783
Article XV, Ohio Constitution, the money in which shall be used to	3784
enhance public safety by providing additional training	3785
opportunities to the law enforcement community.	3786

(U) "Person" includes, but is not limited to, an individual	3787
or a combination of individuals; a sole proprietorship, a firm, a	3788
company, a joint venture, a partnership of any type, a joint-stock	3789
company, a corporation of any type, a corporate subsidiary of any	3790
type, a limited liability company, a business trust, or any other	3791
business entity or organization; an assignee; a receiver; a	3792
trustee in bankruptcy; an unincorporated association, club,	3793
society, or other unincorporated entity or organization; entities	3794
that are disregarded for federal income tax purposes; and any	3795
other nongovernmental, artificial, legal entity that is capable of	3796
engaging in business.	3797

(V) "Problem casino gambling and addictions fund" means the	3798
state problem gambling and addictions fund described in Section	3799
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	3800
shall be used for treatment of problem gambling and substance	3801
abuse, and for related research.	3802

(W) "Slot machine" means any mechanical, electrical, or other	3803
device or machine which, upon insertion of a coin, token, ticket,	3804
or similar object, or upon payment of any consideration, is	3805
available to play or operate, the play or operation of which,	3806
whether by reason of the skill of the operator or application of	3807
the element of chance, or both, makes individual prize	3808
determinations for individual participants in cash, premiums,	3809
merchandise, tokens, or any thing of value, whether the payoff is	3810
made automatically from the machine or in any other manner.	3811

(X) "Table game" means any game played with cards, dice, or	3812
any mechanical, electromechanical, or electronic device or machine	3813
for money, casino credit, or any representative of value. "Table	3814
game" does not include slot machines.	3815

(Y) "Upfront license" means the first plenary license issued	3816
to a casino operator.	3817

(Z) "Voluntary exclusion program" means a program provided by	3818
the commission that allows persons to voluntarily exclude	3819
themselves from the gaming areas of facilities under the	3820
jurisdiction of the commission by placing their name on a	3821
voluntary exclusion list and following the procedures set forth by	3822
the commission.	3823

Sec. 3772.02. (A) There is hereby created the Ohio casino	3824
control commission described in Section 6(C)(1) of Article XV,	3825
Ohio Constitution.	3826

(B) The commission shall consist of seven members appointed	3827
within one month of the effective date of this section by the	3828
governor with the advice and consent of the senate.	3829

(1) Each commission member is eligible for reappointment at	3830
the discretion of the governor. No commission member shall be	3831
appointed for more than three terms in total.	3832

(2) Each commission member shall be a resident of Ohio.

3833

(3) At least one commission member shall be experienced in	3834
law enforcement and criminal investigation.	3835

(4) At least one commission member shall be a certified	3836
public accountant experienced in accounting and auditing.	3837

(5) At least one commission member shall be an attorney	3838
admitted to the practice of law in Ohio.	3839

(6) At least one commission member shall be a resident of a	3840
county where one of the casino facilities is located.	3841

(7) Not more than four commission members shall be of the	3842
same political party.	3843

(8) No commission member shall have any affiliation with an	3844
Ohio casino operator or facility.	3845

(C) Commission members shall serve four-year terms, except	3846
that when the governor makes initial appointments to the	3847
commission under this chapter, the governor shall appoint three	3848
members to serve four-year terms with not more than two such	3849
members from the same political party, two members to serve	3850
three-year terms with such members not being from the same	3851
political party, and two members to serve two-year terms with such	3852
members not being from the same political party.	3853

(D) Each commission member shall hold office from the date of	3854
appointment until the end of the term for which the member was	3855
appointed. Any member appointed to fill a vacancy occurring before	3856
the expiration of the term for which the member's predecessor was	3857
appointed shall hold office for the remainder of the unexpired	3858
term. Any member shall continue in office after the expiration	3859
date of the member's term until the member's successor takes	3860
office, or until a period of sixty days has elapsed, whichever	3861
occurs first. A vacancy in the commission membership shall be	3862
filled in the same manner as the original appointment.	3863

(E) The governor shall select one member to serve as	3864
chairperson and the commission members shall select one member	3865
from a different party than the chairperson to serve as	3866
vice-chairperson. The governor may remove and replace the	3867
chairperson at any time. No such member shall serve as chairperson	3868
for more than six successive years. The vice-chairperson shall	3869
assume the duties of the chairperson in the absence of the	3870
chairperson. The chairperson and vice-chairperson shall perform	3871
but shall not be limited to additional duties as are prescribed by	3872
commission rule.	3873

(F) A commission member is not required to devote the	3874
member's full time to membership on the commission. Each member of	3875
the commission shall receive compensation of sixty thousand	3876
dollars per year, payable in monthly installments for the first	3877
four years of the commission's existence. Each member shall	3878
receive the member's actual and necessary expenses incurred in the	3879
discharge of the member's official duties.	3880

(G) The governor shall not appoint an individual to the	3881
commission, and an individual shall not serve on the commission,	3882
if the individual has been convicted of or pleaded guilty or no	3883
contest to a disqualifying offense as defined in section 3772.07	3884
of the Revised Code. Members coming under indictment or bill of	3885
information of a disqualifying offense shall resign from the	3886
commission immediately upon indictment.	3887

(H) At least five commission members shall be present for the	3888
commission to meet. The concurrence of four members is necessary	3889
for the commission to take any action. All members shall vote on	3890
the adoption of rules, and the approval of, and the suspension or	3891
revocation of, the licenses of casino operators or management	3892
companies, unless a member has a written leave of absence filed	3893
with and approved by the chairperson.	3894

(I) A commission member may be removed or suspended from	3895
office in accordance with section 3.04 of the Revised Code.	3896

(J) Each commission member, before entering upon the	3897
discharge of the member's official duties, shall make an oath to	3898
uphold the Ohio Constitution and laws of the state of Ohio and	3899
shall give a bond, payable by the commission, to the treasurer of	3900
state, in the sum of ten thousand dollars with sufficient sureties	3901
to be approved by the treasurer of state, which bond shall be	3902
filed with the secretary of state.	3903

(K) The commission shall hold one regular meeting each month	3904
and shall convene other meetings at the request of the chairperson	3905
or a majority of the members. A member who fails to attend at	3906
least three-fifths of the regular and special meetings of the	3907
commission during any two-year period forfeits membership on the	3908
commission. All meetings of the commission shall be open meetings	3909
under section 121.22 of the Revised Code except as otherwise	3910
allowed by law.	3911

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	3912
the commission shall have authority to complete the functions of	3913
licensing, regulating, investigating, and penalizing casino	3914
operators, management companies, holding companies, key employees,	3915
casino gaming employees, and gaming-related vendors. The	3916
commission also shall have jurisdiction over all persons	3917
participating in casino gaming authorized by Section 6(C) of	3918
Article XV, Ohio Constitution, and this chapter.	3919

(B) All rules adopted by the commission under this chapter	3920
shall be adopted under procedures established in Chapter 119. of	3921
the Revised Code.	3922

(C) Within six months of the effective date of this section,	3923
the commission shall adopt initial rules as are necessary for	3924
completing the functions stated in division (A) of this section	3925
and for addressing the subjects enumerated in division (D) of this	3926
section.	3927

(D) The commission shall adopt, and as advisable and	3928
necessary shall amend or repeal, rules that include all of the	3929
following:	3930

(1) The prevention of practices detrimental to the public	3931
interest, and providing for the best interests of casino gaming;	3932

(2) Prescribing the method of applying, and the form of	3933
application, that an applicant for a license under this chapter	3934
must follow as otherwise described in this chapter;	3935

(3) Prescribing the information to be furnished by an	3936
applicant or licensee as described in section 3772.11 of the	3937
Revised Code;	3938

(4) Describing the duties of an independent testing	3939
laboratory certified under section 3772.31 of the Revised Code and	3940
the relationship between the commission, the laboratory, the	3941
gaming-related vendor, and the casino operator;	3942

(5) The minimum amount of insurance that must be maintained	3943
by a casino operator, management company, holding company, or	3944
gaming-related vendor;	3945

(6) The approval process for a significant change in	3946
ownership or transfer of control of a licensee as provided in	3947
section 3772.091 of the Revised Code;	3948

(7) The design of gaming supplies, devices, and equipment to	3949
be distributed by gaming-related vendors;	3950

(8) Identifying the casino gaming that is permitted,	3951
identifying the gaming supplies, devices, and equipment, that are	3952
permitted, defining the area in which the permitted casino gaming	3953
may be conducted, and specifying the method of operation according	3954
to which the permitted casino gaming is to be conducted as	3955
provided in section 3772.20 of the Revised Code;	3956

(9) Tournament play in any casino facility;

3957

(10) Establishing and implementing a voluntary exclusion	3958
program that provides all of the following:	3959

(a) Except as provided by commission rule, a person who	3960
participates in the program shall agree to refrain from entering a	3961
casino facility.	3962

(b) The name of a person participating in the program shall	3963
be included on a list of persons excluded from all casino	3964
facilities.	3965

(c) Except as provided by commission rule, no person who	3966
participates in the program shall petition the commission for	3967
admittance into a casino facility.	3968

(d) The list of persons participating in the program and the	3969
personal information of those persons shall be confidential and	3970
shall only be disseminated by the commission to a casino operator	3971
for purposes of enforcement and to other entities, upon request of	3972
the participant and agreement by the commission.	3973

(e) A casino operator shall make all reasonable attempts as	3974
determined by the commission to cease all direct marketing efforts	3975
to a person participating in the program.	3976

(f) A casino operator shall not cash the check of a person	3977
participating in the program or extend credit to the person in any	3978
manner. However, the program shall not exclude a casino operator	3979
from seeking the payment of a debt accrued by a person before	3980
participating in the program.	3981

(g) Any and all locations at which a person may register as a	3982
participant in the program shall be published.	3983

(11) Requiring a licensed casino operator to provide the	3984
commission with any marketing materials for the commission's	3985
review and approval before the licensed casino operator may use	3986
the materials;	3987

(12) Requiring that the records, including financial	3988
statements, of any casino operator, management company, holding	3989
company, and gaming-related vendor be maintained in the manner	3990
prescribed by the commission and made available for inspection	3991
upon demand by the commission;	3992

(13) Permitting a licensed casino operator, management	3993
company, key employee, or casino gaming employee to question a	3994
person suspected of violating this chapter;	3995

(14) The chips, tokens, tickets, electronic cards, or similar	3996
objects that may be purchased by means of an agreement under which	3997
credit is extended to a wagerer by a casino operator;	3998

(15) Establishing standards for provisional key employee	3999
licenses for a person who is required to be licensed as a key	4000
employee and is in exigent circumstances. A provisional license	4001
shall be valid not longer than six months.	4002

(16) Establishing approval procedures for third-party	4003
engineering or accounting firms, as described in section 3772.09	4004
of the Revised Code;	4005

(17) Prescribing the manner in which winnings, compensation	4006
from casino gaming, and gross revenue must be computed and	4007
reported by a licensee as described in Chapter 5753. of the	4008
Revised Code;	4009

(18) Prescribing conditions under which a licensee's license	4010
may be suspended or revoked as described in section 3772.04 of the	4011
Revised Code;	4012

(19) Prescribing the manner and procedure of all hearings to	4013
be conducted by the commission or by any hearing examiner;	4014

(20) Prescribing technical standards and requirements that	4015
are to be met by security and surveillance equipment that is used	4016
at and standards and requirements to be met by personnel who are	4017
employed at casino facilities, and standards and requirements for	4018
the provision of security at and surveillance of casino	4019
facilities;	4020

(21) Prescribing requirements for a casino operator to	4021
provide unarmed security services at a casino facility by licensed	4022
casino employees, and the training that shall be completed by	4023
these employees;	4024

(22) Prescribing standards according to which casino	4025
operators shall keep accounts and standards according to which	4026
casino accounts shall be audited, and establish means of assisting	4027
the tax commissioner in levying and collecting the gross casino	4028
revenue tax levied under section 5753.02 of the Revised Code;	4029

(23) Defining a schedule of penalties for violation of	4030
commission rules and a process for imposing such penalties subject	4031
to the approval of the joint committee on gaming and wagering;	4032

(24) Regulating the conduct and playing of all skill-based	4033
amusement machines, as defined in section 2915.01 of the Revised	4034
Code, in this state, including setting payouts, establishing game	4035
parameters for the methods and media allowable, including all	4036
internet-based playing, establishing licensing procedures,	4037
criteria, fees for entities and locations, and permissible methods	4038
for the procurement of skill-based amusement machines;	4039

(25) Establishing standards for decertifying contractors that	4040
violate statutes or rules of this state or the federal government;	4041

(26) Establishing standards for the repair of casino gaming	4042
equipment;	4043

(27) Providing for any other thing necessary and proper for	4044
successful and efficient regulation of casino gaming under this	4045
chapter.	4046

(E) The commission shall employ and assign gaming agents as	4047
necessary to assist the commission in carrying out the duties of	4048
this chapter. In order to maintain employment as a gaming agent,	4049
the gaming agent shall successfully complete all continuing	4050
training programs required by the commission and shall not have	4051
been convicted of or pleaded guilty or no contest to a	4052
disqualifying offense as defined in section 3772.07 of the Revised	4053
Code.	4054

(F) The commission and its gaming agents shall have authority	4055
with regard to the detection and investigation of, the seizure of	4056
evidence allegedly relating to, and the apprehension and arrest of	4057
persons allegedly committing gaming offenses, and shall have	4058
access to casino facilities to carry out the requirements of this	4059
chapter.	4060

(G) The commission may eject or exclude or authorize the	4061
ejection or exclusion of and a gaming agent may eject a person	4062
from a casino facility for any of the following reasons:	4063

(1) The person's name is on the list of persons voluntarily	4064
excluding themselves from all casinos in a program established	4065
according to rules adopted by the commission;	4066

(2) The person violates or conspires to violate this chapter	4067
or a rule adopted thereunder; or	4068

(3) The commission determines that the person's conduct or	4069
reputation is such that the person's presence within a casino	4070
facility may call into question the honesty and integrity of the	4071
casino gaming operations or interfere with the orderly conduct of	4072
the casino gaming operations.	4073

(H) A person, other than a person participating in a	4074
voluntary exclusion program, may petition the commission for a	4075
public hearing on the person's ejection or exclusion under this	4076
chapter.	4077

(I) A casino operator or management company shall have the	4078
same authority to eject or exclude a person from the management	4079
company's casino facilities as authorized in division (G) of this	4080
section.	4081

(J) The commission shall submit a written annual report with	4082
the governor, president of the senate, and speaker of the house of	4083
representatives before the first day of September each year. The	4084
annual report shall include a statement describing the receipts	4085
and disbursements of the commission, relevant financial data	4086
regarding casino gaming, including gross revenues and	4087
disbursements made under this chapter, actions taken by the	4088
commission, and any additional information that the commission	4089
considers useful or that the governor, president of the senate, or	4090
speaker of the house of representatives requests.	4091

Sec. 3772.031. (A) The general assembly finds that the	4092
exclusion or ejection of certain persons from casino facilities is	4093
necessary to effectuate the intents and purposes of this chapter	4094
and to maintain strict and effective regulation of casino gaming.	4095
The commission, by rule, shall provide for a list of persons who	4096
are to be excluded or ejected from a casino facility. Persons	4097
included on the exclusion list shall be identified by name and	4098
physical description. The commission shall publish the exclusion	4099
list on its web site, and shall transmit a copy of the exclusion	4100
list periodically to casino operators, as it is initially issued	4101
and thereafter as it is revised from time to time. A casino	4102
operator shall take steps necessary to ensure that all its key	4103
employees and casino gaming employees are aware of and understand	4104
the exclusion list and its function, and that all its key	4105
employees and casino gaming employees are kept aware of the	4106
content of the exclusion list as it is issued and thereafter	4107
revised from time to time.	4108

(B) The exclusion list may include any person whose presence	4109
in a casino facility is determined by the commission to pose a	4110
threat to the interests of the state, to achieving the intents and	4111
purposes of this chapter, or to the strict and effective	4112
regulation of casino gaming. In determining whether to include a	4113
person on the exclusion list, the commission may consider:	4114

(1) Any prior conviction of a crime that is a felony under	4115
the laws of this state, another state, or the United States, a	4116
crime involving moral turpitude, or a violation of the gaming laws	4117
of this state, another state, or the United States; and	4118

(2) A violation, or a conspiracy to violate, any provision of	4119
this chapter that consists of:	4120

(a) A failure to disclose an interest in a gaming facility	4121
for which the person must obtain a license;	4122

(b) Purposeful evasion of taxes or fees;

4123

(c) A notorious or unsavory reputation that would adversely	4124
affect public confidence and trust that casino gaming is free from	4125
criminal or corruptive elements; or	4126

(d) A violation of an order of the commission or of any other	4127
governmental agency that warrants exclusion or ejection of the	4128
person from a casino facility.	4129

(3) If the person has pending charges or indictments for a	4130
gaming or gambling crime or a crime related to the integrity of	4131
gaming operations in any state;	4132

(4) If the person's conduct or reputation is such that the	4133
person's presence within a casino facility may call into question	4134
the honesty and integrity of the casino gaming operations or	4135
interfere with the orderly conduct of the casino gaming	4136
operations;	4137

(5) If the person is a career or professional offender whose	4138
presence in a casino facility would be adverse to the interest of	4139
licensed gaming in this state;	4140

(6) If the person has a known relationship or connection with	4141
a career or professional offender whose presence in a casino	4142
facility would be adverse to the interest of licensed gaming in	4143
this state;	4144

(7) If the commission has suspended the person's gaming	4145
privileges;	4146

(8) If the commission has revoked the person's licenses	4147
related to this chapter;	4148

(9) If the commission determines that the person poses a	4149
threat to the safety of patrons or employees of a casino facility;	4150

(10) If the person has a history of conduct involving the	4151
disruption of gaming operations within a casino facility.	4152

Race, color, creed, national origin or ancestry, or sex are	4153
not grounds for placing a person on the exclusion list.	4154

(C) The commission shall notify a person of the commission's	4155
intent to include such person on the exclusion list. The notice	4156
shall be provided by personal service, by certified mail to the	4157
person's last known address, or, if service cannot be accomplished	4158
by personal service or certified mail, by publication daily for	4159
two weeks in a newspaper of general circulation within the county	4160
in which the person resides and in a newspaper of general	4161
circulation within each county in which a casino facility is	4162
located.	4163

(D) A person who receives notice of intent to include the	4164
person on the exclusion list is entitled to an adjudication	4165
hearing under Chapter 119. of the Revised Code, except as provided	4166
in this section, in which the person may demonstrate why the	4167
person should not be included on the exclusion list. The person	4168
shall request such an adjudication hearing not later than thirty	4169
days after the person receives the notice by personal service or	4170
certified mail, or not later than thirty days after the last	4171
newspaper publication of the notice. If the adjudication hearing	4172
or any appeal under Chapter 119. of the Revised Code results in an	4173
order that the person should not be included on the exclusion	4174
list, the commission shall publish a revised exclusion list that	4175
does not include the person. The commission also shall notify	4176
casino operators that the person has been removed from the	4177
exclusion list. A casino operator shall take all steps necessary	4178
to ensure its key employees and casino gaming employees are made	4179
aware that the person has been removed from the exclusion list.	4180

(E) This section does not apply to the voluntary exclusion	4181
list created as part of the voluntary exclusion program.	4182

Sec. 3772.032. (A) The permanent joint committee on gaming	4183
and wagering is established. The committee consists of six	4184
members. The speaker of the house of representatives shall appoint	4185
to the committee three members of the house of representatives and	4186
the president of the senate shall appoint to the committee three	4187
members of the senate. Not more than two members appointed from	4188
each chamber may be members of the same political party. The	4189
chairperson shall be from the opposite party as the chairperson of	4190
the joint committee on agency rule review. If the chairperson is	4191
to be from the house of representatives, the speaker of the house	4192
of representatives shall designate a member as the chairperson and	4193
the president of the senate shall designate a member as the	4194
vice-chairperson. If the chairperson is to be from the senate, the	4195
president of the senate shall designate a member as the	4196
chairperson and the speaker of the house of representatives shall	4197
designate a member as the vice-chairperson.	4198

(B) The committee shall:

4199

(1) Review all constitutional amendments, laws, and rules	4200
governing the operation and administration of casino gaming and	4201
all authorized gaming and wagering activities and recommend to the	4202
general assembly and commission any changes it may find desirable	4203
with respect to the language, structure, and organization of those	4204
amendments, laws, or rules;	4205

(2) Make an annual report to the governor and to the general	4206
assembly with respect of the operation and administration of	4207
casino gaming;	4208

(3) Approve all changes of fees and penalties as provided in	4209
this chapter and rules adopted thereunder; and	4210

(4) Study all proposed changes to the constitution and laws	4211
of this state and to the rules adopted by the commission governing	4212
the operation and administration of casino gaming, and report to	4213
the general assembly on their adequacy and desirability as a	4214
matter of public policy.	4215

(C) Any study, or any expense incurred, in furtherance of the	4216
committee's objectives shall be paid for from, or out of, the	4217
casino control commission fund or other appropriation provided by	4218
law. The members shall receive no additional compensation, but	4219
shall be reimbursed for actual and necessary expenses incurred in	4220
the performance of their official duties.	4221

Sec. 3772.033. In carrying out the responsibilities vested in	4222
the commission by this chapter, the commission may do all the	4223
following and may designate any such responsibilities to the	4224
executive director, to the commission's employees, or to the	4225
gaming agents:	4226

(A) Inspect and examine all premises where casino gaming is	4227
conducted or gaming supplies, devices, or equipment are	4228
manufactured, sold, or distributed;	4229

(B) Inspect all gaming supplies, devices, and equipment in or	4230
about a casino facility;	4231

(C) Summarily impound and seize and remove from the casino	4232
facility premises gaming supplies, devices, and equipment for the	4233
purpose of examination and inspection;	4234

(D) Determine any facts, or any conditions, practices, or	4235
other matters, as the commission considers necessary or proper to	4236
aid in the enforcement of this chapter or of a rule adopted	4237
thereunder;	4238

(E) Audit gaming operations that have ceased operation;

4239

(F) Investigate, for the purpose of prosecution, any	4240
suspected violation of this chapter or rules adopted thereunder;	4241

(G) Investigate as appropriate to aid the commission and to	4242
seek the executive director's advice in adopting rules;	4243

(H) Secure information as is necessary to provide a basis for	4244
recommending legislation for the improvement of this chapter;	4245

(I) Make, execute, and otherwise effectuate all contracts and	4246
other agreements, including contracts for necessary purchases of	4247
goods and services. The commission shall ensure use of Ohio	4248
products or services in compliance with sections 125.09 and 125.11	4249
of the Revised Code and all rules adopted thereunder.	4250

(J) Employ the services of persons the commission considers	4251
necessary for the purposes of consultation or investigation, and	4252
fix the salaries of, or contract for the services of, legal,	4253
accounting, technical, operational, and other personnel and	4254
consultants;	4255

(K) Secure, by agreement, information and services as the	4256
commission considers necessary from any state agency or other unit	4257
of state government;	4258

(L) Acquire furnishings, equipment, supplies, stationery,	4259
books, and all other things the commission considers necessary or	4260
desirable to successfully and efficiently carry out the	4261
commission's duties and functions; and	4262

(M) Perform all other things the commission considers	4263
necessary to effectuate the intents and purposes of this chapter.	4264

Sec. 3772.034. A casino operator, management company, holding	4265
company, gaming-related vendor, the state, and employees of those	4266
entities are entitled to immunity from any type of civil or	4267
criminal liability if a person participating in the voluntary	4268
exclusion program enters a casino facility.	4269

Sec. 3772.04. (A)(1) If, as the result of an investigation,	4270
the commission concludes that a license or finding required by	4271
this chapter should be limited, conditioned, or restricted, or	4272
suspended or revoked, the commission shall conduct an adjudication	4273
under Chapter 119. of the Revised Code.	4274

(2) The commission shall appoint a hearing examiner to	4275
conduct the hearing in the adjudication. A party to the	4276
adjudication may file written objections to the hearing examiner's	4277
report and recommendations not later than the thirtieth day after	4278
they are served upon the party or the party's attorney or other	4279
representative of record. The commission shall not take up the	4280
hearing examiner's report and recommendations earlier than the	4281
thirtieth day after the hearing examiner's report and	4282
recommendations were submitted to the commission.	4283

(3) If the commission finds that a person has violated this	4284
chapter or a rule adopted thereunder, the commission may issue an	4285
order:	4286

(a) Limiting, conditioning, or restricting, or suspending or	4287
revoking, a license issued under this chapter;	4288

(b) Limiting, conditioning, or restricting, or suspending or	4289
revoking, a finding made under this chapter;	4290

(c) Requiring a casino facility to exclude a licensee from	4291
the casino facility or requiring a casino facility not to pay to	4292
the licensee any remuneration for services or any share of	4293
profits, income, or accruals on the licensee's investment in the	4294
casino facility; or	4295

(d) Fining a licensee or other person according to the	4296
schedule of penalties adopted by the commission.	4297

(4) An order may be judicially reviewed under section 119.12	4298
of the Revised Code.	4299

(B) For the purpose of conducting any study or investigation,	4300
the commission may direct that public hearings be held at a time	4301
and place, prescribed by the commission, in accordance with	4302
section 121.22 of the Revised Code. The commission shall give	4303
notice of all public hearings in such manner as will give actual	4304
notice to all interested parties.	4305

(C) In the discharge of any duties imposed by this chapter,	4306
the commission may require that testimony be given under oath and	4307
administer such oath, issue subpoenas compelling the attendance of	4308
witnesses and the production of any papers, books, and accounts,	4309
and cause the deposition of any witness. In the event of the	4310
refusal of any person without good cause to comply with the terms	4311
of a subpoena issued by the commission or refusal to testify on	4312
matters about which the person may lawfully be questioned, the	4313
prosecuting attorney of the county in which such person resides,	4314
upon the petition of the commission, may bring a proceeding for	4315
contempt against such person in the court of common pleas of that	4316
county.	4317

(D) When conducting a public hearing, the commission shall	4318
not limit the number of speakers who may testify. However, the	4319
commission may set reasonable time limits on the length of an	4320
individual's testimony or the total amount of time allotted to	4321
proponents and opponents of an issue before the commission.	4322

(E) An administrative law judge appointed by the commission	4323
may conduct a hearing under this chapter and recommend findings of	4324
fact and decisions to the commission.	4325

(F) The commission may rely, in whole or in part, upon	4326
investigations, conclusions, or findings of other casino gaming	4327
commissions or other government regulatory bodies in connection	4328
with licensing, investigations, or other matters relating to an	4329
applicant or licensee under this chapter.	4330

Sec. 3772.05. To carry out the provisions of this chapter and	4331
other enforcement provisions provided for under the laws of this	4332
state, the tax commissioner, the inspector general, and the	4333
commission, and their respective employees, may demand access to	4334
and inspect, examine, photocopy, and audit all books, accounts,	4335
records, and memoranda of any person that is not protected by	4336
privilege and that is subject to the provisions of this chapter,	4337
and may examine under oath any officer, agent, or employee of that	4338
person.	4339

Sec. 3772.051. Upon cessation of gaming operations, a former	4340
licensee shall furnish, upon the demand of the commission, books,	4341
papers, and other records as necessary for the commission to audit	4342
the ceased gaming operation. A former licensee shall maintain all	4343
books, papers, and other records for a period of three years after	4344
the cessation of gaming operations. However, if a civil action or	4345
criminal proceeding relating to the former licensee is pending, or	4346
if an administrative adjudication or judicial review of an	4347
administrative adjudication relating to the former licensee is	4348
pending, the former licensee shall maintain all books, papers, and	4349
other records until the matter has been finally determined.	4350

If a person disobeys a subpoena or subpoena duces tecum, or	4351
refuses to testify as directed by a subpoena, the commission shall	4352
request the prosecutor of the county in which the person resides	4353
to apply to the court of common pleas for an order compelling the	4354
person to attend or to produce tangible evidence, or to testify,	4355
as directed by the subpoena or subpoena duces tecum. The court	4356
shall treat the application as if it were disobedience to comply	4357
with a subpoena or subpoena duces tecum issued by the court or a	4358
refusal to testify in the court.	4359

Sec. 3772.06. (A)(1) The commission shall appoint an	4360
executive director who shall serve at the pleasure of the	4361
commission. The executive director is in the unclassified service,	4362
shall devote full time to the duties of the office, and shall hold	4363
no other office or employment. The executive director shall, by	4364
experience and training, possess management skills that equip the	4365
executive director to administer an enterprise of the nature of	4366
the commission. The executive director shall not have a pecuniary	4367
interest in any business organization that holds a license under	4368
this chapter, or that does business with any person licensed under	4369
this chapter. A member of the general assembly, a person who holds	4370
an elective office, or an office holder of a political party is	4371
ineligible to be appointed executive director at the same time as	4372
being such a member or holding such an office. The executive	4373
director shall receive an annual salary in accordance with pay	4374
range 48 of section 124.152 of the Revised Code.	4375

(2) The executive director, before entering upon the	4376
discharge of the executive director's official duties, shall give,	4377
and thereafter shall maintain, bond in the amount of twenty-five	4378
thousand dollars, payable to the state, conditioned upon the	4379
executive director's faithful and proper performance of the	4380
executive director's official duties. The bond shall be issued by	4381
a surety authorized to do business in this state and shall be	4382
filed with the secretary of state. The bond may be an individual	4383
bond or a schedule or blanket bond.	4384

(B)(1) The executive director or a deputy designated in	4385
writing by the executive director shall attend all meetings of the	4386
commission and shall act as its secretary. The executive director	4387
shall keep a record of all commission proceedings and shall keep	4388
the commission's records, files, and documents at the commission's	4389
principal office.	4390

(2) The executive director shall be the chief executive	4391
officer and shall be responsible for keeping all commission	4392
records and supervising and administering casino gaming in	4393
accordance with this chapter, and enforcing all commission rules	4394
adopted under this chapter.	4395

(3) The executive director shall hire staff, including an	4396
assistant director or deputy directors, as necessary to assist the	4397
executive director in the executive director's duties under this	4398
chapter. In appointing employees, the executive director is	4399
subject to section 3772.061 of the Revised Code. The executive	4400
director may employ employees as necessary, unless the commission	4401
determines otherwise. Except as otherwise provided in this	4402
chapter, all costs of administration incurred by the executive	4403
director and the executive director's employees shall be paid out	4404
of the casino control commission fund.	4405

(C) A state agency or other unit of state government shall	4406
cooperate with the commission, and shall provide the commission	4407
with information and services the commission considers necessary	4408
to carry out the commission's duties and functions under this	4409
chapter.	4410

(D) The executive director shall confer at least once each	4411
month with the commission, at which time the executive director	4412
shall advise it regarding the operation and administration of the	4413
commission and casino gaming. The executive director shall make	4414
available at the request of the commission all documents, files,	4415
and other records pertaining to the operation and administration	4416
of the commission and casino gaming. The executive director shall	4417
prepare and make available to the commission each month a complete	4418
and accurate accounting of gross casino gaming revenues, and all	4419
other relevant financial information, including an accounting of	4420
all transfers made from the casino control commission fund.	4421

Sec. 3772.061. The executive director of the commission	4422
shall appoint the number of professional, technical, and clerical	4423
employees that is necessary, in the executive director's	4424
reasonable opinion, for conducting internal audits, as an internal	4425
auditing department, of the commission. The professional and	4426
technical employees so appointed shall be qualified by education,	4427
licensing (if relevant), and experience to perform the internal	4428
audit function successfully and efficiently. These employees,	4429
together with clerical employees necessary for their support,	4430
shall be assigned only to the internal audit function and not to	4431
any other function of the commission.	4432

The internal auditing department, at reasonable intervals and	4433
as necessary, shall conduct internal audits of the commission. The	4434
internal audits shall audit the accounts and transactions of the	4435
commission, ascertain the condition of funds used by the	4436
commission, and make an inventory of the funds and of the assets	4437
under the control of the commission. The report of an internal	4438
audit shall be signed by the employee who was principally	4439
responsible for conducting the internal audit. A copy of the	4440
signed report shall be forwarded to the commission and to the	4441
auditor of state. The report is not a public record that is open	4442
to public inspection and copying until it has been forwarded as	4443
required by the preceding sentence.	4444

Sec. 3772.062. The executive director of the commission	4445
shall enter into an agreement with the department of alcohol and	4446
drug addiction services under which the department provides a	4447
program of gambling and addiction services on behalf of the	4448
commission.	4449

Sec. 3772.07. The following appointing or licensing	4450
authorities shall obtain a criminal records check of the person	4451
who is to be appointed or licensed:	4452

(A) The governor, before appointing an individual as a member	4453
of the commission;	4454

(B) The commission, before appointing an individual as	4455
executive director or a gaming agent;	4456

(C) The commission, before issuing a license for a key	4457
employee or casino gaming employee, and before issuing a license	4458
for each investor, except an institutional investor, for a casino	4459
operator, management company, holding company, or gaming-related	4460
vendor;	4461

(D) The executive director, before appointing an individual	4462
as a professional, technical, or clerical employee of the	4463
commission.	4464

Thereafter, such an appointing or licensing authority shall	4465
obtain a criminal records check of the same individual at	4466
three-year intervals.	4467

The appointing or licensing authority shall provide to each	4468
person of whom a criminal records check is required a copy of the	4469
form and the standard fingerprint impression sheet prescribed	4470
under divisions (C)(1) and (2) of section 109.572 of the Revised	4471
Code. The person shall complete the form and impression sheet and	4472
return them to the appointing or licensing authority. If a person	4473
fails to complete and return the form and impression sheet within	4474
a reasonable time, the person is ineligible to be appointed or	4475
licensed or to continue in the appointment or licensure.	4476

The appointing or licensing authority shall forward the	4477
completed form and impression sheet to the superintendent of the	4478
bureau of criminal identification and investigation. The	4479
appointing or licensing authority shall request the superintendent	4480
also to obtain information from the federal bureau of	4481
investigation, including fingerprint-based checks of the national	4482
crime information databases, and from other states and the federal	4483
government under the national crime prevention and privacy compact	4484
as part of the criminal records check.	4485

The commission shall pay the fee the bureau of criminal	4486
identification and investigation charges for all criminal records	4487
checks conducted under this section. An applicant for a casino	4488
operator, management company, holding company, or gaming-related	4489
vendor license shall reimburse the commission for the amount of	4490
the fee paid on the applicant's behalf. An applicant for a key	4491
employee or casino gaming employee license shall reimburse the	4492
commission for the amount of the fee paid on the applicant's	4493
behalf, unless the applicant is applying at the request of a	4494
casino operator or management company, in which case the casino	4495
operator or management company shall reimburse the commission.	4496

The appointing or licensing authority shall review the	4497
results of a criminal records check. The appointing or licensing	4498
authority shall not appoint or license or retain the appointment	4499
or licensure of a person a criminal records check discloses has	4500
been convicted of or has pleaded guilty or no contest to a	4501
disqualifying offense. A "disqualifying offense" means any	4502
gambling offense, any theft offense, any offense having an element	4503
of fraud or misrepresentation, any offense having an element of	4504
moral turpitude, and any felony not otherwise included in the	4505
foregoing list, except as otherwise provided in section 3772.10 of	4506
the Revised Code for casino gaming employees.	4507

The report of a criminal records check is not a public record	4508
that is open to public inspection and copying. The commission	4509
shall not make the report available to any person other than the	4510
person who was the subject of the criminal records check or the	4511
person's agent; an appointing or licensing authority; a member,	4512
the executive director, or an employee of the commission; or any	4513
court or agency, including a hearing examiner, in a judicial or	4514
administrative proceeding in which the criminal records check is	4515
relevant.	4516

Sec. 3772.08. (A) Casino gaming shall be conducted only by	4517
licensed casino operators of the four casino facilities or by a	4518
licensed management company retained by a licensed casino	4519
operator.	4520

(B) A licensed casino operator, licensed management company,	4521
or another person may provide nongaming amenities at the casino	4522
facility.	4523

(C) No licensed casino operator shall offer keno at a casino	4524
facility other than keno authorized by the state lottery	4525
commission.	4526

Sec. 3772.09. (A) No casino operator, management company,	4527
holding company, gaming-related vendor, key employee, or casino	4528
gaming employee shall conduct or participate in conducting casino	4529
gaming without first obtaining a license from the commission.	4530

(B) Before a licensed casino operator may conduct casino	4531
gaming at a casino facility, a licensed casino operator shall	4532
engage a third-party engineering or accounting firm to certify	4533
expenses of its initial investment, as required by section 3772.27	4534
of the Revised Code, and provide documentation to the commission.	4535
The third-party engineering or accounting firm shall be approved	4536
by the commission and shall certify expenses in accordance with	4537
rules adopted by the commission under section 3772.03 of the	4538
Revised Code. The commission may request the department of	4539
administrative services to assist the commission in carrying out	4540
its duties under this section.	4541

Sec. 3772.091. (A) No license issued under this chapter is	4542
transferable. New majority ownership interest or control shall	4543
require a new license. A significant change in or transfer of	4544
control, as determined by the commission, shall require the filing	4545
of an application for a new license and submission of a license	4546
fee with the commission before any such change or transfer of	4547
control is approved. A change in or transfer of control to an	4548
immediate family member is not considered a significant change	4549
under this section.	4550

(B) As used in this section, "control" means either of the	4551
following:	4552

(1) Either:

4553

(a) Holding fifty per cent or more of the outstanding voting	4554
securities of a licensee; or	4555

(b) For an unincorporated licensee, having the right to fifty	4556
per cent or more of the profits of the licensee, or having the	4557
right in the event of dissolution to fifty per cent or more of the	4558
assets of the licensee.	4559

(2) Having the contractual power presently to designate fifty	4560
per cent or more of the directors of a for-profit or	4561
not-for-profit corporation, or in the case of trusts described in	4562
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	4563
a trust.	4564

Sec. 3772.10. (A) In determining whether to grant or maintain	4565
a casino operator, management company, holding company, key	4566
employee, casino gaming employee, or gaming-related vendor	4567
license, the Ohio casino control commission shall consider all of	4568
the following, as applicable:	4569

(1) The reputation, experience, and financial integrity of	4570
the applicant, its holding company, if applicable, and any other	4571
person that directly controls the applicant;	4572

(2) The financial ability of the applicant to purchase and	4573
maintain adequate liability and casualty insurance and to provide	4574
an adequate surety bond;	4575

(3) The past and present compliance of the applicant and its	4576
affiliates or affiliated companies with casino-related licensing	4577
requirements in this state or any other jurisdiction, including	4578
whether the applicant has a history of noncompliance with the	4579
casino licensing requirements of any jurisdiction;	4580

(4) If the applicant has been indicted, convicted, pleaded	4581
guilty or no contest, or forfeited bail concerning any criminal	4582
offense under the laws of any jurisdiction, either felony or	4583
misdemeanor, not including traffic violations;	4584

(5) If the applicant has filed, or had filed against it a	4585
proceeding for bankruptcy or has ever been involved in any formal	4586
process to adjust, defer, suspend, or otherwise work out the	4587
payment of any debt;	4588

(6) If the applicant has been served with a complaint or	4589
other notice filed with any public body regarding a payment of any	4590
tax required under federal, state, or local law that has been	4591
delinquent for one or more years;	4592

(7) If the applicant is or has been a defendant in litigation	4593
involving its business practices;	4594

(8) If awarding a license would undermine the public's	4595
confidence in the casino gaming industry in this state;	4596

(9) If the applicant meets other standards for the issuance	4597
of a license that the commission adopts by rule, which shall not	4598
be arbitrary, capricious, or contradictory to the expressed	4599
provisions of this chapter.	4600

(B) If the commission determines that a person is eligible	4601
under this chapter to be issued a license as a casino operator,	4602
management company, holding company, key employee, casino gaming	4603
employee, or gaming-related vendor, the commission shall issue	4604
such license for not more than three years, as determined by	4605
commission rule, if all other requirements of this chapter have	4606
been satisfied.	4607

(C) The commission shall not issue a casino operator,	4608
management company, holding company, key employee, casino gaming	4609
employee, or gaming-related vendor license under this chapter to	4610
an applicant if:	4611

(1) The applicant has been convicted of a disqualifying	4612
offense, as defined in section 3772.07 of the Revised Code, unless	4613
the person is an applicant for a casino gaming employee license.	4614
For an offense other than a gambling offense, an applicant for a	4615
casino gaming employee license may prove to the commission, by	4616
clear and convincing evidence, that the applicant's activities and	4617
employment record for at least ten years after the conviction show	4618
that the applicant is honest, truthful, and of good reputation,	4619
and there is no basis in fact for believing that the applicant	4620
will commit such an offense again.	4621

(2) The applicant has submitted an application for license	4622
under this chapter that contains false information.	4623

(3) The applicant is a commission member.

4624

(4) The applicant owns an ownership interest that is unlawful	4625
under this chapter, unless waived by the commission.	4626

(5) The applicant violates specific rules adopted by the	4627
commission related to denial of licensure.	4628

(6) The applicant is a member of or employed by a gaming	4629
regulatory body of a governmental unit in this state, another	4630
state, or the federal government, or is employed by a governmental	4631
unit of this state. This division does not prohibit a casino	4632
operator from hiring special duty law enforcement officers if the	4633
officers are not specifically involved in gaming-related	4634
regulatory functions.	4635

(7) The commission otherwise determines the applicant is	4636
ineligible for the license.	4637

(D)(1) The commission shall investigate the qualifications of	4638
each applicant under this chapter before any license is issued and	4639
before any finding with regard to acts or transactions for which	4640
commission approval is required is made. The commission shall	4641
continue to observe the conduct of all licensees and all other	4642
persons having a material involvement directly or indirectly with	4643
a casino operator, management company, or holding company to	4644
ensure that licenses are not issued to or held by, or that there	4645
is not any material involvement with a casino operator, management	4646
company, or holding company by, an unqualified, disqualified, or	4647
unsuitable person or a person whose operations are conducted in an	4648
unsuitable manner or in unsuitable or prohibited places or	4649
locations.	4650

(2) The executive director may recommend to the commission	4651
that it deny any application, or limit, condition, or restrict, or	4652
suspend or revoke, any license or finding, or impose any fine upon	4653
any licensee or other person according to this chapter and the	4654
rules adopted thereunder.	4655

(3) A license issued under this chapter is a revocable	4656
privilege. No licensee has a vested right in or under any license	4657
issued under this chapter. The initial determination of the	4658
commission to deny, or to limit, condition, or restrict, a license	4659
may be appealed under section 2505.03 of the Revised Code.	4660

(E)(1) An institutional investor otherwise required to be	4661
found suitable or qualified under this chapter and the rules	4662
adopted under this chapter shall be presumed suitable or qualified	4663
upon submitting documentation sufficient to establish	4664
qualifications as an institutional investor and upon certifying	4665
all of the following:	4666

(a) The institutional investor owns, holds, or controls	4667
publicly traded securities issued by a licensee or holding,	4668
intermediate, or parent company of a licensee or in the ordinary	4669
course of business for investment purposes only.	4670

(b) The institutional investor does not exercise influence	4671
over the affairs of the issuer of such securities nor over any	4672
licensed subsidiary of the issuer of such securities.	4673

(c) The institutional investor does not intend to exercise	4674
influence over the affairs of the issuer of such securities, nor	4675
over any licensed subsidiary of the issuer of such securities, in	4676
the future, and that it agrees to notify the commission in writing	4677
within thirty days if such intent changes.	4678

(2) The exercise of voting privileges with regard to publicly	4679
traded securities shall not be deemed to constitute the exercise	4680
of influence over the affairs of a licensee.	4681

(3) The commission shall rescind the presumption of	4682
suitability for an institutional investor at any time if the	4683
institutional investor exercises or intends to exercise influence	4684
or control over the affairs of the licensee.	4685

(4) This division shall not be construed to preclude the	4686
commission from investigating the suitability or qualifications of	4687
an institutional investor if the commission becomes aware of facts	4688
or information that may result in the institutional investor being	4689
found unsuitable or disqualified.	4690

(F) Information provided on the application shall be used as	4691
a basis for a thorough background investigation of each applicant.	4692
A false or incomplete application is cause for denial of a license	4693
by the commission. All applicants and licensees shall consent to	4694
inspections, searches, and seizures and to the disclosure to the	4695
commission and its agents of confidential records, including tax	4696
records, held by any federal, state, or local agency, credit	4697
bureau, or financial institution and to provide handwriting	4698
exemplars, photographs, fingerprints, and information as	4699
authorized in this chapter and in rules adopted by the commission.	4700

Sec. 3772.11. (A) A person may apply to the commission for a	4701
casino operator, management company, or holding company license to	4702
conduct casino gaming at a casino facility as provided in this	4703
chapter. The application shall be made under oath on forms	4704
provided by the commission and shall contain information as	4705
prescribed by rule, including, but not limited to, all of the	4706
following:	4707

(1) The name, business address, business telephone number,	4708
social security number, and, where applicable, the federal tax	4709
identification number of any applicant;	4710

(2) The identity of every person having a greater than five	4711
per cent direct interest in the applicant casino facility for	4712
which the license is sought;	4713

(3) An identification of any business, including the state of	4714
incorporation or registration if applicable, in which an	4715
applicant, or the spouse or children of an applicant, has an	4716
equity interest of more than five per cent;	4717

(4) The name of any casino operator, management company,	4718
holding company, and gaming-related vendor in which the applicant	4719
has an equity interest of at least five per cent;	4720

(5) If an applicant has ever applied for or has been granted	4721
any gaming license or certificate issued by a licensing authority	4722
in Ohio or any other jurisdiction that has been denied,	4723
restricted, suspended, revoked, or not renewed and a statement	4724
describing the facts and circumstances concerning the application,	4725
denial, restriction, suspension, revocation, or nonrenewal,	4726
including the licensing authority, the date each action was taken,	4727
and the reason for each action;	4728

(6) If an applicant has ever filed or had filed against it a	4729
civil or administrative action or proceeding in bankruptcy,	4730
including the date of filing, the name and location of the court,	4731
the case caption, the docket number, and the disposition;	4732

(7) The name and business telephone number of any attorney	4733
representing an applicant in matters before the commission;	4734

(8) Information concerning the amount, type of tax, the	4735
taxing agency, and times involved, if the applicant has filed or	4736
been served with a complaint or notice filed with a public body	4737
concerning a delinquency in the payment of or a dispute over a	4738
filing concerning the payment of a tax required under federal,	4739
state, or local law;	4740

(9) A description of any proposed casino gaming operation and	4741
related casino enterprises, including the type of casino facility,	4742
location, expected economic benefit to the community, anticipated	4743
or actual number of employees, any statement from an applicant	4744
regarding compliance with federal and state affirmative action	4745
guidelines, projected or actual admissions, projected or actual	4746
gross receipts, and scientific market research;	4747

(10) Financial information in the manner and form prescribed	4748
by the commission;	4749

(11) If an applicant has directly made a political	4750
contribution, loan, donation, or other payment of one hundred	4751
dollars or more to a statewide office holder, a member of the	4752
general assembly, a local government official elected in a	4753
jurisdiction where a casino facility is located, or a ballot issue	4754
not more than one year before the date the applicant filed the	4755
application and all information relating to the contribution,	4756
loan, donation, or other payment; and	4757

(12) Other information required by the commission under rules	4758
adopted by the commission.	4759

(B) Any holding company or management company, its directors,	4760
executive officers, and any shareholder who holds more than five	4761
per cent ownership interest of a holding company or management	4762
company shall be required to submit the same information as	4763
required by an applicant under this section.	4764

Sec. 3772.111. In determining whether to grant a casino	4765
operator license, the commission shall also consider:	4766

(A) The facilities or proposed facilities for the conduct of	4767
casino gaming;	4768

(B) The prospective total revenue to be collected by the	4769
state from the conduct of casino gaming;	4770

(C) The extent to which the applicant exceeds or meets other	4771
standards adopted by the commission.	4772

Sec. 3772.112. Before a license is issued to a casino	4773
operator, the casino operator shall post, and thereafter shall	4774
maintain, a surety bond in the amount of one million dollars	4775
payable to the state, conditioned on the casino operator complying	4776
with Section 6(C) of Article XV, Ohio Constitution, this chapter,	4777
and the rules adopted under this chapter. The bond shall be issued	4778
by a surety that is licensed to do business in this state, and	4779
shall be approved by the commission. The total aggregate liability	4780
of the surety on the bond is limited to the amount specified in	4781
the bond. The surety shall not cancel the bond unless the surety	4782
has given the commission, in the event of nonpayment of premium,	4783
ten days' notice of the intention to cancel, and in the event of	4784
any other cause, thirty days' notice of the intention to cancel.	4785
If the bond is to be canceled, and if the casino operator fails to	4786
post and maintain a new surety bond in the specified amount on or	4787
before the day of cancellation, the casino operator's license is	4788
void.	4789

Sec. 3772.12. (A) A person may apply for a gaming-related	4790
vendor license. All applications shall be made under oath.	4791

(B) A person who holds a gaming-related vendor's license is	4792
authorized to sell or lease, and to contract to sell or lease,	4793
equipment and supplies to any licensee involved in the ownership	4794
or management of a casino facility.	4795

(C) Gambling supplies and equipment shall not be distributed	4796
unless supplies and equipment conform to standards adopted in	4797
rules adopted by the commission.	4798

Sec. 3772.121. (A) The commission shall issue a	4799
gaming-related vendor's license under this chapter to an applicant	4800
who has:	4801

(1) Applied for the gaming-related vendor's license;

4802

(2) Paid a nonrefundable license fee as described in section	4803
3772.17 of the Revised Code;	4804

(3) Submitted two sets of the applicant's fingerprints; and

4805

(4) Been determined by the commission as eligible for a	4806
gaming-related vendor's license.	4807

(B) A gaming-related vendor shall furnish to the commission a	4808
list of all equipment, devices, and supplies offered for sale or	4809
lease in connection with casino games authorized under this	4810
chapter.	4811

(C) A gaming-related vendor's equipment, devices, or supplies	4812
that are used by a person in an unauthorized casino gaming	4813
operation shall be forfeited to the state.	4814

Sec. 3772.13. (A) No person may be employed as a key employee	4815
unless the person is the holder of a valid key employee license	4816
issued by the commission.	4817

(B) Each applicant shall, before the issuance of any key	4818
employee license, produce information, documentation, and	4819
assurances as are required by this chapter and rules adopted	4820
thereunder. In addition, each applicant shall, in writing,	4821
authorize the examination of all bank accounts and records as may	4822
be deemed necessary by the commission.	4823

(C) To be eligible for a key employee license, the applicant	4824
shall be at least twenty-one years of age and shall meet the	4825
criteria set forth by rule by the commission.	4826

(D) Each application for a key employee license shall be on a	4827
form prescribed by the commission and shall contain all	4828
information required by the commission. The applicant shall set	4829
forth in the application if the applicant has been issued prior	4830
gambling-related licenses; if the applicant has been licensed in	4831
any other state under any other name, and, if so, the name under	4832
which the license was issued and the applicant's age at the time	4833
the license was issued; and if a permit or license issued to the	4834
applicant in any other state has been suspended, restricted, or	4835
revoked, and, if so, the cause and the duration of each action.	4836

(E) Each applicant shall submit with each application, on a	4837
form provided by the commission, two sets of fingerprints and a	4838
photograph. The commission shall charge each applicant an	4839
application fee set by the commission to cover all actual costs	4840
generated by each licensee and all background checks under this	4841
section and section 3772.07 of the Revised Code.	4842

(F)(1) The casino operator, management company, or holding	4843
company by whom a person is employed as a key employee shall	4844
terminate the person's employment in any capacity requiring a	4845
license under this chapter and shall not in any manner permit the	4846
person to exercise a significant influence over the operation of a	4847
casino facility if:	4848

(a) The person does not apply for and receive a key employee	4849
license within six months of being issued a provisional license,	4850
as established under commission rule, and the commission finds	4851
that recalcitrance unsuitable.	4852

(b) The person's application for a key employee license is	4853
denied by the commission.	4854

(c) The person's key employee license is revoked by the	4855
commission.	4856

The commission shall notify the casino operator, management	4857
company, or holding company who employs such a person by certified	4858
mail of any such finding, denial, or revocation.	4859

(2) A casino operator, management company, or holding company	4860
shall not pay to a person whose employment is terminated under	4861
division (F)(1) of this section, any remuneration for any services	4862
performed in any capacity in which the person is required to be	4863
licensed, except for amounts due for services rendered before	4864
notice was received under that division. A contract or other	4865
agreement for personal services or for the conduct of any casino	4866
gaming at a casino facility between a casino operator, management	4867
company, or holding company and a person whose employment is	4868
terminated under division (F)(1) of this section may be terminated	4869
by the casino operator, management company, or holding company	4870
without further liability on the part of the casino operator,	4871
management company, or holding company. Any such contract or other	4872
agreement is deemed to include a term authorizing its termination	4873
without further liability on the part of the casino operator,	4874
management company, or holding company upon receiving notice under	4875
division (F)(1) of this section. That a contract or other	4876
agreement does not expressly include such a term is not a defense	4877
in any action brought to terminate the contract or other	4878
agreement, and is not grounds for relief in any action brought	4879
questioning termination of the contract or other agreement.	4880

(3) A casino operator, management company, or holding	4881
company, without having obtained the prior approval of the	4882
commission, shall not enter into any contract or other agreement	4883
with a person who has been found unsuitable, who has been denied a	4884
license, or whose license has been revoked under division (F)(1)	4885
of this section, or with any business enterprise under the control	4886
of such a person, after the date on which the casino operator,	4887
management company, or holding company receives notice under that	4888
division.	4889

Sec. 3772.131. (A) All casino gaming employees are required	4890
to have a casino gaming employee license. "Casino gaming employee"	4891
means the following and their supervisors:	4892

(1) Individuals involved in operating a casino gaming pit,	4893
including dealers, shills, clerks, hosts, and junket	4894
representatives;	4895

(2) Individuals involved in handling money, including	4896
cashiers, change persons, count teams, and coin wrappers;	4897

(3) Individuals involved in operating casino games;

4898

(4) Individuals involved in operating and maintaining slot	4899
machines, including mechanics, floor persons, and change and	4900
payoff persons;	4901

(5) Individuals involved in security, including guards and	4902
game observers;	4903

(6) Individuals with duties similar to those described in	4904
divisions (A)(1) to (5) of this section. "Casino gaming employee"	4905
does not include an individual whose duties are related solely to	4906
nongaming activities such as entertainment, hotel operation,	4907
maintenance, or preparing or serving food and beverages.	4908

(B) The commission may issue a casino gaming employee license	4909
to an applicant after it has determined that the applicant is	4910
eligible for a license under rules adopted by the commission and	4911
paid any applicable fee. All applications shall be made under	4912
oath.	4913

(C) To be eligible for a casino gaming employee license, an	4914
applicant shall be at least twenty-one years of age.	4915

(D) Each application for a casino gaming employee license	4916
shall be on a form prescribed by the commission and shall contain	4917
all information required by the commission. The applicant shall	4918
set forth in the application if the applicant has been issued	4919
prior gambling-related licenses; if the applicant has been	4920
licensed in any other state under any other name, and, if so, the	4921
name under which the license was issued and the applicant's age at	4922
the time the license was issued; and if a permit or license issued	4923
to the applicant in any other state has been suspended,	4924
restricted, or revoked, and, if so, the cause and the duration of	4925
each action.	4926

(E) Each applicant shall submit with each application, on a	4927
form provided by the commission, two sets of the applicant's	4928
fingerprints and a photograph. The commission shall charge each	4929
applicant an application fee to cover all actual costs generated	4930
by each licensee and all background checks.	4931

Sec. 3772.14. (A) After notice and opportunity for an	4932
adjudication conducted under Chapter 119. of the Revised Code, the	4933
commission may suspend, revoke, or refuse to issue or renew a	4934
license in accordance with rules adopted by the commission.	4935

(B) Without in any manner limiting the authority of the	4936
commission to impose the level and type of discipline it may	4937
consider appropriate, the commission may take into consideration:	4938

(1) If the licensee knew or reasonably should have known that	4939
the action complained of was a violation of any law, regulation,	4940
or condition on the licensee's license;	4941

(2) If the licensee has previously been disciplined by the	4942
commission;	4943

(3) If the licensee has previously been subject to discipline	4944
by the commission concerning the violation of any law, regulation,	4945
or condition of the licensee's license;	4946

(4) If the licensee reasonably relied upon professional	4947
advice from a lawyer, doctor, accountant, or other recognized	4948
professional that was relevant to the action resulting in the	4949
violation;	4950

(5) If the licensee or licensee's employer had a reasonably	4951
constituted and functioning compliance program;	4952

(6) If the imposition of a condition requiring the licensee	4953
to establish and implement a written self-enforcement and	4954
compliance program would assist in ensuring the licensee's future	4955
compliance with all statutes, regulations, and conditions of the	4956
license;	4957

(7) If the licensee realized a pecuniary gain from the	4958
violation;	4959

(8) If the amount of any fine or other penalty imposed would	4960
result in disgorgement of any gains unlawfully realized by the	4961
licensee;	4962

(9) If the violation was caused by an officer or employee of	4963
the licensee, the level of authority of the individual who caused	4964
the violation;	4965

(10) If the individual who caused the violation acted within	4966
the scope of the individual's authority as granted by the	4967
licensee;	4968

(11) The adequacy of any training programs offered by the	4969
licensee or licensee's employer that were relevant to the activity	4970
which resulted in the violation;	4971

(12) If the licensee's action substantially deviated from	4972
industry standards and customs;	4973

(13) The extent to which the licensee cooperated with the	4974
commission during the investigation of the violation;	4975

(14) If the licensee has initiated remedial measures to	4976
prevent similar violations;	4977

(15) The magnitude of penalties imposed on other licensees	4978
for similar violations;	4979

(16) The proportionality of the penalty in relation to the	4980
misconduct;	4981

(17) The extent to which the amount of any fine imposed would	4982
punish the licensee for the conduct and deter future violations;	4983

(18) Any mitigating factors offered by the licensee; and

4984

(19) Any other factors the commission in its sole and	4985
absolute discretion may consider relevant.	4986

Sec. 3772.15. (A) Unless a license issued under this chapter	4987
is suspended, expires, or is revoked, the license shall be renewed	4988
for not more than three years, as determined by commission rule,	4989
after a determination by the commission that the licensee is in	4990
compliance with this chapter and rules authorized by this chapter	4991
and after the licensee pays a fee.	4992

(B) A licensee shall undergo a complete investigation at	4993
least every three years, as determined by commission rule, to	4994
determine that the licensee remains in compliance with this	4995
chapter.	4996

(C) Notwithstanding division (B) of this section, the	4997
commission may investigate a licensee at any time the commission	4998
determines it is necessary to ensure that the licensee remains in	4999
compliance with this section.	5000

(D) The holder of a license shall bear the cost of an	5001
investigation, except key employees and casino gaming employees	5002
who are employed by a casino operator, in which case the casino	5003
operator shall pay the investigation cost.	5004

Sec. 3772.16. (A) Any information concerning the following	5005
submitted, collected, or gathered as part of an application to the	5006
commission for a license under this chapter is confidential and	5007
not subject to disclosure as a record under section 149.43 of the	5008
Revised Code:	5009

(1) A minor child of an applicant;

5010

(2) The social security number of an applicant or the spouse	5011
of an applicant;	5012

(3) The home telephone number of an applicant or the spouse	5013
or children of an applicant;	5014

(4) An applicant's birth certificate;

5015

(5) The driver's license number of an applicant or the	5016
applicant's spouse;	5017

(6) The name or address of a previous spouse of the	5018
applicant;	5019

(7) The date of birth of the spouse of an applicant;

5020

(8) The place of birth of the spouse of an applicant;

5021

(9) The personal financial information and records of an	5022
applicant or the spouse or minor child of an applicant, including	5023
tax returns and information, and records of criminal proceedings;	5024

(10) Any information concerning a victim of domestic	5025
violence, sexual assault, or stalking;	5026

(11) The electronic mail address of the spouse or family	5027
member of the applicant;	5028

(12) An applicant's home addresses; and

5029

(13) Any trade secret.

5030

(B) Notwithstanding any other law, upon written request from	5031
a person, the commission shall provide the following information	5032
to the person except as provided in this chapter:	5033

(1) The information provided under this chapter concerning a	5034
licensee or an applicant;	5035

(2) The amount of the wagering tax and admission tax paid	5036
daily to the state by a licensed applicant or an operating agent;	5037
and	5038

(3) A copy of a letter providing the reasons for the denial	5039
of an applicant's license or an operating agent's contract and a	5040
copy of a letter providing the reasons for the commission's	5041
refusal to allow an applicant to withdraw the applicant's	5042
application, but with confidential information redacted if that	5043
information is the reason for the denial or refusal to withdraw.	5044

(C) Except as provided in divisions (C) and (D) of this	5045
section, in addition to information that is confidential under	5046
division (A) of this section, all information maintained by the	5047
commission concerning an individual who holds, held, or has	5048
applied for a license under this chapter:	5049

(1) Is confidential for purposes of this chapter and not	5050
subject to disclosure under section 149.43 of the Revised Code;	5051
and	5052

(2) May be released by the commission only for law	5053
enforcement purposes or to a state or local public agency, which	5054
shall keep such information confidential.	5055

(D) The individual's name, the individual's place of	5056
employment, the individual's job title, and the individual's	5057
gaming experience that is provided for an individual who holds,	5058
held, or has applied for a license under this chapter is not	5059
confidential. The reason for denial or revocation of a license or	5060
for disciplinary action against the individual and information	5061
submitted by the individual for a felony waiver request is not	5062
confidential.	5063

(E) An individual who holds, held, or has applied for a	5064
license under this chapter may waive the confidentiality	5065
requirements of division (A) of this section.	5066

Sec. 3772.17. (A) The upfront license fee to obtain a license	5067
as a casino operator shall be fifty million dollars per casino	5068
facility, which shall be deposited into the economic development	5069
programs fund, which is created in the state treasury. New casino	5070
operator, management company, and holding company license and	5071
renewal license fees shall be set by rule, subject to the approval	5072
of the joint committee on gaming and wagering.	5073

(B) The fee to obtain an application for a casino operator,	5074
management company, or holding company license shall be two	5075
million dollars per application. The application fee shall be	5076
deposited into the casino control commission fund. The application	5077
fee is nonrefundable.	5078

(C) The license fees for a gaming-related vendor shall be set	5079
by rule, subject to the approval of the joint committee on gaming	5080
and wagering. Additionally, the commission may assess an applicant	5081
a reasonable fee in the amount necessary to process a	5082
gaming-related vendor license application.	5083

(D) The license fees for a key employee shall be set by rule,	5084
subject to the approval of the joint committee on gaming and	5085
wagering. Additionally, the commission may assess an applicant a	5086
reasonable fee in the amount necessary to process a key employee	5087
license application. If the license is being sought at the request	5088
of a casino operator, such fees shall be paid by the casino	5089
operator.	5090

(E) The license fees for a casino gaming employee shall be	5091
set by rule, subject to the approval of the joint committee on	5092
gaming and wagering. If the license is being sought at the request	5093
of a casino operator, the fee shall be paid by the casino	5094
operator.	5095

Sec. 3772.18. (A) Each casino operator, management company,	5096
and holding company involved in the application and ownership or	5097
management of a casino facility shall provide to the commission as	5098
applicable:	5099

(1) An annual balance sheet;

5100

(2) An annual income statement;

5101

(3) An annual audited financial statement;

5102

(4) A list of the stockholders or other persons having at	5103
least a five per cent ownership interest in the casino operator,	5104
management company, or holding company and any other information	5105
the commission considers necessary for the effective	5106
administration of this chapter;	5107

(5) The applicant's plan and process to provide employment	5108
opportunities;	5109

(6) The applicant's plan and process to purchase goods and	5110
services from Ohio;	5111

(7) Notification of any material changes to the applicant's	5112
or licensee's stockholders must be provided to the commission	5113
within sixty days of the change. Notification of any refinancing	5114
and debt issuance shall be in accordance with rules adopted by the	5115
commission under Chapter 119. of the Revised Code; and	5116

(8) An applicant's compulsive and problem gambling plan. A	5117
casino operator shall submit an annual summary of its compulsive	5118
and problem gambling plan to the commission. The plan at a minimum	5119
shall contain the following elements:	5120

(a) The goals of the plan and procedures and timetables to	5121
implement the plan;	5122

(b) The identification of the individual who will be	5123
responsible for the implementation and maintenance of the plan;	5124

5125

(i) The commitment of the casino operator to train	5126
appropriate employees;	5127

(ii) The duties and responsibilities of the employees	5128
designated to implement or participate in the plan;	5129

(iii) The responsibility of patrons with respect to	5130
responsible gambling;	5131

(iv) Procedures for providing information to individuals	5132
regarding community, public and private treatment services,	5133
gamblers anonymous programs, and similar treatment or addiction	5134
therapy programs designed to prevent, treat, or monitor compulsive	5135
and problem gamblers and to counsel family members;	5136

(v) The provision of printed material to educate patrons	5137
about compulsive and problem gambling and to inform them about	5138
treatment services available to compulsive and problem gamblers	5139
and their families;	5140

(vi) The employee training program;

5141

(vii) Procedures to prevent underage gambling;

5142

(viii) Procedures to prevent intoxicated patrons from	5143
gambling;	5144

(ix) The plan for posting signs within the casino facility	5145
containing gambling treatment information.	5146

(9) An annual plan for and report of construction and	5147
operations that reasonably meet or exceed approved diversity goals	5148
during casino facility construction and in casino gaming	5149
operations and a process by which the commission shall determine	5150
if a casino operator is, in good faith, reasonably meeting or	5151
exceeding its goals as a condition of obtaining and maintaining a	5152
license to operate a casino facility. Annual plans shall include	5153
good faith efforts to meet goals in the following: supplier	5154
diversity; workplace diversity; diversity in community outreach;	5155
and diversity in provision of professional services.	5156

(B) Each casino operator shall submit quarterly updates and	5157
an annual report to the commission of its adherence to the plans	5158
and goals submitted under division (A) of this section. The	5159
department of administrative services may certify to the	5160
commission whether or not those plans and goals have been met.	5161

(C) Preference shall be given to public and private	5162
Ohio-based institutions to train employees for casino-related	5163
employment opportunities.	5164

Sec. 3772.19. A person shall not hold a majority ownership	5165
interest in, or be a management company for, more than two casino	5166
facilities at any one time. A person shall not hold a majority	5167
ownership interest in, or be a management company, for more than	5168
two tracks at which horse racing where the pari-mutuel system of	5169
wagering is conducted at any one time, of which not more than one	5170
shall be a track for thoroughbred horses.	5171

Sec. 3772.20. (A) A maximum of five thousand slot machines	5172
may be operated at a casino facility. Each casino operator for	5173
each casino facility shall determine the total number of slot	5174
machines in their facility, up to a maximum of five thousand slot	5175
machines that may be operated at such casino facility. There shall	5176
be no limit on the number of table games allowed at each casino	5177
facility.	5178

(B) Any slot machine game or table game currently authorized	5179
in, and any future slot machine or table game authorized in, the	5180
states of Indiana, Michigan, Pennsylvania, and West Virginia may	5181
be conducted at casino facilities in this state at the discretion	5182
of a licensed casino operator but only after being approved, upon	5183
application by a licensed casino operator, by the commission.	5184

(C) Minimum and maximum wagers on casino gaming shall be	5185
determined by casino operators, subject to the commission's	5186
approval.	5187

(D) No slot machine shall be set to pay out less than the	5188
theoretical payout percentage, which shall be not less than	5189
eighty-five per cent, as specifically approved by the commission.	5190
The commission shall adopt rules that define the theoretical	5191
payout percentage of a slot machine based on the total value of	5192
the jackpots expected to be paid by a slot machine divided by the	5193
total value of slot machine wagers expected to be made on that	5194
slot machine during the same portion of the game cycle.	5195

Sec. 3772.21. (A) Casino gaming equipment and supplies	5196
customarily used in conducting casino gaming shall be purchased or	5197
leased only from gaming-related vendors licensed under this	5198
chapter. A management company owning casino gaming devices,	5199
supplies, and equipment shall be licensed as a gaming-related	5200
vendor under this chapter.	5201

(B) Annually, a gaming-related vendor shall furnish to the	5202
commission a list of all equipment, devices, and supplies offered	5203
for sale or lease in connection with casino gaming authorized	5204
under this chapter.	5205

(C) A gaming-related vendor shall keep books and records for	5206
the furnishing of equipment, devices, and supplies to gaming	5207
operations separate from books and records of any other business	5208
operated by the gaming-related vendor. A gaming-related vendor	5209
shall file a quarterly return with the commission listing all	5210
sales and leases. A gaming-related vendor shall permanently affix	5211
the gaming-related vendor's name to all of the gaming-related	5212
vendor's equipment, devices, and supplies for casino gaming	5213
operations.	5214

(D) A gaming-related vendor's equipment, devices, or supplies	5215
that are used by a person in an unauthorized casino gaming	5216
operation shall be forfeited to the commission.	5217

(E) Gaming equipment, devices, and supplies that are provided	5218
by a gaming-related vendor may be repaired by the casino facility	5219
or removed for repair from the casino facility to a facility owned	5220
by a casino operator or management company.	5221

(F) Any gambling equipment, devices, and supplies provided by	5222
any licensed gaming-related vendor may be either repaired in the	5223
casino or removed from the casino to an area or facility owned by	5224
a casino operator or management company.	5225

Sec. 3772.22. (A) All casino facility operations shall use a	5226
cashless wagering system whereby all wagerers' money is converted	5227
to chips, tokens, tickets, electronic cards, or similar objects at	5228
the request of the wagerer that may only be used for wagering at a	5229
casino facility. Wagering shall not be conducted with money or	5230
other negotiable currency.	5231

(B) Wagers may be received only from a person present at a	5232
casino facility. A wagerer present at a casino facility shall not	5233
place or attempt to place a wager on behalf of an individual who	5234
is not present at the casino facility.	5235

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	5236
are used to make wagers shall be purchased from the casino	5237
operator or management company while at a casino facility that has	5238
been approved by the commission. Chips, tokens, tickets,	5239
electronic cards, or similar objects may be used while at the	5240
casino facility only for the purpose of making wagers on casino	5241
games.	5242

(B) Casino operators and management companies shall not do	5243
any of the following:	5244

(1) Obtain a license to operate a check-cashing business	5245
under sections 1315.01 to 1315.30 of the Revised Code;	5246

(2) Obtain a license to provide loans under sections 1321.01	5247
to 1321.19 of the Revised Code;	5248

(3) Obtain a license to provide loans under sections 1321.35	5249
to 1321.48 of the Revised Code.	5250

(C) Casino operators and management companies may do both of	5251
the following:	5252

(1) Cash checks for casino patrons;

5253

(2) Provide promotional credits to their patrons. Promotional	5254
credits played by slot machine and table game patrons have no	5255
value attributed to their use for purposes of calculating gross	5256
casino revenue. Promotional credits shall be subject to oversight	5257
and approval by the commission.	5258

Sec. 3772.24. (A) An employee of a casino facility who is	5259
between eighteen and twenty-one years of age may be present in the	5260
area of a casino facility where casino gaming is being conducted,	5261
as long as the employee's duties are related solely to nongaming	5262
activities. An individual who is less than twenty-one years of age	5263
may enter a designated area of a casino facility where casino	5264
gaming is being conducted, as established by the commission, to	5265
pass to another area where casino gaming is not being conducted.	5266
An individual who is less than twenty-one years of age shall not	5267
make a wager under this chapter.	5268

(B) Casino operators shall notify the commission of the days	5269
and hours during which casino gaming will be conducted.	5270

Sec. 3772.25. The following are not subject to, or limited	5271
by, the requirements of this chapter or Section 6(C) of Article	5272
XV, Ohio Constitution:	5273

(A) Charitable gaming authorized by Chapter 2915. of the	5274
Revised Code;	5275

(B) Charitable bingo authorized by Section 6 of Article XV,	5276
Ohio Constitution, and as authorized by Chapter 2915. of the	5277
Revised Code;	5278

(C) Lottery games as authorized by Section 6 of Article XV,	5279
Ohio Constitution; and	5280

(D) Pari-mutuel wagering authorized by Chapter 3769. of the	5281
Revised Code.	5282

Sec. 3772.26. (A) Each of the four casino facilities shall be	5283
subject to all applicable state laws and local ordinances related	5284
to health and building codes, or any related requirements and	5285
provisions. Notwithstanding the foregoing, no local zoning, land	5286
use laws, subdivision regulations or similar provisions shall	5287
prohibit the development or operation of the four casino	5288
facilities, or casino gaming set forth herein, provided that no	5289
casino facility shall be located in a district zoned exclusively	5290
residential as of January 1, 2009.	5291

(B) No municipal corporation or other political subdivision	5292
in which a casino facility is located shall be required to provide	5293
or improve infrastructure, appropriate property, or otherwise take	5294
any affirmative legislative or administrative action to assist	5295
development or operation of a casino facility, regardless of the	5296
source of funding but if such action is essential to the	5297
development or operation of a casino facility, the municipal	5298
corporation or other political subdivision may charge the casino	5299
operator for any costs incurred for such action.	5300

Sec. 3772.27. Each initial licensed casino operator of each	5301
of the four casino facilities shall make an initial investment of	5302
at least two hundred fifty million dollars for the development of	5303
each casino facility for a total minimum investment of one billion	5304
dollars statewide.	5305

Sec. 3772.28. (A) A casino operator shall not enter into a	5306
debt transaction without the approval of the commission. The	5307
casino operator shall submit, in writing, a request for approval	5308
of a debt transaction that contains at least the following	5309
information:	5310

(1) The names and addresses of all parties to the debt	5311
transaction;	5312

(2) The amount of the funds involved;

5313

(3) The type of debt transaction;

5314

(4) The source of the funds to be obtained;

5315

(5) All sources of collateral;

5316

(6) The purpose of the debt transaction;

5317

(7) The terms of the debt transaction;

5318

(8) Any other information deemed necessary by the commission.

5319

(B) As used in this section, "debt transaction" means a	5320
transaction totaling five hundred thousand dollars or more in	5321
which a casino operator acquires debt, including bank financing,	5322
private debt offerings, and any other transaction that results in	5323
the encumbrance of assets.	5324

Sec. 3772.29. All shipments of gaming supplies, devices, and	5325
equipment, including slot machines, into this state are exempt	5326
from section (2) of "An Act to Prohibit Transportation of Gambling	5327
Devices in Interstate and Foreign Commerce," 64 Stat. 1134, 15	5328
U.S.C. 1171-1177.	5329

Sec. 3772.30. (A) If any person violates this chapter or a	5330
rule adopted thereunder, the attorney general has a cause of	5331
action to restrain the violation. Such an action is a civil	5332
action, governed by the Rules of Civil Procedure. Upon receiving a	5333
request from the commission or the executive director, the	5334
attorney general shall commence and prosecute such an action to	5335
completion. The court shall give priority to such an action over	5336
all other civil actions. Such an action does not preclude an	5337
administrative or criminal proceeding on the same facts.	5338

(B) The attorney general may enter into agreements with any	5339
state or local law enforcement agency to carry out its duties.	5340

(C) A sheriff, chief of police, and prosecuting attorney	5341
shall furnish to the commission, on prescribed forms, all	5342
information obtained during the course of any substantial	5343
investigation or prosecution if it appears a violation of this	5344
chapter has occurred. Any such information is not a public record,	5345
as defined in section 149.43 of the Revised Code, until such	5346
information would otherwise become a public record.	5347

Sec. 3772.31. (A) The commission, by and through the	5348
executive director of the commission, may enter into contracts	5349
necessary to ensure the proper operation and reporting of all	5350
casino gaming authorized under this chapter. The commission may	5351
determine it to be necessary and adopt rules to authorize a	5352
central system. The system shall be operated by or under the	5353
commission's control.	5354

(B) The commission shall certify independent testing	5355
laboratories to scientifically test and technically evaluate all	5356
slot machines, mechanical, electromechanical, or electronic table	5357
games, slot accounting systems, and other electronic gaming	5358
equipment for compliance with this chapter. The certified	5359
independent testing laboratories shall be accredited by a national	5360
accreditation body. The commission shall certify an independent	5361
testing laboratory if it is competent and qualified to	5362
scientifically test and evaluate electronic gaming equipment for	5363
compliance with this chapter and to otherwise perform the	5364
functions assigned to an independent testing laboratory under this	5365
chapter. An independent testing laboratory shall not be owned or	5366
controlled by, or have any interest in, a gaming-related vendor of	5367
electronic gaming equipment. The commission shall prepare a list	5368
of certified independent testing laboratories from which an	5369
independent testing laboratory shall be chosen for all purposes	5370
under this chapter.	5371

Sec. 3772.32. (A) As used in this section, "conservator"	5372
means a person appointed by a court of common pleas as a fiduciary	5373
to temporarily manage and control a casino facility.	5374

(B) The commission shall adopt rules under Chapter 119. of	5375
the Revised Code relating to the administration of a casino	5376
facility by a conservator.	5377

(C) The commission may petition the court of common pleas of	5378
the county in which the casino facility is located for appointment	5379
by the court of a conservator to manage and control the casino	5380
facility if any of the following occurs:	5381

(1) The commission revokes the casino operator's license.

5382

(2) The commission declines to renew the casino operator's	5383
license.	5384

(3) The commission suspends a casino operator's license for	5385
more than one hundred twenty days.	5386

(4) A proposed buyer is denied a casino operator's license,	5387
and the licensed casino operator is unable or unwilling to retain	5388
ownership or control of the casino facility.	5389

(5) A licensed casino operator agrees in writing to	5390
relinquish control of a casino facility to a conservator.	5391

(6) A natural disaster or bankruptcy halts operations at a	5392
casino facility.	5393

This division does not apply if the casino facility for which	5394
a casino license has been issued has not been in operation and	5395
open to the public.	5396

(D)(1) The petition shall contain the names of two or more	5397
persons who the commission believes are suitable and qualified to	5398
manage and control the casino facility and are available for	5399
appointment as a conservator.	5400

(2) Upon receipt of the petition, the court shall appoint as	5401
conservator of the casino facility a person who is named in the	5402
petition. The court shall immediately notify the commission of the	5403
appointment. Upon receipt of notice from the court, the commission	5404
shall immediately notify the casino operator and the conservator.	5405

(3) The court that appoints the conservator shall set	5406
reasonable compensation, out of the revenue of the casino	5407
facility, for the services, costs, and expenses of the conservator	5408
and for any other persons whom the conservator may engage to aid	5409
the conservator in performing the conservator's duties.	5410

(E) A conservator is subject to Chapter 3772. of the Revised	5411
Code and any rules adopted under that chapter as if the	5412
conservator were a licensed casino operator.	5413

(F) A conservator shall be deemed to be a licensed casino	5414
operator and may perform all acts that the conservator is required	5415
or permitted to perform without approval or other action.	5416

(G) The conservator shall take immediately into possession	5417
all property of the casino facility, including its money,	5418
accounts, books, records, and evidences of debts owed to the	5419
casino operator, and shall continue the business of the casino	5420
facility.	5421

(H) A conservator shall file with the commission reports on	5422
the administration of the casino facility in such form and at such	5423
intervals as the commission may prescribe.	5424

(I)(1) If at any time the court finds that a conservator is	5425
not qualified or available to serve as conservator, the court	5426
shall request from the commission the names of two or more persons	5427
who the commission believes are suitable and qualified to manage	5428
and control a casino facility and are available to serve as a	5429
conservator.	5430

(2) The commission may, at any time after the appointment of	5431
a conservator, petition the court for the removal of the	5432
conservator and the appointment of a new conservator or for the	5433
termination of the conservator.	5434

(J) A conservator shall, before assuming the conservator's	5435
duties, execute and file a bond for the faithful performance of	5436
the conservator's duties payable to the commission with such	5437
surety or sureties and in such form as the commission approves and	5438
in such amount as the commission prescribes.	5439

(K) The commission shall require that the former casino	5440
operator purchase liability insurance, in an amount determined by	5441
the commission, to protect a conservator from liability for any	5442
acts or omissions of the conservator occurring during the duration	5443
of the conservatorship that are reasonably related to, and within	5444
the scope of, the conservator's duties.	5445

(L)(1) The former licensed casino operator has one hundred	5446
eighty days after the date on which the conservator is appointed	5447
to sell the casino facility to another person who satisfies the	5448
requirements of this chapter for obtaining a casino operator's	5449
license and is approved by the commission.	5450

(2) If the person is unable to sell the casino facility in	5451
the time required by division (L)(1) of this section, the	5452
conservator may take any action necessary to sell the casino	5453
facility to another person who satisfies the requirements of this	5454
chapter for obtaining a casino operator's license and is approved	5455
by the commission.	5456

(M) The commission shall direct the court of common pleas to	5457
discontinue a conservatorship when any of the following occurs:	5458

(1) The commission determines that the cause for which the	5459
conservatorship was instituted no longer exists.	5460

(2) The former casino operator or the conservator has with	5461
the approval of the commission, consummated the sale, assignment,	5462
conveyance, or other disposition of the casino facility.	5463

(N) Upon the discontinuation of the conservatorship and with	5464
the approval of the commission, the conservator shall take steps	5465
as may be necessary to affect an orderly transfer of the property	5466
of the former casino operator.	5467

Sec. 3772.99. (A) The commission shall levy and collect	5468
penalties for noncriminal violations of this chapter. Moneys	5469
collected from such penalty levies shall be credited to the	5470
general revenue fund.	5471

(B) If a licensed casino operator, management company,	5472
holding company, gaming-related vendor, or key employee violates	5473
this chapter or engages in a fraudulent act, the commission may	5474
suspend or revoke the license and may do either or both of the	5475
following:	5476

(1) Suspend, revoke, or restrict the casino gaming operations	5477
of a casino operator;	5478

(2) Require the removal of a management company, key	5479
employee, or discontinuance of services from a gaming-related	5480
vendor.	5481

(C) The commission shall impose civil penalties against a	5482
person who violates this chapter under the schedule of penalties	5483
adopted by commission rule and approved by the joint committee on	5484
gaming and wagering.	5485

(D) A person who knowingly or intentionally does any of the	5486
following commits a misdemeanor of the first degree on the first	5487
offense and a felony of the fifth degree for a subsequent offense:	5488

(1) Makes a false statement on an application submitted under	5489
this chapter;	5490

(2) Permits a person less than twenty-one years of age to	5491
make a wager;	5492

(3) Aids, induces, or causes a person less than twenty-one	5493
years of age who is not an employee of the casino gaming operation	5494
to enter or attempt to enter a casino;	5495

(4) Enters or attempts to enter a casino facility while under	5496
twenty-one years of age, unless the person enters a designated	5497
area as described in section 3772.24 of the Revised Code;	5498

(5) Wagers or accepts a wager at a location other than a	5499
casino facility;	5500

(6) Is a casino operator or employee and participates in	5501
casino gaming other than as part of operation or employment.	5502

(E) A person who knowingly or intentionally does any of the	5503
following commits a felony of the fifth degree on a first offense	5504
and a felony of the fourth degree for a subsequent offense. If the	5505
person is a licensee under this chapter, the commission shall	5506
revoke the person's license after the first offense.	5507

(1) Offers, promises, or gives anything of value or benefit	5508
to a person who is connected with the casino operator, management	5509
company, holding company, or gaming-related vendor, including	5510
their officers and employees, under an agreement to influence or	5511
with the intent to influence the actions of the person to whom the	5512
offer, promise, or gift was made in order to affect or attempt to	5513
affect the outcome of a casino game or an official action of a	5514
commission member;	5515

(2) Solicits, accepts, or receives a promise of anything of	5516
value or benefit while the person is connected with a casino,	5517
including an officer or employee of a casino operator, management	5518
company, or gaming-related vendor, under an agreement to influence	5519
or with the intent to influence the actions of the person to	5520
affect or attempt to affect the outcome of a casino game or an	5521
official action of a commission member;	5522

(3) Uses or possesses with the intent to use a device to	5523
assist in projecting the outcome of the game, keeping track of the	5524
cards played, analyzing the probability of the occurrence of an	5525
event relating to the casino game, or analyzing the strategy for	5526
playing or betting to be used in the game, except as permitted by	5527
the commission;	5528

(4) Cheats at a casino game;

5529

(5) Manufactures, sells, or distributes any cards, chips,	5530
dice, game, or device that is intended to be used to violate this	5531
chapter;	5532

(6) Alters or misrepresents the outcome of a casino game on	5533
which wagers have been made after the outcome is made sure but	5534
before the outcome is revealed to the players;	5535

(7) Places a wager on the outcome of a casino game after	5536
acquiring knowledge that is not available to all players and	5537
concerns the outcome of the casino game that is the subject of the	5538
wager;	5539

(8) Aids a person in acquiring the knowledge described in	5540
division (E)(7) of this section for the purpose of placing a wager	5541
contingent on the outcome of a casino game;	5542

(9) Claims, collects, takes, or attempts to claim, collect,	5543
or take money or anything of value in or from a casino game with	5544
the intent to defraud or without having made a wager contingent on	5545
winning a casino game;	5546

(10) Claims, collects, or takes an amount of money or thing	5547
of value of greater value than the amount won in a casino game;	5548

(11) Uses or possesses counterfeit chips or tokens in or for	5549
use in a casino game;	5550

(12) Possesses a key or device designed for opening,	5551
entering, or affecting the operation of a casino game, drop box,	5552
or an electronic or a mechanical device connected with the casino	5553
game or removing coins, tokens, chips, or other contents of a	5554
casino game. This division does not apply to a casino operator,	5555
management company, or gaming-related vendor or their agents and	5556
employees in the course of agency or employment.	5557

(13) Possesses materials used to manufacture a slug or device	5558
intended to be used in a manner that violates this chapter;	5559

(14) Operates a casino gaming operation in which wagering is	5560
conducted or is to be conducted in a manner other than the manner	5561
required under this chapter.	5562

(F) The possession of more than one of the devices described	5563
in division (E)(11), (12), or (13) of this section creates a	5564
rebuttable presumption that the possessor intended to use the	5565
devices for cheating.	5566

(G) A person who is convicted of a felony described in this	5567
chapter may be barred for life from entering a casino facility by	5568
the commission.	5569

Sec. 3793.02. (A) The department of alcohol and drug	5570
addiction services shall promote, assist in developing, and	5571
coordinate or conduct programs of education and research for the	5572
prevention of alcohol and drug addiction, the prevention of	5573
gambling addiction, the treatment, including intervention, of	5574
alcoholics and persons who abuse drugs of abuse, including	5575
anabolic steroids, and the treatment, including intervention, of	5576
persons with gambling addictions. Programs established by the	5577
department shall include abstinence-based prevention and treatment	5578
programs.	5579

(B) In addition to the other duties prescribed by this	5580
chapter, the department shall do all of the following:	5581

(1) Promote and coordinate efforts in the provision of	5582
alcohol and drug addiction services and of gambling addiction	5583
services by other state agencies, as defined in section 1.60 of	5584
the Revised Code; courts; hospitals; clinics; physicians in	5585
private practice; public health authorities; boards of alcohol,	5586
drug addiction, and mental health services; alcohol and drug	5587
addiction programs; law enforcement agencies; gambling addiction	5588
programs; and related groups;	5589

(2) Provide for education and training in prevention,	5590
diagnosis, treatment, and control of alcohol and drug addiction	5591
and of gambling addiction for medical students, physicians,	5592
nurses, social workers, professional counselors, psychologists,	5593
and other persons who provide alcohol and drug addiction services	5594
or gambling addiction services;	5595

(3) Provide training and consultation for persons who	5596
supervise alcohol and drug addiction programs and facilities or	5597
gambling addiction programs and facilities;	5598

(4) Develop measures for evaluating the effectiveness of	5599
alcohol and drug addiction services, including services that use	5600
methadone treatment, and of gambling addiction services, and for	5601
increasing the accountability of alcohol and drug addiction	5602
programs and of gambling addiction programs;	5603

(5) Provide to each court of record, and biennially update, a	5604
list of the treatment and education programs within that court's	5605
jurisdiction that the court may require an offender, sentenced	5606
pursuant to section 4511.19 of the Revised Code, to attend;	5607

(6) Make the warning sign described in sections 3313.752,	5608
3345.41, and 3707.50 of the Revised Code available on the	5609
department's internet web site;	5610

(7) Provide a program of gambling addiction services on	5611
behalf of the state lottery commission, pursuant to an agreement	5612
entered into with the director of the commission under division	5613
(K) of section 3770.02 of the Revised Code, and provide a program	5614
of gambling and addiction services on behalf of the Ohio casino	5615
control commission, under an agreement entered into with the	5616
executive director of the commission under section 3772.062 of the	5617
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	5618
Constitution, the department may enter into agreements with county	5619
alcohol, drug addiction, and mental health service districts, and	5620
nonprofit organizations to provide gambling and addiction services	5621
and substance abuse services, and with state institutions of	5622
higher education to perform related research.	5623

(C) The department may accept and administer grants from	5624
public or private sources for carrying out any of the duties	5625
enumerated in this section.	5626

(D) Pursuant to Chapter 119. of the Revised Code, the	5627
department shall adopt a rule defining the term "intervention" as	5628
it is used in this chapter in connection with alcohol and drug	5629
addiction services and in connection with gambling addiction	5630
services. The department may adopt other rules as necessary to	5631
implement the requirements of this chapter.	5632

Sec. 3793.032. The director of alcohol and drug addiction	5633
services shall administer the problem casino gambling and	5634
addictions fund. The director shall use the money in the fund to	5635
support programs that provide gambling addiction services, alcohol	5636
and drug addiction programs that provide alcohol and drug	5637
addiction services, other programs that relate to gambling	5638
addiction and substance abuse, and research that relates to	5639
gambling addiction and substance abuse.	5640

The director shall prepare an annual report describing the	5641
use of the fund for these purposes. The director shall submit the	5642
report to the Ohio casino control commission, the speaker of the	5643
house of representatives, the president of the senate, and the	5644
governor.	5645

Sec. 4301.355. (A) If a petition is filed under section	5646
4301.333 of the Revised Code for the submission of the question or	5647
questions set forth in this section, it shall be held in the	5648
precinct as ordered by the board of elections under that section.	5649
The expense of holding the election shall be charged to the	5650
municipal corporation or township of which the precinct is a part.	5651

(B) At the election, one or more of the following questions,	5652
as designated in a valid petition, shall be submitted to the	5653
electors of the precinct:	5654

(1) "Shall the sale of .......... (insert beer, wine and	5655
mixed beverages, or spirituous liquor) be permitted by ..........	5656
(insert name of applicant, liquor permit holder, or liquor agency	5657
store, including trade or fictitious name under which applicant	5658
for, or holder of, liquor permit or liquor agency store either	5659
intends to do, or does, business at the particular location), an	5660
.......... (insert "applicant for" or "holder of" or "operator	5661
of") a .......... (insert class name of liquor permit or permits	5662
followed by the words "liquor permit(s)" or, if appropriate, the	5663
words "liquor agency store for the State of Ohio"), who is engaged	5664
in the business of .......... (insert general nature of the	5665
business in which applicant or liquor permit holder is engaged or	5666
will be engaged in at the particular location, as described in the	5667
petition) at .......... (insert address of the particular location	5668
within the precinct as set forth in the petition) in this	5669
precinct?"	5670

(2) "Shall the sale of .......... (insert beer, wine and	5671
mixed beverages, or spirituous liquor) be permitted for sale on	5672
Sunday between the hours of .......... (insert "ten a.m. and	5673
midnight" or " eleven a.m. and midnight") by .......... (insert	5674
name of applicant, liquor permit holder, or liquor agency store,	5675
including trade or fictitious name under which applicant for, or	5676
holder of, liquor permit or liquor agency store either intends to	5677
do, or does, business at the particular location), an ......	5678
(insert "applicant for a D-6 liquor permit," "holder of a D-6	5679
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	5680
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	5681
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7	5682
liquor permit," if only the approval of beer sales is sought, or	5683
"liquor agency store") who is engaged in the business of	5684
.......... (insert general nature of the business in which	5685
applicant or liquor permit holder is engaged or will be engaged in	5686
at the particular location, as described in the petition) at	5687
.......... (insert address of the particular location within the	5688
precinct) in this precinct?"	5689

(C) The board of elections shall furnish printed ballots at	5690
the election as provided under section 3505.06 of the Revised	5691
Code, except that a separate ballot shall be used for the election	5692
under this section. The question set forth in this section shall	5693
be printed on each ballot, and the board shall insert in the	5694
question appropriate words to complete it. Votes shall be cast as	5695
provided under section 3505.06 of the Revised Code.	5696

Sec. 4301.62. (A) As used in this section:

5697

(1) "Chauffeured limousine" means a vehicle registered under	5698
section 4503.24 of the Revised Code.	5699

(2) "Street," "highway," and "motor vehicle" have the same	5700
meanings as in section 4511.01 of the Revised Code.	5701

(B) No person shall have in the person's possession an opened	5702
container of beer or intoxicating liquor in any of the following	5703
circumstances:	5704

(1) In a state liquor store;

5705

(2) Except as provided in division (C) of this section, on	5706
the premises of the holder of any permit issued by the division of	5707
liquor control;	5708

(3) In any other public place;

5709

(4) Except as provided in division (D) or (E) of this	5710
section, while operating or being a passenger in or on a motor	5711
vehicle on any street, highway, or other public or private	5712
property open to the public for purposes of vehicular travel or	5713
parking;	5714

(5) Except as provided in division (D) or (E) of this	5715
section, while being in or on a stationary motor vehicle on any	5716
street, highway, or other public or private property open to the	5717
public for purposes of vehicular travel or parking.	5718

(C)(1) A person may have in the person's possession an opened	5719
container of any of the following:	5720

(a) Beer or intoxicating liquor that has been lawfully	5721
purchased for consumption on the premises where bought from the	5722
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	5723
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	5724
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	5725
F-8 permit;	5726

(b) Beer, wine, or mixed beverages served for consumption on	5727
the premises by the holder of an F-3 permit or wine served for	5728
consumption on the premises by the holder of an F-4 or F-6 permit;	5729

(c) Beer or intoxicating liquor consumed on the premises of a	5730
convention facility as provided in section 4303.201 of the Revised	5731
Code;	5732

(d) Beer or intoxicating liquor to be consumed during	5733
tastings and samplings approved by rule of the liquor control	5734
commission.	5735

(2) A person may have in the person's possession on an F	5736
liquor permit premises an opened container of beer or intoxicating	5737
liquor that was not purchased from the holder of the F permit if	5738
the premises for which the F permit is issued is a music festival	5739
and the holder of the F permit grants permission for that	5740
possession on the premises during the period for which the F	5741
permit is issued. As used in this division, "music festival" means	5742
a series of outdoor live musical performances, extending for a	5743
period of at least three consecutive days and located on an area	5744
of land of at least forty acres.	5745

(3)(a) A person may have in the person's possession on a D-2	5746
liquor permit premises an opened or unopened container of wine	5747
that was not purchased from the holder of the D-2 permit if the	5748
premises for which the D-2 permit is issued is an outdoor	5749
performing arts center, the person is attending an orchestral	5750
performance, and the holder of the D-2 permit grants permission	5751
for the possession and consumption of wine in certain	5752
predesignated areas of the premises during the period for which	5753
the D-2 permit is issued.	5754

(b) As used in division (C)(3)(a) of this section:

5755

(i) "Orchestral performance" means a concert comprised of a	5756
group of not fewer than forty musicians playing various musical	5757
instruments.	5758

(ii) "Outdoor performing arts center" means an outdoor	5759
performing arts center that is located on not less than eight	5760
hundred acres of land and that is open for performances from the	5761
first day of April to the last day of October of each year.	5762

(4) A person may have in the person's possession an opened or	5763
unopened container of beer or intoxicating liquor at an outdoor	5764
location at which the person is attending an orchestral	5765
performance as defined in division (C)(3)(b)(i) of this section if	5766
the person with supervision and control over the performance	5767
grants permission for the possession and consumption of beer or	5768
intoxicating liquor in certain predesignated areas of that outdoor	5769
location.	5770

(D) This section does not apply to a person who pays all or a	5771
portion of the fee imposed for the use of a chauffeured limousine	5772
pursuant to a prearranged contract, or the guest of the person,	5773
when all of the following apply:	5774

(1) The person or guest is a passenger in the limousine.

5775

(2) The person or guest is located in the limousine, but is	5776
not occupying a seat in the front compartment of the limousine	5777
where the operator of the limousine is located.	5778

(3) The limousine is located on any street, highway, or other	5779
public or private property open to the public for purposes of	5780
vehicular travel or parking.	5781

(E) An opened bottle of wine that was purchased from the	5782
holder of a permit that authorizes the sale of wine for	5783
consumption on the premises where sold is not an opened container	5784
for the purposes of this section if both of the following apply:	5785

(1) The opened bottle of wine is securely resealed by the	5786
permit holder or an employee of the permit holder before the	5787
bottle is removed from the premises. The bottle shall be secured	5788
in such a manner that it is visibly apparent if the bottle has	5789
been subsequently opened or tampered with.	5790

(2) The opened bottle of wine that is resealed in accordance	5791
with division (E)(1) of this section is stored in the trunk of a	5792
motor vehicle or, if the motor vehicle does not have a trunk,	5793
behind the last upright seat or in an area not normally occupied	5794
by the driver or passengers and not easily accessible by the	5795
driver.	5796

Sec. 4303.181. (A) Permit D-5a may be issued either to the	5797
owner or operator of a hotel or motel that is required to be	5798
licensed under section 3731.03 of the Revised Code, that contains	5799
at least fifty rooms for registered transient guests or is owned	5800
by a state institution of higher education as defined in section	5801
3345.011 of the Revised Code or a private college or university,	5802
and that qualifies under the other requirements of this section,	5803
or to the owner or operator of a restaurant specified under this	5804
section, to sell beer and any intoxicating liquor at retail, only	5805
by the individual drink in glass and from the container, for	5806
consumption on the premises where sold, and to registered guests	5807
in their rooms, which may be sold by means of a controlled access	5808
alcohol and beverage cabinet in accordance with division (B) of	5809
section 4301.21 of the Revised Code; and to sell the same products	5810
in the same manner and amounts not for consumption on the premises	5811
as may be sold by holders of D-1 and D-2 permits. The premises of	5812
the hotel or motel shall include a retail food establishment or a	5813
food service operation licensed pursuant to Chapter 3717. of the	5814
Revised Code that operates as a restaurant for purposes of this	5815
chapter and that is affiliated with the hotel or motel and within	5816
or contiguous to the hotel or motel, and that serves food within	5817
the hotel or motel, but the principal business of the owner or	5818
operator of the hotel or motel shall be the accommodation of	5819
transient guests. In addition to the privileges authorized in this	5820
division, the holder of a D-5a permit may exercise the same	5821
privileges as the holder of a D-5 permit.	5822

The owner or operator of a hotel, motel, or restaurant who	5823
qualified for and held a D-5a permit on August 4, 1976, may, if	5824
the owner or operator held another permit before holding a D-5a	5825
permit, either retain a D-5a permit or apply for the permit	5826
formerly held, and the division of liquor control shall issue the	5827
permit for which the owner or operator applies and formerly held,	5828
notwithstanding any quota.	5829

A D-5a permit shall not be transferred to another location.	5830
No quota restriction shall be placed on the number of D-5a permits	5831
that may be issued.	5832

The fee for this permit is two thousand three hundred	5833
forty-four dollars.	5834

(B) Permit D-5b may be issued to the owner, operator, tenant,	5835
lessee, or occupant of an enclosed shopping center to sell beer	5836
and intoxicating liquor at retail, only by the individual drink in	5837
glass and from the container, for consumption on the premises	5838
where sold; and to sell the same products in the same manner and	5839
amount not for consumption on the premises as may be sold by	5840
holders of D-1 and D-2 permits. In addition to the privileges	5841
authorized in this division, the holder of a D-5b permit may	5842
exercise the same privileges as a holder of a D-5 permit.	5843

A D-5b permit shall not be transferred to another location.

5844

One D-5b permit may be issued at an enclosed shopping center	5845
containing at least two hundred twenty-five thousand, but less	5846
than four hundred thousand, square feet of floor area.	5847

Two D-5b permits may be issued at an enclosed shopping center	5848
containing at least four hundred thousand square feet of floor	5849
area. No more than one D-5b permit may be issued at an enclosed	5850
shopping center for each additional two hundred thousand square	5851
feet of floor area or fraction of that floor area, up to a maximum	5852
of five D-5b permits for each enclosed shopping center. The number	5853
of D-5b permits that may be issued at an enclosed shopping center	5854
shall be determined by subtracting the number of D-3 and D-5	5855
permits issued in the enclosed shopping center from the number of	5856
D-5b permits that otherwise may be issued at the enclosed shopping	5857
center under the formulas provided in this division. Except as	5858
provided in this section, no quota shall be placed on the number	5859
of D-5b permits that may be issued. Notwithstanding any quota	5860
provided in this section, the holder of any D-5b permit first	5861
issued in accordance with this section is entitled to its renewal	5862
in accordance with section 4303.271 of the Revised Code.	5863

The holder of a D-5b permit issued before April 4, 1984,	5864
whose tenancy is terminated for a cause other than nonpayment of	5865
rent, may return the D-5b permit to the division of liquor	5866
control, and the division shall cancel that permit. Upon	5867
cancellation of that permit and upon the permit holder's payment	5868
of taxes, contributions, premiums, assessments, and other debts	5869
owing or accrued upon the date of cancellation to this state and	5870
its political subdivisions and a filing with the division of a	5871
certification of that payment, the division shall issue to that	5872
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	5873
that person requests. The division shall issue the D-5 permit, or	5874
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	5875
D-3, or D-5 permits currently issued in the municipal corporation	5876
or in the unincorporated area of the township where that person's	5877
proposed premises is located equals or exceeds the maximum number	5878
of such permits that can be issued in that municipal corporation	5879
or in the unincorporated area of that township under the	5880
population quota restrictions contained in section 4303.29 of the	5881
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	5882
be transferred to another location. If a D-5b permit is canceled	5883
under the provisions of this paragraph, the number of D-5b permits	5884
that may be issued at the enclosed shopping center for which the	5885
D-5b permit was issued, under the formula provided in this	5886
division, shall be reduced by one if the enclosed shopping center	5887
was entitled to more than one D-5b permit under the formula.	5888

The fee for this permit is two thousand three hundred	5889
forty-four dollars.	5890

(C) Permit D-5c may be issued to the owner or operator of a	5891
retail food establishment or a food service operation licensed	5892
pursuant to Chapter 3717. of the Revised Code that operates as a	5893
restaurant for purposes of this chapter and that qualifies under	5894
the other requirements of this section to sell beer and any	5895
intoxicating liquor at retail, only by the individual drink in	5896
glass and from the container, for consumption on the premises	5897
where sold, and to sell the same products in the same manner and	5898
amounts not for consumption on the premises as may be sold by	5899
holders of D-1 and D-2 permits. In addition to the privileges	5900
authorized in this division, the holder of a D-5c permit may	5901
exercise the same privileges as the holder of a D-5 permit.	5902

To qualify for a D-5c permit, the owner or operator of a	5903
retail food establishment or a food service operation licensed	5904
pursuant to Chapter 3717. of the Revised Code that operates as a	5905
restaurant for purposes of this chapter, shall have operated the	5906
restaurant at the proposed premises for not less than twenty-four	5907
consecutive months immediately preceding the filing of the	5908
application for the permit, have applied for a D-5 permit no later	5909
than December 31, 1988, and appear on the division's quota waiting	5910
list for not less than six months immediately preceding the filing	5911
of the application for the permit. In addition to these	5912
requirements, the proposed D-5c permit premises shall be located	5913
within a municipal corporation and further within an election	5914
precinct that, at the time of the application, has no more than	5915
twenty-five per cent of its total land area zoned for residential	5916
use.	5917

A D-5c permit shall not be transferred to another location.	5918
No quota restriction shall be placed on the number of such permits	5919
that may be issued.	5920

Any person who has held a D-5c permit for at least two years	5921
may apply for a D-5 permit, and the division of liquor control	5922
shall issue the D-5 permit notwithstanding the quota restrictions	5923
contained in section 4303.29 of the Revised Code or in any rule of	5924
the liquor control commission.	5925

The fee for this permit is one thousand five hundred	5926
sixty-three dollars.	5927

(D) Permit D-5d may be issued to the owner or operator of a	5928
retail food establishment or a food service operation licensed	5929
pursuant to Chapter 3717. of the Revised Code that operates as a	5930
restaurant for purposes of this chapter and that is located at an	5931
airport operated by a board of county commissioners pursuant to	5932
section 307.20 of the Revised Code, at an airport operated by a	5933
port authority pursuant to Chapter 4582. of the Revised Code, or	5934
at an airport operated by a regional airport authority pursuant to	5935
Chapter 308. of the Revised Code. The holder of a D-5d permit may	5936
sell beer and any intoxicating liquor at retail, only by the	5937
individual drink in glass and from the container, for consumption	5938
on the premises where sold, and may sell the same products in the	5939
same manner and amounts not for consumption on the premises where	5940
sold as may be sold by the holders of D-1 and D-2 permits. In	5941
addition to the privileges authorized in this division, the holder	5942
of a D-5d permit may exercise the same privileges as the holder of	5943
a D-5 permit.	5944

A D-5d permit shall not be transferred to another location.	5945
No quota restrictions shall be placed on the number of such	5946
permits that may be issued.	5947

The fee for this permit is two thousand three hundred	5948
forty-four dollars.	5949

(E) Permit D-5e may be issued to any nonprofit organization	5950
that is exempt from federal income taxation under the "Internal	5951
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	5952
amended, or that is a charitable organization under any chapter of	5953
the Revised Code, and that owns or operates a riverboat that meets	5954
all of the following:	5955

(1) Is permanently docked at one location;

5956

(2) Is designated as an historical riverboat by the Ohio	5957
historical society;	5958

(3) Contains not less than fifteen hundred square feet of	5959
floor area;	5960

(4) Has a seating capacity of fifty or more persons.

5961

The holder of a D-5e permit may sell beer and intoxicating	5962
liquor at retail, only by the individual drink in glass and from	5963
the container, for consumption on the premises where sold.	5964

A D-5e permit shall not be transferred to another location.	5965
No quota restriction shall be placed on the number of such permits	5966
that may be issued. The population quota restrictions contained in	5967
section 4303.29 of the Revised Code or in any rule of the liquor	5968
control commission shall not apply to this division, and the	5969
division shall issue a D-5e permit to any applicant who meets the	5970
requirements of this division. However, the division shall not	5971
issue a D-5e permit if the permit premises or proposed permit	5972
premises are located within an area in which the sale of	5973
spirituous liquor by the glass is prohibited.	5974

The fee for this permit is one thousand two hundred nineteen	5975
dollars.	5976

(F) Permit D-5f may be issued to the owner or operator of a	5977
retail food establishment or a food service operation licensed	5978
under Chapter 3717. of the Revised Code that operates as a	5979
restaurant for purposes of this chapter and that meets all of the	5980
following:	5981

(1) It contains not less than twenty-five hundred square feet	5982
of floor area.	5983

(2) It is located on or in, or immediately adjacent to, the	5984
shoreline of, a navigable river.	5985

(3) It provides docking space for twenty-five boats.

5986

(4) It provides entertainment and recreation, provided that	5987
not less than fifty per cent of the business on the permit	5988
premises shall be preparing and serving meals for a consideration.	5989

In addition, each application for a D-5f permit shall be	5990
accompanied by a certification from the local legislative	5991
authority that the issuance of the D-5f permit is not inconsistent	5992
with that political subdivision's comprehensive development plan	5993
or other economic development goal as officially established by	5994
the local legislative authority.	5995

The holder of a D-5f permit may sell beer and intoxicating	5996
liquor at retail, only by the individual drink in glass and from	5997
the container, for consumption on the premises where sold.	5998

A D-5f permit shall not be transferred to another location.

5999

The division of liquor control shall not issue a D-5f permit	6000
if the permit premises or proposed permit premises are located	6001
within an area in which the sale of spirituous liquor by the glass	6002
is prohibited.	6003

A fee for this permit is two thousand three hundred	6004
forty-four dollars.	6005

As used in this division, "navigable river" means a river	6006
that is also a "navigable water" as defined in the "Federal Power	6007
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	6008

(G) Permit D-5g may be issued to a nonprofit corporation that	6009
is either the owner or the operator of a national professional	6010
sports museum. The holder of a D-5g permit may sell beer and any	6011
intoxicating liquor at retail, only by the individual drink in	6012
glass and from the container, for consumption on the premises	6013
where sold. The holder of a D-5g permit shall sell no beer or	6014
intoxicating liquor for consumption on the premises where sold	6015
after one a.m. A D-5g permit shall not be transferred to another	6016
location. No quota restrictions shall be placed on the number of	6017
D-5g permits that may be issued. The fee for this permit is one	6018
thousand eight hundred seventy-five dollars.	6019

(H)(1) Permit D-5h may be issued to any nonprofit	6020
organization that is exempt from federal income taxation under the	6021
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	6022
501(c)(3), as amended, that owns or operates any of the following:	6023

(a) A fine arts museum, provided that the nonprofit	6024
organization has no less than one thousand five hundred bona fide	6025
members possessing full membership privileges;	6026

(b) A community arts center. As used in division (H)(1)(b) of	6027
this section, "community arts center" means a facility that	6028
provides arts programming to the community in more than one arts	6029
discipline, including, but not limited to, exhibits of works of	6030
art and performances by both professional and amateur artists.	6031

(c) A community theater, provided that the nonprofit	6032
organization is a member of the Ohio arts council and the American	6033
community theatre association and has been in existence for not	6034
less than ten years. As used in division (H)(1)(c) of this	6035
section, "community theater" means a facility that contains at	6036
least one hundred fifty seats and has a primary function of	6037
presenting live theatrical performances and providing recreational	6038
opportunities to the community.	6039

(2) The holder of a D-5h permit may sell beer and any	6040
intoxicating liquor at retail, only by the individual drink in	6041
glass and from the container, for consumption on the premises	6042
where sold. The holder of a D-5h permit shall sell no beer or	6043
intoxicating liquor for consumption on the premises where sold	6044
after one a.m. A D-5h permit shall not be transferred to another	6045
location. No quota restrictions shall be placed on the number of	6046
D-5h permits that may be issued.	6047

(3) The fee for a D-5h permit is one thousand eight hundred	6048
seventy-five dollars.	6049

(I) Permit D-5i may be issued to the owner or operator of a	6050
retail food establishment or a food service operation licensed	6051
under Chapter 3717. of the Revised Code that operates as a	6052
restaurant for purposes of this chapter and that meets all of the	6053
following requirements:	6054

(1) It is located in a municipal corporation or a township	6055
with a population of one hundred thousand or less.	6056

(2) It has inside seating capacity for at least one hundred	6057
forty persons.	6058

(3) It has at least four thousand square feet of floor area.

6059

(4) It offers full-course meals, appetizers, and sandwiches.

6060

(5) Its receipts from beer and liquor sales, excluding wine	6061
sales, do not exceed twenty-five per cent of its total gross	6062
receipts.	6063

(6) It has at least one of the following characteristics:

6064

(a) The value of its real and personal property exceeds seven	6065
hundred twenty-five thousand dollars.	6066

(b) It is located on property that is owned or leased by the	6067
state or a state agency, and its owner or operator has	6068
authorization from the state or the state agency that owns or	6069
leases the property to obtain a D-5i permit.	6070

The holder of a D-5i permit may sell beer and any	6071
intoxicating liquor at retail, only by the individual drink in	6072
glass and from the container, for consumption on the premises	6073
where sold, and may sell the same products in the same manner and	6074
amounts not for consumption on the premises where sold as may be	6075
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	6076
permit shall sell no beer or intoxicating liquor for consumption	6077
on the premises where sold after two-thirty a.m. In addition to	6078
the privileges authorized in this division, the holder of a D-5i	6079
permit may exercise the same privileges as the holder of a D-5	6080
permit.	6081

A D-5i permit shall not be transferred to another location.	6082
The division of liquor control shall not renew a D-5i permit	6083
unless the retail food establishment or food service operation for	6084
which it is issued continues to meet the requirements described in	6085
divisions (I)(1) to (6) of this section. No quota restrictions	6086
shall be placed on the number of D-5i permits that may be issued.	6087
The fee for the D-5i permit is two thousand three hundred	6088
forty-four dollars.	6089

(J)(1) Permit D-5j may be issued to the owner or the operator	6090
of a retail food establishment or a food service operation	6091
licensed under Chapter 3717. of the Revised Code to sell beer and	6092
intoxicating liquor at retail, only by the individual drink in	6093
glass and from the container, for consumption on the premises	6094
where sold and to sell beer and intoxicating liquor in the same	6095
manner and amounts not for consumption on the premises where sold	6096
as may be sold by the holders of D-1 and D-2 permits. The holder	6097
of a D-5j permit may exercise the same privileges, and shall	6098
observe the same hours of operation, as the holder of a D-5	6099
permit.	6100

(2) The D-5j permit shall be issued only within a community	6101
entertainment district that is designated under section 4301.80 of	6102
the Revised Code and that meets one of the following	6103
qualifications:	6104

(a) It is located in a municipal corporation with a	6105
population of at least one hundred thousand.	6106

(b) It is located in a municipal corporation with a	6107
population of at least twenty thousand, and either of the	6108
following applies:	6109

(i) It contains an amusement park the rides of which have	6110
been issued a permit by the department of agriculture under	6111
Chapter 1711. of the Revised Code.	6112

(ii) Not less than fifty million dollars will be invested in	6113
development and construction in the community entertainment	6114
district's area located in the municipal corporation.	6115

(c) It is located in a township with a population of at least	6116
forty thousand.	6117

(d) It is located in a municipal corporation with a	6118
population of at least ten thousand, and not less than seventy	6119
million dollars will be invested in development and construction	6120
in the community entertainment district's area located in the	6121
municipal corporation.	6122

(e) It is located in a municipal corporation with a	6123
population of at least five thousand, and not less than one	6124
hundred million dollars will be invested in development and	6125
construction in the community entertainment district's area	6126
located in the municipal corporation.	6127

(3) The location of a D-5j permit may be transferred only	6128
within the geographic boundaries of the community entertainment	6129
district in which it was issued and shall not be transferred	6130
outside the geographic boundaries of that district.	6131

(4) Not more than one D-5j permit shall be issued within each	6132
community entertainment district for each five acres of land	6133
located within the district. Not more than fifteen D-5j permits	6134
may be issued within a single community entertainment district.	6135
Except as otherwise provided in division (J)(4) of this section,	6136
no quota restrictions shall be placed upon the number of D-5j	6137
permits that may be issued.	6138

(5) The fee for a D-5j permit is two thousand three hundred	6139
forty-four dollars.	6140

(K)(1) Permit D-5k may be issued to any nonprofit	6141
organization that is exempt from federal income taxation under the	6142
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	6143
501(c)(3), as amended, that is the owner or operator of a	6144
botanical garden recognized by the American association of	6145
botanical gardens and arboreta, and that has not less than	6146
twenty-five hundred bona fide members.	6147

(2) The holder of a D-5k permit may sell beer and any	6148
intoxicating liquor at retail, only by the individual drink in	6149
glass and from the container, on the premises where sold.	6150

(3) The holder of a D-5k permit shall sell no beer or	6151
intoxicating liquor for consumption on the premises where sold	6152
after one a.m.	6153

(4) A D-5k permit shall not be transferred to another	6154
location.	6155

(5) No quota restrictions shall be placed on the number of	6156
D-5k permits that may be issued.	6157

(6) The fee for the D-5k permit is one thousand eight hundred	6158
seventy-five dollars.	6159

(L)(1) Permit D-5l may be issued to the owner or the operator	6160
of a retail food establishment or a food service operation	6161
licensed under Chapter 3717. of the Revised Code to sell beer and	6162
intoxicating liquor at retail, only by the individual drink in	6163
glass and from the container, for consumption on the premises	6164
where sold and to sell beer and intoxicating liquor in the same	6165
manner and amounts not for consumption on the premises where sold	6166
as may be sold by the holders of D-1 and D-2 permits. The holder	6167
of a D-5l permit may exercise the same privileges, and shall	6168
observe the same hours of operation, as the holder of a D-5	6169
permit.	6170

(2) The D-5l permit shall be issued only to a premises that	6171
has gross annual receipts from the sale of food and meals that	6172
constitute not less than seventy-five per cent of its total gross	6173
annual receipts, that is located within a revitalization district	6174
that is designated under section 4301.81 of the Revised Code, that	6175
is located in a municipal corporation or township in which the	6176
number of D-5 permits issued equals or exceeds the number of those	6177
permits that may be issued in that municipal corporation or	6178
township under section 4303.29 of the Revised Code, and that is	6179
located in a county with a population of one hundred twenty-five	6180
thousand or less according to the population estimates certified	6181
by the department of development for calendar year 2006.	6182

(3) The location of a D-5l permit may be transferred only	6183
within the geographic boundaries of the revitalization district in	6184
which it was issued and shall not be transferred outside the	6185
geographic boundaries of that district.	6186

(4) Not more than one D-5l permit shall be issued within each	6187
revitalization district for each five acres of land located within	6188
the district. Not more than five D-5l permits may be issued within	6189
a single revitalization district. Except as otherwise provided in	6190
division (L)(4) of this section, no quota restrictions shall be	6191
placed upon the number of D-5l permits that may be issued.	6192

(5) The fee for a D-5l permit is two thousand three hundred	6193
forty-four dollars.	6194

(M) Permit D-5m may be issued to either the owner or the	6195
operator of a retail food establishment or food service operation	6196
licensed under Chapter 3717. of the Revised Code that operates as	6197
a restaurant for purposes of this chapter and that is located in,	6198
or affiliated with, a center for the preservation of wild animals	6199
as defined in section 4301.404 of the Revised Code, to sell beer	6200
and any intoxicating liquor at retail, only by the glass and from	6201
the container, for consumption on the premises where sold, and to	6202
sell the same products in the same manner and amounts not for	6203
consumption on the premises as may be sold by the holders of D-1	6204
and D-2 permits. In addition to the privileges authorized by this	6205
division, the holder of a D-5m permit may exercise the same	6206
privileges as the holder of a D-5 permit.	6207

A D-5m permit shall not be transferred to another location.	6208
No quota restrictions shall be placed on the number of D-5m	6209
permits that may be issued. The fee for a permit D-5m is two	6210
thousand three hundred forty-four dollars.	6211

(N) Permit D-5n shall be issued to either a casino operator	6212
or a casino management company licensed under Chapter 3772. of the	6213
Revised Code that operates a casino facility under that chapter,	6214
to sell beer, intoxicating liquor, wine, and mixed beverages at	6215
retail, only by the glass and from the container, for consumption	6216
on the premises where sold, and to sell the same products in the	6217
same manner and amounts not for consumption on the premises as may	6218
be sold by the holders of D-1 and D-2 permits. In addition to the	6219
privileges authorized by this division, the holder of a D-5n	6220
permit may exercise the same privileges as the holder of a D-5	6221
permit. A D-5n permit shall not be transferred to another	6222
location. Only one D-5n permit may be issued per casino facility	6223
and not more than four D-5n permits shall be issued in this state.	6224
The fee for a permit D-5n shall be five thousand dollars. The	6225
holder of a D-5n permit may conduct casino gaming on the permit	6226
premises notwithstanding any provision of the Revised Code or	6227
Administrative Code.	6228

(O) Permit D-5o may be issued to the owner or operator of a	6229
retail food establishment or a food service operation licensed	6230
under Chapter 3717. of the Revised Code that operates as a	6231
restaurant for purposes of this chapter and that is located within	6232
a casino facility for which a D-5n permit has been issued. The	6233
holder of a D-5o permit may sell beer and any intoxicating liquor	6234
at retail, only by the glass and from the container, for	6235
consumption on the premises where sold, and may sell the same	6236
products in the same manner and amounts not for consumption on the	6237
premises where sold as may be sold by the holders of D-1 and D-2	6238
permits. In addition to the privileges authorized by this	6239
division, the holder of a D-5o permit may exercise the same	6240
privileges as the holder of a D-5 permit. A D-5o permit shall not	6241
be transferred to another location. No quota restrictions shall be	6242
placed on the number of such permits that may be issued. The fee	6243
for this permit is five thousand dollars.	6244

Sec. 4303.182. (A) Except as otherwise provided in divisions	6245
(B) to (J) of this section, permit D-6 shall be issued to the	6246
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	6247
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	6248
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under	6249
that permit as follows:	6250

(1) Between the hours of ten a.m. and midnight on Sunday if	6251
sale during those hours has been approved under question (C)(1),	6252
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6253
under question (B)(2) of section 4301.355 of the Revised Code, or	6254
under section 4301.356 of the Revised Code and has been authorized	6255
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6256
Revised Code, under the restrictions of that authorization;	6257

(2) Between the hours of eleven a.m. and midnight on Sunday,	6258
if sale during those hours has been approved on or after the	6259
effective date of this amendment under question (B)(1), (2), or	6260
(3) of section 4301.351 or 4301.354 of the Revised Code, under	6261
question (B)(2) of section 4301.355 of the Revised Code, or under	6262
section 4301.356 of the Revised Code and has been authorized under	6263
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	6264
Code, under the restrictions of that authorization;	6265

(3) Between the hours of eleven a.m. and midnight on Sunday	6266
if sale between the hours of one p.m. and midnight was approved	6267
before the effective date of this amendment under question (B)(1),	6268
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6269
under question (B)(2) of section 4301.355 of the Revised Code, or	6270
under section 4301.356 of the Revised Code and has been authorized	6271
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6272
Revised Code, under the other restrictions of that authorization.	6273

(B) Permit D-6 shall be issued to the holder of any permit,	6274
including a D-4a and D-5d permit, authorizing the sale of	6275
intoxicating liquor issued for a premises located at any publicly	6276
owned airport, as defined in section 4563.01 of the Revised Code,	6277
at which commercial airline companies operate regularly scheduled	6278
flights on which space is available to the public, to allow sale	6279
under such permit between the hours of ten a.m. and midnight on	6280
Sunday, whether or not that sale has been authorized under section	6281
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6282

(C) Permit D-6 shall be issued to the holder of a D-5a	6283
permit, and to the holder of a D-3 or D-3a permit who is the owner	6284
or operator of a hotel or motel that is required to be licensed	6285
under section 3731.03 of the Revised Code, that contains at least	6286
fifty rooms for registered transient guests, and that has on its	6287
premises a retail food establishment or a food service operation	6288
licensed pursuant to Chapter 3717. of the Revised Code that	6289
operates as a restaurant for purposes of this chapter and is	6290
affiliated with the hotel or motel and within or contiguous to the	6291
hotel or motel and serving food within the hotel or motel, to	6292
allow sale under such permit between the hours of ten a.m. and	6293
midnight on Sunday, whether or not that sale has been authorized	6294
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6295
Revised Code.	6296

(D) The holder of a D-6 permit that is issued to a sports	6297
facility may make sales under the permit between the hours of	6298
eleven a.m. and midnight on any Sunday on which a professional	6299
baseball, basketball, football, hockey, or soccer game is being	6300
played at the sports facility. As used in this division, "sports	6301
facility" means a stadium or arena that has a seating capacity of	6302
at least four thousand and that is owned or leased by a	6303
professional baseball, basketball, football, hockey, or soccer	6304
franchise or any combination of those franchises.	6305

(E) Permit D-6 shall be issued to the holder of any permit	6306
that authorizes the sale of beer or intoxicating liquor and that	6307
is issued to a premises located in or at the Ohio historical	6308
society area or the state fairgrounds, as defined in division (B)	6309
of section 4301.40 of the Revised Code, to allow sale under that	6310
permit between the hours of ten a.m. and midnight on Sunday,	6311
whether or not that sale has been authorized under section	6312
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6313

(F) Permit D-6 shall be issued to the holder of any permit	6314
that authorizes the sale of intoxicating liquor and that is issued	6315
to an outdoor performing arts center to allow sale under that	6316
permit between the hours of one p.m. and midnight on Sunday,	6317
whether or not that sale has been authorized under section	6318
4301.361 of the Revised Code. A D-6 permit issued under this	6319
division is subject to the results of an election, held after the	6320
D-6 permit is issued, on question (B)(4) as set forth in section	6321
4301.351 of the Revised Code. Following the end of the period	6322
during which an election may be held on question (B)(4) as set	6323
forth in that section, sales of intoxicating liquor may continue	6324
at an outdoor performing arts center under a D-6 permit issued	6325
under this division, unless an election on that question is held	6326
during the permitted period and a majority of the voters voting in	6327
the precinct on that question vote "no."	6328

As used in this division, "outdoor performing arts center"	6329
means an outdoor performing arts center that is located on not	6330
less than eight hundred acres of land and that is open for	6331
performances from the first day of April to the last day of	6332
October of each year.	6333

(G) Permit D-6 shall be issued to the holder of any permit	6334
that authorizes the sale of beer or intoxicating liquor and that	6335
is issued to a golf course owned by the state, a conservancy	6336
district, a park district created under Chapter 1545. of the	6337
Revised Code, or another political subdivision to allow sale under	6338
that permit between the hours of ten a.m. and midnight on Sunday,	6339
whether or not that sale has been authorized under section	6340
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6341

(H) Permit D-6 shall be issued to the holder of a D-5g permit	6342
to allow sale under that permit between the hours of ten a.m. and	6343
midnight on Sunday, whether or not that sale has been authorized	6344
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6345
Revised Code.	6346

(I) Permit D-6 shall be issued to the holder of any D permit	6347
for a premises that is licensed under Chapter 3717. of the Revised	6348
Code and that is located at a ski area to allow sale under the D-6	6349
permit between the hours of ten a.m. and midnight on Sunday,	6350
whether or not that sale has been authorized under section	6351
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6352

As used in this division, "ski area" means a ski area as	6353
defined in section 4169.01 of the Revised Code, provided that the	6354
passenger tramway operator at that area is registered under	6355
section 4169.03 of the Revised Code.	6356

(J) Permit D-6 shall be issued to the holder of any permit	6357
that is described in division (A) of this section for a permit	6358
premises that is located in a community entertainment district, as	6359
defined in section 4301.80 of the Revised Code, that was approved	6360
by the legislative authority of a municipal corporation under that	6361
section between October 1 and October 15, 2005, to allow sale	6362
under the permit between the hours of ten a.m. and midnight on	6363
Sunday, whether or not that sale has been authorized under section	6364
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6365

(K) If the restriction to licensed premises where the sale of	6366
food and other goods and services exceeds fifty per cent of the	6367
total gross receipts of the permit holder at the premises is	6368
applicable, the division of liquor control may accept an affidavit	6369
from the permit holder to show the proportion of the permit	6370
holder's gross receipts derived from the sale of food and other	6371
goods and services. If the liquor control commission determines	6372
that affidavit to have been false, it shall revoke the permits of	6373
the permit holder at the premises concerned.	6374

(L) The fee for the D-6 permit is five hundred dollars when	6375
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	6376
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	6377
D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee	6378
for the D-6 permit is four hundred dollars when it is issued to	6379
the holder of a C-2 permit.	6380

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	6381
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	6382
D-5l, D-5m, D-5n, D-5o, or D-6 permit shall be exercised at not	6383
more than two fixed counters, commonly known as bars, in rooms or	6384
places on the permit premises, where beer, mixed beverages, wine,	6385
or spirituous liquor is sold to the public for consumption on the	6386
premises. For each additional fixed counter on the permit premises	6387
where those beverages are sold for consumption on the premises,	6388
the permit holder shall obtain a duplicate D-2, D-3, D-3a, D-4,	6389
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	6390
D-5l, D-5m, D-5n, D-5o, or D-6 permit.	6391

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	6392
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o,	6393
or D-6 permit shall be granted, upon application to the division	6394
of liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	6395
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	6396
D-5n, D-5o, or D-6 permit for each additional fixed counter on the	6397
permit premises at which beer, mixed beverages, wine, or	6398
spirituous liquor is sold for consumption on the premises,	6399
provided the application is made in the same manner as an	6400
application for an original permit. The application shall be	6401
identified with DUPLICATE printed on the permit application form	6402
furnished by the department, in boldface type. The application	6403
shall identify by name, or otherwise amply describe, the room or	6404
place on the premises where the duplicate permit is to be	6405
operative. Each duplicate permit shall be issued only to the same	6406
individual, firm, or corporation as that of the original permit	6407
and shall be an exact duplicate in size and word content as the	6408
original permit, except that it shall show on it the name or other	6409
ample identification of the room, or place, for which it is issued	6410
and shall have DUPLICATE printed on it in boldface type. A	6411
duplicate permit shall bear the same number as the original	6412
permit. The fee for a duplicate permit is: D-1, one hundred	6413
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	6414
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	6415
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	6416
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	6417
dollars; D-5f, one thousand dollars; D-5o, one thousand dollars;	6418
D-6, one hundred dollars when issued to the holder of a D-4a	6419
permit; and in all other cases one hundred dollars or an amount	6420
which is twenty per cent of the fees payable for the A-1-A, D-2,	6421
D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,	6422
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, and D-6 permits issued to the	6423
same premises, whichever is higher. Application for a duplicate	6424
permit may be filed any time during the life of an original	6425
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	6426
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	6427
D-5n, D-5o, or D-6 permit shall be paid in accordance with section	6428
4303.24 of the Revised Code.	6429

Sec. 5502.03. (A) There is hereby created in the department	6430
of public safety a division of homeland security.	6431

(B) The division shall do all of the following:

6432

(1) Coordinate all homeland security activities of all state	6433
agencies and be the liaison between state agencies and local	6434
entities for the purposes of communicating homeland security	6435
funding and policy initiatives;	6436

(2) Collect, analyze, maintain, and disseminate information	6437
to support local, state, and federal law enforcement agencies,	6438
other government agencies, and private organizations in detecting,	6439
deterring, preventing, preparing for, responding to, and	6440
recovering from threatened or actual terrorist events. This	6441
information is not a public record pursuant to section 149.43 of	6442
the Revised Code.	6443

(3) Coordinate efforts of state and local governments and	6444
private organizations to enhance the security and protection of	6445
critical infrastructure, including casino facilities, and key	6446
assets in this state;	6447

(4) Develop and coordinate policies, protocols, and	6448
strategies that may be used to prevent, detect, prepare for,	6449
respond to, and recover from terrorist acts or threats;	6450

(5) Develop, update, and coordinate the implementation of an	6451
Ohio homeland security strategic plan that will guide state and	6452
local governments in the achievement of homeland security in this	6453
state.	6454

(C) The director of public safety shall appoint an executive	6455
director, who shall be head of the division of homeland security	6456
and who regularly shall advise the governor and the director on	6457
matters pertaining to homeland security. The executive director	6458
shall serve at the pleasure of the director of public safety. To	6459
carry out the duties assigned under this section, the executive	6460
director, subject to the direction and control of the director of	6461
public safety, may appoint and maintain necessary staff and may	6462
enter into any necessary agreements.	6463

(D) Except as otherwise provided by law, nothing in this	6464
section shall be construed to give the director of public safety	6465
or the executive director of the division of homeland security	6466
authority over the incident management structure or	6467
responsibilities of local emergency response personnel.	6468

(E) There is hereby created in the state treasury the	6469
homeland security fund. The fund shall consist of sixty cents of	6470
each fee collected under sections 4501.34, 4503.26, 4506.08, and	6471
4509.05 of the Revised Code as specified in those sections, plus	6472
on and after October 1, 2009, sixty cents of each fee collected	6473
under sections 4505.14 and 4519.63 of the Revised Code as	6474
specified in those sections. The fund shall be used to pay the	6475
expenses of administering the law relative to the powers and	6476
duties of the executive director of the division of homeland	6477
security, except that the director of budget and management may	6478
transfer excess money from the homeland security fund to the state	6479
highway safety fund if the director of public safety determines	6480
that the amount of money in the homeland security fund exceeds the	6481
amount required to cover such costs incurred by the division of	6482
homeland security and requests the director of budget and	6483
management to make the transfer.	6484

Sec. 5703.052. (A) There is hereby created in the state	6485
treasury the tax refund fund, from which refunds shall be paid for	6486
taxes illegally or erroneously assessed or collected, or for any	6487
other reason overpaid, that are levied by Chapter 4301., 4305.,	6488
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	6489
5749., or 5751., or 5753. and sections 3737.71, 3905.35, 3905.36,	6490
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	6491
of the Revised Code. Refunds for fees illegally or erroneously	6492
assessed or collected, or for any other reason overpaid, that are	6493
levied by sections 3734.90 to 3734.9014 of the Revised Code also	6494
shall be paid from the fund. Refunds for amounts illegally or	6495
erroneously assessed or collected by the tax commissioner, or for	6496
any other reason overpaid, that are due under section 1509.50 of	6497
the Revised Code shall be paid from the fund. However, refunds for	6498
taxes levied under section 5739.101 of the Revised Code shall not	6499
be paid from the tax refund fund, but shall be paid as provided in	6500
section 5739.104 of the Revised Code.	6501

(B)(1) Upon certification by the tax commissioner to the	6502
treasurer of state of a tax refund, a fee refund, or an other	6503
amount refunded, or by the superintendent of insurance of a	6504
domestic or foreign insurance tax refund, the treasurer of state	6505
shall place the amount certified to the credit of the fund. The	6506
certified amount transferred shall be derived from current	6507
receipts of the same tax, fee, or other amount from which the	6508
refund arose. If current receipts from the tax, fee, or other	6509
amount from which the refund arose are inadequate to make the	6510
transfer of the amount so certified, the treasurer of state shall	6511
transfer such certified amount from current receipts of the sales	6512
tax levied by section 5739.02 of the Revised Code.	6513

(2) When the treasurer of state provides for the payment of a	6514
refund of a tax, fee, or other amount from the current receipts of	6515
the sales tax, and the refund is for a tax, fee, or other amount	6516
that is not levied by the state, the tax commissioner shall	6517
recover the amount of that refund from the next distribution of	6518
that tax, fee, or other amount that otherwise would be made to the	6519
taxing jurisdiction. If the amount to be recovered would exceed	6520
twenty-five per cent of the next distribution of that tax, fee, or	6521
other amount, the commissioner may spread the recovery over more	6522
than one future distribution, taking into account the amount to be	6523
recovered and the amount of the anticipated future distributions.	6524
In no event may the commissioner spread the recovery over a period	6525
to exceed twenty-four months.	6526

Sec. 5703.19. (A) To carry out the purposes of the laws that	6527
the tax commissioner is required to administer, the commissioner	6528
or any person employed by the commissioner for that purpose, upon	6529
demand, may inspect books, accounts, records, and memoranda of any	6530
person or public utility subject to those laws, and may examine	6531
under oath any officer, agent, or employee of that person or	6532
public utility. Any person other than the commissioner who makes a	6533
demand pursuant to this section shall produce the person's	6534
authority to make the inspection.	6535

(B) If a person or public utility receives at least ten days'	6536
written notice of a demand made under division (A) of this section	6537
and refuses to comply with that demand, a penalty of five hundred	6538
dollars shall be imposed upon the person or public utility for	6539
each day the person or public utility refuses to comply with the	6540
demand. Penalties imposed under this division may be assessed and	6541
collected in the same manner as assessments made under Chapter	6542
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	6543
5747., 5749., or 5751., or 5753., or sections 3734.90 to	6544
3734.9014, of the Revised Code.	6545

Sec. 5703.21. (A) Except as provided in divisions (B) and	6546
(C) of this section, no agent of the department of taxation,	6547
except in the agent's report to the department or when called on	6548
to testify in any court or proceeding, shall divulge any	6549
information acquired by the agent as to the transactions,	6550
property, or business of any person while acting or claiming to	6551
act under orders of the department. Whoever violates this	6552
provision shall thereafter be disqualified from acting as an	6553
officer or employee or in any other capacity under appointment or	6554
employment of the department.	6555

(B)(1) For purposes of an audit pursuant to section 117.15 of	6556
the Revised Code, or an audit of the department pursuant to	6557
Chapter 117. of the Revised Code, or an audit, pursuant to that	6558
chapter, the objective of which is to express an opinion on a	6559
financial report or statement prepared or issued pursuant to	6560
division (A)(7) or (9) of section 126.21 of the Revised Code, the	6561
officers and employees of the auditor of state charged with	6562
conducting the audit shall have access to and the right to examine	6563
any state tax returns and state tax return information in the	6564
possession of the department to the extent that the access and	6565
examination are necessary for purposes of the audit. Any	6566
information acquired as the result of that access and examination	6567
shall not be divulged for any purpose other than as required for	6568
the audit or unless the officers and employees are required to	6569
testify in a court or proceeding under compulsion of legal	6570
process. Whoever violates this provision shall thereafter be	6571
disqualified from acting as an officer or employee or in any other	6572
capacity under appointment or employment of the auditor of state.	6573

(2) For purposes of an internal audit pursuant to section	6574
126.45 of the Revised Code, the officers and employees of the	6575
office of internal auditing in the office of budget and management	6576
charged with conducting the internal audit shall have access to	6577
and the right to examine any state tax returns and state tax	6578
return information in the possession of the department to the	6579
extent that the access and examination are necessary for purposes	6580
of the internal audit. Any information acquired as the result of	6581
that access and examination shall not be divulged for any purpose	6582
other than as required for the internal audit or unless the	6583
officers and employees are required to testify in a court or	6584
proceeding under compulsion of legal process. Whoever violates	6585
this provision shall thereafter be disqualified from acting as an	6586
officer or employee or in any other capacity under appointment or	6587
employment of the office of internal auditing.	6588

(3) As provided by section 6103(d)(2) of the Internal Revenue	6589
Code, any federal tax returns or federal tax information that the	6590
department has acquired from the internal revenue service, through	6591
federal and state statutory authority, may be disclosed to the	6592
auditor of state or the office of internal auditing solely for	6593
purposes of an audit of the department.	6594

(4) For purposes of Chapter 3739. of the Revised Code, an	6595
agent of the department of taxation may share information with the	6596
division of state fire marshal that the agent finds during the	6597
course of an investigation.	6598

(C) Division (A) of this section does not prohibit any of the	6599
following:	6600

(1) Divulging information contained in applications,	6601
complaints, and related documents filed with the department under	6602
section 5715.27 of the Revised Code or in applications filed with	6603
the department under section 5715.39 of the Revised Code;	6604

(2) Providing information to the office of child support	6605
within the department of job and family services pursuant to	6606
section 3125.43 of the Revised Code;	6607

(3) Disclosing to the board of motor vehicle collision repair	6608
registration any information in the possession of the department	6609
that is necessary for the board to verify the existence of an	6610
applicant's valid vendor's license and current state tax	6611
identification number under section 4775.07 of the Revised Code;	6612

(4) Providing information to the administrator of workers'	6613
compensation pursuant to sections 4123.271 and 4123.591 of the	6614
Revised Code;	6615

(5) Providing to the attorney general information the	6616
department obtains under division (J) of section 1346.01 of the	6617
Revised Code;	6618

(6) Permitting properly authorized officers, employees, or	6619
agents of a municipal corporation from inspecting reports or	6620
information pursuant to rules adopted under section 5745.16 of the	6621
Revised Code;	6622

(7) Providing information regarding the name, account number,	6623
or business address of a holder of a vendor's license issued	6624
pursuant to section 5739.17 of the Revised Code, a holder of a	6625
direct payment permit issued pursuant to section 5739.031 of the	6626
Revised Code, or a seller having a use tax account maintained	6627
pursuant to section 5741.17 of the Revised Code, or information	6628
regarding the active or inactive status of a vendor's license,	6629
direct payment permit, or seller's use tax account;	6630

(8) Releasing invoices or invoice information furnished under	6631
section 4301.433 of the Revised Code pursuant to that section;	6632

(9) Providing to a county auditor notices or documents	6633
concerning or affecting the taxable value of property in the	6634
county auditor's county. Unless authorized by law to disclose	6635
documents so provided, the county auditor shall not disclose such	6636
documents;	6637

(10) Providing to a county auditor sales or use tax return or	6638
audit information under section 333.06 of the Revised Code;	6639

(11) Subject to section 4301.441 of the Revised Code,	6640
disclosing to the appropriate state agency information in the	6641
possession of the department of taxation that is necessary to	6642
verify a permit holder's gallonage or noncompliance with taxes	6643
levied under Chapter 4301. or 4305. of the Revised Code;	6644

(12) Disclosing to the department of natural resources	6645
information in the possession of the department that is necessary	6646
to verify the taxpayer's compliance with division (A)(1), (8), or	6647
(9) of section 5749.02 of the Revised Code and information	6648
received pursuant to section 1509.50 of the Revised Code	6649
concerning the amount due under that section;	6650

(13) Disclosing to the department of job and family services,	6651
industrial commission, and bureau of workers' compensation	6652
information in the possession of the department of taxation solely	6653
for the purpose of identifying employers that misclassify	6654
employees as independent contractors or that fail to properly	6655
report and pay employer tax liabilities. The department of	6656
taxation shall disclose only such information that is necessary to	6657
verify employer compliance with law administered by those	6658
agencies.	6659

(14) Disclosing to the Ohio casino control commission	6660
information in the possession of the department of taxation that	6661
is necessary to verify a taxpayer's compliance with section	6662
5753.02 of the Revised Code and sections related thereto.	6663

Sec. 5703.70. (A) On the filing of an application for refund	6664
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	6665
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	6666
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	6667
5749.08, or 5751.08, or 5753.06 of the Revised Code, or an	6668
application for compensation under section 5739.061 of the Revised	6669
Code, if the tax commissioner determines that the amount of the	6670
refund or compensation to which the applicant is entitled is less	6671
than the amount claimed in the application, the commissioner shall	6672
give the applicant written notice by ordinary mail of the amount.	6673
The notice shall be sent to the address shown on the application	6674
unless the applicant notifies the commissioner of a different	6675
address. The applicant shall have sixty days from the date the	6676
commissioner mails the notice to provide additional information to	6677
the commissioner or request a hearing, or both.	6678

(B) If the applicant neither requests a hearing nor provides	6679
additional information to the tax commissioner within the time	6680
prescribed by division (A) of this section, the commissioner shall	6681
take no further action, and the refund or compensation amount	6682
denied becomes final.	6683

(C)(1) If the applicant requests a hearing within the time	6684
prescribed by division (A) of this section, the tax commissioner	6685
shall assign a time and place for the hearing and notify the	6686
applicant of such time and place, but the commissioner may	6687
continue the hearing from time to time as necessary. After the	6688
hearing, the commissioner may make such adjustments to the refund	6689
or compensation as the commissioner finds proper, and shall issue	6690
a final determination thereon.	6691

(2) If the applicant does not request a hearing, but provides	6692
additional information, within the time prescribed by division (A)	6693
of this section, the commissioner shall review the information,	6694
make such adjustments to the refund or compensation as the	6695
commissioner finds proper, and issue a final determination	6696
thereon.	6697

(3) The commissioner shall serve a copy of the final	6698
determination made under division (C)(1) or (2) of this section on	6699
the applicant in the manner provided in section 5703.37 of the	6700
Revised Code, and the decision is final, subject to appeal under	6701
section 5717.02 of the Revised Code.	6702

(D) The tax commissioner shall certify to the director of	6703
budget and management and treasurer of state for payment from the	6704
tax refund fund created by section 5703.052 of the Revised Code,	6705
the amount of the refund to be refunded under division (B) or (C)	6706
of this section. The commissioner also shall certify to the	6707
director and treasurer of state for payment from the general	6708
revenue fund the amount of compensation to be paid under division	6709
(B) or (C) of this section.	6710

Sec. 5747.02. (A) For the purpose of providing revenue for	6711
the support of schools and local government functions, to provide	6712
relief to property taxpayers, to provide revenue for the general	6713
revenue fund, and to meet the expenses of administering the tax	6714
levied by this chapter, there is hereby levied on every	6715
individual, trust, and estate residing in or earning or receiving	6716
income in this state, on every individual, trust, and estate	6717
earning or receiving lottery winnings, prizes, or awards pursuant	6718
to Chapter 3770. of the Revised Code, on every individual, trust,	6719
and estate earning or receiving winnings on casino gaming, and on	6720
every individual, trust, and estate otherwise having nexus with or	6721
in this state under the Constitution of the United States, an	6722
annual tax measured in the case of individuals by Ohio adjusted	6723
gross income less an exemption for the taxpayer, the taxpayer's	6724
spouse, and each dependent as provided in section 5747.025 of the	6725
Revised Code; measured in the case of trusts by modified Ohio	6726
taxable income under division (D) of this section; and measured in	6727
the case of estates by Ohio taxable income. The tax imposed by	6728
this section on the balance thus obtained is hereby levied as	6729
follows:	6730

(1) For taxable years beginning in 2004:

6731

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		6732
OR		6733
MODIFIED OHIO		6734
TAXABLE INCOME (TRUSTS)		6735
OR		6736
OHIO TAXABLE INCOME (ESTATES)	TAX	6737

$5,000 or less	.743%	6738
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	6739
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	6740
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	6741
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	6742
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	6743
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	6744
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	6745
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	6746

(2) For taxable years beginning in 2005:

6747

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		6748
OR		6749
MODIFIED OHIO		6750
TAXABLE INCOME (TRUSTS)		6751
OR		6752
OHIO TAXABLE INCOME (ESTATES)	TAX	6753

$5,000 or less	.712%	6754
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	6755
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	6756
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	6757
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	6758
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	6759
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	6760
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	6761
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	6762

(3) For taxable years beginning in 2006:

6763

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		6764
OR		6765
MODIFIED OHIO		6766
TAXABLE INCOME (TRUSTS)		6767
OR		6768
OHIO TAXABLE INCOME (ESTATES)	TAX	6769

$5,000 or less	.681%	6770
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	6771
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	6772
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	6773
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	6774
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	6775
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	6776
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	6777
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	6778

(4) For taxable years beginning in 2007:

6779

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		6780
OR		6781
MODIFIED OHIO		6782
TAXABLE INCOME (TRUSTS)		6783
OR		6784
OHIO TAXABLE INCOME (ESTATES)	TAX	6785

$5,000 or less	.649%	6786
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	6787
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	6788
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	6789
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	6790
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	6791
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	6792
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	6793
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	6794

(5) For taxable years beginning in 2008, 2009, or 2010:

6795

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		6796
OR		6797
MODIFIED OHIO		6798
TAXABLE INCOME (TRUSTS)		6799
OR		6800
OHIO TAXABLE INCOME (ESTATES)	TAX	6801

$5,000 or less	.618%	6802
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	6803
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	6804
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	6805
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	6806
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	6807
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	6808
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	6809
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	6810

(6) For taxable years beginning in 2011 or thereafter:

6811

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		6812
OR		6813
MODIFIED OHIO		6814
TAXABLE INCOME (TRUSTS)		6815
OR		6816
OHIO TAXABLE INCOME (ESTATES)	TAX	6817

$5,000 or less	.587%	6818
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	6819
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	6820
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	6821
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	6822
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	6823
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	6824
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	6825
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	6826

In July of each year, beginning in 2010, the tax commissioner	6827
shall adjust the income amounts prescribed in this division by	6828
multiplying the percentage increase in the gross domestic product	6829
deflator computed that year under section 5747.025 of the Revised	6830
Code by each of the income amounts resulting from the adjustment	6831
under this division in the preceding year, adding the resulting	6832
product to the corresponding income amount resulting from the	6833
adjustment in the preceding year, and rounding the resulting sum	6834
to the nearest multiple of fifty dollars. The tax commissioner	6835
also shall recompute each of the tax dollar amounts to the extent	6836
necessary to reflect the adjustment of the income amounts. The	6837
rates of taxation shall not be adjusted.	6838

The adjusted amounts apply to taxable years beginning in the	6839
calendar year in which the adjustments are made. The tax	6840
commissioner shall not make such adjustments in any year in which	6841
the amount resulting from the adjustment would be less than the	6842
amount resulting from the adjustment in the preceding year.	6843

(B) If the director of budget and management makes a	6844
certification to the tax commissioner under division (B) of	6845
section 131.44 of the Revised Code, the amount of tax as	6846
determined under division (A) of this section shall be reduced by	6847
the percentage prescribed in that certification for taxable years	6848
beginning in the calendar year in which that certification is	6849
made.	6850

(C) The levy of this tax on income does not prevent a	6851
municipal corporation, a joint economic development zone created	6852
under section 715.691, or a joint economic development district	6853
created under section 715.70 or 715.71 or sections 715.72 to	6854
715.81 of the Revised Code from levying a tax on income.	6855

(D) This division applies only to taxable years of a trust	6856
beginning in 2002 or thereafter.	6857

(1) The tax imposed by this section on a trust shall be	6858
computed by multiplying the Ohio modified taxable income of the	6859
trust by the rates prescribed by division (A) of this section.	6860

(2) A nonresident trust may claim a credit against the tax	6861
computed under division (D) of this section equal to the lesser of	6862
(1) the tax paid to another state or the District of Columbia on	6863
the nonresident trust's modified nonbusiness income, other than	6864
the portion of the nonresident trust's nonbusiness income that is	6865
qualifying investment income as defined in section 5747.012 of the	6866
Revised Code, or (2) the effective tax rate, based on modified	6867
Ohio taxable income, multiplied by the nonresident trust's	6868
modified nonbusiness income other than the portion of the	6869
nonresident trust's nonbusiness income that is qualifying	6870
investment income. The credit applies before any other applicable	6871
credits.	6872

(3) The credits enumerated in divisions (A)(1) to (13) of	6873
section 5747.98 of the Revised Code do not apply to a trust	6874
subject to division (D) of this section. Any credits enumerated in	6875
other divisions of section 5747.98 of the Revised Code apply to a	6876
trust subject to division (D) of this section. To the extent that	6877
the trust distributes income for the taxable year for which a	6878
credit is available to the trust, the credit shall be shared by	6879
the trust and its beneficiaries. The tax commissioner and the	6880
trust shall be guided by applicable regulations of the United	6881
States treasury regarding the sharing of credits.	6882

(E) For the purposes of this section, "trust" means any trust	6883
described in Subchapter J of Chapter 1 of the Internal Revenue	6884
Code, excluding trusts that are not irrevocable as defined in	6885
division (I)(3)(b) of section 5747.01 of the Revised Code and that	6886
have no modified Ohio taxable income for the taxable year,	6887
charitable remainder trusts, qualified funeral trusts and preneed	6888
funeral contract trusts established pursuant to sections 4717.31	6889
to 4717.38 of the Revised Code that are not qualified funeral	6890
trusts, endowment and perpetual care trusts, qualified settlement	6891
trusts and funds, designated settlement trusts and funds, and	6892
trusts exempted from taxation under section 501(a) of the Internal	6893
Revenue Code.	6894

Sec. 5747.063. (A)(1) If a person's winnings at a casino	6895
facility are an amount for which reporting to the internal revenue	6896
service of the amount is required by 26 U.S.C. 6041 or a	6897
subsequent, analogous section of the Internal Revenue Code, the	6898
casino operator shall deduct and withhold Ohio income tax from the	6899
person's winnings at a rate of six per cent of the amount won. A	6900
person's amount of winnings shall be determined each time the	6901
person exchanges amounts won in tokens, chips, casino credit, or	6902
other pre-paid representations of value for cash or a cash	6903
equivalent. The casino operator shall issue, to a person from	6904
whose winnings an amount has been deducted and withheld, a receipt	6905
for the amount deducted and withheld, and also shall obtain from	6906
the person additional information that will be necessary for the	6907
casino operator to prepare the returns required by this section.	6908

(2) If a person's winnings at a casino facility require	6909
reporting to the internal revenue service under division (A)(1) of	6910
this section, the casino operator also shall require the person to	6911
state in writing, under penalty of falsification, whether the	6912
person is in default under a support order.	6913

(B) Amounts deducted and withheld by a casino operator are	6914
held in trust for the benefit of the state.	6915

(1) On the tenth banking day of each month, the casino	6916
operator shall file a return electronically with the tax	6917
commissioner identifying the persons from whose winnings amounts	6918
were deducted and withheld and the amount of each such deduction	6919
and withholding during the preceding calendar month. With the	6920
return, the casino operator shall remit electronically to the tax	6921
commissioner all the amounts deducted and withheld during the	6922
preceding month. And together with the return and remittance, the	6923
casino operator shall transmit electronically to the tax	6924
commissioner a copy of each receipt issued, and a copy of each	6925
statement made, under divisions (A)(1) and (2) of this section.	6926

(2) Annually on or before the thirty-first day of January, a	6927
casino operator shall file an annual return electronically with	6928
the tax commissioner indicating the total amount deducted and	6929
withheld during the preceding calendar year. The casino operator	6930
shall remit electronically with the annual return any amount that	6931
was deducted and withheld and that was not previously remitted. If	6932
the identity of a person and the amount deducted and withheld with	6933
respect to that person were omitted on a monthly return, that	6934
information shall be indicated on the annual return. And if a copy	6935
of the receipt and statement pertaining to a person was not	6936
previously transmitted to the tax commissioner, the receipt and	6937
statement shall be transmitted to the tax commissioner	6938
electronically with the annual return.	6939

(3)(a) A casino operator who fails to file a return and remit	6940
the amounts deducted and withheld is personally liable for the	6941
amount deducted and withheld and not remitted. The tax	6942
commissioner may impose a penalty up to one thousand dollars if a	6943
return is filed late, if amounts deducted and withheld are	6944
remitted late, if a return is not filed, or if amounts deducted	6945
and withheld are not remitted. Interest accrues on past due	6946
amounts deducted and withheld at the rate prescribed in section	6947
5703.47 of the Revised Code. The tax commissioner may collect past	6948
due amounts deducted and withheld and penalties and interest	6949
thereon by assessment under section 5747.13 of the Revised Code as	6950
if they were income taxes collected by an employer.	6951

(b) If a casino operator sells the casino facility or	6952
otherwise quits the casino business, the amounts deducted and	6953
withheld and any penalties and interest thereon are immediately	6954
due and payable. The successor shall withhold an amount of the	6955
purchase money that is sufficient to cover the amounts deducted	6956
and withheld and penalties and interest thereon until the	6957
predecessor casino operator produces either a receipt from the tax	6958
commissioner showing that the amounts deducted and withheld and	6959
penalties and interest thereon have been paid or a certificate	6960
from the tax commissioner indicating that no amounts deducted and	6961
withheld or penalties and interest thereon are due. If the	6962
successor fails to withhold purchase money, the successor is	6963
personally liable for payment of the amounts deducted and withheld	6964
and penalties and interest thereon, up to the amount of the	6965
purchase money.	6966

(C) Annually, on or before the thirty-first day of January, a	6967
casino operator shall issue an information return to each person	6968
with respect to whom an amount has been deducted and withheld	6969
during the preceding calendar year. The information return shall	6970
show the total amount deducted from the person's winnings by the	6971
casino operator during the preceding calendar year.	6972

(D) The failure of a casino operator to deduct and withhold	6973
the required amount from a person's winnings does not relieve the	6974
person from liability for the tax imposed by section 5747.02 of	6975
the Revised Code with respect to those winnings. And compliance	6976
with this section does not relieve a casino operator or a person	6977
who has winnings at a casino facility from compliance with	6978
relevant provisions of federal tax laws.	6979

(E) The tax commissioner shall prescribe the form of the	6980
receipt, statement, and returns required by this section.	6981

Sec. 5753.01. As used in this chapter:

6982

(A) "Casino facility" has the same meaning as in section	6983
3772.01 of the Revised Code.	6984

(B) "Casino gaming" has the same meaning as in section	6985
3772.01 of the Revised Code.	6986

(C) "Casino operator" has the same meaning as in section	6987
3772.01 of the Revised Code.	6988

(D) "Gross casino revenue" means the total amount of money	6989
exchanged for the purchase of chips, tokens, tickets, electronic	6990
cards, or similar objects by casino patrons, less winnings paid to	6991
wagerers.	6992

(E) "Person" has the same meaning as in section 3772.01 of	6993
the Revised Code.	6994

(F) "Slot machine" has the same meaning as in section 3772.01	6995
of the Revised Code.	6996

(G) "Table game" has the same meaning as in section 3772.01	6997
of the Revised Code.	6998

(H) "Tax period" means, as the case may be, either (1) the	6999
day before a return is filed or (2) the days beginning with the	7000
day on which the previous return was filed through the day before	7001
the day on which the current return is filed.	7002

Sec. 5753.02. For the purpose of funding the needs of	7003
cities, counties, public school districts, law enforcement, and	7004
the horse racing industry; funding efforts to alleviate problem	7005
gambling and substance abuse; defraying Ohio casino control	7006
commission operating costs; and defraying the costs of	7007
administering the tax, a tax is levied on the gross casino revenue	7008
received by a casino operator of a casino facility at the rate of	7009
thirty-three per cent of the casino operator's gross casino	7010
revenue at the casino facility. The tax is in addition to any	7011
other taxes or fees imposed under the Revised Code or other law	7012
and for which the casino operator is liable under Section 6(C)(2)	7013
of Article XV, Ohio Constitution.	7014

Sec. 5753.03. (A) For the purpose of receiving and	7015
distributing, and accounting for, revenue received from the tax	7016
levied by section 5753.02 of the Revised Code, the following funds	7017
are created in the state treasury:	7018

(1) The casino tax revenue fund;

7019

(2) The gross casino revenue county fund;

7020

(3) The gross casino revenue county student fund;

7021

(4) The gross casino revenue host city fund;

7022

(5) The Ohio state racing commission fund;

7023

(6) The Ohio law enforcement training fund;

7024

(7) The problem casino gambling and addictions fund;

7025

(8) The casino control commission fund;

7026

(9) The casino tax administration fund.

7027

(B) All moneys collected from the tax levied under this	7028
chapter shall be deposited into the casino tax revenue fund.	7029

(C) From the casino tax revenue fund the treasurer of state	7030
shall transfer as needed to the tax refund fund amounts equal to	7031
the refunds certified by the tax commissioner under section	7032
5753.06 of the Revised Code.	7033

(D) After making any transfers required by division (C) of	7034
this section, but not later than the fifteenth day of each	7035
quarterly period, the tax commissioner shall certify to the	7036
director of budget and management amounts to be transferred to	7037
each fund as follows:	7038

(1) Fifty-one per cent to the gross casino revenue county	7039
fund to make payments as required by Section 6(C)(3)(a) of Article	7040
XV, Ohio Constitution;	7041

(2) Thirty-four per cent to the gross casino revenue county	7042
student fund to make payments as required by Section 6(C)(3)(b) of	7043
Article XV, Ohio Constitution;	7044

(3) Five per cent to the gross casino revenue host city fund	7045
to make payments to the cities in which casino facilities are	7046
located as required by Section 6(C)(3)(c) of Article XV, Ohio	7047
Constitution;	7048

(4) Three per cent to the Ohio state racing commission fund	7049
to support horse racing in this state at which the pari-mutuel	7050
system of wagering is conducted;	7051

(5) Two per cent to the Ohio law enforcement training fund to	7052
support law enforcement functions in the state;	7053

(6) Two per cent to the problem casino gambling and	7054
addictions fund to support efforts to alleviate problem gambling	7055
and substance abuse and related research in the state;	7056

(7) Three per cent to the casino control commission fund to	7057
support the operations of the Ohio casino control commission and	7058
to defray the cost of administering the tax levied under section	7059
5753.02 of the Revised Code.	7060

Payments under divisions (D)(1), (2), and (3) of this section	7061
shall be made by the end of the month following the end of the	7062
quarterly period.	7063

Of the money credited to the Ohio law enforcement training	7064
fund, the treasurer of state shall distribute eighty-five per cent	7065
of the money to the Ohio peace officer training academy and	7066
fifteen per cent of the money to the division of criminal justice	7067
services.	7068

(E) The director of budget and management shall transfer one	7069
per cent of the money credited to the Ohio casino control	7070
commission fund to the casino tax administration fund. The tax	7071
commissioner shall use the casino tax administration fund to	7072
defray the costs incurred in administering the tax levied by this	7073
chapter.	7074

Sec. 5753.04. Daily each day banks are open for business,	7075
not later than noon, a casino operator shall file a return	7076
electronically with the tax commissioner. The return shall be in	7077
the form required by the tax commissioner, and shall reflect the	7078
relevant tax period. The return shall include, but is not limited	7079
to, the amount of the casino operator's gross casino revenue for	7080
the tax period and the amount of tax due under section 5753.02 of	7081
the Revised Code for the tax period. The casino operator shall	7082
remit electronically with the return the tax due.	7083

If the casino operator ceases to be a taxpayer at any time,	7084
the casino operator shall indicate the last date for which the	7085
casino operator was liable for the tax. The return shall include a	7086
space for this purpose.	7087

Sec. 5753.05. (A)(1) A casino operator who fails to file a	7088
return or to remit the tax due as required by section 5753.04 of	7089
the Revised Code shall pay a penalty equal to the greater of five	7090
hundred dollars or ten per cent of the tax due.	7091

(2) If the tax commissioner finds additional tax to be due,	7092
the tax commissioner may impose an additional penalty of up to	7093
fifteen per cent of the additional excise tax found to be due. A	7094
delinquent payment of tax made as the result of a notice or an	7095
audit is subject to the additional penalty imposed by this	7096
division.	7097

(3) If a casino operator fails to file a return	7098
electronically or to remit the tax electronically, the tax	7099
commissioner may impose an additional penalty of fifty dollars or	7100
ten per cent of the tax due as shown on the return, whichever is	7101
greater.	7102

(B) If the tax due under section 5753.02 of the Revised Code	7103
is not timely paid, the casino operator shall pay interest at the	7104
rate per annum prescribed in section 5703.47 of the Revised Code	7105
beginning on the day the tax was due through the day the tax is	7106
paid or an assessment is issued, whichever occurs first.	7107

(C) The tax commissioner shall collect any penalty or	7108
interest as if it were the tax levied by section 5753.02 of the	7109
Revised Code. Penalties and interest shall be treated as if they	7110
were revenue arising from the tax levied by section 5753.02 of the	7111
Revised Code.	7112

(D) The tax commissioner may abate all or a portion of any	7113
penalty imposed under this section and may adopt rules governing	7114
abatements.	7115

(E) If a casino operator fails to file a return or remit the	7116
tax due as required by section 5753.04 of the Revised Code within	7117
a period of one year after the due date for filing the return or	7118
remitting the tax, the Ohio casino control commission may suspend	7119
the casino operator's license.	7120

Sec. 5753.06. (A) A casino operator may apply to the tax	7121
commissioner for refund of the amount of taxes under section	7122
5753.02 of the Revised Code that were overpaid, paid illegally or	7123
erroneously, or paid on an illegal or erroneous assessment. The	7124
application shall be on a form prescribed by the tax commissioner.	7125
The casino operator shall provide the amount of the requested	7126
refund along with the claimed reasons for, and documentation to	7127
support, the issuance of a refund. The casino operator shall file	7128
the application with the tax commissioner within four years after	7129
the date the payment was made, unless the applicant has waived the	7130
time limitation under division (D) of section 5753.07 of the	7131
Revised Code. In the latter event, the four-year limitation is	7132
extended for the same period of time as the waiver.	7133

(B) Upon the filing of a refund application, the tax	7134
commissioner shall determine the amount of refund to which the	7135
applicant is entitled. If the amount is not less than that	7136
claimed, the tax commissioner shall certify the amount to the	7137
director of budget and management and treasurer of state for	7138
payment from the tax refund fund. If the amount is less than that	7139
claimed, the tax commissioner shall proceed under section 5703.70	7140
of the Revised Code.	7141

(C) Interest on a refund applied for under this section,	7142
computed at the rate provided for in section 5703.47 of the	7143
Revised Code, shall be allowed from the later of the date the tax	7144
was due or the date payment of the tax was made. Except as	7145
provided in section 5753.07 of the Revised Code, the tax	7146
commissioner may, with the consent of the casino operator, provide	7147
for crediting against the tax due for a tax period, the amount of	7148
any refund due the casino operator for a preceding tax period.	7149

(D) Refunds under this section are subject to offset under	7150
section 5753.061 of the Revised Code.	7151

Sec. 5753.061. As used in this section, "debt to the state"	7152
means unpaid taxes that are due the state, unpaid workers'	7153
compensation premiums that are due, unpaid unemployment	7154
compensation contributions that are due, unpaid unemployment	7155
compensation payments in lieu of contributions that are due,	7156
unpaid fees payable to the state or to the clerk of courts under	7157
section 4505.06 of the Revised Code, incorrect medical assistance	7158
payments, or any unpaid charge, penalty, or interest arising from	7159
any of the foregoing. A debt to the state is not a "debt to the	7160
state" as used in this section unless the liability underlying the	7161
debt to the state has become incontestable because the time for	7162
appealing, reconsidering, reassessing, or otherwise questioning	7163
the liability has expired or the liability has been finally	7164
determined to be valid.	7165

If a casino operator who is entitled to a refund under	7166
section 5753.06 of the Revised Code owes a debt to the state, the	7167
amount refundable may be applied in satisfaction of the debt to	7168
the state. If the amount refundable is less than the amount of the	7169
debt to the state, the amount refundable may be applied in partial	7170
satisfaction of the debt. If the amount refundable is greater than	7171
the amount of the debt, the amount refundable remaining after	7172
satisfaction of the debt shall be refunded to the casino operator.	7173

Sec. 5753.07. (A)(1) The tax commissioner may issue an	7174
assessment, based on any information in the tax commissioner's	7175
possession, against a casino operator who fails to pay the tax	7176
levied under section 5753.02 of the Revised Code or to file a	7177
return under section 5753.04 of the Revised Code. The tax	7178
commissioner shall give the casino operator written notice of the	7179
assessment under section 5703.37 of the Revised Code. With the	7180
notice, the tax commissioner shall include instructions on how to	7181
petition for reassessment and on how to request a hearing with	7182
respect to the petition.	7183

(2) Unless the casino operator, within sixty days after	7184
service of the notice of assessment, files with the tax	7185
commissioner, either personally or by certified mail, a written	7186
petition signed by the casino operator, or by the casino	7187
operator's authorized agent who has knowledge of the facts, the	7188
assessment becomes final, and the amount of the assessment is due	7189
and payable from the casino operator to the treasurer of state.	7190
The petition shall indicate the casino operator's objections to	7191
the assessment. Additional objections may be raised in writing if	7192
they are received by the tax commissioner before the date shown on	7193
the final determination.	7194

(3) If a petition for reassessment has been properly filed,	7195
the tax commissioner shall proceed under section 5703.60 of the	7196
Revised Code.	7197

(4) After an assessment becomes final, if any portion of the	7198
assessment, including penalties and accrued interest, remains	7199
unpaid, the tax commissioner may file a certified copy of the	7200
entry making the assessment final in the office of the clerk of	7201
the court of common pleas of Franklin county or in the office of	7202
the clerk of the court of common pleas of the county in which the	7203
casino operator resides, the casino operator's casino facility is	7204
located, or the casino operator's principal place of business in	7205
this state is located. Immediately upon the filing of the entry,	7206
the clerk shall enter a judgment for the state against the	7207
taxpayer assessed in the amount shown on the entry. The judgment	7208
may be filed by the clerk in a loose-leaf book entitled, "special	7209
judgments for the gross casino revenue tax." The judgment has the	7210
same effect as other judgments. Execution shall issue upon the	7211
judgment at the request of the tax commissioner, and all laws	7212
applicable to sales on execution apply to sales made under the	7213
judgment.	7214

(5) The portion of an assessment not paid within sixty days	7215
after the day the assessment was issued bears interest at the rate	7216
per annum prescribed by section 5703.47 of the Revised Code from	7217
the day the tax commissioner issued the assessment until the	7218
assessment is paid. Interest shall be paid in the same manner as	7219
the tax levied under section 5753.02 of the Revised Code and may	7220
be collected by the issuance of an assessment under this section.	7221

(B) If the tax commissioner believes that collection of the	7222
tax levied under section 5753.02 of the Revised Code will be	7223
jeopardized unless proceedings to collect or secure collection of	7224
the tax are instituted without delay, the commissioner may issue a	7225
jeopardy assessment against the casino operator who is liable for	7226
the tax. Immediately upon the issuance of a jeopardy assessment,	7227
the tax commissioner shall file an entry with the clerk of the	7228
court of common pleas in the manner prescribed by division (A)(4)	7229
of this section, and the clerk shall proceed as directed in that	7230
division. Notice of the jeopardy assessment shall be served on the	7231
casino operator or the casino operator's authorized agent under	7232
section 5703.37 of the Revised Code within five days after the	7233
filing of the entry with the clerk. The total amount assessed is	7234
immediately due and payable, unless the casino operator assessed	7235
files a petition for reassessment under division (A)(2) of this	7236
section and provides security in a form satisfactory to the tax	7237
commissioner that is in an amount sufficient to satisfy the unpaid	7238
balance of the assessment. If a petition for reassessment has been	7239
filed, and if satisfactory security has been provided, the tax	7240
commissioner shall proceed under division (A)(3) of this section.	7241
Full or partial payment of the assessment does not prejudice the	7242
tax commissioner's consideration of the petition for reassessment.	7243

(C) The tax commissioner shall immediately forward to the	7244
treasurer of state all amounts the tax commissioner receives under	7245
this section, and the amounts forwarded shall be treated as if	7246
they were revenue arising from the tax levied under section	7247
5753.02 of the Revised Code.	7248

(D) Except as otherwise provided in this division, no	7249
assessment shall be issued against a casino operator for the tax	7250
levied under section 5753.02 of the Revised Code more than four	7251
years after the due date for filing the return for the tax period	7252
for which the tax was reported, or more than four years after the	7253
return for the tax period was filed, whichever is later. This	7254
division does not bar an assessment against a casino operator who	7255
fails to file a return as required by section 5753.04 of the	7256
Revised Code or who files a fraudulent return, or when the casino	7257
operator and the tax commissioner waive in writing the time	7258
limitation.	7259

(E) If the tax commissioner possesses information that	7260
indicates that the amount of tax a casino operator is liable to	7261
pay under section 5753.02 of the Revised Code exceeds the amount	7262
the casino operator paid, the tax commissioner may audit a sample	7263
of the casino operator's gross casino revenue over a	7264
representative period of time to ascertain the amount of tax due,	7265
and may issue an assessment based on the audit. The tax	7266
commissioner shall make a good faith effort to reach agreement	7267
with the casino operator in selecting a representative sample. The	7268
tax commissioner may apply a sampling method only if the tax	7269
commissioner has prescribed the method by rule.	7270

(F) If the whereabouts of a casino operator who is liable for	7271
the tax levied under section 5753.02 of the Revised Code are	7272
unknown to the tax commissioner, the tax commissioner shall	7273
proceed under section 5703.37 of the Revised Code.	7274

(G) If a casino operator fails to pay the tax levied under	7275
section 5753.02 of the Revised Code within a period of one year	7276
after the due date for remitting the tax, the Ohio casino control	7277
commission may suspend the casino operator's license.	7278

Sec. 5753.08. If a casino operator who is liable for the tax	7279
levied under section 5753.02 of the Revised Code sells the casino	7280
facility, disposes of the casino facility in any manner other than	7281
in the regular course of business, or quits the casino gaming	7282
business, any tax owed by that person becomes immediately due and	7283
payable, and the person shall pay the tax due, including any	7284
applicable penalties and interest. The person's successor shall	7285
withhold a sufficient amount of the purchase money to cover the	7286
amounts due and unpaid until the predecessor produces a receipt	7287
from the tax commissioner showing that the amounts due have been	7288
paid or a certificate indicating that no taxes are due. If the	7289
successor fails to withhold purchase money, the successor is	7290
personally liable, up to the purchase money amount, for amounts	7291
that were unpaid during the operation of the business by the	7292
predecessor.	7293

Sec. 5753.09. The tax commissioner shall administer and	7294
enforce this chapter. In addition to any other powers conferred	7295
upon the tax commissioner by law, the tax commissioner may:	7296

(A) Prescribe all forms that are required to be filed under	7297
this chapter;	7298

(B) Adopt rules that are necessary and proper to carry out	7299
this chapter; and	7300

(C) Appoint professional, technical, and clerical employees	7301
as are necessary to carry out the tax commissioner's duties under	7302
this chapter.	7303

Sec. 5753.10. The tax commissioner may prescribe	7304
requirements for the keeping of records and pertinent documents,	7305
for the filing of copies of federal income tax returns and	7306
determinations, and for computations reconciling federal income	7307
tax returns with the return required by section 5753.04 of the	7308
Revised Code. The tax commissioner may require a casino operator,	7309
by rule or by notice served on the casino operator, to keep	7310
records and other documents that the tax commissioner considers	7311
necessary to show the extent to which the casino operator is	7312
subject to this chapter. The records and other documents shall be	7313
open to inspection by the tax commissioner on demand, and shall be	7314
preserved for a period of four years unless the tax commissioner,	7315
in writing, consents to their destruction within that period, or	7316
by order served on the casino operator requires that they be kept	7317
longer. If the records are normally kept electronically by the	7318
casino operator, the casino operator shall provide the records to	7319
the tax commissioner electronically at the tax commissioner's	7320
request.	7321

Any information required by the tax commissioner under this	7322
section is confidential under section 5703.21 of the Revised Code.	7323

Section 2. That existing sections 101.70, 102.02, 102.03,	7324
109.572, 109.71, 109.77, 109.79, 121.60, 126.45, 1705.48, 2915.01,	7325
2915.02, 2915.08, 2915.09, 2915.091, 2915.101, 3793.02, 4301.355,	7326
4301.62, 4303.181, 4303.182, 4303.30, 5502.03, 5703.052, 5703.19,	7327
5703.21, 5703.70, and 5747.02 of the Revised Code are hereby	7328
repealed.	7329

Section 3. Except as otherwise provided in this act, all	7330
appropriation items in this act are appropriated out of moneys in	7331
the state treasury to the credit of the designated fund that are	7332
not otherwise appropriated. For all appropriations in this act,	7333
the amounts in the first column are for fiscal year 2010 and the	7334
amounts in the second column are for fiscal year 2011.	7335

Section 4. CAC CASINO CONTROL COMMISSION

7336

State Special Revenue	7337

5Hs0	955321		Casino Control - Operating		$	0		$	8,000,000		7338
TOTAL SSR State Special Revenue Fund Group					$	0		$	8,000,000		7339

Section 5. DEV DEPARTMENT OF DEVELOPMENT

7341

General Service Fund Group	7342

5AD0	195668		Workforce Guarantee Program		$	0		$	60,000,000		7343
TOTAL GSF General Services Fund Group					$	0		$	60,000,000		7344

State Special Revenue	7345

XXX	195xxx		Urban Workforce Initiative		$	0		$	70,000,000		7346
TOTAL SSR State Special Revenue Fund Group					$	0		$	70,000,000		7347

Should proceeds from license or application fees be available	7348
before June 30, 2010, the Director of Budget and Management may	7349
seek Controlling Board approval to establish such funds and	7350
appropriations as are necessary to carry out the provisions of	7351
this act. The Director of Budget and Management shall transfer	7352
$60,000,000 when it is available in the Economic Development	7353
Programs Fund (Fund XXXX) to the Unclaimed Funds Trust Fund (Fund	7354
5AD0).	7355

Section 6. IGO OFFICE OF THE INSPECTOR GENERAL

7356

State Special Revenue	7357

XXX	xxxxxx		Casino Investigations		$	0		$	100,000		7358
TOTAL SSR State Special Revenue Fund Group					$	0		$	100,000		7359

Section 7. ETH ETHICS COMMISSION

7361

State Special Revenue	7362

XXX	xxxxxx		Casino Investigations		$	0		$	100,000		7363
TOTAL SSR State Special Revenue Fund Group					$	0		$	100,000		7364

Section 8. BOR BOARD OF REGENTS

7366

State Special Revenue	7367

XXX	235xxx	Build Your Own Business Program	$	$	10,000,000	7368
XXX	235xxx	Co-Op/Internship Program	$	$	60,000,000	7369
TOTAL SSR State Special Revenue Fund Group			$	$	70,000,000	7370
TOTAL All BUDGET FUND GROUPS			$	$	208,200,000	7371

Section 8.10. BUILD YOUR OWN BUSINESS PROGRAM

7373

The foregoing appropriation item, 235xxx, Build Your Own	7374
Business Program, shall be used by the Chancellor of the Board of	7375
Regents, in consultation with the Director of Development, for the	7376
establishment and administration of the Build Your Own Business	7377
Program. Pursuant to the Build Your Own Business Program, the	7378
Chancellor shall administer a competitive process for making	7379
grants to Small Business Development Centers or participants in	7380
the Microenterprise Business Development Program, to provide micro	7381
loans, supportive services, and technical assistance for	7382
businesses that have been newly established by Ohioans who were	7383
unemployed immediately prior to establishing such business.	7384

The Chancellor shall issue a request for proposals setting	7385
forth criteria of the program to be offered by the selected Small	7386
Business Development Centers or the selected participants in the	7387
Microenterprise Business Development Program. As a prerequisite	7388
for eligibility, individuals must have completed an acceptable	7389
entrepreneurship education program at any state institution of	7390
higher education as defined in section 3345.011 of the Revised	7391
Code or career center.	7392

Section 8.20. CO-OP/INTERNSHIP PROGRAM

7393

The foregoing appropriation item, 235xxx, Co-op/Internship	7394
Program, shall be used by the Chancellor of the Board of Regents	7395
to operate the Co-op/Internship Program under sections 3333.71 to	7396
3333.80 of the Revised Code. Funding for eligible institutions	7397
shall be disbursed in accordance with the terms of the agreements	7398
entered into under section 3333.75 of the Revised Code.	7399

Section 9. The first return filed under section 5753.04 of	7400
the Revised Code shall reflect the tax period consisting of or	7401
beginning on the day on which operations of the casino facility	7402
commence.	7403

Section 10. The General Assembly, applying the principle	7404
stated in division (B) of section 1.52 of the Revised Code that	7405
amendments are to be harmonized if reasonably capable of	7406
simultaneous operation, finds that the following sections,	7407
presented in this act as composites of the sections as amended by	7408
the acts indicated, are the resulting versions of the sections in	7409
effect before the effective date of the sections as presented in	7410
this act:	7411

Section 109.572 of the Revised Code as amended by both Am.	7412
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	7413

Section 109.77 of the Revised Code as amended by both Am.	7414
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	7415

Section 4301.62 of the Revised Code as amended by both Am.	7416
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly.	7417