Am. Sub. H. B. No. 519 As Passed by the House

As Passed by the House

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 519

Representatives Yuko, Book

Cosponsors: Representatives Luckie, Celeste, Garland, Weddington, Driehaus, Boyd, DeBose, Foley, Harris, Letson, Mallory, Reece, Stewart, Szollosi, Williams, B., Winburn

A BILL

To amend sections 101.70, 102.02, 102.03, 109.32,

109.572, 109.71, 109.77, 109.79, 121.60, 1705.48,

2915.01, 2915.02, 2915.061, 2915.08, 2915.081,

2915.082, 2915.09, 2915.091, 2915.093, 2915.10,

2915.101, 2915.13, 3793.02, 4301.355, 4301.62,

4303.181, 4303.182, 4303.30, 5502.03, 5703.052,

5703.19, 5703.21, 5703.70, 5747.02, and 5747.98,

to enact sections 121.54, 122.014, 122.045,

122.09, 2915.083, 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, 3772.08, 3772.081,

3772.09, 3772.091, 3772.10, 3772.11, 3772.111,

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, and to

repeal section 2915.06 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, to

create an online small business resource center on

the Department of Development's internet web site,

to allow the Director of Development to compile a

report of companies with at least one hundred

employees that relocated outside Ohio in 2010, 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, 109.32,	29
109.572, 109.71, 109.77, 109.79, 121.60, 1705.48, 2915.01,	30
2915.02, 2915.061, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	31
2915.093, 2915.10, 2915.101, 2915.13, 3793.02, 4301.355, 4301.62,	32
4303.181, 4303.182, 4303.30, 5502.03, 5703.052, 5703.19, 5703.21,	33
5703.70, 5747.02, and 5747.98 be amended and sections 121.54,	34
122.014, 122.045, 122.09, 2915.083, 2915.14, 3517.1015, 3769.081,	35
3772.01, 3772.02, 3772.03, 3772.031, 3772.032, 3772.033, 3772.034,	36
3772.04, 3772.05, 3772.051, 3772.06, 3772.061, 3772.062, 3772.07,	37
3772.08, 3772.081, 3772.09, 3772.091, 3772.10, 3772.11, 3772.111,	38
3772.12, 3772.121, 3772.13, 3772.131, 3772.14, 3772.15, 3772.16,	39
3772.17, 3772.18, 3772.19, 3772.20, 3772.21, 3772.22, 3772.23,	40
3772.24, 3772.25, 3772.26, 3772.27, 3772.28, 3772.29, 3772.30,	41
3772.31, 3772.32, 3772.99, 3793.032, 5747.063, 5753.01, 5753.02,	42
5753.03, 5753.04, 5753.05, 5753.06, 5753.061, 5753.07, 5753.08,	43
5753.09, and 5753.10 of the Revised Code be enacted to read as	44
follows:	45

Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99	46
of the Revised Code:	47

(A) "Person" means any individual, partnership, trust,	48
estate, business trust, association, or corporation; any labor	49
organization or manufacturer association; any department,	50
commission, board, publicly supported college or university,	51
division, institution, bureau, or other instrumentality of the	52
state; or any county, township, municipal corporation, school	53
district, or other political subdivision of the state. "Person"	54
includes the Ohio casino control commission, a member of the	55
commission, the executive director of the commission, an employee	56
of the commission, and an agent of the commission.	57

(B) "Legislation" means bills, resolutions, amendments,	58
nominations, and any other matter pending before the general	59
assembly, any matter pending before the controlling board, or the	60
executive approval or veto of any bill acted upon by the general	61
assembly.	62

(C) "Compensation" means a salary, gift, payment, benefit,	63
subscription, loan, advance, reimbursement, or deposit of money or	64
anything of value; or a contract, promise, or agreement, whether	65
or not legally enforceable, to make compensation.	66

(D) "Expenditure" means any of the following that is made to,	67
at the request of, for the benefit of, or on behalf of any member	68
of the general assembly, any member of the controlling board, the	69
governor, the director of a department created under section	70
121.02 of the Revised Code, or any member of the staff of any	71
public officer or employee listed in this division:	72

(1) A payment, distribution, loan, advance, deposit,	73
reimbursement, or gift of money, real estate, or anything of	74
value, including, but not limited to, food and beverages,	75
entertainment, lodging, or transportation;	76

(2) A contract, promise, or agreement to make an expenditure,	77
whether or not legally enforceable;	78

(3) The purchase, sale, or gift of services or any other	79
thing of value.	80

"Expenditure" does not include a contribution, gift, or grant to a	81
foundation or other charitable organization that is exempt from	82
federal income taxation under subsection 501(c)(3) of the Internal	83
Revenue Code. "Expenditure" does not include the purchase, sale,	84
or gift of services or any other thing of value that is available	85
to the general public on the same terms as it is available to the	86
persons listed in this division, or an offer or sale of securities	87
to any person listed in this division that is governed by	88
regulation D, 17 C.F.R. ~~2301.501~~ 230.501 to ~~2301.508~~ 230.508,	89
adopted under the authority of the "Securities Act of 1933," 48	90
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	91
comparable provision under state law.	92

(E) "Actively advocate" means to promote, advocate, or oppose	93
the passage, modification, defeat, or executive approval or veto	94
of any legislation by direct communication with any member of the	95
general assembly, any member of the controlling board, the	96
governor, the director of any department listed in section 121.02	97
of the Revised Code, or any member of the staff of any public	98
officer or employee listed in this division. "Actively advocate"	99
does not include the action of any person not engaged by an	100
employer who has a direct interest in legislation if the person,	101
acting under Section 3 of Article I, Ohio Constitution, assembles	102
together with other persons to consult for their common good,	103
instructs a public officer or employee who is listed in this	104
division, or petitions that public officer or employee for the	105
redress of grievances.	106

(F) "Legislative agent" means any individual, except a member	107
of the general assembly, a member of the staff of the general	108
assembly, the governor, lieutenant governor, attorney general,	109
secretary of state, treasurer of state, or auditor of state, who	110
is engaged during at least a portion of ~~his~~the individual's time	111
to actively advocate as one of ~~his~~the individual's main purposes.	112
An individual engaged by the Ohio casino control commission, a	113
member of the commission, the executive director of the	114
commission, or an employee or agent of the commission to actively	115
advocate is a "legislative agent" even if the individual does not	116
during at least a portion of the individual's time actively	117
advocate as one of the individual's main purposes.	118

(G) "Employer" means any person who, directly or indirectly,	119
engages a legislative agent.	120

(H) "Engage" means to make any arrangement, and "engagement"	121
means any arrangement, whereby an individual is employed or	122
retained for compensation to act for or on behalf of an employer	123
to actively advocate.	124

(I) "Financial transaction" means a transaction or activity	125
that is conducted or undertaken for profit and arises from the	126
joint ownership or the ownership or part ownership in common of	127
any real or personal property or any commercial or business	128
enterprise of whatever form or nature between the following:	129

(1) A legislative agent, ~~his~~an employer of a legislative	130
agent, or a member of the immediate family of the legislative	131
agent or ~~his~~a legislative agent's employer; and	132

(2) Any member of the general assembly, any member of the	133
controlling board, the governor, the director of a department	134
created under section 121.02 of the Revised Code, or any member of	135
the staff of a public officer or employee listed in division	136
(I)(2) of this section.	137

"Financial transaction" does not include any transaction or	138
activity described in division (I) of this section if it is	139
available to the general public on the same terms, or if it is an	140
offer or sale of securities to any person listed in division	141
(I)(2) of this section that is governed by regulation D, 17 C.F.R.	142
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	143
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	144
following, or that is governed by a comparable provision under	145
state law.	146

(J) "Staff" means any state employee whose official duties	147
are to formulate policy and who exercises administrative or	148
supervisory authority or who authorizes the expenditure of state	149
funds.	150

Sec. 102.02. (A) Except as otherwise provided in division	151
(H) of this section, all of the following shall file with the	152
appropriate ethics commission the disclosure statement described	153
in this division on a form prescribed by the appropriate	154
commission: every person who is elected to or is a candidate for a	155
state, county, or city office and every person who is appointed to	156
fill a vacancy for an unexpired term in such an elective office;	157
all members of the state board of education; the director,	158
assistant directors, deputy directors, division chiefs, or persons	159
of equivalent rank of any administrative department of the state;	160
the president or other chief administrative officer of every state	161
institution of higher education as defined in section 3345.011 of	162
the Revised Code; the executive director and the members of the	163
capitol square review and advisory board appointed or employed	164
pursuant to section 105.41 of the Revised Code; all members of the	165
Ohio casino control commission, the executive director of the	166
commission, all professional employees of the commission, and all	167
technical employees of the commission who perform an internal	168
audit function; the chief executive officer and the members of the	169
board of each state retirement system; each employee of a state	170
retirement board who is a state retirement system investment	171
officer licensed pursuant to section 1707.163 of the Revised Code;	172
the members of the Ohio retirement study council appointed	173
pursuant to division (C) of section 171.01 of the Revised Code;	174
employees of the Ohio retirement study council, other than	175
employees who perform purely administrative or clerical functions;	176
the administrator of workers' compensation and each member of the	177
bureau of workers' compensation board of directors; the bureau of	178
workers' compensation director of investments; the chief	179
investment officer of the bureau of workers' compensation; the	180
director appointed by the workers' compensation council; all	181
members of the board of commissioners on grievances and discipline	182
of the supreme court and the ethics commission created under	183
section 102.05 of the Revised Code; every business manager,	184
treasurer, or superintendent of a city, local, exempted village,	185
joint vocational, or cooperative education school district or an	186
educational service center; every person who is elected to or is a	187
candidate for the office of member of a board of education of a	188
city, local, exempted village, joint vocational, or cooperative	189
education school district or of a governing board of an	190
educational service center that has a total student count of	191
twelve thousand or more as most recently determined by the	192
department of education pursuant to section 3317.03 of the Revised	193
Code; every person who is appointed to the board of education of a	194
municipal school district pursuant to division (B) or (F) of	195
section 3311.71 of the Revised Code; all members of the board of	196
directors of a sanitary district that is established under Chapter	197
6115. of the Revised Code and organized wholly for the purpose of	198
providing a water supply for domestic, municipal, and public use,	199
and that includes two municipal corporations in two counties;	200
every public official or employee who is paid a salary or wage in	201
accordance with schedule C of section 124.15 or schedule E-2 of	202
section 124.152 of the Revised Code; members of the board of	203
trustees and the executive director of the southern Ohio	204
agricultural and community development foundation; all members	205
appointed to the Ohio livestock care standards board under section	206
904.02 of the Revised Code; and every other public official or	207
employee who is designated by the appropriate ethics commission	208
pursuant to division (B) of this section.	209

The disclosure statement shall include all of the following:

210

(1) The name of the person filing the statement and each	211
member of the person's immediate family and all names under which	212
the person or members of the person's immediate family do	213
business;	214

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	215
and except as otherwise provided in section 102.022 of the Revised	216
Code, identification of every source of income, other than income	217
from a legislative agent identified in division (A)(2)(b) of this	218
section, received during the preceding calendar year, in the	219
person's own name or by any other person for the person's use or	220
benefit, by the person filing the statement, and a brief	221
description of the nature of the services for which the income was	222
received. If the person filing the statement is a member of the	223
general assembly, the statement shall identify the amount of every	224
source of income received in accordance with the following ranges	225
of amounts: zero or more, but less than one thousand dollars; one	226
thousand dollars or more, but less than ten thousand dollars; ten	227
thousand dollars or more, but less than twenty-five thousand	228
dollars; twenty-five thousand dollars or more, but less than fifty	229
thousand dollars; fifty thousand dollars or more, but less than	230
one hundred thousand dollars; and one hundred thousand dollars or	231
more. Division (A)(2)(a) of this section shall not be construed to	232
require a person filing the statement who derives income from a	233
business or profession to disclose the individual items of income	234
that constitute the gross income of that business or profession,	235
except for those individual items of income that are attributable	236
to the person's or, if the income is shared with the person, the	237
partner's, solicitation of services or goods or performance,	238
arrangement, or facilitation of services or provision of goods on	239
behalf of the business or profession of clients, including	240
corporate clients, who are legislative agents. A person who files	241
the statement under this section shall disclose the identity of	242
and the amount of income received from a person who the public	243
official or employee knows or has reason to know is doing or	244
seeking to do business of any kind with the public official's or	245
employee's agency.	246

(b) If the person filing the statement is a member of the	247
general assembly, the statement shall identify every source of	248
income and the amount of that income that was received from a	249
legislative agent during the preceding calendar year, in the	250
person's own name or by any other person for the person's use or	251
benefit, by the person filing the statement, and a brief	252
description of the nature of the services for which the income was	253
received. Division (A)(2)(b) of this section requires the	254
disclosure of clients of attorneys or persons licensed under	255
section 4732.12 of the Revised Code, or patients of persons	256
certified under section 4731.14 of the Revised Code, if those	257
clients or patients are legislative agents. Division (A)(2)(b) of	258
this section requires a person filing the statement who derives	259
income from a business or profession to disclose those individual	260
items of income that constitute the gross income of that business	261
or profession that are received from legislative agents.	262

(c) Except as otherwise provided in division (A)(2)(c) of	263
this section, division (A)(2)(a) of this section applies to	264
attorneys, physicians, and other persons who engage in the	265
practice of a profession and who, pursuant to a section of the	266
Revised Code, the common law of this state, a code of ethics	267
applicable to the profession, or otherwise, generally are required	268
not to reveal, disclose, or use confidences of clients, patients,	269
or other recipients of professional services except under	270
specified circumstances or generally are required to maintain	271
those types of confidences as privileged communications except	272
under specified circumstances. Division (A)(2)(a) of this section	273
does not require an attorney, physician, or other professional	274
subject to a confidentiality requirement as described in division	275
(A)(2)(c) of this section to disclose the name, other identity, or	276
address of a client, patient, or other recipient of professional	277
services if the disclosure would threaten the client, patient, or	278
other recipient of professional services, would reveal details of	279
the subject matter for which legal, medical, or professional	280
advice or other services were sought, or would reveal an otherwise	281
privileged communication involving the client, patient, or other	282
recipient of professional services. Division (A)(2)(a) of this	283
section does not require an attorney, physician, or other	284
professional subject to a confidentiality requirement as described	285
in division (A)(2)(c) of this section to disclose in the brief	286
description of the nature of services required by division	287
(A)(2)(a) of this section any information pertaining to specific	288
professional services rendered for a client, patient, or other	289
recipient of professional services that would reveal details of	290
the subject matter for which legal, medical, or professional	291
advice was sought or would reveal an otherwise privileged	292
communication involving the client, patient, or other recipient of	293
professional services.	294

(3) The name of every corporation on file with the secretary	295
of state that is incorporated in this state or holds a certificate	296
of compliance authorizing it to do business in this state, trust,	297
business trust, partnership, or association that transacts	298
business in this state in which the person filing the statement or	299
any other person for the person's use and benefit had during the	300
preceding calendar year an investment of over one thousand dollars	301
at fair market value as of the thirty-first day of December of the	302
preceding calendar year, or the date of disposition, whichever is	303
earlier, or in which the person holds any office or has a	304
fiduciary relationship, and a description of the nature of the	305
investment, office, or relationship. Division (A)(3) of this	306
section does not require disclosure of the name of any bank,	307
savings and loan association, credit union, or building and loan	308
association with which the person filing the statement has a	309
deposit or a withdrawable share account.	310

(4) All fee simple and leasehold interests to which the	311
person filing the statement holds legal title to or a beneficial	312
interest in real property located within the state, excluding the	313
person's residence and property used primarily for personal	314
recreation;	315

(5) The names of all persons residing or transacting business	316
in the state to whom the person filing the statement owes, in the	317
person's own name or in the name of any other person, more than	318
one thousand dollars. Division (A)(5) of this section shall not be	319
construed to require the disclosure of debts owed by the person	320
resulting from the ordinary conduct of a business or profession or	321
debts on the person's residence or real property used primarily	322
for personal recreation, except that the superintendent of	323
financial institutions shall disclose the names of all	324
state-chartered savings and loan associations and of all service	325
corporations subject to regulation under division (E)(2) of	326
section 1151.34 of the Revised Code to whom the superintendent in	327
the superintendent's own name or in the name of any other person	328
owes any money, and that the superintendent and any deputy	329
superintendent of banks shall disclose the names of all	330
state-chartered banks and all bank subsidiary corporations subject	331
to regulation under section 1109.44 of the Revised Code to whom	332
the superintendent or deputy superintendent owes any money.	333

(6) The names of all persons residing or transacting business	334
in the state, other than a depository excluded under division	335
(A)(3) of this section, who owe more than one thousand dollars to	336
the person filing the statement, either in the person's own name	337
or to any person for the person's use or benefit. Division (A)(6)	338
of this section shall not be construed to require the disclosure	339
of clients of attorneys or persons licensed under section 4732.12	340
or 4732.15 of the Revised Code, or patients of persons certified	341
under section 4731.14 of the Revised Code, nor the disclosure of	342
debts owed to the person resulting from the ordinary conduct of a	343
business or profession.	344

(7) Except as otherwise provided in section 102.022 of the	345
Revised Code, the source of each gift of over seventy-five	346
dollars, or of each gift of over twenty-five dollars received by a	347
member of the general assembly from a legislative agent, received	348
by the person in the person's own name or by any other person for	349
the person's use or benefit during the preceding calendar year,	350
except gifts received by will or by virtue of section 2105.06 of	351
the Revised Code, or received from spouses, parents, grandparents,	352
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	353
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	354
fathers-in-law, mothers-in-law, or any person to whom the person	355
filing the statement stands in loco parentis, or received by way	356
of distribution from any inter vivos or testamentary trust	357
established by a spouse or by an ancestor;	358

(8) Except as otherwise provided in section 102.022 of the	359
Revised Code, identification of the source and amount of every	360
payment of expenses incurred for travel to destinations inside or	361
outside this state that is received by the person in the person's	362
own name or by any other person for the person's use or benefit	363
and that is incurred in connection with the person's official	364
duties, except for expenses for travel to meetings or conventions	365
of a national or state organization to which any state agency,	366
including, but not limited to, any legislative agency or state	367
institution of higher education as defined in section 3345.011 of	368
the Revised Code, pays membership dues, or any political	369
subdivision or any office or agency of a political subdivision	370
pays membership dues;	371

(9) Except as otherwise provided in section 102.022 of the	372
Revised Code, identification of the source of payment of expenses	373
for meals and other food and beverages, other than for meals and	374
other food and beverages provided at a meeting at which the person	375
participated in a panel, seminar, or speaking engagement or at a	376
meeting or convention of a national or state organization to which	377
any state agency, including, but not limited to, any legislative	378
agency or state institution of higher education as defined in	379
section 3345.011 of the Revised Code, pays membership dues, or any	380
political subdivision or any office or agency of a political	381
subdivision pays membership dues, that are incurred in connection	382
with the person's official duties and that exceed one hundred	383
dollars aggregated per calendar year;	384

(10) If the disclosure statement is filed by a public	385
official or employee described in division (B)(2) of section	386
101.73 of the Revised Code or division (B)(2) of section 121.63 of	387
the Revised Code who receives a statement from a legislative	388
agent, executive agency lobbyist, or employer that contains the	389
information described in division (F)(2) of section 101.73 of the	390
Revised Code or division (G)(2) of section 121.63 of the Revised	391
Code, all of the nondisputed information contained in the	392
statement delivered to that public official or employee by the	393
legislative agent, executive agency lobbyist, or employer under	394
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	395
the Revised Code.	396

A person may file a statement required by this section in	397
person or by mail. A person who is a candidate for elective office	398
shall file the statement no later than the thirtieth day before	399
the primary, special, or general election at which the candidacy	400
is to be voted on, whichever election occurs soonest, except that	401
a person who is a write-in candidate shall file the statement no	402
later than the twentieth day before the earliest election at which	403
the person's candidacy is to be voted on. A person who holds	404
elective office shall file the statement on or before the	405
fifteenth day of April of each year unless the person is a	406
candidate for office. A person who is appointed to fill a vacancy	407
for an unexpired term in an elective office shall file the	408
statement within fifteen days after the person qualifies for	409
office. Other persons shall file an annual statement on or before	410
the fifteenth day of April or, if appointed or employed after that	411
date, within ninety days after appointment or employment. No	412
person shall be required to file with the appropriate ethics	413
commission more than one statement or pay more than one filing fee	414
for any one calendar year.	415

The appropriate ethics commission, for good cause, may extend	416
for a reasonable time the deadline for filing a statement under	417
this section.	418

A statement filed under this section is subject to public	419
inspection at locations designated by the appropriate ethics	420
commission except as otherwise provided in this section.	421

(B) The Ohio ethics commission, the joint legislative ethics	422
committee, and the board of commissioners on grievances and	423
discipline of the supreme court, using the rule-making procedures	424
of Chapter 119. of the Revised Code, may require any class of	425
public officials or employees under its jurisdiction and not	426
specifically excluded by this section whose positions involve a	427
substantial and material exercise of administrative discretion in	428
the formulation of public policy, expenditure of public funds,	429
enforcement of laws and rules of the state or a county or city, or	430
the execution of other public trusts, to file an annual statement	431
on or before the fifteenth day of April under division (A) of this	432
section. The appropriate ethics commission shall send the public	433
officials or employees written notice of the requirement by the	434
fifteenth day of February of each year the filing is required	435
unless the public official or employee is appointed after that	436
date, in which case the notice shall be sent within thirty days	437
after appointment, and the filing shall be made not later than	438
ninety days after appointment.	439

Except for disclosure statements filed by members of the	440
board of trustees and the executive director of the southern Ohio	441
agricultural and community development foundation, disclosure	442
statements filed under this division with the Ohio ethics	443
commission by members of boards, commissions, or bureaus of the	444
state for which no compensation is received other than reasonable	445
and necessary expenses shall be kept confidential. Disclosure	446
statements filed with the Ohio ethics commission under division	447
(A) of this section by business managers, treasurers, and	448
superintendents of city, local, exempted village, joint	449
vocational, or cooperative education school districts or	450
educational service centers shall be kept confidential, except	451
that any person conducting an audit of any such school district or	452
educational service center pursuant to section 115.56 or Chapter	453
117. of the Revised Code may examine the disclosure statement of	454
any business manager, treasurer, or superintendent of that school	455
district or educational service center. The Ohio ethics commission	456
shall examine each disclosure statement required to be kept	457
confidential to determine whether a potential conflict of interest	458
exists for the person who filed the disclosure statement. A	459
potential conflict of interest exists if the private interests of	460
the person, as indicated by the person's disclosure statement,	461
might interfere with the public interests the person is required	462
to serve in the exercise of the person's authority and duties in	463
the person's office or position of employment. If the commission	464
determines that a potential conflict of interest exists, it shall	465
notify the person who filed the disclosure statement and shall	466
make the portions of the disclosure statement that indicate a	467
potential conflict of interest subject to public inspection in the	468
same manner as is provided for other disclosure statements. Any	469
portion of the disclosure statement that the commission determines	470
does not indicate a potential conflict of interest shall be kept	471
confidential by the commission and shall not be made subject to	472
public inspection, except as is necessary for the enforcement of	473
Chapters 102. and 2921. of the Revised Code and except as	474
otherwise provided in this division.	475

(C) No person shall knowingly fail to file, on or before the	476
applicable filing deadline established under this section, a	477
statement that is required by this section.	478

(D) No person shall knowingly file a false statement that is	479
required to be filed under this section.	480

(E)(1) Except as provided in divisions (E)(2) and (3) of this	481
section, the statement required by division (A) or (B) of this	482
section shall be accompanied by a filing fee of forty dollars.	483

(2) The statement required by division (A) of this section	484
shall be accompanied by the following filing fee to be paid by the	485
person who is elected or appointed to, or is a candidate for, any	486
of the following offices:	487

For state office, except member of the		488
state board of education	$65	489
For office of member of general assembly	$40	490
For county office	$40	491
For city office	$25	492
For office of member of the state board		493
of education	$25	494
For office of member of the Ohio		495
livestock care standards board	$25	496
For office of member of a city, local,		497
exempted village, or cooperative		498
education board of		499
education or educational service		500
center governing board	$20	501
For position of business manager,		502
treasurer, or superintendent of a		503
city, local, exempted village, joint		504
vocational, or cooperative education		505
school district or		506
educational service center	$20	507

(3) No judge of a court of record or candidate for judge of a	508
court of record, and no referee or magistrate serving a court of	509
record, shall be required to pay the fee required under division	510
(E)(1) or (2) or (F) of this section.	511

(4) For any public official who is appointed to a nonelective	512
office of the state and for any employee who holds a nonelective	513
position in a public agency of the state, the state agency that is	514
the primary employer of the state official or employee shall pay	515
the fee required under division (E)(1) or (F) of this section.	516

(F) If a statement required to be filed under this section is	517
not filed by the date on which it is required to be filed, the	518
appropriate ethics commission shall assess the person required to	519
file the statement a late filing fee of ten dollars for each day	520
the statement is not filed, except that the total amount of the	521
late filing fee shall not exceed two hundred fifty dollars.	522

(G)(1) The appropriate ethics commission other than the Ohio	523
ethics commission and the joint legislative ethics committee shall	524
deposit all fees it receives under divisions (E) and (F) of this	525
section into the general revenue fund of the state.	526

(2) The Ohio ethics commission shall deposit all receipts,	527
including, but not limited to, fees it receives under divisions	528
(E) and (F) of this section and all moneys it receives from	529
settlements under division (G) of section 102.06 of the Revised	530
Code, into the Ohio ethics commission fund, which is hereby	531
created in the state treasury. All moneys credited to the fund	532
shall be used solely for expenses related to the operation and	533
statutory functions of the commission.	534

(3) The joint legislative ethics committee shall deposit all	535
receipts it receives from the payment of financial disclosure	536
statement filing fees under divisions (E) and (F) of this section	537
into the joint legislative ethics committee investigative fund.	538

(H) Division (A) of this section does not apply to a person	539
elected or appointed to the office of precinct, ward, or district	540
committee member under Chapter 3517. of the Revised Code; a	541
presidential elector; a delegate to a national convention; village	542
or township officials and employees; any physician or psychiatrist	543
who is paid a salary or wage in accordance with schedule C of	544
section 124.15 or schedule E-2 of section 124.152 of the Revised	545
Code and whose primary duties do not require the exercise of	546
administrative discretion; or any member of a board, commission,	547
or bureau of any county or city who receives less than one	548
thousand dollars per year for serving in that position.	549

Sec. 102.03. (A)(1) No present or former public official or	550
employee shall, during public employment or service or for twelve	551
months thereafter, represent a client or act in a representative	552
capacity for any person on any matter in which the public official	553
or employee personally participated as a public official or	554
employee through decision, approval, disapproval, recommendation,	555
the rendering of advice, investigation, or other substantial	556
exercise of administrative discretion.	557

(2) For twenty-four months after the conclusion of service,	558
no former commissioner or attorney examiner of the public	559
utilities commission shall represent a public utility, as defined	560
in section 4905.02 of the Revised Code, or act in a representative	561
capacity on behalf of such a utility before any state board,	562
commission, or agency.	563

(3) For twenty-four months after the conclusion of employment	564
or service, no former public official or employee who personally	565
participated as a public official or employee through decision,	566
approval, disapproval, recommendation, the rendering of advice,	567
the development or adoption of solid waste management plans,	568
investigation, inspection, or other substantial exercise of	569
administrative discretion under Chapter 343. or 3734. of the	570
Revised Code shall represent a person who is the owner or operator	571
of a facility, as defined in section 3734.01 of the Revised Code,	572
or who is an applicant for a permit or license for a facility	573
under that chapter, on any matter in which the public official or	574
employee personally participated as a public official or employee.	575

(4) For a period of one year after the conclusion of	576
employment or service as a member or employee of the general	577
assembly, no former member or employee of the general assembly	578
shall represent, or act in a representative capacity for, any	579
person on any matter before the general assembly, any committee of	580
the general assembly, or the controlling board. Division (A)(4) of	581
this section does not apply to or affect a person who separates	582
from service with the general assembly on or before December 31,	583
1995. As used in division (A)(4) of this section "person" does not	584
include any state agency or political subdivision of the state.	585

(5) As used in divisions (A)(1), (2), and (3) of this	586
section, "matter" includes any case, proceeding, application,	587
determination, issue, or question, but does not include the	588
proposal, consideration, or enactment of statutes, rules,	589
ordinances, resolutions, or charter or constitutional amendments.	590
As used in division (A)(4) of this section, "matter" includes the	591
proposal, consideration, or enactment of statutes, resolutions, or	592
constitutional amendments. As used in division (A) of this	593
section, "represent" includes any formal or informal appearance	594
before, or any written or oral communication with, any public	595
agency on behalf of any person.	596

(6) Nothing contained in division (A) of this section shall	597
prohibit, during such period, a former public official or employee	598
from being retained or employed to represent, assist, or act in a	599
representative capacity for the public agency by which the public	600
official or employee was employed or on which the public official	601
or employee served.	602

(7) Division (A) of this section shall not be construed to	603
prohibit the performance of ministerial functions, including, but	604
not limited to, the filing or amendment of tax returns,	605
applications for permits and licenses, incorporation papers, and	606
other similar documents.	607

(8) No present or former Ohio casino control commission	608
official shall, during public service or for twelve months	609
thereafter, represent a client, be employed or compensated by a	610
person regulated by the commission, or act in a representative	611
capacity for any person on any matter before or concerning the	612
commission.	613

No present or former commission employee shall, during public	614
employment or for twelve months thereafter, represent a client or	615
act in a representative capacity on any matter in which the	616
employee personally participated as a commission employee through	617
decision, approval, disapproval, recommendation, the rendering of	618
advice, investigation, or other substantial exercise of	619
administrative discretion.	620

(B) No present or former public official or employee shall	621
disclose or use, without appropriate authorization, any	622
information acquired by the public official or employee in the	623
course of the public official's or employee's official duties that	624
is confidential because of statutory provisions, or that has been	625
clearly designated to the public official or employee as	626
confidential when that confidential designation is warranted	627
because of the status of the proceedings or the circumstances	628
under which the information was received and preserving its	629
confidentiality is necessary to the proper conduct of government	630
business.	631

(C) No public official or employee shall participate within	632
the scope of duties as a public official or employee, except	633
through ministerial functions as defined in division (A) of this	634
section, in any license or rate-making proceeding that directly	635
affects the license or rates of any person, partnership, trust,	636
business trust, corporation, or association in which the public	637
official or employee or immediate family owns or controls more	638
than five per cent. No public official or employee shall	639
participate within the scope of duties as a public official or	640
employee, except through ministerial functions as defined in	641
division (A) of this section, in any license or rate-making	642
proceeding that directly affects the license or rates of any	643
person to whom the public official or employee or immediate	644
family, or a partnership, trust, business trust, corporation, or	645
association of which the public official or employee or the public	646
official's or employee's immediate family owns or controls more	647
than five per cent, has sold goods or services totaling more than	648
one thousand dollars during the preceding year, unless the public	649
official or employee has filed a written statement acknowledging	650
that sale with the clerk or secretary of the public agency and the	651
statement is entered in any public record of the agency's	652
proceedings. This division shall not be construed to require the	653
disclosure of clients of attorneys or persons licensed under	654
section 4732.12 or 4732.15 of the Revised Code, or patients of	655
persons certified under section 4731.14 of the Revised Code.	656

(D) No public official or employee shall use or authorize the	657
use of the authority or influence of office or employment to	658
secure anything of value or the promise or offer of anything of	659
value that is of such a character as to manifest a substantial and	660
improper influence upon the public official or employee with	661
respect to that person's duties.	662

(E) No public official or employee shall solicit or accept	663
anything of value that is of such a character as to manifest a	664
substantial and improper influence upon the public official or	665
employee with respect to that person's duties.	666

(F) No person shall promise or give to a public official or	667
employee anything of value that is of such a character as to	668
manifest a substantial and improper influence upon the public	669
official or employee with respect to that person's duties.	670

(G) In the absence of bribery or another offense under the	671
Revised Code or a purpose to defraud, contributions made to a	672
campaign committee, political party, legislative campaign fund,	673
political action committee, or political contributing entity on	674
behalf of an elected public officer or other public official or	675
employee who seeks elective office shall be considered to accrue	676
ordinarily to the public official or employee for the purposes of	677
divisions (D), (E), and (F) of this section.	678

As used in this division, "contributions," "campaign	679
committee," "political party," "legislative campaign fund,"	680
"political action committee," and "political contributing entity"	681
have the same meanings as in section 3517.01 of the Revised Code.	682

(H)(1) No public official or employee, except for the	683
president or other chief administrative officer of or a member of	684
a board of trustees of a state institution of higher education as	685
defined in section 3345.011 of the Revised Code, who is required	686
to file a financial disclosure statement under section 102.02 of	687
the Revised Code shall solicit or accept, and no person shall give	688
to that public official or employee, an honorarium. Except as	689
provided in division (H)(2) of this section, this division and	690
divisions (D), (E), and (F) of this section do not prohibit a	691
public official or employee who is required to file a financial	692
disclosure statement under section 102.02 of the Revised Code from	693
accepting and do not prohibit a person from giving to that public	694
official or employee the payment of actual travel expenses,	695
including any expenses incurred in connection with the travel for	696
lodging, and meals, food, and beverages provided to the public	697
official or employee at a meeting at which the public official or	698
employee participates in a panel, seminar, or speaking engagement	699
or provided to the public official or employee at a meeting or	700
convention of a national organization to which any state agency,	701
including, but not limited to, any state legislative agency or	702
state institution of higher education as defined in section	703
3345.011 of the Revised Code, pays membership dues. Except as	704
provided in division (H)(2) of this section, this division and	705
divisions (D), (E), and (F) of this section do not prohibit a	706
public official or employee who is not required to file a	707
financial disclosure statement under section 102.02 of the Revised	708
Code from accepting and do not prohibit a person from promising or	709
giving to that public official or employee an honorarium or the	710
payment of travel, meal, and lodging expenses if the honorarium,	711
expenses, or both were paid in recognition of demonstrable	712
business, professional, or esthetic interests of the public	713
official or employee that exist apart from public office or	714
employment, including, but not limited to, such a demonstrable	715
interest in public speaking and were not paid by any person or	716
other entity, or by any representative or association of those	717
persons or entities, that is regulated by, doing business with, or	718
seeking to do business with the department, division, institution,	719
board, commission, authority, bureau, or other instrumentality of	720
the governmental entity with which the public official or employee	721
serves.	722

(2) No person who is a member of the board of a state	723
retirement system, a state retirement system investment officer,	724
or an employee of a state retirement system whose position	725
involves substantial and material exercise of discretion in the	726
investment of retirement system funds shall solicit or accept, and	727
no person shall give to that board member, officer, or employee,	728
payment of actual travel expenses, including expenses incurred	729
with the travel for lodging, meals, food, and beverages.	730

(I) A public official or employee may accept travel, meals,	731
and lodging or expenses or reimbursement of expenses for travel,	732
meals, and lodging in connection with conferences, seminars, and	733
similar events related to official duties if the travel, meals,	734
and lodging, expenses, or reimbursement is not of such a character	735
as to manifest a substantial and improper influence upon the	736
public official or employee with respect to that person's duties.	737
The house of representatives and senate, in their code of ethics,	738
and the Ohio ethics commission, under section 111.15 of the	739
Revised Code, may adopt rules setting standards and conditions for	740
the furnishing and acceptance of such travel, meals, and lodging,	741
expenses, or reimbursement.	742

A person who acts in compliance with this division and any	743
applicable rules adopted under it, or any applicable, similar	744
rules adopted by the supreme court governing judicial officers and	745
employees, does not violate division (D), (E), or (F) of this	746
section. This division does not preclude any person from seeking	747
an advisory opinion from the appropriate ethics commission under	748
section 102.08 of the Revised Code.	749

(J) For purposes of divisions (D), (E), and (F) of this	750
section, the membership of a public official or employee in an	751
organization shall not be considered, in and of itself, to be of	752
such a character as to manifest a substantial and improper	753
influence on the public official or employee with respect to that	754
person's duties. As used in this division, "organization" means a	755
church or a religious, benevolent, fraternal, or professional	756
organization that is tax exempt under subsection 501(a) and	757
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	758
"Internal Revenue Code of 1986." This division does not apply to a	759
public official or employee who is an employee of an organization,	760
serves as a trustee, director, or officer of an organization, or	761
otherwise holds a fiduciary relationship with an organization.	762
This division does not allow a public official or employee who is	763
a member of an organization to participate, formally or	764
informally, in deliberations, discussions, or voting on a matter	765
or to use his official position with regard to the interests of	766
the organization on the matter if the public official or employee	767
has assumed a particular responsibility in the organization with	768
respect to the matter or if the matter would affect that person's	769
personal, pecuniary interests.	770

(K) It is not a violation of this section for a prosecuting	771
attorney to appoint assistants and employees in accordance with	772
division (B) of section 309.06 and section 2921.421 of the Revised	773
Code, for a chief legal officer of a municipal corporation or an	774
official designated as prosecutor in a municipal corporation to	775
appoint assistants and employees in accordance with sections	776
733.621 and 2921.421 of the Revised Code, for a township law	777
director appointed under section 504.15 of the Revised Code to	778
appoint assistants and employees in accordance with sections	779
504.151 and 2921.421 of the Revised Code, or for a coroner to	780
appoint assistants and employees in accordance with division (B)	781
of section 313.05 of the Revised Code.	782

As used in this division, "chief legal officer" has the same	783
meaning as in section 733.621 of the Revised Code.	784

(L) No present public official or employee with a casino	785
gaming regulatory function shall indirectly invest, by way of an	786
entity the public official or employee has an ownership interest	787
or control in, or directly invest in a casino operator, management	788
company, holding company, casino facility, or gaming-related	789
vendor. No present public official or employee with a casino	790
gaming regulatory function shall directly or indirectly have a	791
financial interest in, have an ownership interest in, be the	792
creditor or hold a debt instrument issued by, or have an interest	793
in a contractual or service relationship with a casino operator,	794
management company, holding company, casino facility, or	795
gaming-related vendor. This section does not prohibit or limit	796
permitted passive investing by the public official or employee.	797

As used in this division, "passive investing" means	798
investment by the public official or employee by means of a mutual	799
fund in which the public official or employee has no control of	800
the investments or investment decisions. "Casino operator,"	801
"holding company," "management company," "casino facility," and	802
"gaming-related vendor" have the same meanings as in section	803
3772.01 of the Revised Code.	804

(M) A member of the Ohio casino control commission, the	805
executive director of the commission, or an employee of the	806
commission shall not:	807

(1) Accept anything of value, including but not limited to a	808
gift, gratuity, emolument, or employment from a casino operator,	809
management company, or other person subject to the jurisdiction of	810
the commission, or from an officer, attorney, agent, or employee	811
of a casino operator, management company, or other person subject	812
to the jurisdiction of the commission;	813

(2) Solicit, suggest, request, or recommend, directly or	814
indirectly, to a casino operator, management company, or other	815
person subject to the jurisdiction of the commission, or to an	816
officer, attorney, agent, or employee of a casino operator,	817
management company, or other person subject to the jurisdiction of	818
the commission, the appointment of a person to an office, place,	819
position, or employment;	820

(3) Participate in casino gaming or any other amusement or	821
activity at a casino facility in this state or at an affiliate	822
gaming facility of a licensed casino operator, wherever located.	823

In addition to the penalty provided in section 102.99 of the	824
Revised Code, whoever violates division (M)(1), (2), or (3) of	825
this section forfeits the individual's office or employment.	826

Sec. 109.32. All annual filing fees obtained by the attorney	827
general pursuant to section 109.31 of the Revised Code, all	828
receipts obtained from the sale of the charitable foundations	829
directory, all registration fees received by the attorney general,	830
bond forfeitures, awards of costs and attorney's fees, and civil	831
penalties assessed under Chapter 1716. of the Revised Code, and	832
all license fees received by the attorney general under section	833
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code	834
shall be paid into the state treasury to the credit of the	835
charitable law fund. The charitable law fund shall be used insofar	836
as its moneys are available for the expenses of the charitable law	837
section of the office of the attorney general, except that all	838
annual license fees that are received by the attorney general	839
under section 2915.08, 2915.081, or 2915.082, or 2915.083 of the	840
Revised Code and that are credited to the fund shall be used by	841
the attorney general, or any law enforcement agency in cooperation	842
with the attorney general, for the purposes specified in division	843
~~(H)~~(I) of section 2915.10 of the Revised Code and to administer	844
and enforce Chapter 2915. of the Revised Code. The expenses of the	845
charitable law section in excess of moneys available in the	846
charitable law fund shall be paid out of regular appropriations to	847
the office of the attorney general.	848

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	849
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	850
a completed form prescribed pursuant to division (C)(1) of this	851
section, and a set of fingerprint impressions obtained in the	852
manner described in division (C)(2) of this section, the	853
superintendent of the bureau of criminal identification and	854
investigation shall conduct a criminal records check in the manner	855
described in division (B) of this section to determine whether any	856
information exists that indicates that the person who is the	857
subject of the request previously has been convicted of or pleaded	858
guilty to any of the following:	859

(a) A violation of section 2903.01, 2903.02, 2903.03,	860
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	861
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	862
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	863
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	864
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	865
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	866
2925.06, or 3716.11 of the Revised Code, felonious sexual	867
penetration in violation of former section 2907.12 of the Revised	868
Code, a violation of section 2905.04 of the Revised Code as it	869
existed prior to July 1, 1996, a violation of section 2919.23 of	870
the Revised Code that would have been a violation of section	871
2905.04 of the Revised Code as it existed prior to July 1, 1996,	872
had the violation been committed prior to that date, or a	873
violation of section 2925.11 of the Revised Code that is not a	874
minor drug possession offense;	875

(b) A violation of an existing or former law of this state,	876
any other state, or the United States that is substantially	877
equivalent to any of the offenses listed in division (A)(1)(a) of	878
this section.	879

(2) On receipt of a request pursuant to section 5123.081 of	880
the Revised Code with respect to an applicant for employment in	881
any position with the department of developmental disabilities,	882
pursuant to section 5126.28 of the Revised Code with respect to an	883
applicant for employment in any position with a county board of	884
developmental disabilities, or pursuant to section 5126.281 of the	885
Revised Code with respect to an applicant for employment in a	886
direct services position with an entity contracting with a county	887
board for employment, a completed form prescribed pursuant to	888
division (C)(1) of this section, and a set of fingerprint	889
impressions obtained in the manner described in division (C)(2) of	890
this section, the superintendent of the bureau of criminal	891
identification and investigation shall conduct a criminal records	892
check. The superintendent shall conduct the criminal records check	893
in the manner described in division (B) of this section to	894
determine whether any information exists that indicates that the	895
person who is the subject of the request has been convicted of or	896
pleaded guilty to any of the following:	897

(a) A violation of section 2903.01, 2903.02, 2903.03,	898
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	899
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	900
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	901
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	902
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	903
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	904
2925.03, or 3716.11 of the Revised Code;	905

(b) An existing or former municipal ordinance or law of this	906
state, any other state, or the United States that is substantially	907
equivalent to any of the offenses listed in division (A)(2)(a) of	908
this section.	909

(3) On receipt of a request pursuant to section 173.27,	910
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	911
completed form prescribed pursuant to division (C)(1) of this	912
section, and a set of fingerprint impressions obtained in the	913
manner described in division (C)(2) of this section, the	914
superintendent of the bureau of criminal identification and	915
investigation shall conduct a criminal records check with respect	916
to any person who has applied for employment in a position for	917
which a criminal records check is required by those sections. The	918
superintendent shall conduct the criminal records check in the	919
manner described in division (B) of this section to determine	920
whether any information exists that indicates that the person who	921
is the subject of the request previously has been convicted of or	922
pleaded guilty to any of the following:	923

(a) A violation of section 2903.01, 2903.02, 2903.03,	924
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	925
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	926
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	927
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	928
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	929
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	930
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	931
2925.22, 2925.23, or 3716.11 of the Revised Code;	932

(b) An existing or former law of this state, any other state,	933
or the United States that is substantially equivalent to any of	934
the offenses listed in division (A)(3)(a) of this section.	935

(4) On receipt of a request pursuant to section 3701.881 of	936
the Revised Code with respect to an applicant for employment with	937
a home health agency as a person responsible for the care,	938
custody, or control of a child, a completed form prescribed	939
pursuant to division (C)(1) of this section, and a set of	940
fingerprint impressions obtained in the manner described in	941
division (C)(2) of this section, the superintendent of the bureau	942
of criminal identification and investigation shall conduct a	943
criminal records check. The superintendent shall conduct the	944
criminal records check in the manner described in division (B) of	945
this section to determine whether any information exists that	946
indicates that the person who is the subject of the request	947
previously has been convicted of or pleaded guilty to any of the	948
following:	949

(a) A violation of section 2903.01, 2903.02, 2903.03,	950
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	951
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	952
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	953
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	954
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	955
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	956
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	957
violation of section 2925.11 of the Revised Code that is not a	958
minor drug possession offense;	959

(b) An existing or former law of this state, any other state,	960
or the United States that is substantially equivalent to any of	961
the offenses listed in division (A)(4)(a) of this section.	962

(5) On receipt of a request pursuant to section 5111.032,	963
5111.033, or 5111.034 of the Revised Code, a completed form	964
prescribed pursuant to division (C)(1) of this section, and a set	965
of fingerprint impressions obtained in the manner described in	966
division (C)(2) of this section, the superintendent of the bureau	967
of criminal identification and investigation shall conduct a	968
criminal records check. The superintendent shall conduct the	969
criminal records check in the manner described in division (B) of	970
this section to determine whether any information exists that	971
indicates that the person who is the subject of the request	972
previously has been convicted of, has pleaded guilty to, or has	973
been found eligible for intervention in lieu of conviction for any	974
of the following, regardless of the date of the conviction, the	975
date of entry of the guilty plea, or the date the person was found	976
eligible for intervention in lieu of conviction:	977

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	978
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	979
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	980
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	981
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	982
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	983
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	984
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	985
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	986
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	987
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	988
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	989
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	990
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	991
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	992
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	993
penetration in violation of former section 2907.12 of the Revised	994
Code, a violation of section 2905.04 of the Revised Code as it	995
existed prior to July 1, 1996, a violation of section 2919.23 of	996
the Revised Code that would have been a violation of section	997
2905.04 of the Revised Code as it existed prior to July 1, 1996,	998
had the violation been committed prior to that date;	999

(b) A violation of an existing or former municipal ordinance	1000
or law of this state, any other state, or the United States that	1001
is substantially equivalent to any of the offenses listed in	1002
division (A)(5)(a) of this section.	1003

(6) On receipt of a request pursuant to section 3701.881 of	1004
the Revised Code with respect to an applicant for employment with	1005
a home health agency in a position that involves providing direct	1006
care to an older adult, a completed form prescribed pursuant to	1007
division (C)(1) of this section, and a set of fingerprint	1008
impressions obtained in the manner described in division (C)(2) of	1009
this section, the superintendent of the bureau of criminal	1010
identification and investigation shall conduct a criminal records	1011
check. The superintendent shall conduct the criminal records check	1012
in the manner described in division (B) of this section to	1013
determine whether any information exists that indicates that the	1014
person who is the subject of the request previously has been	1015
convicted of or pleaded guilty to any of the following:	1016

(a) A violation of section 2903.01, 2903.02, 2903.03,	1017
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1018
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1019
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1020
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1021
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1022
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1023
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1024
2925.22, 2925.23, or 3716.11 of the Revised Code;	1025

(b) An existing or former law of this state, any other state,	1026
or the United States that is substantially equivalent to any of	1027
the offenses listed in division (A)(6)(a) of this section.	1028

(7) When conducting a criminal records check upon a request	1029
pursuant to section 3319.39 of the Revised Code for an applicant	1030
who is a teacher, in addition to the determination made under	1031
division (A)(1) of this section, the superintendent shall	1032
determine whether any information exists that indicates that the	1033
person who is the subject of the request previously has been	1034
convicted of or pleaded guilty to any offense specified in section	1035
3319.31 of the Revised Code.	1036

(8) On receipt of a request pursuant to section 2151.86 of	1037
the Revised Code, a completed form prescribed pursuant to division	1038
(C)(1) of this section, and a set of fingerprint impressions	1039
obtained in the manner described in division (C)(2) of this	1040
section, the superintendent of the bureau of criminal	1041
identification and investigation shall conduct a criminal records	1042
check in the manner described in division (B) of this section to	1043
determine whether any information exists that indicates that the	1044
person who is the subject of the request previously has been	1045
convicted of or pleaded guilty to any of the following:	1046

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1047
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1048
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1049
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1050
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1051
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1052
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1053
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1054
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1055
of the Revised Code, a violation of section 2905.04 of the Revised	1056
Code as it existed prior to July 1, 1996, a violation of section	1057
2919.23 of the Revised Code that would have been a violation of	1058
section 2905.04 of the Revised Code as it existed prior to July 1,	1059
1996, had the violation been committed prior to that date, a	1060
violation of section 2925.11 of the Revised Code that is not a	1061
minor drug possession offense, two or more OVI or OVUAC violations	1062
committed within the three years immediately preceding the	1063
submission of the application or petition that is the basis of the	1064
request, or felonious sexual penetration in violation of former	1065
section 2907.12 of the Revised Code;	1066

(b) A violation of an existing or former law of this state,	1067
any other state, or the United States that is substantially	1068
equivalent to any of the offenses listed in division (A)(8)(a) of	1069
this section.	1070

(9) Upon receipt of a request pursuant to section 5104.012 or	1071
5104.013 of the Revised Code, a completed form prescribed pursuant	1072
to division (C)(1) of this section, and a set of fingerprint	1073
impressions obtained in the manner described in division (C)(2) of	1074
this section, the superintendent of the bureau of criminal	1075
identification and investigation shall conduct a criminal records	1076
check in the manner described in division (B) of this section to	1077
determine whether any information exists that indicates that the	1078
person who is the subject of the request has been convicted of or	1079
pleaded guilty to any of the following:	1080

(a) A violation of section 2903.01, 2903.02, 2903.03,	1081
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1082
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1083
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1084
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1085
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1086
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1087
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1088
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1089
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1090
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1091
3716.11 of the Revised Code, felonious sexual penetration in	1092
violation of former section 2907.12 of the Revised Code, a	1093
violation of section 2905.04 of the Revised Code as it existed	1094
prior to July 1, 1996, a violation of section 2919.23 of the	1095
Revised Code that would have been a violation of section 2905.04	1096
of the Revised Code as it existed prior to July 1, 1996, had the	1097
violation been committed prior to that date, a violation of	1098
section 2925.11 of the Revised Code that is not a minor drug	1099
possession offense, a violation of section 2923.02 or 2923.03 of	1100
the Revised Code that relates to a crime specified in this	1101
division, or a second violation of section 4511.19 of the Revised	1102
Code within five years of the date of application for licensure or	1103
certification.	1104

(b) A violation of an existing or former law of this state,	1105
any other state, or the United States that is substantially	1106
equivalent to any of the offenses or violations described in	1107
division (A)(9)(a) of this section.	1108

(10) Upon receipt of a request pursuant to section 5153.111	1109
of the Revised Code, a completed form prescribed pursuant to	1110
division (C)(1) of this section, and a set of fingerprint	1111
impressions obtained in the manner described in division (C)(2) of	1112
this section, the superintendent of the bureau of criminal	1113
identification and investigation shall conduct a criminal records	1114
check in the manner described in division (B) of this section to	1115
determine whether any information exists that indicates that the	1116
person who is the subject of the request previously has been	1117
convicted of or pleaded guilty to any of the following:	1118

(a) A violation of section 2903.01, 2903.02, 2903.03,	1119
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1120
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1121
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1122
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1123
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1124
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1125
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1126
felonious sexual penetration in violation of former section	1127
2907.12 of the Revised Code, a violation of section 2905.04 of the	1128
Revised Code as it existed prior to July 1, 1996, a violation of	1129
section 2919.23 of the Revised Code that would have been a	1130
violation of section 2905.04 of the Revised Code as it existed	1131
prior to July 1, 1996, had the violation been committed prior to	1132
that date, or a violation of section 2925.11 of the Revised Code	1133
that is not a minor drug possession offense;	1134

(b) A violation of an existing or former law of this state,	1135
any other state, or the United States that is substantially	1136
equivalent to any of the offenses listed in division (A)(10)(a) of	1137
this section.	1138

(11) On receipt of a request for a criminal records check	1139
from an individual pursuant to section 4749.03 or 4749.06 of the	1140
Revised Code, accompanied by a completed copy of the form	1141
prescribed in division (C)(1) of this section and a set of	1142
fingerprint impressions obtained in a manner described in division	1143
(C)(2) of this section, the superintendent of the bureau of	1144
criminal identification and investigation shall conduct a criminal	1145
records check in the manner described in division (B) of this	1146
section to determine whether any information exists indicating	1147
that the person who is the subject of the request has been	1148
convicted of or pleaded guilty to a felony in this state or in any	1149
other state. If the individual indicates that a firearm will be	1150
carried in the course of business, the superintendent shall	1151
require information from the federal bureau of investigation as	1152
described in division (B)(2) of this section. The superintendent	1153
shall report the findings of the criminal records check and any	1154
information the federal bureau of investigation provides to the	1155
director of public safety.	1156

(12) On receipt of a request pursuant to section 1321.37,	1157
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1158
Code, a completed form prescribed pursuant to division (C)(1) of	1159
this section, and a set of fingerprint impressions obtained in the	1160
manner described in division (C)(2) of this section, the	1161
superintendent of the bureau of criminal identification and	1162
investigation shall conduct a criminal records check with respect	1163
to any person who has applied for a license, permit, or	1164
certification from the department of commerce or a division in the	1165
department. The superintendent shall conduct the criminal records	1166
check in the manner described in division (B) of this section to	1167
determine whether any information exists that indicates that the	1168
person who is the subject of the request previously has been	1169
convicted of or pleaded guilty to any of the following: a	1170
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	1171
2925.03 of the Revised Code; any other criminal offense involving	1172
theft, receiving stolen property, embezzlement, forgery, fraud,	1173
passing bad checks, money laundering, or drug trafficking, or any	1174
criminal offense involving money or securities, as set forth in	1175
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	1176
the Revised Code; or any existing or former law of this state, any	1177
other state, or the United States that is substantially equivalent	1178
to those offenses.	1179

(13) On receipt of a request for a criminal records check	1180
from the treasurer of state under section 113.041 of the Revised	1181
Code or from an individual under section 4701.08, 4715.101,	1182
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1183
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1184
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1185
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1186
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	1187
a completed form prescribed under division (C)(1) of this section	1188
and a set of fingerprint impressions obtained in the manner	1189
described in division (C)(2) of this section, the superintendent	1190
of the bureau of criminal identification and investigation shall	1191
conduct a criminal records check in the manner described in	1192
division (B) of this section to determine whether any information	1193
exists that indicates that the person who is the subject of the	1194
request has been convicted of or pleaded guilty to any criminal	1195
offense in this state or any other state. The superintendent shall	1196
send the results of a check requested under section 113.041 of the	1197
Revised Code to the treasurer of state and shall send the results	1198
of a check requested under any of the other listed sections to the	1199
licensing board specified by the individual in the request.	1200

(14) On receipt of a request pursuant to section 1121.23,	1201
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1202
Code, a completed form prescribed pursuant to division (C)(1) of	1203
this section, and a set of fingerprint impressions obtained in the	1204
manner described in division (C)(2) of this section, the	1205
superintendent of the bureau of criminal identification and	1206
investigation shall conduct a criminal records check in the manner	1207
described in division (B) of this section to determine whether any	1208
information exists that indicates that the person who is the	1209
subject of the request previously has been convicted of or pleaded	1210
guilty to any criminal offense under any existing or former law of	1211
this state, any other state, or the United States.	1212

(15) On receipt of a request for a criminal records check	1213
from an appointing or licensing authority under section 3772.07 of	1214
the Revised Code, a completed form prescribed under division	1215
(C)(1) of this section, and a set of fingerprint impressions	1216
obtained in the manner prescribed in division (C)(2) of this	1217
section, the superintendent of the bureau of criminal	1218
identification and investigation shall conduct a criminal records	1219
check in the manner described in division (B) of this section to	1220
determine whether any information exists that indicates that the	1221
person who is the subject of the request previously has been	1222
convicted of or pleaded guilty or no contest to any offense under	1223
any existing or former law of this state, any other state, or the	1224
United States that is a disqualifying offense as defined in	1225
section 3772.07 of the Revised Code or substantially equivalent to	1226
such an offense.	1227

(16) Not later than thirty days after the date the	1228
superintendent receives a request of a type described in division	1229
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	1230
or (14), or (15) of this section, the completed form, and the	1231
fingerprint impressions, the superintendent shall send the person,	1232
board, or entity that made the request any information, other than	1233
information the dissemination of which is prohibited by federal	1234
law, the superintendent determines exists with respect to the	1235
person who is the subject of the request that indicates that the	1236
person previously has been convicted of or pleaded guilty to any	1237
offense listed or described in division (A)(1), (2), (3), (4),	1238
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of	1239
this section, as appropriate. The superintendent shall send the	1240
person, board, or entity that made the request a copy of the list	1241
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	1242
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,	1243
as appropriate. If the request was made under section 3701.881 of	1244
the Revised Code with regard to an applicant who may be both	1245
responsible for the care, custody, or control of a child and	1246
involved in providing direct care to an older adult, the	1247
superintendent shall provide a list of the offenses specified in	1248
divisions (A)(4) and (6) of this section.	1249

Not later than thirty days after the superintendent receives	1250
a request for a criminal records check pursuant to section 113.041	1251
of the Revised Code, the completed form, and the fingerprint	1252
impressions, the superintendent shall send the treasurer of state	1253
any information, other than information the dissemination of which	1254
is prohibited by federal law, the superintendent determines exist	1255
with respect to the person who is the subject of the request that	1256
indicates that the person previously has been convicted of or	1257
pleaded guilty to any criminal offense in this state or any other	1258
state.	1259

(B) The superintendent shall conduct any criminal records	1260
check requested under section 113.041, 121.08, 173.27, 173.394,	1261
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	1262
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	1263
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,	1264
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1265
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1266
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1267
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1268
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1269
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1270
5126.281, or 5153.111 of the Revised Code as follows:	1271

(1) The superintendent shall review or cause to be reviewed	1272
any relevant information gathered and compiled by the bureau under	1273
division (A) of section 109.57 of the Revised Code that relates to	1274
the person who is the subject of the request, including, if the	1275
criminal records check was requested under section 113.041,	1276
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1277
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1278
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1279
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1280
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1281
5153.111 of the Revised Code, any relevant information contained	1282
in records that have been sealed under section 2953.32 of the	1283
Revised Code;	1284

(2) If the request received by the superintendent asks for	1285
information from the federal bureau of investigation, the	1286
superintendent shall request from the federal bureau of	1287
investigation any information it has with respect to the person	1288
who is the subject of the request, including fingerprint-based	1289
checks of national crime information databases as described in 42	1290
U.S.C. 671 if the request is made pursuant to section 2151.86,	1291
5104.012, or 5104.013 of the Revised Code or if any other Revised	1292
Code section requires fingerprint-based checks of that nature, and	1293
shall review or cause to be reviewed any information the	1294
superintendent receives from that bureau. If a request under	1295
section 3319.39 of the Revised Code asks only for information from	1296
the federal bureau of investigation, the superintendent shall not	1297
conduct the review prescribed by division (B)(1) of this section.	1298

(3) The superintendent or the superintendent's designee may	1299
request criminal history records from other states or the federal	1300
government pursuant to the national crime prevention and privacy	1301
compact set forth in section 109.571 of the Revised Code.	1302

(C)(1) The superintendent shall prescribe a form to obtain	1303
the information necessary to conduct a criminal records check from	1304
any person for whom a criminal records check is requested under	1305
section 113.041 of the Revised Code or required by section 121.08,	1306
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	1307
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1308
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,	1309
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1310
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1311
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1312
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1313
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1314
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1315
5126.281, or 5153.111 of the Revised Code. The form that the	1316
superintendent prescribes pursuant to this division may be in a	1317
tangible format, in an electronic format, or in both tangible and	1318
electronic formats.	1319

(2) The superintendent shall prescribe standard impression	1320
sheets to obtain the fingerprint impressions of any person for	1321
whom a criminal records check is requested under section 113.041	1322
of the Revised Code or required by section 121.08, 173.27,	1323
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	1324
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1325
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,	1326
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1327
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1328
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1329
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1330
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1331
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1332
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1333
records check is requested under or required by any of those	1334
sections shall obtain the fingerprint impressions at a county	1335
sheriff's office, municipal police department, or any other entity	1336
with the ability to make fingerprint impressions on the standard	1337
impression sheets prescribed by the superintendent. The office,	1338
department, or entity may charge the person a reasonable fee for	1339
making the impressions. The standard impression sheets the	1340
superintendent prescribes pursuant to this division may be in a	1341
tangible format, in an electronic format, or in both tangible and	1342
electronic formats.	1343

(3) Subject to division (D) of this section, the	1344
superintendent shall prescribe and charge a reasonable fee for	1345
providing a criminal records check requested under section	1346
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1347
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1348
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1349
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	1350
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	1351
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	1352
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1353
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	1354
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1355
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1356
person making a criminal records request under any of those	1357
sections shall pay the fee prescribed pursuant to this division. A	1358
person making a request under section 3701.881 of the Revised Code	1359
for a criminal records check for an applicant who may be both	1360
responsible for the care, custody, or control of a child and	1361
involved in providing direct care to an older adult shall pay one	1362
fee for the request. In the case of a request under section	1363
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	1364
of the Revised Code, the fee shall be paid in the manner specified	1365
in that section.	1366

(4) The superintendent of the bureau of criminal	1367
identification and investigation may prescribe methods of	1368
forwarding fingerprint impressions and information necessary to	1369
conduct a criminal records check, which methods shall include, but	1370
not be limited to, an electronic method.	1371

(D) A determination whether any information exists that	1372
indicates that a person previously has been convicted of or	1373
pleaded guilty to any offense listed or described in division	1374
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1375
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1376
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or	1377
(A)(15) of this section, or that indicates that a person	1378
previously has been convicted of or pleaded guilty to any criminal	1379
offense in this state or any other state regarding a criminal	1380
records check of a type described in division (A)(13) of this	1381
section, and that is made by the superintendent with respect to	1382
information considered in a criminal records check in accordance	1383
with this section is valid for the person who is the subject of	1384
the criminal records check for a period of one year from the date	1385
upon which the superintendent makes the determination. During the	1386
period in which the determination in regard to a person is valid,	1387
if another request under this section is made for a criminal	1388
records check for that person, the superintendent shall provide	1389
the information that is the basis for the superintendent's initial	1390
determination at a lower fee than the fee prescribed for the	1391
initial criminal records check.	1392

(E) As used in this section:

1393

(1) "Criminal records check" means any criminal records check	1394
conducted by the superintendent of the bureau of criminal	1395
identification and investigation in accordance with division (B)	1396
of this section.	1397

(2) "Minor drug possession offense" has the same meaning as	1398
in section 2925.01 of the Revised Code.	1399

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

1400

(4) "OVI or OVUAC violation" means a violation of section	1401
4511.19 of the Revised Code or a violation of an existing or	1402
former law of this state, any other state, or the United States	1403
that is substantially equivalent to section 4511.19 of the Revised	1404
Code.	1405

Sec. 109.71. There is hereby created in the office of the	1406
attorney general the Ohio peace officer training commission. The	1407
commission shall consist of nine members appointed by the governor	1408
with the advice and consent of the senate and selected as follows:	1409
one member representing the public; two members who are incumbent	1410
sheriffs; two members who are incumbent chiefs of police; one	1411
member from the bureau of criminal identification and	1412
investigation; one member from the state highway patrol; one	1413
member who is the special agent in charge of a field office of the	1414
federal bureau of investigation in this state; and one member from	1415
the department of education, trade and industrial education	1416
services, law enforcement training.	1417

This section does not confer any arrest authority or any	1418
ability or authority to detain a person, write or issue any	1419
citation, or provide any disposition alternative, as granted under	1420
Chapter 2935. of the Revised Code.	1421

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

1422

(A) "Peace officer" means:

1423

(1) A deputy sheriff, marshal, deputy marshal, member of the	1424
organized police department of a township or municipal	1425
corporation, member of a township police district or joint	1426
township police district police force, member of a police force	1427
employed by a metropolitan housing authority under division (D) of	1428
section 3735.31 of the Revised Code, or township constable, who is	1429
commissioned and employed as a peace officer by a political	1430
subdivision of this state or by a metropolitan housing authority,	1431
and whose primary duties are to preserve the peace, to protect	1432
life and property, and to enforce the laws of this state,	1433
ordinances of a municipal corporation, resolutions of a township,	1434
or regulations of a board of county commissioners or board of	1435
township trustees, or any of those laws, ordinances, resolutions,	1436
or regulations;	1437

(2) A police officer who is employed by a railroad company	1438
and appointed and commissioned by the secretary of state pursuant	1439
to sections 4973.17 to 4973.22 of the Revised Code;	1440

(3) Employees of the department of taxation engaged in the	1441
enforcement of Chapter 5743. of the Revised Code and designated by	1442
the tax commissioner for peace officer training for purposes of	1443
the delegation of investigation powers under section 5743.45 of	1444
the Revised Code;	1445

(4) An undercover drug agent;

1446

(5) Enforcement agents of the department of public safety	1447
whom the director of public safety designates under section	1448
5502.14 of the Revised Code;	1449

(6) An employee of the department of natural resources who is	1450
a natural resources law enforcement staff officer designated	1451
pursuant to section 1501.013, a park officer designated pursuant	1452
to section 1541.10, a forest officer designated pursuant to	1453
section 1503.29, a preserve officer designated pursuant to section	1454
1517.10, a wildlife officer designated pursuant to section	1455
1531.13, or a state watercraft officer designated pursuant to	1456
section 1547.521 of the Revised Code;	1457

(7) An employee of a park district who is designated pursuant	1458
to section 511.232 or 1545.13 of the Revised Code;	1459

(8) An employee of a conservancy district who is designated	1460
pursuant to section 6101.75 of the Revised Code;	1461

(9) A police officer who is employed by a hospital that	1462
employs and maintains its own proprietary police department or	1463
security department, and who is appointed and commissioned by the	1464
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1465
Revised Code;	1466

(10) Veterans' homes police officers designated under section	1467
5907.02 of the Revised Code;	1468

(11) A police officer who is employed by a qualified	1469
nonprofit corporation police department pursuant to section	1470
1702.80 of the Revised Code;	1471

(12) A state university law enforcement officer appointed	1472
under section 3345.04 of the Revised Code or a person serving as a	1473
state university law enforcement officer on a permanent basis on	1474
June 19, 1978, who has been awarded a certificate by the executive	1475
director of the Ohio peace officer training commission attesting	1476
to the person's satisfactory completion of an approved state,	1477
county, municipal, or department of natural resources peace	1478
officer basic training program;	1479

(13) A special police officer employed by the department of	1480
mental health pursuant to section 5119.14 of the Revised Code or	1481
the department of developmental disabilities pursuant to section	1482
5123.13 of the Revised Code;	1483

(14) A member of a campus police department appointed under	1484
section 1713.50 of the Revised Code;	1485

(15) A member of a police force employed by a regional	1486
transit authority under division (Y) of section 306.35 of the	1487
Revised Code;	1488

(16) Investigators appointed by the auditor of state pursuant	1489
to section 117.091 of the Revised Code and engaged in the	1490
enforcement of Chapter 117. of the Revised Code;	1491

(17) A special police officer designated by the	1492
superintendent of the state highway patrol pursuant to section	1493
5503.09 of the Revised Code or a person who was serving as a	1494
special police officer pursuant to that section on a permanent	1495
basis on October 21, 1997, and who has been awarded a certificate	1496
by the executive director of the Ohio peace officer training	1497
commission attesting to the person's satisfactory completion of an	1498
approved state, county, municipal, or department of natural	1499
resources peace officer basic training program;	1500

(18) A special police officer employed by a port authority	1501
under section 4582.04 or 4582.28 of the Revised Code or a person	1502
serving as a special police officer employed by a port authority	1503
on a permanent basis on May 17, 2000, who has been awarded a	1504
certificate by the executive director of the Ohio peace officer	1505
training commission attesting to the person's satisfactory	1506
completion of an approved state, county, municipal, or department	1507
of natural resources peace officer basic training program;	1508

(19) A special police officer employed by a municipal	1509
corporation who has been awarded a certificate by the executive	1510
director of the Ohio peace officer training commission for	1511
satisfactory completion of an approved peace officer basic	1512
training program and who is employed on a permanent basis on or	1513
after March 19, 2003, at a municipal airport, or other municipal	1514
air navigation facility, that has scheduled operations, as defined	1515
in section 119.3 of Title 14 of the Code of Federal Regulations,	1516
14 C.F.R. 119.3, as amended, and that is required to be under a	1517
security program and is governed by aviation security rules of the	1518
transportation security administration of the United States	1519
department of transportation as provided in Parts 1542. and 1544.	1520
of Title 49 of the Code of Federal Regulations, as amended;	1521

(20) A police officer who is employed by an owner or operator	1522
of an amusement park that has an average yearly attendance in	1523
excess of six hundred thousand guests and that employs and	1524
maintains its own proprietary police department or security	1525
department, and who is appointed and commissioned by a judge of	1526
the appropriate municipal court or county court pursuant to	1527
section 4973.17 of the Revised Code;	1528

(21) A police officer who is employed by a bank, savings and	1529
loan association, savings bank, credit union, or association of	1530
banks, savings and loan associations, savings banks, or credit	1531
unions, who has been appointed and commissioned by the secretary	1532
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1533
Code, and who has been awarded a certificate by the executive	1534
director of the Ohio peace officer training commission attesting	1535
to the person's satisfactory completion of a state, county,	1536
municipal, or department of natural resources peace officer basic	1537
training program;	1538

(22) An investigator, as defined in section 109.541 of the	1539
Revised Code, of the bureau of criminal identification and	1540
investigation who is commissioned by the superintendent of the	1541
bureau as a special agent for the purpose of assisting law	1542
enforcement officers or providing emergency assistance to peace	1543
officers pursuant to authority granted under that section;	1544

(23) A state fire marshal law enforcement officer appointed	1545
under section 3737.22 of the Revised Code or a person serving as a	1546
state fire marshal law enforcement officer on a permanent basis on	1547
or after July 1, 1982, who has been awarded a certificate by the	1548
executive director of the Ohio peace officer training commission	1549
attesting to the person's satisfactory completion of an approved	1550
state, county, municipal, or department of natural resources peace	1551
officer basic training program;	1552

(24) A gaming agent employed under section 3772.03 of the	1553
Revised Code.	1554

(B) "Undercover drug agent" has the same meaning as in	1555
division (B)(2) of section 109.79 of the Revised Code.	1556

(C) "Crisis intervention training" means training in the use	1557
of interpersonal and communication skills to most effectively and	1558
sensitively interview victims of rape.	1559

(D) "Missing children" has the same meaning as in section	1560
2901.30 of the Revised Code.	1561

Sec. 109.77. (A) As used in this section, "felony" has the	1562
same meaning as in section 109.511 of the Revised Code.	1563

(B)(1) Notwithstanding any general, special, or local law or	1564
charter to the contrary, and except as otherwise provided in this	1565
section, no person shall receive an original appointment on a	1566
permanent basis as any of the following unless the person	1567
previously has been awarded a certificate by the executive	1568
director of the Ohio peace officer training commission attesting	1569
to the person's satisfactory completion of an approved state,	1570
county, municipal, or department of natural resources peace	1571
officer basic training program:	1572

(a) A peace officer of any county, township, municipal	1573
corporation, regional transit authority, or metropolitan housing	1574
authority;	1575

(b) A natural resources law enforcement staff officer, park	1576
officer, forest officer, preserve officer, wildlife officer, or	1577
state watercraft officer of the department of natural resources;	1578

(c) An employee of a park district under section 511.232 or	1579
1545.13 of the Revised Code;	1580

(d) An employee of a conservancy district who is designated	1581
pursuant to section 6101.75 of the Revised Code;	1582

(e) A state university law enforcement officer;

1583

(f) A special police officer employed by the department of	1584
mental health pursuant to section 5119.14 of the Revised Code or	1585
the department of developmental disabilities pursuant to section	1586
5123.13 of the Revised Code;	1587

(g) An enforcement agent of the department of public safety	1588
whom the director of public safety designates under section	1589
5502.14 of the Revised Code;	1590

(h) A special police officer employed by a port authority	1591
under section 4582.04 or 4582.28 of the Revised Code;	1592

(i) A special police officer employed by a municipal	1593
corporation at a municipal airport, or other municipal air	1594
navigation facility, that has scheduled operations, as defined in	1595
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1596
C.F.R. 119.3, as amended, and that is required to be under a	1597
security program and is governed by aviation security rules of the	1598
transportation security administration of the United States	1599
department of transportation as provided in Parts 1542. and 1544.	1600
of Title 49 of the Code of Federal Regulations, as amended;	1601

(j) A gaming agent employed under section 3772.03 of the	1602
Revised Code.	1603

(2) Every person who is appointed on a temporary basis or for	1604
a probationary term or on other than a permanent basis as any of	1605
the following shall forfeit the appointed position unless the	1606
person previously has completed satisfactorily or, within the time	1607
prescribed by rules adopted by the attorney general pursuant to	1608
section 109.74 of the Revised Code, satisfactorily completes a	1609
state, county, municipal, or department of natural resources peace	1610
officer basic training program for temporary or probationary	1611
officers and is awarded a certificate by the director attesting to	1612
the satisfactory completion of the program:	1613

(a) A peace officer of any county, township, municipal	1614
corporation, regional transit authority, or metropolitan housing	1615
authority;	1616

(b) A natural resources law enforcement staff officer, park	1617
officer, forest officer, preserve officer, wildlife officer, or	1618
state watercraft officer of the department of natural resources;	1619

(c) An employee of a park district under section 511.232 or	1620
1545.13 of the Revised Code;	1621

(d) An employee of a conservancy district who is designated	1622
pursuant to section 6101.75 of the Revised Code;	1623

(e) A special police officer employed by the department of	1624
mental health pursuant to section 5119.14 of the Revised Code or	1625
the department of developmental disabilities pursuant to section	1626
5123.13 of the Revised Code;	1627

(f) An enforcement agent of the department of public safety	1628
whom the director of public safety designates under section	1629
5502.14 of the Revised Code;	1630

(g) A special police officer employed by a port authority	1631
under section 4582.04 or 4582.28 of the Revised Code;	1632

(h) A special police officer employed by a municipal	1633
corporation at a municipal airport, or other municipal air	1634
navigation facility, that has scheduled operations, as defined in	1635
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1636
C.F.R. 119.3, as amended, and that is required to be under a	1637
security program and is governed by aviation security rules of the	1638
transportation security administration of the United States	1639
department of transportation as provided in Parts 1542. and 1544.	1640
of Title 49 of the Code of Federal Regulations, as amended.	1641

(3) For purposes of division (B) of this section, a state,	1642
county, municipal, or department of natural resources peace	1643
officer basic training program, regardless of whether the program	1644
is to be completed by peace officers appointed on a permanent or	1645
temporary, probationary, or other nonpermanent basis, shall	1646
include training in the handling of the offense of domestic	1647
violence, other types of domestic violence-related offenses and	1648
incidents, and protection orders and consent agreements issued or	1649
approved under section 2919.26 or 3113.31 of the Revised Code and	1650
crisis intervention training. The requirement to complete training	1651
in the handling of the offense of domestic violence, other types	1652
of domestic violence-related offenses and incidents, and	1653
protection orders and consent agreements issued or approved under	1654
section 2919.26 or 3113.31 of the Revised Code does not apply to	1655
any person serving as a peace officer on March 27, 1979, and the	1656
requirement to complete training in crisis intervention does not	1657
apply to any person serving as a peace officer on April 4, 1985.	1658
Any person who is serving as a peace officer on April 4, 1985, who	1659
terminates that employment after that date, and who subsequently	1660
is hired as a peace officer by the same or another law enforcement	1661
agency shall complete training in crisis intervention as	1662
prescribed by rules adopted by the attorney general pursuant to	1663
section 109.742 of the Revised Code. No peace officer shall have	1664
employment as a peace officer terminated and then be reinstated	1665
with intent to circumvent this section.	1666

(4) Division (B) of this section does not apply to any person	1667
serving on a permanent basis on March 28, 1985, as a park officer,	1668
forest officer, preserve officer, wildlife officer, or state	1669
watercraft officer of the department of natural resources or as an	1670
employee of a park district under section 511.232 or 1545.13 of	1671
the Revised Code, to any person serving on a permanent basis on	1672
March 6, 1986, as an employee of a conservancy district designated	1673
pursuant to section 6101.75 of the Revised Code, to any person	1674
serving on a permanent basis on January 10, 1991, as a preserve	1675
officer of the department of natural resources, to any person	1676
employed on a permanent basis on July 2, 1992, as a special police	1677
officer by the department of mental health pursuant to section	1678
5119.14 of the Revised Code or by the department of developmental	1679
disabilities pursuant to section 5123.13 of the Revised Code, to	1680
any person serving on a permanent basis on May 17, 2000, as a	1681
special police officer employed by a port authority under section	1682
4582.04 or 4582.28 of the Revised Code, to any person serving on a	1683
permanent basis on March 19, 2003, as a special police officer	1684
employed by a municipal corporation at a municipal airport or	1685
other municipal air navigation facility described in division	1686
(A)(19) of section 109.71 of the Revised Code, to any person	1687
serving on a permanent basis on June 19, 1978, as a state	1688
university law enforcement officer pursuant to section 3345.04 of	1689
the Revised Code and who, immediately prior to June 19, 1978, was	1690
serving as a special police officer designated under authority of	1691
that section, or to any person serving on a permanent basis on	1692
September 20, 1984, as a liquor control investigator, known after	1693
June 30, 1999, as an enforcement agent of the department of public	1694
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1695
the Revised Code.	1696

(5) Division (B) of this section does not apply to any person	1697
who is appointed as a regional transit authority police officer	1698
pursuant to division (Y) of section 306.35 of the Revised Code if,	1699
on or before July 1, 1996, the person has completed satisfactorily	1700
an approved state, county, municipal, or department of natural	1701
resources peace officer basic training program and has been	1702
awarded a certificate by the executive director of the Ohio peace	1703
officer training commission attesting to the person's satisfactory	1704
completion of such an approved program and if, on July 1, 1996,	1705
the person is performing peace officer functions for a regional	1706
transit authority.	1707

(C) No person, after September 20, 1984, shall receive an	1708
original appointment on a permanent basis as a veterans' home	1709
police officer designated under section 5907.02 of the Revised	1710
Code unless the person previously has been awarded a certificate	1711
by the executive director of the Ohio peace officer training	1712
commission attesting to the person's satisfactory completion of an	1713
approved police officer basic training program. Every person who	1714
is appointed on a temporary basis or for a probationary term or on	1715
other than a permanent basis as a veterans' home police officer	1716
designated under section 5907.02 of the Revised Code shall forfeit	1717
that position unless the person previously has completed	1718
satisfactorily or, within one year from the time of appointment,	1719
satisfactorily completes an approved police officer basic training	1720
program.	1721

(D) No bailiff or deputy bailiff of a court of record of this	1722
state and no criminal investigator who is employed by the state	1723
public defender shall carry a firearm, as defined in section	1724
2923.11 of the Revised Code, while on duty unless the bailiff,	1725
deputy bailiff, or criminal investigator has done or received one	1726
of the following:	1727

(1) Has been awarded a certificate by the executive director	1728
of the Ohio peace officer training commission, which certificate	1729
attests to satisfactory completion of an approved state, county,	1730
or municipal basic training program for bailiffs and deputy	1731
bailiffs of courts of record and for criminal investigators	1732
employed by the state public defender that has been recommended by	1733
the Ohio peace officer training commission;	1734

(2) Has successfully completed a firearms training program	1735
approved by the Ohio peace officer training commission prior to	1736
employment as a bailiff, deputy bailiff, or criminal investigator;	1737

(3) Prior to June 6, 1986, was authorized to carry a firearm	1738
by the court that employed the bailiff or deputy bailiff or, in	1739
the case of a criminal investigator, by the state public defender	1740
and has received training in the use of firearms that the Ohio	1741
peace officer training commission determines is equivalent to the	1742
training that otherwise is required by division (D) of this	1743
section.	1744

(E)(1) Before a person seeking a certificate completes an	1745
approved peace officer basic training program, the executive	1746
director of the Ohio peace officer training commission shall	1747
request the person to disclose, and the person shall disclose, any	1748
previous criminal conviction of or plea of guilty of that person	1749
to a felony.	1750

(2) Before a person seeking a certificate completes an	1751
approved peace officer basic training program, the executive	1752
director shall request a criminal history records check on the	1753
person. The executive director shall submit the person's	1754
fingerprints to the bureau of criminal identification and	1755
investigation, which shall submit the fingerprints to the federal	1756
bureau of investigation for a national criminal history records	1757
check.	1758

Upon receipt of the executive director's request, the bureau	1759
of criminal identification and investigation and the federal	1760
bureau of investigation shall conduct a criminal history records	1761
check on the person and, upon completion of the check, shall	1762
provide a copy of the criminal history records check to the	1763
executive director. The executive director shall not award any	1764
certificate prescribed in this section unless the executive	1765
director has received a copy of the criminal history records check	1766
on the person to whom the certificate is to be awarded.	1767

(3) The executive director of the commission shall not award	1768
a certificate prescribed in this section to a person who has been	1769
convicted of or has pleaded guilty to a felony or who fails to	1770
disclose any previous criminal conviction of or plea of guilty to	1771
a felony as required under division (E)(1) of this section.	1772

(4) The executive director of the commission shall revoke the	1773
certificate awarded to a person as prescribed in this section, and	1774
that person shall forfeit all of the benefits derived from being	1775
certified as a peace officer under this section, if the person,	1776
before completion of an approved peace officer basic training	1777
program, failed to disclose any previous criminal conviction of or	1778
plea of guilty to a felony as required under division (E)(1) of	1779
this section.	1780

(F)(1) Regardless of whether the person has been awarded the	1781
certificate or has been classified as a peace officer prior to,	1782
on, or after October 16, 1996, the executive director of the Ohio	1783
peace officer training commission shall revoke any certificate	1784
that has been awarded to a person as prescribed in this section if	1785
the person does either of the following:	1786

(a) Pleads guilty to a felony committed on or after January	1787
1, 1997;	1788

(b) Pleads guilty to a misdemeanor committed on or after	1789
January 1, 1997, pursuant to a negotiated plea agreement as	1790
provided in division (D) of section 2929.43 of the Revised Code in	1791
which the person agrees to surrender the certificate awarded to	1792
the person under this section.	1793

(2) The executive director of the commission shall suspend	1794
any certificate that has been awarded to a person as prescribed in	1795
this section if the person is convicted, after trial, of a felony	1796
committed on or after January 1, 1997. The executive director	1797
shall suspend the certificate pursuant to division (F)(2) of this	1798
section pending the outcome of an appeal by the person from that	1799
conviction to the highest court to which the appeal is taken or	1800
until the expiration of the period in which an appeal is required	1801
to be filed. If the person files an appeal that results in that	1802
person's acquittal of the felony or conviction of a misdemeanor,	1803
or in the dismissal of the felony charge against that person, the	1804
executive director shall reinstate the certificate awarded to the	1805
person under this section. If the person files an appeal from that	1806
person's conviction of the felony and the conviction is upheld by	1807
the highest court to which the appeal is taken or if the person	1808
does not file a timely appeal, the executive director shall revoke	1809
the certificate awarded to the person under this section.	1810

(G)(1) If a person is awarded a certificate under this	1811
section and the certificate is revoked pursuant to division (E)(4)	1812
or (F) of this section, the person shall not be eligible to	1813
receive, at any time, a certificate attesting to the person's	1814
satisfactory completion of a peace officer basic training program.	1815

(2) The revocation or suspension of a certificate under	1816
division (E)(4) or (F) of this section shall be in accordance with	1817
Chapter 119. of the Revised Code.	1818

(H)(1) A person who was employed as a peace officer of a	1819
county, township, or municipal corporation of the state on January	1820
1, 1966, and who has completed at least sixteen years of full-time	1821
active service as such a peace officer, or equivalent service as	1822
determined by the executive director of the Ohio peace officer	1823
training commission, may receive an original appointment on a	1824
permanent basis and serve as a peace officer of a county,	1825
township, or municipal corporation, or as a state university law	1826
enforcement officer, without complying with the requirements of	1827
division (B) of this section.	1828

(2) Any person who held an appointment as a state highway	1829
trooper on January 1, 1966, may receive an original appointment on	1830
a permanent basis and serve as a peace officer of a county,	1831
township, or municipal corporation, or as a state university law	1832
enforcement officer, without complying with the requirements of	1833
division (B) of this section.	1834

(I) No person who is appointed as a peace officer of a	1835
county, township, or municipal corporation on or after April 9,	1836
1985, shall serve as a peace officer of that county, township, or	1837
municipal corporation unless the person has received training in	1838
the handling of missing children and child abuse and neglect cases	1839
from an approved state, county, township, or municipal police	1840
officer basic training program or receives the training within the	1841
time prescribed by rules adopted by the attorney general pursuant	1842
to section 109.741 of the Revised Code.	1843

(J) No part of any approved state, county, or municipal basic	1844
training program for bailiffs and deputy bailiffs of courts of	1845
record and no part of any approved state, county, or municipal	1846
basic training program for criminal investigators employed by the	1847
state public defender shall be used as credit toward the	1848
completion by a peace officer of any part of the approved state,	1849
county, or municipal peace officer basic training program that the	1850
peace officer is required by this section to complete	1851
satisfactorily.	1852

(K) This section does not apply to any member of the police	1853
department of a municipal corporation in an adjoining state	1854
serving in this state under a contract pursuant to section 737.04	1855
of the Revised Code.	1856

Sec. 109.79. (A) The Ohio peace officer training commission	1857
shall establish and conduct a training school for law enforcement	1858
officers of any political subdivision of the state or of the state	1859
public defender's office. The school shall be known as the Ohio	1860
peace officer training academy. No bailiff or deputy bailiff of a	1861
court of record of this state and no criminal investigator	1862
employed by the state public defender shall be permitted to attend	1863
the academy for training unless the employing court of the bailiff	1864
or deputy bailiff or the state public defender, whichever is	1865
applicable, has authorized the bailiff, deputy bailiff, or	1866
investigator to attend the academy.	1867

The Ohio peace officer training commission shall develop the	1868
training program, which shall include courses in both the civil	1869
and criminal functions of law enforcement officers, a course in	1870
crisis intervention with six or more hours of training, and	1871
training in the handling of missing children and child abuse and	1872
neglect cases, and shall establish rules governing qualifications	1873
for admission to the academy. The commission may require	1874
competitive examinations to determine fitness of prospective	1875
trainees, so long as the examinations or other criteria for	1876
admission to the academy are consistent with the provisions of	1877
Chapter 124. of the Revised Code.	1878

The Ohio peace officer training commission shall determine	1879
tuition costs sufficient in the aggregate to pay the costs of	1880
operating the academy. The costs of acquiring and equipping the	1881
academy shall be paid from appropriations made by the general	1882
assembly to the Ohio peace officer training commission for that	1883
purpose, from gifts or grants received for that purpose, or from	1884
fees for goods related to the academy.	1885

The Ohio peace officer training commission shall create a	1886
gaming-related curriculum for gaming agents. The Ohio peace	1887
officer training commission shall use money distributed to the	1888
Ohio peace officer training academy from the Ohio law enforcement	1889
training fund to first support the academy's training programs for	1890
gaming agents and gaming-related curriculum. The Ohio peace	1891
officer training commission may utilize existing training programs	1892
in other states that specialize in training gaming agents.	1893

The law enforcement officers, during the period of their	1894
training, shall receive compensation as determined by the	1895
political subdivision that sponsors them or, if the officer is a	1896
criminal investigator employed by the state public defender, as	1897
determined by the state public defender. The political subdivision	1898
may pay the tuition costs of the law enforcement officers they	1899
sponsor and the state public defender may pay the tuition costs of	1900
criminal investigators of that office who attend the academy.	1901

If trainee vacancies exist, the academy may train and issue	1902
certificates of satisfactory completion to peace officers who are	1903
employed by a campus police department pursuant to section 1713.50	1904
of the Revised Code, by a qualified nonprofit corporation police	1905
department pursuant to section 1702.80 of the Revised Code, or by	1906
a railroad company, who are amusement park police officers	1907
appointed and commissioned by a judge of the appropriate municipal	1908
court or county court pursuant to section 4973.17 of the Revised	1909
Code, or who are bank, savings and loan association, savings bank,	1910
credit union, or association of banks, savings and loan	1911
associations, savings banks, or credit unions, or hospital police	1912
officers appointed and commissioned by the secretary of state	1913
pursuant to sections 4973.17 to 4973.22 of the Revised Code,	1914
provided that no such officer shall be trained at the academy	1915
unless the officer meets the qualifications established for	1916
admission to the academy and the qualified nonprofit corporation	1917
police department; bank, savings and loan association, savings	1918
bank, credit union, or association of banks, savings and loan	1919
associations, savings banks, or credit unions; railroad company;	1920
hospital; or amusement park or the private college or university	1921
that established the campus police department prepays the entire	1922
cost of the training. A qualified nonprofit corporation police	1923
department; bank, savings and loan association, savings bank,	1924
credit union, or association of banks, savings and loan	1925
associations, savings banks, or credit unions; railroad company;	1926
hospital; or amusement park or a private college or university	1927
that has established a campus police department is not entitled to	1928
reimbursement from the state for any amount paid for the cost of	1929
training the bank, savings and loan association, savings bank,	1930
credit union, or association of banks, savings and loan	1931
associations, savings banks, or credit unions peace officers; the	1932
railroad company's peace officers; or the peace officers of the	1933
qualified nonprofit corporation police department, campus police	1934
department, hospital, or amusement park.	1935

The academy shall permit investigators employed by the state	1936
medical board to take selected courses that the board determines	1937
are consistent with its responsibilities for initial and	1938
continuing training of investigators as required under sections	1939
4730.26 and 4731.05 of the Revised Code. The board shall pay the	1940
entire cost of training that investigators receive at the academy.	1941

(B) As used in this section:

1942

(1) "Law enforcement officers" include any undercover drug	1943
agent, any bailiff or deputy bailiff of a court of record, and any	1944
criminal investigator who is employed by the state public	1945
defender.	1946

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

1947

(a) Is employed by a county, township, or municipal	1948
corporation for the purposes set forth in division (B)(2)(b) of	1949
this section but who is not an employee of a county sheriff's	1950
department, of a township constable, or of the police department	1951
of a municipal corporation or township;	1952

(b) In the course of the person's employment by a county,	1953
township, or municipal corporation, investigates and gathers	1954
information pertaining to persons who are suspected of violating	1955
Chapter 2925. or 3719. of the Revised Code, and generally does not	1956
wear a uniform in the performance of the person's duties.	1957

(3) "Crisis intervention training" has the same meaning as in	1958
section 109.71 of the Revised Code.	1959

(4) "Missing children" has the same meaning as in section	1960
2901.30 of the Revised Code.	1961

Sec. 121.54. As it relates in any way to state funds or	1962
public officials subject to the investigatory authority of the	1963
inspector general, the inspector general may investigate all	1964
wrongful acts or omissions that have been committed by or are	1965
being committed by any member of the Ohio casino control	1966
commission or its employees.	1967

The inspector general shall conduct a program of random	1968
review of the processing of contracts associated with the	1969
commission. The random review program shall be designed by the	1970
inspector general. The program shall be confidential and may be	1971
altered by the inspector general at any time.	1972

The inspector general shall take care to preserve the	1973
confidentiality of information contained in responses to questions	1974
or in books, records, or papers that are made confidential by law.	1975
In performing any investigation, the inspector general shall avoid	1976
interfering with the ongoing operations of the entities being	1977
investigated, except insofar as is reasonably necessary to	1978
successfully complete the investigation.	1979

At the conclusion of an investigation conducted by the	1980
inspector general, the inspector general shall deliver to the	1981
executive director of the commission, depending on the subject of	1982
the investigation, and to the governor, any case for which	1983
remedial action is necessary. The inspector general shall maintain	1984
a public record of the activities of the inspector general to the	1985
extent permitted under this section, ensuring that the rights of	1986
the parties involved in each case are protected. The inspector	1987
general shall include in the annual report required under section	1988
121.48 of the Revised Code a summary of the activities of the	1989
inspector general under this section during the previous year.	1990

No person shall disclose any information that is designated	1991
as confidential in accordance with section 121.44 of the Revised	1992
Code or any confidential information that is acquired in the	1993
course of an investigation conducted under this section to any	1994
person who is not legally entitled to disclosure of that	1995
information.	1996

As used in this section, "state agency" and "state employee"	1997
have the same meanings as in section 121.41 of the Revised Code.	1998

Sec. 121.60. As used in sections 121.60 to 121.69 of the	1999
Revised Code:	2000

(A) "Person" and "compensation" have the same meanings as in	2001
section 101.70 of the Revised Code.	2002

(B) "Expenditure" means any of the following that is made to,	2003
at the request of, for the benefit of, or on behalf of an elected	2004
executive official, the director of a department created under	2005
section 121.02 of the Revised Code, an executive agency official,	2006
or a member of the staff of any public officer or employee listed	2007
in this division:	2008

(1) A payment, distribution, loan, advance, deposit,	2009
reimbursement, or gift of money, real estate, or anything of	2010
value, including, but not limited to, food and beverages,	2011
entertainment, lodging, transportation, or honorariums;	2012

(2) A contract, promise, or agreement to make an expenditure,	2013
whether or not legally enforceable;	2014

(3) The purchase, sale, or gift of services or any other	2015
thing of value. "Expenditure" does not include a contribution,	2016
gift, or grant to a foundation or other charitable organization	2017
that is exempt from federal income taxation under subsection	2018
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	2019
include the purchase, sale, or gift of services or any other thing	2020
of value that is available to the general public on the same terms	2021
as it is available to the persons listed in this division, or an	2022
offer or sale of securities to any person listed in this division	2023
that is governed by regulation D, 17 C.F.R. ~~2301.501~~230.501 to	2024
~~2301.508~~230.508, adopted under the authority of the "Securities	2025
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	2026
governed by a comparable provision under state law.	2027

(C) "Employer" means any person who, directly or indirectly,	2028
engages an executive agency lobbyist.	2029

(D) "Engage" means to make any arrangement, and "engagement"	2030
means arrangement, whereby an individual is employed or retained	2031
for compensation to act for or on behalf of an employer to	2032
influence executive agency decisions or to conduct any executive	2033
agency lobbying activity.	2034

(E) "Financial transaction" means a transaction or activity	2035
that is conducted or undertaken for profit and arises from the	2036
joint ownership or the ownership or part ownership in common of	2037
any real or personal property or any commercial or business	2038
enterprise of whatever form or nature between the following:	2039

(1) An executive agency lobbyist, ~~his~~the executive agency	2040
lobbyist's employer, or a member of the immediate family of the	2041
executive agency lobbyist or ~~his~~the executive agency lobbyist's	2042
employer; and	2043

(2) Any elected executive official, the director of a	2044
department created under section 121.02 of the Revised Code, an	2045
executive agency official, or any member of the staff of a public	2046
officer or employee listed in division (E)(2) of this section.	2047

"Financial transaction" does not include any transaction or	2048
activity described in division (E) of this section if it is	2049
available to the general public on the same terms, or if it is an	2050
offer or sale of securities to any person listed in division	2051
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	2052
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	2053
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	2054
following, or that is governed by a comparable provision under	2055
state law.	2056

(F) "Executive agency" means the office of an elected	2057
executive official, a department created under section 121.02 of	2058
the Revised Code, or any other state agency, department, board, or	2059
commission controlled or directed by an elected executive official	2060
or otherwise subject to ~~his~~an elected executive official's	2061
authority. "Executive agency" does not include any court, the	2062
general assembly, or the controlling board.	2063

(G) "Executive agency decision" means a decision of an	2064
executive agency regarding the expenditure of funds of the state	2065
or of an executive agency with respect to the award of a contract,	2066
grant, lease, or other financial arrangement under which such	2067
funds are distributed or allocated, or a regulatory decision of an	2068
executive agency or any board or commission of the state.	2069
"Executive agency decision" does not include either of the	2070
following:	2071

(1) A purchasing decision for which a vendor has filed a	2072
statement certifying that hethe vendor has not made campaign	2073
contributions in an amount such that section 3517.13 of the	2074
Revised Code would invalidate the decision, if that vendor has not	2075
engaged an executive agency lobbyist;	2076

(2) The award of a competitively bid contract for which bid	2077
specifications were prepared and for which at least three eligible	2078
competitive bids were received by the executive agency.	2079

(H) "Executive agency lobbyist" means any person engaged to	2080
influence executive agency decisions or to conduct executive	2081
agency lobbying activity as one of ~~his~~the person's main purposes	2082
on a regular and substantial basis. "Executive agency lobbyist"	2083
does not include an elected or appointed officer or employee of a	2084
federal or state agency, state college, state university, or	2085
political subdivision who attempts to influence or affect	2086
executive agency decisions in ~~his~~a fiduciary capacity as a	2087
representative of ~~his~~the officer's or employee's agency, college,	2088
university, or political subdivision.	2089

(I) "Executive agency lobbying activity" means contacts made	2090
to promote, oppose, or otherwise influence the outcome of an	2091
executive agency decision by direct communication with an elected	2092
executive official, the director of any department listed in	2093
section 121.02 of the Revised Code, any executive agency official,	2094
or a member of the staff of any public officer or employee listed	2095
in this division, or the Ohio casino control commission. "Lobbying	2096
activity" does not include any of the following:	2097

(1) The action of any person having a direct interest in	2098
executive agency decisions who, under Section 3 of Article I, Ohio	2099
Constitution, assembles together with other persons to consult for	2100
their common good, instructs a person listed in the first	2101
paragraph of division (I) of this section, or petitions such a	2102
person for the redress of grievances;	2103

(2) Contacts made for the sole purpose of gathering	2104
information contained in a public record;	2105

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

2106

(J) "Executive agency official" means an officer or employee	2107
of an executive agency whose principal duties are to formulate	2108
policy or to participate directly or indirectly in the	2109
preparation, review, or award of contracts, grants, leases, or	2110
other financial arrangements with an executive agency.	2111

(K) "Aggrieved party" means a party entitled to resort to a	2112
remedy.	2113

(L) "Elected executive official" means the governor,	2114
lieutenant governor, secretary of state, auditor of state,	2115
treasurer of state, and the attorney general.	2116

(M) "Staff" means any officer or employee of an executive	2117
agency whose official duties are to formulate policy and who	2118
exercises administrative or supervisory authority or who	2119
authorizes the expenditure of state funds.	2120

Sec. 122.014. (A) The department of development shall	2121
coordinate with the secretary of state to create a single online	2122
small business resource center on the department's internet web	2123
site as a central location to provide a small business in this	2124
state with information relevant to small businesses and their	2125
operations. The online small business resource center shall	2126
provide direct information or an electronic link to information on	2127
at least the following:	2128

(1) Steps to starting a small business in this state;

2129

(2) Workforce availability for small businesses in this	2130
state;	2131

(3) Regulatory requirements for small businesses in this	2132
state;	2133

(4) Required licenses and permits for small businesses in	2134
this state;	2135

(5) Loan and financing opportunities for small businesses in	2136
this state;	2137

(6) Tax requirements, deadlines, and forms applicable to	2138
small businesses in this state;	2139

(7) Small business advocacy opportunities;

2140

(8) Questions frequently asked by small businesses;

2141

(9) The Ohio business gateway;

2142

(10) State procurement opportunities for small businesses in	2143
this state;	2144

(11) Workers' compensation requirements for small businesses	2145
in this state.	2146

(B) The online small business resource center shall enable a	2147
person to register to receive regular electronic updates made to	2148
the online small business resource center. However, no	2149
registration shall be required for a person to access information	2150
on the online small business resource center.	2151

(C) The department shall annually consult or survey small	2152
business groups in this state to assess available online resources	2153
and to gather information and suggestions on useful online	2154
resources for small businesses in this state.	2155

(D) The department shall prominently include for each	2156
reference or item on the online small business resource center the	2157
date in which the reference or item was most recently updated.	2158

Sec. 122.045. The director of development shall establish,	2159
and thereafter shall maintain and improve, an urban workforce	2160
development initiative. The director shall use money in the urban	2161
workforce development fund, which is created in the state	2162
treasury, to establish and administer a competitive process for	2163
making grants under the initiative to one or more entities that	2164
meet criteria determined by the director. The director shall enter	2165
into contracts with grantees under which the grantees develop and	2166
administer programs that reimburse eligible employers for	2167
qualified wage expenditures incurred in connection with the hiring	2168
of eligible employees. An eligible employer shall submit to the	2169
director its proposed wage expenditures, which the director shall	2170
approve if the director determines the expenditures to be	2171
qualified under the initiative.	2172

An individual is an "eligible employee" if the individual has	2173
been hired by an eligible employer who is eligible to receive	2174
reimbursements under the workforce development initiative, the	2175
individual, at the time of hiring, resides in the city in which	2176
the eligible employer's business is located, and the individual	2177
either: (1) was unemployed immediately before being hired by the	2178
eligible employer and, during the period of employment with the	2179
eligible employer, engages in a skills training program that has	2180
been approved by the director or (2) recently graduated from an	2181
educational program relevant to the employment that, upon	2182
completion of the program, granted a degree or certificate to the	2183
individual. The degree or certificate shall have been issued by a	2184
state institution of higher education as defined in section	2185
3345.011 of the Revised Code or otherwise approved by the	2186
director.	2187

An employer is an "eligible employer" if the employer	2188
operates a business that is located in an Ohio city having more	2189
than thirty thousand individuals whose incomes are below one	2190
hundred eighty-five per cent of the poverty rate determined by the	2191
United States bureau of the census in the 2006-2008 American	2192
community survey.	2193

The contracts between the director and the grantees shall	2194
obligate the grantees to encourage eligible employers to enter	2195
into partnerships with cooperative education programs and	2196
internship programs under section 3333.71 of the Revised Code in	2197
conjunction with participation in the urban workforce development	2198
initiative.	2199

The director shall adopt, and may amend and rescind, rules	2200
under Chapter 119. of the Revised Code as are necessary to carry	2201
out the urban workforce development initiative.	2202

Sec. 122.09. (A) The director of development, not later than	2203
July 31, 2011, may compile a report identifying companies formerly	2204
based in Ohio with at least one hundred employees that in the year	2205
2010 relocated outside of this state. Information to be included	2206
in the report shall include, but not be limited to, all of the	2207
following:	2208

(1) The name of the departed or departing company;

2209

(2) The line of business in which the company was or is	2210
engaged;	2211

(3) Location in Ohio from which the company departed or is	2212
departing;	2213

(4) Location to which the company departed or is departing;

2214

(5) The date of the relocation;

2215

(6) Reasons for the company's relocation;

2216

(7) Overhead the company contributed to Ohio, such as	2217
employment, tax base, or community service;	2218

(8) Costs Ohio incurred due to the company, such as tax	2219
incentives or nuisance;	2220

(9) Any other information the director of development	2221
believes will help create a model of relocations of companies that	2222
are departing or have departed this state.	2223

(B) The director of development shall develop a questionnaire	2224
that may be submitted to and returned by companies that have	2225
relocated, or that are relocating, outside of this state to	2226
acquire the information required to be included in the report,	2227
including the reasons that the companies have decided to leave	2228
Ohio.	2229

(C) Upon completion of the report, the director shall submit	2230
a copy of the report to the president, minority leader, and clerk	2231
of the senate and to the speaker, minority leader, and clerk of	2232
the house of representatives.	2233

Sec. 1705.48. Except as otherwise provided by this chapter	2234
or any other provision of the Revised Code, including, but not	2235
limited to, sections 3734.908, 5739.33, 5743.57, 5747.07, and	2236
~~5753.09~~5753.02 of the Revised Code, all of the following apply:	2237

(A) The debts, obligations, and liabilities of a limited	2238
liability company, whether arising in contract, tort, or	2239
otherwise, are solely the debts, obligations, and liabilities of	2240
the limited liability company.	2241

(B) Neither the members of the limited liability company nor	2242
any managers of the limited liability company are personally	2243
liable to satisfy any judgment, decree, or order of a court for,	2244
or are personally liable to satisfy in any other manner, a debt,	2245
obligation, or liability of the company solely by reason of being	2246
a member or manager of the limited liability company.	2247

(C) Nothing in this chapter affects any personal liability of	2248
a member of a limited liability company or any manager of a	2249
limited liability company for the member's or manager's own	2250
actions or omissions.	2251

(D) This chapter does not affect any statutory or common law	2252
of this or another state that pertains to the relationship between	2253
an individual who renders a professional service and a recipient	2254
of that service, including, but not limited to, any contract or	2255
tort liability arising out of acts or omissions committed or	2256
omitted during the course of rendering the professional service.	2257

Sec. 2915.01. As used in this chapter:

2258

(A) "Bookmaking" means the business of receiving or paying	2259
off bets.	2260

(B) "Bet" means the hazarding of anything of value upon the	2261
result of an event, undertaking, or contingency, but does not	2262
include a bona fide business risk.	2263

(C) "Scheme of chance" means a slot machine, lottery, numbers	2264
game, pool conducted for profit, or other scheme in which a	2265
participant gives a valuable consideration for a chance to win a	2266
prize, but does not include bingo, a skill-based amusement	2267
machine, or a pool not conducted for profit.	2268

(D) "Game of chance" means poker, craps, roulette, or other	2269
game in which a player gives anything of value in the hope of	2270
gain, the outcome of which is determined largely by chance, but	2271
does not include bingo.	2272

(E) "Game of chance conducted for profit" means any game of	2273
chance designed to produce income for the person who conducts or	2274
operates the game of chance, but does not include bingo. As used	2275
in this division, "income" includes consideration paid by	2276
participants for admission to any location where games of chance	2277
are conducted.	2278

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

2279

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

2280

(2) A ticket, token, or other device representing a chance,	2281
share, or interest in a scheme of chance or evidencing a bet;	2282

(3) A deck of cards, dice, gaming table, roulette wheel, slot	2283
machine, or other apparatus designed for use in connection with a	2284
game of chance;	2285

(4) Any equipment, device, apparatus, or paraphernalia	2286
specially designed for gambling purposes;	2287

(5) Bingo supplies sold or otherwise provided, or used, in	2288
violation of this chapter.	2289

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

2290

(1) A violation of section 2915.02, 2915.03, 2915.04,	2291
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.083,	2292
2915.09, 2915.091, 2915.092, 2915.093, 2915.094, 2915.10, or	2293
2915.101, 2915.11, or 2915.13 of the Revised Code;	2294

(2) A violation of an existing or former municipal ordinance	2295
or law of this or any other state or the United States	2296
substantially equivalent to any section listed in division (G)(1)	2297
of this section or a violation of section 2915.06 of the Revised	2298
Code as it existed prior to July 1, 1996;	2299

(3) An offense under an existing or former municipal	2300
ordinance or law of this or any other state or the United States,	2301
of which gambling is an element;	2302

(4) A conspiracy or attempt to commit, or complicity in	2303
committing, any offense under division (G)(1), (2), or (3) of this	2304
section.	2305

(H) Except as otherwise provided in this chapter, "charitable	2306
organization" means any tax exempt religious, educational,	2307
veteran's, fraternal, sporting, service, nonprofit medical,	2308
volunteer rescue service, volunteer firefighter's, senior	2309
citizen's, historic railroad educational, youth athletic, amateur	2310
athletic, or youth athletic park organization. An organization is	2311
tax exempt if the organization is, and has received from the	2312
internal revenue service a determination letter that currently is	2313
in effect stating that the organization is, exempt from federal	2314
income taxation under subsection 501(a) and described in	2315
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	2316
501(c)(19) of the Internal Revenue Code, or if the organization is	2317
a sporting organization that is exempt from federal income	2318
taxation under subsection 501(a) and is described in subsection	2319
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	2320
organization, an organization, except a volunteer rescue service	2321
or, volunteer firefighter's, veteran's, or fraternal organization,	2322
shall have been in continuous existence as such in this state for	2323
a period of two years immediately preceding either the making of	2324
an application for a bingo license under section 2915.08 of the	2325
Revised Code or the conducting of any game of chance as provided	2326
in division (D) of section 2915.02 or in section 2915.14 or	2327
conducting a raffle as provided in section 2915.092 of the Revised	2328
Code. A charitable organization that is exempt from federal income	2329
taxation under subsection 501(a) and described in subsection	2330
501(c)(3) of the Internal Revenue Code and that is created by a	2331
veteran's organization, a fraternal organization, or a sporting	2332
organization does not have to have been in continuous existence as	2333
such in this state for a period of two years immediately preceding	2334
either the making of an application for a bingo license under	2335
section 2915.08 of the Revised Code or the conducting of any game	2336
of chance as provided in division (D) of section 2915.02 or in	2337
section 2915.14 of the Revised Code.	2338

(I) "Religious organization" means any church, body of	2339
communicants, or group that is not organized or operated for	2340
profit and that gathers in common membership for regular worship	2341
and religious observances.	2342

(J) "Educational organization" means any organization within	2343
this state that is not organized for profit, the primary purpose	2344
of which is to educate and develop the capabilities of individuals	2345
through instruction by means of operating or contributing to the	2346
support of a school, academy, college, or university.	2347

(K) "Veteran's organization" means any individual post or	2348
state headquarters of a national veteran's association or an	2349
auxiliary unit of any individual post of a national veteran's	2350
association, which post, state headquarters, or auxiliary unit ~~has~~	2351
~~been in continuous existence in this state for at least two years~~	2352
~~and~~is incorporated as a nonprofit corporation and either has	2353
received a letter from the state headquarters of the national	2354
veteran's association indicating that the individual post or	2355
auxiliary unit is in good standing with the national veteran's	2356
association or has received a letter from the national veteran's	2357
association indicating that the state headquarters is in good	2358
standing with the national veteran's association. As used in this	2359
division, "national veteran's association" means any veteran's	2360
association that has been in continuous existence as such for a	2361
period of at least five years and either is incorporated by an act	2362
of the United States congress or has a national dues-paying	2363
membership of at least five thousand persons.	2364

(L) "Volunteer firefighter's organization" means any	2365
organization of volunteer firefighters, as defined in section	2366
146.01 of the Revised Code, that is organized and operated	2367
exclusively to provide financial support for a volunteer fire	2368
department or a volunteer fire company and that is recognized or	2369
ratified by a county, municipal corporation, or township.	2370

(M) "Fraternal organization" means any society, order, state	2371
headquarters, or association within this state, except a college	2372
or high school fraternity, that is not organized for profit, that	2373
is a branch, lodge, or chapter of a national or state	2374
organization, that exists exclusively for the common business or	2375
sodality of its members~~, and that has been in continuous existence~~	2376
~~in this state for a period of five years~~.	2377

(N) "Volunteer rescue service organization" means any	2378
organization of volunteers organized to function as an emergency	2379
medical service organization, as defined in section 4765.01 of the	2380
Revised Code.	2381

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

2382

(1) Any organization, not organized for profit, that is	2383
organized and operated exclusively to provide, or to contribute to	2384
the support of organizations or institutions organized and	2385
operated exclusively to provide, medical and therapeutic services	2386
for persons who are crippled, born with birth defects, or have any	2387
other mental or physical defect or those organized and operated	2388
exclusively to protect, or to contribute to the support of	2389
organizations or institutions organized and operated exclusively	2390
to protect, animals from inhumane treatment or provide immediate	2391
shelter to victims of domestic violence;	2392

(2) Any organization that is described in subsection	2393
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2394
and is either a governmental unit or an organization that is tax	2395
exempt under subsection 501(a) and described in subsection	2396
501(c)(3) of the Internal Revenue Code and that is an	2397
organization, not organized for profit, that is organized and	2398
operated primarily to provide, or to contribute to the support of	2399
organizations or institutions organized and operated primarily to	2400
provide, medical and therapeutic services for persons who are	2401
crippled, born with birth defects, or have any other mental or	2402
physical defect.	2403

(P) "Nonprofit medical organization" means either of the	2404
following:	2405

(1) Any organization that has been incorporated as a	2406
nonprofit corporation for at least five years and that has	2407
continuously operated and will be operated exclusively to provide,	2408
or to contribute to the support of organizations or institutions	2409
organized and operated exclusively to provide, hospital, medical,	2410
research, or therapeutic services for the public;	2411

(2) Any organization that is described and qualified under	2412
subsection 501(c)(3) of the Internal Revenue Code, that has been	2413
incorporated as a nonprofit corporation for at least five years,	2414
and that has continuously operated and will be operated primarily	2415
to provide, or to contribute to the support of organizations or	2416
institutions organized and operated primarily to provide,	2417
hospital, medical, research, or therapeutic services for the	2418
public.	2419

(Q) "Senior citizen's organization" means any private	2420
organization, not organized for profit, that is organized and	2421
operated exclusively to provide recreational or social services	2422
for persons who are fifty-five years of age or older and that is	2423
described and qualified under subsection 501(c)(3) of the Internal	2424
Revenue Code.	2425

(R) "Charitable bingo game" means any bingo game described in	2426
division (S)(1) or (2) of this section that is conducted by a	2427
charitable organization that has obtained a license pursuant to	2428
section 2915.08 of the Revised Code and the proceeds of which are	2429
used for a charitable purpose.	2430

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

2431

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

2432

(a) The participants use bingo cards or sheets, including	2433
paper formats and electronic representation or image formats, that	2434
are divided into twenty-five spaces arranged in five horizontal	2435
and five vertical rows of spaces, with each space, except the	2436
central space, being designated by a combination of a letter and a	2437
number and with the central space being designated as a free	2438
space.	2439

(b) The participants cover the spaces on the bingo cards or	2440
sheets that correspond to combinations of letters and numbers that	2441
are announced by a bingo game operator.	2442

(c) A bingo game operator announces combinations of letters	2443
and numbers that appear on objects that a bingo game operator	2444
selects by chance, either manually or mechanically, from a	2445
receptacle that contains seventy-five objects at the beginning of	2446
each game, each object marked by a different combination of a	2447
letter and a number that corresponds to one of the seventy-five	2448
possible combinations of a letter and a number that can appear on	2449
the bingo cards or sheets.	2450

(d) The winner of the bingo game includes any participant who	2451
properly announces during the interval between the announcements	2452
of letters and numbers as described in division (S)(1)(c) of this	2453
section, that a predetermined and preannounced pattern of spaces	2454
has been covered on a bingo card or sheet being used by the	2455
participant.	2456

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

2457

(T) "Conduct" means to back, promote, organize, manage, carry	2458
on, sponsor, or prepare for the operation of bingo or a game of	2459
chance.	2460

(U) "Bingo game operator" means any person, except security	2461
personnel, who performs work or labor at the site of bingo,	2462
including, but not limited to, collecting money from participants,	2463
handing out bingo cards or sheets or objects to cover spaces on	2464
bingo cards or sheets, selecting from a receptacle the objects	2465
that contain the combination of letters and numbers that appear on	2466
bingo cards or sheets, calling out the combinations of letters and	2467
numbers, distributing prizes, selling or redeeming instant bingo	2468
tickets or cards, supervising the operation of a punch board,	2469
selling raffle tickets, selecting raffle tickets from a receptacle	2470
and announcing the winning numbers in a raffle, and preparing,	2471
selling, and serving food or beverages.	2472

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

2473

(W) "Bingo session" means a period that includes both of the	2474
following:	2475

(1) Not to exceed five continuous hours for the conduct of	2476
one or more games described in division (S)(1) of this section,	2477
instant bingo, and seal cards;	2478

(2) A period for the conduct of instant bingo and seal cards	2479
for not more than two hours before and not more than two hours	2480
after the period described in division (W)(1) of this section.	2481

(X) "Gross receipts" means all money or assets, including	2482
admission fees, that a person receives from bingo without the	2483
deduction of any amounts for prizes paid out or for the expenses	2484
of conducting bingo. "Gross receipts" does not include any money	2485
directly taken in from the sale of food or beverages by a	2486
charitable organization conducting bingo, or by a bona fide	2487
auxiliary unit or society of a charitable organization conducting	2488
bingo, provided ~~all~~both of the following apply:	2489

(1) ~~The auxiliary unit or society has been in existence as a~~	2490
~~bona fide auxiliary unit or society of the charitable organization~~	2491
~~for at least two years prior to conducting bingo.~~	2492

~~(2)~~ The person who purchases the food or beverage receives	2493
nothing of value except the food or beverage and items customarily	2494
received with the purchase of that food or beverage.	2495

~~(3)~~(2) The food and beverages are sold at customary and	2496
reasonable prices.	2497

(Y) "Security personnel" includes any person who either is a	2498
sheriff, deputy sheriff, marshal, deputy marshal, township	2499
constable, or member of an organized police department of a	2500
municipal corporation or has successfully completed a peace	2501
officer's training course pursuant to sections 109.71 to 109.79 of	2502
the Revised Code and who is hired to provide security for the	2503
premises on which bingo is conducted.	2504

(Z) "Charitable purpose" means that the net profit of bingo,	2505
other than instant bingo, is used by, or is given, donated, or	2506
otherwise transferred to, any of the following:	2507

(1) Any organization that is described in subsection	2508
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2509
and is either a governmental unit or an organization that is tax	2510
exempt under subsection 501(a) and described in subsection	2511
501(c)(3) of the Internal Revenue Code;	2512

(2) A veteran's organization that is a post, chapter, or	2513
organization of veterans, or an auxiliary unit or society of, or a	2514
trust or foundation for, any such post, chapter, or organization	2515
organized in the United States or any of its possessions, at least	2516
seventy-five per cent of the members of which are veterans and	2517
substantially all of the other members of which are individuals	2518
who are spouses, widows, or widowers of veterans, or such	2519
individuals, provided that no part of the net earnings of such	2520
post, chapter, or organization inures to the benefit of any	2521
private shareholder or individual, and further provided that the	2522
net profit is used by the post, chapter, or organization for the	2523
charitable purposes set forth in division (B)(12) of section	2524
5739.02 of the Revised Code, is used for awarding scholarships to	2525
or for attendance at an institution mentioned in division (B)(12)	2526
of section 5739.02 of the Revised Code, is donated to a	2527
governmental agency, or is used for nonprofit youth activities,	2528
the purchase of United States or Ohio flags that are donated to	2529
schools, youth groups, or other bona fide nonprofit organizations,	2530
promotion of patriotism, or disaster relief;	2531

(3) A fraternal organization that has been in continuous	2532
existence in this state for fifteen years and that uses the net	2533
profit exclusively for religious, charitable, scientific,	2534
literary, or educational purposes, or for the prevention of	2535
cruelty to children or animals, if contributions for such use	2536
would qualify as a deductible charitable contribution under	2537
subsection 170 of the Internal Revenue Code;	2538

(4) A volunteer firefighter's organization that uses the net	2539
profit for the purposes set forth in division (L) of this section.	2540

(AA) "Internal Revenue Code" means the "Internal Revenue Code	2541
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	2542
amended.	2543

(BB) "Youth athletic organization" means any organization,	2544
not organized for profit, that is organized and operated	2545
exclusively to provide financial support to, or to operate,	2546
athletic activities for persons who are twenty-one years of age or	2547
younger by means of sponsoring, organizing, operating, or	2548
contributing to the support of an athletic team, club, league, or	2549
association.	2550

(CC) "Youth athletic park organization" means any	2551
organization, not organized for profit, that satisfies both of the	2552
following:	2553

(1) It owns, operates, and maintains playing fields that	2554
satisfy both of the following:	2555

(a) The playing fields are used at least one hundred days per	2556
year for athletic activities by one or more organizations, not	2557
organized for profit, each of which is organized and operated	2558
exclusively to provide financial support to, or to operate,	2559
athletic activities for persons who are eighteen years of age or	2560
younger by means of sponsoring, organizing, operating, or	2561
contributing to the support of an athletic team, club, league, or	2562
association.	2563

(b) The playing fields are not used for any profit-making	2564
activity at any time during the year.	2565

(2) It uses the proceeds of bingo it conducts exclusively for	2566
the operation, maintenance, and improvement of its playing fields	2567
of the type described in division (CC)(1) of this section.	2568

(DD) "Amateur athletic organization" means any organization,	2569
not organized for profit, that is organized and operated	2570
exclusively to provide financial support to, or to operate,	2571
athletic activities for persons who are training for amateur	2572
athletic competition that is sanctioned by a national governing	2573
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	2574
3045, 36 U.S.C.A. 373.	2575

(EE) "Bingo supplies" means bingo cards or sheets; instant	2576
bingo tickets or cards; electronic bingo aids; raffle tickets;	2577
punch boards; seal cards; instant bingo ticket dispensers; ~~and~~	2578
devices for selecting or displaying the combination of bingo	2579
letters and numbers or raffle tickets; and durable bingo	2580
equipment. Items that are "bingo supplies" are not gambling	2581
devices if sold or otherwise provided, and used, in accordance	2582
with this chapter. For purposes of this chapter, "bingo supplies"	2583
are not to be considered equipment, such as tables and chairs,	2584
used to conduct a bingo game.	2585

(FF) "Instant bingo" means a form of bingo that uses folded	2586
or banded tickets or paper cards with perforated break-open tabs,	2587
a face of which is covered or otherwise hidden from view to	2588
conceal a number, letter, or symbol, or set of numbers, letters,	2589
or symbols, some of which have been designated in advance as prize	2590
winners, and games in which winners are determined by the random	2591
selection of one or more bingo numbers, by the use of a seal card	2592
or bingo blower. "Instant bingo" includes seal cards. "Instant	2593
bingo" does not include any device that is activated by the	2594
insertion of a coin, currency, token, or an equivalent, and that	2595
contains as one of its components a video display monitor that is	2596
capable of displaying numbers, letters, symbols, or characters in	2597
winning or losing combinations.	2598

(GG) "Seal card" means a form of instant bingo that uses	2599
instant bingo tickets in conjunction with a board or placard that	2600
contains one or more seals that, when removed or opened, reveal	2601
predesignated winning numbers, letters, or symbols.	2602

(HH) "Raffle" means a form of bingo in which the one or more	2603
prizes are won by one or more persons who have purchased a raffle	2604
ticket. The one or more winners of the raffle are determined by	2605
drawing a ticket stub or other detachable section from a	2606
receptacle containing ticket stubs or detachable sections	2607
corresponding to all tickets sold for the raffle.	2608

(II) "Punch board" means a board containing a number of holes	2609
or receptacles of uniform size in which are placed, mechanically	2610
and randomly, serially numbered slips of paper that may be punched	2611
or drawn from the hole or receptacle when used in conjunction with	2612
instant bingo. A player may punch or draw the numbered slips of	2613
paper from the holes or receptacles and obtain the prize	2614
established for the game if the number drawn corresponds to a	2615
winning number or, if the punch board includes the use of a seal	2616
card, a potential winning number.	2617

(JJ) "Gross profit" means gross receipts minus the amount	2618
actually expended for the payment of prize awards.	2619

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

2620

(LL) "Expenses" means the reasonable amount of gross profit	2621
actually expended for all of the following:	2622

(1) The purchase or lease of bingo supplies;

2623

(2) The annual license fee required under section 2915.08 of	2624
the Revised Code;	2625

(3) Bank fees and service charges for a bingo session or game	2626
account described in section 2915.10 of the Revised Code;	2627

(4) Audits and accounting services;

2628

(5) Safes;

2629

(6) Cash registers;

2630

(7) Hiring security personnel;

2631

(8) Advertising bingo;

2632

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

2633

(10) Tables and chairs;

2634

(11) Expenses for maintaining and operating a charitable	2635
organization's facilities, including, but not limited to, a post	2636
home, club house, lounge, tavern, or canteen and any grounds	2637
attached to the post home, club house, lounge, tavern, or canteen;	2638

(12) Payment of real property taxes and assessments that are	2639
levied on a premises on which bingo is conducted;	2640

(13) Any other product or service directly related to the	2641
conduct of bingo that is authorized in rules adopted by the	2642
attorney general under division (B)(1) of section 2915.08 of the	2643
Revised Code.	2644

(MM) "Person" has the same meaning as in section 1.59 of the	2645
Revised Code and includes any firm or any other legal entity,	2646
however organized.	2647

(NN) "Revoke" means to void permanently all rights and	2648
privileges of the holder of a license issued under section	2649
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or	2650
a charitable gaming license issued by another jurisdiction.	2651

(OO) "Suspend" means to interrupt temporarily all rights and	2652
privileges of the holder of a license issued under section	2653
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or	2654
a charitable gaming license issued by another jurisdiction.	2655

(PP) "Distributor" means any person who purchases or obtains	2656
bingo supplies and who does either of the following:	2657

(1) Sells, offers for sale, or otherwise provides or offers	2658
to provide the bingo supplies to another person for use in this	2659
state, except that this division does not apply to a licensed	2660
lessor providing durable bingo equipment to charitable	2661
organizations in compliance with section 2915.083 of the Revised	2662
Code;	2663

(2) Modifies, converts, adds to, or removes parts from the	2664
bingo supplies to further their promotion or sale for use in this	2665
state.	2666

(QQ) "Manufacturer" means any person who assembles completed	2667
bingo supplies from raw materials, other items, or subparts or who	2668
modifies, converts, adds to, or removes parts from bingo supplies	2669
to further their promotion or sale.	2670

(RR) "Gross annual revenues" means the annual gross receipts	2671
derived from the conduct of bingo described in division (S)(1) of	2672
this section plus the annual net profit derived from the conduct	2673
of bingo described in division (S)(2) of this section.	2674

(SS) "Instant bingo ticket dispenser" means a mechanical	2675
device that dispenses an instant bingo ticket or card as the sole	2676
item of value dispensed and that has the following	2677
characteristics:	2678

(1) It is activated upon the insertion of United States	2679
currency.	2680

(2) It performs no gaming functions.

2681

(3) It does not contain a video display monitor or generate	2682
noise.	2683

(4) It is not capable of displaying any numbers, letters,	2684
symbols, or characters in winning or losing combinations.	2685

(5) It does not simulate or display rolling or spinning	2686
reels.	2687

(6) It is incapable of determining whether a dispensed bingo	2688
ticket or card is a winning or nonwinning ticket or card and	2689
requires a winning ticket or card to be paid by a bingo game	2690
operator.	2691

(7) It may provide accounting and security features to aid in	2692
accounting for the instant bingo tickets or cards it dispenses.	2693

(8) It is not part of an electronic network and is not	2694
interactive.	2695

(TT)(1) "Electronic bingo aid" means an electronic device	2696
used by a participant to monitor bingo cards or sheets purchased	2697
at the time and place of a bingo session and that does all of the	2698
following:	2699

(a) It provides a means for a participant to input numbers	2700
and letters announced by a bingo caller.	2701

(b) It compares the numbers and letters entered by the	2702
participant to the bingo faces previously stored in the memory of	2703
the device.	2704

2705

(2) "Electronic bingo aid" does not include any device into	2706
which a coin, currency, token, or an equivalent is inserted to	2707
activate play.	2708

(UU) "Deal of instant bingo tickets" means a single game of	2709
instant bingo tickets all with the same serial number.	2710

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

2711

(a) Any mechanical, electronic, video, or digital device that	2712
is capable of accepting anything of value, directly or indirectly,	2713
from or on behalf of a player who gives the thing of value in the	2714
hope of gain;	2715

(b) Any mechanical, electronic, video, or digital device that	2716
is capable of accepting anything of value, directly or indirectly,	2717
from or on behalf of a player to conduct ~~or dispense~~ bingo or a	2718
scheme or game of chance.	2719

(2) "Slot machine" does not include a skill-based amusement	2720
machine or an instant bingo ticket dispenser.	2721

(WW) "Net profit from the proceeds of the sale of instant	2722
bingo" means gross profit minus the ordinary, necessary, and	2723
reasonable expense expended for the purchase of instant bingo	2724
supplies and in the case of instant bingo conducted by a	2725
veteran's, fraternal, or sporting organization, the payment by a	2726
veteran's, fraternal, or sporting organization of real property	2727
taxes and assessments levied on the premises in which instant	2728
bingo is conducted.	2729

(XX) "Charitable instant bingo organization" means an	2730
organization that is exempt from federal income taxation under	2731
subsection 501(a) and described in subsection 501(c)(3) of the	2732
Internal Revenue Code and is a charitable organization as defined	2733
in this section. A "charitable instant bingo organization" does	2734
not include a charitable organization that is exempt from federal	2735
income taxation under subsection 501(a) and described in	2736
subsection 501(c)(3) of the Internal Revenue Code and that is	2737
created by a veteran's organization, a fraternal organization, or	2738
a sporting organization in regards to bingo conducted or assisted	2739
by a veteran's organization, a fraternal organization, or a	2740
sporting organization pursuant to section 2915.13 of the Revised	2741
Code.	2742

(YY) "Game flare" means the board or placard that accompanies	2743
each deal of instant bingo tickets and that has printed on or	2744
affixed to it the following information for the game:	2745

(1) The name of the game;

2746

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

2747

(3) The form number;

2748

(4) The ticket count;

2749

(5) The prize structure, including the number of winning	2750
instant bingo tickets by denomination and the respective winning	2751
symbol or number combinations for the winning instant bingo	2752
tickets;	2753

(6) The cost per play;

2754

(7) The serial number of the game.

2755

(ZZ) "Historic railroad educational organization" means an	2756
organization that is exempt from federal income taxation under	2757
subsection 501(a) and described in subsection 501(c)(3) of the	2758
Internal Revenue Code, that owns in fee simple the tracks and the	2759
right of way of a historic railroad that the organization restores	2760
or maintains and on which the organization provides excursions as	2761
part of a program to promote tourism and educate visitors	2762
regarding the role of railroad transportation in Ohio history, and	2763
that received as donations from a charitable organization that	2764
holds a license to conduct bingo under this chapter an amount	2765
equal to at least fifty per cent of that licensed charitable	2766
organization's net proceeds from the conduct of bingo during each	2767
of the five years preceding June 30, 2003. "Historic railroad"	2768
means all or a portion of the tracks and right-of-way of a	2769
railroad that was owned and operated by a for-profit common	2770
carrier in this state at any time prior to January 1, 1950.	2771

(AAA)~~(1)~~ "Skill-based amusement machine" means a mechanical,	2772
video, digital, or electronic device that rewards the player or	2773
players, ~~if at all, only with merchandise prizes or with~~	2774
~~redeemable vouchers redeemable only for merchandise prizes,~~	2775
provided that with respect to rewards for playing the game all of	2776
the following apply:	2777

~~(a) The wholesale value of a merchandise prize awarded as a~~	2778
~~result of the single play of a machine does not exceed ten~~	2779
~~dollars;~~	2780

~~(b) Redeemable vouchers awarded for any single play of a~~	2781
~~machine are not redeemable for a merchandise prize with a~~	2782
~~wholesale value of more than ten dollars;~~	2783

~~(c) Redeemable vouchers are not redeemable for a merchandise~~	2784
~~prize that has a wholesale value of more than ten dollars times~~	2785
~~the fewest number of single plays necessary to accrue the~~	2786
~~redeemable vouchers required to obtain that prize; and~~	2787

~~(d) Any redeemable vouchers or merchandise prizes are~~	2788
~~distributed at the site of the skill-based amusement machine at~~	2789
~~the time of play.~~	2790

~~(2) A device shall not be considered a skill-based amusement~~	2791
~~machine and shall be considered a slot machine if it pays cash or~~	2792
~~one or more of the following apply:~~	2793

~~(a) The ability of a player to succeed at the game is~~	2794
~~impacted by the number or ratio of prior wins to prior losses of~~	2795
~~players playing the game.~~	2796

~~(b) Any reward of redeemable vouchers is not based solely on~~	2797
~~the player achieving the object of the game or the player's score;~~	2798

~~(c) The outcome of the game, or the value of the redeemable~~	2799
~~voucher or merchandise prize awarded for winning the game, can be~~	2800
~~controlled by a source other than any player playing the game.~~	2801

~~(d) The success of any player is or may be determined by a~~	2802
~~chance event that cannot be altered by player actions.~~	2803

~~(e) The ability of any player to succeed at the game is~~	2804
~~determined by game features not visible or known to the player.~~	2805

~~(f) The ability of the player to succeed at the game is~~	2806
~~impacted by the exercise of a skill that no reasonable player~~	2807
~~could exercise.~~	2808

~~(3) All of the following apply to any machine that is~~	2809
~~operated as described in division (AAA)(1) of this section:~~	2810

~~(a) As used in this section, "game" and "play" mean one event~~	2811
~~from the initial activation of the machine until the results of~~	2812
~~play are determined without payment of additional consideration.~~	2813
~~An individual utilizing a machine that involves a single game,~~	2814
~~play, contest, competition, or tournament may be awarded~~	2815
~~redeemable vouchers or merchandise prizes based on the results of~~	2816
~~play.~~	2817

~~(b) Advance play for a single game, play, contest,~~	2818
~~competition, or tournament participation may be purchased. The~~	2819
~~cost of the contest, competition, or tournament participation may~~	2820
~~be greater than a single noncontest, competition, or tournament~~	2821
~~play.~~	2822

~~(c) To the extent that the machine is used in a contest,~~	2823
~~competition, or tournament, that contest, competition, or~~	2824
~~tournament has a defined starting and ending date and is open to~~	2825
~~participants in competition for scoring and ranking results toward~~	2826
~~the awarding of redeemable vouchers or merchandise prizes that are~~	2827
~~stated prior to the start of the contest, competition, or~~	2828
~~tournament.~~	2829

~~(4) For purposes of division (AAA)(1) of this section, the~~	2830
~~mere presence of a device, such as a pin-setting, ball-releasing,~~	2831
~~or scoring mechanism, that does not contribute to or affect the~~	2832
~~outcome of the play of the game does not make the device a~~	2833
~~skill-based amusement machine.~~	2834

~~(BBB) "Merchandise prize" means any item of value, but shall~~	2835
~~not include any of the following:~~	2836

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

2837

~~(2) Plays on games of chance, state lottery tickets, bingo,~~	2838
~~or instant bingo;~~	2839

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

2840

~~(4) A redeemable voucher that is redeemable for any of the~~	2841
~~items listed in division (BBB)(1), (2), or (3) of this section.~~	2842

~~(CCC) "Redeemable voucher" means any ticket, token, coupon,~~	2843
~~receipt, or other noncash representation of value.~~	2844

(1) The player or players have the ability to successfully	2845
complete the game task or objective on each play of the game.	2846

(2) The player or players know or are provided the	2847
opportunity to know the prize or reward of successfully completing	2848
the game task or objective before the start of the game or play.	2849

~~(DDD)~~(BBB) "Pool not conducted for profit" means a scheme in	2850
which a participant gives a valuable consideration for a chance to	2851
win a prize and the total amount of consideration wagered is	2852
distributed to a participant or participants.	2853

~~(EEE)~~(CCC) "Sporting organization" means a hunting, fishing,	2854
or trapping organization, other than a college or high school	2855
fraternity or sorority, that is not organized for profit, that is	2856
affiliated with a state or national sporting organization,	2857
including but not limited to, the Ohio league of sportsmen, and	2858
that has been in continuous existence in this state for a period	2859
of three years.	2860

~~(FFF)~~(DDD) "Community action agency" has the same meaning as	2861
in section 122.66 of the Revised Code.	2862

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

2863

(1) A bingo ball, which is a ball imprinted with numbers and	2864
letters used in the selection process of a bingo game;	2865

(2) A bingo or flash board, which are display boards, usually	2866
electronic, that display numbers and letters after the numbers and	2867
letters are called;	2868

(3) A bingo machine, which is a type of selection device with	2869
a receptacle, or hopper, for the unselected bingo balls, a blower	2870
for selecting the balls, and a ball tray that contains	2871
seventy-five holes in which to place the ball once it is called;	2872

(4) A bingo blower, which is a forced-air device that mixes	2873
the bingo balls and dispenses them to the bingo game operator;	2874

(5) Electronic bingo aids;

2875

(6) Audio-visual equipment, which is electronic equipment	2876
used to play bingo, such as a display monitor;	2877

(7) Instant bingo ticket dispensers.

2878

(FFF) "Lessor" means a person that provides the premises to a	2879
charitable organization for conducting bingo as described in	2880
division (S)(1) of section 2915.01 of the Revised Code for a	2881
rental amount in compliance with division (B)(1) of section	2882
2915.09 of the Revised Code or a person that provides premises to	2883
a charitable instant bingo organization for conducting instant	2884
bingo other than at a bingo session.	2885

(GGG) "Permitted location" means a building leased by a	2886
county in Ohio under a lease pursuant to which charitable	2887
organizations have operated festivals weekly for the eighteen	2888
months immediately preceding the effective date of this section,	2889
at which games of chance were offered.	2890

(HHH) "Charity card room" means a facility at a permitted	2891
location that offers games of chance conducted by a charitable	2892
organization.	2893

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

2894

(1) Engage in bookmaking, or knowingly engage in conduct that	2895
facilitates bookmaking;	2896

(2) Establish, promote, or operate or knowingly engage in	2897
conduct that facilitates any game of chance conducted for profit	2898
or any scheme of chance;	2899

(3) Knowingly procure, transmit, exchange, or engage in	2900
conduct that facilitates the procurement, transmission, or	2901
exchange of information for use in establishing odds or	2902
determining winners in connection with bookmaking or with any game	2903
of chance conducted for profit or any scheme of chance;	2904

(4) Engage in betting or in playing any scheme or game of	2905
chance as a substantial source of income or livelihood;	2906

(5) With purpose to violate division (A)(1), (2), (3), or (4)	2907
of this section, acquire, possess, control, or operate any	2908
gambling device.	2909

(B) For purposes of division (A)(1) of this section, a person	2910
facilitates bookmaking if the person in any way knowingly aids an	2911
illegal bookmaking operation, including, without limitation,	2912
placing a bet with a person engaged in or facilitating illegal	2913
bookmaking. For purposes of division (A)(2) of this section, a	2914
person facilitates a game of chance conducted for profit or a	2915
scheme of chance if the person in any way knowingly aids in the	2916
conduct or operation of any such game or scheme, including,	2917
without limitation, playing any such game or scheme.	2918

(C) This section does not prohibit conduct in connection with	2919
gambling expressly permitted by law.	2920

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

2921

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

2922

(a) The games of chance are not craps for money or roulette	2923
for money.	2924

(b) The games of chance are conducted by a charitable	2925
organization that is, and has received from the internal revenue	2926
service a determination letter that is currently in effect,	2927
stating that the organization is, exempt from federal income	2928
taxation under subsection 501(a) and described in subsection	2929
501(c)(3) of the Internal Revenue Code.	2930

(c) The games of chance are conducted at festivals of the	2931
charitable organization that are conducted either for a period of	2932
four consecutive days or less and not more than twice a year or	2933
for a period of five consecutive days not more than once a year,	2934
and are conducted on premises owned by the charitable organization	2935
for a period of no less than one year immediately preceding the	2936
conducting of the games of chance, on premises leased from a	2937
governmental unit, or on premises that are leased from a veteran's	2938
or fraternal organization and that have been owned by the lessor	2939
veteran's or fraternal organization for a period of no less than	2940
one year immediately preceding the conducting of the games of	2941
chance.	2942

A charitable organization shall not lease premises from a	2943
veteran's or fraternal organization to conduct a festival	2944
described in division (D)(1)(c) of this section if the veteran's	2945
or fraternal organization already has leased the premises ~~four~~	2946
twelve times during the preceding year to charitable organizations	2947
for that purpose. If a charitable organization leases premises	2948
from a veteran's or fraternal organization to conduct a festival	2949
described in division (D)(1)(c) of this section, the charitable	2950
organization shall not pay a rental rate for the premises per day	2951
of the festival that exceeds the rental rate per bingo session	2952
that a charitable organization may pay under division (B)(1) of	2953
section 2915.09 of the Revised Code when it leases premises from	2954
another charitable organization to conduct bingo games.	2955

(d) All of the money or assets received from the games of	2956
chance after deduction only of prizes paid out during the conduct	2957
of the games of chance are used by, or given, donated, or	2958
otherwise transferred to, any organization that is described in	2959
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	2960
Revenue Code and is either a governmental unit or an organization	2961
that is tax exempt under subsection 501(a) and described in	2962
subsection 501(c)(3) of the Internal Revenue Code;	2963

(e) The games of chance are not conducted during, or within	2964
ten hours of, a bingo game conducted for amusement purposes only	2965
pursuant to section 2915.12 of the Revised Code.	2966

No person shall receive any commission, wage, salary, reward,	2967
tip, donation, gratuity, or other form of compensation, directly	2968
or indirectly, for operating or assisting in the operation of any	2969
game of chance.	2970

(2) Any tag fishing tournament operated under a permit issued	2971
under section 1533.92 of the Revised Code, as "tag fishing	2972
tournament" is defined in section 1531.01 of the Revised Code;	2973

(3) Bingo conducted by a charitable organization that holds a	2974
license issued under section 2915.08 of the Revised Code;	2975

(4) Casino gaming as defined by and conducted under Chapter	2976
3772. of the Revised Code.	2977

(E) Division (D) of this section shall not be construed to	2978
authorize the sale, lease, or other temporary or permanent	2979
transfer of the right to conduct games of chance, as granted by	2980
that division, by any charitable organization that is granted that	2981
right.	2982

(F) Whoever violates this section is guilty of gambling, a	2983
misdemeanor of the first degree. If the offender previously has	2984
been convicted of any gambling offense, gambling is a felony of	2985
the fifth degree.	2986

Sec. 2915.061. Any regulation of skill-based amusement	2987
machines shall be governed by ~~this chapter~~Chapter 3772. and not	2988
by Chapter 1345. of the Revised Code.	2989

Sec. 2915.08. (A)(1) Annually before the first day of	2990
January, a charitable organization that desires to conduct bingo,	2991
instant bingo at a bingo session, or instant bingo other than at a	2992
bingo session shall make out, upon a form to be furnished by the	2993
attorney general for that purpose, an application for a license to	2994
conduct bingo, instant bingo at a bingo session, or instant bingo	2995
other than at a bingo session and deliver that application to the	2996
attorney general together with a license fee as follows:	2997

(a) Except as otherwise provided in this division, for a	2998
license for the conduct of bingo, two hundred dollars;	2999

(b) For a license for the conduct of instant bingo at a bingo	3000
session or instant bingo other than at a bingo session for a	3001
charitable organization that previously has not been licensed	3002
under this chapter to conduct instant bingo at a bingo session or	3003
instant bingo other than at a bingo session, a license fee of five	3004
hundred dollars, and for any other charitable organization, a	3005
license fee that is based upon the gross profits received by the	3006
charitable organization from the operation of instant bingo at a	3007
bingo session or instant bingo other than at a bingo session,	3008
during the one-year period ending on the thirty-first day of	3009
October of the year immediately preceding the year for which the	3010
license is sought, and that is one of the following:	3011

(i) Five hundred dollars, if the total is fifty thousand	3012
dollars or less;	3013

(ii) One thousand two hundred fifty dollars plus one-fourth	3014
per cent of the gross profit, if the total is more than fifty	3015
thousand dollars but less than two hundred fifty thousand one	3016
dollars;	3017

(iii) Two thousand two hundred fifty dollars plus one-half	3018
per cent of the gross profit, if the total is more than two	3019
hundred fifty thousand dollars but less than five hundred thousand	3020
one dollars;	3021

(iv) Three thousand five hundred dollars plus one per cent of	3022
the gross profit, if the total is more than five hundred thousand	3023
dollars but less than one million one dollars;	3024

(v) Five thousand dollars plus one per cent of the gross	3025
profit, if the total is one million one dollars or more;	3026

(c) A reduced license fee established by the attorney general	3027
pursuant to division (G) of this section.	3028

(d) For a license to conduct bingo for a charitable	3029
organization that prior to ~~the effective date of this amendment~~	3030
July 1, 2003, has not been licensed under this chapter to conduct	3031
bingo, instant bingo at a bingo session, or instant bingo other	3032
than at a bingo session, a license fee established by rule by the	3033
attorney general in accordance with division (H) of this section.	3034

(2) The application shall be in the form prescribed by the	3035
attorney general, shall be signed and sworn to by the applicant,	3036
and shall contain all of the following:	3037

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

3038

(b) A statement that the applicant is a charitable	3039
organization and that, if applicable, it has been in continuous	3040
existence as a charitable organization in this state for two years	3041
immediately preceding the making of the application or for five	3042
years in the case of ~~a fraternal organization or~~ a nonprofit	3043
medical organization;	3044

(c) The location at which the organization will conduct	3045
bingo, which location shall be within the county in which the	3046
principal place of business of the applicant is located, the days	3047
of the week and the times on each of those days when bingo will be	3048
conducted, whether the organization owns, leases, or subleases the	3049
premises, and a copy of the rental agreement if it leases or	3050
subleases the premises;	3051

(d) A statement of the applicant's previous history, record,	3052
and association that is sufficient to establish that the applicant	3053
is a charitable organization, and a copy of a determination letter	3054
that is issued by the Internal Revenue Service and states that the	3055
organization is tax exempt under subsection 501(a) and described	3056
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	3057
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	3058

(e) A statement as to whether the applicant has ever had any	3059
previous application refused, whether it previously has had a	3060
license revoked or suspended, and the reason stated by the	3061
attorney general for the refusal, revocation, or suspension;	3062

(f) A statement of the charitable purposes for which the net	3063
profit derived from bingo, other than instant bingo, will be used,	3064
and a statement of how the net profit derived from instant bingo	3065
will be distributed in accordance with section 2915.101 of the	3066
Revised Code;	3067

(g) Other necessary and reasonable information that the	3068
attorney general may require by rule adopted pursuant to section	3069
111.15 of the Revised Code;	3070

(h) If the applicant is a charitable trust as defined in	3071
section 109.23 of the Revised Code, a statement as to whether it	3072
has registered with the attorney general pursuant to section	3073
109.26 of the Revised Code or filed annual reports pursuant to	3074
section 109.31 of the Revised Code, and, if it is not required to	3075
do either, the exemption in section 109.26 or 109.31 of the	3076
Revised Code that applies to it;	3077

(i) If the applicant is a charitable organization as defined	3078
in section 1716.01 of the Revised Code, a statement as to whether	3079
it has filed with the attorney general a registration statement	3080
pursuant to section 1716.02 of the Revised Code and a financial	3081
report pursuant to section 1716.04 of the Revised Code, and, if it	3082
is not required to do both, the exemption in section 1716.03 of	3083
the Revised Code that applies to it;	3084

(j) In the case of an applicant seeking to qualify as a youth	3085
athletic park organization, a statement issued by a board or body	3086
vested with authority under Chapter 755. of the Revised Code for	3087
the supervision and maintenance of recreation facilities in the	3088
territory in which the organization is located, certifying that	3089
the playing fields owned by the organization were used for at	3090
least one hundred days during the year in which the statement is	3091
issued, and were open for use to all residents of that territory,	3092
regardless of race, color, creed, religion, sex, or national	3093
origin, for athletic activities by youth athletic organizations	3094
that do not discriminate on the basis of race, color, creed,	3095
religion, sex, or national origin, and that the fields were not	3096
used for any profit-making activity at any time during the year.	3097
That type of board or body is authorized to issue the statement	3098
upon request and shall issue the statement if it finds that the	3099
applicant's playing fields were so used.	3100

(3) The attorney general, within thirty days after receiving	3101
a timely filed application from a charitable organization that has	3102
been issued a license under this section that has not expired and	3103
has not been revoked or suspended, shall send a temporary permit	3104
to the applicant specifying the date on which the application was	3105
filed with the attorney general and stating that, pursuant to	3106
section 119.06 of the Revised Code, the applicant may continue to	3107
conduct bingo until a new license is granted or, if the	3108
application is rejected, until fifteen days after notice of the	3109
rejection is mailed to the applicant. The temporary permit does	3110
not affect the validity of the applicant's application and does	3111
not grant any rights to the applicant except those rights	3112
specifically granted in section 119.06 of the Revised Code. The	3113
issuance of a temporary permit by the attorney general pursuant to	3114
this division does not prohibit the attorney general from	3115
rejecting the applicant's application because of acts that the	3116
applicant committed, or actions that the applicant failed to take,	3117
before or after the issuance of the temporary permit.	3118

(4) Within thirty days after receiving an initial license	3119
application from a charitable organization to conduct bingo,	3120
instant bingo at a bingo session, or instant bingo other than at a	3121
bingo session, the attorney general shall conduct a preliminary	3122
review of the application and notify the applicant regarding any	3123
deficiencies. Once an application is deemed complete, or beginning	3124
on the thirtieth day after the application is filed, if the	3125
attorney general failed to notify the applicant of any	3126
deficiencies, the attorney general shall have an additional sixty	3127
days to conduct an investigation and either grant or deny the	3128
application based on findings established and communicated in	3129
accordance with divisions (B) and (E) of this section. As an	3130
option to granting or denying an initial license application, the	3131
attorney general may grant a temporary license and request	3132
additional time to conduct the investigation if the attorney	3133
general has cause to believe that additional time is necessary to	3134
complete the investigation and has notified the applicant in	3135
writing about the specific concerns raised during the	3136
investigation.	3137

(B)(1) The attorney general shall adopt rules to enforce	3138
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	3139
Code to ensure that bingo or, instant bingo is, games of chance	3140
conducted for profit, and raffles are conducted in accordance with	3141
those sections and to maintain proper control over the conduct of	3142
bingo or, instant bingo, games of chance conducted for profit, and	3143
raffles. The rules, except rules adopted pursuant to divisions	3144
(A)(2)(g) and (G) of this section, shall be adopted pursuant to	3145
Chapter 119. of the Revised Code. The attorney general shall	3146
license charitable organizations to conduct bingo, instant bingo	3147
at a bingo session, or instant bingo other than at a bingo session	3148
in conformance with this chapter and with the licensing provisions	3149
of Chapter 119. of the Revised Code.	3150

(2) The attorney general may refuse to grant a license to any	3151
organization, or revoke or suspend the license of any	3152
organization, that does any of the following or to which any of	3153
the following applies:	3154

(a) Fails or has failed at any time to meet any requirement	3155
of section 109.26, 109.31, or 1716.02, or sections ~~2915.07~~2915.02	3156
to 2915.11 of the Revised Code, or violates or has violated any	3157
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	3158
Code or any rule adopted by the attorney general pursuant to this	3159
section;	3160

(b) Makes or has made an incorrect or false statement that is	3161
material to the granting of the license in an application filed	3162
pursuant to division (A) of this section;	3163

(c) Submits or has submitted any incorrect or false	3164
information relating to an application if the information is	3165
material to the granting of the license;	3166

(d) Maintains or has maintained any incorrect or false	3167
information that is material to the granting of the license in the	3168
records required to be kept pursuant to divisions (A) and (C) of	3169
section 2915.10 of the Revised Code, if applicable;	3170

(e) The attorney general has good cause to believe that the	3171
organization will not conduct bingo, instant bingo at a bingo	3172
session, or instant bingo other than at a bingo session in	3173
accordance with sections 2915.07 to 2915.13 of the Revised Code or	3174
with any rule adopted by the attorney general pursuant to this	3175
section.	3176

(3) For the purposes of division (B) of this section, any	3177
action of an officer, trustee, agent, representative, or bingo	3178
game operator of an organization is an action of the organization.	3179

(C) The attorney general may grant licenses to charitable	3180
organizations that are branches, lodges, or chapters of national	3181
charitable organizations.	3182

(D) The attorney general shall send notice in writing or	3183
provide notice on the attorney general's web site to the	3184
prosecuting attorney and sheriff of the county in which the	3185
organization will conduct bingo, instant bingo at a bingo session,	3186
or instant bingo other than at a bingo session, as stated in its	3187
application for a license or amended license, and to any other law	3188
enforcement agency in that county that so requests, of all of the	3189
following:	3190

(1) The issuance of the license;

3191

(2) The issuance of the amended license;

3192

(3) The rejection of an application for and refusal to grant	3193
a license;	3194

(4) The revocation of any license previously issued;

3195

(5) The suspension of any license previously issued.

3196

(E) A license issued by the attorney general shall set forth	3197
the information contained on the application of the charitable	3198
organization that the attorney general determines is relevant,	3199
including, but not limited to, the location at which the	3200
organization will conduct bingo, instant bingo at a bingo session,	3201
or instant bingo other than at a bingo session and the days of the	3202
week and the times on each of those days when bingo will be	3203
conducted. If the attorney general refuses to grant or revokes or	3204
suspends a license, the attorney general shall notify the	3205
applicant in writing and specifically identify the reason for the	3206
refusal, revocation, or suspension in narrative form and, if	3207
applicable, by identifying the section of the Revised Code	3208
violated. The failure of the attorney general to give the written	3209
notice of the reasons for the refusal, revocation, or suspension	3210
or a mistake in the written notice does not affect the validity of	3211
the attorney general's refusal to grant, or the revocation or	3212
suspension of, a license. If the attorney general fails to give	3213
the written notice or if there is a mistake in the written notice,	3214
the applicant may bring an action to compel the attorney general	3215
to comply with this division or to correct the mistake, but the	3216
attorney general's order refusing to grant, or revoking or	3217
suspending, a license shall not be enjoined during the pendency of	3218
the action.	3219

(F) A charitable organization that has been issued a license	3220
pursuant to division (B) of this section but that cannot conduct	3221
bingo or instant bingo at the location, or on the day of the week	3222
or at the time, specified on the license due to circumstances that	3223
make it impractical to do so may apply in writing, together with	3224
an application fee of two hundred fifty dollars, to the attorney	3225
general, at least thirty days prior to a change in location, day	3226
of the week, or time, and request an amended license. The	3227
application shall describe the causes making it impractical for	3228
the organization to conduct bingo or instant bingo in conformity	3229
with its license and shall indicate the location, days of the	3230
week, and times on each of those days when it desires to conduct	3231
bingo or instant bingo. Except as otherwise provided in this	3232
division, the attorney general shall issue the amended license in	3233
accordance with division (E) of this section, and the organization	3234
shall surrender its original license to the attorney general. The	3235
attorney general may refuse to grant an amended license according	3236
to the terms of division (B) of this section.	3237

(G) The attorney general, by rule adopted pursuant to section	3238
111.15 of the Revised Code, shall establish a schedule of reduced	3239
license fees for charitable organizations that desire to conduct	3240
bingo or instant bingo during fewer than twenty-six weeks in any	3241
calendar year.	3242

(H) The attorney general, by rule adopted pursuant to section	3243
111.15 of the Revised Code, shall establish license fees for the	3244
conduct of bingo, instant bingo at a bingo session, or instant	3245
bingo other than at a bingo session for charitable organizations	3246
that prior to ~~the effective date of this amendment~~July 1, 2003,	3247
have not been licensed to conduct bingo, instant bingo at a bingo	3248
session, or instant bingo other than at a bingo session under this	3249
chapter.	3250

(I) The attorney general may enter into a written contract	3251
with any other state agency to delegate to that state agency the	3252
powers prescribed to the attorney general under Chapter 2915. of	3253
the Revised Code.	3254

(J) The attorney general, by rule adopted pursuant to section	3255
111.15 of the Revised Code, may adopt rules to determine the	3256
requirements for a charitable organization that is exempt from	3257
federal income taxation under subsection 501(a) and described in	3258
subsection 501(c)(3) of the Internal Revenue Code to be in good	3259
standing in the state.	3260

Sec. 2915.081. (A) No distributor shall sell, offer to sell,	3261
or otherwise provide or offer to provide bingo supplies to another	3262
person, or modify, convert, add to, or remove parts from bingo	3263
supplies to further their promotion or sale, for use in this state	3264
without having obtained a license from the attorney general under	3265
this section.	3266

(B) The attorney general may issue a distributor license to	3267
any person that meets the requirements of this section. The	3268
application for the license shall be on a form prescribed by the	3269
attorney general and be accompanied by the annual fee prescribed	3270
by this section. The license is valid for a period of one year,	3271
and the annual fee for the license is five thousand dollars.	3272

(C) The attorney general may refuse to issue a distributor	3273
license to any person to which any of the following applies, or to	3274
any person that has an officer, partner, or other person who has	3275
an ownership interest of ten per cent or more and to whom any of	3276
the following applies:	3277

(1) The person, officer, or partner has been convicted of a	3278
felony under the laws of this state, another state, or the United	3279
States.	3280

(2) The person, officer, or partner has been convicted of any	3281
gambling offense.	3282

(3) The person, officer, or partner has made an incorrect or	3283
false statement that is material to the granting of a license in	3284
an application submitted to the attorney general under this	3285
section or in a similar application submitted to a gambling	3286
licensing authority in another jurisdiction if the statement	3287
resulted in license revocation through administrative action in	3288
the other jurisdiction.	3289

(4) The person, officer, or partner has submitted any	3290
incorrect or false information relating to the application to the	3291
attorney general under this section, if the information is	3292
material to the granting of the license.	3293

(5) The person, officer, or partner has failed to correct any	3294
incorrect or false information that is material to the granting of	3295
the license in the records required to be maintained under	3296
division (E) of section 2915.10 of the Revised Code.	3297

(6) The person, officer, or partner has had a license related	3298
to gambling revoked or suspended under the laws of this state,	3299
another state, or the United States.	3300

(D) The attorney general shall not issue a distributor	3301
license to any person that is involved in the conduct of bingo on	3302
behalf of a charitable organization or that is a lessor of	3303
premises used for the conduct of bingo. This division does not	3304
prohibit a distributor from advising charitable organizations on	3305
the use and benefit of specific bingo supplies or prohibit a	3306
distributor from advising a customer on operational methods to	3307
improve bingo profitability.	3308

(E)(1) No distributor shall sell, offer to sell, or otherwise	3309
provide or offer to provide bingo supplies to any person, or	3310
modify, convert, add to, or remove parts from bingo supplies to	3311
further their promotion or sale, for use in this state except to	3312
or for the use of a charitable organization that has been issued a	3313
license under section 2915.08 of the Revised Code or to another	3314
distributor that has been issued a license under this section, or,	3315
in the case of durable bingo equipment, to a lessor that has been	3316
issued a license under section 2915.083 of the Revised Code. No	3317
distributor shall accept payment for the sale or other provision	3318
of bingo supplies other than by check or electronic fund transfer.	3319

(2) No distributor may donate, give, loan, lease, or	3320
otherwise provide any bingo supplies or equipment, or modify,	3321
convert, add to, or remove parts from bingo supplies to further	3322
their promotion or sale, to or for the use of a charitable	3323
organization for use in a bingo session conditioned on or in	3324
consideration for an exclusive right to provide bingo supplies to	3325
the charitable organization. A distributor may provide a licensed	3326
charitable organization with free samples of the distributor's	3327
products to be used as prizes or to be used for the purpose of	3328
sampling.	3329

(3) No distributor shall purchase bingo supplies for use in	3330
this state from any person except from a manufacturer issued a	3331
license under section 2915.082 of the Revised Code or from another	3332
distributor issued a license under this section. Subject to	3333
division (D) of section 2915.082 of the Revised Code, no	3334
distributor shall pay for purchased bingo supplies other than by	3335
check or electronic fund transfer.	3336

(4) No distributor shall participate in the conduct of bingo	3337
on behalf of a charitable organization or have any direct or	3338
indirect ownership interest in a premises used for the conduct of	3339
bingo.	3340

(5) No distributor shall knowingly solicit, offer, pay, or	3341
receive any kickback, bribe, or undocumented rebate, directly or	3342
indirectly, overtly or covertly, in cash or in kind, in return for	3343
providing bingo supplies to any person in this state.	3344

(F) The attorney general may suspend or revoke a distributor	3345
license for any of the reasons for which the attorney general may	3346
refuse to issue a distributor license specified in division (C) of	3347
this section or if the distributor holding the license violates	3348
any provision of this chapter or any rule adopted by the attorney	3349
general under this chapter.	3350

(G) Whoever violates division (A) or (E) of this section is	3351
guilty of illegally operating as a distributor. Except as	3352
otherwise provided in this division, illegally operating as a	3353
distributor is a misdemeanor of the first degree. If the offender	3354
previously has been convicted of a violation of division (A) or	3355
(E) of this section, illegally operating as a distributor is a	3356
felony of the fifth degree.	3357

Sec. 2915.082. (A) No manufacturer shall sell, offer to	3358
sell, or otherwise provide or offer to provide bingo supplies for	3359
use in this state without having obtained a license from the	3360
attorney general under this section.	3361

(B) The attorney general may issue a manufacturer license to	3362
any person that meets the requirements of this section. The	3363
application for the license shall be on a form prescribed by the	3364
attorney general and be accompanied by the annual fee prescribed	3365
by this section. The license is valid for a period of one year,	3366
and the annual fee for the license is five thousand dollars.	3367

(C) The attorney general may refuse to issue a manufacturer	3368
license to any person to which any of the following applies, or to	3369
any person that has an officer, partner, or other person who has	3370
an ownership interest of ten per cent or more and to whom any of	3371
the following applies:	3372

(1) The person, officer, or partner has been convicted of a	3373
felony under the laws of this state, another state, or the United	3374
States.	3375

(2) The person, officer, or partner has been convicted of any	3376
gambling offense.	3377

(3) The person, officer, or partner has made an incorrect or	3378
false statement that is material to the granting of a license in	3379
an application submitted to the attorney general under this	3380
section or in a similar application submitted to a gambling	3381
licensing authority in another jurisdiction if the statement	3382
resulted in license revocation through administrative action in	3383
the other jurisdiction.	3384

(4) The person, officer, or partner has submitted any	3385
incorrect or false information relating to the application to the	3386
attorney general under this section, if the information is	3387
material to the granting of the license.	3388

(5) The person, officer, or partner has failed to correct any	3389
incorrect or false information that is material to the granting of	3390
the license in the records required to be maintained under	3391
division (F) of section 2915.10 of the Revised Code.	3392

(6) The person, officer, or partner has had a license related	3393
to gambling revoked or suspended under the laws of this state,	3394
another state, or the United States.	3395

(D)(1) No manufacturer shall sell, offer to sell, or	3396
otherwise provide or offer to provide bingo supplies to any person	3397
for use in this state except to a distributor that has been issued	3398
a license under section 2915.081 of the Revised Code. No	3399
manufacturer shall accept payment for the sale of bingo supplies	3400
other than by check or electronic fund transfer.	3401

(2) No manufacturer shall knowingly solicit, offer, pay, or	3402
receive any kickback, bribe, or undocumented rebate, directly or	3403
indirectly, overtly or covertly, in cash or in kind, in return for	3404
providing bingo supplies to any person in this state.	3405

(E)(1) The attorney general may suspend or revoke a	3406
manufacturer license for any of the reasons for which the attorney	3407
general may refuse to issue a manufacturer license specified in	3408
division (C) of this section or if the manufacturer holding the	3409
license violates any provision of this chapter or any rule adopted	3410
by the attorney general under this chapter.	3411

(2) The attorney general may perform an onsite inspection of	3412
a manufacturer of bingo supplies that is selling, offering to	3413
sell, or otherwise providing or offering to provide bingo supplies	3414
or that is applying for a license to sell, offer to sell, or	3415
otherwise provide or offer to provide bingo supplies in this	3416
state.	3417

(F) Whoever violates division (A) or (D) of this section is	3418
guilty of illegally operating as a manufacturer. Except as	3419
otherwise provided in this division, illegally operating as a	3420
manufacturer is a misdemeanor of the first degree. If the offender	3421
previously has been convicted of a violation of division (A) or	3422
(D) of this section, illegally operating as a manufacturer is a	3423
felony of the fifth degree.	3424

Sec. 2915.083. (A) No lessor shall purchase, obtain, possess,	3425
sell, offer to sell, lease, or otherwise provide or offer to	3426
provide durable bingo equipment to another person or lease or	3427
provide premises for the conduct of bingo as described in division	3428
(S)(1) of section 2915.01 of the Revised Code to more than one	3429
charitable organization without having obtained a license from the	3430
attorney general under this section. No license is needed for a	3431
lessor that does not purchase, obtain, possess, sell, offer to	3432
sell, lease, or otherwise provides or offers to provide durable	3433
bingo equipment or leases or provides premises for the conduct of	3434
bingo as described in division (S)(1) of section 2915.01 of the	3435
Revised Code to less than two charitable organizations.	3436

(B) The attorney general may issue a lessor license to any	3437
person that meets the requirements of this section. The	3438
application for the license shall be on a form prescribed by the	3439
attorney general and be accompanied by the annual fee prescribed	3440
by this section. The license is valid for a period of one year,	3441
and the annual fee for the license is five hundred dollars.	3442

(C) The attorney general may refuse to issue a lessor license	3443
to any person to which any of the following applies or to any	3444
person that has an officer, partner, or other person who has an	3445
ownership interest of ten per cent or more and to whom any of the	3446
following applies:	3447

(1) The person, officer, or partner is not a lessor as	3448
defined in section 2915.01 of the Revised Code.	3449

(2) The person, officer, or partner leases or has leased	3450
premises to a charitable organization to conduct bingo as defined	3451
in division (S)(1) of section 2915.01 of the Revised Code in	3452
excess of allowable rental amounts under division (B)(1) of	3453
section 2915.09 of the Revised Code.	3454

(3) The person, officer, or partner provides or has provided	3455
bingo game operators, security personnel, concessions, bingo	3456
supplies other than durable bingo equipment, or any other type of	3457
service to a charitable organization conducting bingo on the	3458
premises.	3459

(4) The person, officer, or partner provides or has provided	3460
durable bingo equipment to a charitable organization conducting	3461
bingo on the premises without first obtaining a license under this	3462
section.	3463

(5) The person, officer, or partner has been convicted of a	3464
felony under the laws of this state, another state, or the United	3465
States.	3466

(6) The person, officer, or partner has been convicted of any	3467
gambling offense.	3468

(7) The person, officer, or partner has made an incorrect or	3469
false statement that is material to the granting of a license in	3470
an application submitted to the attorney general under this	3471
section or in a similar application submitted to a gambling	3472
licensing authority in another jurisdiction if the statement	3473
resulted in license revocation through administrative action in	3474
the other jurisdiction.	3475

(8) The person, officer, or partner has submitted any	3476
incorrect or false information relating to the application to the	3477
attorney general under this section, if the information is	3478
material to the granting of a license.	3479

(9) The person, officer, or partner has failed to correct any	3480
incorrect or false information that is material to the granting of	3481
the license in the records required to be maintained under	3482
division (H) of section 2915.10 of the Revised Code.	3483

(D) The attorney general shall not issue a lessor license to	3484
any person that is involved in the conduct of bingo on behalf of a	3485
charitable organization. This division does not prohibit a lessor	3486
from leasing the premises used for the conduct of bingo to a	3487
licensed charitable organization or from providing durable bingo	3488
equipment and training to a charitable organization's bingo game	3489
operators on the proper use and maintenance of durable bingo	3490
equipment. This division does not prohibit a lessor from repairing	3491
durable bingo equipment at any time, including during a bingo	3492
session.	3493

(E)(1) No lessor shall sell, offer to sell, or otherwise	3494
provide or offer to provide durable bingo equipment to any person,	3495
except to and for the use of a charitable organization that has	3496
been issued a license under section 2915.08 of the Revised Code.	3497
No lessor shall accept payment for the sale, lease, or other	3498
provision of durable bingo equipment other than by check.	3499

(2) No lessor shall purchase durable bingo equipment from any	3500
person except from a distributor issued a license under section	3501
2915.081 of the Revised Code. No lessor shall pay for durable	3502
bingo equipment other than by check.	3503

(3) No lessor shall participate in the conduct of bingo on	3504
behalf of a charitable organization.	3505

(4) No lessor shall knowingly solicit, offer, pay, or receive	3506
any kickback, bribe, or undocumented rebate, directly or	3507
indirectly, overtly or covertly, in cash or in kind, in return	3508
from providing durable bingo equipment to any person in this	3509
state.	3510

(F) The attorney general may suspend or revoke a lessor	3511
license for any of the reasons for which the attorney general may	3512
refuse to issue a lessor license specified in division (C) of this	3513
section or if the lessor holding the license violates any	3514
provision of this chapter or any rule adopted by the attorney	3515
general under this chapter.	3516

(G) Whoever violates division (A) or (E) of this section is	3517
guilty of illegally operating as a lessor. Except as otherwise	3518
provided in this division, illegally operating as a lessor is a	3519
misdemeanor of the first degree. If the offender has previously	3520
been convicted of a violation of division (A) or (E) of this	3521
section, illegally operating as a lessor is a felony of the fifth	3522
degree.	3523

Sec. 2915.09. (A) No charitable organization that conducts	3524
bingo shall fail to do any of the following:	3525

(1) Own all of the equipment used to conduct bingo or lease	3526
that equipment from a charitable organization that is licensed to	3527
conduct bingo, or, for durable bingo equipment, from the licensed	3528
lessor of a premises where bingo is conducted, for a rental rate	3529
that is not more than is customary and reasonable for that	3530
equipment;	3531

(2) Except as otherwise provided in division (A)(3) of this	3532
section, use all of the gross receipts from bingo for paying	3533
prizes, for reimbursement of expenses for or for renting premises	3534
in which to conduct a bingo session, for reimbursement of expenses	3535
for or for purchasing or leasing bingo supplies used in conducting	3536
bingo, for reimbursement of expenses for or for hiring security	3537
personnel, for reimbursement of expenses for or for advertising	3538
bingo, or for reimbursement of other expenses or for other	3539
expenses listed in division (LL) of section 2915.01 of the Revised	3540
Code, provided that the amount of the receipts so spent is not	3541
more than is customary and reasonable for a similar purchase,	3542
lease, hiring, advertising, or expense. If the building in which	3543
bingo is conducted is owned by the charitable organization	3544
conducting bingo and the bingo conducted includes a form of bingo	3545
described in division (S)(1) of section 2915.01 of the Revised	3546
Code, the charitable organization may deduct from the total amount	3547
of the gross receipts from each session a sum equal to the lesser	3548
of six hundred dollars or forty-five per cent of the gross	3549
receipts from the bingo described in that division as	3550
consideration for the use of the premises.	3551

(3) Use, or give, donate, or otherwise transfer, all of the	3552
net profit derived from bingo, other than instant bingo, for a	3553
charitable purpose listed in its license application and described	3554
in division (Z) of section 2915.01 of the Revised Code, or	3555
distribute all of the net profit from the proceeds of the sale of	3556
instant bingo as stated in its license application and in	3557
accordance with section 2915.101 of the Revised Code.	3558

(B) No charitable organization that conducts a bingo game	3559
described in division (S)(1) of section 2915.01 of the Revised	3560
Code shall fail to do any of the following:	3561

(1) Conduct the bingo game on premises that are owned by the	3562
charitable organization, on premises that are owned by another	3563
charitable organization and leased from that charitable	3564
organization for a rental rate not in excess of the lesser of six	3565
hundred dollars per bingo session or forty-five per cent of the	3566
gross receipts of the bingo session, on premises that are leased	3567
from a person other than a charitable organization for a rental	3568
rate that is not more than is customary and reasonable for	3569
premises that are similar in location, size, and quality but not	3570
in excess of four hundred fifty dollars per bingo session, or on	3571
premises that are owned by a person other than a charitable	3572
organization, that are leased from that person by another	3573
charitable organization, and that are subleased from that other	3574
charitable organization by the charitable organization for a	3575
rental rate not in excess of four hundred fifty dollars per bingo	3576
session. In no case shall a charitable organization pay property	3577
taxes or assessments on premises that the charitable organization	3578
leases from another person to conduct bingo. If the charitable	3579
organization leases from a person other than a charitable	3580
organization the premises on which it conducts bingo sessions, the	3581
lessor of the premises shall provide ~~only~~ the premises to the	3582
organization and shall not provide the organization with bingo	3583
game operators, security personnel, concessions or concession	3584
operators, bingo supplies, or any other type of service or	3585
~~equipment~~, except in the case of a licensed lessor providing	3586
durable bingo equipment under section 2915.083 of the Revised	3587
Code. A charitable organization shall not lease or sublease	3588
premises that it owns or leases to more than one other charitable	3589
organization per calendar week for the purpose of conducting bingo	3590
sessions on the premises. A person that is not a charitable	3591
organization shall not lease premises that it owns, leases, or	3592
otherwise is empowered to lease to more than ~~one~~three charitable	3593
~~organization~~organizations per calendar week for conducting bingo	3594
sessions on the premises. In no case shall more than ~~two~~nine	3595
bingo sessions be conducted on any premises in any calendar week.	3596

(2) Display its license conspicuously at the premises where	3597
the bingo session is conducted;	3598

(3) Conduct the bingo session in accordance with the	3599
definition of bingo set forth in division (S)(1) of section	3600
2915.01 of the Revised Code.	3601

(C) No charitable organization that conducts a bingo game	3602
described in division (S)(1) of section 2915.01 of the Revised	3603
Code shall do any of the following:	3604

(1) Pay any compensation to a bingo game operator for	3605
operating a bingo session that is conducted by the charitable	3606
organization or for preparing, selling, or serving food or	3607
beverages at the site of the bingo session, permit any auxiliary	3608
unit or society of the charitable organization to pay compensation	3609
to any bingo game operator who prepares, sells, or serves food or	3610
beverages at a bingo session conducted by the charitable	3611
organization, or permit any auxiliary unit or society of the	3612
charitable organization to prepare, sell, or serve food or	3613
beverages at a bingo session conducted by the charitable	3614
organization, if the auxiliary unit or society pays any	3615
compensation to the bingo game operators who prepare, sell, or	3616
serve the food or beverages;	3617

(2) Pay consulting fees to any person for any services	3618
performed in relation to the bingo session;	3619

(3) Pay concession fees to any person who provides	3620
refreshments to the participants in the bingo session;	3621

(4) Except as otherwise provided in division (C)(4) of this	3622
section, conduct more than ~~two~~three bingo sessions in any	3623
seven-day period. A volunteer firefighter's organization or a	3624
volunteer rescue service organization that conducts not more than	3625
five bingo sessions in a calendar year may conduct more than ~~two~~	3626
three bingo sessions in a seven-day period after notifying the	3627
attorney general when it will conduct the sessions.	3628

(5) Pay out more than ~~three~~six thousand ~~five hundred~~ dollars	3629
in prizes for bingo games described in division (S)(1) of section	3630
2915.01 of the Revised Code during any bingo session that is	3631
conducted by the charitable organization. "Prizes" does not	3632
include awards from the conduct of instant bingo.	3633

(6) Conduct a bingo session at any time during the ten-hour	3634
period between midnight and ten a.m., at any time during, or	3635
within ten hours of, a bingo game conducted for amusement only	3636
pursuant to section 2915.12 of the Revised Code, at any premises	3637
not specified on its license, or on any day of the week or during	3638
any time period not specified on its license. Division (A)(6) of	3639
this section does not prohibit the sale of instant bingo tickets	3640
beginning at nine a.m. for a bingo session that begins at ten a.m.	3641
If circumstances make it impractical for the charitable	3642
organization to conduct a bingo session at the premises, or on the	3643
day of the week or at the time, specified on its license or if a	3644
charitable organization wants to conduct bingo sessions on a day	3645
of the week or at a time other than the day or time specified on	3646
its license, the charitable organization may apply in writing to	3647
the attorney general for an amended license pursuant to division	3648
(F) of section 2915.08 of the Revised Code. A charitable	3649
organization may apply twice in each calendar year for an amended	3650
license to conduct bingo sessions on a day of the week or at a	3651
time other than the day or time specified on its license. If the	3652
amended license is granted, the organization may conduct bingo	3653
sessions at the premises, on the day of the week, and at the time	3654
specified on its amended license.	3655

(7) Permit any person whom the charitable organization knows,	3656
or should have known, is under the age of eighteen to work as a	3657
bingo game operator;	3658

(8) Permit any person whom the charitable organization knows,	3659
or should have known, has been convicted of a felony or gambling	3660
offense in any jurisdiction to be a bingo game operator;	3661

(9) Permit the lessor of the premises on which the bingo	3662
session is conducted, if the lessor is not a charitable	3663
organization, to provide the charitable organization with bingo	3664
game operators, security personnel, concessions, bingo supplies,	3665
or any other type of service ~~or equipment~~, except in the case of a	3666
licensed lessor providing durable bingo equipment under section	3667
2915.083 of the Revised Code;	3668

(10) Purchase or lease bingo supplies from any person except	3669
a distributor issued a license under section 2915.081 of the	3670
Revised Code, except a charitable organization may purchase or	3671
lease durable bingo equipment from a lessor licensed under section	3672
2915.083 of the Revised Code;	3673

(11)(a) Use or permit the use of electronic bingo aids except	3674
under the following circumstances:	3675

(i) For any single participant, not more than ninety bingo	3676
faces can be played using an electronic bingo aid or aids.	3677

(ii) The charitable organization shall provide a participant	3678
using an electronic bingo aid with corresponding paper bingo cards	3679
or sheets.	3680

(iii) The total price of bingo faces played with an	3681
electronic bingo aid shall be equal to the total price of the same	3682
number of bingo faces played with a paper bingo card or sheet sold	3683
at the same bingo session but without an electronic bingo aid.	3684

(iv) An electronic bingo aid cannot be part of an electronic	3685
network other than a network that includes only bingo aids and	3686
devices that are located on the premises at which the bingo is	3687
being conducted or be interactive with any device not located on	3688
the premises at which the bingo is being conducted.	3689

(v) An electronic bingo aid cannot be used to participate in	3690
bingo that is conducted at a location other than the location at	3691
which the bingo session is conducted and at which the electronic	3692
bingo aid is used.	3693

(vi) An electronic bingo aid cannot be used to provide for	3694
the input of numbers and letters announced by a bingo caller other	3695
than the bingo caller who physically calls the numbers and letters	3696
at the location at which the bingo session is conducted and at	3697
which the electronic bingo aid is used.	3698

(b) The attorney general may adopt rules in accordance with	3699
Chapter 119. of the Revised Code that govern the use of electronic	3700
bingo aids. The rules may include a requirement that an electronic	3701
bingo aid be capable of being audited by the attorney general to	3702
verify the number of bingo cards or sheets played during each	3703
bingo session.	3704

(12) Permit any person the charitable organization knows, or	3705
should have known, to be under eighteen years of age to play bingo	3706
described in division (S)(1) of section 2915.01 of the Revised	3707
Code.	3708

(D)(1) Except as otherwise provided in division (D)(3) of	3709
this section, no charitable organization shall provide to a bingo	3710
game operator, and no bingo game operator shall receive or accept,	3711
any commission, wage, salary, reward, tip, donation, gratuity, or	3712
other form of compensation, directly or indirectly, regardless of	3713
the source, for conducting bingo or providing other work or labor	3714
at the site of bingo during a bingo session.	3715

(2) Except as otherwise provided in division (D)(3) of this	3716
section, no charitable organization shall provide to a bingo game	3717
operator any commission, wage, salary, reward, tip, donation,	3718
gratuity, or other form of compensation, directly or indirectly,	3719
regardless of the source, for conducting instant bingo other than	3720
at a bingo session at the site of instant bingo other than at a	3721
bingo session.	3722

(3) Nothing in division (D) of this section prohibits an	3723
employee of a fraternal organization, veteran's organization, or	3724
sporting organization from selling instant bingo tickets or cards	3725
to the organization's members or invited guests, as long as no	3726
portion of the employee's compensation is paid from any receipts	3727
of bingo.	3728

(E) Notwithstanding division (B)(1) of this section, a	3729
charitable organization that, prior to December 6, 1977, has	3730
entered into written agreements for the lease of premises it owns	3731
to another charitable organization or other charitable	3732
organizations for the conducting of bingo sessions so that more	3733
than two bingo sessions are conducted per calendar week on the	3734
premises, and a person that is not a charitable organization and	3735
that, prior to December 6, 1977, has entered into written	3736
agreements for the lease of premises it owns to charitable	3737
organizations for the conducting of more than two bingo sessions	3738
per calendar week on the premises, may continue to lease the	3739
premises to those charitable organizations, provided that no more	3740
than four sessions are conducted per calendar week, that the	3741
lessor organization or person has notified the attorney general in	3742
writing of the organizations that will conduct the sessions and	3743
the days of the week and the times of the day on which the	3744
sessions will be conducted, that the initial lease entered into	3745
with each organization that will conduct the sessions was filed	3746
with the attorney general prior to December 6, 1977, and that each	3747
organization that will conduct the sessions was issued a license	3748
to conduct bingo games by the attorney general prior to December	3749
6, 1977.	3750

(F) This section does not prohibit a bingo licensed	3751
charitable organization or a bingo game operator from giving any	3752
person an instant bingo ticket as a prize in place of a cash prize	3753
won by a participant in an instant bingo game. In no case shall an	3754
instant bingo ticket or card be sold or provided for a price	3755
different from the price printed on it by the manufacturer on	3756
either the instant bingo ticket or card or on the game flare.	3757

(G) Whoever violates division (A)(2) of this section is	3758
guilty of illegally conducting a bingo game, a felony of the	3759
fourth degree. Except as otherwise provided in this division,	3760
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	3761
(C)(1) to (12), or (D) of this section is guilty of a minor	3762
misdemeanor. If the offender previously has been convicted of a	3763
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	3764
to (11), or, (D) of this section, a violation of division (A)(1)	3765
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	3766
misdemeanor of the first degree. Whoever violates division (C)(12)	3767
of this section is guilty of a misdemeanor of the first degree, if	3768
the offender previously has been convicted of a violation of	3769
division (C)(12) of this section, a felony of the fourth degree.	3770

Sec. 2915.091. (A) No charitable organization that conducts	3771
instant bingo shall do any of the following:	3772

(1) Fail to comply with the requirements of divisions (A)(1),	3773
(2), and (3) of section 2915.09 of the Revised Code;	3774

(2) Conduct instant bingo unless either of the following	3775
~~apply~~applies:	3776

(a) That organization is, and has received from the internal	3777
revenue service a determination letter that is currently in effect	3778
stating that the organization is, exempt from federal income	3779
taxation under subsection 501(a), is described in subsection	3780
501(c)(3) of the Internal Revenue Code, is a charitable	3781
organization as defined in section 2915.01 of the Revised Code, is	3782
in good standing in the state pursuant to section 2915.08 of the	3783
Revised Code, and is in compliance with Chapter 1716. of the	3784
Revised Code;	3785

(b) That organization is, and has received from the internal	3786
revenue service a determination letter that is currently in effect	3787
stating that the organization is, exempt from federal income	3788
taxation under subsection 501(a), is described in subsection	3789
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	3790
organization described in subsection 501(c)(4) of the Internal	3791
Revenue Code, and conducts instant bingo under section 2915.13 of	3792
the Revised Code.	3793

(3) Conduct instant bingo on any day, at any time, or at any	3794
premises not specified on the organization's license issued	3795
pursuant to section 2915.08 of the Revised Code;	3796

(4) Permit any person whom the organization knows or should	3797
have known has been convicted of a felony or gambling offense in	3798
any jurisdiction to be a bingo game operator in the conduct of	3799
instant bingo;	3800

(5) Purchase or lease supplies used to conduct instant bingo	3801
or punch board games from any person except a distributor licensed	3802
under section 2915.081 of the Revised Code;	3803

(6) Sell or provide any instant bingo ticket or card for a	3804
price different from the price printed on it by the manufacturer	3805
on either the instant bingo ticket or card or on the game flare;	3806

(7) Sell an instant bingo ticket or card to a person under	3807
eighteen years of age;	3808

(8) Fail to keep unsold instant bingo tickets or cards for	3809
less than three years;	3810

(9) Pay any compensation to a bingo game operator for	3811
conducting instant bingo that is conducted by the organization or	3812
for preparing, selling, or serving food or beverages at the site	3813
of the instant bingo game, permit any auxiliary unit or society of	3814
the organization to pay compensation to any bingo game operator	3815
who prepares, sells, or serves food or beverages at an instant	3816
bingo game conducted by the organization, or permit any auxiliary	3817
unit or society of the organization to prepare, sell, or serve	3818
food or beverages at an instant bingo game conducted by the	3819
organization, if the auxiliary unit or society pays any	3820
compensation to the bingo game operators who prepare, sell, or	3821
serve the food or beverages;	3822

(10) Pay fees to any person for any services performed in	3823
relation to an instant bingo game;	3824

(11) Pay fees to any person who provides refreshments to the	3825
participants in an instant bingo game;	3826

(12)(a) Allow instant bingo tickets or cards to be sold to	3827
bingo game operators at a premises at which the organization sells	3828
instant bingo tickets or cards or to be sold to employees of a D	3829
permit holder who are working at a premises at which instant bingo	3830
tickets or cards are sold;	3831

(b) Division (A)(12)(a) of this section does not prohibit a	3832
licensed charitable organization or a bingo game operator from	3833
giving any person an instant bingo ~~tickets~~ticket as a prize in	3834
place of a cash prize won by a participant in an instant bingo	3835
game. In no case shall an instant bingo ticket or card be sold or	3836
provided for a price different from the price printed on it by the	3837
manufacturer on either the instant bingo ticket or card or on the	3838
game flare.	3839

(13) Fail to display its bingo license, and the serial	3840
numbers of the deal of instant bingo tickets or cards to be sold,	3841
conspicuously at each premises at which it sells instant bingo	3842
tickets or cards;	3843

(14) Possess a deal of instant bingo tickets or cards that	3844
was not purchased from a distributor licensed under section	3845
2915.081 of the Revised Code as reflected on an invoice issued by	3846
the distributor that contains all of the information required by	3847
division (E) of section 2915.10 of the Revised Code;	3848

(15) ~~Fail, once it opens a deal of instant bingo tickets or~~	3849
~~cards, to continue to sell the tickets or cards in that deal until~~	3850
~~the tickets or cards with the top two highest tiers of prizes in~~	3851
~~that deal are sold;~~	3852

~~(16) Purchase, lease, or use instant bingo ticket dispensers~~	3853
~~to sell instant bingo tickets or cards;~~	3854

~~(17)~~ Possess bingo supplies that were not obtained in	3855
accordance with sections 2915.01 to 2915.13 of the Revised Code.	3856

(B)(1) A charitable organization may conduct instant bingo	3857
other than at a bingo session at not more than five separate	3858
locations. A charitable organization that is exempt from federal	3859
taxation under subsection 501(a) and described in subsection	3860
501(c)(3) of the Internal Revenue Code and that is created by a	3861
veteran's organization or a fraternal organization is not limited	3862
in the number of separate locations the charitable organization	3863
may conduct instant bingo other than at a bingo session.	3864

(2) A charitable organization may purchase, lease, or use	3865
instant bingo ticket dispensers to sell instant bingo tickets or	3866
cards.	3867

(C) The attorney general may adopt rules in accordance with	3868
Chapter 119. of the Revised Code that govern the conduct of	3869
instant bingo by charitable organizations. Before those rules are	3870
adopted, the attorney general shall reference the recommended	3871
standards for opacity, randomization, minimum information, winner	3872
protection, color, and cutting for instant bingo tickets or cards,	3873
seal cards, and punch boards established by the North American	3874
gaming regulators association.	3875

(D) Whoever violates division (A) of this section or a rule	3876
adopted under division (C) of this section is guilty of illegal	3877
instant bingo conduct. Except as otherwise provided in this	3878
division, illegal instant bingo conduct is a misdemeanor of the	3879
first degree. If the offender previously has been convicted of a	3880
violation of division (A) of this section or of such a rule,	3881
illegal instant bingo conduct is a felony of the fifth degree.	3882

Sec. 2915.093. (A) As used in this section, "retail income	3883
from all commercial activity" means the income that a person	3884
receives from the provision of goods, services, or activities that	3885
are provided at the location where instant bingo other than at a	3886
bingo session is conducted, including the sale of instant bingo	3887
tickets. A religious organization that is exempt from federal	3888
income taxation under subsection 501(a) and described in	3889
subsection 501(c)(3) of the Internal Revenue Code, at not more	3890
than one location at which it conducts its charitable programs,	3891
may include donations from its members and guests as retail	3892
income.	3893

(B) A charitable instant bingo organization may conduct	3894
instant bingo other than at a bingo session at not more than five	3895
separate locations.	3896

(C)(1) If a charitable instant bingo organization conducts	3897
instant bingo other than at a bingo session, the charitable	3898
instant bingo organization shall enter into a written contract	3899
with the owner or lessor of the location at which the instant	3900
bingo is conducted to allow the owner or lessor to assist in the	3901
conduct of instant bingo other than at a bingo session, identify	3902
each location where the instant bingo other than at a bingo	3903
session is being conducted, and identify the owner or lessor of	3904
each location.	3905

(2) A charitable instant bingo organization that conducts	3906
instant bingo other than at a bingo session is not required to	3907
enter into a written contract with the owner or lessor of the	3908
location at which the instant bingo is conducted, provided that	3909
the owner or lessor is not assisting in the conduct of the instant	3910
bingo other than at a bingo session and provided that the conduct	3911
of the instant bingo other than at a bingo session at that	3912
location is not more than five days per calendar year and not more	3913
than ten hours per day.	3914

(D) Except as provided in division (G) of this section, no	3915
charitable instant bingo organization shall conduct instant bingo	3916
other than at a bingo session at a location where the primary	3917
source of retail income from all commercial activity at that	3918
location is the sale of instant bingo tickets.	3919

(E) The owner or lessor of a location that enters into a	3920
contract pursuant to division (C) of this section shall pay the	3921
full gross profit to the charitable instant bingo organization by	3922
check, in return for the deal of instant bingo tickets. The owner	3923
or lessor may retain the money that the owner or lessor receives	3924
for selling the instant bingo tickets, provided, however, that	3925
after the deal has been sold, the owner or lessor shall pay to the	3926
charitable instant bingo organization the value of any unredeemed	3927
instant bingo prizes remaining in the deal of instant bingo	3928
tickets by check.	3929

As used in this division, "full gross profit" means the	3930
amount by which the total receipts of all instant bingo tickets,	3931
if the deal had been sold in full, exceeds the amount that would	3932
be paid out if all prizes were redeemed.	3933

(F) A charitable instant bingo organization shall provide the	3934
attorney general with all of the following information:	3935

(1) That the charitable instant bingo organization has	3936
terminated a contract entered into pursuant to division (C) of	3937
this section with an owner or lessor of a location;	3938

(2) That the charitable instant bingo organization has	3939
entered into a written contract pursuant to division (C) of this	3940
section with a new owner or lessor of a location;	3941

(3) That the charitable instant bingo organization is aware	3942
of conduct by the owner or lessor of a location at which instant	3943
bingo is conducted that is in violation of this chapter.	3944

(G) Division (D) of this section does not apply to a	3945
volunteer firefighter's organization that is exempt from federal	3946
income taxation under subsection 501(a) and described in	3947
subsection 501(c)(3) of the Internal Revenue Code, that conducts	3948
instant bingo other than at a bingo session on the premises where	3949
the organization conducts firefighter training, that has conducted	3950
instant bingo continuously for at least five years prior to July	3951
1, 2003, and that, during each of those five years, had gross	3952
receipts of at least one million five hundred thousand dollars.	3953

Sec. 2915.10. (A) No charitable organization that conducts	3954
bingo, instant bingo, or a game of chance ~~pursuant to division (D)~~	3955
~~of section 2915.02 of the Revised Code~~conducted for profit or a	3956
raffle shall fail to maintain the following records for at least	3957
three years from the date on which the bingo, instant bingo, or	3958
game of chance conducted for profit or raffle is conducted:	3959

(1) An itemized list of the gross receipts of each bingo	3960
session, each game of instant bingo by serial number, each raffle,	3961
each punch board game, and each game of chance conducted for	3962
profit, and an itemized list of the gross profits of each game of	3963
instant bingo by serial number;	3964

(2) An itemized list of all expenses, other than prizes, that	3965
are incurred in conducting bingo or, instant bingo, a game of	3966
chance conducted for profit, or a raffle, the name of each person	3967
to whom the expenses are paid, and a receipt for all of the	3968
expenses;	3969

(3) A list of all prizes awarded during each bingo session,	3970
each raffle, each punch board game, and each game of chance	3971
conducted for profit by the charitable organization, the total	3972
prizes awarded from each game of instant bingo by serial number,	3973
and the name, address, and social security number of all persons	3974
who are winners of prizes of six hundred dollars or more in value;	3975

(4) An itemized list of the recipients of the net profit of	3976
~~the~~ bingo, instant bingo, raffle, or game of chance conducted for	3977
profit, including the name and address of each recipient to whom	3978
the money is distributed, and if the organization uses the net	3979
profit of bingo, ~~or the money or assets received from a game of~~	3980
~~chance,~~net profit from the proceeds from the sale of instant	3981
bingo, net profit from the proceeds of a game of chance conducted	3982
for profit, or net profit from a raffle for any charitable or	3983
other purpose set forth in division (Z) of section 2915.01,	3984
division (D) of section 2915.02, section 2915.092, or section	3985
2915.101 of the Revised Code, a list of each purpose and an	3986
itemized list of each expenditure for each purpose;	3987

(5) The number of persons who participate in any bingo	3988
session or game of chance conducted for profit that is conducted	3989
by the charitable organization;	3990

(6) A list of receipts from the sale of food and beverages by	3991
the charitable organization or one of its auxiliary units or	3992
societies, if the receipts were excluded from gross receipts under	3993
division (X) of section 2915.01 of the Revised Code;	3994

(7) An itemized list of all expenses incurred at each bingo	3995
session, each raffle, each punch board game, each game of chance	3996
conducted for profit, or each game of instant bingo conducted by	3997
the charitable organization in the sale of food and beverages by	3998
the charitable organization or by an auxiliary unit or society of	3999
the charitable organization, the name of each person to whom the	4000
expenses are paid, and a receipt for all of the expenses.	4001

(B) A charitable organization shall keep the records that it	4002
is required to maintain pursuant to division (A) of this section	4003
at its principal place of business in this state or at its	4004
headquarters in this state and shall notify the attorney general	4005
of the location at which those records are kept.	4006

(C) The gross profit from each bingo session or game	4007
described in division (S)(1) or (2) of section 2915.01 of the	4008
Revised Code shall be deposited into a checking account devoted	4009
exclusively to the bingo session or game. Payments for allowable	4010
expenses incurred in conducting the bingo session or game and	4011
payments to recipients of some or all of the net profit of the	4012
bingo session or game shall be made only by checks drawn on the	4013
bingo session or game account or by electronic funds transfer from	4014
the bingo session or game account.	4015

(D) Each charitable organization shall conduct and record an	4016
inventory of all of its bingo supplies as of the first day of	4017
November of each year.	4018

(E) The attorney general may adopt rules in accordance with	4019
Chapter 119. of the Revised Code that establish standards of	4020
accounting, record keeping, and reporting to ensure that gross	4021
receipts from bingo, instant bingo, or games of chance conducted	4022
for profit are properly accounted for.	4023

(F) A distributor shall maintain, for a period of three years	4024
after the date of its sale or other provision, a record of each	4025
instance of its selling or otherwise providing to another person	4026
bingo supplies for use in this state. The record shall include all	4027
of the following for each instance:	4028

(1) The name of the manufacturer from which the distributor	4029
purchased the bingo supplies and the date of the purchase;	4030

(2) The name and address of the charitable organization or	4031
other distributor to which the bingo supplies were sold or	4032
otherwise provided;	4033

(3) A description that clearly identifies the bingo supplies;

4034

(4) Invoices that include the nonrepeating serial numbers of	4035
all paper bingo cards and sheets and all instant bingo deals sold	4036
or otherwise provided to each charitable organization and the	4037
manufacturer of each instant bingo deal sold or otherwise	4038
provided.	4039

(G) A manufacturer shall maintain, for a period of three	4040
years after the date of its sale or other provision, a record of	4041
each instance of its selling or otherwise providing bingo supplies	4042
for use in this state. The record shall include all of the	4043
following for each instance:	4044

(1) The name and address of the distributor to whom the bingo	4045
supplies were sold or otherwise provided;	4046

(2) A description that clearly identifies the bingo supplies,	4047
including serial numbers;	4048

(3) Invoices that include the nonrepeating serial numbers of	4049
all paper bingo cards and sheets and all instant bingo deals sold	4050
or otherwise provided to each distributor.	4051

(H) A licensed lessor shall maintain, for a period of three	4052
years after the date of its purchase, sale, lease, or other	4053
provision of durable bingo equipment, a record of each instance of	4054
its purchasing or acquiring of durable bingo equipment and its	4055
selling, leasing, or otherwise providing to another person durable	4056
bingo equipment. The record shall include all of the following for	4057
each instance:	4058

(1) The name of the distributor from which the licensed	4059
lessor purchased the durable bingo equipment and the date of	4060
purchase;	4061

(2) The name and address of the charitable organization to	4062
which the durable bingo equipment was sold, leased, or otherwise	4063
provided;	4064

(3) A description that clearly identifies the durable bingo	4065
equipment;	4066

(4) Invoices, purchase agreements, contracts, or lease	4067
agreements of all durable bingo equipment sold, leased, or	4068
otherwise provided to each charitable organization;	4069

(5) Invoices, purchase agreements, contracts, or lease	4070
agreements of all durable bingo equipment purchased, leased, or	4071
otherwise obtained from each distributor.	4072

(I) The attorney general or any law enforcement agency may do	4073
all of the following:	4074

(1) Investigate any charitable organization or any officer,	4075
agent, trustee, member, bingo game operator, or employee of the	4076
organization;	4077

(2) Examine the accounts and records of the organization or	4078
of any distributor, manufacturer, or lessor;	4079

(3) Conduct inspections, audits, and observations of bingo	4080
instant bingo, raffles, or games of chance conducted for profit;	4081

(4) Conduct inspections of the premises where bingo or games	4082
of chance conducted for profit are conducted and conduct	4083
inspections of any distributor, manufacturer, or lessor;	4084

(5) Take any other necessary and reasonable action to	4085
determine if a violation of any provision of sections 2915.01 to	4086
2915.13 of the Revised Code has occurred and to determine whether	4087
section 2915.11 of the Revised Code has been complied with.	4088

If any law enforcement agency has reasonable grounds to	4089
believe that a charitable organization or an officer, agent,	4090
trustee, member, bingo game operator, or employee of the	4091
organization has violated any provision of this chapter, the law	4092
enforcement agency may proceed by action in the proper court to	4093
enforce this chapter, provided that the law enforcement agency	4094
shall give written notice to the attorney general when commencing	4095
an action as described in this division.	4096

~~(I)~~(J) No person shall destroy, alter, conceal, withhold, or	4097
deny access to any accounts or records of a charitable	4098
organization, distributor, manufacturer, or lessor that have been	4099
requested for examination, or obstruct, impede, or interfere with	4100
any inspection, audit, or observation of bingo or, instant bingo,	4101
a game of chance conducted for profit, or a raffle or premises	4102
where bingo or, instant bingo, a game of chance conducted for	4103
profit, or a raffle is conducted, or refuse to comply with any	4104
reasonable request of, or obstruct, impede, or interfere with any	4105
other reasonable action undertaken by, the attorney general or a	4106
law enforcement agency ~~pursuant to~~under division ~~(H)~~(I) of this	4107
section.	4108

~~(J)~~(K) Whoever violates division (A) or ~~(I)~~(J) of this	4109
section is guilty of a misdemeanor of the first degree.	4110

Sec. 2915.101. Except as otherwise provided by law, a	4111
charitable organization that conducts instant bingo shall	4112
distribute the net profit from the proceeds of the sale of instant	4113
bingo as follows:	4114

(A)(1) If a veteran's organization, a fraternal organization,	4115
or a sporting organization conducted the instant bingo, the	4116
organization shall distribute the net profit from the proceeds of	4117
the sale of instant bingo, as follows:	4118

(a) For the first ~~one~~two hundred fifty thousand dollars, or	4119
a greater amount prescribed by the attorney general to adjust for	4120
changes in prices as measured by the consumer price index as	4121
defined in section 325.18 of the Revised Code and other factors	4122
affecting the organization's expenses as defined in division (LL)	4123
of section 2915.01 of the Revised Code, or less of net profit from	4124
the proceeds of the sale of instant bingo generated in a calendar	4125
year:	4126

(i) At least twenty-five per cent shall be distributed to an	4127
organization described in division (Z)(1) of section 2915.01 of	4128
the Revised Code or to a department or agency of the federal	4129
government, the state, or any political subdivision.	4130

(ii) Not more than seventy-five per cent may be deducted and	4131
retained by the organization for reimbursement of or for the	4132
organization's expenses, as defined in division (LL) of section	4133
2915.01 of the Revised Code, in conducting the instant bingo game.	4134

(b) For any net profit from the proceeds of the sale of	4135
instant bingo of more than ~~one~~two hundred fifty thousand dollars	4136
or an adjusted amount generated in a calendar year:	4137

(i) A minimum of fifty per cent shall be distributed to an	4138
organization described in division (Z)(1) of section 2915.01 of	4139
the Revised Code or to a department or agency of the federal	4140
government, the state, or any political subdivision.	4141

(ii) Five per cent may be distributed for the organization's	4142
own charitable purposes or to a community action agency.	4143

(iii) Forty-five per cent may be deducted and retained by the	4144
organization for reimbursement of or for the organization's	4145
expenses, as defined in division (LL) of section 2915.01 of the	4146
Revised Code, in conducting the instant bingo game.	4147

(2) If a veteran's organization, a fraternal organization, or	4148
a sporting organization does not distribute the full percentages	4149
specified in divisions (A)(1)(a) and (b) of this section for the	4150
purposes specified in those divisions, the organization shall	4151
distribute the balance of the net profit from the proceeds of the	4152
sale of instant bingo not distributed or retained for those	4153
purposes to an organization described in division (Z)(1) of	4154
section 2915.01 of the Revised Code.	4155

(B) If a charitable organization other than a veteran's	4156
organization, a fraternal organization, or a sporting organization	4157
conducted the instant bingo, the organization shall distribute one	4158
hundred per cent of the net profit from the proceeds of the sale	4159
of instant bingo to an organization described in division (Z)(1)	4160
of section 2915.01 of the Revised Code or to a department or	4161
agency of the federal government, the state, or any political	4162
subdivision.	4163

(C) Nothing in this section prohibits a veteran's	4164
organization, a fraternal organization, or a sporting organization	4165
from distributing any net profit from the proceeds of the sale of	4166
instant bingo to an organization that is described in subsection	4167
501(c)(3) of the Internal Revenue Code when the organization that	4168
is described in subsection 501(c)(3) of the Internal Revenue Code	4169
is one that makes donations to other organizations and permits	4170
donors to advise or direct such donations so long as the donations	4171
comply with requirements established in or pursuant to subsection	4172
501(c)(3) of the Internal Revenue Code.	4173

(D) All distributions required under this section shall be	4174
distributed within the same calendar year in which the net profit	4175
from the proceeds from the sale of instant bingo is generated.	4176

Sec. 2915.13. (A) A licensed veteran's organization, a	4177
fraternal organization, or a sporting organization ~~authorized to~~	4178
~~conduct a bingo session pursuant to sections 2915.01 to 2915.12 of~~	4179
~~the Revised Code~~that also qualifies as a charitable organization	4180
may conduct instant bingo other than at a bingo session if all of	4181
the following apply:	4182

(1) The veteran's organization, fraternal organization, or	4183
sporting organization limits the sale of instant bingo to twelve	4184
hours during any day, provided that the sale does not begin	4185
earlier than ten a.m. and ends not later than two a.m.	4186

(2) The veteran's organization, fraternal organization, or	4187
sporting organization limits the sale of instant bingo to its own	4188
premises and to its own members and invited guests.	4189

(3) The veteran's organization, fraternal organization, or	4190
sporting organization is raising money for an organization that is	4191
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the	4192
Internal Revenue Code and is either a governmental unit or an	4193
organization that maintains its principal place of business in	4194
this state, that is exempt from federal income taxation under	4195
subsection 501(a) and described in subsection 501(c)(3) of the	4196
Internal Revenue Code, and that is in good standing in this state	4197
and executes a written contract with that organization as required	4198
in division (B) of this section.	4199

(B) If a veteran's organization, fraternal organization, or	4200
sporting organization authorized to conduct instant bingo pursuant	4201
to division (A) of this section is raising money for another	4202
organization that is described in subsection 509(a)(1), 509(a)(2),	4203
or 509(a)(3) of the Internal Revenue Code and is either a	4204
governmental unit or an organization that maintains its principal	4205
place of business in this state, that is exempt from federal	4206
income taxation under subsection 501(a) and described in	4207
subsection 501(c)(3) of the Internal Revenue Code, and that is in	4208
good standing in this state, the veteran's organization, fraternal	4209
organization, or sporting organization shall execute a written	4210
contract with the organization that is described in subsection	4211
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	4212
and is either a governmental unit or an organization that	4213
maintains its principal place of business in this state, that is	4214
exempt from federal income taxation under subsection 501(a) and	4215
described in subsection 501(c)(3) of the Internal Revenue Code,	4216
and that is in good standing in this state in order to conduct	4217
instant bingo. That contract shall include a statement of the	4218
percentage of the net proceeds that the veteran's, fraternal, or	4219
sporting organization will be distributing to the organization	4220
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	4221
of the Internal Revenue Code and is either a governmental unit or	4222
an organization that maintains its principal place of business in	4223
this state, that is exempt from federal income taxation under	4224
subsection 501(a) and described in subsection 501(c)(3) of the	4225
Internal Revenue Code, and that is in good standing in this state.	4226

(C)(1) If a veteran's organization, fraternal organization,	4227
or sporting organization authorized to conduct instant bingo	4228
pursuant to division (A) of this section has been issued a liquor	4229
permit under Chapter 4303. of the Revised Code, that permit may be	4230
subject to suspension, revocation, or cancellation if the	4231
veteran's organization, fraternal organization, or sporting	4232
organization violates a provision of this chapter.	4233

(2) No veteran's organization, fraternal organization, or	4234
sporting organization that enters into a written contract pursuant	4235
to division (B) of this section shall violate any provision of	4236
this chapter or permit, aid, or abet any other person in violating	4237
any provision of this chapter.	4238

(D) A veteran's organization, fraternal organization, or	4239
sporting organization shall give all required proceeds earned from	4240
the conduct of instant bingo to the organization with which the	4241
veteran's organization, fraternal organization, or sporting	4242
organization has entered into a written contract according to the	4243
requirements of section 2915.101 of the Revised Code.	4244

(E) Whoever violates this section is guilty of illegal	4245
instant bingo conduct. Except as otherwise provided in this	4246
division, illegal instant bingo conduct is a misdemeanor of the	4247
first degree. If the offender previously has been convicted of a	4248
violation of this section, illegal instant bingo conduct is a	4249
felony of the fifth degree.	4250

Sec. 2915.14. (A) The owner of a permitted location may	4251
establish a charity card room on the premises of the permitted	4252
location. The owner shall provide necessary game tables, chairs,	4253
surveillance, and other equipment in the charity card room.	4254

(B) A charitable organization may conduct games of chance in	4255
a charity card room for up to one hundred twenty-eight hours	4256
annually. Such hours need not be on consecutive days. More than	4257
one charitable organization may conduct games of chance in a	4258
charity card room simultaneously.	4259

(C)(1) The charitable organization shall pay rent to the	4260
owner of a permitted location in the amount of fifteen per cent of	4261
the revenue made from conducting the games of chance in the	4262
charity card room.	4263

(2) A charitable organization shall pay expenses for	4264
conducting games of chance in a charity card room, including	4265
expenses for the following: dealers, payroll administration,	4266
security, accounting, auditing, shuffle machine rental, insurance,	4267
marketing, advertising, utilities, cleanup, maintenance, and	4268
repair. A charitable organization may pay these expenses from its	4269
share of the revenue made from conducting games of chance in the	4270
charity card room.	4271

(3) Charitable organizations may pool revenue and expenses	4272
when applicable in a charity card room.	4273

(4) One hundred per cent of the net revenue in a charity card	4274
room remaining after payment of expenses and rent shall be paid to	4275
each charitable organization on a pro rata basis, based on	4276
volunteer hours of each charitable organization.	4277

(D) Notwithstanding division (D) of section 2915.02, a	4278
charitable organization may compensate dealers, dealer	4279
supervisors, human resource personnel, and other related personnel	4280
for operating games of chance in a charity card room. Dealers may	4281
also accept tips from games of chance players.	4282

(E) For the purposes of division (D)(1)(c) of section 2915.02	4283
of the Revised Code, a charitable organization may conduct games	4284
of chance at a permitted location and conducting those games of	4285
chance in a charity card room is considered a festival if the	4286
charitable organization provides a display booth about the	4287
charitable organization in the charity card room at all times when	4288
it is conducting games of chance.	4289

Sec. 3517.1015. Each person licensed under Chapter 3772. of	4290
the Revised Code shall disclose quarterly to the secretary of	4291
state any contribution of one hundred dollars or more made to the	4292
holder of or any candidate for a statewide office, a member of the	4293
general assembly, a local government official of a jurisdiction	4294
where a casino facility is located, or to any ballot issue.	4295

Sec. 3769.081. The state racing commission shall administer	4296
the Ohio state racing commission fund. The commission shall use	4297
the money in the fund to support purses, breeding programs, race	4298
track operations, and commission operations. The commission,	4299
considering the relative importance of these purposes in light of	4300
prevailing circumstances in the horse racing industry, shall	4301
determine the percentage of the money in the fund that is to be	4302
applied to each of these purposes.	4303

Sec. 3772.01. As used in this chapter:

4304

(A) "Applicant" means any person who applies to the	4305
commission for a license under this chapter.	4306

(B) "Casino control commission fund" means the casino control	4307
commission fund described in Section 6(C)(3)(d) of Article XV,	4308
Ohio Constitution, the money in which shall be used to fund the	4309
commission and its related affairs.	4310

(C) "Casino facility" means a casino facility as defined in	4311
Section 6(C)(9) of Article XV, Ohio Constitution, and includes one	4312
or more locations, buildings, or rooms within the boundaries of	4313
the properties described in Section 6(C)(9) of Article XV, Ohio	4314
Constitution.	4315

(D) "Casino gaming" means any type of slot machine or table	4316
game wagering, using money, casino credit, or any representative	4317
of value, authorized in any of the states of Indiana, Michigan,	4318
Pennsylvania, and West Virginia as of January 1, 2009, and	4319
includes slot machine and table game wagering subsequently	4320
authorized by, but shall not be limited by, subsequent	4321
restrictions placed on such wagering in such states. "Casino	4322
gaming" does not include bingo, as authorized in Section 6 of	4323
Article XV, Ohio Constitution and conducted as of January 1, 2009,	4324
or horse racing where the pari-mutuel system of wagering is	4325
conducted, as authorized under the laws of this state as of	4326
January 1, 2009.	4327

(E) "Casino gaming employee" means any employee of a casino	4328
operator or management company, but not a key employee, and as	4329
further defined in section 3772.131 of the Revised Code.	4330

(F) "Casino operator" means any person, trust, corporation,	4331
partnership, limited partnership, association, limited liability	4332
company, or other business enterprise that directly holds an	4333
ownership or leasehold interest in a casino facility. "Casino	4334
operator" does not include an agency of the state, any political	4335
subdivision of the state, any person, trust, corporation,	4336
partnership, limited partnership, association, limited liability	4337
company, or other business enterprise that may have an interest in	4338
a casino facility, but who is legally or contractually restricted	4339
from conducting casino gaming.	4340

(G) "Central system" means a computer system that provides	4341
the following functions related to casino gaming equipment used in	4342
connection with casino gaming authorized under this chapter:	4343
security, auditing, data and information retrieval, and other	4344
purposes deemed necessary and authorized by the commission.	4345

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

4346

(I) "Economic development programs fund" consists of the	4347
proceeds from the upfront license fee to be paid by each initial	4348
licensed casino operator described in Section 6(C)(4) of Article	4349
XV, Ohio Constitution, the money in which shall be used to fund	4350
state economic development programs that support regional job	4351
training efforts to equip the workforce of this state with	4352
additional skills and to grow the economy.	4353

(J) "Gaming agent" means a peace officer employed by the	4354
commission that is vested with duties to enforce this chapter and	4355
conduct other investigations into the conduct of the casino gaming	4356
and the maintenance of the equipment that the commission considers	4357
necessary and proper and is in compliance with section 109.77 of	4358
the Revised Code.	4359

(K) "Gaming-related vendor" means any individual,	4360
partnership, corporation, association, trust, or any other group	4361
of individuals, however organized, who supplies any equipment,	4362
goods, or services to a casino operator or management company.	4363

(L) "Goods and services" does not include the following:	4364
testing by certified testing laboratories; utilities; taxes;	4365
financing costs, mortgages, loans, or other debt; medical	4366
insurance; fees and payments to a parent or affiliated company of	4367
a casino operator, other than fees and payments for goods and	4368
services supplied by nonaffiliated persons through an affiliated	4369
company for use or benefit of the casino operator; and rents for	4370
real property or payments constituting the price of an interest in	4371
real property as a result of a real estate transaction.	4372

(M) "Holding company" means any corporation, firm,	4373
partnership, limited partnership, limited liability company,	4374
trust, or other form of business organization not a natural person	4375
which directly owns, has the power or right to control, or holds	4376
with power to vote, any part of an applicant, casino operator,	4377
management company, or gaming-related vendor license.	4378

(N) "Initial investment" includes costs related to expenses	4379
and fees, financing, personal property, demolition, engineering,	4380
architecture, design, site preparation improvements, construction,	4381
infrastructure improvements, land acquisition, fixtures, insurance	4382
related to construction, and leasehold improvements. "Initial	4383
investment" does not include costs related to any state incentives	4384
or costs related to the acquisition and use of slot machines.	4385

(O) "Institutional investor" means any of the following	4386
entities owning five per cent or less, or a percentage between	4387
five and ten per cent as approved by the commission through a	4388
waiver on a case-by-case basis, ownership interest in a casino	4389
facility, casino operator, management company, or holding company:	4390
a corporation, bank, insurance company, pension fund or pension	4391
fund trust, retirement fund, including funds administered by a	4392
public agency, employees' profit-sharing fund or employees'	4393
profit-sharing trust, any association engaged, as a substantial	4394
part of its business or operations, in purchasing or holding	4395
securities, or any trust in respect of which a bank is trustee or	4396
cotrustee, investment company registered under the "Investment	4397
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	4398
investment trust organized by banks under Part Nine of the Rules	4399
of the Comptroller of the Currency, closed-end investment trust,	4400
chartered or licensed life insurance company or property and	4401
casualty insurance company, investment advisor registered under	4402
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	4403
and such other persons as the commission may reasonably determine	4404
to qualify as an institutional investor for reasons consistent	4405
with this chapter.	4406

(P) "Key employee" means any executive, employee, or agent of	4407
a casino operator or management company licensee having the power	4408
to exercise significant influence over decisions concerning any	4409
part of the operation of such licensee, including:	4410

(1) An officer, director, trustee, or partner of a person	4411
that has applied for or holds a casino operator, management	4412
company, or gaming-related vendor license or of a holding company	4413
that has control of a person that has applied for or holds a	4414
casino operator, management company, or gaming-related vendor	4415
license;	4416

(2) A person that holds a direct ownership interest of more	4417
than five per cent in a person that has applied for or holds a	4418
casino operator, management company, or gaming-related vendor	4419
license or holding company that has control of a person that has	4420
applied for or holds a casino operator, management company, or	4421
gaming-related vendor license;	4422

(3) A managerial employee of a person that has applied for or	4423
holds a casino operator or gaming-related vendor license in Ohio,	4424
or a managerial employee of a holding company that has control of	4425
a person that has applied for or holds a casino operator or	4426
gaming-related vendor license in Ohio, who performs the function	4427
of principal executive officer, principal operating officer,	4428
principal accounting officer, or an equivalent officer or other	4429
person the commission determines to have the power to exercise	4430
significant influence over decisions concerning any part of the	4431
operation of such licensee.	4432

The commission shall determine whether an individual whose	4433
duties or status varies from those described in this division also	4434
is considered a key employee.	4435

(Q) "Licensed casino operator" means a casino operator that	4436
has been issued a license by the commission and that has been	4437
certified annually by the commission to have paid all applicable	4438
fees, taxes, and debts to the state.	4439

(R) "Majority ownership interest" in a license or in a casino	4440
facility, as the case may be, means ownership of more than fifty	4441
per cent of such license or casino facility, as the case may be.	4442
For purposes of the foregoing, whether a majority ownership	4443
interest is held in a license or in a casino facility, as the case	4444
may be, shall be determined under the rules for constructive	4445
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	4446
in effect on January 1, 2009.	4447

(S) "Management company" means an organization retained by a	4448
casino operator to manage a casino facility and provide services	4449
such as accounting, general administration, maintenance,	4450
recruitment, and other operational services.	4451

(T) "Ohio law enforcement training fund" means the state law	4452
enforcement training fund described in Section 6(C)(3)(f) of	4453
Article XV, Ohio Constitution, the money in which shall be used to	4454
enhance public safety by providing additional training	4455
opportunities to the law enforcement community.	4456

(U) "Person" includes, but is not limited to, an individual	4457
or a combination of individuals; a sole proprietorship, a firm, a	4458
company, a joint venture, a partnership of any type, a joint-stock	4459
company, a corporation of any type, a corporate subsidiary of any	4460
type, a limited liability company, a business trust, or any other	4461
business entity or organization; an assignee; a receiver; a	4462
trustee in bankruptcy; an unincorporated association, club,	4463
society, or other unincorporated entity or organization; entities	4464
that are disregarded for federal income tax purposes; and any	4465
other nongovernmental, artificial, legal entity that is capable of	4466
engaging in business.	4467

(V) "Problem casino gambling and addictions fund" means the	4468
state problem gambling and addictions fund described in Section	4469
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	4470
shall be used for treatment of problem gambling and substance	4471
abuse, and for related research.	4472

(W) "Slot machine" means any mechanical, electrical, or other	4473
device or machine which, upon insertion of a coin, token, ticket,	4474
or similar object, or upon payment of any consideration, is	4475
available to play or operate, the play or operation of which,	4476
whether by reason of the skill of the operator or application of	4477
the element of chance, or both, makes individual prize	4478
determinations for individual participants in cash, premiums,	4479
merchandise, tokens, or any thing of value, whether the payoff is	4480
made automatically from the machine or in any other manner.	4481

(X) "Table game" means any game played with cards, dice, or	4482
any mechanical, electromechanical, or electronic device or machine	4483
for money, casino credit, or any representative of value. "Table	4484
game" does not include slot machines.	4485

(Y) "Upfront license" means the first plenary license issued	4486
to a casino operator.	4487

(Z) "Voluntary exclusion program" means a program provided by	4488
the commission that allows persons to voluntarily exclude	4489
themselves from the gaming areas of facilities under the	4490
jurisdiction of the commission by placing their name on a	4491
voluntary exclusion list and following the procedures set forth by	4492
the commission.	4493

Sec. 3772.02. (A) There is hereby created the Ohio casino	4494
control commission described in Section 6(C)(1) of Article XV,	4495
Ohio Constitution.	4496

(B) The commission shall consist of seven members appointed	4497
within one month of the effective date of this section by the	4498
governor with the advice and consent of the senate.	4499

(1) Each commission member is eligible for reappointment at	4500
the discretion of the governor. No commission member shall be	4501
appointed for more than three terms in total.	4502

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

4503

(3) At least one commission member shall be experienced in	4504
law enforcement and criminal investigation.	4505

(4) At least one commission member shall be a certified	4506
public accountant experienced in accounting and auditing.	4507

(5) At least one commission member shall be an attorney	4508
admitted to the practice of law in Ohio.	4509

(6) At least one commission member shall be a resident of a	4510
county where one of the casino facilities is located.	4511

(7) Not more than four commission members shall be of the	4512
same political party.	4513

(8) No commission member shall have any affiliation with an	4514
Ohio casino operator or facility.	4515

(C) Commission members shall serve four-year terms, except	4516
that when the governor makes initial appointments to the	4517
commission under this chapter, the governor shall appoint three	4518
members to serve four-year terms with not more than two such	4519
members from the same political party, two members to serve	4520
three-year terms with such members not being from the same	4521
political party, and two members to serve two-year terms with such	4522
members not being from the same political party.	4523

(D) Each commission member shall hold office from the date of	4524
appointment until the end of the term for which the member was	4525
appointed. Any member appointed to fill a vacancy occurring before	4526
the expiration of the term for which the member's predecessor was	4527
appointed shall hold office for the remainder of the unexpired	4528
term. Any member shall continue in office after the expiration	4529
date of the member's term until the member's successor takes	4530
office, or until a period of sixty days has elapsed, whichever	4531
occurs first. A vacancy in the commission membership shall be	4532
filled in the same manner as the original appointment.	4533

(E) The governor shall select one member to serve as	4534
chairperson and the commission members shall select one member	4535
from a different party than the chairperson to serve as	4536
vice-chairperson. The governor may remove and replace the	4537
chairperson at any time. No such member shall serve as chairperson	4538
for more than six successive years. The vice-chairperson shall	4539
assume the duties of the chairperson in the absence of the	4540
chairperson. The chairperson and vice-chairperson shall perform	4541
but shall not be limited to additional duties as are prescribed by	4542
commission rule.	4543

(F) A commission member is not required to devote the	4544
member's full time to membership on the commission. Each member of	4545
the commission shall receive compensation of sixty thousand	4546
dollars per year, payable in monthly installments for the first	4547
four years of the commission's existence. Each member shall	4548
receive the member's actual and necessary expenses incurred in the	4549
discharge of the member's official duties.	4550

(G) The governor shall not appoint an individual to the	4551
commission, and an individual shall not serve on the commission,	4552
if the individual has been convicted of or pleaded guilty or no	4553
contest to a disqualifying offense as defined in section 3772.07	4554
of the Revised Code. Members coming under indictment or bill of	4555
information of a disqualifying offense shall resign from the	4556
commission immediately upon indictment.	4557

(H) At least five commission members shall be present for the	4558
commission to meet. The concurrence of four members is necessary	4559
for the commission to take any action. All members shall vote on	4560
the adoption of rules, and the approval of, and the suspension or	4561
revocation of, the licenses of casino operators or management	4562
companies, unless a member has a written leave of absence filed	4563
with and approved by the chairperson.	4564

(I) A commission member may be removed or suspended from	4565
office in accordance with section 3.04 of the Revised Code.	4566

(J) Each commission member, before entering upon the	4567
discharge of the member's official duties, shall make an oath to	4568
uphold the Ohio Constitution and laws of the state of Ohio and	4569
shall give a bond, payable by the commission, to the treasurer of	4570
state, in the sum of ten thousand dollars with sufficient sureties	4571
to be approved by the treasurer of state, which bond shall be	4572
filed with the secretary of state.	4573

(K) The commission shall hold one regular meeting each month	4574
and shall convene other meetings at the request of the chairperson	4575
or a majority of the members. A member who fails to attend at	4576
least three-fifths of the regular and special meetings of the	4577
commission during any two-year period forfeits membership on the	4578
commission. All meetings of the commission shall be open meetings	4579
under section 121.22 of the Revised Code except as otherwise	4580
allowed by law.	4581

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	4582
the commission shall have authority to complete the functions of	4583
licensing, regulating, investigating, and penalizing casino	4584
operators, management companies, holding companies, key employees,	4585
casino gaming employees, and gaming-related vendors. The	4586
commission also shall have jurisdiction over all persons	4587
participating in casino gaming authorized by Section 6(C) of	4588
Article XV, Ohio Constitution, and this chapter.	4589

(B) All rules adopted by the commission under this chapter	4590
shall be adopted under procedures established in Chapter 119. of	4591
the Revised Code. The commission may contract for the services of	4592
experts and consultants to assist the commission in carrying out	4593
its duties under this section.	4594

(C) Within six months of the effective date of this section,	4595
the commission shall adopt initial rules as are necessary for	4596
completing the functions stated in division (A) of this section	4597
and for addressing the subjects enumerated in division (D) of this	4598
section.	4599

(D) The commission shall adopt, and as advisable and	4600
necessary shall amend or repeal, rules that include all of the	4601
following:	4602

(1) The prevention of practices detrimental to the public	4603
interest, and providing for the best interests of casino gaming;	4604

(2) Prescribing the method of applying, and the form of	4605
application, that an applicant for a license under this chapter	4606
must follow as otherwise described in this chapter;	4607

(3) Prescribing the information to be furnished by an	4608
applicant or licensee as described in section 3772.11 of the	4609
Revised Code;	4610

(4) Describing the certification standards and duties of an	4611
independent testing laboratory certified under section 3772.31 of	4612
the Revised Code and the relationship between the commission, the	4613
laboratory, the gaming-related vendor, and the casino operator;	4614

(5) The minimum amount of insurance that must be maintained	4615
by a casino operator, management company, holding company, or	4616
gaming-related vendor;	4617

(6) The approval process for a significant change in	4618
ownership or transfer of control of a licensee as provided in	4619
section 3772.091 of the Revised Code;	4620

(7) The design of gaming supplies, devices, and equipment to	4621
be distributed by gaming-related vendors;	4622

(8) Identifying the casino gaming that is permitted,	4623
identifying the gaming supplies, devices, and equipment, that are	4624
permitted, defining the area in which the permitted casino gaming	4625
may be conducted, and specifying the method of operation according	4626
to which the permitted casino gaming is to be conducted as	4627
provided in section 3772.20 of the Revised Code;	4628

(9) Tournament play in any casino facility;

4629

(10) Establishing and implementing a voluntary exclusion	4630
program that provides all of the following:	4631

(a) Except as provided by commission rule, a person who	4632
participates in the program shall agree to refrain from entering a	4633
casino facility.	4634

(b) The name of a person participating in the program shall	4635
be included on a list of persons excluded from all casino	4636
facilities.	4637

(c) Except as provided by commission rule, no person who	4638
participates in the program shall petition the commission for	4639
admittance into a casino facility.	4640

(d) The list of persons participating in the program and the	4641
personal information of those persons shall be confidential and	4642
shall only be disseminated by the commission to a casino operator	4643
and the agents and employees of the casino operator for purposes	4644
of enforcement and to other entities, upon request of the	4645
participant and agreement by the commission.	4646

(e) A casino operator shall make all reasonable attempts as	4647
determined by the commission to cease all direct marketing efforts	4648
to a person participating in the program.	4649

(f) A casino operator shall not cash the check of a person	4650
participating in the program or extend credit to the person in any	4651
manner. However, the program shall not exclude a casino operator	4652
from seeking the payment of a debt accrued by a person before	4653
participating in the program.	4654

(g) Any and all locations at which a person may register as a	4655
participant in the program shall be published.	4656

(11) Requiring the commission to adopt standards regarding	4657
the marketing materials of a licensed casino operator, including	4658
allowing the commission to prohibit marketing materials that are	4659
contrary to the adopted standards;	4660

(12) Requiring that the records, including financial	4661
statements, of any casino operator, management company, holding	4662
company, and gaming-related vendor be maintained in the manner	4663
prescribed by the commission and made available for inspection	4664
upon demand by the commission, but shall be subject to section	4665
3772.16 of the Revised Code;	4666

(13) Permitting a licensed casino operator, management	4667
company, key employee, or casino gaming employee to question a	4668
person suspected of violating this chapter, immediately after	4669
which the licensed casino operator, management company, key	4670
employee, or casino gaming employee shall notify the commission of	4671
such questioning;	4672

(14) The chips, tokens, tickets, electronic cards, or similar	4673
objects that may be purchased by means of an agreement under which	4674
credit is extended to a wagerer by a casino operator;	4675

(15) Establishing standards for provisional key employee	4676
licenses for a person who is required to be licensed as a key	4677
employee and is in exigent circumstances and provisional licenses	4678
for casino gaming employees and gaming-related vendors. A	4679
provisional license shall be valid not longer than three months. A	4680
provisional license may be renewed one time, at the commission's	4681
discretion, for an additional three months.	4682

(16) Establishing approval procedures for third-party	4683
engineering or accounting firms, as described in section 3772.09	4684
of the Revised Code;	4685

(17) Prescribing the manner in which winnings, compensation	4686
from casino gaming, and gross revenue must be computed and	4687
reported by a licensee as described in Chapter 5753. of the	4688
Revised Code;	4689

(18) Prescribing conditions under which a licensee's license	4690
may be suspended or revoked as described in section 3772.04 of the	4691
Revised Code;	4692

(19) Prescribing the manner and procedure of all hearings to	4693
be conducted by the commission or by any hearing examiner;	4694

(20) Prescribing technical standards and requirements that	4695
are to be met by security and surveillance equipment that is used	4696
at and standards and requirements to be met by personnel who are	4697
employed at casino facilities, and standards and requirements for	4698
the provision of security at and surveillance of casino	4699
facilities;	4700

(21) Prescribing requirements for a casino operator to	4701
provide unarmed security services at a casino facility by licensed	4702
casino employees, and the training that shall be completed by	4703
these employees;	4704

(22) Prescribing standards according to which casino	4705
operators shall keep accounts and standards according to which	4706
casino accounts shall be audited, and establish means of assisting	4707
the tax commissioner in levying and collecting the gross casino	4708
revenue tax levied under section 5753.02 of the Revised Code;	4709

(23) Defining penalties for violation of commission rules and	4710
a process for imposing such penalties subject to the approval of	4711
the joint committee on gaming and wagering;	4712

(24) Regulating the conduct and playing of all skill-based	4713
amusement machines, as defined in section 2915.01 of the Revised	4714
Code, in this state, including setting payouts, establishing game	4715
parameters for the methods and media allowable, including all	4716
internet-based playing, establishing licensing procedures,	4717
establishing technical standards, criteria, fees for entities and	4718
locations, and permissible methods for the procurement of	4719
skill-based amusement machines;	4720

(25) Establishing standards for decertifying contractors that	4721
violate statutes or rules of this state or the federal government;	4722

(26) Establishing standards for the repair of casino gaming	4723
equipment;	4724

(27) Providing for any other thing necessary and proper for	4725
successful and efficient regulation of casino gaming under this	4726
chapter.	4727

(E) The commission shall employ and assign gaming agents as	4728
necessary to assist the commission in carrying out the duties of	4729
this chapter. In order to maintain employment as a gaming agent,	4730
the gaming agent shall successfully complete all continuing	4731
training programs required by the commission and shall not have	4732
been convicted of or pleaded guilty or no contest to a	4733
disqualifying offense as defined in section 3772.07 of the Revised	4734
Code.	4735

(F) The commission and its gaming agents shall have authority	4736
with regard to the detection and investigation of, the seizure of	4737
evidence allegedly relating to, and the apprehension and arrest of	4738
persons allegedly committing gaming offenses, and shall have	4739
access to casino facilities to carry out the requirements of this	4740
chapter.	4741

(G) The commission may eject or exclude or authorize the	4742
ejection or exclusion of and a gaming agent may eject a person	4743
from a casino facility for any of the following reasons:	4744

(1) The person's name is on the list of persons voluntarily	4745
excluding themselves from all casinos in a program established	4746
according to rules adopted by the commission;	4747

(2) The person violates or conspires to violate this chapter	4748
or a rule adopted thereunder; or	4749

(3) The commission determines that the person's conduct or	4750
reputation is such that the person's presence within a casino	4751
facility may call into question the honesty and integrity of the	4752
casino gaming operations or interfere with the orderly conduct of	4753
the casino gaming operations.	4754

(H) A person, other than a person participating in a	4755
voluntary exclusion program, may petition the commission for a	4756
public hearing on the person's ejection or exclusion under this	4757
chapter.	4758

(I) A casino operator or management company shall have the	4759
same authority to eject or exclude a person from the management	4760
company's casino facilities as authorized in division (G) of this	4761
section. The licensee shall immediately notify the commission of	4762
an ejection or exclusion.	4763

(J) The commission shall submit a written annual report with	4764
the governor, president and minority leader of the senate, and	4765
speaker and minority leader of the house of representatives before	4766
the first day of September each year. The annual report shall	4767
include a statement describing the receipts and disbursements of	4768
the commission, relevant financial data regarding casino gaming,	4769
including gross revenues and disbursements made under this	4770
chapter, actions taken by the commission, and any additional	4771
information that the commission considers useful or that the	4772
governor, president or minority leader of the senate, or speaker	4773
or minority leader of the house of representatives requests.	4774

Sec. 3772.031. (A) The general assembly finds that the	4775
exclusion or ejection of certain persons from casino facilities is	4776
necessary to effectuate the intents and purposes of this chapter	4777
and to maintain strict and effective regulation of casino gaming.	4778
The commission, by rule, shall provide for a list of persons who	4779
are to be excluded or ejected from a casino facility. Persons	4780
included on the exclusion list shall be identified by name and	4781
physical description. The commission shall publish the exclusion	4782
list on its web site, and shall transmit a copy of the exclusion	4783
list periodically to casino operators, as it is initially issued	4784
and thereafter as it is revised from time to time. A casino	4785
operator shall take steps necessary to ensure that all its key	4786
employees and casino gaming employees are aware of and understand	4787
the exclusion list and its function, and that all its key	4788
employees and casino gaming employees are kept aware of the	4789
content of the exclusion list as it is issued and thereafter	4790
revised from time to time.	4791

(B) The exclusion list may include any person whose presence	4792
in a casino facility is determined by the commission to pose a	4793
threat to the interests of the state, to achieving the intents and	4794
purposes of this chapter, or to the strict and effective	4795
regulation of casino gaming. In determining whether to include a	4796
person on the exclusion list, the commission may consider:	4797

(1) Any prior conviction of a crime that is a felony under	4798
the laws of this state, another state, or the United States, a	4799
crime involving moral turpitude, or a violation of the gaming laws	4800
of this state, another state, or the United States; and	4801

(2) A violation, or a conspiracy to violate, any provision of	4802
this chapter that consists of:	4803

(a) A failure to disclose an interest in a gaming facility	4804
for which the person must obtain a license;	4805

(b) Purposeful evasion of taxes or fees;

4806

(c) A notorious or unsavory reputation that would adversely	4807
affect public confidence and trust that casino gaming is free from	4808
criminal or corruptive elements; or	4809

(d) A violation of an order of the commission or of any other	4810
governmental agency that warrants exclusion or ejection of the	4811
person from a casino facility.	4812

(3) If the person has pending charges or indictments for a	4813
gaming or gambling crime or a crime related to the integrity of	4814
gaming operations in any state;	4815

(4) If the person's conduct or reputation is such that the	4816
person's presence within a casino facility may call into question	4817
the honesty and integrity of the casino gaming operations or	4818
interfere with the orderly conduct of the casino gaming	4819
operations;	4820

(5) If the person is a career or professional offender whose	4821
presence in a casino facility would be adverse to the interest of	4822
licensed gaming in this state;	4823

(6) If the person has a known relationship or connection with	4824
a career or professional offender whose presence in a casino	4825
facility would be adverse to the interest of licensed gaming in	4826
this state;	4827

(7) If the commission has suspended the person's gaming	4828
privileges;	4829

(8) If the commission has revoked the person's licenses	4830
related to this chapter;	4831

(9) If the commission determines that the person poses a	4832
threat to the safety of patrons or employees of a casino facility;	4833

(10) If the person has a history of conduct involving the	4834
disruption of gaming operations within a casino facility.	4835

Race, color, creed, national origin or ancestry, or sex are	4836
not grounds for placing a person on the exclusion list.	4837

(C) The commission shall notify a person of the commission's	4838
intent to include such person on the exclusion list. The notice	4839
shall be provided by personal service, by certified mail to the	4840
person's last known address, or, if service cannot be accomplished	4841
by personal service or certified mail, by publication daily for	4842
two weeks in a newspaper of general circulation within the county	4843
in which the person resides and in a newspaper of general	4844
circulation within each county in which a casino facility is	4845
located.	4846

(D) A person who receives notice of intent to include the	4847
person on the exclusion list is entitled to an adjudication	4848
hearing under Chapter 119. of the Revised Code, except as provided	4849
in this section, in which the person may demonstrate why the	4850
person should not be included on the exclusion list. The person	4851
shall request such an adjudication hearing not later than thirty	4852
days after the person receives the notice by personal service or	4853
certified mail, or not later than thirty days after the last	4854
newspaper publication of the notice. If the adjudication hearing	4855
or any appeal under Chapter 119. of the Revised Code results in an	4856
order that the person should not be included on the exclusion	4857
list, the commission shall publish a revised exclusion list that	4858
does not include the person. The commission also shall notify	4859
casino operators that the person has been removed from the	4860
exclusion list. A casino operator shall take all steps necessary	4861
to ensure its key employees and casino gaming employees are made	4862
aware that the person has been removed from the exclusion list.	4863

(E) This section does not apply to the voluntary exclusion	4864
list created as part of the voluntary exclusion program.	4865

Sec. 3772.032. (A) The permanent joint committee on gaming	4866
and wagering is established. The committee consists of six	4867
members. The speaker of the house of representatives shall appoint	4868
to the committee three members of the house of representatives and	4869
the president of the senate shall appoint to the committee three	4870
members of the senate. Not more than two members appointed from	4871
each chamber may be members of the same political party. The	4872
chairperson shall be from the opposite party as the chairperson of	4873
the joint committee on agency rule review. If the chairperson is	4874
to be from the house of representatives, the speaker of the house	4875
of representatives shall designate a member as the chairperson and	4876
the president of the senate shall designate a member as the	4877
vice-chairperson. If the chairperson is to be from the senate, the	4878
president of the senate shall designate a member as the	4879
chairperson and the speaker of the house of representatives shall	4880
designate a member as the vice-chairperson.	4881

(B) The committee shall:

4882

(1) Review all constitutional amendments, laws, and rules	4883
governing the operation and administration of casino gaming and	4884
all authorized gaming and wagering activities and recommend to the	4885
general assembly and commission any changes it may find desirable	4886
with respect to the language, structure, and organization of those	4887
amendments, laws, or rules;	4888

(2) Make an annual report to the governor and to the general	4889
assembly with respect of the operation and administration of	4890
casino gaming;	4891

(3) Approve all changes of fees and penalties as provided in	4892
this chapter and rules adopted thereunder; and	4893

(4) Study all proposed changes to the constitution and laws	4894
of this state and to the rules adopted by the commission governing	4895
the operation and administration of casino gaming, and report to	4896
the general assembly on their adequacy and desirability as a	4897
matter of public policy.	4898

(C) Any study, or any expense incurred, in furtherance of the	4899
committee's objectives shall be paid for from, or out of, the	4900
casino control commission fund or other appropriation provided by	4901
law. The members shall receive no additional compensation, but	4902
shall be reimbursed for actual and necessary expenses incurred in	4903
the performance of their official duties.	4904

Sec. 3772.033. In carrying out the responsibilities vested in	4905
the commission by this chapter, the commission may do all the	4906
following and may designate any such responsibilities to the	4907
executive director, to the commission's employees, or to the	4908
gaming agents:	4909

(A) Inspect and examine all premises where casino gaming is	4910
conducted or gaming supplies, devices, or equipment are	4911
manufactured, sold, or distributed;	4912

(B) Inspect all gaming supplies, devices, and equipment in or	4913
about a casino facility;	4914

(C) Summarily impound and seize and remove from the casino	4915
facility premises gaming supplies, devices, and equipment for the	4916
purpose of examination and inspection;	4917

(D) Determine any facts, or any conditions, practices, or	4918
other matters, as the commission considers necessary or proper to	4919
aid in the enforcement of this chapter or of a rule adopted	4920
thereunder;	4921

(E) Audit gaming operations, including those that have ceased	4922
operation;	4923

(F) Investigate, for the purpose of prosecution, any	4924
suspected violation of this chapter or rules adopted thereunder;	4925

(G) Investigate as appropriate to aid the commission and to	4926
seek the executive director's advice in adopting rules;	4927

(H) Secure information as is necessary to provide a basis for	4928
recommending legislation for the improvement of this chapter;	4929

(I) Make, execute, and otherwise effectuate all contracts and	4930
other agreements, including contracts for necessary purchases of	4931
goods and services. The commission shall ensure use of Ohio	4932
products or services in compliance with sections 125.09 and 125.11	4933
of the Revised Code and all rules adopted thereunder.	4934

(J) Employ the services of persons the commission considers	4935
necessary for the purposes of consultation or investigation, and	4936
fix the salaries of, or contract for the services of, legal,	4937
accounting, technical, operational, and other personnel and	4938
consultants;	4939

(K) Secure, by agreement, information and services as the	4940
commission considers necessary from any state agency or other unit	4941
of state government;	4942

(L) Acquire furnishings, equipment, supplies, stationery,	4943
books, and all other things the commission considers necessary or	4944
desirable to successfully and efficiently carry out the	4945
commission's duties and functions; and	4946

(M) Perform all other things the commission considers	4947
necessary to effectuate the intents and purposes of this chapter.	4948
This section shall not prohibit the commission from imposing	4949
administrative discipline, including fines and suspension or	4950
revocation of licenses, on licensees under this chapter if the	4951
licensee is found to be in violation of the commission's rules.	4952

Sec. 3772.034. Absent gross negligence, a casino operator,	4953
management company, holding company, gaming-related vendor, the	4954
state, and employees of those entities are entitled to immunity	4955
from any type of civil liability if a person participating in the	4956
voluntary exclusion program enters a casino facility.	4957

Sec. 3772.04. (A)(1) If, as the result of an investigation,	4958
the commission concludes that a license or finding required by	4959
this chapter should be limited, conditioned, or restricted, or	4960
suspended or revoked, the commission shall conduct an adjudication	4961
under Chapter 119. of the Revised Code.	4962

(2) The commission shall appoint a hearing examiner to	4963
conduct the hearing in the adjudication. A party to the	4964
adjudication may file written objections to the hearing examiner's	4965
report and recommendations not later than the thirtieth day after	4966
they are served upon the party or the party's attorney or other	4967
representative of record. The commission shall not take up the	4968
hearing examiner's report and recommendations earlier than the	4969
thirtieth day after the hearing examiner's report and	4970
recommendations were submitted to the commission.	4971

(3) If the commission finds that a person has violated this	4972
chapter or a rule adopted thereunder, the commission may issue an	4973
order:	4974

(a) Limiting, conditioning, or restricting, or suspending or	4975
revoking, a license issued under this chapter;	4976

(b) Limiting, conditioning, or restricting, or suspending or	4977
revoking, a finding made under this chapter;	4978

(c) Requiring a casino facility to exclude a licensee from	4979
the casino facility or requiring a casino facility not to pay to	4980
the licensee any remuneration for services or any share of	4981
profits, income, or accruals on the licensee's investment in the	4982
casino facility; or	4983

(d) Fining a licensee or other person according to the	4984
penalties adopted by the commission.	4985

(4) An order may be judicially reviewed under section 119.12	4986
of the Revised Code.	4987

(B) For the purpose of conducting any study or investigation,	4988
the commission may direct that public hearings be held at a time	4989
and place, prescribed by the commission, in accordance with	4990
section 121.22 of the Revised Code. The commission shall give	4991
notice of all public hearings in such manner as will give actual	4992
notice to all interested parties.	4993

(C) In the discharge of any duties imposed by this chapter,	4994
the commission may require that testimony be given under oath and	4995
administer such oath, issue subpoenas compelling the attendance of	4996
witnesses and the production of any papers, books, and accounts,	4997
and cause the deposition of any witness. In the event of the	4998
refusal of any person without good cause to comply with the terms	4999
of a subpoena issued by the commission or refusal to testify on	5000
matters about which the person may lawfully be questioned, the	5001
prosecuting attorney of the county in which such person resides,	5002
upon the petition of the commission, may bring a proceeding for	5003
contempt against such person in the court of common pleas of that	5004
county.	5005

(D) When conducting a public hearing, the commission shall	5006
not limit the number of speakers who may testify. However, the	5007
commission may set reasonable time limits on the length of an	5008
individual's testimony or the total amount of time allotted to	5009
proponents and opponents of an issue before the commission.	5010

(E) An administrative law judge appointed by the commission	5011
may conduct a hearing under this chapter and recommend findings of	5012
fact and decisions to the commission.	5013

(F) The commission may rely, in whole or in part, upon	5014
investigations, conclusions, or findings of other casino gaming	5015
commissions or other government regulatory bodies in connection	5016
with licensing, investigations, or other matters relating to an	5017
applicant or licensee under this chapter.	5018

Sec. 3772.05. To carry out the provisions of this chapter and	5019
other enforcement provisions provided for under the laws of this	5020
state, the tax commissioner, the Ohio ethics commission, the	5021
inspector general, and the commission, and their respective	5022
employees, may demand access to and inspect, examine, photocopy,	5023
and audit all books, accounts, records, and memoranda of any	5024
person that is not protected by privilege and that is subject to	5025
the provisions of this chapter, and may examine under oath any	5026
officer, agent, or employee of that person.	5027

Sec. 3772.051. Upon cessation of gaming operations, a former	5028
licensee shall furnish, upon the demand of the commission, books,	5029
papers, and other records as necessary for the commission to audit	5030
the ceased gaming operation. A former licensee shall maintain all	5031
books, papers, and other records for a period of three years after	5032
the cessation of gaming operations. However, if a civil action or	5033
criminal proceeding relating to the former licensee is pending, or	5034
if an administrative adjudication or judicial review of an	5035
administrative adjudication relating to the former licensee is	5036
pending, the former licensee shall maintain all books, papers, and	5037
other records until the matter has been finally determined.	5038

If a person disobeys a subpoena or subpoena duces tecum, or	5039
refuses to testify as directed by a subpoena, the commission shall	5040
request the prosecutor of the county in which the person resides	5041
to apply to the court of common pleas for an order compelling the	5042
person to attend or to produce tangible evidence, or to testify,	5043
as directed by the subpoena or subpoena duces tecum. The court	5044
shall treat the application as if it were disobedience to comply	5045
with a subpoena or subpoena duces tecum issued by the court or a	5046
refusal to testify in the court.	5047

Sec. 3772.06. (A)(1) The commission shall appoint an	5048
executive director who shall serve at the pleasure of the	5049
commission. The executive director is in the unclassified service,	5050
shall devote full time to the duties of the office, and shall hold	5051
no other office or employment. The executive director shall, by	5052
experience and training, possess management skills that equip the	5053
executive director to administer an enterprise of the nature of	5054
the commission. The executive director shall not have a pecuniary	5055
interest in any business organization that holds a license under	5056
this chapter, or that does business with any person licensed under	5057
this chapter. A member of the general assembly, a person who holds	5058
an elective office, or an office holder of a political party is	5059
ineligible to be appointed executive director at the same time as	5060
being such a member or holding such an office. The executive	5061
director shall receive an annual salary in accordance with pay	5062
range 48 of section 124.152 of the Revised Code.	5063

(2) The executive director, before entering upon the	5064
discharge of the executive director's official duties, shall give,	5065
and thereafter shall maintain, bond in the amount of twenty-five	5066
thousand dollars, payable to the state, conditioned upon the	5067
executive director's faithful and proper performance of the	5068
executive director's official duties. The bond shall be issued by	5069
a surety authorized to do business in this state and shall be	5070
filed with the secretary of state. The bond may be an individual	5071
bond or a schedule or blanket bond.	5072

(B)(1) The executive director or a deputy designated in	5073
writing by the executive director shall attend all meetings of the	5074
commission and shall act as its secretary. The executive director	5075
shall keep a record of all commission proceedings and shall keep	5076
the commission's records, files, and documents at the commission's	5077
principal office.	5078

(2) The executive director shall be the chief executive	5079
officer and shall be responsible for keeping all commission	5080
records and supervising and administering casino gaming in	5081
accordance with this chapter, and enforcing all commission rules	5082
adopted under this chapter.	5083

(3) The executive director shall hire staff, including an	5084
assistant director or deputy directors, as necessary to assist the	5085
executive director in the executive director's duties under this	5086
chapter. In appointing employees, the executive director is	5087
subject to section 3772.061 of the Revised Code. The executive	5088
director may employ employees as necessary, unless the commission	5089
determines otherwise. Except as otherwise provided in this	5090
chapter, all costs of administration incurred by the executive	5091
director and the executive director's employees shall be paid out	5092
of the casino control commission fund.	5093

(C) A state agency or other unit of state government shall	5094
cooperate with the commission, and shall provide the commission	5095
with information and services the commission considers necessary	5096
to carry out the commission's duties and functions under this	5097
chapter.	5098

(D) The executive director shall confer at least once each	5099
month with the commission, at which time the executive director	5100
shall advise it regarding the operation and administration of the	5101
commission and casino gaming. The executive director shall make	5102
available at the request of the commission all documents, files,	5103
and other records pertaining to the operation and administration	5104
of the commission and casino gaming. The executive director shall	5105
prepare and make available to the commission each month a complete	5106
and accurate accounting of gross casino gaming revenues, and all	5107
other relevant financial information, including an accounting of	5108
all transfers made from the casino control commission fund.	5109

Sec. 3772.061. The executive director of the commission	5110
shall appoint the number of professional, technical, and clerical	5111
employees that is necessary, in the executive director's	5112
reasonable opinion, for conducting internal audits, as an internal	5113
auditing department, of the commission. The professional and	5114
technical employees so appointed shall be qualified by education,	5115
licensing (if relevant), and experience to perform the internal	5116
audit function successfully and efficiently. These employees,	5117
together with clerical employees necessary for their support,	5118
shall be assigned only to the internal audit function and not to	5119
any other function of the commission.	5120

The internal auditing department, at reasonable intervals and	5121
as necessary, shall conduct internal audits of the commission. The	5122
internal audits shall audit the accounts and transactions of the	5123
commission, ascertain the condition of funds used by the	5124
commission, and make an inventory of the funds and of the assets	5125
under the control of the commission. The report of an internal	5126
audit shall be signed by the employee who was principally	5127
responsible for conducting the internal audit. A copy of the	5128
signed report shall be forwarded to the commission and to the	5129
auditor of state. The report is not a public record that is open	5130
to public inspection and copying until it has been forwarded as	5131
required by the preceding sentence.	5132

Sec. 3772.062. The executive director of the commission	5133
shall enter into an agreement with the department of alcohol and	5134
drug addiction services under which the department provides a	5135
program of gambling and addiction services on behalf of the	5136
commission.	5137

Sec. 3772.07. The following appointing or licensing	5138
authorities shall obtain a criminal records check of the person	5139
who is to be appointed or licensed:	5140

(A) The governor, before appointing an individual as a member	5141
of the commission;	5142

(B) The commission, before appointing an individual as	5143
executive director or a gaming agent;	5144

(C) The commission, before issuing a license for a key	5145
employee or casino gaming employee, and before issuing a license	5146
for each investor, except an institutional investor, for a casino	5147
operator, management company, holding company, or gaming-related	5148
vendor;	5149

(D) The executive director, before appointing an individual	5150
as a professional, technical, or clerical employee of the	5151
commission.	5152

Thereafter, such an appointing or licensing authority shall	5153
obtain a criminal records check of the same individual at	5154
three-year intervals.	5155

The appointing or licensing authority shall provide to each	5156
person of whom a criminal records check is required a copy of the	5157
form and the standard fingerprint impression sheet prescribed	5158
under divisions (C)(1) and (2) of section 109.572 of the Revised	5159
Code. The person shall complete the form and impression sheet and	5160
return them to the appointing or licensing authority. If a person	5161
fails to complete and return the form and impression sheet within	5162
a reasonable time, the person is ineligible to be appointed or	5163
licensed or to continue in the appointment or licensure.	5164

The appointing or licensing authority shall forward the	5165
completed form and impression sheet to the superintendent of the	5166
bureau of criminal identification and investigation. The	5167
appointing or licensing authority shall request the superintendent	5168
also to obtain information from the federal bureau of	5169
investigation, including fingerprint-based checks of the national	5170
crime information databases, and from other states and the federal	5171
government under the national crime prevention and privacy compact	5172
as part of the criminal records check.	5173

The commission shall pay the fee the bureau of criminal	5174
identification and investigation charges for all criminal records	5175
checks conducted under this section. An applicant for a casino	5176
operator, management company, holding company, or gaming-related	5177
vendor license shall reimburse the commission for the amount of	5178
the fee paid on the applicant's behalf. An applicant for a key	5179
employee or casino gaming employee license shall reimburse the	5180
commission for the amount of the fee paid on the applicant's	5181
behalf, unless the applicant is applying at the request of a	5182
casino operator or management company, in which case the casino	5183
operator or management company shall reimburse the commission.	5184

The appointing or licensing authority shall review the	5185
results of a criminal records check. The appointing or licensing	5186
authority shall not appoint or license or retain the appointment	5187
or licensure of a person a criminal records check discloses has	5188
been convicted of or has pleaded guilty or no contest to a	5189
disqualifying offense. A "disqualifying offense" means any	5190
gambling offense, any theft offense, any offense having an element	5191
of fraud or misrepresentation, any offense having an element of	5192
moral turpitude, and any felony not otherwise included in the	5193
foregoing list, except as otherwise provided in section 3772.10 of	5194
the Revised Code.	5195

The report of a criminal records check is not a public record	5196
that is open to public inspection and copying. The commission	5197
shall not make the report available to any person other than the	5198
person who was the subject of the criminal records check; an	5199
appointing or licensing authority; a member, the executive	5200
director, or an employee of the commission; or any court or	5201
agency, including a hearing examiner, in a judicial or	5202
administrative proceeding in which the criminal records check is	5203
relevant.	5204

Sec. 3772.08. (A) Casino gaming shall be conducted only by	5205
licensed casino operators of the four casino facilities or by a	5206
licensed management company retained by a licensed casino	5207
operator.	5208

(B) A licensed casino operator, licensed management company,	5209
or another person may provide nongaming amenities at the casino	5210
facility.	5211

(C) No licensed casino operator shall offer keno at a casino	5212
facility other than keno authorized by the state lottery	5213
commission.	5214

Sec. 3772.081. A casino facility may be opened in phases and	5215
may have gaming areas in one or more locations, buildings, or	5216
rooms that are connected by walkways or by nongaming amenities	5217
that together constitute a single casino facility within the	5218
boundaries of the properties described in Section 6(C)(9) of	5219
Article XV, Ohio Constitution.	5220

Sec. 3772.09. (A) No casino operator, management company,	5221
holding company, gaming-related vendor, key employee, or casino	5222
gaming employee shall conduct or participate in conducting casino	5223
gaming without first obtaining a license from the commission.	5224

(B) Before a licensed casino operator may conduct casino	5225
gaming at a casino facility, a licensed casino operator shall	5226
engage a third-party engineering or accounting firm to certify	5227
expenses of its initial investment, as required by section 3772.27	5228
of the Revised Code, and provide documentation to the commission.	5229
The third-party engineering or accounting firm shall be approved	5230
by the commission and shall certify expenses in accordance with	5231
rules adopted by the commission under section 3772.03 of the	5232
Revised Code. The commission may request the department of	5233
administrative services to assist the commission in carrying out	5234
its duties under this section.	5235

Sec. 3772.091. (A) No license issued under this chapter is	5236
transferable. New majority ownership interest or control shall	5237
require a new license. The commission may reopen a licensing	5238
investigation at any time. A significant change in or transfer of	5239
control, as determined by the commission, shall require the filing	5240
of an application for a new license and submission of a license	5241
fee with the commission before any such change or transfer of	5242
control is approved. A change in or transfer of control to an	5243
immediate family member is not considered a significant change	5244
under this section.	5245

(B) As used in this section, "control" means either of the	5246
following:	5247

(1) Either:

5248

(a) Holding fifty per cent or more of the outstanding voting	5249
securities of a licensee; or	5250

(b) For an unincorporated licensee, having the right to fifty	5251
per cent or more of the profits of the licensee, or having the	5252
right in the event of dissolution to fifty per cent or more of the	5253
assets of the licensee.	5254

(2) Having the contractual power presently to designate fifty	5255
per cent or more of the directors of a for-profit or	5256
not-for-profit corporation, or in the case of trusts described in	5257
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	5258
a trust.	5259

Sec. 3772.10. (A) In determining whether to grant or maintain	5260
the privilege of a casino operator, management company, holding	5261
company, key employee, casino gaming employee, or gaming-related	5262
vendor license, the Ohio casino control commission shall consider	5263
all of the following, as applicable:	5264

(1) The reputation, experience, and financial integrity of	5265
the applicant, its holding company, if applicable, and any other	5266
person that directly controls the applicant;	5267

(2) The financial ability of the applicant to purchase and	5268
maintain adequate liability and casualty insurance;	5269

(3) The past and present compliance of the applicant and its	5270
affiliates or affiliated companies with casino-related licensing	5271
requirements in this state or any other jurisdiction, including	5272
whether the applicant has a history of noncompliance with the	5273
casino licensing requirements of any jurisdiction;	5274

(4) If the applicant has been indicted, convicted, pleaded	5275
guilty or no contest, or forfeited bail concerning any criminal	5276
offense under the laws of any jurisdiction, either felony or	5277
misdemeanor, not including traffic violations;	5278

(5) If the applicant has filed, or had filed against it a	5279
proceeding for bankruptcy or has ever been involved in any formal	5280
process to adjust, defer, suspend, or otherwise work out the	5281
payment of any debt;	5282

(6) If the applicant has been served with a complaint or	5283
other notice filed with any public body regarding a payment of any	5284
tax required under federal, state, or local law that has been	5285
delinquent for one or more years;	5286

(7) If the applicant is or has been a defendant in litigation	5287
involving its business practices;	5288

(8) If awarding a license would undermine the public's	5289
confidence in the casino gaming industry in this state;	5290

(9) If the applicant meets other standards for the issuance	5291
of a license that the commission adopts by rule, which shall not	5292
be arbitrary, capricious, or contradictory to the expressed	5293
provisions of this chapter.	5294

(B) All applicants for a license under this chapter shall	5295
establish their suitability for a license by clear and convincing	5296
evidence. If the commission determines that a person is eligible	5297
under this chapter to be issued a license as a casino operator,	5298
management company, holding company, key employee, casino gaming	5299
employee, or gaming-related vendor, the commission shall issue	5300
such license for not more than three years, as determined by	5301
commission rule, if all other requirements of this chapter have	5302
been satisfied.	5303

(C) The commission shall not issue a casino operator,	5304
management company, holding company, key employee, casino gaming	5305
employee, or gaming-related vendor license under this chapter to	5306
an applicant if:	5307

(1) Except as otherwise provided, the applicant has been	5308
convicted of a disqualifying offense, as defined in section	5309
3772.07 of the Revised Code. For an offense other than a gambling	5310
offense, an applicant for a casino gaming employee license may	5311
prove to the commission, by clear and convincing evidence, that	5312
the applicant's activities and employment record for at least ten	5313
years after the conviction show that the applicant is honest,	5314
truthful, and of good reputation, and there is no basis in fact	5315
for believing that the applicant will commit such an offense	5316
again. For a misdemeanor gambling offense or misdemeanor sex	5317
offense, an applicant may prove to the commission, by clear and	5318
convincing evidence, that the applicant's activities and	5319
employment record for at least ten years after the conviction show	5320
that the applicant is honest, truthful, and of good reputation,	5321
and there is no basis in fact for believing that the applicant	5322
will commit such an offense again.	5323

(2) The applicant has submitted an application for license	5324
under this chapter that contains false information.	5325

(3) The applicant is a commission member.

5326

(4) The applicant owns an ownership interest that is unlawful	5327
under this chapter, unless waived by the commission.	5328

(5) The applicant violates specific rules adopted by the	5329
commission related to denial of licensure.	5330

(6) The applicant is a member of or employed by a gaming	5331
regulatory body of a governmental unit in this state, another	5332
state, or the federal government, or is employed by a governmental	5333
unit of this state. This division does not prohibit a casino	5334
operator from hiring special duty law enforcement officers if the	5335
officers are not specifically involved in gaming-related	5336
regulatory functions.	5337

(7) The commission otherwise determines the applicant is	5338
ineligible for the license.	5339

(D)(1) The commission shall investigate the qualifications of	5340
each applicant under this chapter before any license is issued and	5341
before any finding with regard to acts or transactions for which	5342
commission approval is required is made. The commission shall	5343
continue to observe the conduct of all licensees and all other	5344
persons having a material involvement directly or indirectly with	5345
a casino operator, management company, or holding company to	5346
ensure that licenses are not issued to or held by, or that there	5347
is not any material involvement with a casino operator, management	5348
company, or holding company by, an unqualified, disqualified, or	5349
unsuitable person or a person whose operations are conducted in an	5350
unsuitable manner or in unsuitable or prohibited places or	5351
locations.	5352

(2) The executive director may recommend to the commission	5353
that it deny any application, or limit, condition, or restrict, or	5354
suspend or revoke, any license or finding, or impose any fine upon	5355
any licensee or other person according to this chapter and the	5356
rules adopted thereunder.	5357

(3) A license issued under this chapter is a revocable	5358
privilege. No licensee has a vested right in or under any license	5359
issued under this chapter. The initial determination of the	5360
commission to deny, or to limit, condition, or restrict, a license	5361
may be appealed under section 2505.03 of the Revised Code.	5362

(E)(1) An institutional investor otherwise required to be	5363
found suitable or qualified under this chapter and the rules	5364
adopted under this chapter shall be presumed suitable or qualified	5365
upon submitting documentation sufficient to establish	5366
qualifications as an institutional investor and upon certifying	5367
all of the following:	5368

(a) The institutional investor owns, holds, or controls	5369
publicly traded securities issued by a licensee or holding,	5370
intermediate, or parent company of a licensee or in the ordinary	5371
course of business for investment purposes only.	5372

(b) The institutional investor does not exercise influence	5373
over the affairs of the issuer of such securities nor over any	5374
licensed subsidiary of the issuer of such securities.	5375

(c) The institutional investor does not intend to exercise	5376
influence over the affairs of the issuer of such securities, nor	5377
over any licensed subsidiary of the issuer of such securities, in	5378
the future, and that it agrees to notify the commission in writing	5379
within thirty days if such intent changes.	5380

(2) The exercise of voting privileges with regard to publicly	5381
traded securities shall not be deemed to constitute the exercise	5382
of influence over the affairs of a licensee.	5383

(3) The commission shall rescind the presumption of	5384
suitability for an institutional investor at any time if the	5385
institutional investor exercises or intends to exercise influence	5386
or control over the affairs of the licensee.	5387

(4) This division shall not be construed to preclude the	5388
commission from investigating the suitability or qualifications of	5389
an institutional investor if the commission becomes aware of facts	5390
or information that may result in the institutional investor being	5391
found unsuitable or disqualified.	5392

(F) Information provided on the application shall be used as	5393
a basis for a thorough background investigation of each applicant.	5394
A false or incomplete application is cause for denial of a license	5395
by the commission. All applicants and licensees shall consent to	5396
inspections, searches, and seizures and to the disclosure to the	5397
commission and its agents of confidential records, including tax	5398
records, held by any federal, state, or local agency, credit	5399
bureau, or financial institution and to provide handwriting	5400
exemplars, photographs, fingerprints, and information as	5401
authorized in this chapter and in rules adopted by the commission.	5402

Sec. 3772.11. (A) A person may apply to the commission for a	5403
casino operator, management company, or holding company license to	5404
conduct casino gaming at a casino facility as provided in this	5405
chapter. The application shall be made under oath on forms	5406
provided by the commission and shall contain information as	5407
prescribed by rule, including, but not limited to, all of the	5408
following:	5409

(1) The name, business address, business telephone number,	5410
social security number, and, where applicable, the federal tax	5411
identification number of any applicant;	5412

(2) The identity of every person having a greater than five	5413
per cent direct or indirect interest in the applicant casino	5414
facility for which the license is sought for publicly traded	5415
companies or greater than one per cent for privately held	5416
companies;	5417

(3) An identification of any business, including the state of	5418
incorporation or registration if applicable, in which an	5419
applicant, or the spouse or children of an applicant, has an	5420
equity interest of more than five per cent;	5421

(4) The name of any casino operator, management company,	5422
holding company, and gaming-related vendor in which the applicant	5423
has an equity interest of at least five per cent;	5424

(5) If an applicant has ever applied for or has been granted	5425
any gaming license or certificate issued by a licensing authority	5426
in Ohio or any other jurisdiction that has been denied,	5427
restricted, suspended, revoked, or not renewed and a statement	5428
describing the facts and circumstances concerning the application,	5429
denial, restriction, suspension, revocation, or nonrenewal,	5430
including the licensing authority, the date each action was taken,	5431
and the reason for each action;	5432

(6) If an applicant has ever filed or had filed against it a	5433
civil or administrative action or proceeding in bankruptcy,	5434
including the date of filing, the name and location of the court,	5435
the case caption, the docket number, and the disposition;	5436

(7) The name and business telephone number of any attorney	5437
representing an applicant in matters before the commission;	5438

(8) Information concerning the amount, type of tax, the	5439
taxing agency, and times involved, if the applicant has filed or	5440
been served with a complaint or notice filed with a public body	5441
concerning a delinquency in the payment of or a dispute over a	5442
filing concerning the payment of a tax required under federal,	5443
state, or local law;	5444

(9) A description of any proposed casino gaming operation and	5445
related casino enterprises, including the type of casino facility,	5446
location, expected economic benefit to the community, anticipated	5447
or actual number of employees, any statement from an applicant	5448
regarding compliance with federal and state affirmative action	5449
guidelines, projected or actual admissions, projected or actual	5450
gross receipts, and scientific market research;	5451

(10) Financial information in the manner and form prescribed	5452
by the commission;	5453

(11) If an applicant has directly made a political	5454
contribution, loan, donation, or other payment of one hundred	5455
dollars or more to a statewide office holder, a member of the	5456
general assembly, a local government official elected in a	5457
jurisdiction where a casino facility is located, or a ballot issue	5458
not more than one year before the date the applicant filed the	5459
application and all information relating to the contribution,	5460
loan, donation, or other payment;	5461

(12) Any criminal conviction; and

5462

(13) Other information required by the commission under rules	5463
adopted by the commission.	5464

(B) Any holding company or management company, its directors,	5465
executive officers, and any shareholder who holds more than five	5466
per cent ownership interest of a holding company or management	5467
company shall be required to submit the same information as	5468
required by an applicant under this section.	5469

Sec. 3772.111. In determining whether to grant a casino	5470
operator license, the commission shall also consider:	5471

(A) The facilities or proposed facilities for the conduct of	5472
casino gaming;	5473

(B) The prospective total revenue to be collected by the	5474
state from the conduct of casino gaming;	5475

(C) The extent to which the applicant exceeds or meets other	5476
standards adopted by the commission.	5477

Sec. 3772.12. (A) A person may apply for a gaming-related	5478
vendor license. All applications shall be made under oath.	5479

(B) A person who holds a gaming-related vendor's license is	5480
authorized to sell or lease, and to contract to sell or lease,	5481
equipment and supplies to any licensee involved in the ownership	5482
or management of a casino facility.	5483

(C) Gambling supplies and equipment shall not be distributed	5484
unless supplies and equipment conform to standards adopted in	5485
rules adopted by the commission.	5486

Sec. 3772.121. (A) The commission may issue a gaming-related	5487
vendor's license under this chapter to an applicant who has:	5488

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

5489

(2) Paid a nonrefundable license fee as described in section	5490
3772.17 of the Revised Code, which shall cover all actual costs	5491
generated by each licensee and all background checks;	5492

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

5493

(4) Been determined by the commission as eligible for a	5494
gaming-related vendor's license.	5495

(B) A gaming-related vendor shall furnish to the commission a	5496
list of all equipment, devices, and supplies offered for sale or	5497
lease in connection with casino games authorized under this	5498
chapter.	5499

(C) A gaming-related vendor's equipment, devices, or supplies	5500
that are used by a person in an unauthorized casino gaming	5501
operation shall be forfeited to the state.	5502

Sec. 3772.13. (A) No person may be employed as a key employee	5503
unless the person is the holder of a valid key employee license	5504
issued by the commission.	5505

(B) Each applicant shall, before the issuance of any key	5506
employee license, produce information, documentation, and	5507
assurances as are required by this chapter and rules adopted	5508
thereunder. In addition, each applicant shall, in writing,	5509
authorize the examination of all bank accounts and records as may	5510
be deemed necessary by the commission.	5511

(C) To be eligible for a key employee license, the applicant	5512
shall be at least twenty-one years of age and shall meet the	5513
criteria set forth by rule by the commission.	5514

(D) Each application for a key employee license shall be on a	5515
form prescribed by the commission and shall contain all	5516
information required by the commission. The applicant shall set	5517
forth in the application if the applicant has been issued prior	5518
gambling-related licenses; if the applicant has been licensed in	5519
any other state under any other name, and, if so, the name under	5520
which the license was issued and the applicant's age at the time	5521
the license was issued; any criminal conviction the applicant has	5522
had; and if a permit or license issued to the applicant in any	5523
other state has been suspended, restricted, or revoked, and, if	5524
so, the cause and the duration of each action.	5525

(E) Each applicant shall submit with each application, on a	5526
form provided by the commission, two sets of fingerprints and a	5527
photograph. The commission shall charge each applicant an	5528
application fee set by the commission to cover all actual costs	5529
generated by each licensee and all background checks under this	5530
section and section 3772.07 of the Revised Code.	5531

(F)(1) The casino operator, management company, or holding	5532
company by whom a person is employed as a key employee shall	5533
terminate the person's employment in any capacity requiring a	5534
license under this chapter and shall not in any manner permit the	5535
person to exercise a significant influence over the operation of a	5536
casino facility if:	5537

(a) The person does not apply for and receive a key employee	5538
license within three months of being issued a provisional license,	5539
as established under commission rule.	5540

(b) The person's application for a key employee license is	5541
denied by the commission.	5542

(c) The person's key employee license is revoked by the	5543
commission.	5544

The commission shall notify the casino operator, management	5545
company, or holding company who employs such a person by certified	5546
mail of any such finding, denial, or revocation.	5547

(2) A casino operator, management company, or holding company	5548
shall not pay to a person whose employment is terminated under	5549
division (F)(1) of this section, any remuneration for any services	5550
performed in any capacity in which the person is required to be	5551
licensed, except for amounts due for services rendered before	5552
notice was received under that division. A contract or other	5553
agreement for personal services or for the conduct of any casino	5554
gaming at a casino facility between a casino operator, management	5555
company, or holding company and a person whose employment is	5556
terminated under division (F)(1) of this section may be terminated	5557
by the casino operator, management company, or holding company	5558
without further liability on the part of the casino operator,	5559
management company, or holding company. Any such contract or other	5560
agreement is deemed to include a term authorizing its termination	5561
without further liability on the part of the casino operator,	5562
management company, or holding company upon receiving notice under	5563
division (F)(1) of this section. That a contract or other	5564
agreement does not expressly include such a term is not a defense	5565
in any action brought to terminate the contract or other	5566
agreement, and is not grounds for relief in any action brought	5567
questioning termination of the contract or other agreement.	5568

(3) A casino operator, management company, or holding	5569
company, without having obtained the prior approval of the	5570
commission, shall not enter into any contract or other agreement	5571
with a person who has been found unsuitable, who has been denied a	5572
license, or whose license has been revoked under division (F)(1)	5573
of this section, or with any business enterprise under the control	5574
of such a person, after the date on which the casino operator,	5575
management company, or holding company receives notice under that	5576
division.	5577

Sec. 3772.131. (A) All casino gaming employees are required	5578
to have a casino gaming employee license. "Casino gaming employee"	5579
means the following and their supervisors:	5580

(1) Individuals involved in operating a casino gaming pit,	5581
including dealers, shills, clerks, hosts, and junket	5582
representatives;	5583

(2) Individuals involved in handling money, including	5584
cashiers, change persons, count teams, and coin wrappers;	5585

(3) Individuals involved in operating casino games;

5586

(4) Individuals involved in operating and maintaining slot	5587
machines, including mechanics, floor persons, and change and	5588
payoff persons;	5589

(5) Individuals involved in security, including guards and	5590
game observers;	5591

(6) Individuals with duties similar to those described in	5592
divisions (A)(1) to (5) of this section or other persons as the	5593
commission determines. "Casino gaming employee" does not include	5594
an individual whose duties are related solely to nongaming	5595
activities such as entertainment, hotel operation, maintenance, or	5596
preparing or serving food and beverages.	5597

(B) The commission may issue a casino gaming employee license	5598
to an applicant after it has determined that the applicant is	5599
eligible for a license under rules adopted by the commission and	5600
paid any applicable fee. All applications shall be made under	5601
oath.	5602

(C) To be eligible for a casino gaming employee license, an	5603
applicant shall be at least twenty-one years of age.	5604

(D) Each application for a casino gaming employee license	5605
shall be on a form prescribed by the commission and shall contain	5606
all information required by the commission. The applicant shall	5607
set forth in the application if the applicant has been issued	5608
prior gambling-related licenses; if the applicant has been	5609
licensed in any other state under any other name, and, if so, the	5610
name under which the license was issued and the applicant's age at	5611
the time the license was issued; any criminal conviction the	5612
applicant has had; and if a permit or license issued to the	5613
applicant in any other state has been suspended, restricted, or	5614
revoked, and, if so, the cause and the duration of each action.	5615

(E) Each applicant shall submit with each application, on a	5616
form provided by the commission, two sets of the applicant's	5617
fingerprints and a photograph. The commission shall charge each	5618
applicant an application fee to cover all actual costs generated	5619
by each licensee and all background checks.	5620

Sec. 3772.14. (A) After notice and opportunity for an	5621
adjudication conducted under Chapter 119. of the Revised Code, the	5622
commission may suspend, revoke, or refuse to issue or renew a	5623
license in accordance with rules adopted by the commission and the	5624
commission may reopen a licensing hearing at any time.	5625

(B) Without in any manner limiting the authority of the	5626
commission to impose the level and type of discipline it may	5627
consider appropriate, the commission may take into consideration:	5628

(1) If the licensee knew or reasonably should have known that	5629
the action complained of was a violation of any law, regulation,	5630
or condition on the licensee's license;	5631

(2) If the licensee has previously been disciplined by the	5632
commission;	5633

(3) If the licensee has previously been subject to discipline	5634
by the commission concerning the violation of any law, regulation,	5635
or condition of the licensee's license;	5636

(4) If the licensee reasonably relied upon professional	5637
advice from a lawyer, doctor, accountant, or other recognized	5638
professional that was relevant to the action resulting in the	5639
violation;	5640

(5) If the licensee or licensee's employer had a reasonably	5641
constituted and functioning compliance program;	5642

(6) If the imposition of a condition requiring the licensee	5643
to establish and implement a written self-enforcement and	5644
compliance program would assist in ensuring the licensee's future	5645
compliance with all statutes, regulations, and conditions of the	5646
license;	5647

(7) If the licensee realized a pecuniary gain from the	5648
violation;	5649

(8) If the amount of any fine or other penalty imposed would	5650
result in disgorgement of any gains unlawfully realized by the	5651
licensee;	5652

(9) If the violation was caused by an officer or employee of	5653
the licensee, the level of authority of the individual who caused	5654
the violation;	5655

(10) If the individual who caused the violation acted within	5656
the scope of the individual's authority as granted by the	5657
licensee;	5658

(11) The adequacy of any training programs offered by the	5659
licensee or licensee's employer that were relevant to the activity	5660
which resulted in the violation;	5661

(12) If the licensee's action substantially deviated from	5662
industry standards and customs;	5663

(13) The extent to which the licensee cooperated with the	5664
commission during the investigation of the violation;	5665

(14) If the licensee has initiated remedial measures to	5666
prevent similar violations;	5667

(15) The magnitude of penalties imposed on other licensees	5668
for similar violations;	5669

(16) The proportionality of the penalty in relation to the	5670
misconduct;	5671

(17) The extent to which the amount of any fine imposed would	5672
punish the licensee for the conduct and deter future violations;	5673

(18) Any mitigating factors offered by the licensee; and

5674

(19) Any other factors the commission in its sole and	5675
absolute discretion may consider relevant.	5676

Sec. 3772.15. (A) Unless a license issued under this chapter	5677
is suspended, expires, or is revoked, the license shall be renewed	5678
for not more than three years, as determined by commission rule,	5679
after a determination by the commission that the licensee is in	5680
compliance with this chapter and rules authorized by this chapter	5681
and after the licensee pays a fee.	5682

(B) A licensee shall undergo a complete investigation at	5683
least every three years, as determined by commission rule, to	5684
determine that the licensee remains in compliance with this	5685
chapter.	5686

(C) Notwithstanding division (B) of this section, the	5687
commission may investigate a licensee at any time the commission	5688
determines it is necessary to ensure that the licensee remains in	5689
compliance with this section.	5690

(D) The holder of a license shall bear the cost of an	5691
investigation, except key employees and casino gaming employees	5692
who are employed by a casino operator, in which case the casino	5693
operator shall pay the investigation cost.	5694

Sec. 3772.16. (A) Any information concerning the following	5695
submitted, collected, or gathered as part of an application to the	5696
commission for a license under this chapter is confidential and	5697
not subject to disclosure as a record under section 149.43 of the	5698
Revised Code:	5699

(1) A minor child of an applicant;

5700

(2) The social security number of an applicant or the spouse	5701
of an applicant;	5702

(3) The home telephone number of an applicant or the spouse	5703
or children of an applicant;	5704

(4) An applicant's birth certificate;

5705

(5) The driver's license number of an applicant or the	5706
applicant's spouse;	5707

(6) The name or address of a previous spouse of the	5708
applicant;	5709

(7) The date of birth of the spouse of an applicant;

5710

(8) The place of birth of the spouse of an applicant;

5711

(9) The personal financial information and records of an	5712
applicant or the spouse or minor child of an applicant, including	5713
tax returns and information, and records of criminal proceedings;	5714

(10) Any information concerning a victim of domestic	5715
violence, sexual assault, or stalking;	5716

(11) The electronic mail address of the spouse or family	5717
member of the applicant;	5718

(12) An applicant's home addresses; and

5719

(13) Any trade secret.

5720

(B) Notwithstanding any other law, upon written request from	5721
a person, the commission shall provide the following information	5722
to the person except as provided in this chapter:	5723

(1) The information provided under this chapter concerning a	5724
licensee or an applicant;	5725

(2) The amount of the wagering tax and admission tax paid	5726
daily to the state by a licensed applicant or an operating agent;	5727
and	5728

(3) A copy of a letter providing the reasons for the denial	5729
of an applicant's license or an operating agent's contract and a	5730
copy of a letter providing the reasons for the commission's	5731
refusal to allow an applicant to withdraw the applicant's	5732
application, but with confidential information redacted if that	5733
information is the reason for the denial or refusal to withdraw.	5734

(C) Except as provided in divisions (C) and (D) of this	5735
section, in addition to information that is confidential under	5736
division (A) of this section, all information maintained by the	5737
commission concerning an individual who holds, held, or has	5738
applied for a license under this chapter:	5739

(1) Is confidential for purposes of this chapter and not	5740
subject to disclosure under section 149.43 of the Revised Code;	5741
and	5742

(2) May be released by the commission only for law	5743
enforcement purposes or to a state or local public agency, which	5744
shall keep such information confidential.	5745

(D) The individual's name, the individual's place of	5746
employment, the individual's job title, and the individual's	5747
gaming experience that is provided for an individual who holds,	5748
held, or has applied for a license under this chapter is not	5749
confidential. The reason for denial or revocation of a license or	5750
for disciplinary action against the individual and information	5751
submitted by the individual for a felony waiver request is not	5752
confidential.	5753

(E) An individual who holds, held, or has applied for a	5754
license under this chapter may waive the confidentiality	5755
requirements of division (A) of this section.	5756

Sec. 3772.17. (A) The upfront license fee to obtain a license	5757
as a casino operator shall be fifty million dollars per casino	5758
facility, which shall be deposited into the economic development	5759
programs fund, which is created in the state treasury. New casino	5760
operator, management company, and holding company license and	5761
renewal license fees shall be set by rule, subject to the approval	5762
of the joint committee on gaming and wagering.	5763

(B) The fee to obtain an application for a casino operator,	5764
management company, or holding company license shall be two	5765
million dollars per application. The application fee shall be	5766
deposited into the casino control commission fund. The application	5767
fee is nonrefundable.	5768

(C) The license fees for a gaming-related vendor shall be set	5769
by rule, subject to the approval of the joint committee on gaming	5770
and wagering. Additionally, the commission may assess an applicant	5771
a reasonable fee in the amount necessary to process a	5772
gaming-related vendor license application.	5773

(D) The license fees for a key employee shall be set by rule,	5774
subject to the approval of the joint committee on gaming and	5775
wagering. Additionally, the commission may assess an applicant a	5776
reasonable fee in the amount necessary to process a key employee	5777
license application. If the license is being sought at the request	5778
of a casino operator, such fees shall be paid by the casino	5779
operator.	5780

(E) The license fees for a casino gaming employee shall be	5781
set by rule, subject to the approval of the joint committee on	5782
gaming and wagering. If the license is being sought at the request	5783
of a casino operator, the fee shall be paid by the casino	5784
operator.	5785

Sec. 3772.18. (A) Each casino operator, management company,	5786
and holding company involved in the application and ownership or	5787
management of a casino facility shall provide to the commission as	5788
applicable:	5789

(1) An annual balance sheet;

5790

(2) An annual income statement;

5791

(3) An annual audited financial statement;

5792

(4) A list of the stockholders or other persons having at	5793
least a five per cent ownership interest in the casino operator,	5794
management company, or holding company and any other information	5795
the commission considers necessary for the effective	5796
administration of this chapter;	5797

(5) The applicant's plan and process to provide employment	5798
opportunities;	5799

(6) The applicant's plan and process to purchase goods and	5800
services from Ohio;	5801

(7) Notification of any material changes to the applicant's	5802
or licensee's stockholders must be provided to the commission	5803
within sixty days of the change. Notification of any refinancing	5804
and debt issuance shall be in accordance with rules adopted by the	5805
commission under Chapter 119. of the Revised Code; and	5806

(8) An applicant's compulsive and problem gambling plan. A	5807
casino operator shall submit an annual summary of its compulsive	5808
and problem gambling plan to the commission. The plan at a minimum	5809
shall contain the following elements:	5810

(a) The goals of the plan and procedures and timetables to	5811
implement the plan;	5812

(b) The identification of the individual who will be	5813
responsible for the implementation and maintenance of the plan;	5814

5815

(i) The commitment of the casino operator to train	5816
appropriate employees;	5817

(ii) The duties and responsibilities of the employees	5818
designated to implement or participate in the plan;	5819

(iii) The responsibility of patrons with respect to	5820
responsible gambling;	5821

(iv) Procedures for providing information to individuals	5822
regarding community, public and private treatment services,	5823
gamblers anonymous programs, and similar treatment or addiction	5824
therapy programs designed to prevent, treat, or monitor compulsive	5825
and problem gamblers and to counsel family members;	5826

(v) The provision of printed material to educate patrons	5827
about compulsive and problem gambling and to inform them about	5828
treatment services available to compulsive and problem gamblers	5829
and their families;	5830

(vi) The employee training program;

5831

(vii) Procedures to prevent underage gambling;

5832

(viii) Procedures to prevent intoxicated patrons from	5833
gambling;	5834

(ix) The plan for posting signs within the casino facility	5835
containing gambling treatment information.	5836

(9) An annual plan for and report of construction and	5837
operations that reasonably meet or exceed approved diversity goals	5838
during casino facility construction and in casino gaming	5839
operations and a process by which the commission shall determine	5840
if a casino operator is, in good faith, reasonably meeting or	5841
exceeding its goals as a condition of obtaining and maintaining a	5842
license to operate a casino facility. Annual plans shall include	5843
good faith efforts to meet goals in the following: supplier	5844
diversity; workplace diversity; diversity in community outreach;	5845
and diversity in provision of professional services.	5846

(B) Each casino operator shall submit quarterly updates and	5847
an annual report to the commission of its adherence to the plans	5848
and goals submitted under division (A) of this section. The	5849
department of administrative services may certify to the	5850
commission whether or not those plans and goals have been met.	5851

(C) Preference shall be given to each of the following to	5852
train employees for casino-related employment opportunities:	5853

(1) State institutions of higher education as defined in	5854
section 3345.011 of the Revised Code;	5855

(2) Private career schools holding program authorizations	5856
issued by the state board of career colleges and schools under	5857
division (C) of section 3332.05 of the Revised Code;	5858

(3) Private institutions exempt from regulation under Chapter	5859
3332. of the Revised Code as prescribed in section 3333.046 of the	5860
Revised Code.	5861

Sec. 3772.19. A person shall not hold a majority ownership	5862
interest in, or be a management company for, more than two casino	5863
facilities at any one time. A person shall not hold a majority	5864
ownership interest in, or be a management company, for more than	5865
two tracks at which horse racing where the pari-mutuel system of	5866
wagering is conducted at any one time, of which not more than one	5867
shall be a track for thoroughbred horses.	5868

Sec. 3772.20. (A) A maximum of five thousand slot machines	5869
may be operated at a casino facility. Each casino operator for	5870
each casino facility shall determine the total number of slot	5871
machines in their facility, up to a maximum of five thousand slot	5872
machines that may be operated at such casino facility. There shall	5873
be no limit on the number of table games allowed at each casino	5874
facility.	5875

(B) Any slot machine game or table game currently authorized	5876
in, and any future slot machine or table game authorized in, the	5877
states of Indiana, Michigan, Pennsylvania, and West Virginia may	5878
be conducted at casino facilities in this state at the discretion	5879
of a licensed casino operator but only after being approved, upon	5880
application by a licensed casino operator, by the commission.	5881

(C) Minimum and maximum wagers on casino gaming shall be	5882
determined by casino operators, subject to the commission's	5883
approval.	5884

(D) No slot machine shall be set to pay out less than the	5885
theoretical payout percentage, which shall be not less than	5886
eighty-five per cent, as specifically approved by the commission.	5887
The commission shall adopt rules that define the theoretical	5888
payout percentage of a slot machine based on the total value of	5889
the jackpots expected to be paid by a slot machine divided by the	5890
total value of slot machine wagers expected to be made on that	5891
slot machine during the same portion of the game cycle. In	5892
determining the theoretical payout percentage, the commission may	5893
consider market conditions, the payout percentage in other states,	5894
the impact on gaming within the market, or any other factor the	5895
commission deems relevant. The commission may adjust the payout	5896
percentage at any time.	5897

Sec. 3772.21. (A) Casino gaming equipment and supplies	5898
customarily used in conducting casino gaming shall be purchased or	5899
leased only from gaming-related vendors licensed under this	5900
chapter. A management company owning casino gaming devices,	5901
supplies, and equipment shall be licensed as a gaming-related	5902
vendor under this chapter.	5903

(B) Annually, a gaming-related vendor shall furnish to the	5904
commission a list of all equipment, devices, and supplies offered	5905
for sale or lease in connection with casino gaming authorized	5906
under this chapter.	5907

(C) A gaming-related vendor shall keep books and records for	5908
the furnishing of equipment, devices, and supplies to gaming	5909
operations separate from books and records of any other business	5910
operated by the gaming-related vendor. A gaming-related vendor	5911
shall file a quarterly return with the commission listing all	5912
sales and leases. A gaming-related vendor shall permanently affix	5913
the gaming-related vendor's name to all of the gaming-related	5914
vendor's equipment, devices, and supplies for casino gaming	5915
operations.	5916

(D) A gaming-related vendor's equipment, devices, or supplies	5917
that are used by a person in an unauthorized casino gaming	5918
operation shall be forfeited to the commission.	5919

(E) Gaming equipment, devices, and supplies that are provided	5920
by a gaming-related vendor may be repaired by the casino facility	5921
or removed for repair from the casino facility to a facility owned	5922
by a casino operator or management company.	5923

(F) Any gambling equipment, devices, and supplies provided by	5924
any licensed gaming-related vendor may be either repaired in the	5925
casino or removed from the casino to an area or facility owned by	5926
a casino operator or management company.	5927

Sec. 3772.22. (A) All casino facility operations shall use a	5928
cashless wagering system whereby all wagerers' money is converted	5929
to chips, tokens, tickets, electronic cards, or other instruments	5930
of value at the request of the wagerer that may only be used for	5931
wagering at a casino facility. Wagering shall not be conducted	5932
with money or other negotiable currency.	5933

(B) Wagers may be received only from a person present at a	5934
casino facility. A wagerer present at a casino facility shall not	5935
place or attempt to place a wager on behalf of an individual who	5936
is not present at the casino facility.	5937

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	5938
are used to make wagers shall be purchased from the casino	5939
operator or management company while at a casino facility that has	5940
been approved by the commission. Chips, tokens, tickets,	5941
electronic cards, or similar objects may be used while at the	5942
casino facility only for the purpose of making wagers on casino	5943
games.	5944

(B) Casino operators and management companies shall not do	5945
any of the following:	5946

(1) Obtain a license to operate a check-cashing business	5947
under sections 1315.01 to 1315.30 of the Revised Code;	5948

(2) Obtain a license to provide loans under sections 1321.01	5949
to 1321.19 of the Revised Code;	5950

(3) Obtain a license to provide loans under sections 1321.35	5951
to 1321.48 of the Revised Code.	5952

(C) Casino operators and management companies may do both of	5953
the following:	5954

(1) Cash checks for casino patrons;

5955

(2) Provide promotional credits to their patrons. Promotional	5956
credits played by slot machine and table game patrons have no	5957
value attributed to their use for purposes of calculating gross	5958
casino revenue. Promotional credits shall be subject to oversight	5959
and approval by the commission.	5960

Sec. 3772.24. (A) An employee of a casino facility who is	5961
between eighteen and twenty-one years of age may be present in the	5962
area of a casino facility where casino gaming is being conducted,	5963
as long as the employee's duties are related solely to nongaming	5964
activities. An individual who is less than twenty-one years of age	5965
may enter a designated area of a casino facility where casino	5966
gaming is being conducted, as established by the commission, to	5967
pass to another area where casino gaming is not being conducted.	5968
An individual who is less than twenty-one years of age shall not	5969
make a wager under this chapter.	5970

(B) Casino operators shall notify the commission of the days	5971
and hours during which casino gaming will be conducted.	5972

Sec. 3772.25. The following are not subject to, or limited	5973
by, the requirements of this chapter or Section 6(C) of Article	5974
XV, Ohio Constitution:	5975

(A) Charitable gaming authorized by Chapter 2915. of the	5976
Revised Code;	5977

(B) Charitable bingo authorized by Section 6 of Article XV,	5978
Ohio Constitution, and as authorized by Chapter 2915. of the	5979
Revised Code;	5980

(C) Lottery games as authorized by Section 6 of Article XV,	5981
Ohio Constitution; and	5982

(D) Pari-mutuel wagering authorized by Chapter 3769. of the	5983
Revised Code.	5984

Sec. 3772.26. (A) Each of the four casino facilities shall be	5985
subject to all applicable state laws and local ordinances related	5986
to health and building codes, or any related requirements and	5987
provisions. Notwithstanding the foregoing, no local zoning, land	5988
use laws, subdivision regulations or similar provisions shall	5989
prohibit the development or operation of the four casino	5990
facilities, or casino gaming set forth herein, provided that no	5991
casino facility shall be located in a district zoned exclusively	5992
residential as of January 1, 2009.	5993

(B) No municipal corporation or other political subdivision	5994
in which a casino facility is located shall be required to provide	5995
or improve infrastructure, appropriate property, or otherwise take	5996
any affirmative legislative or administrative action to assist	5997
development or operation of a casino facility, regardless of the	5998
source of funding but if such action is essential to the	5999
development or operation of a casino facility, the municipal	6000
corporation or other political subdivision may charge the casino	6001
operator for any costs incurred for such action.	6002

Sec. 3772.27. Each initial licensed casino operator of each	6003
of the four casino facilities shall make an initial investment of	6004
at least two hundred fifty million dollars for the development of	6005
each casino facility. The initial investment required by this	6006
section may be satisfiedin two phases, with not less than one	6007
hundred twenty-five million dollars invested on or before the	6008
first phase is opened, and not less than one hundred twenty-five	6009
million dollars invested not later than the first renewal of the	6010
upfront license.	6011

Sec. 3772.28. (A) A casino operator shall not enter into a	6012
debt transaction without the approval of the commission. The	6013
casino operator shall submit, in writing, a request for approval	6014
of a debt transaction that contains at least the following	6015
information:	6016

(1) The names and addresses of all parties to the debt	6017
transaction;	6018

(2) The amount of the funds involved;

6019

(3) The type of debt transaction;

6020

(4) The source of the funds to be obtained;

6021

(5) All sources of collateral;

6022

(6) The purpose of the debt transaction;

6023

(7) The terms of the debt transaction;

6024

(8) Any other information deemed necessary by the commission.

6025

(B) As used in this section, "debt transaction" means a	6026
transaction by a casino operator concerning a casino facility	6027
totaling five hundred thousand dollars or more in which a casino	6028
operator acquires debt, including bank financing, private debt	6029
offerings, and any other transaction that results in the	6030
encumbrance of assets.	6031

Sec. 3772.29. All shipments of gaming supplies, devices, and	6032
equipment, including slot machines, into this state are exempt	6033
from section (2) of "An Act to Prohibit Transportation of Gambling	6034
Devices in Interstate and Foreign Commerce," 64 Stat. 1134, 15	6035
U.S.C. 1171-1177.	6036

Sec. 3772.30. (A) If any person violates this chapter or a	6037
rule adopted thereunder, the attorney general has a cause of	6038
action to restrain the violation. Such an action is a civil	6039
action, governed by the Rules of Civil Procedure. Upon receiving a	6040
request from the commission or the executive director, the	6041
attorney general shall commence and prosecute such an action to	6042
completion. The court shall give priority to such an action over	6043
all other civil actions. Such an action does not preclude an	6044
administrative or criminal proceeding on the same facts.	6045

(B) The attorney general may enter into agreements with any	6046
state or local law enforcement agency to carry out its duties.	6047

(C) A sheriff, chief of police, and prosecuting attorney	6048
shall furnish to the commission, on prescribed forms, all	6049
information obtained during the course of any substantial	6050
investigation or prosecution if it appears a violation of this	6051
chapter has occurred. Any such information is not a public record,	6052
as defined in section 149.43 of the Revised Code, until such	6053
information would otherwise become a public record.	6054

Sec. 3772.31. (A) The commission, by and through the	6055
executive director of the commission and as required under section	6056
125.05 of the Revised Code, may enter into contracts necessary to	6057
ensure the proper operation and reporting of all casino gaming	6058
authorized under this chapter. The commission may determine it to	6059
be necessary and adopt rules to authorize a central system. The	6060
system shall be operated by or under the commission's control.	6061

(B) The commission shall certify independent testing	6062
laboratories to scientifically test and technically evaluate all	6063
slot machines, mechanical, electromechanical, or electronic table	6064
games, slot accounting systems, and other electronic gaming	6065
equipment for compliance with this chapter. The certified	6066
independent testing laboratories shall be accredited by a national	6067
accreditation body and certified in at least twenty-five	6068
jurisdictions in the United States. The commission shall certify	6069
an independent testing laboratory if it is competent and qualified	6070
to scientifically test and evaluate electronic gaming equipment	6071
for compliance with this chapter and to otherwise perform the	6072
functions assigned to an independent testing laboratory under this	6073
chapter. An independent testing laboratory shall not be owned or	6074
controlled by, or have any interest in, a gaming-related vendor of	6075
electronic gaming equipment. The commission shall prepare a list	6076
of certified independent testing laboratories from which	6077
independent testing laboratories shall be chosen for all purposes	6078
under this chapter.	6079

Sec. 3772.32. (A) As used in this section, "conservator"	6080
means a person appointed by a court of common pleas as a fiduciary	6081
to temporarily manage and control a casino facility.	6082

(B) The commission shall adopt rules under Chapter 119. of	6083
the Revised Code relating to the administration of a casino	6084
facility by a conservator.	6085

(C) The commission may petition the court of common pleas of	6086
the county in which the casino facility is located for appointment	6087
by the court of a conservator to manage and control the casino	6088
facility if any of the following occurs:	6089

(1) The commission revokes the casino operator's license.

6090

(2) The commission declines to renew the casino operator's	6091
license.	6092

(3) The commission suspends a casino operator's license for	6093
more than one hundred twenty days.	6094

(4) A proposed buyer is denied a casino operator's license,	6095
and the licensed casino operator is unable or unwilling to retain	6096
ownership or control of the casino facility.	6097

(5) A licensed casino operator agrees in writing to	6098
relinquish control of a casino facility to a conservator.	6099

(6) A natural disaster or bankruptcy halts operations at a	6100
casino facility.	6101

This division does not apply if the casino facility for which	6102
a casino license has been issued has not been in operation and	6103
open to the public.	6104

(D)(1) The petition shall contain the names of two or more	6105
persons who the commission believes are suitable and qualified to	6106
manage and control the casino facility and are available for	6107
appointment as a conservator.	6108

(2) Upon receipt of the petition, the court shall appoint as	6109
conservator of the casino facility a person who is named in the	6110
petition. The court shall immediately notify the commission of the	6111
appointment. Upon receipt of notice from the court, the commission	6112
shall immediately notify the casino operator and the conservator.	6113

(3) The court that appoints the conservator shall set	6114
reasonable compensation, out of the revenue of the casino	6115
facility, for the services, costs, and expenses of the conservator	6116
and for any other persons whom the conservator may engage to aid	6117
the conservator in performing the conservator's duties.	6118

(E) A conservator is subject to Chapter 3772. of the Revised	6119
Code and any rules adopted under that chapter as if the	6120
conservator were a licensed casino operator.	6121

(F) A conservator shall be deemed to be a licensed casino	6122
operator and may perform all acts that the conservator is required	6123
or permitted to perform without approval or other action.	6124

(G) The conservator shall take immediately into possession	6125
all property of the casino facility, including its money,	6126
accounts, books, records, and evidences of debts owed to the	6127
casino operator, and shall continue the business of the casino	6128
facility.	6129

(H) A conservator shall file with the commission reports on	6130
the administration of the casino facility in such form and at such	6131
intervals as the commission may prescribe.	6132

(I)(1) If at any time the court finds that a conservator is	6133
not qualified or available to serve as conservator, the court	6134
shall request from the commission the names of two or more persons	6135
who the commission believes are suitable and qualified to manage	6136
and control a casino facility and are available to serve as a	6137
conservator.	6138

(2) The commission may, at any time after the appointment of	6139
a conservator, petition the court for the removal of the	6140
conservator and the appointment of a new conservator or for the	6141
termination of the conservator.	6142

(J) A conservator shall, before assuming the conservator's	6143
duties, execute and file a bond for the faithful performance of	6144
the conservator's duties payable to the commission with such	6145
surety or sureties and in such form as the commission approves and	6146
in such amount as the commission prescribes.	6147

(K) The commission shall require that the former casino	6148
operator purchase liability insurance, in an amount determined by	6149
the commission, to protect a conservator from liability for any	6150
acts or omissions of the conservator occurring during the duration	6151
of the conservatorship that are reasonably related to, and within	6152
the scope of, the conservator's duties.	6153

(L)(1) The former licensed casino operator has one hundred	6154
eighty days after the date on which the conservator is appointed	6155
to sell the casino facility to another person who satisfies the	6156
requirements of this chapter for obtaining a casino operator's	6157
license and is approved by the commission.	6158

(2) If the person is unable to sell the casino facility in	6159
the time required by division (L)(1) of this section, the	6160
conservator may take any action necessary to sell the casino	6161
facility to another person who satisfies the requirements of this	6162
chapter for obtaining a casino operator's license and is approved	6163
by the commission.	6164

(M) The commission shall direct the court of common pleas to	6165
discontinue a conservatorship when any of the following occurs:	6166

(1) The commission determines that the cause for which the	6167
conservatorship was instituted no longer exists.	6168

(2) The former casino operator or the conservator has with	6169
the approval of the commission, consummated the sale, assignment,	6170
conveyance, or other disposition of the casino facility.	6171

(N) Upon the discontinuation of the conservatorship and with	6172
the approval of the commission, the conservator shall take steps	6173
as may be necessary to affect an orderly transfer of the property	6174
of the former casino operator.	6175

Sec. 3772.99. (A) The commission shall levy and collect	6176
penalties for noncriminal violations of this chapter. Moneys	6177
collected from such penalty levies shall be credited to the	6178
general revenue fund.	6179

(B) If a licensed casino operator, management company,	6180
holding company, gaming-related vendor, or key employee violates	6181
this chapter or engages in a fraudulent act, the commission may	6182
suspend or revoke the license and may do either or both of the	6183
following:	6184

(1) Suspend, revoke, or restrict the casino gaming operations	6185
of a casino operator;	6186

(2) Require the removal of a management company, key	6187
employee, or discontinuance of services from a gaming-related	6188
vendor.	6189

(C) The commission shall impose civil penalties against a	6190
person who violates this chapter under the penalties adopted by	6191
commission rule and approved by the joint committee on gaming and	6192
wagering.	6193

(D) A person who knowingly or intentionally does any of the	6194
following commits a misdemeanor of the first degree on the first	6195
offense and a felony of the fifth degree for a subsequent offense:	6196

(1) Makes a false statement on an application submitted under	6197
this chapter;	6198

(2) Permits a person less than twenty-one years of age to	6199
make a wager;	6200

(3) Aids, induces, or causes a person less than twenty-one	6201
years of age who is not an employee of the casino gaming operation	6202
to enter or attempt to enter a casino;	6203

(4) Enters or attempts to enter a casino facility while under	6204
twenty-one years of age, unless the person enters a designated	6205
area as described in section 3772.24 of the Revised Code;	6206

(5) Wagers or accepts a wager at a location other than a	6207
casino facility;	6208

(6) Is a casino operator or employee and participates in	6209
casino gaming other than as part of operation or employment;	6210

(7) Gives to another person an item of value, as determined	6211
by the commission, in exchange for a noncash prize, toy, or	6212
novelty received as a reward for playing or operating a	6213
skill-based amusement machine or for a free or reduced-price game	6214
won on a skill-based amusement machine.	6215

(E) A person who knowingly or intentionally does any of the	6217
following commits a felony of the fifth degree on a first offense	6218
and a felony of the fourth degree for a subsequent offense. If the	6219
person is a licensee under this chapter, the commission shall	6220
revoke the person's license after the first offense.	6221

(1) Offers, promises, or gives anything of value or benefit	6222
to a person who is connected with the casino operator, management	6223
company, holding company, or gaming-related vendor, including	6224
their officers and employees, under an agreement to influence or	6225
with the intent to influence the actions of the person to whom the	6226
offer, promise, or gift was made in order to affect or attempt to	6227
affect the outcome of a casino game or an official action of a	6228
commission member;	6229

(2) Solicits, accepts, or receives a promise of anything of	6230
value or benefit while the person is connected with a casino,	6231
including an officer or employee of a casino operator, management	6232
company, or gaming-related vendor, under an agreement to influence	6233
or with the intent to influence the actions of the person to	6234
affect or attempt to affect the outcome of a casino game or an	6235
official action of a commission member;	6236

(3) Uses or possesses with the intent to use a device to	6237
assist in projecting the outcome of the game, keeping track of the	6238
cards played, analyzing the probability of the occurrence of an	6239
event relating to the casino game, or analyzing the strategy for	6240
playing or betting to be used in the game, except as permitted by	6241
the commission;	6242

(4) Cheats at a casino game;

6243

(5) Manufactures, sells, or distributes any cards, chips,	6244
dice, game, or device that is intended to be used to violate this	6245
chapter;	6246

(6) Alters or misrepresents the outcome of a casino game on	6247
which wagers have been made after the outcome is made sure but	6248
before the outcome is revealed to the players;	6249

(7) Places a wager on the outcome of a casino game after	6250
acquiring knowledge that is not available to all players and	6251
concerns the outcome of the casino game that is the subject of the	6252
wager;	6253

(8) Aids a person in acquiring the knowledge described in	6254
division (E)(7) of this section for the purpose of placing a wager	6255
contingent on the outcome of a casino game;	6256

(9) Claims, collects, takes, or attempts to claim, collect,	6257
or take money or anything of value in or from a casino game with	6258
the intent to defraud or without having made a wager contingent on	6259
winning a casino game;	6260

(10) Claims, collects, or takes an amount of money or thing	6261
of value of greater value than the amount won in a casino game;	6262

(11) Uses or possesses counterfeit chips or tokens in or for	6263
use in a casino game;	6264

(12) Possesses a key or device designed for opening,	6265
entering, or affecting the operation of a casino game, drop box,	6266
or an electronic or a mechanical device connected with the casino	6267
game or removing coins, tokens, chips, or other contents of a	6268
casino game. This division does not apply to a casino operator,	6269
management company, or gaming-related vendor or their agents and	6270
employees in the course of agency or employment.	6271

(13) Possesses materials used to manufacture a slug or device	6272
intended to be used in a manner that violates this chapter;	6273

(14) Operates a casino gaming operation in which wagering is	6274
conducted or is to be conducted in a manner other than the manner	6275
required under this chapter.	6276

(F) The possession of more than one of the devices described	6277
in division (E)(11), (12), or (13) of this section creates a	6278
rebuttable presumption that the possessor intended to use the	6279
devices for cheating.	6280

(G) A person who is convicted of a felony described in this	6281
chapter may be barred for life from entering a casino facility by	6282
the commission.	6283

Sec. 3793.02. (A) The department of alcohol and drug	6284
addiction services shall promote, assist in developing, and	6285
coordinate or conduct programs of education and research for the	6286
prevention of alcohol and drug addiction, the prevention of	6287
gambling addiction, the treatment, including intervention, of	6288
alcoholics and persons who abuse drugs of abuse, including	6289
anabolic steroids, and the treatment, including intervention, of	6290
persons with gambling addictions. Programs established by the	6291
department shall include abstinence-based prevention and treatment	6292
programs.	6293

(B) In addition to the other duties prescribed by this	6294
chapter, the department shall do all of the following:	6295

(1) Promote and coordinate efforts in the provision of	6296
alcohol and drug addiction services and of gambling addiction	6297
services by other state agencies, as defined in section 1.60 of	6298
the Revised Code; courts; hospitals; clinics; physicians in	6299
private practice; public health authorities; boards of alcohol,	6300
drug addiction, and mental health services; alcohol and drug	6301
addiction programs; law enforcement agencies; gambling addiction	6302
programs; and related groups;	6303

(2) Provide for education and training in prevention,	6304
diagnosis, treatment, and control of alcohol and drug addiction	6305
and of gambling addiction for medical students, physicians,	6306
nurses, social workers, professional counselors, psychologists,	6307
and other persons who provide alcohol and drug addiction services	6308
or gambling addiction services;	6309

(3) Provide training and consultation for persons who	6310
supervise alcohol and drug addiction programs and facilities or	6311
gambling addiction programs and facilities;	6312

(4) Develop measures for evaluating the effectiveness of	6313
alcohol and drug addiction services, including services that use	6314
methadone treatment, and of gambling addiction services, and for	6315
increasing the accountability of alcohol and drug addiction	6316
programs and of gambling addiction programs;	6317

(5) Provide to each court of record, and biennially update, a	6318
list of the treatment and education programs within that court's	6319
jurisdiction that the court may require an offender, sentenced	6320
pursuant to section 4511.19 of the Revised Code, to attend;	6321

(6) Make the warning sign described in sections 3313.752,	6322
3345.41, and 3707.50 of the Revised Code available on the	6323
department's internet web site;	6324

(7) Provide a program of gambling addiction services on	6325
behalf of the state lottery commission, pursuant to an agreement	6326
entered into with the director of the commission under division	6327
(K) of section 3770.02 of the Revised Code, and provide a program	6328
of gambling and addiction services on behalf of the Ohio casino	6329
control commission, under an agreement entered into with the	6330
executive director of the commission under section 3772.062 of the	6331
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	6332
Constitution, the department may enter into agreements with county	6333
alcohol, drug addiction, and mental health service districts,	6334
including with such districts of counties in which a casino	6335
facility is not located, and nonprofit organizations to provide	6336
gambling and addiction services and substance abuse services, and	6337
with state institutions of higher education to perform related	6338
research.	6339

(C) The department may accept and administer grants from	6340
public or private sources for carrying out any of the duties	6341
enumerated in this section.	6342

(D) Pursuant to Chapter 119. of the Revised Code, the	6343
department shall adopt a rule defining the term "intervention" as	6344
it is used in this chapter in connection with alcohol and drug	6345
addiction services and in connection with gambling addiction	6346
services. The department may adopt other rules as necessary to	6347
implement the requirements of this chapter.	6348

Sec. 3793.032. The director of alcohol and drug addiction	6349
services shall administer the problem casino gambling and	6350
addictions fund. The director shall use the money in the fund to	6351
support programs that provide gambling addiction services, alcohol	6352
and drug addiction programs that provide alcohol and drug	6353
addiction services, other programs that relate to gambling	6354
addiction and substance abuse, and research that relates to	6355
gambling addiction and substance abuse. Money in the fund also may	6356
be used by the director to provide any of these addiction services	6357
or programs through toll-free call centers located in this state.	6358
Any services provided under programs supported by money in the	6359
fund under this section shall be services that are certified by	6360
the department of alcohol and drug addiction services or provided	6361
by counselors who are certified by the department.	6362

The director shall prepare an annual report describing the	6363
use of the fund for these purposes. The director shall submit the	6364
report to the Ohio casino control commission, the speaker and	6365
minority leader of the house of representatives, the president and	6366
minority leader of the senate, and the governor.	6367

Sec. 4301.355. (A) If a petition is filed under section	6368
4301.333 of the Revised Code for the submission of the question or	6369
questions set forth in this section, it shall be held in the	6370
precinct as ordered by the board of elections under that section.	6371
The expense of holding the election shall be charged to the	6372
municipal corporation or township of which the precinct is a part.	6373

(B) At the election, one or more of the following questions,	6374
as designated in a valid petition, shall be submitted to the	6375
electors of the precinct:	6376

(1) "Shall the sale of .......... (insert beer, wine and	6377
mixed beverages, or spirituous liquor) be permitted by ..........	6378
(insert name of applicant, liquor permit holder, or liquor agency	6379
store, including trade or fictitious name under which applicant	6380
for, or holder of, liquor permit or liquor agency store either	6381
intends to do, or does, business at the particular location), an	6382
.......... (insert "applicant for" or "holder of" or "operator	6383
of") a .......... (insert class name of liquor permit or permits	6384
followed by the words "liquor permit(s)" or, if appropriate, the	6385
words "liquor agency store for the State of Ohio"), who is engaged	6386
in the business of .......... (insert general nature of the	6387
business in which applicant or liquor permit holder is engaged or	6388
will be engaged in at the particular location, as described in the	6389
petition) at .......... (insert address of the particular location	6390
within the precinct as set forth in the petition) in this	6391
precinct?"	6392

(2) "Shall the sale of .......... (insert beer, wine and	6393
mixed beverages, or spirituous liquor) be permitted for sale on	6394
Sunday between the hours of .......... (insert "ten a.m. and	6395
midnight" or " eleven a.m. and midnight") by .......... (insert	6396
name of applicant, liquor permit holder, or liquor agency store,	6397
including trade or fictitious name under which applicant for, or	6398
holder of, liquor permit or liquor agency store either intends to	6399
do, or does, business at the particular location), an ......	6400
(insert "applicant for a D-6 liquor permit," "holder of a D-6	6401
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	6402
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	6403
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7	6404
liquor permit," if only the approval of beer sales is sought, or	6405
"liquor agency store") who is engaged in the business of	6406
.......... (insert general nature of the business in which	6407
applicant or liquor permit holder is engaged or will be engaged in	6408
at the particular location, as described in the petition) at	6409
.......... (insert address of the particular location within the	6410
precinct) in this precinct?"	6411

(C) The board of elections shall furnish printed ballots at	6412
the election as provided under section 3505.06 of the Revised	6413
Code, except that a separate ballot shall be used for the election	6414
under this section. The question set forth in this section shall	6415
be printed on each ballot, and the board shall insert in the	6416
question appropriate words to complete it. Votes shall be cast as	6417
provided under section 3505.06 of the Revised Code.	6418

Sec. 4301.62. (A) As used in this section:

6419

(1) "Chauffeured limousine" means a vehicle registered under	6420
section 4503.24 of the Revised Code.	6421

(2) "Street," "highway," and "motor vehicle" have the same	6422
meanings as in section 4511.01 of the Revised Code.	6423

(B) No person shall have in the person's possession an opened	6424
container of beer or intoxicating liquor in any of the following	6425
circumstances:	6426

(1) In a state liquor store;

6427

(2) Except as provided in division (C) of this section, on	6428
the premises of the holder of any permit issued by the division of	6429
liquor control;	6430

(3) In any other public place;

6431

(4) Except as provided in division (D) or (E) of this	6432
section, while operating or being a passenger in or on a motor	6433
vehicle on any street, highway, or other public or private	6434
property open to the public for purposes of vehicular travel or	6435
parking;	6436

(5) Except as provided in division (D) or (E) of this	6437
section, while being in or on a stationary motor vehicle on any	6438
street, highway, or other public or private property open to the	6439
public for purposes of vehicular travel or parking.	6440

(C)(1) A person may have in the person's possession an opened	6441
container of any of the following:	6442

(a) Beer or intoxicating liquor that has been lawfully	6443
purchased for consumption on the premises where bought from the	6444
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	6445
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	6446
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	6447
F-8 permit;	6448

(b) Beer, wine, or mixed beverages served for consumption on	6449
the premises by the holder of an F-3 permit or wine served for	6450
consumption on the premises by the holder of an F-4 or F-6 permit;	6451

(c) Beer or intoxicating liquor consumed on the premises of a	6452
convention facility as provided in section 4303.201 of the Revised	6453
Code;	6454

(d) Beer or intoxicating liquor to be consumed during	6455
tastings and samplings approved by rule of the liquor control	6456
commission.	6457

(2) A person may have in the person's possession on an F	6458
liquor permit premises an opened container of beer or intoxicating	6459
liquor that was not purchased from the holder of the F permit if	6460
the premises for which the F permit is issued is a music festival	6461
and the holder of the F permit grants permission for that	6462
possession on the premises during the period for which the F	6463
permit is issued. As used in this division, "music festival" means	6464
a series of outdoor live musical performances, extending for a	6465
period of at least three consecutive days and located on an area	6466
of land of at least forty acres.	6467

(3)(a) A person may have in the person's possession on a D-2	6468
liquor permit premises an opened or unopened container of wine	6469
that was not purchased from the holder of the D-2 permit if the	6470
premises for which the D-2 permit is issued is an outdoor	6471
performing arts center, the person is attending an orchestral	6472
performance, and the holder of the D-2 permit grants permission	6473
for the possession and consumption of wine in certain	6474
predesignated areas of the premises during the period for which	6475
the D-2 permit is issued.	6476

(b) As used in division (C)(3)(a) of this section:

6477

(i) "Orchestral performance" means a concert comprised of a	6478
group of not fewer than forty musicians playing various musical	6479
instruments.	6480

(ii) "Outdoor performing arts center" means an outdoor	6481
performing arts center that is located on not less than eight	6482
hundred acres of land and that is open for performances from the	6483
first day of April to the last day of October of each year.	6484

(4) A person may have in the person's possession an opened or	6485
unopened container of beer or intoxicating liquor at an outdoor	6486
location at which the person is attending an orchestral	6487
performance as defined in division (C)(3)(b)(i) of this section if	6488
the person with supervision and control over the performance	6489
grants permission for the possession and consumption of beer or	6490
intoxicating liquor in certain predesignated areas of that outdoor	6491
location.	6492

(D) This section does not apply to a person who pays all or a	6493
portion of the fee imposed for the use of a chauffeured limousine	6494
pursuant to a prearranged contract, or the guest of the person,	6495
when all of the following apply:	6496

(1) The person or guest is a passenger in the limousine.

6497

(2) The person or guest is located in the limousine, but is	6498
not occupying a seat in the front compartment of the limousine	6499
where the operator of the limousine is located.	6500

(3) The limousine is located on any street, highway, or other	6501
public or private property open to the public for purposes of	6502
vehicular travel or parking.	6503

(E) An opened bottle of wine that was purchased from the	6504
holder of a permit that authorizes the sale of wine for	6505
consumption on the premises where sold is not an opened container	6506
for the purposes of this section if both of the following apply:	6507

(1) The opened bottle of wine is securely resealed by the	6508
permit holder or an employee of the permit holder before the	6509
bottle is removed from the premises. The bottle shall be secured	6510
in such a manner that it is visibly apparent if the bottle has	6511
been subsequently opened or tampered with.	6512

(2) The opened bottle of wine that is resealed in accordance	6513
with division (E)(1) of this section is stored in the trunk of a	6514
motor vehicle or, if the motor vehicle does not have a trunk,	6515
behind the last upright seat or in an area not normally occupied	6516
by the driver or passengers and not easily accessible by the	6517
driver.	6518

Sec. 4303.181. (A) Permit D-5a may be issued either to the	6519
owner or operator of a hotel or motel that is required to be	6520
licensed under section 3731.03 of the Revised Code, that contains	6521
at least fifty rooms for registered transient guests or is owned	6522
by a state institution of higher education as defined in section	6523
3345.011 of the Revised Code or a private college or university,	6524
and that qualifies under the other requirements of this section,	6525
or to the owner or operator of a restaurant specified under this	6526
section, to sell beer and any intoxicating liquor at retail, only	6527
by the individual drink in glass and from the container, for	6528
consumption on the premises where sold, and to registered guests	6529
in their rooms, which may be sold by means of a controlled access	6530
alcohol and beverage cabinet in accordance with division (B) of	6531
section 4301.21 of the Revised Code; and to sell the same products	6532
in the same manner and amounts not for consumption on the premises	6533
as may be sold by holders of D-1 and D-2 permits. The premises of	6534
the hotel or motel shall include a retail food establishment or a	6535
food service operation licensed pursuant to Chapter 3717. of the	6536
Revised Code that operates as a restaurant for purposes of this	6537
chapter and that is affiliated with the hotel or motel and within	6538
or contiguous to the hotel or motel, and that serves food within	6539
the hotel or motel, but the principal business of the owner or	6540
operator of the hotel or motel shall be the accommodation of	6541
transient guests. In addition to the privileges authorized in this	6542
division, the holder of a D-5a permit may exercise the same	6543
privileges as the holder of a D-5 permit.	6544

The owner or operator of a hotel, motel, or restaurant who	6545
qualified for and held a D-5a permit on August 4, 1976, may, if	6546
the owner or operator held another permit before holding a D-5a	6547
permit, either retain a D-5a permit or apply for the permit	6548
formerly held, and the division of liquor control shall issue the	6549
permit for which the owner or operator applies and formerly held,	6550
notwithstanding any quota.	6551

A D-5a permit shall not be transferred to another location.	6552
No quota restriction shall be placed on the number of D-5a permits	6553
that may be issued.	6554

The fee for this permit is two thousand three hundred	6555
forty-four dollars.	6556

(B) Permit D-5b may be issued to the owner, operator, tenant,	6557
lessee, or occupant of an enclosed shopping center to sell beer	6558
and intoxicating liquor at retail, only by the individual drink in	6559
glass and from the container, for consumption on the premises	6560
where sold; and to sell the same products in the same manner and	6561
amount not for consumption on the premises as may be sold by	6562
holders of D-1 and D-2 permits. In addition to the privileges	6563
authorized in this division, the holder of a D-5b permit may	6564
exercise the same privileges as a holder of a D-5 permit.	6565

A D-5b permit shall not be transferred to another location.

6566

One D-5b permit may be issued at an enclosed shopping center	6567
containing at least two hundred twenty-five thousand, but less	6568
than four hundred thousand, square feet of floor area.	6569

Two D-5b permits may be issued at an enclosed shopping center	6570
containing at least four hundred thousand square feet of floor	6571
area. No more than one D-5b permit may be issued at an enclosed	6572
shopping center for each additional two hundred thousand square	6573
feet of floor area or fraction of that floor area, up to a maximum	6574
of five D-5b permits for each enclosed shopping center. The number	6575
of D-5b permits that may be issued at an enclosed shopping center	6576
shall be determined by subtracting the number of D-3 and D-5	6577
permits issued in the enclosed shopping center from the number of	6578
D-5b permits that otherwise may be issued at the enclosed shopping	6579
center under the formulas provided in this division. Except as	6580
provided in this section, no quota shall be placed on the number	6581
of D-5b permits that may be issued. Notwithstanding any quota	6582
provided in this section, the holder of any D-5b permit first	6583
issued in accordance with this section is entitled to its renewal	6584
in accordance with section 4303.271 of the Revised Code.	6585

The holder of a D-5b permit issued before April 4, 1984,	6586
whose tenancy is terminated for a cause other than nonpayment of	6587
rent, may return the D-5b permit to the division of liquor	6588
control, and the division shall cancel that permit. Upon	6589
cancellation of that permit and upon the permit holder's payment	6590
of taxes, contributions, premiums, assessments, and other debts	6591
owing or accrued upon the date of cancellation to this state and	6592
its political subdivisions and a filing with the division of a	6593
certification of that payment, the division shall issue to that	6594
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	6595
that person requests. The division shall issue the D-5 permit, or	6596
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	6597
D-3, or D-5 permits currently issued in the municipal corporation	6598
or in the unincorporated area of the township where that person's	6599
proposed premises is located equals or exceeds the maximum number	6600
of such permits that can be issued in that municipal corporation	6601
or in the unincorporated area of that township under the	6602
population quota restrictions contained in section 4303.29 of the	6603
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	6604
be transferred to another location. If a D-5b permit is canceled	6605
under the provisions of this paragraph, the number of D-5b permits	6606
that may be issued at the enclosed shopping center for which the	6607
D-5b permit was issued, under the formula provided in this	6608
division, shall be reduced by one if the enclosed shopping center	6609
was entitled to more than one D-5b permit under the formula.	6610

The fee for this permit is two thousand three hundred	6611
forty-four dollars.	6612

(C) Permit D-5c may be issued to the owner or operator of a	6613
retail food establishment or a food service operation licensed	6614
pursuant to Chapter 3717. of the Revised Code that operates as a	6615
restaurant for purposes of this chapter and that qualifies under	6616
the other requirements of this section to sell beer and any	6617
intoxicating liquor at retail, only by the individual drink in	6618
glass and from the container, for consumption on the premises	6619
where sold, and to sell the same products in the same manner and	6620
amounts not for consumption on the premises as may be sold by	6621
holders of D-1 and D-2 permits. In addition to the privileges	6622
authorized in this division, the holder of a D-5c permit may	6623
exercise the same privileges as the holder of a D-5 permit.	6624

To qualify for a D-5c permit, the owner or operator of a	6625
retail food establishment or a food service operation licensed	6626
pursuant to Chapter 3717. of the Revised Code that operates as a	6627
restaurant for purposes of this chapter, shall have operated the	6628
restaurant at the proposed premises for not less than twenty-four	6629
consecutive months immediately preceding the filing of the	6630
application for the permit, have applied for a D-5 permit no later	6631
than December 31, 1988, and appear on the division's quota waiting	6632
list for not less than six months immediately preceding the filing	6633
of the application for the permit. In addition to these	6634
requirements, the proposed D-5c permit premises shall be located	6635
within a municipal corporation and further within an election	6636
precinct that, at the time of the application, has no more than	6637
twenty-five per cent of its total land area zoned for residential	6638
use.	6639

A D-5c permit shall not be transferred to another location.	6640
No quota restriction shall be placed on the number of such permits	6641
that may be issued.	6642

Any person who has held a D-5c permit for at least two years	6643
may apply for a D-5 permit, and the division of liquor control	6644
shall issue the D-5 permit notwithstanding the quota restrictions	6645
contained in section 4303.29 of the Revised Code or in any rule of	6646
the liquor control commission.	6647

The fee for this permit is one thousand five hundred	6648
sixty-three dollars.	6649

(D) Permit D-5d may be issued to the owner or operator of a	6650
retail food establishment or a food service operation licensed	6651
pursuant to Chapter 3717. of the Revised Code that operates as a	6652
restaurant for purposes of this chapter and that is located at an	6653
airport operated by a board of county commissioners pursuant to	6654
section 307.20 of the Revised Code, at an airport operated by a	6655
port authority pursuant to Chapter 4582. of the Revised Code, or	6656
at an airport operated by a regional airport authority pursuant to	6657
Chapter 308. of the Revised Code. The holder of a D-5d permit may	6658
sell beer and any intoxicating liquor at retail, only by the	6659
individual drink in glass and from the container, for consumption	6660
on the premises where sold, and may sell the same products in the	6661
same manner and amounts not for consumption on the premises where	6662
sold as may be sold by the holders of D-1 and D-2 permits. In	6663
addition to the privileges authorized in this division, the holder	6664
of a D-5d permit may exercise the same privileges as the holder of	6665
a D-5 permit.	6666

A D-5d permit shall not be transferred to another location.	6667
No quota restrictions shall be placed on the number of such	6668
permits that may be issued.	6669

The fee for this permit is two thousand three hundred	6670
forty-four dollars.	6671

(E) Permit D-5e may be issued to any nonprofit organization	6672
that is exempt from federal income taxation under the "Internal	6673
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	6674
amended, or that is a charitable organization under any chapter of	6675
the Revised Code, and that owns or operates a riverboat that meets	6676
all of the following:	6677

(1) Is permanently docked at one location;

6678

(2) Is designated as an historical riverboat by the Ohio	6679
historical society;	6680

(3) Contains not less than fifteen hundred square feet of	6681
floor area;	6682

(4) Has a seating capacity of fifty or more persons.

6683

The holder of a D-5e permit may sell beer and intoxicating	6684
liquor at retail, only by the individual drink in glass and from	6685
the container, for consumption on the premises where sold.	6686

A D-5e permit shall not be transferred to another location.	6687
No quota restriction shall be placed on the number of such permits	6688
that may be issued. The population quota restrictions contained in	6689
section 4303.29 of the Revised Code or in any rule of the liquor	6690
control commission shall not apply to this division, and the	6691
division shall issue a D-5e permit to any applicant who meets the	6692
requirements of this division. However, the division shall not	6693
issue a D-5e permit if the permit premises or proposed permit	6694
premises are located within an area in which the sale of	6695
spirituous liquor by the glass is prohibited.	6696

The fee for this permit is one thousand two hundred nineteen	6697
dollars.	6698

(F) Permit D-5f may be issued to the owner or operator of a	6699
retail food establishment or a food service operation licensed	6700
under Chapter 3717. of the Revised Code that operates as a	6701
restaurant for purposes of this chapter and that meets all of the	6702
following:	6703

(1) It contains not less than twenty-five hundred square feet	6704
of floor area.	6705

(2) It is located on or in, or immediately adjacent to, the	6706
shoreline of, a navigable river.	6707

(3) It provides docking space for twenty-five boats.

6708

(4) It provides entertainment and recreation, provided that	6709
not less than fifty per cent of the business on the permit	6710
premises shall be preparing and serving meals for a consideration.	6711

In addition, each application for a D-5f permit shall be	6712
accompanied by a certification from the local legislative	6713
authority that the issuance of the D-5f permit is not inconsistent	6714
with that political subdivision's comprehensive development plan	6715
or other economic development goal as officially established by	6716
the local legislative authority.	6717

The holder of a D-5f permit may sell beer and intoxicating	6718
liquor at retail, only by the individual drink in glass and from	6719
the container, for consumption on the premises where sold.	6720

A D-5f permit shall not be transferred to another location.

6721

The division of liquor control shall not issue a D-5f permit	6722
if the permit premises or proposed permit premises are located	6723
within an area in which the sale of spirituous liquor by the glass	6724
is prohibited.	6725

A fee for this permit is two thousand three hundred	6726
forty-four dollars.	6727

As used in this division, "navigable river" means a river	6728
that is also a "navigable water" as defined in the "Federal Power	6729
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	6730

(G) Permit D-5g may be issued to a nonprofit corporation that	6731
is either the owner or the operator of a national professional	6732
sports museum. The holder of a D-5g permit may sell beer and any	6733
intoxicating liquor at retail, only by the individual drink in	6734
glass and from the container, for consumption on the premises	6735
where sold. The holder of a D-5g permit shall sell no beer or	6736
intoxicating liquor for consumption on the premises where sold	6737
after one a.m. A D-5g permit shall not be transferred to another	6738
location. No quota restrictions shall be placed on the number of	6739
D-5g permits that may be issued. The fee for this permit is one	6740
thousand eight hundred seventy-five dollars.	6741

(H)(1) Permit D-5h may be issued to any nonprofit	6742
organization that is exempt from federal income taxation under the	6743
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	6744
501(c)(3), as amended, that owns or operates any of the following:	6745

(a) A fine arts museum, provided that the nonprofit	6746
organization has no less than one thousand five hundred bona fide	6747
members possessing full membership privileges;	6748

(b) A community arts center. As used in division (H)(1)(b) of	6749
this section, "community arts center" means a facility that	6750
provides arts programming to the community in more than one arts	6751
discipline, including, but not limited to, exhibits of works of	6752
art and performances by both professional and amateur artists.	6753

(c) A community theater, provided that the nonprofit	6754
organization is a member of the Ohio arts council and the American	6755
community theatre association and has been in existence for not	6756
less than ten years. As used in division (H)(1)(c) of this	6757
section, "community theater" means a facility that contains at	6758
least one hundred fifty seats and has a primary function of	6759
presenting live theatrical performances and providing recreational	6760
opportunities to the community.	6761

(2) The holder of a D-5h permit may sell beer and any	6762
intoxicating liquor at retail, only by the individual drink in	6763
glass and from the container, for consumption on the premises	6764
where sold. The holder of a D-5h permit shall sell no beer or	6765
intoxicating liquor for consumption on the premises where sold	6766
after one a.m. A D-5h permit shall not be transferred to another	6767
location. No quota restrictions shall be placed on the number of	6768
D-5h permits that may be issued.	6769

(3) The fee for a D-5h permit is one thousand eight hundred	6770
seventy-five dollars.	6771

(I) Permit D-5i may be issued to the owner or operator of a	6772
retail food establishment or a food service operation licensed	6773
under Chapter 3717. of the Revised Code that operates as a	6774
restaurant for purposes of this chapter and that meets all of the	6775
following requirements:	6776

(1) It is located in a municipal corporation or a township	6777
with a population of one hundred thousand or less.	6778

(2) It has inside seating capacity for at least one hundred	6779
forty persons.	6780

(3) It has at least four thousand square feet of floor area.

6781

(4) It offers full-course meals, appetizers, and sandwiches.

6782

(5) Its receipts from beer and liquor sales, excluding wine	6783
sales, do not exceed twenty-five per cent of its total gross	6784
receipts.	6785

(6) It has at least one of the following characteristics:

6786

(a) The value of its real and personal property exceeds seven	6787
hundred twenty-five thousand dollars.	6788

(b) It is located on property that is owned or leased by the	6789
state or a state agency, and its owner or operator has	6790
authorization from the state or the state agency that owns or	6791
leases the property to obtain a D-5i permit.	6792

The holder of a D-5i permit may sell beer and any	6793
intoxicating liquor at retail, only by the individual drink in	6794
glass and from the container, for consumption on the premises	6795
where sold, and may sell the same products in the same manner and	6796
amounts not for consumption on the premises where sold as may be	6797
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	6798
permit shall sell no beer or intoxicating liquor for consumption	6799
on the premises where sold after two-thirty a.m. In addition to	6800
the privileges authorized in this division, the holder of a D-5i	6801
permit may exercise the same privileges as the holder of a D-5	6802
permit.	6803

A D-5i permit shall not be transferred to another location.	6804
The division of liquor control shall not renew a D-5i permit	6805
unless the retail food establishment or food service operation for	6806
which it is issued continues to meet the requirements described in	6807
divisions (I)(1) to (6) of this section. No quota restrictions	6808
shall be placed on the number of D-5i permits that may be issued.	6809
The fee for the D-5i permit is two thousand three hundred	6810
forty-four dollars.	6811

(J)(1) Permit D-5j may be issued to the owner or the operator	6812
of a retail food establishment or a food service operation	6813
licensed under Chapter 3717. of the Revised Code to sell beer and	6814
intoxicating liquor at retail, only by the individual drink in	6815
glass and from the container, for consumption on the premises	6816
where sold and to sell beer and intoxicating liquor in the same	6817
manner and amounts not for consumption on the premises where sold	6818
as may be sold by the holders of D-1 and D-2 permits. The holder	6819
of a D-5j permit may exercise the same privileges, and shall	6820
observe the same hours of operation, as the holder of a D-5	6821
permit.	6822

(2) The D-5j permit shall be issued only within a community	6823
entertainment district that is designated under section 4301.80 of	6824
the Revised Code and that meets one of the following	6825
qualifications:	6826

(a) It is located in a municipal corporation with a	6827
population of at least one hundred thousand.	6828

(b) It is located in a municipal corporation with a	6829
population of at least twenty thousand, and either of the	6830
following applies:	6831

(i) It contains an amusement park the rides of which have	6832
been issued a permit by the department of agriculture under	6833
Chapter 1711. of the Revised Code.	6834

(ii) Not less than fifty million dollars will be invested in	6835
development and construction in the community entertainment	6836
district's area located in the municipal corporation.	6837

(c) It is located in a township with a population of at least	6838
forty thousand.	6839

(d) It is located in a municipal corporation with a	6840
population of at least ten thousand, and not less than seventy	6841
million dollars will be invested in development and construction	6842
in the community entertainment district's area located in the	6843
municipal corporation.	6844

(e) It is located in a municipal corporation with a	6845
population of at least five thousand, and not less than one	6846
hundred million dollars will be invested in development and	6847
construction in the community entertainment district's area	6848
located in the municipal corporation.	6849

(3) The location of a D-5j permit may be transferred only	6850
within the geographic boundaries of the community entertainment	6851
district in which it was issued and shall not be transferred	6852
outside the geographic boundaries of that district.	6853

(4) Not more than one D-5j permit shall be issued within each	6854
community entertainment district for each five acres of land	6855
located within the district. Not more than fifteen D-5j permits	6856
may be issued within a single community entertainment district.	6857
Except as otherwise provided in division (J)(4) of this section,	6858
no quota restrictions shall be placed upon the number of D-5j	6859
permits that may be issued.	6860

(5) The fee for a D-5j permit is two thousand three hundred	6861
forty-four dollars.	6862

(K)(1) Permit D-5k may be issued to any nonprofit	6863
organization that is exempt from federal income taxation under the	6864
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	6865
501(c)(3), as amended, that is the owner or operator of a	6866
botanical garden recognized by the American association of	6867
botanical gardens and arboreta, and that has not less than	6868
twenty-five hundred bona fide members.	6869

(2) The holder of a D-5k permit may sell beer and any	6870
intoxicating liquor at retail, only by the individual drink in	6871
glass and from the container, on the premises where sold.	6872

(3) The holder of a D-5k permit shall sell no beer or	6873
intoxicating liquor for consumption on the premises where sold	6874
after one a.m.	6875

(4) A D-5k permit shall not be transferred to another	6876
location.	6877

(5) No quota restrictions shall be placed on the number of	6878
D-5k permits that may be issued.	6879

(6) The fee for the D-5k permit is one thousand eight hundred	6880
seventy-five dollars.	6881

(L)(1) Permit D-5l may be issued to the owner or the operator	6882
of a retail food establishment or a food service operation	6883
licensed under Chapter 3717. of the Revised Code to sell beer and	6884
intoxicating liquor at retail, only by the individual drink in	6885
glass and from the container, for consumption on the premises	6886
where sold and to sell beer and intoxicating liquor in the same	6887
manner and amounts not for consumption on the premises where sold	6888
as may be sold by the holders of D-1 and D-2 permits. The holder	6889
of a D-5l permit may exercise the same privileges, and shall	6890
observe the same hours of operation, as the holder of a D-5	6891
permit.	6892

(2) The D-5l permit shall be issued only to a premises that	6893
has gross annual receipts from the sale of food and meals that	6894
constitute not less than seventy-five per cent of its total gross	6895
annual receipts, that is located within a revitalization district	6896
that is designated under section 4301.81 of the Revised Code, that	6897
is located in a municipal corporation or township in which the	6898
number of D-5 permits issued equals or exceeds the number of those	6899
permits that may be issued in that municipal corporation or	6900
township under section 4303.29 of the Revised Code, and that is	6901
located in a county with a population of one hundred twenty-five	6902
thousand or less according to the population estimates certified	6903
by the department of development for calendar year 2006.	6904

(3) The location of a D-5l permit may be transferred only	6905
within the geographic boundaries of the revitalization district in	6906
which it was issued and shall not be transferred outside the	6907
geographic boundaries of that district.	6908

(4) Not more than one D-5l permit shall be issued within each	6909
revitalization district for each five acres of land located within	6910
the district. Not more than five D-5l permits may be issued within	6911
a single revitalization district. Except as otherwise provided in	6912
division (L)(4) of this section, no quota restrictions shall be	6913
placed upon the number of D-5l permits that may be issued.	6914

(5) The fee for a D-5l permit is two thousand three hundred	6915
forty-four dollars.	6916

(M) Permit D-5m may be issued to either the owner or the	6917
operator of a retail food establishment or food service operation	6918
licensed under Chapter 3717. of the Revised Code that operates as	6919
a restaurant for purposes of this chapter and that is located in,	6920
or affiliated with, a center for the preservation of wild animals	6921
as defined in section 4301.404 of the Revised Code, to sell beer	6922
and any intoxicating liquor at retail, only by the glass and from	6923
the container, for consumption on the premises where sold, and to	6924
sell the same products in the same manner and amounts not for	6925
consumption on the premises as may be sold by the holders of D-1	6926
and D-2 permits. In addition to the privileges authorized by this	6927
division, the holder of a D-5m permit may exercise the same	6928
privileges as the holder of a D-5 permit.	6929

A D-5m permit shall not be transferred to another location.	6930
No quota restrictions shall be placed on the number of D-5m	6931
permits that may be issued. The fee for a permit D-5m is two	6932
thousand three hundred forty-four dollars.	6933

(N) Permit D-5n shall be issued to either a casino operator	6934
or a casino management company licensed under Chapter 3772. of the	6935
Revised Code that operates a casino facility under that chapter,	6936
to sell beer, intoxicating liquor, wine, and mixed beverages at	6937
retail, only by the glass and from the container, for consumption	6938
on the premises where sold, and to sell the same products in the	6939
same manner and amounts not for consumption on the premises as may	6940
be sold by the holders of D-1 and D-2 permits. In addition to the	6941
privileges authorized by this division, the holder of a D-5n	6942
permit may exercise the same privileges as the holder of a D-5	6943
permit. A D-5n permit shall not be transferred to another	6944
location. Only one D-5n permit may be issued per casino facility	6945
and not more than four D-5n permits shall be issued in this state.	6946
The fee for a permit D-5n shall be five thousand dollars. The	6947
holder of a D-5n permit may conduct casino gaming on the permit	6948
premises notwithstanding any provision of the Revised Code or	6949
Administrative Code.	6950

(O) Permit D-5o may be issued to the owner or operator of a	6951
retail food establishment or a food service operation licensed	6952
under Chapter 3717. of the Revised Code that operates as a	6953
restaurant for purposes of this chapter and that is located within	6954
a casino facility for which a D-5n permit has been issued. The	6955
holder of a D-5o permit may sell beer and any intoxicating liquor	6956
at retail, only by the glass and from the container, for	6957
consumption on the premises where sold, and may sell the same	6958
products in the same manner and amounts not for consumption on the	6959
premises where sold as may be sold by the holders of D-1 and D-2	6960
permits. In addition to the privileges authorized by this	6961
division, the holder of a D-5o permit may exercise the same	6962
privileges as the holder of a D-5 permit. A D-5o permit shall not	6963
be transferred to another location. No quota restrictions shall be	6964
placed on the number of such permits that may be issued. The fee	6965
for this permit is five thousand dollars.	6966

Sec. 4303.182. (A) Except as otherwise provided in divisions	6967
(B) to (J) of this section, permit D-6 shall be issued to the	6968
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	6969
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	6970
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under	6971
that permit as follows:	6972

(1) Between the hours of ten a.m. and midnight on Sunday if	6973
sale during those hours has been approved under question (C)(1),	6974
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6975
under question (B)(2) of section 4301.355 of the Revised Code, or	6976
under section 4301.356 of the Revised Code and has been authorized	6977
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6978
Revised Code, under the restrictions of that authorization;	6979

(2) Between the hours of eleven a.m. and midnight on Sunday,	6980
if sale during those hours has been approved on or after the	6981
effective date of this amendment under question (B)(1), (2), or	6982
(3) of section 4301.351 or 4301.354 of the Revised Code, under	6983
question (B)(2) of section 4301.355 of the Revised Code, or under	6984
section 4301.356 of the Revised Code and has been authorized under	6985
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	6986
Code, under the restrictions of that authorization;	6987

(3) Between the hours of eleven a.m. and midnight on Sunday	6988
if sale between the hours of one p.m. and midnight was approved	6989
before the effective date of this amendment under question (B)(1),	6990
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6991
under question (B)(2) of section 4301.355 of the Revised Code, or	6992
under section 4301.356 of the Revised Code and has been authorized	6993
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6994
Revised Code, under the other restrictions of that authorization.	6995

(B) Permit D-6 shall be issued to the holder of any permit,	6996
including a D-4a and D-5d permit, authorizing the sale of	6997
intoxicating liquor issued for a premises located at any publicly	6998
owned airport, as defined in section 4563.01 of the Revised Code,	6999
at which commercial airline companies operate regularly scheduled	7000
flights on which space is available to the public, to allow sale	7001
under such permit between the hours of ten a.m. and midnight on	7002
Sunday, whether or not that sale has been authorized under section	7003
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	7004

(C) Permit D-6 shall be issued to the holder of a D-5a	7005
permit, and to the holder of a D-3 or D-3a permit who is the owner	7006
or operator of a hotel or motel that is required to be licensed	7007
under section 3731.03 of the Revised Code, that contains at least	7008
fifty rooms for registered transient guests, and that has on its	7009
premises a retail food establishment or a food service operation	7010
licensed pursuant to Chapter 3717. of the Revised Code that	7011
operates as a restaurant for purposes of this chapter and is	7012
affiliated with the hotel or motel and within or contiguous to the	7013
hotel or motel and serving food within the hotel or motel, to	7014
allow sale under such permit between the hours of ten a.m. and	7015
midnight on Sunday, whether or not that sale has been authorized	7016
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	7017
Revised Code.	7018

(D) The holder of a D-6 permit that is issued to a sports	7019
facility may make sales under the permit between the hours of	7020
eleven a.m. and midnight on any Sunday on which a professional	7021
baseball, basketball, football, hockey, or soccer game is being	7022
played at the sports facility. As used in this division, "sports	7023
facility" means a stadium or arena that has a seating capacity of	7024
at least four thousand and that is owned or leased by a	7025
professional baseball, basketball, football, hockey, or soccer	7026
franchise or any combination of those franchises.	7027

(E) Permit D-6 shall be issued to the holder of any permit	7028
that authorizes the sale of beer or intoxicating liquor and that	7029
is issued to a premises located in or at the Ohio historical	7030
society area or the state fairgrounds, as defined in division (B)	7031
of section 4301.40 of the Revised Code, to allow sale under that	7032
permit between the hours of ten a.m. and midnight on Sunday,	7033
whether or not that sale has been authorized under section	7034
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	7035

(F) Permit D-6 shall be issued to the holder of any permit	7036
that authorizes the sale of intoxicating liquor and that is issued	7037
to an outdoor performing arts center to allow sale under that	7038
permit between the hours of one p.m. and midnight on Sunday,	7039
whether or not that sale has been authorized under section	7040
4301.361 of the Revised Code. A D-6 permit issued under this	7041
division is subject to the results of an election, held after the	7042
D-6 permit is issued, on question (B)(4) as set forth in section	7043
4301.351 of the Revised Code. Following the end of the period	7044
during which an election may be held on question (B)(4) as set	7045
forth in that section, sales of intoxicating liquor may continue	7046
at an outdoor performing arts center under a D-6 permit issued	7047
under this division, unless an election on that question is held	7048
during the permitted period and a majority of the voters voting in	7049
the precinct on that question vote "no."	7050

As used in this division, "outdoor performing arts center"	7051
means an outdoor performing arts center that is located on not	7052
less than eight hundred acres of land and that is open for	7053
performances from the first day of April to the last day of	7054
October of each year.	7055

(G) Permit D-6 shall be issued to the holder of any permit	7056
that authorizes the sale of beer or intoxicating liquor and that	7057
is issued to a golf course owned by the state, a conservancy	7058
district, a park district created under Chapter 1545. of the	7059
Revised Code, or another political subdivision to allow sale under	7060
that permit between the hours of ten a.m. and midnight on Sunday,	7061
whether or not that sale has been authorized under section	7062
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	7063

(H) Permit D-6 shall be issued to the holder of a D-5g permit	7064
to allow sale under that permit between the hours of ten a.m. and	7065
midnight on Sunday, whether or not that sale has been authorized	7066
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	7067
Revised Code.	7068

(I) Permit D-6 shall be issued to the holder of any D permit	7069
for a premises that is licensed under Chapter 3717. of the Revised	7070
Code and that is located at a ski area to allow sale under the D-6	7071
permit between the hours of ten a.m. and midnight on Sunday,	7072
whether or not that sale has been authorized under section	7073
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	7074

As used in this division, "ski area" means a ski area as	7075
defined in section 4169.01 of the Revised Code, provided that the	7076
passenger tramway operator at that area is registered under	7077
section 4169.03 of the Revised Code.	7078

(J) Permit D-6 shall be issued to the holder of any permit	7079
that is described in division (A) of this section for a permit	7080
premises that is located in a community entertainment district, as	7081
defined in section 4301.80 of the Revised Code, that was approved	7082
by the legislative authority of a municipal corporation under that	7083
section between October 1 and October 15, 2005, to allow sale	7084
under the permit between the hours of ten a.m. and midnight on	7085
Sunday, whether or not that sale has been authorized under section	7086
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	7087

(K) If the restriction to licensed premises where the sale of	7088
food and other goods and services exceeds fifty per cent of the	7089
total gross receipts of the permit holder at the premises is	7090
applicable, the division of liquor control may accept an affidavit	7091
from the permit holder to show the proportion of the permit	7092
holder's gross receipts derived from the sale of food and other	7093
goods and services. If the liquor control commission determines	7094
that affidavit to have been false, it shall revoke the permits of	7095
the permit holder at the premises concerned.	7096

(L) The fee for the D-6 permit is five hundred dollars when	7097
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	7098
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	7099
D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee	7100
for the D-6 permit is four hundred dollars when it is issued to	7101
the holder of a C-2 permit.	7102

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	7103
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	7104
D-5l, D-5m, D-5n, D-5o, or D-6 permit shall be exercised at not	7105
more than two fixed counters, commonly known as bars, in rooms or	7106
places on the permit premises, where beer, mixed beverages, wine,	7107
or spirituous liquor is sold to the public for consumption on the	7108
premises. For each additional fixed counter on the permit premises	7109
where those beverages are sold for consumption on the premises,	7110
the permit holder shall obtain a duplicate D-2, D-3, D-3a, D-4,	7111
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	7112
D-5l, D-5m, D-5n, D-5o, or D-6 permit.	7113

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	7114
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o,	7115
or D-6 permit shall be granted, upon application to the division	7116
of liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	7117
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	7118
D-5n, D-5o, or D-6 permit for each additional fixed counter on the	7119
permit premises at which beer, mixed beverages, wine, or	7120
spirituous liquor is sold for consumption on the premises,	7121
provided the application is made in the same manner as an	7122
application for an original permit. The application shall be	7123
identified with DUPLICATE printed on the permit application form	7124
furnished by the department, in boldface type. The application	7125
shall identify by name, or otherwise amply describe, the room or	7126
place on the premises where the duplicate permit is to be	7127
operative. Each duplicate permit shall be issued only to the same	7128
individual, firm, or corporation as that of the original permit	7129
and shall be an exact duplicate in size and word content as the	7130
original permit, except that it shall show on it the name or other	7131
ample identification of the room, or place, for which it is issued	7132
and shall have DUPLICATE printed on it in boldface type. A	7133
duplicate permit shall bear the same number as the original	7134
permit. The fee for a duplicate permit is: D-1, one hundred	7135
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	7136
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	7137
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	7138
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	7139
dollars; D-5f, one thousand dollars; D-5o, one thousand dollars;	7140
D-6, one hundred dollars when issued to the holder of a D-4a	7141
permit; and in all other cases one hundred dollars or an amount	7142
which is twenty per cent of the fees payable for the A-1-A, D-2,	7143
D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,	7144
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, and D-6 permits issued to the	7145
same premises, whichever is higher. Application for a duplicate	7146
permit may be filed any time during the life of an original	7147
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	7148
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	7149
D-5n, D-5o, or D-6 permit shall be paid in accordance with section	7150
4303.24 of the Revised Code.	7151

Sec. 5502.03. (A) There is hereby created in the department	7152
of public safety a division of homeland security.	7153

(B) The division shall do all of the following:

7154

(1) Coordinate all homeland security activities of all state	7155
agencies and be the liaison between state agencies and local	7156
entities for the purposes of communicating homeland security	7157
funding and policy initiatives;	7158

(2) Collect, analyze, maintain, and disseminate information	7159
to support local, state, and federal law enforcement agencies,	7160
other government agencies, and private organizations in detecting,	7161
deterring, preventing, preparing for, responding to, and	7162
recovering from threatened or actual terrorist events. This	7163
information is not a public record pursuant to section 149.43 of	7164
the Revised Code.	7165

(3) Coordinate efforts of state and local governments and	7166
private organizations to enhance the security and protection of	7167
critical infrastructure, including casino facilities, and key	7168
assets in this state;	7169

(4) Develop and coordinate policies, protocols, and	7170
strategies that may be used to prevent, detect, prepare for,	7171
respond to, and recover from terrorist acts or threats;	7172

(5) Develop, update, and coordinate the implementation of an	7173
Ohio homeland security strategic plan that will guide state and	7174
local governments in the achievement of homeland security in this	7175
state.	7176

(C) The director of public safety shall appoint an executive	7177
director, who shall be head of the division of homeland security	7178
and who regularly shall advise the governor and the director on	7179
matters pertaining to homeland security. The executive director	7180
shall serve at the pleasure of the director of public safety. To	7181
carry out the duties assigned under this section, the executive	7182
director, subject to the direction and control of the director of	7183
public safety, may appoint and maintain necessary staff and may	7184
enter into any necessary agreements.	7185

(D) Except as otherwise provided by law, nothing in this	7186
section shall be construed to give the director of public safety	7187
or the executive director of the division of homeland security	7188
authority over the incident management structure or	7189
responsibilities of local emergency response personnel.	7190

(E) There is hereby created in the state treasury the	7191
homeland security fund. The fund shall consist of sixty cents of	7192
each fee collected under sections 4501.34, 4503.26, 4506.08, and	7193
4509.05 of the Revised Code as specified in those sections, plus	7194
on and after October 1, 2009, sixty cents of each fee collected	7195
under sections 4505.14 and 4519.63 of the Revised Code as	7196
specified in those sections. The fund shall be used to pay the	7197
expenses of administering the law relative to the powers and	7198
duties of the executive director of the division of homeland	7199
security, except that the director of budget and management may	7200
transfer excess money from the homeland security fund to the state	7201
highway safety fund if the director of public safety determines	7202
that the amount of money in the homeland security fund exceeds the	7203
amount required to cover such costs incurred by the division of	7204
homeland security and requests the director of budget and	7205
management to make the transfer.	7206

Sec. 5703.052. (A) There is hereby created in the state	7207
treasury the tax refund fund, from which refunds shall be paid for	7208
taxes illegally or erroneously assessed or collected, or for any	7209
other reason overpaid, that are levied by Chapter 4301., 4305.,	7210
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	7211
5749., or 5751., or 5753. and sections 3737.71, 3905.35, 3905.36,	7212
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	7213
of the Revised Code. Refunds for fees illegally or erroneously	7214
assessed or collected, or for any other reason overpaid, that are	7215
levied by sections 3734.90 to 3734.9014 of the Revised Code also	7216
shall be paid from the fund. Refunds for amounts illegally or	7217
erroneously assessed or collected by the tax commissioner, or for	7218
any other reason overpaid, that are due under section 1509.50 of	7219
the Revised Code shall be paid from the fund. However, refunds for	7220
taxes levied under section 5739.101 of the Revised Code shall not	7221
be paid from the tax refund fund, but shall be paid as provided in	7222
section 5739.104 of the Revised Code.	7223

(B)(1) Upon certification by the tax commissioner to the	7224
treasurer of state of a tax refund, a fee refund, or an other	7225
amount refunded, or by the superintendent of insurance of a	7226
domestic or foreign insurance tax refund, the treasurer of state	7227
shall place the amount certified to the credit of the fund. The	7228
certified amount transferred shall be derived from current	7229
receipts of the same tax, fee, or other amount from which the	7230
refund arose. If current receipts from the tax, fee, or other	7231
amount from which the refund arose are inadequate to make the	7232
transfer of the amount so certified, the treasurer of state shall	7233
transfer such certified amount from current receipts of the sales	7234
tax levied by section 5739.02 of the Revised Code.	7235

(2) When the treasurer of state provides for the payment of a	7236
refund of a tax, fee, or other amount from the current receipts of	7237
the sales tax, and the refund is for a tax, fee, or other amount	7238
that is not levied by the state, the tax commissioner shall	7239
recover the amount of that refund from the next distribution of	7240
that tax, fee, or other amount that otherwise would be made to the	7241
taxing jurisdiction. If the amount to be recovered would exceed	7242
twenty-five per cent of the next distribution of that tax, fee, or	7243
other amount, the commissioner may spread the recovery over more	7244
than one future distribution, taking into account the amount to be	7245
recovered and the amount of the anticipated future distributions.	7246
In no event may the commissioner spread the recovery over a period	7247
to exceed twenty-four months.	7248

Sec. 5703.19. (A) To carry out the purposes of the laws that	7249
the tax commissioner is required to administer, the commissioner	7250
or any person employed by the commissioner for that purpose, upon	7251
demand, may inspect books, accounts, records, and memoranda of any	7252
person or public utility subject to those laws, and may examine	7253
under oath any officer, agent, or employee of that person or	7254
public utility. Any person other than the commissioner who makes a	7255
demand pursuant to this section shall produce the person's	7256
authority to make the inspection.	7257

(B) If a person or public utility receives at least ten days'	7258
written notice of a demand made under division (A) of this section	7259
and refuses to comply with that demand, a penalty of five hundred	7260
dollars shall be imposed upon the person or public utility for	7261
each day the person or public utility refuses to comply with the	7262
demand. Penalties imposed under this division may be assessed and	7263
collected in the same manner as assessments made under Chapter	7264
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	7265
5747., 5749., or 5751., or 5753., or sections 3734.90 to	7266
3734.9014, of the Revised Code.	7267

Sec. 5703.21. (A) Except as provided in divisions (B) and	7268
(C) of this section, no agent of the department of taxation,	7269
except in the agent's report to the department or when called on	7270
to testify in any court or proceeding, shall divulge any	7271
information acquired by the agent as to the transactions,	7272
property, or business of any person while acting or claiming to	7273
act under orders of the department. Whoever violates this	7274
provision shall thereafter be disqualified from acting as an	7275
officer or employee or in any other capacity under appointment or	7276
employment of the department.	7277

(B)(1) For purposes of an audit pursuant to section 117.15 of	7278
the Revised Code, or an audit of the department pursuant to	7279
Chapter 117. of the Revised Code, or an audit, pursuant to that	7280
chapter, the objective of which is to express an opinion on a	7281
financial report or statement prepared or issued pursuant to	7282
division (A)(7) or (9) of section 126.21 of the Revised Code, the	7283
officers and employees of the auditor of state charged with	7284
conducting the audit shall have access to and the right to examine	7285
any state tax returns and state tax return information in the	7286
possession of the department to the extent that the access and	7287
examination are necessary for purposes of the audit. Any	7288
information acquired as the result of that access and examination	7289
shall not be divulged for any purpose other than as required for	7290
the audit or unless the officers and employees are required to	7291
testify in a court or proceeding under compulsion of legal	7292
process. Whoever violates this provision shall thereafter be	7293
disqualified from acting as an officer or employee or in any other	7294
capacity under appointment or employment of the auditor of state.	7295

(2) For purposes of an internal audit pursuant to section	7296
126.45 of the Revised Code, the officers and employees of the	7297
office of internal auditing in the office of budget and management	7298
charged with conducting the internal audit shall have access to	7299
and the right to examine any state tax returns and state tax	7300
return information in the possession of the department to the	7301
extent that the access and examination are necessary for purposes	7302
of the internal audit. Any information acquired as the result of	7303
that access and examination shall not be divulged for any purpose	7304
other than as required for the internal audit or unless the	7305
officers and employees are required to testify in a court or	7306
proceeding under compulsion of legal process. Whoever violates	7307
this provision shall thereafter be disqualified from acting as an	7308
officer or employee or in any other capacity under appointment or	7309
employment of the office of internal auditing.	7310

(3) As provided by section 6103(d)(2) of the Internal Revenue	7311
Code, any federal tax returns or federal tax information that the	7312
department has acquired from the internal revenue service, through	7313
federal and state statutory authority, may be disclosed to the	7314
auditor of state or the office of internal auditing solely for	7315
purposes of an audit of the department.	7316

(4) For purposes of Chapter 3739. of the Revised Code, an	7317
agent of the department of taxation may share information with the	7318
division of state fire marshal that the agent finds during the	7319
course of an investigation.	7320

(C) Division (A) of this section does not prohibit any of the	7321
following:	7322

(1) Divulging information contained in applications,	7323
complaints, and related documents filed with the department under	7324
section 5715.27 of the Revised Code or in applications filed with	7325
the department under section 5715.39 of the Revised Code;	7326

(2) Providing information to the office of child support	7327
within the department of job and family services pursuant to	7328
section 3125.43 of the Revised Code;	7329

(3) Disclosing to the board of motor vehicle collision repair	7330
registration any information in the possession of the department	7331
that is necessary for the board to verify the existence of an	7332
applicant's valid vendor's license and current state tax	7333
identification number under section 4775.07 of the Revised Code;	7334

(4) Providing information to the administrator of workers'	7335
compensation pursuant to sections 4123.271 and 4123.591 of the	7336
Revised Code;	7337

(5) Providing to the attorney general information the	7338
department obtains under division (J) of section 1346.01 of the	7339
Revised Code;	7340

(6) Permitting properly authorized officers, employees, or	7341
agents of a municipal corporation from inspecting reports or	7342
information pursuant to rules adopted under section 5745.16 of the	7343
Revised Code;	7344

(7) Providing information regarding the name, account number,	7345
or business address of a holder of a vendor's license issued	7346
pursuant to section 5739.17 of the Revised Code, a holder of a	7347
direct payment permit issued pursuant to section 5739.031 of the	7348
Revised Code, or a seller having a use tax account maintained	7349
pursuant to section 5741.17 of the Revised Code, or information	7350
regarding the active or inactive status of a vendor's license,	7351
direct payment permit, or seller's use tax account;	7352

(8) Releasing invoices or invoice information furnished under	7353
section 4301.433 of the Revised Code pursuant to that section;	7354

(9) Providing to a county auditor notices or documents	7355
concerning or affecting the taxable value of property in the	7356
county auditor's county. Unless authorized by law to disclose	7357
documents so provided, the county auditor shall not disclose such	7358
documents;	7359

(10) Providing to a county auditor sales or use tax return or	7360
audit information under section 333.06 of the Revised Code;	7361

(11) Subject to section 4301.441 of the Revised Code,	7362
disclosing to the appropriate state agency information in the	7363
possession of the department of taxation that is necessary to	7364
verify a permit holder's gallonage or noncompliance with taxes	7365
levied under Chapter 4301. or 4305. of the Revised Code;	7366

(12) Disclosing to the department of natural resources	7367
information in the possession of the department that is necessary	7368
to verify the taxpayer's compliance with division (A)(1), (8), or	7369
(9) of section 5749.02 of the Revised Code and information	7370
received pursuant to section 1509.50 of the Revised Code	7371
concerning the amount due under that section;	7372

(13) Disclosing to the department of job and family services,	7373
industrial commission, and bureau of workers' compensation	7374
information in the possession of the department of taxation solely	7375
for the purpose of identifying employers that misclassify	7376
employees as independent contractors or that fail to properly	7377
report and pay employer tax liabilities. The department of	7378
taxation shall disclose only such information that is necessary to	7379
verify employer compliance with law administered by those	7380
agencies.	7381

(14) Disclosing to the Ohio casino control commission	7382
information in the possession of the department of taxation that	7383
is necessary to verify a taxpayer's compliance with section	7384
5753.02 of the Revised Code and sections related thereto.	7385

Sec. 5703.70. (A) On the filing of an application for refund	7386
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	7387
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	7388
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	7389
5749.08, or 5751.08, or 5753.06 of the Revised Code, or an	7390
application for compensation under section 5739.061 of the Revised	7391
Code, if the tax commissioner determines that the amount of the	7392
refund or compensation to which the applicant is entitled is less	7393
than the amount claimed in the application, the commissioner shall	7394
give the applicant written notice by ordinary mail of the amount.	7395
The notice shall be sent to the address shown on the application	7396
unless the applicant notifies the commissioner of a different	7397
address. The applicant shall have sixty days from the date the	7398
commissioner mails the notice to provide additional information to	7399
the commissioner or request a hearing, or both.	7400

(B) If the applicant neither requests a hearing nor provides	7401
additional information to the tax commissioner within the time	7402
prescribed by division (A) of this section, the commissioner shall	7403
take no further action, and the refund or compensation amount	7404
denied becomes final.	7405

(C)(1) If the applicant requests a hearing within the time	7406
prescribed by division (A) of this section, the tax commissioner	7407
shall assign a time and place for the hearing and notify the	7408
applicant of such time and place, but the commissioner may	7409
continue the hearing from time to time as necessary. After the	7410
hearing, the commissioner may make such adjustments to the refund	7411
or compensation as the commissioner finds proper, and shall issue	7412
a final determination thereon.	7413

(2) If the applicant does not request a hearing, but provides	7414
additional information, within the time prescribed by division (A)	7415
of this section, the commissioner shall review the information,	7416
make such adjustments to the refund or compensation as the	7417
commissioner finds proper, and issue a final determination	7418
thereon.	7419

(3) The commissioner shall serve a copy of the final	7420
determination made under division (C)(1) or (2) of this section on	7421
the applicant in the manner provided in section 5703.37 of the	7422
Revised Code, and the decision is final, subject to appeal under	7423
section 5717.02 of the Revised Code.	7424

(D) The tax commissioner shall certify to the director of	7425
budget and management and treasurer of state for payment from the	7426
tax refund fund created by section 5703.052 of the Revised Code,	7427
the amount of the refund to be refunded under division (B) or (C)	7428
of this section. The commissioner also shall certify to the	7429
director and treasurer of state for payment from the general	7430
revenue fund the amount of compensation to be paid under division	7431
(B) or (C) of this section.	7432

Sec. 5747.02. (A) For the purpose of providing revenue for	7433
the support of schools and local government functions, to provide	7434
relief to property taxpayers, to provide revenue for the general	7435
revenue fund, and to meet the expenses of administering the tax	7436
levied by this chapter, there is hereby levied on every	7437
individual, trust, and estate residing in or earning or receiving	7438
income in this state, on every individual, trust, and estate	7439
earning or receiving lottery winnings, prizes, or awards pursuant	7440
to Chapter 3770. of the Revised Code, on every individual, trust,	7441
and estate earning or receiving winnings on casino gaming, and on	7442
every individual, trust, and estate otherwise having nexus with or	7443
in this state under the Constitution of the United States, an	7444
annual tax measured in the case of individuals by Ohio adjusted	7445
gross income less an exemption for the taxpayer, the taxpayer's	7446
spouse, and each dependent as provided in section 5747.025 of the	7447
Revised Code; measured in the case of trusts by modified Ohio	7448
taxable income under division (D) of this section; and measured in	7449
the case of estates by Ohio taxable income. The tax imposed by	7450
this section on the balance thus obtained is hereby levied as	7451
follows:	7452

(1) For taxable years beginning in 2004:

7453

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7454
OR		7455
MODIFIED OHIO		7456
TAXABLE INCOME (TRUSTS)		7457
OR		7458
OHIO TAXABLE INCOME (ESTATES)	TAX	7459

$5,000 or less	.743%	7460
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	7461
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	7462
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	7463
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	7464
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	7465
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	7466
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	7467
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	7468

(2) For taxable years beginning in 2005:

7469

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7470
OR		7471
MODIFIED OHIO		7472
TAXABLE INCOME (TRUSTS)		7473
OR		7474
OHIO TAXABLE INCOME (ESTATES)	TAX	7475

$5,000 or less	.712%	7476
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	7477
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	7478
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	7479
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	7480
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	7481
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	7482
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	7483
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	7484

(3) For taxable years beginning in 2006:

7485

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7486
OR		7487
MODIFIED OHIO		7488
TAXABLE INCOME (TRUSTS)		7489
OR		7490
OHIO TAXABLE INCOME (ESTATES)	TAX	7491

$5,000 or less	.681%	7492
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	7493
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	7494
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	7495
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	7496
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	7497
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	7498
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	7499
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	7500

(4) For taxable years beginning in 2007:

7501

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7502
OR		7503
MODIFIED OHIO		7504
TAXABLE INCOME (TRUSTS)		7505
OR		7506
OHIO TAXABLE INCOME (ESTATES)	TAX	7507

$5,000 or less	.649%	7508
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	7509
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	7510
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	7511
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	7512
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	7513
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	7514
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	7515
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	7516

(5) For taxable years beginning in 2008, 2009, or 2010:

7517

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7518
OR		7519
MODIFIED OHIO		7520
TAXABLE INCOME (TRUSTS)		7521
OR		7522
OHIO TAXABLE INCOME (ESTATES)	TAX	7523

$5,000 or less	.618%	7524
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	7525
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	7526
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	7527
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	7528
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	7529
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	7530
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	7531
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	7532

(6) For taxable years beginning in 2011 or thereafter:

7533

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7534
OR		7535
MODIFIED OHIO		7536
TAXABLE INCOME (TRUSTS)		7537
OR		7538
OHIO TAXABLE INCOME (ESTATES)	TAX	7539

$5,000 or less	.587%	7540
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	7541
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	7542
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	7543
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	7544
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	7545
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	7546
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	7547
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	7548

In July of each year, beginning in 2010, the tax commissioner	7549
shall adjust the income amounts prescribed in this division by	7550
multiplying the percentage increase in the gross domestic product	7551
deflator computed that year under section 5747.025 of the Revised	7552
Code by each of the income amounts resulting from the adjustment	7553
under this division in the preceding year, adding the resulting	7554
product to the corresponding income amount resulting from the	7555
adjustment in the preceding year, and rounding the resulting sum	7556
to the nearest multiple of fifty dollars. The tax commissioner	7557
also shall recompute each of the tax dollar amounts to the extent	7558
necessary to reflect the adjustment of the income amounts. The	7559
rates of taxation shall not be adjusted.	7560

The adjusted amounts apply to taxable years beginning in the	7561
calendar year in which the adjustments are made. The tax	7562
commissioner shall not make such adjustments in any year in which	7563
the amount resulting from the adjustment would be less than the	7564
amount resulting from the adjustment in the preceding year.	7565

(B) If the director of budget and management makes a	7566
certification to the tax commissioner under division (B) of	7567
section 131.44 of the Revised Code, the amount of tax as	7568
determined under division (A) of this section shall be reduced by	7569
the percentage prescribed in that certification for taxable years	7570
beginning in the calendar year in which that certification is	7571
made.	7572

(C) The levy of this tax on income does not prevent a	7573
municipal corporation, a joint economic development zone created	7574
under section 715.691, or a joint economic development district	7575
created under section 715.70 or 715.71 or sections 715.72 to	7576
715.81 of the Revised Code from levying a tax on income.	7577

(D) This division applies only to taxable years of a trust	7578
beginning in 2002 or thereafter.	7579

(1) The tax imposed by this section on a trust shall be	7580
computed by multiplying the Ohio modified taxable income of the	7581
trust by the rates prescribed by division (A) of this section.	7582

(2) A nonresident trust may claim a credit against the tax	7583
computed under division (D) of this section equal to the lesser of	7584
(1) the tax paid to another state or the District of Columbia on	7585
the nonresident trust's modified nonbusiness income, other than	7586
the portion of the nonresident trust's nonbusiness income that is	7587
qualifying investment income as defined in section 5747.012 of the	7588
Revised Code, or (2) the effective tax rate, based on modified	7589
Ohio taxable income, multiplied by the nonresident trust's	7590
modified nonbusiness income other than the portion of the	7591
nonresident trust's nonbusiness income that is qualifying	7592
investment income. The credit applies before any other applicable	7593
credits.	7594

(3) The credits enumerated in divisions (A)(1) to (13) of	7595
section 5747.98 of the Revised Code do not apply to a trust	7596
subject to division (D) of this section. Any credits enumerated in	7597
other divisions of section 5747.98 of the Revised Code apply to a	7598
trust subject to division (D) of this section. To the extent that	7599
the trust distributes income for the taxable year for which a	7600
credit is available to the trust, the credit shall be shared by	7601
the trust and its beneficiaries. The tax commissioner and the	7602
trust shall be guided by applicable regulations of the United	7603
States treasury regarding the sharing of credits.	7604

(E) For the purposes of this section, "trust" means any trust	7605
described in Subchapter J of Chapter 1 of the Internal Revenue	7606
Code, excluding trusts that are not irrevocable as defined in	7607
division (I)(3)(b) of section 5747.01 of the Revised Code and that	7608
have no modified Ohio taxable income for the taxable year,	7609
charitable remainder trusts, qualified funeral trusts and preneed	7610
funeral contract trusts established pursuant to sections 4717.31	7611
to 4717.38 of the Revised Code that are not qualified funeral	7612
trusts, endowment and perpetual care trusts, qualified settlement	7613
trusts and funds, designated settlement trusts and funds, and	7614
trusts exempted from taxation under section 501(a) of the Internal	7615
Revenue Code.	7616

Sec. 5747.063. (A)(1) If a person's winnings at a casino	7617
facility are an amount for which reporting to the internal revenue	7618
service of the amount is required by 26 U.S.C. 6041 or a	7619
subsequent, analogous section of the Internal Revenue Code, the	7620
casino operator shall deduct and withhold Ohio income tax from the	7621
person's winnings at a rate of six per cent of the amount won. A	7622
person's amount of winnings shall be determined each time the	7623
person exchanges amounts won in tokens, chips, casino credit, or	7624
other pre-paid representations of value for cash or a cash	7625
equivalent. The casino operator shall issue, to a person from	7626
whose winnings an amount has been deducted and withheld, a receipt	7627
for the amount deducted and withheld, and also shall obtain from	7628
the person additional information that will be necessary for the	7629
casino operator to prepare the returns required by this section.	7630

(2) If a person's winnings at a casino facility require	7631
reporting to the internal revenue service under division (A)(1) of	7632
this section, the casino operator also shall require the person to	7633
state in writing, under penalty of falsification, whether the	7634
person is in default under a support order.	7635

(B) Amounts deducted and withheld by a casino operator are	7636
held in trust for the benefit of the state.	7637

(1) On or before the tenth banking day of each month, the	7638
casino operator shall file a return electronically with the tax	7639
commissioner identifying the persons from whose winnings amounts	7640
were deducted and withheld and the amount of each such deduction	7641
and withholding during the preceding calendar month. With the	7642
return, the casino operator shall remit electronically to the tax	7643
commissioner all the amounts deducted and withheld during the	7644
preceding month. And together with the return and remittance, the	7645
casino operator shall transmit electronically to the tax	7646
commissioner a copy of each receipt issued, and a copy of each	7647
statement made, under divisions (A)(1) and (2) of this section.	7648

(2) Annually on or before the thirty-first day of January, a	7649
casino operator shall file an annual return electronically with	7650
the tax commissioner indicating the total amount deducted and	7651
withheld during the preceding calendar year. The casino operator	7652
shall remit electronically with the annual return any amount that	7653
was deducted and withheld and that was not previously remitted. If	7654
the identity of a person and the amount deducted and withheld with	7655
respect to that person were omitted on a monthly return, that	7656
information shall be indicated on the annual return. And if a copy	7657
of the receipt and statement pertaining to a person was not	7658
previously transmitted to the tax commissioner, the receipt and	7659
statement shall be transmitted to the tax commissioner	7660
electronically with the annual return.	7661

(3)(a) A casino operator who fails to file a return and remit	7662
the amounts deducted and withheld is personally liable for the	7663
amount deducted and withheld and not remitted. The tax	7664
commissioner may impose a penalty up to one thousand dollars if a	7665
return is filed late, if amounts deducted and withheld are	7666
remitted late, if a return is not filed, or if amounts deducted	7667
and withheld are not remitted. Interest accrues on past due	7668
amounts deducted and withheld at the rate prescribed in section	7669
5703.47 of the Revised Code. The tax commissioner may collect past	7670
due amounts deducted and withheld and penalties and interest	7671
thereon by assessment under section 5747.13 of the Revised Code as	7672
if they were income taxes collected by an employer.	7673

(b) If a casino operator sells the casino facility or	7674
otherwise quits the casino business, the amounts deducted and	7675
withheld and any penalties and interest thereon are immediately	7676
due and payable. The successor shall withhold an amount of the	7677
purchase money that is sufficient to cover the amounts deducted	7678
and withheld and penalties and interest thereon until the	7679
predecessor casino operator produces either a receipt from the tax	7680
commissioner showing that the amounts deducted and withheld and	7681
penalties and interest thereon have been paid or a certificate	7682
from the tax commissioner indicating that no amounts deducted and	7683
withheld or penalties and interest thereon are due. If the	7684
successor fails to withhold purchase money, the successor is	7685
personally liable for payment of the amounts deducted and withheld	7686
and penalties and interest thereon, up to the amount of the	7687
purchase money.	7688

(C) Annually, on or before the thirty-first day of January, a	7689
casino operator shall issue an information return to each person	7690
with respect to whom an amount has been deducted and withheld	7691
during the preceding calendar year. The information return shall	7692
show the total amount deducted from the person's winnings by the	7693
casino operator during the preceding calendar year.	7694

(D) Amounts deducted and withheld shall be treated as a	7695
credit against the tax imposed by section 5747.02 of the Revised	7696
Code. The credit is refundable and shall be claimed in the order	7697
required under section 5747.98 of the Revised Code. Only the	7698
person for whom the amount is deducted and withheld may claim a	7699
credit for such amount.	7700

(E) The failure of a casino operator to deduct and withhold	7701
the required amount from a person's winnings does not relieve the	7702
person from liability for the tax imposed by section 5747.02 of	7703
the Revised Code with respect to those winnings. And compliance	7704
with this section does not relieve a casino operator or a person	7705
who has winnings at a casino facility from compliance with	7706
relevant provisions of federal tax laws.	7707

(F) The tax commissioner shall prescribe the form of the	7708
receipt, statement, and returns required by this section.	7709

Sec. 5747.98. (A) To provide a uniform procedure for	7710
calculating the amount of tax due under section 5747.02 of the	7711
Revised Code, a taxpayer shall claim any credits to which the	7712
taxpayer is entitled in the following order:	7713

(1) The retirement income credit under division (B) of	7714
section 5747.055 of the Revised Code;	7715

(2) The senior citizen credit under division (C) of section	7716
5747.05 of the Revised Code;	7717

(3) The lump sum distribution credit under division (D) of	7718
section 5747.05 of the Revised Code;	7719

(4) The dependent care credit under section 5747.054 of the	7720
Revised Code;	7721

(5) The lump sum retirement income credit under division (C)	7722
of section 5747.055 of the Revised Code;	7723

(6) The lump sum retirement income credit under division (D)	7724
of section 5747.055 of the Revised Code;	7725

(7) The lump sum retirement income credit under division (E)	7726
of section 5747.055 of the Revised Code;	7727

(8) The low-income credit under section 5747.056 of the	7728
Revised Code;	7729

(9) The credit for displaced workers who pay for job training	7730
under section 5747.27 of the Revised Code;	7731

(10) The campaign contribution credit under section 5747.29	7732
of the Revised Code;	7733

(11) The twenty-dollar personal exemption credit under	7734
section 5747.022 of the Revised Code;	7735

(12) The joint filing credit under division (G) of section	7736
5747.05 of the Revised Code;	7737

(13) The nonresident credit under division (A) of section	7738
5747.05 of the Revised Code;	7739

(14) The credit for a resident's out-of-state income under	7740
division (B) of section 5747.05 of the Revised Code;	7741

(15) The credit for employers that enter into agreements with	7742
child day-care centers under section 5747.34 of the Revised Code;	7743

(16) The credit for employers that reimburse employee child	7744
care expenses under section 5747.36 of the Revised Code;	7745

(17) The credit for adoption of a minor child under section	7746
5747.37 of the Revised Code;	7747

(18) The credit for purchases of lights and reflectors under	7748
section 5747.38 of the Revised Code;	7749

(19) The job retention credit under division (B) of section	7750
5747.058 of the Revised Code;	7751

(20) The credit for selling alternative fuel under section	7752
5747.77 of the Revised Code;	7753

(21) The second credit for purchases of new manufacturing	7754
machinery and equipment and the credit for using Ohio coal under	7755
section 5747.31 of the Revised Code;	7756

(22) The job training credit under section 5747.39 of the	7757
Revised Code;	7758

(23) The enterprise zone credit under section 5709.66 of the	7759
Revised Code;	7760

(24) The credit for the eligible costs associated with a	7761
voluntary action under section 5747.32 of the Revised Code;	7762

(25) The credit for employers that establish on-site child	7763
day-care centers under section 5747.35 of the Revised Code;	7764

(26) The ethanol plant investment credit under section	7765
5747.75 of the Revised Code;	7766

(27) The credit for purchases of qualifying grape production	7767
property under section 5747.28 of the Revised Code;	7768

(28) The export sales credit under section 5747.057 of the	7769
Revised Code;	7770

(29) The credit for research and development and technology	7771
transfer investors under section 5747.33 of the Revised Code;	7772

(30) The enterprise zone credits under section 5709.65 of the	7773
Revised Code;	7774

(31) The research and development credit under section	7775
5747.331 of the Revised Code;	7776

(32) The credit for rehabilitating a historic building under	7777
section 5747.76 of the Revised Code;	7778

(33) The refundable credit for rehabilitating a historic	7779
building under section 5747.76 of the Revised Code;	7780

(34) The refundable jobs creation credit under division (A)	7781
of section 5747.058 of the Revised Code;	7782

(35) The refundable credit for taxes paid by a qualifying	7783
entity granted under section 5747.059 of the Revised Code;	7784

(36) The refundable credits for taxes paid by a qualifying	7785
pass-through entity granted under division (J) of section 5747.08	7786
of the Revised Code;	7787

(37) The refundable credit for tax withheld under division	7788
(B)(1) of section 5747.062 of the Revised Code;	7789

(38) The refundable credit for tax withheld under section	7790
5747.063 of the Revised Code;	7791

(39) The refundable credit under section 5747.80 of the	7792
Revised Code for losses on loans made to the Ohio venture capital	7793
program under sections 150.01 to 150.10 of the Revised Code;	7794

~~(39)~~(40) The refundable motion picture production credit	7795
under section 5747.66 of the Revised Code.	7796

(B) For any credit, except the refundable credits enumerated	7797
in this section and the credit granted under division (I) of	7798
section 5747.08 of the Revised Code, the amount of the credit for	7799
a taxable year shall not exceed the tax due after allowing for any	7800
other credit that precedes it in the order required under this	7801
section. Any excess amount of a particular credit may be carried	7802
forward if authorized under the section creating that credit.	7803
Nothing in this chapter shall be construed to allow a taxpayer to	7804
claim, directly or indirectly, a credit more than once for a	7805
taxable year.	7806

Sec. 5753.01. As used in this chapter:

7807

(A) "Casino facility" has the same meaning as in section	7808
3772.01 of the Revised Code.	7809

(B) "Casino gaming" has the same meaning as in section	7810
3772.01 of the Revised Code.	7811

(C) "Casino operator" has the same meaning as in section	7812
3772.01 of the Revised Code.	7813

(D) "Gross casino revenue" means the total amount of money	7814
exchanged for the purchase of chips, tokens, tickets, electronic	7815
cards, or similar objects by casino patrons, less winnings paid to	7816
wagerers.	7817

(E) "Person" has the same meaning as in section 3772.01 of	7818
the Revised Code.	7819

(F) "Slot machine" has the same meaning as in section 3772.01	7820
of the Revised Code.	7821

(G) "Table game" has the same meaning as in section 3772.01	7822
of the Revised Code.	7823

(H) "Tax period" means one twenty-four-hour period with	7824
regard to which a casino operator is required to pay the tax	7825
levied by this chapter.	7826

Sec. 5753.02. For the purpose of funding the needs of	7827
cities, counties, public school districts, law enforcement, and	7828
the horse racing industry; funding efforts to alleviate problem	7829
gambling and substance abuse; defraying Ohio casino control	7830
commission operating costs; and defraying the costs of	7831
administering the tax, a tax is levied on the gross casino revenue	7832
received by a casino operator of a casino facility at the rate of	7833
thirty-three per cent of the casino operator's gross casino	7834
revenue at the casino facility. The tax is in addition to any	7835
other taxes or fees imposed under the Revised Code or other law	7836
and for which the casino operator is liable under Section 6(C)(2)	7837
of Article XV, Ohio Constitution.	7838

Sec. 5753.03. (A) For the purpose of receiving and	7839
distributing, and accounting for, revenue received from the tax	7840
levied by section 5753.02 of the Revised Code, the following funds	7841
are created in the state treasury:	7842

(1) The casino tax revenue fund;

7843

(2) The gross casino revenue county fund;

7844

(3) The gross casino revenue county student fund;

7845

(4) The gross casino revenue host city fund;

7846

(5) The Ohio state racing commission fund;

7847

(6) The Ohio law enforcement training fund;

7848

(7) The problem casino gambling and addictions fund;

7849

(8) The casino control commission fund;

7850

(9) The casino tax administration fund.

7851

(B) All moneys collected from the tax levied under this	7852
chapter shall be deposited into the casino tax revenue fund.	7853

(C) From the casino tax revenue fund the director of budget	7854
and management shall transfer as needed to the tax refund fund	7855
amounts equal to the refunds certified by the tax commissioner	7856
under section 5753.06 of the Revised Code.	7857

(D) After making any transfers required by division (C) of	7858
this section, but not later than the fifteenth day of each	7859
calendar quarter, the director of budget and management shall	7860
transfer amounts to each fund as follows:	7861

(1) Fifty-one per cent to the gross casino revenue county	7862
fund to make payments as required by Section 6(C)(3)(a) of Article	7863
XV, Ohio Constitution;	7864

(2) Thirty-four per cent to the gross casino revenue county	7865
student fund to make payments as required by Section 6(C)(3)(b) of	7866
Article XV, Ohio Constitution;	7867

(3) Five per cent to the gross casino revenue host city fund	7868
to make payments to the cities in which casino facilities are	7869
located as required by Section 6(C)(3)(c) of Article XV, Ohio	7870
Constitution;	7871

(4) Three per cent to the Ohio state racing commission fund	7872
to support horse racing in this state at which the pari-mutuel	7873
system of wagering is conducted;	7874

(5) Two per cent to the Ohio law enforcement training fund to	7875
support law enforcement functions in the state;	7876

(6) Two per cent to the problem casino gambling and	7877
addictions fund to support efforts to alleviate problem gambling	7878
and substance abuse and related research in the state;	7879

(7) Three per cent to the casino control commission fund to	7880
support the operations of the Ohio casino control commission and	7881
to defray the cost of administering the tax levied under section	7882
5753.02 of the Revised Code.	7883

Payments under divisions (D)(1), (2), and (3) of this section	7884
shall be made by the end of the month following the end of the	7885
quarterly period.	7886

Of the money credited to the Ohio law enforcement training	7887
fund, the director of budget and management shall distribute	7888
eighty-five per cent of the money to the Ohio peace officer	7889
training academy and fifteen per cent of the money to the division	7890
of criminal justice services.	7891

(E) The director of budget and management shall transfer one	7892
per cent of the money credited to the Ohio casino control	7893
commission fund to the casino tax administration fund. The tax	7894
commissioner shall use the casino tax administration fund to	7895
defray the costs incurred in administering the tax levied by this	7896
chapter.	7897

Sec. 5753.04. Daily each day banks are open for business,	7898
not later than noon, a casino operator shall file a return	7899
electronically with the tax commissioner. The return shall be in	7900
the form required by the tax commissioner, and shall reflect the	7901
relevant tax period. The return shall include, but is not limited	7902
to, the amount of the casino operator's gross casino revenue for	7903
the tax period and the amount of tax due under section 5753.02 of	7904
the Revised Code for the tax period. The casino operator shall	7905
remit electronically with the return the tax due.	7906

If the casino operator ceases to be a taxpayer at any time,	7907
the casino operator shall indicate the last date for which the	7908
casino operator was liable for the tax. The return shall include a	7909
space for this purpose.	7910

Sec. 5753.05. (A)(1) A casino operator who fails to file a	7911
return or to remit the tax due as required by section 5753.04 of	7912
the Revised Code shall pay a penalty not to exceed the greater of	7913
fifty dollars or ten per cent of the tax due.	7914

(2) If the tax commissioner finds additional tax to be due,	7915
the tax commissioner may impose an additional penalty of up to	7916
fifteen per cent of the additional tax found to be due. A	7917
delinquent payment of tax made as the result of a notice or an	7918
audit is subject to the additional penalty imposed by this	7919
division.	7920

(3) If a casino operator fails to file a return	7921
electronically or to remit the tax electronically, the tax	7922
commissioner may impose an additional penalty of fifty dollars or	7923
ten per cent of the tax due as shown on the return, whichever is	7924
greater.	7925

(B) If the tax due under section 5753.02 of the Revised Code	7926
is not timely paid, the casino operator shall pay interest at the	7927
rate per annum prescribed in section 5703.47 of the Revised Code	7928
beginning on the day the tax was due through the day the tax is	7929
paid or an assessment is issued, whichever occurs first.	7930

(C) The tax commissioner shall collect any penalty or	7931
interest as if it were the tax levied by section 5753.02 of the	7932
Revised Code. Penalties and interest shall be treated as if they	7933
were revenue arising from the tax levied by section 5753.02 of the	7934
Revised Code.	7935

(D) The tax commissioner may abate all or a portion of any	7936
penalty imposed under this section and may adopt rules governing	7937
abatements.	7938

(E) If a casino operator fails to file a return or remit the	7939
tax due as required by section 5753.04 of the Revised Code within	7940
a period of one year after the due date for filing the return or	7941
remitting the tax, the Ohio casino control commission may suspend	7942
the casino operator's license.	7943

Sec. 5753.06. (A) A casino operator may apply to the tax	7944
commissioner for refund of the amount of taxes under section	7945
5753.02 of the Revised Code that were overpaid, paid illegally or	7946
erroneously, or paid on an illegal or erroneous assessment. The	7947
application shall be on a form prescribed by the tax commissioner.	7948
The casino operator shall provide the amount of the requested	7949
refund along with the claimed reasons for, and documentation to	7950
support, the issuance of a refund. The casino operator shall file	7951
the application with the tax commissioner within four years after	7952
the date the payment was made, unless the applicant has waived the	7953
time limitation under division (D) of section 5753.07 of the	7954
Revised Code. In the latter event, the four-year limitation is	7955
extended for the same period of time as the waiver.	7956

(B) Upon the filing of a refund application, the tax	7957
commissioner shall determine the amount of refund to which the	7958
applicant is entitled. If the amount is not less than that	7959
claimed, the tax commissioner shall certify the amount to the	7960
director of budget and management and treasurer of state for	7961
payment from the tax refund fund. If the amount is less than that	7962
claimed, the tax commissioner shall proceed under section 5703.70	7963
of the Revised Code.	7964

(C) Interest on a refund applied for under this section,	7965
computed at the rate provided for in section 5703.47 of the	7966
Revised Code, shall be allowed from the later of the date the tax	7967
was due or the date payment of the tax was made. Except as	7968
provided in section 5753.07 of the Revised Code, the tax	7969
commissioner may, with the consent of the casino operator, provide	7970
for crediting against the tax due for a tax period, the amount of	7971
any refund due the casino operator for a preceding tax period.	7972

(D) Refunds under this section are subject to offset under	7973
section 5753.061 of the Revised Code.	7974

Sec. 5753.061. As used in this section, "debt to the state"	7975
means unpaid taxes that are due the state, unpaid workers'	7976
compensation premiums that are due, unpaid unemployment	7977
compensation contributions that are due, unpaid unemployment	7978
compensation payments in lieu of contributions that are due,	7979
unpaid fees payable to the state or to the clerk of courts under	7980
section 4505.06 of the Revised Code, incorrect medical assistance	7981
payments, or any unpaid charge, penalty, or interest arising from	7982
any of the foregoing. A debt to the state is not a "debt to the	7983
state" as used in this section unless the liability underlying the	7984
debt to the state has become incontestable because the time for	7985
appealing, reconsidering, reassessing, or otherwise questioning	7986
the liability has expired or the liability has been finally	7987
determined to be valid.	7988

If a casino operator who is entitled to a refund under	7989
section 5753.06 of the Revised Code owes a debt to the state, the	7990
amount refundable may be applied in satisfaction of the debt to	7991
the state. If the amount refundable is less than the amount of the	7992
debt to the state, the amount refundable may be applied in partial	7993
satisfaction of the debt. If the amount refundable is greater than	7994
the amount of the debt, the amount refundable remaining after	7995
satisfaction of the debt shall be refunded to the casino operator.	7996

Sec. 5753.07. (A)(1) The tax commissioner may issue an	7997
assessment, based on any information in the tax commissioner's	7998
possession, against a casino operator who fails to pay the tax	7999
levied under section 5753.02 of the Revised Code or to file a	8000
return under section 5753.04 of the Revised Code. The tax	8001
commissioner shall give the casino operator written notice of the	8002
assessment under section 5703.37 of the Revised Code. With the	8003
notice, the tax commissioner shall include instructions on how to	8004
petition for reassessment and on how to request a hearing with	8005
respect to the petition.	8006

(2) Unless the casino operator, within sixty days after	8007
service of the notice of assessment, files with the tax	8008
commissioner, either personally or by certified mail, a written	8009
petition signed by the casino operator, or by the casino	8010
operator's authorized agent who has knowledge of the facts, the	8011
assessment becomes final, and the amount of the assessment is due	8012
and payable from the casino operator to the treasurer of state.	8013
The petition shall indicate the casino operator's objections to	8014
the assessment. Additional objections may be raised in writing if	8015
they are received by the tax commissioner before the date shown on	8016
the final determination.	8017

(3) If a petition for reassessment has been properly filed,	8018
the tax commissioner shall proceed under section 5703.60 of the	8019
Revised Code.	8020

(4) After an assessment becomes final, if any portion of the	8021
assessment, including penalties and accrued interest, remains	8022
unpaid, the tax commissioner may file a certified copy of the	8023
entry making the assessment final in the office of the clerk of	8024
the court of common pleas of Franklin county or in the office of	8025
the clerk of the court of common pleas of the county in which the	8026
casino operator resides, the casino operator's casino facility is	8027
located, or the casino operator's principal place of business in	8028
this state is located. Immediately upon the filing of the entry,	8029
the clerk shall enter a judgment for the state against the	8030
taxpayer assessed in the amount shown on the entry. The judgment	8031
may be filed by the clerk in a loose-leaf book entitled, "special	8032
judgments for the gross casino revenue tax." The judgment has the	8033
same effect as other judgments. Execution shall issue upon the	8034
judgment at the request of the tax commissioner, and all laws	8035
applicable to sales on execution apply to sales made under the	8036
judgment.	8037

(5) The portion of an assessment not paid within sixty days	8038
after the day the assessment was issued bears interest at the rate	8039
per annum prescribed by section 5703.47 of the Revised Code from	8040
the day the tax commissioner issued the assessment until the	8041
assessment is paid. Interest shall be paid in the same manner as	8042
the tax levied under section 5753.02 of the Revised Code and may	8043
be collected by the issuance of an assessment under this section.	8044

(B) If the tax commissioner believes that collection of the	8045
tax levied under section 5753.02 of the Revised Code will be	8046
jeopardized unless proceedings to collect or secure collection of	8047
the tax are instituted without delay, the commissioner may issue a	8048
jeopardy assessment against the casino operator who is liable for	8049
the tax. Immediately upon the issuance of a jeopardy assessment,	8050
the tax commissioner shall file an entry with the clerk of the	8051
court of common pleas in the manner prescribed by division (A)(4)	8052
of this section, and the clerk shall proceed as directed in that	8053
division. Notice of the jeopardy assessment shall be served on the	8054
casino operator or the casino operator's authorized agent under	8055
section 5703.37 of the Revised Code within five days after the	8056
filing of the entry with the clerk. The total amount assessed is	8057
immediately due and payable, unless the casino operator assessed	8058
files a petition for reassessment under division (A)(2) of this	8059
section and provides security in a form satisfactory to the tax	8060
commissioner that is in an amount sufficient to satisfy the unpaid	8061
balance of the assessment. If a petition for reassessment has been	8062
filed, and if satisfactory security has been provided, the tax	8063
commissioner shall proceed under division (A)(3) of this section.	8064
Full or partial payment of the assessment does not prejudice the	8065
tax commissioner's consideration of the petition for reassessment.	8066

(C) The tax commissioner shall immediately forward to the	8067
treasurer of state all amounts the tax commissioner receives under	8068
this section, and the amounts forwarded shall be treated as if	8069
they were revenue arising from the tax levied under section	8070
5753.02 of the Revised Code.	8071

(D) Except as otherwise provided in this division, no	8072
assessment shall be issued against a casino operator for the tax	8073
levied under section 5753.02 of the Revised Code more than four	8074
years after the due date for filing the return for the tax period	8075
for which the tax was reported, or more than four years after the	8076
return for the tax period was filed, whichever is later. This	8077
division does not bar an assessment against a casino operator who	8078
fails to file a return as required by section 5753.04 of the	8079
Revised Code or who files a fraudulent return, or when the casino	8080
operator and the tax commissioner waive in writing the time	8081
limitation.	8082

(E) If the tax commissioner possesses information that	8083
indicates that the amount of tax a casino operator is liable to	8084
pay under section 5753.02 of the Revised Code exceeds the amount	8085
the casino operator paid, the tax commissioner may audit a sample	8086
of the casino operator's gross casino revenue over a	8087
representative period of time to ascertain the amount of tax due,	8088
and may issue an assessment based on the audit. The tax	8089
commissioner shall make a good faith effort to reach agreement	8090
with the casino operator in selecting a representative sample. The	8091
tax commissioner may apply a sampling method only if the tax	8092
commissioner has prescribed the method by rule.	8093

(F) If the whereabouts of a casino operator who is liable for	8094
the tax levied under section 5753.02 of the Revised Code are	8095
unknown to the tax commissioner, the tax commissioner shall	8096
proceed under section 5703.37 of the Revised Code.	8097

(G) If a casino operator fails to pay the tax levied under	8098
section 5753.02 of the Revised Code within a period of one year	8099
after the due date for remitting the tax, the Ohio casino control	8100
commission may suspend the casino operator's license.	8101

Sec. 5753.08. If a casino operator who is liable for the tax	8102
levied under section 5753.02 of the Revised Code sells the casino	8103
facility, disposes of the casino facility in any manner other than	8104
in the regular course of business, or quits the casino gaming	8105
business, any tax owed by that person becomes immediately due and	8106
payable, and the person shall pay the tax due, including any	8107
applicable penalties and interest. The person's successor shall	8108
withhold a sufficient amount of the purchase money to cover the	8109
amounts due and unpaid until the predecessor produces a receipt	8110
from the tax commissioner showing that the amounts due have been	8111
paid or a certificate indicating that no taxes are due. If the	8112
successor fails to withhold purchase money, the successor is	8113
personally liable, up to the purchase money amount, for amounts	8114
that were unpaid during the operation of the business by the	8115
predecessor.	8116

Sec. 5753.09. The tax commissioner shall administer and	8117
enforce this chapter. In addition to any other powers conferred	8118
upon the tax commissioner by law, the tax commissioner may:	8119

(A) Prescribe all forms that are required to be filed under	8120
this chapter;	8121

(B) Adopt rules that are necessary and proper to carry out	8122
this chapter; and	8123

(C) Appoint professional, technical, and clerical employees	8124
as are necessary to carry out the tax commissioner's duties under	8125
this chapter.	8126

Sec. 5753.10. The tax commissioner may prescribe	8127
requirements for the keeping of records and pertinent documents,	8128
for the filing of copies of federal income tax returns and	8129
determinations, and for computations reconciling federal income	8130
tax returns with the return required by section 5753.04 of the	8131
Revised Code. The tax commissioner may require a casino operator,	8132
by rule or by notice served on the casino operator, to keep	8133
records and other documents that the tax commissioner considers	8134
necessary to show the extent to which the casino operator is	8135
subject to this chapter. The records and other documents shall be	8136
open to inspection by the tax commissioner during business hours,	8137
and shall be preserved for a period of four years unless the tax	8138
commissioner, in writing, consents to their destruction within	8139
that period, or by order served on the casino operator requires	8140
that they be kept longer. If the records are normally kept	8141
electronically by the casino operator, the casino operator shall	8142
provide the records to the tax commissioner electronically at the	8143
tax commissioner's request.	8144

Any information required by the tax commissioner under this	8145
section is confidential under section 5703.21 of the Revised Code.	8146

Section 2. That existing sections 101.70, 102.02, 102.03,	8147
109.32, 109.572, 109.71, 109.77, 109.79, 121.60, 1705.48, 2915.01,	8148
2915.02, 2915.061, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	8149
2915.093, 2915.10, 2915.101, 2915.13, 3793.02, 4301.355, 4301.62,	8150
4303.181, 4303.182, 4303.30, 5502.03, 5703.052, 5703.19, 5703.21,	8151
5703.70, 5747.02, and 5747.98 and section 2915.06 of the Revised	8152
Code are hereby repealed.	8153

Section 3. Except as otherwise provided in this act, all	8154
appropriation items in this act are appropriated out of moneys in	8155
the state treasury to the credit of the designated fund that are	8156
not otherwise appropriated. For all appropriations in this act,	8157
the amounts in the first column are for fiscal year 2010 and the	8158
amounts in the second column are for fiscal year 2011.	8159

Section 4. CAC CASINO CONTROL COMMISSION

8160

State Special Revenue	8161

5Hs0	955321		Casino Control - Operating		$	0		$	7,666,000		8162
TOTAL SSR State Special Revenue Fund Group					$	0		$	7,666,000		8163

Section 5. DEV DEPARTMENT OF DEVELOPMENT

8165

General Service Fund Group	8166

5AD0	195668		Workforce Guarantee Program		$	0		$	60,000,000		8167
TOTAL GSF General Services Fund Group					$	0		$	60,000,000		8168

State Special Revenue	8169

XXX	195xxx	Urban Workforce Initiative	$	$	70,000,000	8170
XXX	195xxx	Build Your Own Business Program	$	$	10,000,000	8171
TOTAL SSR State Special Revenue Fund Group			$	$	80,000,000	8172

Should proceeds from license or application fees be available	8173
before June 30, 2010, the Director of Budget and Management may	8174
seek Controlling Board approval to establish such funds and	8175
appropriations as are necessary to carry out the provisions of	8176
this act. The Director of Budget and Management shall transfer	8177
$60,000,000 when it is available in the Economic Development	8178
Programs Fund (Fund XXXX) to the Job Development Initiative Fund	8179
(Fund 5AD0).	8180

The foregoing appropriation item, 195xxx, Build Your Own	8181
Business Program, shall be used by the Director of Development, in	8182
consultation with the Chancellor of the Board of Regents, for the	8183
establishment and administration of the Build Your Own Business	8184
Program. Pursuant to the Build Your Own Business Program, the	8185
Director shall administer a competitive process for making grants	8186
to small business development centers and participants in the	8187
Microenterprise Business Development Program, to provide micro	8188
loans, supportive services, and technical assistance for	8189
businesses that have been newly established by Ohioans who were	8190
unemployed immediately prior to establishing such businesses.	8191

The Director shall issue a request for proposals setting	8192
forth criteria of the program to be offered by the selected small	8193
business development centers and the selected participants in the	8194
Microenterprise Business Development Program. As a prerequisite	8195
for eligibility, individuals must have completed an acceptable	8196
entrepreneurship education program at any state institution of	8197
higher education as defined in section 3345.011 of the Revised	8198
Code or career center.	8199

Section 6. IGO OFFICE OF THE INSPECTOR GENERAL

8200

State Special Revenue	8201

XXX	xxxxxx		Casino Investigations		$	0		$	100,000		8202
TOTAL SSR State Special Revenue Fund Group					$	0		$	100,000		8203

The foregoing appropriation shall be used only for the	8204
performance of casino-related duties.	8205

Section 7. ETH ETHICS COMMISSION

8206

State Special Revenue	8207

XXX	xxxxxx		Casino Investigations		$	0		$	234,000		8208
TOTAL SSR State Special Revenue Fund Group					$	0		$	234,000		8209

The foregoing appropriation shall be used only for the	8210
performance of casino-related duties.	8211

Section 8. BOR BOARD OF REGENTS

8212

State Special Revenue	8213

XXX	235xxx	Co-Op/Internship Program	$	$	60,000,000	8214
TOTAL SSR State Special Revenue Fund Group			$	$	60,000,000	8215
TOTAL All BUDGET FUND GROUPS			$	$	208,000,000	8216

Section 8.20. CO-OP/INTERNSHIP PROGRAM

8218

The foregoing appropriation item, 235xxx, Co-op/Internship	8219
Program, shall be used by the Chancellor of the Board of Regents	8220
to operate the Co-op/Internship Program under sections 3333.71 to	8221
3333.80 of the Revised Code. Funding for eligible institutions	8222
shall be disbursed in accordance with the terms of the agreements	8223
entered into under section 3333.75 of the Revised Code.	8224

Section 9. The first return filed under section 5753.04 of	8225
the Revised Code shall reflect the tax period consisting of or	8226
beginning on the day on which operations of the casino facility	8227
commence.	8228

Section 10. It is the intent of the General Assembly to	8229
recognize the efforts of the Department of Development in	8230
providing resources for small businesses in this state and to	8231
strengthen the resources available to small businesses in this	8232
state by codifying and supplementing these efforts as the online	8233
small business resource center.	8234

Section 11. The General Assembly, applying the principle	8235
stated in division (B) of section 1.52 of the Revised Code that	8236
amendments are to be harmonized if reasonably capable of	8237
simultaneous operation, finds that the following sections,	8238
presented in this act as composites of the sections as amended by	8239
the acts indicated, are the resulting versions of the sections in	8240
effect before the effective date of the sections as presented in	8241
this act:	8242

Section 109.572 of the Revised Code as amended by both Am.	8243
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	8244

Section 109.77 of the Revised Code as amended by both Am.	8245
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	8246

Section 4301.62 of the Revised Code as amended by both Am.	8247
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly.	8248