Sub. H. B. No. 519 As Reported by the House Economic Development Committee

As Reported by the House Economic Development Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 519

Representatives Yuko, Book

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, 122.045, 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, 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,	23
109.572, 109.71, 109.77, 109.79, 121.60, 1705.48, 2915.01,	24
2915.02, 2915.061, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	25
2915.093, 2915.10, 2915.101, 2915.13, 3793.02, 4301.355, 4301.62,	26
4303.181, 4303.182, 4303.30, 5502.03, 5703.052, 5703.19, 5703.21,	27
5703.70, 5747.02, and 5747.98 be amended and sections 121.54,	28
122.045, 2915.083, 2915.14, 3517.1015, 3769.081, 3772.01, 3772.02,	29
3772.03, 3772.031, 3772.032, 3772.033, 3772.034, 3772.04, 3772.05,	30
3772.051, 3772.06, 3772.061, 3772.062, 3772.07, 3772.08, 3772.081,	31
3772.09, 3772.091, 3772.10, 3772.11, 3772.111, 3772.12, 3772.121,	32
3772.13, 3772.131, 3772.14, 3772.15, 3772.16, 3772.17, 3772.18,	33
3772.19, 3772.20, 3772.21, 3772.22, 3772.23, 3772.24, 3772.25,	34
3772.26, 3772.27, 3772.28, 3772.29, 3772.30, 3772.31, 3772.32,	35
3772.99, 3793.032, 5747.063, 5753.01, 5753.02, 5753.03, 5753.04,	36
5753.05, 5753.06, 5753.061, 5753.07, 5753.08, 5753.09, and 5753.10	37
of the Revised Code be enacted to read as follows:	38

Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99	39
of the Revised Code:	40

(A) "Person" means any individual, partnership, trust,	41
estate, business trust, association, or corporation; any labor	42
organization or manufacturer association; any department,	43
commission, board, publicly supported college or university,	44
division, institution, bureau, or other instrumentality of the	45
state; or any county, township, municipal corporation, school	46
district, or other political subdivision of the state. "Person"	47
includes the Ohio casino control commission, a member of the	48
commission, the executive director of the commission, an employee	49
of the commission, and an agent of the commission.	50

(B) "Legislation" means bills, resolutions, amendments,	51
nominations, and any other matter pending before the general	52
assembly, any matter pending before the controlling board, or the	53
executive approval or veto of any bill acted upon by the general	54
assembly.	55

(C) "Compensation" means a salary, gift, payment, benefit,	56
subscription, loan, advance, reimbursement, or deposit of money or	57
anything of value; or a contract, promise, or agreement, whether	58
or not legally enforceable, to make compensation.	59

(D) "Expenditure" means any of the following that is made to,	60
at the request of, for the benefit of, or on behalf of any member	61
of the general assembly, any member of the controlling board, the	62
governor, the director of a department created under section	63
121.02 of the Revised Code, or any member of the staff of any	64
public officer or employee listed in this division:	65

(1) A payment, distribution, loan, advance, deposit,	66
reimbursement, or gift of money, real estate, or anything of	67
value, including, but not limited to, food and beverages,	68
entertainment, lodging, or transportation;	69

(2) A contract, promise, or agreement to make an expenditure,	70
whether or not legally enforceable;	71

(3) The purchase, sale, or gift of services or any other	72
thing of value.	73

"Expenditure" does not include a contribution, gift, or grant to a	74
foundation or other charitable organization that is exempt from	75
federal income taxation under subsection 501(c)(3) of the Internal	76
Revenue Code. "Expenditure" does not include the purchase, sale,	77
or gift of services or any other thing of value that is available	78
to the general public on the same terms as it is available to the	79
persons listed in this division, or an offer or sale of securities	80
to any person listed in this division that is governed by	81
regulation D, 17 C.F.R. ~~2301.501~~ 230.501 to ~~2301.508~~ 230.508,	82
adopted under the authority of the "Securities Act of 1933," 48	83
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	84
comparable provision under state law.	85

(E) "Actively advocate" means to promote, advocate, or oppose	86
the passage, modification, defeat, or executive approval or veto	87
of any legislation by direct communication with any member of the	88
general assembly, any member of the controlling board, the	89
governor, the director of any department listed in section 121.02	90
of the Revised Code, or any member of the staff of any public	91
officer or employee listed in this division. "Actively advocate"	92
does not include the action of any person not engaged by an	93
employer who has a direct interest in legislation if the person,	94
acting under Section 3 of Article I, Ohio Constitution, assembles	95
together with other persons to consult for their common good,	96
instructs a public officer or employee who is listed in this	97
division, or petitions that public officer or employee for the	98
redress of grievances.	99

(F) "Legislative agent" means any individual, except a member	100
of the general assembly, a member of the staff of the general	101
assembly, the governor, lieutenant governor, attorney general,	102
secretary of state, treasurer of state, or auditor of state, who	103
is engaged during at least a portion of ~~his~~the individual's time	104
to actively advocate as one of ~~his~~the individual's main purposes.	105
An individual engaged by the Ohio casino control commission, a	106
member of the commission, the executive director of the	107
commission, or an employee or agent of the commission to actively	108
advocate is a "legislative agent" even if the individual does not	109
during at least a portion of the individual's time actively	110
advocate as one of the individual's main purposes.	111

(G) "Employer" means any person who, directly or indirectly,	112
engages a legislative agent.	113

(H) "Engage" means to make any arrangement, and "engagement"	114
means any arrangement, whereby an individual is employed or	115
retained for compensation to act for or on behalf of an employer	116
to actively advocate.	117

(I) "Financial transaction" means a transaction or activity	118
that is conducted or undertaken for profit and arises from the	119
joint ownership or the ownership or part ownership in common of	120
any real or personal property or any commercial or business	121
enterprise of whatever form or nature between the following:	122

(1) A legislative agent, ~~his~~an employer of a legislative	123
agent, or a member of the immediate family of the legislative	124
agent or ~~his~~a legislative agent's employer; and	125

(2) Any member of the general assembly, any member of the	126
controlling board, the governor, the director of a department	127
created under section 121.02 of the Revised Code, or any member of	128
the staff of a public officer or employee listed in division	129
(I)(2) of this section.	130

"Financial transaction" does not include any transaction or	131
activity described in division (I) of this section if it is	132
available to the general public on the same terms, or if it is an	133
offer or sale of securities to any person listed in division	134
(I)(2) of this section that is governed by regulation D, 17 C.F.R.	135
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	136
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	137
following, or that is governed by a comparable provision under	138
state law.	139

(J) "Staff" means any state employee whose official duties	140
are to formulate policy and who exercises administrative or	141
supervisory authority or who authorizes the expenditure of state	142
funds.	143

Sec. 102.02. (A) Except as otherwise provided in division	144
(H) of this section, all of the following shall file with the	145
appropriate ethics commission the disclosure statement described	146
in this division on a form prescribed by the appropriate	147
commission: every person who is elected to or is a candidate for a	148
state, county, or city office and every person who is appointed to	149
fill a vacancy for an unexpired term in such an elective office;	150
all members of the state board of education; the director,	151
assistant directors, deputy directors, division chiefs, or persons	152
of equivalent rank of any administrative department of the state;	153
the president or other chief administrative officer of every state	154
institution of higher education as defined in section 3345.011 of	155
the Revised Code; the executive director and the members of the	156
capitol square review and advisory board appointed or employed	157
pursuant to section 105.41 of the Revised Code; all members of the	158
Ohio casino control commission, the executive director of the	159
commission, all professional employees of the commission, and all	160
technical employees of the commission who perform an internal	161
audit function; the chief executive officer and the members of the	162
board of each state retirement system; each employee of a state	163
retirement board who is a state retirement system investment	164
officer licensed pursuant to section 1707.163 of the Revised Code;	165
the members of the Ohio retirement study council appointed	166
pursuant to division (C) of section 171.01 of the Revised Code;	167
employees of the Ohio retirement study council, other than	168
employees who perform purely administrative or clerical functions;	169
the administrator of workers' compensation and each member of the	170
bureau of workers' compensation board of directors; the bureau of	171
workers' compensation director of investments; the chief	172
investment officer of the bureau of workers' compensation; the	173
director appointed by the workers' compensation council; all	174
members of the board of commissioners on grievances and discipline	175
of the supreme court and the ethics commission created under	176
section 102.05 of the Revised Code; every business manager,	177
treasurer, or superintendent of a city, local, exempted village,	178
joint vocational, or cooperative education school district or an	179
educational service center; every person who is elected to or is a	180
candidate for the office of member of a board of education of a	181
city, local, exempted village, joint vocational, or cooperative	182
education school district or of a governing board of an	183
educational service center that has a total student count of	184
twelve thousand or more as most recently determined by the	185
department of education pursuant to section 3317.03 of the Revised	186
Code; every person who is appointed to the board of education of a	187
municipal school district pursuant to division (B) or (F) of	188
section 3311.71 of the Revised Code; all members of the board of	189
directors of a sanitary district that is established under Chapter	190
6115. of the Revised Code and organized wholly for the purpose of	191
providing a water supply for domestic, municipal, and public use,	192
and that includes two municipal corporations in two counties;	193
every public official or employee who is paid a salary or wage in	194
accordance with schedule C of section 124.15 or schedule E-2 of	195
section 124.152 of the Revised Code; members of the board of	196
trustees and the executive director of the southern Ohio	197
agricultural and community development foundation; all members	198
appointed to the Ohio livestock care standards board under section	199
904.02 of the Revised Code; and every other public official or	200
employee who is designated by the appropriate ethics commission	201
pursuant to division (B) of this section.	202

The disclosure statement shall include all of the following:

203

(1) The name of the person filing the statement and each	204
member of the person's immediate family and all names under which	205
the person or members of the person's immediate family do	206
business;	207

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	208
and except as otherwise provided in section 102.022 of the Revised	209
Code, identification of every source of income, other than income	210
from a legislative agent identified in division (A)(2)(b) of this	211
section, received during the preceding calendar year, in the	212
person's own name or by any other person for the person's use or	213
benefit, by the person filing the statement, and a brief	214
description of the nature of the services for which the income was	215
received. If the person filing the statement is a member of the	216
general assembly, the statement shall identify the amount of every	217
source of income received in accordance with the following ranges	218
of amounts: zero or more, but less than one thousand dollars; one	219
thousand dollars or more, but less than ten thousand dollars; ten	220
thousand dollars or more, but less than twenty-five thousand	221
dollars; twenty-five thousand dollars or more, but less than fifty	222
thousand dollars; fifty thousand dollars or more, but less than	223
one hundred thousand dollars; and one hundred thousand dollars or	224
more. Division (A)(2)(a) of this section shall not be construed to	225
require a person filing the statement who derives income from a	226
business or profession to disclose the individual items of income	227
that constitute the gross income of that business or profession,	228
except for those individual items of income that are attributable	229
to the person's or, if the income is shared with the person, the	230
partner's, solicitation of services or goods or performance,	231
arrangement, or facilitation of services or provision of goods on	232
behalf of the business or profession of clients, including	233
corporate clients, who are legislative agents. A person who files	234
the statement under this section shall disclose the identity of	235
and the amount of income received from a person who the public	236
official or employee knows or has reason to know is doing or	237
seeking to do business of any kind with the public official's or	238
employee's agency.	239

(b) If the person filing the statement is a member of the	240
general assembly, the statement shall identify every source of	241
income and the amount of that income that was received from a	242
legislative agent during the preceding calendar year, in the	243
person's own name or by any other person for the person's use or	244
benefit, by the person filing the statement, and a brief	245
description of the nature of the services for which the income was	246
received. Division (A)(2)(b) of this section requires the	247
disclosure of clients of attorneys or persons licensed under	248
section 4732.12 of the Revised Code, or patients of persons	249
certified under section 4731.14 of the Revised Code, if those	250
clients or patients are legislative agents. Division (A)(2)(b) of	251
this section requires a person filing the statement who derives	252
income from a business or profession to disclose those individual	253
items of income that constitute the gross income of that business	254
or profession that are received from legislative agents.	255

(c) Except as otherwise provided in division (A)(2)(c) of	256
this section, division (A)(2)(a) of this section applies to	257
attorneys, physicians, and other persons who engage in the	258
practice of a profession and who, pursuant to a section of the	259
Revised Code, the common law of this state, a code of ethics	260
applicable to the profession, or otherwise, generally are required	261
not to reveal, disclose, or use confidences of clients, patients,	262
or other recipients of professional services except under	263
specified circumstances or generally are required to maintain	264
those types of confidences as privileged communications except	265
under specified circumstances. Division (A)(2)(a) of this section	266
does not require an attorney, physician, or other professional	267
subject to a confidentiality requirement as described in division	268
(A)(2)(c) of this section to disclose the name, other identity, or	269
address of a client, patient, or other recipient of professional	270
services if the disclosure would threaten the client, patient, or	271
other recipient of professional services, would reveal details of	272
the subject matter for which legal, medical, or professional	273
advice or other services were sought, or would reveal an otherwise	274
privileged communication involving the client, patient, or other	275
recipient of professional services. Division (A)(2)(a) of this	276
section does not require an attorney, physician, or other	277
professional subject to a confidentiality requirement as described	278
in division (A)(2)(c) of this section to disclose in the brief	279
description of the nature of services required by division	280
(A)(2)(a) of this section any information pertaining to specific	281
professional services rendered for a client, patient, or other	282
recipient of professional services that would reveal details of	283
the subject matter for which legal, medical, or professional	284
advice was sought or would reveal an otherwise privileged	285
communication involving the client, patient, or other recipient of	286
professional services.	287

(3) The name of every corporation on file with the secretary	288
of state that is incorporated in this state or holds a certificate	289
of compliance authorizing it to do business in this state, trust,	290
business trust, partnership, or association that transacts	291
business in this state in which the person filing the statement or	292
any other person for the person's use and benefit had during the	293
preceding calendar year an investment of over one thousand dollars	294
at fair market value as of the thirty-first day of December of the	295
preceding calendar year, or the date of disposition, whichever is	296
earlier, or in which the person holds any office or has a	297
fiduciary relationship, and a description of the nature of the	298
investment, office, or relationship. Division (A)(3) of this	299
section does not require disclosure of the name of any bank,	300
savings and loan association, credit union, or building and loan	301
association with which the person filing the statement has a	302
deposit or a withdrawable share account.	303

(4) All fee simple and leasehold interests to which the	304
person filing the statement holds legal title to or a beneficial	305
interest in real property located within the state, excluding the	306
person's residence and property used primarily for personal	307
recreation;	308

(5) The names of all persons residing or transacting business	309
in the state to whom the person filing the statement owes, in the	310
person's own name or in the name of any other person, more than	311
one thousand dollars. Division (A)(5) of this section shall not be	312
construed to require the disclosure of debts owed by the person	313
resulting from the ordinary conduct of a business or profession or	314
debts on the person's residence or real property used primarily	315
for personal recreation, except that the superintendent of	316
financial institutions shall disclose the names of all	317
state-chartered savings and loan associations and of all service	318
corporations subject to regulation under division (E)(2) of	319
section 1151.34 of the Revised Code to whom the superintendent in	320
the superintendent's own name or in the name of any other person	321
owes any money, and that the superintendent and any deputy	322
superintendent of banks shall disclose the names of all	323
state-chartered banks and all bank subsidiary corporations subject	324
to regulation under section 1109.44 of the Revised Code to whom	325
the superintendent or deputy superintendent owes any money.	326

(6) The names of all persons residing or transacting business	327
in the state, other than a depository excluded under division	328
(A)(3) of this section, who owe more than one thousand dollars to	329
the person filing the statement, either in the person's own name	330
or to any person for the person's use or benefit. Division (A)(6)	331
of this section shall not be construed to require the disclosure	332
of clients of attorneys or persons licensed under section 4732.12	333
or 4732.15 of the Revised Code, or patients of persons certified	334
under section 4731.14 of the Revised Code, nor the disclosure of	335
debts owed to the person resulting from the ordinary conduct of a	336
business or profession.	337

(7) Except as otherwise provided in section 102.022 of the	338
Revised Code, the source of each gift of over seventy-five	339
dollars, or of each gift of over twenty-five dollars received by a	340
member of the general assembly from a legislative agent, received	341
by the person in the person's own name or by any other person for	342
the person's use or benefit during the preceding calendar year,	343
except gifts received by will or by virtue of section 2105.06 of	344
the Revised Code, or received from spouses, parents, grandparents,	345
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	346
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	347
fathers-in-law, mothers-in-law, or any person to whom the person	348
filing the statement stands in loco parentis, or received by way	349
of distribution from any inter vivos or testamentary trust	350
established by a spouse or by an ancestor;	351

(8) Except as otherwise provided in section 102.022 of the	352
Revised Code, identification of the source and amount of every	353
payment of expenses incurred for travel to destinations inside or	354
outside this state that is received by the person in the person's	355
own name or by any other person for the person's use or benefit	356
and that is incurred in connection with the person's official	357
duties, except for expenses for travel to meetings or conventions	358
of a national or state organization to which any state agency,	359
including, but not limited to, any legislative agency or state	360
institution of higher education as defined in section 3345.011 of	361
the Revised Code, pays membership dues, or any political	362
subdivision or any office or agency of a political subdivision	363
pays membership dues;	364

(9) Except as otherwise provided in section 102.022 of the	365
Revised Code, identification of the source of payment of expenses	366
for meals and other food and beverages, other than for meals and	367
other food and beverages provided at a meeting at which the person	368
participated in a panel, seminar, or speaking engagement or at a	369
meeting or convention of a national or state organization to which	370
any state agency, including, but not limited to, any legislative	371
agency or state institution of higher education as defined in	372
section 3345.011 of the Revised Code, pays membership dues, or any	373
political subdivision or any office or agency of a political	374
subdivision pays membership dues, that are incurred in connection	375
with the person's official duties and that exceed one hundred	376
dollars aggregated per calendar year;	377

(10) If the disclosure statement is filed by a public	378
official or employee described in division (B)(2) of section	379
101.73 of the Revised Code or division (B)(2) of section 121.63 of	380
the Revised Code who receives a statement from a legislative	381
agent, executive agency lobbyist, or employer that contains the	382
information described in division (F)(2) of section 101.73 of the	383
Revised Code or division (G)(2) of section 121.63 of the Revised	384
Code, all of the nondisputed information contained in the	385
statement delivered to that public official or employee by the	386
legislative agent, executive agency lobbyist, or employer under	387
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	388
the Revised Code.	389

A person may file a statement required by this section in	390
person or by mail. A person who is a candidate for elective office	391
shall file the statement no later than the thirtieth day before	392
the primary, special, or general election at which the candidacy	393
is to be voted on, whichever election occurs soonest, except that	394
a person who is a write-in candidate shall file the statement no	395
later than the twentieth day before the earliest election at which	396
the person's candidacy is to be voted on. A person who holds	397
elective office shall file the statement on or before the	398
fifteenth day of April of each year unless the person is a	399
candidate for office. A person who is appointed to fill a vacancy	400
for an unexpired term in an elective office shall file the	401
statement within fifteen days after the person qualifies for	402
office. Other persons shall file an annual statement on or before	403
the fifteenth day of April or, if appointed or employed after that	404
date, within ninety days after appointment or employment. No	405
person shall be required to file with the appropriate ethics	406
commission more than one statement or pay more than one filing fee	407
for any one calendar year.	408

The appropriate ethics commission, for good cause, may extend	409
for a reasonable time the deadline for filing a statement under	410
this section.	411

A statement filed under this section is subject to public	412
inspection at locations designated by the appropriate ethics	413
commission except as otherwise provided in this section.	414

(B) The Ohio ethics commission, the joint legislative ethics	415
committee, and the board of commissioners on grievances and	416
discipline of the supreme court, using the rule-making procedures	417
of Chapter 119. of the Revised Code, may require any class of	418
public officials or employees under its jurisdiction and not	419
specifically excluded by this section whose positions involve a	420
substantial and material exercise of administrative discretion in	421
the formulation of public policy, expenditure of public funds,	422
enforcement of laws and rules of the state or a county or city, or	423
the execution of other public trusts, to file an annual statement	424
on or before the fifteenth day of April under division (A) of this	425
section. The appropriate ethics commission shall send the public	426
officials or employees written notice of the requirement by the	427
fifteenth day of February of each year the filing is required	428
unless the public official or employee is appointed after that	429
date, in which case the notice shall be sent within thirty days	430
after appointment, and the filing shall be made not later than	431
ninety days after appointment.	432

Except for disclosure statements filed by members of the	433
board of trustees and the executive director of the southern Ohio	434
agricultural and community development foundation, disclosure	435
statements filed under this division with the Ohio ethics	436
commission by members of boards, commissions, or bureaus of the	437
state for which no compensation is received other than reasonable	438
and necessary expenses shall be kept confidential. Disclosure	439
statements filed with the Ohio ethics commission under division	440
(A) of this section by business managers, treasurers, and	441
superintendents of city, local, exempted village, joint	442
vocational, or cooperative education school districts or	443
educational service centers shall be kept confidential, except	444
that any person conducting an audit of any such school district or	445
educational service center pursuant to section 115.56 or Chapter	446
117. of the Revised Code may examine the disclosure statement of	447
any business manager, treasurer, or superintendent of that school	448
district or educational service center. The Ohio ethics commission	449
shall examine each disclosure statement required to be kept	450
confidential to determine whether a potential conflict of interest	451
exists for the person who filed the disclosure statement. A	452
potential conflict of interest exists if the private interests of	453
the person, as indicated by the person's disclosure statement,	454
might interfere with the public interests the person is required	455
to serve in the exercise of the person's authority and duties in	456
the person's office or position of employment. If the commission	457
determines that a potential conflict of interest exists, it shall	458
notify the person who filed the disclosure statement and shall	459
make the portions of the disclosure statement that indicate a	460
potential conflict of interest subject to public inspection in the	461
same manner as is provided for other disclosure statements. Any	462
portion of the disclosure statement that the commission determines	463
does not indicate a potential conflict of interest shall be kept	464
confidential by the commission and shall not be made subject to	465
public inspection, except as is necessary for the enforcement of	466
Chapters 102. and 2921. of the Revised Code and except as	467
otherwise provided in this division.	468

(C) No person shall knowingly fail to file, on or before the	469
applicable filing deadline established under this section, a	470
statement that is required by this section.	471

(D) No person shall knowingly file a false statement that is	472
required to be filed under this section.	473

(E)(1) Except as provided in divisions (E)(2) and (3) of this	474
section, the statement required by division (A) or (B) of this	475
section shall be accompanied by a filing fee of forty dollars.	476

(2) The statement required by division (A) of this section	477
shall be accompanied by the following filing fee to be paid by the	478
person who is elected or appointed to, or is a candidate for, any	479
of the following offices:	480

For state office, except member of the		481
state board of education	$65	482
For office of member of general assembly	$40	483
For county office	$40	484
For city office	$25	485
For office of member of the state board		486
of education	$25	487
For office of member of the Ohio		488
livestock care standards board	$25	489
For office of member of a city, local,		490
exempted village, or cooperative		491
education board of		492
education or educational service		493
center governing board	$20	494
For position of business manager,		495
treasurer, or superintendent of a		496
city, local, exempted village, joint		497
vocational, or cooperative education		498
school district or		499
educational service center	$20	500

(3) No judge of a court of record or candidate for judge of a	501
court of record, and no referee or magistrate serving a court of	502
record, shall be required to pay the fee required under division	503
(E)(1) or (2) or (F) of this section.	504

(4) For any public official who is appointed to a nonelective	505
office of the state and for any employee who holds a nonelective	506
position in a public agency of the state, the state agency that is	507
the primary employer of the state official or employee shall pay	508
the fee required under division (E)(1) or (F) of this section.	509

(F) If a statement required to be filed under this section is	510
not filed by the date on which it is required to be filed, the	511
appropriate ethics commission shall assess the person required to	512
file the statement a late filing fee of ten dollars for each day	513
the statement is not filed, except that the total amount of the	514
late filing fee shall not exceed two hundred fifty dollars.	515

(G)(1) The appropriate ethics commission other than the Ohio	516
ethics commission and the joint legislative ethics committee shall	517
deposit all fees it receives under divisions (E) and (F) of this	518
section into the general revenue fund of the state.	519

(2) The Ohio ethics commission shall deposit all receipts,	520
including, but not limited to, fees it receives under divisions	521
(E) and (F) of this section and all moneys it receives from	522
settlements under division (G) of section 102.06 of the Revised	523
Code, into the Ohio ethics commission fund, which is hereby	524
created in the state treasury. All moneys credited to the fund	525
shall be used solely for expenses related to the operation and	526
statutory functions of the commission.	527

(3) The joint legislative ethics committee shall deposit all	528
receipts it receives from the payment of financial disclosure	529
statement filing fees under divisions (E) and (F) of this section	530
into the joint legislative ethics committee investigative fund.	531

(H) Division (A) of this section does not apply to a person	532
elected or appointed to the office of precinct, ward, or district	533
committee member under Chapter 3517. of the Revised Code; a	534
presidential elector; a delegate to a national convention; village	535
or township officials and employees; any physician or psychiatrist	536
who is paid a salary or wage in accordance with schedule C of	537
section 124.15 or schedule E-2 of section 124.152 of the Revised	538
Code and whose primary duties do not require the exercise of	539
administrative discretion; or any member of a board, commission,	540
or bureau of any county or city who receives less than one	541
thousand dollars per year for serving in that position.	542

Sec. 102.03. (A)(1) No present or former public official or	543
employee shall, during public employment or service or for twelve	544
months thereafter, represent a client or act in a representative	545
capacity for any person on any matter in which the public official	546
or employee personally participated as a public official or	547
employee through decision, approval, disapproval, recommendation,	548
the rendering of advice, investigation, or other substantial	549
exercise of administrative discretion.	550

(2) For twenty-four months after the conclusion of service,	551
no former commissioner or attorney examiner of the public	552
utilities commission shall represent a public utility, as defined	553
in section 4905.02 of the Revised Code, or act in a representative	554
capacity on behalf of such a utility before any state board,	555
commission, or agency.	556

(3) For twenty-four months after the conclusion of employment	557
or service, no former public official or employee who personally	558
participated as a public official or employee through decision,	559
approval, disapproval, recommendation, the rendering of advice,	560
the development or adoption of solid waste management plans,	561
investigation, inspection, or other substantial exercise of	562
administrative discretion under Chapter 343. or 3734. of the	563
Revised Code shall represent a person who is the owner or operator	564
of a facility, as defined in section 3734.01 of the Revised Code,	565
or who is an applicant for a permit or license for a facility	566
under that chapter, on any matter in which the public official or	567
employee personally participated as a public official or employee.	568

(4) For a period of one year after the conclusion of	569
employment or service as a member or employee of the general	570
assembly, no former member or employee of the general assembly	571
shall represent, or act in a representative capacity for, any	572
person on any matter before the general assembly, any committee of	573
the general assembly, or the controlling board. Division (A)(4) of	574
this section does not apply to or affect a person who separates	575
from service with the general assembly on or before December 31,	576
1995. As used in division (A)(4) of this section "person" does not	577
include any state agency or political subdivision of the state.	578

(5) As used in divisions (A)(1), (2), and (3) of this	579
section, "matter" includes any case, proceeding, application,	580
determination, issue, or question, but does not include the	581
proposal, consideration, or enactment of statutes, rules,	582
ordinances, resolutions, or charter or constitutional amendments.	583
As used in division (A)(4) of this section, "matter" includes the	584
proposal, consideration, or enactment of statutes, resolutions, or	585
constitutional amendments. As used in division (A) of this	586
section, "represent" includes any formal or informal appearance	587
before, or any written or oral communication with, any public	588
agency on behalf of any person.	589

(6) Nothing contained in division (A) of this section shall	590
prohibit, during such period, a former public official or employee	591
from being retained or employed to represent, assist, or act in a	592
representative capacity for the public agency by which the public	593
official or employee was employed or on which the public official	594
or employee served.	595

(7) Division (A) of this section shall not be construed to	596
prohibit the performance of ministerial functions, including, but	597
not limited to, the filing or amendment of tax returns,	598
applications for permits and licenses, incorporation papers, and	599
other similar documents.	600

(8) No present or former Ohio casino control commission	601
official shall, during public service or for twelve months	602
thereafter, represent a client, be employed or compensated by a	603
person regulated by the commission, or act in a representative	604
capacity for any person on any matter before or concerning the	605
commission.	606

No present or former commission employee shall, during public	607
employment or for twelve months thereafter, represent a client or	608
act in a representative capacity on any matter in which the	609
employee personally participated as a commission employee through	610
decision, approval, disapproval, recommendation, the rendering of	611
advice, investigation, or other substantial exercise of	612
administrative discretion.	613

(B) No present or former public official or employee shall	614
disclose or use, without appropriate authorization, any	615
information acquired by the public official or employee in the	616
course of the public official's or employee's official duties that	617
is confidential because of statutory provisions, or that has been	618
clearly designated to the public official or employee as	619
confidential when that confidential designation is warranted	620
because of the status of the proceedings or the circumstances	621
under which the information was received and preserving its	622
confidentiality is necessary to the proper conduct of government	623
business.	624

(C) No public official or employee shall participate within	625
the scope of duties as a public official or employee, except	626
through ministerial functions as defined in division (A) of this	627
section, in any license or rate-making proceeding that directly	628
affects the license or rates of any person, partnership, trust,	629
business trust, corporation, or association in which the public	630
official or employee or immediate family owns or controls more	631
than five per cent. No public official or employee shall	632
participate within the scope of duties as a public official or	633
employee, except through ministerial functions as defined in	634
division (A) of this section, in any license or rate-making	635
proceeding that directly affects the license or rates of any	636
person to whom the public official or employee or immediate	637
family, or a partnership, trust, business trust, corporation, or	638
association of which the public official or employee or the public	639
official's or employee's immediate family owns or controls more	640
than five per cent, has sold goods or services totaling more than	641
one thousand dollars during the preceding year, unless the public	642
official or employee has filed a written statement acknowledging	643
that sale with the clerk or secretary of the public agency and the	644
statement is entered in any public record of the agency's	645
proceedings. This division shall not be construed to require the	646
disclosure of clients of attorneys or persons licensed under	647
section 4732.12 or 4732.15 of the Revised Code, or patients of	648
persons certified under section 4731.14 of the Revised Code.	649

(D) No public official or employee shall use or authorize the	650
use of the authority or influence of office or employment to	651
secure anything of value or the promise or offer of anything of	652
value that is of such a character as to manifest a substantial and	653
improper influence upon the public official or employee with	654
respect to that person's duties.	655

(E) No public official or employee shall solicit or accept	656
anything of value that is of such a character as to manifest a	657
substantial and improper influence upon the public official or	658
employee with respect to that person's duties.	659

(F) No person shall promise or give to a public official or	660
employee anything of value that is of such a character as to	661
manifest a substantial and improper influence upon the public	662
official or employee with respect to that person's duties.	663

(G) In the absence of bribery or another offense under the	664
Revised Code or a purpose to defraud, contributions made to a	665
campaign committee, political party, legislative campaign fund,	666
political action committee, or political contributing entity on	667
behalf of an elected public officer or other public official or	668
employee who seeks elective office shall be considered to accrue	669
ordinarily to the public official or employee for the purposes of	670
divisions (D), (E), and (F) of this section.	671

As used in this division, "contributions," "campaign	672
committee," "political party," "legislative campaign fund,"	673
"political action committee," and "political contributing entity"	674
have the same meanings as in section 3517.01 of the Revised Code.	675

(H)(1) No public official or employee, except for the	676
president or other chief administrative officer of or a member of	677
a board of trustees of a state institution of higher education as	678
defined in section 3345.011 of the Revised Code, who is required	679
to file a financial disclosure statement under section 102.02 of	680
the Revised Code shall solicit or accept, and no person shall give	681
to that public official or employee, an honorarium. Except as	682
provided in division (H)(2) of this section, this division and	683
divisions (D), (E), and (F) of this section do not prohibit a	684
public official or employee who is required to file a financial	685
disclosure statement under section 102.02 of the Revised Code from	686
accepting and do not prohibit a person from giving to that public	687
official or employee the payment of actual travel expenses,	688
including any expenses incurred in connection with the travel for	689
lodging, and meals, food, and beverages provided to the public	690
official or employee at a meeting at which the public official or	691
employee participates in a panel, seminar, or speaking engagement	692
or provided to the public official or employee at a meeting or	693
convention of a national organization to which any state agency,	694
including, but not limited to, any state legislative agency or	695
state institution of higher education as defined in section	696
3345.011 of the Revised Code, pays membership dues. Except as	697
provided in division (H)(2) of this section, this division and	698
divisions (D), (E), and (F) of this section do not prohibit a	699
public official or employee who is not required to file a	700
financial disclosure statement under section 102.02 of the Revised	701
Code from accepting and do not prohibit a person from promising or	702
giving to that public official or employee an honorarium or the	703
payment of travel, meal, and lodging expenses if the honorarium,	704
expenses, or both were paid in recognition of demonstrable	705
business, professional, or esthetic interests of the public	706
official or employee that exist apart from public office or	707
employment, including, but not limited to, such a demonstrable	708
interest in public speaking and were not paid by any person or	709
other entity, or by any representative or association of those	710
persons or entities, that is regulated by, doing business with, or	711
seeking to do business with the department, division, institution,	712
board, commission, authority, bureau, or other instrumentality of	713
the governmental entity with which the public official or employee	714
serves.	715

(2) No person who is a member of the board of a state	716
retirement system, a state retirement system investment officer,	717
or an employee of a state retirement system whose position	718
involves substantial and material exercise of discretion in the	719
investment of retirement system funds shall solicit or accept, and	720
no person shall give to that board member, officer, or employee,	721
payment of actual travel expenses, including expenses incurred	722
with the travel for lodging, meals, food, and beverages.	723

(I) A public official or employee may accept travel, meals,	724
and lodging or expenses or reimbursement of expenses for travel,	725
meals, and lodging in connection with conferences, seminars, and	726
similar events related to official duties if the travel, meals,	727
and lodging, expenses, or reimbursement is not of such a character	728
as to manifest a substantial and improper influence upon the	729
public official or employee with respect to that person's duties.	730
The house of representatives and senate, in their code of ethics,	731
and the Ohio ethics commission, under section 111.15 of the	732
Revised Code, may adopt rules setting standards and conditions for	733
the furnishing and acceptance of such travel, meals, and lodging,	734
expenses, or reimbursement.	735

A person who acts in compliance with this division and any	736
applicable rules adopted under it, or any applicable, similar	737
rules adopted by the supreme court governing judicial officers and	738
employees, does not violate division (D), (E), or (F) of this	739
section. This division does not preclude any person from seeking	740
an advisory opinion from the appropriate ethics commission under	741
section 102.08 of the Revised Code.	742

(J) For purposes of divisions (D), (E), and (F) of this	743
section, the membership of a public official or employee in an	744
organization shall not be considered, in and of itself, to be of	745
such a character as to manifest a substantial and improper	746
influence on the public official or employee with respect to that	747
person's duties. As used in this division, "organization" means a	748
church or a religious, benevolent, fraternal, or professional	749
organization that is tax exempt under subsection 501(a) and	750
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	751
"Internal Revenue Code of 1986." This division does not apply to a	752
public official or employee who is an employee of an organization,	753
serves as a trustee, director, or officer of an organization, or	754
otherwise holds a fiduciary relationship with an organization.	755
This division does not allow a public official or employee who is	756
a member of an organization to participate, formally or	757
informally, in deliberations, discussions, or voting on a matter	758
or to use his official position with regard to the interests of	759
the organization on the matter if the public official or employee	760
has assumed a particular responsibility in the organization with	761
respect to the matter or if the matter would affect that person's	762
personal, pecuniary interests.	763

(K) It is not a violation of this section for a prosecuting	764
attorney to appoint assistants and employees in accordance with	765
division (B) of section 309.06 and section 2921.421 of the Revised	766
Code, for a chief legal officer of a municipal corporation or an	767
official designated as prosecutor in a municipal corporation to	768
appoint assistants and employees in accordance with sections	769
733.621 and 2921.421 of the Revised Code, for a township law	770
director appointed under section 504.15 of the Revised Code to	771
appoint assistants and employees in accordance with sections	772
504.151 and 2921.421 of the Revised Code, or for a coroner to	773
appoint assistants and employees in accordance with division (B)	774
of section 313.05 of the Revised Code.	775

As used in this division, "chief legal officer" has the same	776
meaning as in section 733.621 of the Revised Code.	777

(L) No present public official or employee with a casino	778
gaming regulatory function shall indirectly invest, by way of an	779
entity the public official or employee has an ownership interest	780
or control in, or directly invest in a casino operator, management	781
company, holding company, casino facility, or gaming-related	782
vendor. No present public official or employee with a casino	783
gaming regulatory function shall directly or indirectly have a	784
financial interest in, have an ownership interest in, be the	785
creditor or hold a debt instrument issued by, or have an interest	786
in a contractual or service relationship with a casino operator,	787
management company, holding company, casino facility, or	788
gaming-related vendor. This section does not prohibit or limit	789
permitted passive investing by the public official or employee.	790

As used in this division, "passive investing" means	791
investment by the public official or employee by means of a mutual	792
fund in which the public official or employee has no control of	793
the investments or investment decisions. "Casino operator,"	794
"holding company," "management company," "casino facility," and	795
"gaming-related vendor" have the same meanings as in section	796
3772.01 of the Revised Code.	797

(M) A member of the Ohio casino control commission, the	798
executive director of the commission, or an employee of the	799
commission shall not:	800

(1) Accept anything of value, including but not limited to a	801
gift, gratuity, emolument, or employment from a casino operator,	802
management company, or other person subject to the jurisdiction of	803
the commission, or from an officer, attorney, agent, or employee	804
of a casino operator, management company, or other person subject	805
to the jurisdiction of the commission;	806

(2) Solicit, suggest, request, or recommend, directly or	807
indirectly, to a casino operator, management company, or other	808
person subject to the jurisdiction of the commission, or to an	809
officer, attorney, agent, or employee of a casino operator,	810
management company, or other person subject to the jurisdiction of	811
the commission, the appointment of a person to an office, place,	812
position, or employment;	813

(3) Participate in casino gaming or any other amusement or	814
activity at a casino facility in this state or at an affiliate	815
gaming facility of a licensed casino operator, wherever located.	816

In addition to the penalty provided in section 102.99 of the	817
Revised Code, whoever violates division (M)(1), (2), or (3) of	818
this section forfeits the individual's office or employment.	819

Sec. 109.32. All annual filing fees obtained by the attorney	820
general pursuant to section 109.31 of the Revised Code, all	821
receipts obtained from the sale of the charitable foundations	822
directory, all registration fees received by the attorney general,	823
bond forfeitures, awards of costs and attorney's fees, and civil	824
penalties assessed under Chapter 1716. of the Revised Code, and	825
all license fees received by the attorney general under section	826
2915.08, 2915.081, or 2915.082 of the Revised Code shall be paid	827
into the state treasury to the credit of the charitable law fund.	828
The charitable law fund shall be used insofar as its moneys are	829
available for the expenses of the charitable law section of the	830
office of the attorney general, except that all annual license	831
fees that are received by the attorney general under section	832
2915.08, 2915.081, or 2915.082 of the Revised Code and that are	833
credited to the fund shall be used by the attorney general, or any	834
law enforcement agency in cooperation with the attorney general,	835
for the purposes specified in division ~~(H)~~(I) of section 2915.10	836
of the Revised Code and to administer and enforce Chapter 2915. of	837
the Revised Code. The expenses of the charitable law section in	838
excess of moneys available in the charitable law fund shall be	839
paid out of regular appropriations to the office of the attorney	840
general.	841

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	842
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	843
a completed form prescribed pursuant to division (C)(1) of this	844
section, and a set of fingerprint impressions obtained in the	845
manner described in division (C)(2) of this section, the	846
superintendent of the bureau of criminal identification and	847
investigation shall conduct a criminal records check in the manner	848
described in division (B) of this section to determine whether any	849
information exists that indicates that the person who is the	850
subject of the request previously has been convicted of or pleaded	851
guilty to any of the following:	852

(a) A violation of section 2903.01, 2903.02, 2903.03,	853
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	854
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	855
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	856
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	857
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	858
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	859
2925.06, or 3716.11 of the Revised Code, felonious sexual	860
penetration in violation of former section 2907.12 of the Revised	861
Code, a violation of section 2905.04 of the Revised Code as it	862
existed prior to July 1, 1996, a violation of section 2919.23 of	863
the Revised Code that would have been a violation of section	864
2905.04 of the Revised Code as it existed prior to July 1, 1996,	865
had the violation been committed prior to that date, or a	866
violation of section 2925.11 of the Revised Code that is not a	867
minor drug possession offense;	868

(b) A violation of an existing or former law of this state,	869
any other state, or the United States that is substantially	870
equivalent to any of the offenses listed in division (A)(1)(a) of	871
this section.	872

(2) On receipt of a request pursuant to section 5123.081 of	873
the Revised Code with respect to an applicant for employment in	874
any position with the department of developmental disabilities,	875
pursuant to section 5126.28 of the Revised Code with respect to an	876
applicant for employment in any position with a county board of	877
developmental disabilities, or pursuant to section 5126.281 of the	878
Revised Code with respect to an applicant for employment in a	879
direct services position with an entity contracting with a county	880
board for employment, a completed form prescribed pursuant to	881
division (C)(1) of this section, and a set of fingerprint	882
impressions obtained in the manner described in division (C)(2) of	883
this section, the superintendent of the bureau of criminal	884
identification and investigation shall conduct a criminal records	885
check. The superintendent shall conduct the criminal records check	886
in the manner described in division (B) of this section to	887
determine whether any information exists that indicates that the	888
person who is the subject of the request has been convicted of or	889
pleaded guilty to any of the following:	890

(a) A violation of section 2903.01, 2903.02, 2903.03,	891
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	892
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	893
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	894
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	895
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	896
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	897
2925.03, or 3716.11 of the Revised Code;	898

(b) An existing or former municipal ordinance or law of this	899
state, any other state, or the United States that is substantially	900
equivalent to any of the offenses listed in division (A)(2)(a) of	901
this section.	902

(3) On receipt of a request pursuant to section 173.27,	903
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	904
completed form prescribed pursuant to division (C)(1) of this	905
section, and a set of fingerprint impressions obtained in the	906
manner described in division (C)(2) of this section, the	907
superintendent of the bureau of criminal identification and	908
investigation shall conduct a criminal records check with respect	909
to any person who has applied for employment in a position for	910
which a criminal records check is required by those sections. The	911
superintendent shall conduct the criminal records check in the	912
manner described in division (B) of this section to determine	913
whether any information exists that indicates that the person who	914
is the subject of the request previously has been convicted of or	915
pleaded guilty to any of the following:	916

(a) A violation of section 2903.01, 2903.02, 2903.03,	917
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	918
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	919
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	920
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	921
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	922
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	923
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	924
2925.22, 2925.23, or 3716.11 of the Revised Code;	925

(b) An existing or former law of this state, any other state,	926
or the United States that is substantially equivalent to any of	927
the offenses listed in division (A)(3)(a) of this section.	928

(4) On receipt of a request pursuant to section 3701.881 of	929
the Revised Code with respect to an applicant for employment with	930
a home health agency as a person responsible for the care,	931
custody, or control of a child, a completed form prescribed	932
pursuant to division (C)(1) of this section, and a set of	933
fingerprint impressions obtained in the manner described in	934
division (C)(2) of this section, the superintendent of the bureau	935
of criminal identification and investigation shall conduct a	936
criminal records check. The superintendent shall conduct the	937
criminal records check in the manner described in division (B) of	938
this section to determine whether any information exists that	939
indicates that the person who is the subject of the request	940
previously has been convicted of or pleaded guilty to any of the	941
following:	942

(a) A violation of section 2903.01, 2903.02, 2903.03,	943
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	944
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	945
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	946
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	947
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	948
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	949
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	950
violation of section 2925.11 of the Revised Code that is not a	951
minor drug possession offense;	952

(b) An existing or former law of this state, any other state,	953
or the United States that is substantially equivalent to any of	954
the offenses listed in division (A)(4)(a) of this section.	955

(5) On receipt of a request pursuant to section 5111.032,	956
5111.033, or 5111.034 of the Revised Code, a completed form	957
prescribed pursuant to division (C)(1) of this section, and a set	958
of fingerprint impressions obtained in the manner described in	959
division (C)(2) of this section, the superintendent of the bureau	960
of criminal identification and investigation shall conduct a	961
criminal records check. The superintendent shall conduct the	962
criminal records check in the manner described in division (B) of	963
this section to determine whether any information exists that	964
indicates that the person who is the subject of the request	965
previously has been convicted of, has pleaded guilty to, or has	966
been found eligible for intervention in lieu of conviction for any	967
of the following, regardless of the date of the conviction, the	968
date of entry of the guilty plea, or the date the person was found	969
eligible for intervention in lieu of conviction:	970

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	971
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	972
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	973
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	974
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	975
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	976
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	977
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	978
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	979
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	980
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	981
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	982
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	983
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	984
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	985
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	986
penetration in violation of former section 2907.12 of the Revised	987
Code, a violation of section 2905.04 of the Revised Code as it	988
existed prior to July 1, 1996, a violation of section 2919.23 of	989
the Revised Code that would have been a violation of section	990
2905.04 of the Revised Code as it existed prior to July 1, 1996,	991
had the violation been committed prior to that date;	992

(b) A violation of an existing or former municipal ordinance	993
or law of this state, any other state, or the United States that	994
is substantially equivalent to any of the offenses listed in	995
division (A)(5)(a) of this section.	996

(6) On receipt of a request pursuant to section 3701.881 of	997
the Revised Code with respect to an applicant for employment with	998
a home health agency in a position that involves providing direct	999
care to an older adult, a completed form prescribed pursuant to	1000
division (C)(1) of this section, and a set of fingerprint	1001
impressions obtained in the manner described in division (C)(2) of	1002
this section, the superintendent of the bureau of criminal	1003
identification and investigation shall conduct a criminal records	1004
check. The superintendent shall conduct the criminal records check	1005
in the manner described in division (B) of this section to	1006
determine whether any information exists that indicates that the	1007
person who is the subject of the request previously has been	1008
convicted of or pleaded guilty to any of the following:	1009

(a) A violation of section 2903.01, 2903.02, 2903.03,	1010
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1011
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1012
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1013
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1014
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1015
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1016
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1017
2925.22, 2925.23, or 3716.11 of the Revised Code;	1018

(b) An existing or former law of this state, any other state,	1019
or the United States that is substantially equivalent to any of	1020
the offenses listed in division (A)(6)(a) of this section.	1021

(7) When conducting a criminal records check upon a request	1022
pursuant to section 3319.39 of the Revised Code for an applicant	1023
who is a teacher, in addition to the determination made under	1024
division (A)(1) of this section, the superintendent shall	1025
determine whether any information exists that indicates that the	1026
person who is the subject of the request previously has been	1027
convicted of or pleaded guilty to any offense specified in section	1028
3319.31 of the Revised Code.	1029

(8) On receipt of a request pursuant to section 2151.86 of	1030
the Revised Code, a completed form prescribed pursuant to division	1031
(C)(1) of this section, and a set of fingerprint impressions	1032
obtained in the manner described in division (C)(2) of this	1033
section, the superintendent of the bureau of criminal	1034
identification and investigation shall conduct a criminal records	1035
check in the manner described in division (B) of this section to	1036
determine whether any information exists that indicates that the	1037
person who is the subject of the request previously has been	1038
convicted of or pleaded guilty to any of the following:	1039

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	1040
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	1041
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	1042
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1043
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1044
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	1045
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	1046
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	1047
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	1048
of the Revised Code, a violation of section 2905.04 of the Revised	1049
Code as it existed prior to July 1, 1996, a violation of section	1050
2919.23 of the Revised Code that would have been a violation of	1051
section 2905.04 of the Revised Code as it existed prior to July 1,	1052
1996, had the violation been committed prior to that date, a	1053
violation of section 2925.11 of the Revised Code that is not a	1054
minor drug possession offense, two or more OVI or OVUAC violations	1055
committed within the three years immediately preceding the	1056
submission of the application or petition that is the basis of the	1057
request, or felonious sexual penetration in violation of former	1058
section 2907.12 of the Revised Code;	1059

(b) A violation of an existing or former law of this state,	1060
any other state, or the United States that is substantially	1061
equivalent to any of the offenses listed in division (A)(8)(a) of	1062
this section.	1063

(9) Upon receipt of a request pursuant to section 5104.012 or	1064
5104.013 of the Revised Code, a completed form prescribed pursuant	1065
to division (C)(1) of this section, and a set of fingerprint	1066
impressions obtained in the manner described in division (C)(2) of	1067
this section, the superintendent of the bureau of criminal	1068
identification and investigation shall conduct a criminal records	1069
check in the manner described in division (B) of this section to	1070
determine whether any information exists that indicates that the	1071
person who is the subject of the request has been convicted of or	1072
pleaded guilty to any of the following:	1073

(a) A violation of section 2903.01, 2903.02, 2903.03,	1074
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	1075
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	1076
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	1077
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1078
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	1079
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1080
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	1081
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	1082
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	1083
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	1084
3716.11 of the Revised Code, felonious sexual penetration in	1085
violation of former section 2907.12 of the Revised Code, a	1086
violation of section 2905.04 of the Revised Code as it existed	1087
prior to July 1, 1996, a violation of section 2919.23 of the	1088
Revised Code that would have been a violation of section 2905.04	1089
of the Revised Code as it existed prior to July 1, 1996, had the	1090
violation been committed prior to that date, a violation of	1091
section 2925.11 of the Revised Code that is not a minor drug	1092
possession offense, a violation of section 2923.02 or 2923.03 of	1093
the Revised Code that relates to a crime specified in this	1094
division, or a second violation of section 4511.19 of the Revised	1095
Code within five years of the date of application for licensure or	1096
certification.	1097

(b) A violation of an existing or former law of this state,	1098
any other state, or the United States that is substantially	1099
equivalent to any of the offenses or violations described in	1100
division (A)(9)(a) of this section.	1101

(10) Upon receipt of a request pursuant to section 5153.111	1102
of the Revised Code, a completed form prescribed pursuant to	1103
division (C)(1) of this section, and a set of fingerprint	1104
impressions obtained in the manner described in division (C)(2) of	1105
this section, the superintendent of the bureau of criminal	1106
identification and investigation shall conduct a criminal records	1107
check in the manner described in division (B) of this section to	1108
determine whether any information exists that indicates that the	1109
person who is the subject of the request previously has been	1110
convicted of or pleaded guilty to any of the following:	1111

(a) A violation of section 2903.01, 2903.02, 2903.03,	1112
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1113
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1114
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1115
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	1116
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1117
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1118
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	1119
felonious sexual penetration in violation of former section	1120
2907.12 of the Revised Code, a violation of section 2905.04 of the	1121
Revised Code as it existed prior to July 1, 1996, a violation of	1122
section 2919.23 of the Revised Code that would have been a	1123
violation of section 2905.04 of the Revised Code as it existed	1124
prior to July 1, 1996, had the violation been committed prior to	1125
that date, or a violation of section 2925.11 of the Revised Code	1126
that is not a minor drug possession offense;	1127

(b) A violation of an existing or former law of this state,	1128
any other state, or the United States that is substantially	1129
equivalent to any of the offenses listed in division (A)(10)(a) of	1130
this section.	1131

(11) On receipt of a request for a criminal records check	1132
from an individual pursuant to section 4749.03 or 4749.06 of the	1133
Revised Code, accompanied by a completed copy of the form	1134
prescribed in division (C)(1) of this section and a set of	1135
fingerprint impressions obtained in a manner described in division	1136
(C)(2) of this section, the superintendent of the bureau of	1137
criminal identification and investigation shall conduct a criminal	1138
records check in the manner described in division (B) of this	1139
section to determine whether any information exists indicating	1140
that the person who is the subject of the request has been	1141
convicted of or pleaded guilty to a felony in this state or in any	1142
other state. If the individual indicates that a firearm will be	1143
carried in the course of business, the superintendent shall	1144
require information from the federal bureau of investigation as	1145
described in division (B)(2) of this section. The superintendent	1146
shall report the findings of the criminal records check and any	1147
information the federal bureau of investigation provides to the	1148
director of public safety.	1149

(12) On receipt of a request pursuant to section 1321.37,	1150
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	1151
Code, a completed form prescribed pursuant to division (C)(1) of	1152
this section, and a set of fingerprint impressions obtained in the	1153
manner described in division (C)(2) of this section, the	1154
superintendent of the bureau of criminal identification and	1155
investigation shall conduct a criminal records check with respect	1156
to any person who has applied for a license, permit, or	1157
certification from the department of commerce or a division in the	1158
department. The superintendent shall conduct the criminal records	1159
check in the manner described in division (B) of this section to	1160
determine whether any information exists that indicates that the	1161
person who is the subject of the request previously has been	1162
convicted of or pleaded guilty to any of the following: a	1163
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	1164
2925.03 of the Revised Code; any other criminal offense involving	1165
theft, receiving stolen property, embezzlement, forgery, fraud,	1166
passing bad checks, money laundering, or drug trafficking, or any	1167
criminal offense involving money or securities, as set forth in	1168
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	1169
the Revised Code; or any existing or former law of this state, any	1170
other state, or the United States that is substantially equivalent	1171
to those offenses.	1172

(13) On receipt of a request for a criminal records check	1173
from the treasurer of state under section 113.041 of the Revised	1174
Code or from an individual under section 4701.08, 4715.101,	1175
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1176
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1177
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1178
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	1179
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	1180
a completed form prescribed under division (C)(1) of this section	1181
and a set of fingerprint impressions obtained in the manner	1182
described in division (C)(2) of this section, the superintendent	1183
of the bureau of criminal identification and investigation shall	1184
conduct a criminal records check in the manner described in	1185
division (B) of this section to determine whether any information	1186
exists that indicates that the person who is the subject of the	1187
request has been convicted of or pleaded guilty to any criminal	1188
offense in this state or any other state. The superintendent shall	1189
send the results of a check requested under section 113.041 of the	1190
Revised Code to the treasurer of state and shall send the results	1191
of a check requested under any of the other listed sections to the	1192
licensing board specified by the individual in the request.	1193

(14) On receipt of a request pursuant to section 1121.23,	1194
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	1195
Code, a completed form prescribed pursuant to division (C)(1) of	1196
this section, and a set of fingerprint impressions obtained in the	1197
manner described in division (C)(2) of this section, the	1198
superintendent of the bureau of criminal identification and	1199
investigation shall conduct a criminal records check in the manner	1200
described in division (B) of this section to determine whether any	1201
information exists that indicates that the person who is the	1202
subject of the request previously has been convicted of or pleaded	1203
guilty to any criminal offense under any existing or former law of	1204
this state, any other state, or the United States.	1205

(15) On receipt of a request for a criminal records check	1206
from an appointing or licensing authority under section 3772.07 of	1207
the Revised Code, a completed form prescribed under division	1208
(C)(1) of this section, and a set of fingerprint impressions	1209
obtained in the manner prescribed in division (C)(2) of this	1210
section, the superintendent of the bureau of criminal	1211
identification and investigation shall conduct a criminal records	1212
check in the manner described in division (B) of this section to	1213
determine whether any information exists that indicates that the	1214
person who is the subject of the request previously has been	1215
convicted of or pleaded guilty or no contest to any offense under	1216
any existing or former law of this state, any other state, or the	1217
United States that is a disqualifying offense as defined in	1218
section 3772.07 of the Revised Code or substantially equivalent to	1219
such an offense.	1220

(16) Not later than thirty days after the date the	1221
superintendent receives a request of a type described in division	1222
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	1223
or (14), or (15) of this section, the completed form, and the	1224
fingerprint impressions, the superintendent shall send the person,	1225
board, or entity that made the request any information, other than	1226
information the dissemination of which is prohibited by federal	1227
law, the superintendent determines exists with respect to the	1228
person who is the subject of the request that indicates that the	1229
person previously has been convicted of or pleaded guilty to any	1230
offense listed or described in division (A)(1), (2), (3), (4),	1231
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of	1232
this section, as appropriate. The superintendent shall send the	1233
person, board, or entity that made the request a copy of the list	1234
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	1235
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,	1236
as appropriate. If the request was made under section 3701.881 of	1237
the Revised Code with regard to an applicant who may be both	1238
responsible for the care, custody, or control of a child and	1239
involved in providing direct care to an older adult, the	1240
superintendent shall provide a list of the offenses specified in	1241
divisions (A)(4) and (6) of this section.	1242

Not later than thirty days after the superintendent receives	1243
a request for a criminal records check pursuant to section 113.041	1244
of the Revised Code, the completed form, and the fingerprint	1245
impressions, the superintendent shall send the treasurer of state	1246
any information, other than information the dissemination of which	1247
is prohibited by federal law, the superintendent determines exist	1248
with respect to the person who is the subject of the request that	1249
indicates that the person previously has been convicted of or	1250
pleaded guilty to any criminal offense in this state or any other	1251
state.	1252

(B) The superintendent shall conduct any criminal records	1253
check requested under section 113.041, 121.08, 173.27, 173.394,	1254
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	1255
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	1256
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,	1257
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	1258
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1259
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1260
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1261
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1262
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1263
5126.281, or 5153.111 of the Revised Code as follows:	1264

(1) The superintendent shall review or cause to be reviewed	1265
any relevant information gathered and compiled by the bureau under	1266
division (A) of section 109.57 of the Revised Code that relates to	1267
the person who is the subject of the request, including, if the	1268
criminal records check was requested under section 113.041,	1269
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	1270
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1271
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1272
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1273
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1274
5153.111 of the Revised Code, any relevant information contained	1275
in records that have been sealed under section 2953.32 of the	1276
Revised Code;	1277

(2) If the request received by the superintendent asks for	1278
information from the federal bureau of investigation, the	1279
superintendent shall request from the federal bureau of	1280
investigation any information it has with respect to the person	1281
who is the subject of the request, including fingerprint-based	1282
checks of national crime information databases as described in 42	1283
U.S.C. 671 if the request is made pursuant to section 2151.86,	1284
5104.012, or 5104.013 of the Revised Code or if any other Revised	1285
Code section requires fingerprint-based checks of that nature, and	1286
shall review or cause to be reviewed any information the	1287
superintendent receives from that bureau. If a request under	1288
section 3319.39 of the Revised Code asks only for information from	1289
the federal bureau of investigation, the superintendent shall not	1290
conduct the review prescribed by division (B)(1) of this section.	1291

(3) The superintendent or the superintendent's designee may	1292
request criminal history records from other states or the federal	1293
government pursuant to the national crime prevention and privacy	1294
compact set forth in section 109.571 of the Revised Code.	1295

(C)(1) The superintendent shall prescribe a form to obtain	1296
the information necessary to conduct a criminal records check from	1297
any person for whom a criminal records check is requested under	1298
section 113.041 of the Revised Code or required by section 121.08,	1299
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	1300
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	1301
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,	1302
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	1303
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	1304
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	1305
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	1306
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1307
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1308
5126.281, or 5153.111 of the Revised Code. The form that the	1309
superintendent prescribes pursuant to this division may be in a	1310
tangible format, in an electronic format, or in both tangible and	1311
electronic formats.	1312

(2) The superintendent shall prescribe standard impression	1313
sheets to obtain the fingerprint impressions of any person for	1314
whom a criminal records check is requested under section 113.041	1315
of the Revised Code or required by section 121.08, 173.27,	1316
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	1317
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	1318
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,	1319
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	1320
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	1321
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	1322
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	1323
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	1324
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1325
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1326
records check is requested under or required by any of those	1327
sections shall obtain the fingerprint impressions at a county	1328
sheriff's office, municipal police department, or any other entity	1329
with the ability to make fingerprint impressions on the standard	1330
impression sheets prescribed by the superintendent. The office,	1331
department, or entity may charge the person a reasonable fee for	1332
making the impressions. The standard impression sheets the	1333
superintendent prescribes pursuant to this division may be in a	1334
tangible format, in an electronic format, or in both tangible and	1335
electronic formats.	1336

(3) Subject to division (D) of this section, the	1337
superintendent shall prescribe and charge a reasonable fee for	1338
providing a criminal records check requested under section	1339
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	1340
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	1341
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1342
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	1343
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	1344
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	1345
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	1346
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	1347
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	1348
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1349
person making a criminal records request under any of those	1350
sections shall pay the fee prescribed pursuant to this division. A	1351
person making a request under section 3701.881 of the Revised Code	1352
for a criminal records check for an applicant who may be both	1353
responsible for the care, custody, or control of a child and	1354
involved in providing direct care to an older adult shall pay one	1355
fee for the request. In the case of a request under section	1356
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	1357
of the Revised Code, the fee shall be paid in the manner specified	1358
in that section.	1359

(4) The superintendent of the bureau of criminal	1360
identification and investigation may prescribe methods of	1361
forwarding fingerprint impressions and information necessary to	1362
conduct a criminal records check, which methods shall include, but	1363
not be limited to, an electronic method.	1364

(D) A determination whether any information exists that	1365
indicates that a person previously has been convicted of or	1366
pleaded guilty to any offense listed or described in division	1367
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1368
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1369
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or	1370
(A)(15) of this section, or that indicates that a person	1371
previously has been convicted of or pleaded guilty to any criminal	1372
offense in this state or any other state regarding a criminal	1373
records check of a type described in division (A)(13) of this	1374
section, and that is made by the superintendent with respect to	1375
information considered in a criminal records check in accordance	1376
with this section is valid for the person who is the subject of	1377
the criminal records check for a period of one year from the date	1378
upon which the superintendent makes the determination. During the	1379
period in which the determination in regard to a person is valid,	1380
if another request under this section is made for a criminal	1381
records check for that person, the superintendent shall provide	1382
the information that is the basis for the superintendent's initial	1383
determination at a lower fee than the fee prescribed for the	1384
initial criminal records check.	1385

(E) As used in this section:

1386

(1) "Criminal records check" means any criminal records check	1387
conducted by the superintendent of the bureau of criminal	1388
identification and investigation in accordance with division (B)	1389
of this section.	1390

(2) "Minor drug possession offense" has the same meaning as	1391
in section 2925.01 of the Revised Code.	1392

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

1393

(4) "OVI or OVUAC violation" means a violation of section	1394
4511.19 of the Revised Code or a violation of an existing or	1395
former law of this state, any other state, or the United States	1396
that is substantially equivalent to section 4511.19 of the Revised	1397
Code.	1398

Sec. 109.71. There is hereby created in the office of the	1399
attorney general the Ohio peace officer training commission. The	1400
commission shall consist of nine members appointed by the governor	1401
with the advice and consent of the senate and selected as follows:	1402
one member representing the public; two members who are incumbent	1403
sheriffs; two members who are incumbent chiefs of police; one	1404
member from the bureau of criminal identification and	1405
investigation; one member from the state highway patrol; one	1406
member who is the special agent in charge of a field office of the	1407
federal bureau of investigation in this state; and one member from	1408
the department of education, trade and industrial education	1409
services, law enforcement training.	1410

This section does not confer any arrest authority or any	1411
ability or authority to detain a person, write or issue any	1412
citation, or provide any disposition alternative, as granted under	1413
Chapter 2935. of the Revised Code.	1414

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

1415

(A) "Peace officer" means:

1416

(1) A deputy sheriff, marshal, deputy marshal, member of the	1417
organized police department of a township or municipal	1418
corporation, member of a township police district or joint	1419
township police district police force, member of a police force	1420
employed by a metropolitan housing authority under division (D) of	1421
section 3735.31 of the Revised Code, or township constable, who is	1422
commissioned and employed as a peace officer by a political	1423
subdivision of this state or by a metropolitan housing authority,	1424
and whose primary duties are to preserve the peace, to protect	1425
life and property, and to enforce the laws of this state,	1426
ordinances of a municipal corporation, resolutions of a township,	1427
or regulations of a board of county commissioners or board of	1428
township trustees, or any of those laws, ordinances, resolutions,	1429
or regulations;	1430

(2) A police officer who is employed by a railroad company	1431
and appointed and commissioned by the secretary of state pursuant	1432
to sections 4973.17 to 4973.22 of the Revised Code;	1433

(3) Employees of the department of taxation engaged in the	1434
enforcement of Chapter 5743. of the Revised Code and designated by	1435
the tax commissioner for peace officer training for purposes of	1436
the delegation of investigation powers under section 5743.45 of	1437
the Revised Code;	1438

(4) An undercover drug agent;

1439

(5) Enforcement agents of the department of public safety	1440
whom the director of public safety designates under section	1441
5502.14 of the Revised Code;	1442

(6) An employee of the department of natural resources who is	1443
a natural resources law enforcement staff officer designated	1444
pursuant to section 1501.013, a park officer designated pursuant	1445
to section 1541.10, a forest officer designated pursuant to	1446
section 1503.29, a preserve officer designated pursuant to section	1447
1517.10, a wildlife officer designated pursuant to section	1448
1531.13, or a state watercraft officer designated pursuant to	1449
section 1547.521 of the Revised Code;	1450

(7) An employee of a park district who is designated pursuant	1451
to section 511.232 or 1545.13 of the Revised Code;	1452

(8) An employee of a conservancy district who is designated	1453
pursuant to section 6101.75 of the Revised Code;	1454

(9) A police officer who is employed by a hospital that	1455
employs and maintains its own proprietary police department or	1456
security department, and who is appointed and commissioned by the	1457
secretary of state pursuant to sections 4973.17 to 4973.22 of the	1458
Revised Code;	1459

(10) Veterans' homes police officers designated under section	1460
5907.02 of the Revised Code;	1461

(11) A police officer who is employed by a qualified	1462
nonprofit corporation police department pursuant to section	1463
1702.80 of the Revised Code;	1464

(12) A state university law enforcement officer appointed	1465
under section 3345.04 of the Revised Code or a person serving as a	1466
state university law enforcement officer on a permanent basis on	1467
June 19, 1978, who has been awarded a certificate by the executive	1468
director of the Ohio peace officer training commission attesting	1469
to the person's satisfactory completion of an approved state,	1470
county, municipal, or department of natural resources peace	1471
officer basic training program;	1472

(13) A special police officer employed by the department of	1473
mental health pursuant to section 5119.14 of the Revised Code or	1474
the department of developmental disabilities pursuant to section	1475
5123.13 of the Revised Code;	1476

(14) A member of a campus police department appointed under	1477
section 1713.50 of the Revised Code;	1478

(15) A member of a police force employed by a regional	1479
transit authority under division (Y) of section 306.35 of the	1480
Revised Code;	1481

(16) Investigators appointed by the auditor of state pursuant	1482
to section 117.091 of the Revised Code and engaged in the	1483
enforcement of Chapter 117. of the Revised Code;	1484

(17) A special police officer designated by the	1485
superintendent of the state highway patrol pursuant to section	1486
5503.09 of the Revised Code or a person who was serving as a	1487
special police officer pursuant to that section on a permanent	1488
basis on October 21, 1997, and who has been awarded a certificate	1489
by the executive director of the Ohio peace officer training	1490
commission attesting to the person's satisfactory completion of an	1491
approved state, county, municipal, or department of natural	1492
resources peace officer basic training program;	1493

(18) A special police officer employed by a port authority	1494
under section 4582.04 or 4582.28 of the Revised Code or a person	1495
serving as a special police officer employed by a port authority	1496
on a permanent basis on May 17, 2000, who has been awarded a	1497
certificate by the executive director of the Ohio peace officer	1498
training commission attesting to the person's satisfactory	1499
completion of an approved state, county, municipal, or department	1500
of natural resources peace officer basic training program;	1501

(19) A special police officer employed by a municipal	1502
corporation who has been awarded a certificate by the executive	1503
director of the Ohio peace officer training commission for	1504
satisfactory completion of an approved peace officer basic	1505
training program and who is employed on a permanent basis on or	1506
after March 19, 2003, at a municipal airport, or other municipal	1507
air navigation facility, that has scheduled operations, as defined	1508
in section 119.3 of Title 14 of the Code of Federal Regulations,	1509
14 C.F.R. 119.3, as amended, and that is required to be under a	1510
security program and is governed by aviation security rules of the	1511
transportation security administration of the United States	1512
department of transportation as provided in Parts 1542. and 1544.	1513
of Title 49 of the Code of Federal Regulations, as amended;	1514

(20) A police officer who is employed by an owner or operator	1515
of an amusement park that has an average yearly attendance in	1516
excess of six hundred thousand guests and that employs and	1517
maintains its own proprietary police department or security	1518
department, and who is appointed and commissioned by a judge of	1519
the appropriate municipal court or county court pursuant to	1520
section 4973.17 of the Revised Code;	1521

(21) A police officer who is employed by a bank, savings and	1522
loan association, savings bank, credit union, or association of	1523
banks, savings and loan associations, savings banks, or credit	1524
unions, who has been appointed and commissioned by the secretary	1525
of state pursuant to sections 4973.17 to 4973.22 of the Revised	1526
Code, and who has been awarded a certificate by the executive	1527
director of the Ohio peace officer training commission attesting	1528
to the person's satisfactory completion of a state, county,	1529
municipal, or department of natural resources peace officer basic	1530
training program;	1531

(22) An investigator, as defined in section 109.541 of the	1532
Revised Code, of the bureau of criminal identification and	1533
investigation who is commissioned by the superintendent of the	1534
bureau as a special agent for the purpose of assisting law	1535
enforcement officers or providing emergency assistance to peace	1536
officers pursuant to authority granted under that section;	1537

(23) A state fire marshal law enforcement officer appointed	1538
under section 3737.22 of the Revised Code or a person serving as a	1539
state fire marshal law enforcement officer on a permanent basis on	1540
or after July 1, 1982, who has been awarded a certificate by the	1541
executive director of the Ohio peace officer training commission	1542
attesting to the person's satisfactory completion of an approved	1543
state, county, municipal, or department of natural resources peace	1544
officer basic training program;	1545

(24) A gaming agent employed under section 3772.03 of the	1546
Revised Code.	1547

(B) "Undercover drug agent" has the same meaning as in	1548
division (B)(2) of section 109.79 of the Revised Code.	1549

(C) "Crisis intervention training" means training in the use	1550
of interpersonal and communication skills to most effectively and	1551
sensitively interview victims of rape.	1552

(D) "Missing children" has the same meaning as in section	1553
2901.30 of the Revised Code.	1554

Sec. 109.77. (A) As used in this section, "felony" has the	1555
same meaning as in section 109.511 of the Revised Code.	1556

(B)(1) Notwithstanding any general, special, or local law or	1557
charter to the contrary, and except as otherwise provided in this	1558
section, no person shall receive an original appointment on a	1559
permanent basis as any of the following unless the person	1560
previously has been awarded a certificate by the executive	1561
director of the Ohio peace officer training commission attesting	1562
to the person's satisfactory completion of an approved state,	1563
county, municipal, or department of natural resources peace	1564
officer basic training program:	1565

(a) A peace officer of any county, township, municipal	1566
corporation, regional transit authority, or metropolitan housing	1567
authority;	1568

(b) A natural resources law enforcement staff officer, park	1569
officer, forest officer, preserve officer, wildlife officer, or	1570
state watercraft officer of the department of natural resources;	1571

(c) An employee of a park district under section 511.232 or	1572
1545.13 of the Revised Code;	1573

(d) An employee of a conservancy district who is designated	1574
pursuant to section 6101.75 of the Revised Code;	1575

(e) A state university law enforcement officer;

1576

(f) A special police officer employed by the department of	1577
mental health pursuant to section 5119.14 of the Revised Code or	1578
the department of developmental disabilities pursuant to section	1579
5123.13 of the Revised Code;	1580

(g) An enforcement agent of the department of public safety	1581
whom the director of public safety designates under section	1582
5502.14 of the Revised Code;	1583

(h) A special police officer employed by a port authority	1584
under section 4582.04 or 4582.28 of the Revised Code;	1585

(i) A special police officer employed by a municipal	1586
corporation at a municipal airport, or other municipal air	1587
navigation facility, that has scheduled operations, as defined in	1588
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1589
C.F.R. 119.3, as amended, and that is required to be under a	1590
security program and is governed by aviation security rules of the	1591
transportation security administration of the United States	1592
department of transportation as provided in Parts 1542. and 1544.	1593
of Title 49 of the Code of Federal Regulations, as amended;	1594

(j) A gaming agent employed under section 3772.03 of the	1595
Revised Code.	1596

(2) Every person who is appointed on a temporary basis or for	1597
a probationary term or on other than a permanent basis as any of	1598
the following shall forfeit the appointed position unless the	1599
person previously has completed satisfactorily or, within the time	1600
prescribed by rules adopted by the attorney general pursuant to	1601
section 109.74 of the Revised Code, satisfactorily completes a	1602
state, county, municipal, or department of natural resources peace	1603
officer basic training program for temporary or probationary	1604
officers and is awarded a certificate by the director attesting to	1605
the satisfactory completion of the program:	1606

(a) A peace officer of any county, township, municipal	1607
corporation, regional transit authority, or metropolitan housing	1608
authority;	1609

(b) A natural resources law enforcement staff officer, park	1610
officer, forest officer, preserve officer, wildlife officer, or	1611
state watercraft officer of the department of natural resources;	1612

(c) An employee of a park district under section 511.232 or	1613
1545.13 of the Revised Code;	1614

(d) An employee of a conservancy district who is designated	1615
pursuant to section 6101.75 of the Revised Code;	1616

(e) A special police officer employed by the department of	1617
mental health pursuant to section 5119.14 of the Revised Code or	1618
the department of developmental disabilities pursuant to section	1619
5123.13 of the Revised Code;	1620

(f) An enforcement agent of the department of public safety	1621
whom the director of public safety designates under section	1622
5502.14 of the Revised Code;	1623

(g) A special police officer employed by a port authority	1624
under section 4582.04 or 4582.28 of the Revised Code;	1625

(h) A special police officer employed by a municipal	1626
corporation at a municipal airport, or other municipal air	1627
navigation facility, that has scheduled operations, as defined in	1628
section 119.3 of Title 14 of the Code of Federal Regulations, 14	1629
C.F.R. 119.3, as amended, and that is required to be under a	1630
security program and is governed by aviation security rules of the	1631
transportation security administration of the United States	1632
department of transportation as provided in Parts 1542. and 1544.	1633
of Title 49 of the Code of Federal Regulations, as amended.	1634

(3) For purposes of division (B) of this section, a state,	1635
county, municipal, or department of natural resources peace	1636
officer basic training program, regardless of whether the program	1637
is to be completed by peace officers appointed on a permanent or	1638
temporary, probationary, or other nonpermanent basis, shall	1639
include training in the handling of the offense of domestic	1640
violence, other types of domestic violence-related offenses and	1641
incidents, and protection orders and consent agreements issued or	1642
approved under section 2919.26 or 3113.31 of the Revised Code and	1643
crisis intervention training. The requirement to complete training	1644
in the handling of the offense of domestic violence, other types	1645
of domestic violence-related offenses and incidents, and	1646
protection orders and consent agreements issued or approved under	1647
section 2919.26 or 3113.31 of the Revised Code does not apply to	1648
any person serving as a peace officer on March 27, 1979, and the	1649
requirement to complete training in crisis intervention does not	1650
apply to any person serving as a peace officer on April 4, 1985.	1651
Any person who is serving as a peace officer on April 4, 1985, who	1652
terminates that employment after that date, and who subsequently	1653
is hired as a peace officer by the same or another law enforcement	1654
agency shall complete training in crisis intervention as	1655
prescribed by rules adopted by the attorney general pursuant to	1656
section 109.742 of the Revised Code. No peace officer shall have	1657
employment as a peace officer terminated and then be reinstated	1658
with intent to circumvent this section.	1659

(4) Division (B) of this section does not apply to any person	1660
serving on a permanent basis on March 28, 1985, as a park officer,	1661
forest officer, preserve officer, wildlife officer, or state	1662
watercraft officer of the department of natural resources or as an	1663
employee of a park district under section 511.232 or 1545.13 of	1664
the Revised Code, to any person serving on a permanent basis on	1665
March 6, 1986, as an employee of a conservancy district designated	1666
pursuant to section 6101.75 of the Revised Code, to any person	1667
serving on a permanent basis on January 10, 1991, as a preserve	1668
officer of the department of natural resources, to any person	1669
employed on a permanent basis on July 2, 1992, as a special police	1670
officer by the department of mental health pursuant to section	1671
5119.14 of the Revised Code or by the department of developmental	1672
disabilities pursuant to section 5123.13 of the Revised Code, to	1673
any person serving on a permanent basis on May 17, 2000, as a	1674
special police officer employed by a port authority under section	1675
4582.04 or 4582.28 of the Revised Code, to any person serving on a	1676
permanent basis on March 19, 2003, as a special police officer	1677
employed by a municipal corporation at a municipal airport or	1678
other municipal air navigation facility described in division	1679
(A)(19) of section 109.71 of the Revised Code, to any person	1680
serving on a permanent basis on June 19, 1978, as a state	1681
university law enforcement officer pursuant to section 3345.04 of	1682
the Revised Code and who, immediately prior to June 19, 1978, was	1683
serving as a special police officer designated under authority of	1684
that section, or to any person serving on a permanent basis on	1685
September 20, 1984, as a liquor control investigator, known after	1686
June 30, 1999, as an enforcement agent of the department of public	1687
safety, engaged in the enforcement of Chapters 4301. and 4303. of	1688
the Revised Code.	1689

(5) Division (B) of this section does not apply to any person	1690
who is appointed as a regional transit authority police officer	1691
pursuant to division (Y) of section 306.35 of the Revised Code if,	1692
on or before July 1, 1996, the person has completed satisfactorily	1693
an approved state, county, municipal, or department of natural	1694
resources peace officer basic training program and has been	1695
awarded a certificate by the executive director of the Ohio peace	1696
officer training commission attesting to the person's satisfactory	1697
completion of such an approved program and if, on July 1, 1996,	1698
the person is performing peace officer functions for a regional	1699
transit authority.	1700

(C) No person, after September 20, 1984, shall receive an	1701
original appointment on a permanent basis as a veterans' home	1702
police officer designated under section 5907.02 of the Revised	1703
Code unless the person previously has been awarded a certificate	1704
by the executive director of the Ohio peace officer training	1705
commission attesting to the person's satisfactory completion of an	1706
approved police officer basic training program. Every person who	1707
is appointed on a temporary basis or for a probationary term or on	1708
other than a permanent basis as a veterans' home police officer	1709
designated under section 5907.02 of the Revised Code shall forfeit	1710
that position unless the person previously has completed	1711
satisfactorily or, within one year from the time of appointment,	1712
satisfactorily completes an approved police officer basic training	1713
program.	1714

(D) No bailiff or deputy bailiff of a court of record of this	1715
state and no criminal investigator who is employed by the state	1716
public defender shall carry a firearm, as defined in section	1717
2923.11 of the Revised Code, while on duty unless the bailiff,	1718
deputy bailiff, or criminal investigator has done or received one	1719
of the following:	1720

(1) Has been awarded a certificate by the executive director	1721
of the Ohio peace officer training commission, which certificate	1722
attests to satisfactory completion of an approved state, county,	1723
or municipal basic training program for bailiffs and deputy	1724
bailiffs of courts of record and for criminal investigators	1725
employed by the state public defender that has been recommended by	1726
the Ohio peace officer training commission;	1727

(2) Has successfully completed a firearms training program	1728
approved by the Ohio peace officer training commission prior to	1729
employment as a bailiff, deputy bailiff, or criminal investigator;	1730

(3) Prior to June 6, 1986, was authorized to carry a firearm	1731
by the court that employed the bailiff or deputy bailiff or, in	1732
the case of a criminal investigator, by the state public defender	1733
and has received training in the use of firearms that the Ohio	1734
peace officer training commission determines is equivalent to the	1735
training that otherwise is required by division (D) of this	1736
section.	1737

(E)(1) Before a person seeking a certificate completes an	1738
approved peace officer basic training program, the executive	1739
director of the Ohio peace officer training commission shall	1740
request the person to disclose, and the person shall disclose, any	1741
previous criminal conviction of or plea of guilty of that person	1742
to a felony.	1743

(2) Before a person seeking a certificate completes an	1744
approved peace officer basic training program, the executive	1745
director shall request a criminal history records check on the	1746
person. The executive director shall submit the person's	1747
fingerprints to the bureau of criminal identification and	1748
investigation, which shall submit the fingerprints to the federal	1749
bureau of investigation for a national criminal history records	1750
check.	1751

Upon receipt of the executive director's request, the bureau	1752
of criminal identification and investigation and the federal	1753
bureau of investigation shall conduct a criminal history records	1754
check on the person and, upon completion of the check, shall	1755
provide a copy of the criminal history records check to the	1756
executive director. The executive director shall not award any	1757
certificate prescribed in this section unless the executive	1758
director has received a copy of the criminal history records check	1759
on the person to whom the certificate is to be awarded.	1760

(3) The executive director of the commission shall not award	1761
a certificate prescribed in this section to a person who has been	1762
convicted of or has pleaded guilty to a felony or who fails to	1763
disclose any previous criminal conviction of or plea of guilty to	1764
a felony as required under division (E)(1) of this section.	1765

(4) The executive director of the commission shall revoke the	1766
certificate awarded to a person as prescribed in this section, and	1767
that person shall forfeit all of the benefits derived from being	1768
certified as a peace officer under this section, if the person,	1769
before completion of an approved peace officer basic training	1770
program, failed to disclose any previous criminal conviction of or	1771
plea of guilty to a felony as required under division (E)(1) of	1772
this section.	1773

(F)(1) Regardless of whether the person has been awarded the	1774
certificate or has been classified as a peace officer prior to,	1775
on, or after October 16, 1996, the executive director of the Ohio	1776
peace officer training commission shall revoke any certificate	1777
that has been awarded to a person as prescribed in this section if	1778
the person does either of the following:	1779

(a) Pleads guilty to a felony committed on or after January	1780
1, 1997;	1781

(b) Pleads guilty to a misdemeanor committed on or after	1782
January 1, 1997, pursuant to a negotiated plea agreement as	1783
provided in division (D) of section 2929.43 of the Revised Code in	1784
which the person agrees to surrender the certificate awarded to	1785
the person under this section.	1786

(2) The executive director of the commission shall suspend	1787
any certificate that has been awarded to a person as prescribed in	1788
this section if the person is convicted, after trial, of a felony	1789
committed on or after January 1, 1997. The executive director	1790
shall suspend the certificate pursuant to division (F)(2) of this	1791
section pending the outcome of an appeal by the person from that	1792
conviction to the highest court to which the appeal is taken or	1793
until the expiration of the period in which an appeal is required	1794
to be filed. If the person files an appeal that results in that	1795
person's acquittal of the felony or conviction of a misdemeanor,	1796
or in the dismissal of the felony charge against that person, the	1797
executive director shall reinstate the certificate awarded to the	1798
person under this section. If the person files an appeal from that	1799
person's conviction of the felony and the conviction is upheld by	1800
the highest court to which the appeal is taken or if the person	1801
does not file a timely appeal, the executive director shall revoke	1802
the certificate awarded to the person under this section.	1803

(G)(1) If a person is awarded a certificate under this	1804
section and the certificate is revoked pursuant to division (E)(4)	1805
or (F) of this section, the person shall not be eligible to	1806
receive, at any time, a certificate attesting to the person's	1807
satisfactory completion of a peace officer basic training program.	1808

(2) The revocation or suspension of a certificate under	1809
division (E)(4) or (F) of this section shall be in accordance with	1810
Chapter 119. of the Revised Code.	1811

(H)(1) A person who was employed as a peace officer of a	1812
county, township, or municipal corporation of the state on January	1813
1, 1966, and who has completed at least sixteen years of full-time	1814
active service as such a peace officer, or equivalent service as	1815
determined by the executive director of the Ohio peace officer	1816
training commission, may receive an original appointment on a	1817
permanent basis and serve as a peace officer of a county,	1818
township, or municipal corporation, or as a state university law	1819
enforcement officer, without complying with the requirements of	1820
division (B) of this section.	1821

(2) Any person who held an appointment as a state highway	1822
trooper on January 1, 1966, may receive an original appointment on	1823
a permanent basis and serve as a peace officer of a county,	1824
township, or municipal corporation, or as a state university law	1825
enforcement officer, without complying with the requirements of	1826
division (B) of this section.	1827

(I) No person who is appointed as a peace officer of a	1828
county, township, or municipal corporation on or after April 9,	1829
1985, shall serve as a peace officer of that county, township, or	1830
municipal corporation unless the person has received training in	1831
the handling of missing children and child abuse and neglect cases	1832
from an approved state, county, township, or municipal police	1833
officer basic training program or receives the training within the	1834
time prescribed by rules adopted by the attorney general pursuant	1835
to section 109.741 of the Revised Code.	1836

(J) No part of any approved state, county, or municipal basic	1837
training program for bailiffs and deputy bailiffs of courts of	1838
record and no part of any approved state, county, or municipal	1839
basic training program for criminal investigators employed by the	1840
state public defender shall be used as credit toward the	1841
completion by a peace officer of any part of the approved state,	1842
county, or municipal peace officer basic training program that the	1843
peace officer is required by this section to complete	1844
satisfactorily.	1845

(K) This section does not apply to any member of the police	1846
department of a municipal corporation in an adjoining state	1847
serving in this state under a contract pursuant to section 737.04	1848
of the Revised Code.	1849

Sec. 109.79. (A) The Ohio peace officer training commission	1850
shall establish and conduct a training school for law enforcement	1851
officers of any political subdivision of the state or of the state	1852
public defender's office. The school shall be known as the Ohio	1853
peace officer training academy. No bailiff or deputy bailiff of a	1854
court of record of this state and no criminal investigator	1855
employed by the state public defender shall be permitted to attend	1856
the academy for training unless the employing court of the bailiff	1857
or deputy bailiff or the state public defender, whichever is	1858
applicable, has authorized the bailiff, deputy bailiff, or	1859
investigator to attend the academy.	1860

The Ohio peace officer training commission shall develop the	1861
training program, which shall include courses in both the civil	1862
and criminal functions of law enforcement officers, a course in	1863
crisis intervention with six or more hours of training, and	1864
training in the handling of missing children and child abuse and	1865
neglect cases, and shall establish rules governing qualifications	1866
for admission to the academy. The commission may require	1867
competitive examinations to determine fitness of prospective	1868
trainees, so long as the examinations or other criteria for	1869
admission to the academy are consistent with the provisions of	1870
Chapter 124. of the Revised Code.	1871

The Ohio peace officer training commission shall determine	1872
tuition costs sufficient in the aggregate to pay the costs of	1873
operating the academy. The costs of acquiring and equipping the	1874
academy shall be paid from appropriations made by the general	1875
assembly to the Ohio peace officer training commission for that	1876
purpose, from gifts or grants received for that purpose, or from	1877
fees for goods related to the academy.	1878

The Ohio peace officer training commission shall create a	1879
gaming-related curriculum for gaming agents. The Ohio peace	1880
officer training commission shall use money distributed to the	1881
Ohio peace officer training academy from the Ohio law enforcement	1882
training fund to first support the academy's training programs for	1883
gaming agents and gaming-related curriculum. The Ohio peace	1884
officer training commission may utilize existing training programs	1885
in other states that specialize in training gaming agents.	1886

The law enforcement officers, during the period of their	1887
training, shall receive compensation as determined by the	1888
political subdivision that sponsors them or, if the officer is a	1889
criminal investigator employed by the state public defender, as	1890
determined by the state public defender. The political subdivision	1891
may pay the tuition costs of the law enforcement officers they	1892
sponsor and the state public defender may pay the tuition costs of	1893
criminal investigators of that office who attend the academy.	1894

If trainee vacancies exist, the academy may train and issue	1895
certificates of satisfactory completion to peace officers who are	1896
employed by a campus police department pursuant to section 1713.50	1897
of the Revised Code, by a qualified nonprofit corporation police	1898
department pursuant to section 1702.80 of the Revised Code, or by	1899
a railroad company, who are amusement park police officers	1900
appointed and commissioned by a judge of the appropriate municipal	1901
court or county court pursuant to section 4973.17 of the Revised	1902
Code, or who are bank, savings and loan association, savings bank,	1903
credit union, or association of banks, savings and loan	1904
associations, savings banks, or credit unions, or hospital police	1905
officers appointed and commissioned by the secretary of state	1906
pursuant to sections 4973.17 to 4973.22 of the Revised Code,	1907
provided that no such officer shall be trained at the academy	1908
unless the officer meets the qualifications established for	1909
admission to the academy and the qualified nonprofit corporation	1910
police department; bank, savings and loan association, savings	1911
bank, credit union, or association of banks, savings and loan	1912
associations, savings banks, or credit unions; railroad company;	1913
hospital; or amusement park or the private college or university	1914
that established the campus police department prepays the entire	1915
cost of the training. A qualified nonprofit corporation police	1916
department; bank, savings and loan association, savings bank,	1917
credit union, or association of banks, savings and loan	1918
associations, savings banks, or credit unions; railroad company;	1919
hospital; or amusement park or a private college or university	1920
that has established a campus police department is not entitled to	1921
reimbursement from the state for any amount paid for the cost of	1922
training the bank, savings and loan association, savings bank,	1923
credit union, or association of banks, savings and loan	1924
associations, savings banks, or credit unions peace officers; the	1925
railroad company's peace officers; or the peace officers of the	1926
qualified nonprofit corporation police department, campus police	1927
department, hospital, or amusement park.	1928

The academy shall permit investigators employed by the state	1929
medical board to take selected courses that the board determines	1930
are consistent with its responsibilities for initial and	1931
continuing training of investigators as required under sections	1932
4730.26 and 4731.05 of the Revised Code. The board shall pay the	1933
entire cost of training that investigators receive at the academy.	1934

(B) As used in this section:

1935

(1) "Law enforcement officers" include any undercover drug	1936
agent, any bailiff or deputy bailiff of a court of record, and any	1937
criminal investigator who is employed by the state public	1938
defender.	1939

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

1940

(a) Is employed by a county, township, or municipal	1941
corporation for the purposes set forth in division (B)(2)(b) of	1942
this section but who is not an employee of a county sheriff's	1943
department, of a township constable, or of the police department	1944
of a municipal corporation or township;	1945

(b) In the course of the person's employment by a county,	1946
township, or municipal corporation, investigates and gathers	1947
information pertaining to persons who are suspected of violating	1948
Chapter 2925. or 3719. of the Revised Code, and generally does not	1949
wear a uniform in the performance of the person's duties.	1950

(3) "Crisis intervention training" has the same meaning as in	1951
section 109.71 of the Revised Code.	1952

(4) "Missing children" has the same meaning as in section	1953
2901.30 of the Revised Code.	1954

Sec. 121.54. As it relates in any way to state funds or	1955
public officials subject to the investigatory authority of the	1956
inspector general, the inspector general may investigate all	1957
wrongful acts or omissions that have been committed by or are	1958
being committed by any member of the Ohio casino control	1959
commission or its employees.	1960

The inspector general shall conduct a program of random	1961
review of the processing of contracts associated with the	1962
commission. The random review program shall be designed by the	1963
inspector general. The program shall be confidential and may be	1964
altered by the inspector general at any time.	1965

The inspector general shall take care to preserve the	1966
confidentiality of information contained in responses to questions	1967
or in books, records, or papers that are made confidential by law.	1968
In performing any investigation, the inspector general shall avoid	1969
interfering with the ongoing operations of the entities being	1970
investigated, except insofar as is reasonably necessary to	1971
successfully complete the investigation.	1972

At the conclusion of an investigation conducted by the	1973
inspector general, the inspector general shall deliver to the	1974
executive director of the commission, depending on the subject of	1975
the investigation, and to the governor, any case for which	1976
remedial action is necessary. The inspector general shall maintain	1977
a public record of the activities of the inspector general to the	1978
extent permitted under this section, ensuring that the rights of	1979
the parties involved in each case are protected. The inspector	1980
general shall include in the annual report required under section	1981
121.48 of the Revised Code a summary of the activities of the	1982
inspector general under this section during the previous year.	1983

No person shall disclose any information that is designated	1984
as confidential in accordance with section 121.44 of the Revised	1985
Code or any confidential information that is acquired in the	1986
course of an investigation conducted under this section to any	1987
person who is not legally entitled to disclosure of that	1988
information.	1989

As used in this section, "state agency" and "state employee"	1990
have the same meanings as in section 121.41 of the Revised Code.	1991

Sec. 121.60. As used in sections 121.60 to 121.69 of the	1992
Revised Code:	1993

(A) "Person" and "compensation" have the same meanings as in	1994
section 101.70 of the Revised Code.	1995

(B) "Expenditure" means any of the following that is made to,	1996
at the request of, for the benefit of, or on behalf of an elected	1997
executive official, the director of a department created under	1998
section 121.02 of the Revised Code, an executive agency official,	1999
or a member of the staff of any public officer or employee listed	2000
in this division:	2001

(1) A payment, distribution, loan, advance, deposit,	2002
reimbursement, or gift of money, real estate, or anything of	2003
value, including, but not limited to, food and beverages,	2004
entertainment, lodging, transportation, or honorariums;	2005

(2) A contract, promise, or agreement to make an expenditure,	2006
whether or not legally enforceable;	2007

(3) The purchase, sale, or gift of services or any other	2008
thing of value. "Expenditure" does not include a contribution,	2009
gift, or grant to a foundation or other charitable organization	2010
that is exempt from federal income taxation under subsection	2011
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	2012
include the purchase, sale, or gift of services or any other thing	2013
of value that is available to the general public on the same terms	2014
as it is available to the persons listed in this division, or an	2015
offer or sale of securities to any person listed in this division	2016
that is governed by regulation D, 17 C.F.R. ~~2301.501~~230.501 to	2017
~~2301.508~~230.508, adopted under the authority of the "Securities	2018
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	2019
governed by a comparable provision under state law.	2020

(C) "Employer" means any person who, directly or indirectly,	2021
engages an executive agency lobbyist.	2022

(D) "Engage" means to make any arrangement, and "engagement"	2023
means arrangement, whereby an individual is employed or retained	2024
for compensation to act for or on behalf of an employer to	2025
influence executive agency decisions or to conduct any executive	2026
agency lobbying activity.	2027

(E) "Financial transaction" means a transaction or activity	2028
that is conducted or undertaken for profit and arises from the	2029
joint ownership or the ownership or part ownership in common of	2030
any real or personal property or any commercial or business	2031
enterprise of whatever form or nature between the following:	2032

(1) An executive agency lobbyist, ~~his~~the executive agency	2033
lobbyist's employer, or a member of the immediate family of the	2034
executive agency lobbyist or ~~his~~the executive agency lobbyist's	2035
employer; and	2036

(2) Any elected executive official, the director of a	2037
department created under section 121.02 of the Revised Code, an	2038
executive agency official, or any member of the staff of a public	2039
officer or employee listed in division (E)(2) of this section.	2040

"Financial transaction" does not include any transaction or	2041
activity described in division (E) of this section if it is	2042
available to the general public on the same terms, or if it is an	2043
offer or sale of securities to any person listed in division	2044
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	2045
~~2301.501~~230.501 to ~~2301.508~~230.508, adopted under the authority	2046
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and	2047
following, or that is governed by a comparable provision under	2048
state law.	2049

(F) "Executive agency" means the office of an elected	2050
executive official, a department created under section 121.02 of	2051
the Revised Code, or any other state agency, department, board, or	2052
commission controlled or directed by an elected executive official	2053
or otherwise subject to ~~his~~an elected executive official's	2054
authority. "Executive agency" does not include any court, the	2055
general assembly, or the controlling board.	2056

(G) "Executive agency decision" means a decision of an	2057
executive agency regarding the expenditure of funds of the state	2058
or of an executive agency with respect to the award of a contract,	2059
grant, lease, or other financial arrangement under which such	2060
funds are distributed or allocated, or a regulatory decision of an	2061
executive agency or any board or commission of the state.	2062
"Executive agency decision" does not include either of the	2063
following:	2064

(1) A purchasing decision for which a vendor has filed a	2065
statement certifying that hethe vendor has not made campaign	2066
contributions in an amount such that section 3517.13 of the	2067
Revised Code would invalidate the decision, if that vendor has not	2068
engaged an executive agency lobbyist;	2069

(2) The award of a competitively bid contract for which bid	2070
specifications were prepared and for which at least three eligible	2071
competitive bids were received by the executive agency.	2072

(H) "Executive agency lobbyist" means any person engaged to	2073
influence executive agency decisions or to conduct executive	2074
agency lobbying activity as one of ~~his~~the person's main purposes	2075
on a regular and substantial basis. "Executive agency lobbyist"	2076
does not include an elected or appointed officer or employee of a	2077
federal or state agency, state college, state university, or	2078
political subdivision who attempts to influence or affect	2079
executive agency decisions in ~~his~~a fiduciary capacity as a	2080
representative of ~~his~~the officer's or employee's agency, college,	2081
university, or political subdivision.	2082

(I) "Executive agency lobbying activity" means contacts made	2083
to promote, oppose, or otherwise influence the outcome of an	2084
executive agency decision by direct communication with an elected	2085
executive official, the director of any department listed in	2086
section 121.02 of the Revised Code, any executive agency official,	2087
or a member of the staff of any public officer or employee listed	2088
in this division, or the Ohio casino control commission. "Lobbying	2089
activity" does not include any of the following:	2090

(1) The action of any person having a direct interest in	2091
executive agency decisions who, under Section 3 of Article I, Ohio	2092
Constitution, assembles together with other persons to consult for	2093
their common good, instructs a person listed in the first	2094
paragraph of division (I) of this section, or petitions such a	2095
person for the redress of grievances;	2096

(2) Contacts made for the sole purpose of gathering	2097
information contained in a public record;	2098

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

2099

(J) "Executive agency official" means an officer or employee	2100
of an executive agency whose principal duties are to formulate	2101
policy or to participate directly or indirectly in the	2102
preparation, review, or award of contracts, grants, leases, or	2103
other financial arrangements with an executive agency.	2104

(K) "Aggrieved party" means a party entitled to resort to a	2105
remedy.	2106

(L) "Elected executive official" means the governor,	2107
lieutenant governor, secretary of state, auditor of state,	2108
treasurer of state, and the attorney general.	2109

(M) "Staff" means any officer or employee of an executive	2110
agency whose official duties are to formulate policy and who	2111
exercises administrative or supervisory authority or who	2112
authorizes the expenditure of state funds.	2113

Sec. 122.045. The director of development shall establish,	2114
and thereafter shall maintain and improve, an urban workforce	2115
development initiative. The director shall use money in the urban	2116
workforce development fund, which is created in the state	2117
treasury, to establish and administer a competitive process for	2118
making grants under the initiative to one or more entities that	2119
meet criteria determined by the director. The director shall enter	2120
into contracts with grantees under which the grantees develop and	2121
administer programs that reimburse eligible employers for	2122
qualified wage expenditures incurred in connection with the hiring	2123
of eligible employees. The director shall determine what	2124
constitutes qualified wage expenditures.	2125

An individual is an "eligible employee" if the individual has	2126
been hired by an eligible employer who is eligible to receive	2127
reimbursements under the workforce development initiative, the	2128
individual, at the time of hiring, resides in the city in which	2129
the eligible employer's business is located, and the individual	2130
either: (1) was unemployed immediately before being hired by the	2131
eligible employer and, during the period of employment with the	2132
eligible employer, engages in a skills training program that has	2133
been approved by the director or (2) recently graduated from an	2134
educational program relevant to the employment that, upon	2135
completion of the program, granted a degree or certificate to the	2136
individual. The degree or certificate shall have been issued by a	2137
state institution of higher education as defined in section	2138
3345.011 of the Revised Code or otherwise approved by the	2139
director.	2140

An employer is an "eligible employer" if the employer	2141
operates a business that is located in an Ohio city having more	2142
than thirty thousand individuals whose incomes are below one	2143
hundred eighty-five per cent of the poverty rate determined by the	2144
United States bureau of the census in the 2006-2008 American	2145
community survey.	2146

The contracts between the director and the grantees shall	2147
obligate the grantees to encourage eligible employers to enter	2148
into partnerships with cooperative education programs and	2149
internship programs under section 3333.71 of the Revised Code in	2150
conjunction with participation in the urban workforce development	2151
initiative.	2152

The director shall adopt, and may amend and rescind, rules	2153
under Chapter 119. of the Revised Code as are necessary to carry	2154
out the urban workforce development initiative.	2155

Sec. 1705.48. Except as otherwise provided by this chapter	2156
or any other provision of the Revised Code, including, but not	2157
limited to, sections 3734.908, 5739.33, 5743.57, 5747.07, and	2158
~~5753.09~~5753.02 of the Revised Code, all of the following apply:	2159

(A) The debts, obligations, and liabilities of a limited	2160
liability company, whether arising in contract, tort, or	2161
otherwise, are solely the debts, obligations, and liabilities of	2162
the limited liability company.	2163

(B) Neither the members of the limited liability company nor	2164
any managers of the limited liability company are personally	2165
liable to satisfy any judgment, decree, or order of a court for,	2166
or are personally liable to satisfy in any other manner, a debt,	2167
obligation, or liability of the company solely by reason of being	2168
a member or manager of the limited liability company.	2169

(C) Nothing in this chapter affects any personal liability of	2170
a member of a limited liability company or any manager of a	2171
limited liability company for the member's or manager's own	2172
actions or omissions.	2173

(D) This chapter does not affect any statutory or common law	2174
of this or another state that pertains to the relationship between	2175
an individual who renders a professional service and a recipient	2176
of that service, including, but not limited to, any contract or	2177
tort liability arising out of acts or omissions committed or	2178
omitted during the course of rendering the professional service.	2179

Sec. 2915.01. As used in this chapter:

2180

(A) "Bookmaking" means the business of receiving or paying	2181
off bets.	2182

(B) "Bet" means the hazarding of anything of value upon the	2183
result of an event, undertaking, or contingency, but does not	2184
include a bona fide business risk.	2185

(C) "Scheme of chance" means a slot machine, lottery, numbers	2186
game, pool conducted for profit, or other scheme in which a	2187
participant gives a valuable consideration for a chance to win a	2188
prize, but does not include bingo, a skill-based amusement	2189
machine, or a pool not conducted for profit.	2190

(D) "Game of chance" means poker, craps, roulette, or other	2191
game in which a player gives anything of value in the hope of	2192
gain, the outcome of which is determined largely by chance, but	2193
does not include bingo.	2194

(E) "Game of chance conducted for profit" means any game of	2195
chance designed to produce income for the person who conducts or	2196
operates the game of chance, but does not include bingo. As used	2197
in this division, "income" includes consideration paid by	2198
participants for admission to any location where games of chance	2199
are conducted.	2200

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

2201

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

2202

(2) A ticket, token, or other device representing a chance,	2203
share, or interest in a scheme of chance or evidencing a bet;	2204

(3) A deck of cards, dice, gaming table, roulette wheel, slot	2205
machine, or other apparatus designed for use in connection with a	2206
game of chance;	2207

(4) Any equipment, device, apparatus, or paraphernalia	2208
specially designed for gambling purposes;	2209

(5) Bingo supplies sold or otherwise provided, or used, in	2210
violation of this chapter.	2211

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

2212

(1) A violation of section 2915.02, 2915.03, 2915.04,	2213
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.083,	2214
2915.09, 2915.091, 2915.092, 2915.093, 2915.094, 2915.10, or	2215
2915.101, 2915.11, or 2915.13 of the Revised Code;	2216

(2) A violation of an existing or former municipal ordinance	2217
or law of this or any other state or the United States	2218
substantially equivalent to any section listed in division (G)(1)	2219
of this section or a violation of section 2915.06 of the Revised	2220
Code as it existed prior to July 1, 1996;	2221

(3) An offense under an existing or former municipal	2222
ordinance or law of this or any other state or the United States,	2223
of which gambling is an element;	2224

(4) A conspiracy or attempt to commit, or complicity in	2225
committing, any offense under division (G)(1), (2), or (3) of this	2226
section.	2227

(H) Except as otherwise provided in this chapter, "charitable	2228
organization" means any tax exempt religious, educational,	2229
veteran's, fraternal, sporting, service, nonprofit medical,	2230
volunteer rescue service, volunteer firefighter's, senior	2231
citizen's, historic railroad educational, youth athletic, amateur	2232
athletic, or youth athletic park organization. An organization is	2233
tax exempt if the organization is, and has received from the	2234
internal revenue service a determination letter that currently is	2235
in effect stating that the organization is, exempt from federal	2236
income taxation under subsection 501(a) and described in	2237
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	2238
501(c)(19) of the Internal Revenue Code, or if the organization is	2239
a sporting organization that is exempt from federal income	2240
taxation under subsection 501(a) and is described in subsection	2241
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	2242
organization, an organization, except a volunteer rescue service	2243
or, volunteer firefighter's, veteran's, or fraternal organization,	2244
shall have been in continuous existence as such in this state for	2245
a period of two years immediately preceding either the making of	2246
an application for a bingo license under section 2915.08 of the	2247
Revised Code or the conducting of any game of chance as provided	2248
in division (D) of section 2915.02 or in section 2915.14 or	2249
conducting a raffle as provided in section 2915.092 of the Revised	2250
Code. A charitable organization that is exempt from federal income	2251
taxation under subsection 501(a) and described in subsection	2252
501(c)(3) of the Internal Revenue Code and that is created by a	2253
veteran's organization, a fraternal organization, or a sporting	2254
organization does not have to have been in continuous existence as	2255
such in this state for a period of two years immediately preceding	2256
either the making of an application for a bingo license under	2257
section 2915.08 of the Revised Code or the conducting of any game	2258
of chance as provided in division (D) of section 2915.02 or in	2259
section 2915.14 of the Revised Code.	2260

(I) "Religious organization" means any church, body of	2261
communicants, or group that is not organized or operated for	2262
profit and that gathers in common membership for regular worship	2263
and religious observances.	2264

(J) "Educational organization" means any organization within	2265
this state that is not organized for profit, the primary purpose	2266
of which is to educate and develop the capabilities of individuals	2267
through instruction by means of operating or contributing to the	2268
support of a school, academy, college, or university.	2269

(K) "Veteran's organization" means any individual post or	2270
state headquarters of a national veteran's association or an	2271
auxiliary unit of any individual post of a national veteran's	2272
association, which post, state headquarters, or auxiliary unit ~~has~~	2273
~~been in continuous existence in this state for at least two years~~	2274
~~and~~is incorporated as a nonprofit corporation and either has	2275
received a letter from the state headquarters of the national	2276
veteran's association indicating that the individual post or	2277
auxiliary unit is in good standing with the national veteran's	2278
association or has received a letter from the national veteran's	2279
association indicating that the state headquarters is in good	2280
standing with the national veteran's association. As used in this	2281
division, "national veteran's association" means any veteran's	2282
association that has been in continuous existence as such for a	2283
period of at least five years and either is incorporated by an act	2284
of the United States congress or has a national dues-paying	2285
membership of at least five thousand persons.	2286

(L) "Volunteer firefighter's organization" means any	2287
organization of volunteer firefighters, as defined in section	2288
146.01 of the Revised Code, that is organized and operated	2289
exclusively to provide financial support for a volunteer fire	2290
department or a volunteer fire company and that is recognized or	2291
ratified by a county, municipal corporation, or township.	2292

(M) "Fraternal organization" means any society, order, state	2293
headquarters, or association within this state, except a college	2294
or high school fraternity, that is not organized for profit, that	2295
is a branch, lodge, or chapter of a national or state	2296
organization, that exists exclusively for the common business or	2297
sodality of its members~~, and that has been in continuous existence~~	2298
~~in this state for a period of five years~~.	2299

(N) "Volunteer rescue service organization" means any	2300
organization of volunteers organized to function as an emergency	2301
medical service organization, as defined in section 4765.01 of the	2302
Revised Code.	2303

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

2304

(1) Any organization, not organized for profit, that is	2305
organized and operated exclusively to provide, or to contribute to	2306
the support of organizations or institutions organized and	2307
operated exclusively to provide, medical and therapeutic services	2308
for persons who are crippled, born with birth defects, or have any	2309
other mental or physical defect or those organized and operated	2310
exclusively to protect, or to contribute to the support of	2311
organizations or institutions organized and operated exclusively	2312
to protect, animals from inhumane treatment or provide immediate	2313
shelter to victims of domestic violence;	2314

(2) Any organization that is described in subsection	2315
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2316
and is either a governmental unit or an organization that is tax	2317
exempt under subsection 501(a) and described in subsection	2318
501(c)(3) of the Internal Revenue Code and that is an	2319
organization, not organized for profit, that is organized and	2320
operated primarily to provide, or to contribute to the support of	2321
organizations or institutions organized and operated primarily to	2322
provide, medical and therapeutic services for persons who are	2323
crippled, born with birth defects, or have any other mental or	2324
physical defect.	2325

(P) "Nonprofit medical organization" means either of the	2326
following:	2327

(1) Any organization that has been incorporated as a	2328
nonprofit corporation for at least five years and that has	2329
continuously operated and will be operated exclusively to provide,	2330
or to contribute to the support of organizations or institutions	2331
organized and operated exclusively to provide, hospital, medical,	2332
research, or therapeutic services for the public;	2333

(2) Any organization that is described and qualified under	2334
subsection 501(c)(3) of the Internal Revenue Code, that has been	2335
incorporated as a nonprofit corporation for at least five years,	2336
and that has continuously operated and will be operated primarily	2337
to provide, or to contribute to the support of organizations or	2338
institutions organized and operated primarily to provide,	2339
hospital, medical, research, or therapeutic services for the	2340
public.	2341

(Q) "Senior citizen's organization" means any private	2342
organization, not organized for profit, that is organized and	2343
operated exclusively to provide recreational or social services	2344
for persons who are fifty-five years of age or older and that is	2345
described and qualified under subsection 501(c)(3) of the Internal	2346
Revenue Code.	2347

(R) "Charitable bingo game" means any bingo game described in	2348
division (S)(1) or (2) of this section that is conducted by a	2349
charitable organization that has obtained a license pursuant to	2350
section 2915.08 of the Revised Code and the proceeds of which are	2351
used for a charitable purpose.	2352

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

2353

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

2354

(a) The participants use bingo cards or sheets, including	2355
paper formats and electronic representation or image formats, that	2356
are divided into twenty-five spaces arranged in five horizontal	2357
and five vertical rows of spaces, with each space, except the	2358
central space, being designated by a combination of a letter and a	2359
number and with the central space being designated as a free	2360
space.	2361

(b) The participants cover the spaces on the bingo cards or	2362
sheets that correspond to combinations of letters and numbers that	2363
are announced by a bingo game operator.	2364

(c) A bingo game operator announces combinations of letters	2365
and numbers that appear on objects that a bingo game operator	2366
selects by chance, either manually or mechanically, from a	2367
receptacle that contains seventy-five objects at the beginning of	2368
each game, each object marked by a different combination of a	2369
letter and a number that corresponds to one of the seventy-five	2370
possible combinations of a letter and a number that can appear on	2371
the bingo cards or sheets.	2372

(d) The winner of the bingo game includes any participant who	2373
properly announces during the interval between the announcements	2374
of letters and numbers as described in division (S)(1)(c) of this	2375
section, that a predetermined and preannounced pattern of spaces	2376
has been covered on a bingo card or sheet being used by the	2377
participant.	2378

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

2379

(T) "Conduct" means to back, promote, organize, manage, carry	2380
on, sponsor, or prepare for the operation of bingo or a game of	2381
chance.	2382

(U) "Bingo game operator" means any person, except security	2383
personnel, who performs work or labor at the site of bingo,	2384
including, but not limited to, collecting money from participants,	2385
handing out bingo cards or sheets or objects to cover spaces on	2386
bingo cards or sheets, selecting from a receptacle the objects	2387
that contain the combination of letters and numbers that appear on	2388
bingo cards or sheets, calling out the combinations of letters and	2389
numbers, distributing prizes, selling or redeeming instant bingo	2390
tickets or cards, supervising the operation of a punch board,	2391
selling raffle tickets, selecting raffle tickets from a receptacle	2392
and announcing the winning numbers in a raffle, and preparing,	2393
selling, and serving food or beverages.	2394

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

2395

(W) "Bingo session" means a period that includes both of the	2396
following:	2397

(1) Not to exceed five continuous hours for the conduct of	2398
one or more games described in division (S)(1) of this section,	2399
instant bingo, and seal cards;	2400

(2) A period for the conduct of instant bingo and seal cards	2401
for not more than two hours before and not more than two hours	2402
after the period described in division (W)(1) of this section.	2403

(X) "Gross receipts" means all money or assets, including	2404
admission fees, that a person receives from bingo without the	2405
deduction of any amounts for prizes paid out or for the expenses	2406
of conducting bingo. "Gross receipts" does not include any money	2407
directly taken in from the sale of food or beverages by a	2408
charitable organization conducting bingo, or by a bona fide	2409
auxiliary unit or society of a charitable organization conducting	2410
bingo, provided ~~all~~both of the following apply:	2411

(1) ~~The auxiliary unit or society has been in existence as a~~	2412
~~bona fide auxiliary unit or society of the charitable organization~~	2413
~~for at least two years prior to conducting bingo.~~	2414

~~(2)~~ The person who purchases the food or beverage receives	2415
nothing of value except the food or beverage and items customarily	2416
received with the purchase of that food or beverage.	2417

~~(3)~~(2) The food and beverages are sold at customary and	2418
reasonable prices.	2419

(Y) "Security personnel" includes any person who either is a	2420
sheriff, deputy sheriff, marshal, deputy marshal, township	2421
constable, or member of an organized police department of a	2422
municipal corporation or has successfully completed a peace	2423
officer's training course pursuant to sections 109.71 to 109.79 of	2424
the Revised Code and who is hired to provide security for the	2425
premises on which bingo is conducted.	2426

(Z) "Charitable purpose" means that the net profit of bingo,	2427
other than instant bingo, is used by, or is given, donated, or	2428
otherwise transferred to, any of the following:	2429

(1) Any organization that is described in subsection	2430
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	2431
and is either a governmental unit or an organization that is tax	2432
exempt under subsection 501(a) and described in subsection	2433
501(c)(3) of the Internal Revenue Code;	2434

(2) A veteran's organization that is a post, chapter, or	2435
organization of veterans, or an auxiliary unit or society of, or a	2436
trust or foundation for, any such post, chapter, or organization	2437
organized in the United States or any of its possessions, at least	2438
seventy-five per cent of the members of which are veterans and	2439
substantially all of the other members of which are individuals	2440
who are spouses, widows, or widowers of veterans, or such	2441
individuals, provided that no part of the net earnings of such	2442
post, chapter, or organization inures to the benefit of any	2443
private shareholder or individual, and further provided that the	2444
net profit is used by the post, chapter, or organization for the	2445
charitable purposes set forth in division (B)(12) of section	2446
5739.02 of the Revised Code, is used for awarding scholarships to	2447
or for attendance at an institution mentioned in division (B)(12)	2448
of section 5739.02 of the Revised Code, is donated to a	2449
governmental agency, or is used for nonprofit youth activities,	2450
the purchase of United States or Ohio flags that are donated to	2451
schools, youth groups, or other bona fide nonprofit organizations,	2452
promotion of patriotism, or disaster relief;	2453

(3) A fraternal organization that has been in continuous	2454
existence in this state for fifteen years and that uses the net	2455
profit exclusively for religious, charitable, scientific,	2456
literary, or educational purposes, or for the prevention of	2457
cruelty to children or animals, if contributions for such use	2458
would qualify as a deductible charitable contribution under	2459
subsection 170 of the Internal Revenue Code;	2460

(4) A volunteer firefighter's organization that uses the net	2461
profit for the purposes set forth in division (L) of this section.	2462

(AA) "Internal Revenue Code" means the "Internal Revenue Code	2463
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	2464
amended.	2465

(BB) "Youth athletic organization" means any organization,	2466
not organized for profit, that is organized and operated	2467
exclusively to provide financial support to, or to operate,	2468
athletic activities for persons who are twenty-one years of age or	2469
younger by means of sponsoring, organizing, operating, or	2470
contributing to the support of an athletic team, club, league, or	2471
association.	2472

(CC) "Youth athletic park organization" means any	2473
organization, not organized for profit, that satisfies both of the	2474
following:	2475

(1) It owns, operates, and maintains playing fields that	2476
satisfy both of the following:	2477

(a) The playing fields are used at least one hundred days per	2478
year for athletic activities by one or more organizations, not	2479
organized for profit, each of which is organized and operated	2480
exclusively to provide financial support to, or to operate,	2481
athletic activities for persons who are eighteen years of age or	2482
younger by means of sponsoring, organizing, operating, or	2483
contributing to the support of an athletic team, club, league, or	2484
association.	2485

(b) The playing fields are not used for any profit-making	2486
activity at any time during the year.	2487

(2) It uses the proceeds of bingo it conducts exclusively for	2488
the operation, maintenance, and improvement of its playing fields	2489
of the type described in division (CC)(1) of this section.	2490

(DD) "Amateur athletic organization" means any organization,	2491
not organized for profit, that is organized and operated	2492
exclusively to provide financial support to, or to operate,	2493
athletic activities for persons who are training for amateur	2494
athletic competition that is sanctioned by a national governing	2495
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	2496
3045, 36 U.S.C.A. 373.	2497

(EE) "Bingo supplies" means bingo cards or sheets; instant	2498
bingo tickets or cards; electronic bingo aids; raffle tickets;	2499
punch boards; seal cards; instant bingo ticket dispensers; ~~and~~	2500
devices for selecting or displaying the combination of bingo	2501
letters and numbers or raffle tickets; and durable bingo	2502
equipment. Items that are "bingo supplies" are not gambling	2503
devices if sold or otherwise provided, and used, in accordance	2504
with this chapter. For purposes of this chapter, "bingo supplies"	2505
are not to be considered equipment, such as tables and chairs,	2506
used to conduct a bingo game.	2507

(FF) "Instant bingo" means a form of bingo that uses folded	2508
or banded tickets or paper cards with perforated break-open tabs,	2509
a face of which is covered or otherwise hidden from view to	2510
conceal a number, letter, or symbol, or set of numbers, letters,	2511
or symbols, some of which have been designated in advance as prize	2512
winners, and games in which winners are determined by the random	2513
selection of one or more bingo numbers, by the use of a seal card	2514
or bingo blower. "Instant bingo" includes seal cards. "Instant	2515
bingo" does not include any device that is activated by the	2516
insertion of a coin, currency, token, or an equivalent, and that	2517
contains as one of its components a video display monitor that is	2518
capable of displaying numbers, letters, symbols, or characters in	2519
winning or losing combinations.	2520

(GG) "Seal card" means a form of instant bingo that uses	2521
instant bingo tickets in conjunction with a board or placard that	2522
contains one or more seals that, when removed or opened, reveal	2523
predesignated winning numbers, letters, or symbols.	2524

(HH) "Raffle" means a form of bingo in which the one or more	2525
prizes are won by one or more persons who have purchased a raffle	2526
ticket. The one or more winners of the raffle are determined by	2527
drawing a ticket stub or other detachable section from a	2528
receptacle containing ticket stubs or detachable sections	2529
corresponding to all tickets sold for the raffle.	2530

(II) "Punch board" means a board containing a number of holes	2531
or receptacles of uniform size in which are placed, mechanically	2532
and randomly, serially numbered slips of paper that may be punched	2533
or drawn from the hole or receptacle when used in conjunction with	2534
instant bingo. A player may punch or draw the numbered slips of	2535
paper from the holes or receptacles and obtain the prize	2536
established for the game if the number drawn corresponds to a	2537
winning number or, if the punch board includes the use of a seal	2538
card, a potential winning number.	2539

(JJ) "Gross profit" means gross receipts minus the amount	2540
actually expended for the payment of prize awards.	2541

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

2542

(LL) "Expenses" means the reasonable amount of gross profit	2543
actually expended for all of the following:	2544

(1) The purchase or lease of bingo supplies;

2545

(2) The annual license fee required under section 2915.08 of	2546
the Revised Code;	2547

(3) Bank fees and service charges for a bingo session or game	2548
account described in section 2915.10 of the Revised Code;	2549

(4) Audits and accounting services;

2550

(5) Safes;

2551

(6) Cash registers;

2552

(7) Hiring security personnel;

2553

(8) Advertising bingo;

2554

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

2555

(10) Tables and chairs;

2556

(11) Expenses for maintaining and operating a charitable	2557
organization's facilities, including, but not limited to, a post	2558
home, club house, lounge, tavern, or canteen and any grounds	2559
attached to the post home, club house, lounge, tavern, or canteen;	2560

(12) Payment of real property taxes and assessments that are	2561
levied on a premises on which bingo is conducted;	2562

(13) Any other product or service directly related to the	2563
conduct of bingo that is authorized in rules adopted by the	2564
attorney general under division (B)(1) of section 2915.08 of the	2565
Revised Code.	2566

(MM) "Person" has the same meaning as in section 1.59 of the	2567
Revised Code and includes any firm or any other legal entity,	2568
however organized.	2569

(NN) "Revoke" means to void permanently all rights and	2570
privileges of the holder of a license issued under section	2571
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or	2572
a charitable gaming license issued by another jurisdiction.	2573

(OO) "Suspend" means to interrupt temporarily all rights and	2574
privileges of the holder of a license issued under section	2575
2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or	2576
a charitable gaming license issued by another jurisdiction.	2577

(PP) "Distributor" means any person who purchases or obtains	2578
bingo supplies and who does either of the following:	2579

(1) Sells, offers for sale, or otherwise provides or offers	2580
to provide the bingo supplies to another person for use in this	2581
state, except that this division does not apply to a licensed	2582
lessor providing durable bingo equipment to charitable	2583
organizations in compliance with section 2915.083 of the Revised	2584
Code;	2585

(2) Modifies, converts, adds to, or removes parts from the	2586
bingo supplies to further their promotion or sale for use in this	2587
state.	2588

(QQ) "Manufacturer" means any person who assembles completed	2589
bingo supplies from raw materials, other items, or subparts or who	2590
modifies, converts, adds to, or removes parts from bingo supplies	2591
to further their promotion or sale.	2592

(RR) "Gross annual revenues" means the annual gross receipts	2593
derived from the conduct of bingo described in division (S)(1) of	2594
this section plus the annual net profit derived from the conduct	2595
of bingo described in division (S)(2) of this section.	2596

(SS) "Instant bingo ticket dispenser" means a mechanical	2597
device that dispenses an instant bingo ticket or card as the sole	2598
item of value dispensed and that has the following	2599
characteristics:	2600

(1) It is activated upon the insertion of United States	2601
currency.	2602

(2) It performs no gaming functions.

2603

(3) It does not contain a video display monitor or generate	2604
noise.	2605

(4) It is not capable of displaying any numbers, letters,	2606
symbols, or characters in winning or losing combinations.	2607

(5) It does not simulate or display rolling or spinning	2608
reels.	2609

(6) It is incapable of determining whether a dispensed bingo	2610
ticket or card is a winning or nonwinning ticket or card and	2611
requires a winning ticket or card to be paid by a bingo game	2612
operator.	2613

(7) It may provide accounting and security features to aid in	2614
accounting for the instant bingo tickets or cards it dispenses.	2615

(8) It is not part of an electronic network and is not	2616
interactive.	2617

(TT)(1) "Electronic bingo aid" means an electronic device	2618
used by a participant to monitor bingo cards or sheets purchased	2619
at the time and place of a bingo session and that does all of the	2620
following:	2621

(a) It provides a means for a participant to input numbers	2622
and letters announced by a bingo caller.	2623

(b) It compares the numbers and letters entered by the	2624
participant to the bingo faces previously stored in the memory of	2625
the device.	2626

2627

(2) "Electronic bingo aid" does not include any device into	2628
which a coin, currency, token, or an equivalent is inserted to	2629
activate play.	2630

(UU) "Deal of instant bingo tickets" means a single game of	2631
instant bingo tickets all with the same serial number.	2632

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

2633

(a) Any mechanical, electronic, video, or digital device that	2634
is capable of accepting anything of value, directly or indirectly,	2635
from or on behalf of a player who gives the thing of value in the	2636
hope of gain;	2637

(b) Any mechanical, electronic, video, or digital device that	2638
is capable of accepting anything of value, directly or indirectly,	2639
from or on behalf of a player to conduct ~~or dispense~~ bingo or a	2640
scheme or game of chance.	2641

(2) "Slot machine" does not include a skill-based amusement	2642
machine or an instant bingo ticket dispenser.	2643

(WW) "Net profit from the proceeds of the sale of instant	2644
bingo" means gross profit minus the ordinary, necessary, and	2645
reasonable expense expended for the purchase of instant bingo	2646
supplies and in the case of instant bingo conducted by a	2647
veteran's, fraternal, or sporting organization, the payment by a	2648
veteran's, fraternal, or sporting organization of real property	2649
taxes and assessments levied on the premises in which instant	2650
bingo is conducted.	2651

(XX) "Charitable instant bingo organization" means an	2652
organization that is exempt from federal income taxation under	2653
subsection 501(a) and described in subsection 501(c)(3) of the	2654
Internal Revenue Code and is a charitable organization as defined	2655
in this section. A "charitable instant bingo organization" does	2656
not include a charitable organization that is exempt from federal	2657
income taxation under subsection 501(a) and described in	2658
subsection 501(c)(3) of the Internal Revenue Code and that is	2659
created by a veteran's organization, a fraternal organization, or	2660
a sporting organization in regards to bingo conducted or assisted	2661
by a veteran's organization, a fraternal organization, or a	2662
sporting organization pursuant to section 2915.13 of the Revised	2663
Code.	2664

(YY) "Game flare" means the board or placard that accompanies	2665
each deal of instant bingo tickets and that has printed on or	2666
affixed to it the following information for the game:	2667

(1) The name of the game;

2668

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

2669

(3) The form number;

2670

(4) The ticket count;

2671

(5) The prize structure, including the number of winning	2672
instant bingo tickets by denomination and the respective winning	2673
symbol or number combinations for the winning instant bingo	2674
tickets;	2675

(6) The cost per play;

2676

(7) The serial number of the game.

2677

(ZZ) "Historic railroad educational organization" means an	2678
organization that is exempt from federal income taxation under	2679
subsection 501(a) and described in subsection 501(c)(3) of the	2680
Internal Revenue Code, that owns in fee simple the tracks and the	2681
right of way of a historic railroad that the organization restores	2682
or maintains and on which the organization provides excursions as	2683
part of a program to promote tourism and educate visitors	2684
regarding the role of railroad transportation in Ohio history, and	2685
that received as donations from a charitable organization that	2686
holds a license to conduct bingo under this chapter an amount	2687
equal to at least fifty per cent of that licensed charitable	2688
organization's net proceeds from the conduct of bingo during each	2689
of the five years preceding June 30, 2003. "Historic railroad"	2690
means all or a portion of the tracks and right-of-way of a	2691
railroad that was owned and operated by a for-profit common	2692
carrier in this state at any time prior to January 1, 1950.	2693

(AAA)~~(1)~~ "Skill-based amusement machine" means a mechanical,	2694
video, digital, or electronic device that rewards the player or	2695
players, ~~if at all, only with merchandise prizes or with~~	2696
~~redeemable vouchers redeemable only for merchandise prizes,~~	2697
provided that with respect to rewards for playing the game all of	2698
the following apply:	2699

~~(a) The wholesale value of a merchandise prize awarded as a~~	2700
~~result of the single play of a machine does not exceed ten~~	2701
~~dollars;~~	2702

~~(b) Redeemable vouchers awarded for any single play of a~~	2703
~~machine are not redeemable for a merchandise prize with a~~	2704
~~wholesale value of more than ten dollars;~~	2705

~~(c) Redeemable vouchers are not redeemable for a merchandise~~	2706
~~prize that has a wholesale value of more than ten dollars times~~	2707
~~the fewest number of single plays necessary to accrue the~~	2708
~~redeemable vouchers required to obtain that prize; and~~	2709

~~(d) Any redeemable vouchers or merchandise prizes are~~	2710
~~distributed at the site of the skill-based amusement machine at~~	2711
~~the time of play.~~	2712

~~(2) A device shall not be considered a skill-based amusement~~	2713
~~machine and shall be considered a slot machine if it pays cash or~~	2714
~~one or more of the following apply:~~	2715

~~(a) The ability of a player to succeed at the game is~~	2716
~~impacted by the number or ratio of prior wins to prior losses of~~	2717
~~players playing the game.~~	2718

~~(b) Any reward of redeemable vouchers is not based solely on~~	2719
~~the player achieving the object of the game or the player's score;~~	2720

~~(c) The outcome of the game, or the value of the redeemable~~	2721
~~voucher or merchandise prize awarded for winning the game, can be~~	2722
~~controlled by a source other than any player playing the game.~~	2723

~~(d) The success of any player is or may be determined by a~~	2724
~~chance event that cannot be altered by player actions.~~	2725

~~(e) The ability of any player to succeed at the game is~~	2726
~~determined by game features not visible or known to the player.~~	2727

~~(f) The ability of the player to succeed at the game is~~	2728
~~impacted by the exercise of a skill that no reasonable player~~	2729
~~could exercise.~~	2730

~~(3) All of the following apply to any machine that is~~	2731
~~operated as described in division (AAA)(1) of this section:~~	2732

~~(a) As used in this section, "game" and "play" mean one event~~	2733
~~from the initial activation of the machine until the results of~~	2734
~~play are determined without payment of additional consideration.~~	2735
~~An individual utilizing a machine that involves a single game,~~	2736
~~play, contest, competition, or tournament may be awarded~~	2737
~~redeemable vouchers or merchandise prizes based on the results of~~	2738
~~play.~~	2739

~~(b) Advance play for a single game, play, contest,~~	2740
~~competition, or tournament participation may be purchased. The~~	2741
~~cost of the contest, competition, or tournament participation may~~	2742
~~be greater than a single noncontest, competition, or tournament~~	2743
~~play.~~	2744

~~(c) To the extent that the machine is used in a contest,~~	2745
~~competition, or tournament, that contest, competition, or~~	2746
~~tournament has a defined starting and ending date and is open to~~	2747
~~participants in competition for scoring and ranking results toward~~	2748
~~the awarding of redeemable vouchers or merchandise prizes that are~~	2749
~~stated prior to the start of the contest, competition, or~~	2750
~~tournament.~~	2751

~~(4) For purposes of division (AAA)(1) of this section, the~~	2752
~~mere presence of a device, such as a pin-setting, ball-releasing,~~	2753
~~or scoring mechanism, that does not contribute to or affect the~~	2754
~~outcome of the play of the game does not make the device a~~	2755
~~skill-based amusement machine.~~	2756

~~(BBB) "Merchandise prize" means any item of value, but shall~~	2757
~~not include any of the following:~~	2758

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

2759

~~(2) Plays on games of chance, state lottery tickets, bingo,~~	2760
~~or instant bingo;~~	2761

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

2762

~~(4) A redeemable voucher that is redeemable for any of the~~	2763
~~items listed in division (BBB)(1), (2), or (3) of this section.~~	2764

~~(CCC) "Redeemable voucher" means any ticket, token, coupon,~~	2765
~~receipt, or other noncash representation of value.~~	2766

(1) The player or players have the ability to successfully	2767
complete the game task or objective on each play of the game.	2768

(2) The player or players know or are provided the	2769
opportunity to know the prize or reward of successfully completing	2770
the game task or objective before the start of the game or play.	2771

~~(DDD)~~(BBB) "Pool not conducted for profit" means a scheme in	2772
which a participant gives a valuable consideration for a chance to	2773
win a prize and the total amount of consideration wagered is	2774
distributed to a participant or participants.	2775

~~(EEE)~~(CCC) "Sporting organization" means a hunting, fishing,	2776
or trapping organization, other than a college or high school	2777
fraternity or sorority, that is not organized for profit, that is	2778
affiliated with a state or national sporting organization,	2779
including but not limited to, the Ohio league of sportsmen, and	2780
that has been in continuous existence in this state for a period	2781
of three years.	2782

~~(FFF)~~(DDD) "Community action agency" has the same meaning as	2783
in section 122.66 of the Revised Code.	2784

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

2785

(1) A bingo ball, which is a ball imprinted with numbers and	2786
letters used in the selection process of a bingo game;	2787

(2) A bingo or flash board, which are display boards, usually	2788
electronic, that display numbers and letters after the numbers and	2789
letters are called;	2790

(3) A bingo machine, which is a type of selection device with	2791
a receptacle, or hopper, for the unselected bingo balls, a blower	2792
for selecting the balls, and a ball tray that contains	2793
seventy-five holes in which to place the ball once it is called;	2794

(4) A bingo blower, which is a forced-air device that mixes	2795
the bingo balls and dispenses them to the bingo game operator;	2796

(5) Electronic bingo aids;

2797

(6) Audio-visual equipment, which is electronic equipment	2798
used to play bingo, such as a display monitor;	2799

(7) Instant bingo ticket dispensers.

2800

(FFF) "Lessor" means a person that provides the premises to a	2801
charitable organization for conducting bingo as described in	2802
division (S)(1) of section 2915.01 of the Revised Code for a	2803
rental amount in compliance with division (B)(1) of section	2804
2915.09 of the Revised Code or a person that provides premises to	2805
a charitable instant bingo organization for conducting instant	2806
bingo other than at a bingo session.	2807

(GGG) "Permitted location" means a building leased by a	2808
county in Ohio under a lease pursuant to which charitable	2809
organizations have operated festivals weekly for the eighteen	2810
months immediately preceding the effective date of this section,	2811
at which games of chance were offered.	2812

(HHH) "Charity card room" means a facility at a permitted	2813
location that offers games of chance conducted by a charitable	2814
organization.	2815

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

2816

(1) Engage in bookmaking, or knowingly engage in conduct that	2817
facilitates bookmaking;	2818

(2) Establish, promote, or operate or knowingly engage in	2819
conduct that facilitates any game of chance conducted for profit	2820
or any scheme of chance;	2821

(3) Knowingly procure, transmit, exchange, or engage in	2822
conduct that facilitates the procurement, transmission, or	2823
exchange of information for use in establishing odds or	2824
determining winners in connection with bookmaking or with any game	2825
of chance conducted for profit or any scheme of chance;	2826

(4) Engage in betting or in playing any scheme or game of	2827
chance as a substantial source of income or livelihood;	2828

(5) With purpose to violate division (A)(1), (2), (3), or (4)	2829
of this section, acquire, possess, control, or operate any	2830
gambling device.	2831

(B) For purposes of division (A)(1) of this section, a person	2832
facilitates bookmaking if the person in any way knowingly aids an	2833
illegal bookmaking operation, including, without limitation,	2834
placing a bet with a person engaged in or facilitating illegal	2835
bookmaking. For purposes of division (A)(2) of this section, a	2836
person facilitates a game of chance conducted for profit or a	2837
scheme of chance if the person in any way knowingly aids in the	2838
conduct or operation of any such game or scheme, including,	2839
without limitation, playing any such game or scheme.	2840

(C) This section does not prohibit conduct in connection with	2841
gambling expressly permitted by law.	2842

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

2843

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

2844

(a) The games of chance are not craps for money or roulette	2845
for money.	2846

(b) The games of chance are conducted by a charitable	2847
organization that is, and has received from the internal revenue	2848
service a determination letter that is currently in effect,	2849
stating that the organization is, exempt from federal income	2850
taxation under subsection 501(a) and described in subsection	2851
501(c)(3) of the Internal Revenue Code.	2852

(c) The games of chance are conducted at festivals of the	2853
charitable organization that are conducted either for a period of	2854
four consecutive days or less and not more than twice a year or	2855
for a period of five consecutive days not more than once a year,	2856
and are conducted on premises owned by the charitable organization	2857
for a period of no less than one year immediately preceding the	2858
conducting of the games of chance, on premises leased from a	2859
governmental unit, or on premises that are leased from a veteran's	2860
or fraternal organization and that have been owned by the lessor	2861
veteran's or fraternal organization for a period of no less than	2862
one year immediately preceding the conducting of the games of	2863
chance.	2864

A charitable organization shall not lease premises from a	2865
veteran's or fraternal organization to conduct a festival	2866
described in division (D)(1)(c) of this section if the veteran's	2867
or fraternal organization already has leased the premises ~~four~~	2868
twelve times during the preceding year to charitable organizations	2869
for that purpose. If a charitable organization leases premises	2870
from a veteran's or fraternal organization to conduct a festival	2871
described in division (D)(1)(c) of this section, the charitable	2872
organization shall not pay a rental rate for the premises per day	2873
of the festival that exceeds the rental rate per bingo session	2874
that a charitable organization may pay under division (B)(1) of	2875
section 2915.09 of the Revised Code when it leases premises from	2876
another charitable organization to conduct bingo games.	2877

(d) All of the money or assets received from the games of	2878
chance after deduction only of prizes paid out during the conduct	2879
of the games of chance are used by, or given, donated, or	2880
otherwise transferred to, any organization that is described in	2881
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	2882
Revenue Code and is either a governmental unit or an organization	2883
that is tax exempt under subsection 501(a) and described in	2884
subsection 501(c)(3) of the Internal Revenue Code;	2885

(e) The games of chance are not conducted during, or within	2886
ten hours of, a bingo game conducted for amusement purposes only	2887
pursuant to section 2915.12 of the Revised Code.	2888

No person shall receive any commission, wage, salary, reward,	2889
tip, donation, gratuity, or other form of compensation, directly	2890
or indirectly, for operating or assisting in the operation of any	2891
game of chance.	2892

(2) Any tag fishing tournament operated under a permit issued	2893
under section 1533.92 of the Revised Code, as "tag fishing	2894
tournament" is defined in section 1531.01 of the Revised Code;	2895

(3) Bingo conducted by a charitable organization that holds a	2896
license issued under section 2915.08 of the Revised Code;	2897

(4) Casino gaming as defined by and conducted under Chapter	2898
3772. of the Revised Code.	2899

(E) Division (D) of this section shall not be construed to	2900
authorize the sale, lease, or other temporary or permanent	2901
transfer of the right to conduct games of chance, as granted by	2902
that division, by any charitable organization that is granted that	2903
right.	2904

(F) Whoever violates this section is guilty of gambling, a	2905
misdemeanor of the first degree. If the offender previously has	2906
been convicted of any gambling offense, gambling is a felony of	2907
the fifth degree.	2908

Sec. 2915.061. Any regulation of skill-based amusement	2909
machines shall be governed by ~~this chapter~~Chapter 3772. and not	2910
by Chapter 1345. of the Revised Code.	2911

Sec. 2915.08. (A)(1) Annually before the first day of	2912
January, a charitable organization that desires to conduct bingo,	2913
instant bingo at a bingo session, or instant bingo other than at a	2914
bingo session shall make out, upon a form to be furnished by the	2915
attorney general for that purpose, an application for a license to	2916
conduct bingo, instant bingo at a bingo session, or instant bingo	2917
other than at a bingo session and deliver that application to the	2918
attorney general together with a license fee as follows:	2919

(a) Except as otherwise provided in this division, for a	2920
license for the conduct of bingo, two hundred dollars;	2921

(b) For a license for the conduct of instant bingo at a bingo	2922
session or instant bingo other than at a bingo session for a	2923
charitable organization that previously has not been licensed	2924
under this chapter to conduct instant bingo at a bingo session or	2925
instant bingo other than at a bingo session, a license fee of five	2926
hundred dollars, and for any other charitable organization, a	2927
license fee that is based upon the gross profits received by the	2928
charitable organization from the operation of instant bingo at a	2929
bingo session or instant bingo other than at a bingo session,	2930
during the one-year period ending on the thirty-first day of	2931
October of the year immediately preceding the year for which the	2932
license is sought, and that is one of the following:	2933

(i) Five hundred dollars, if the total is fifty thousand	2934
dollars or less;	2935

(ii) One thousand two hundred fifty dollars plus one-fourth	2936
per cent of the gross profit, if the total is more than fifty	2937
thousand dollars but less than two hundred fifty thousand one	2938
dollars;	2939

(iii) Two thousand two hundred fifty dollars plus one-half	2940
per cent of the gross profit, if the total is more than two	2941
hundred fifty thousand dollars but less than five hundred thousand	2942
one dollars;	2943

(iv) Three thousand five hundred dollars plus one per cent of	2944
the gross profit, if the total is more than five hundred thousand	2945
dollars but less than one million one dollars;	2946

(v) Five thousand dollars plus one per cent of the gross	2947
profit, if the total is one million one dollars or more;	2948

(c) A reduced license fee established by the attorney general	2949
pursuant to division (G) of this section.	2950

(d) For a license to conduct bingo for a charitable	2951
organization that prior to ~~the effective date of this amendment~~	2952
July 1, 2003, has not been licensed under this chapter to conduct	2953
bingo, instant bingo at a bingo session, or instant bingo other	2954
than at a bingo session, a license fee established by rule by the	2955
attorney general in accordance with division (H) of this section.	2956

(2) The application shall be in the form prescribed by the	2957
attorney general, shall be signed and sworn to by the applicant,	2958
and shall contain all of the following:	2959

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

2960

(b) A statement that the applicant is a charitable	2961
organization and that, if applicable, it has been in continuous	2962
existence as a charitable organization in this state for two years	2963
immediately preceding the making of the application or for five	2964
years in the case of ~~a fraternal organization or~~ a nonprofit	2965
medical organization;	2966

(c) The location at which the organization will conduct	2967
bingo, which location shall be within the county in which the	2968
principal place of business of the applicant is located, the days	2969
of the week and the times on each of those days when bingo will be	2970
conducted, whether the organization owns, leases, or subleases the	2971
premises, and a copy of the rental agreement if it leases or	2972
subleases the premises;	2973

(d) A statement of the applicant's previous history, record,	2974
and association that is sufficient to establish that the applicant	2975
is a charitable organization, and a copy of a determination letter	2976
that is issued by the Internal Revenue Service and states that the	2977
organization is tax exempt under subsection 501(a) and described	2978
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	2979
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	2980

(e) A statement as to whether the applicant has ever had any	2981
previous application refused, whether it previously has had a	2982
license revoked or suspended, and the reason stated by the	2983
attorney general for the refusal, revocation, or suspension;	2984

(f) A statement of the charitable purposes for which the net	2985
profit derived from bingo, other than instant bingo, will be used,	2986
and a statement of how the net profit derived from instant bingo	2987
will be distributed in accordance with section 2915.101 of the	2988
Revised Code;	2989

(g) Other necessary and reasonable information that the	2990
attorney general may require by rule adopted pursuant to section	2991
111.15 of the Revised Code;	2992

(h) If the applicant is a charitable trust as defined in	2993
section 109.23 of the Revised Code, a statement as to whether it	2994
has registered with the attorney general pursuant to section	2995
109.26 of the Revised Code or filed annual reports pursuant to	2996
section 109.31 of the Revised Code, and, if it is not required to	2997
do either, the exemption in section 109.26 or 109.31 of the	2998
Revised Code that applies to it;	2999

(i) If the applicant is a charitable organization as defined	3000
in section 1716.01 of the Revised Code, a statement as to whether	3001
it has filed with the attorney general a registration statement	3002
pursuant to section 1716.02 of the Revised Code and a financial	3003
report pursuant to section 1716.04 of the Revised Code, and, if it	3004
is not required to do both, the exemption in section 1716.03 of	3005
the Revised Code that applies to it;	3006

(j) In the case of an applicant seeking to qualify as a youth	3007
athletic park organization, a statement issued by a board or body	3008
vested with authority under Chapter 755. of the Revised Code for	3009
the supervision and maintenance of recreation facilities in the	3010
territory in which the organization is located, certifying that	3011
the playing fields owned by the organization were used for at	3012
least one hundred days during the year in which the statement is	3013
issued, and were open for use to all residents of that territory,	3014
regardless of race, color, creed, religion, sex, or national	3015
origin, for athletic activities by youth athletic organizations	3016
that do not discriminate on the basis of race, color, creed,	3017
religion, sex, or national origin, and that the fields were not	3018
used for any profit-making activity at any time during the year.	3019
That type of board or body is authorized to issue the statement	3020
upon request and shall issue the statement if it finds that the	3021
applicant's playing fields were so used.	3022

(3) The attorney general, within thirty days after receiving	3023
a timely filed application from a charitable organization that has	3024
been issued a license under this section that has not expired and	3025
has not been revoked or suspended, shall send a temporary permit	3026
to the applicant specifying the date on which the application was	3027
filed with the attorney general and stating that, pursuant to	3028
section 119.06 of the Revised Code, the applicant may continue to	3029
conduct bingo until a new license is granted or, if the	3030
application is rejected, until fifteen days after notice of the	3031
rejection is mailed to the applicant. The temporary permit does	3032
not affect the validity of the applicant's application and does	3033
not grant any rights to the applicant except those rights	3034
specifically granted in section 119.06 of the Revised Code. The	3035
issuance of a temporary permit by the attorney general pursuant to	3036
this division does not prohibit the attorney general from	3037
rejecting the applicant's application because of acts that the	3038
applicant committed, or actions that the applicant failed to take,	3039
before or after the issuance of the temporary permit.	3040

(4) Within thirty days after receiving an initial license	3041
application from a charitable organization to conduct bingo,	3042
instant bingo at a bingo session, or instant bingo other than at a	3043
bingo session, the attorney general shall conduct a preliminary	3044
review of the application and notify the applicant regarding any	3045
deficiencies. Once an application is deemed complete, or beginning	3046
on the thirtieth day after the application is filed, if the	3047
attorney general failed to notify the applicant of any	3048
deficiencies, the attorney general shall have an additional sixty	3049
days to conduct an investigation and either grant or deny the	3050
application based on findings established and communicated in	3051
accordance with divisions (B) and (E) of this section. As an	3052
option to granting or denying an initial license application, the	3053
attorney general may grant a temporary license and request	3054
additional time to conduct the investigation if the attorney	3055
general has cause to believe that additional time is necessary to	3056
complete the investigation and has notified the applicant in	3057
writing about the specific concerns raised during the	3058
investigation.	3059

(B)(1) The attorney general shall adopt rules to enforce	3060
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	3061
Code to ensure that bingo or, instant bingo is, games of chance	3062
conducted for profit, and raffles are conducted in accordance with	3063
those sections and to maintain proper control over the conduct of	3064
bingo or, instant bingo, games of chance conducted for profit, and	3065
raffles. The rules, except rules adopted pursuant to divisions	3066
(A)(2)(g) and (G) of this section, shall be adopted pursuant to	3067
Chapter 119. of the Revised Code. The attorney general shall	3068
license charitable organizations to conduct bingo, instant bingo	3069
at a bingo session, or instant bingo other than at a bingo session	3070
in conformance with this chapter and with the licensing provisions	3071
of Chapter 119. of the Revised Code.	3072

(2) The attorney general may refuse to grant a license to any	3073
organization, or revoke or suspend the license of any	3074
organization, that does any of the following or to which any of	3075
the following applies:	3076

(a) Fails or has failed at any time to meet any requirement	3077
of section 109.26, 109.31, or 1716.02, or sections ~~2915.07~~2915.02	3078
to 2915.11 of the Revised Code, or violates or has violated any	3079
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	3080
Code or any rule adopted by the attorney general pursuant to this	3081
section;	3082

(b) Makes or has made an incorrect or false statement that is	3083
material to the granting of the license in an application filed	3084
pursuant to division (A) of this section;	3085

(c) Submits or has submitted any incorrect or false	3086
information relating to an application if the information is	3087
material to the granting of the license;	3088

(d) Maintains or has maintained any incorrect or false	3089
information that is material to the granting of the license in the	3090
records required to be kept pursuant to divisions (A) and (C) of	3091
section 2915.10 of the Revised Code, if applicable;	3092

(e) The attorney general has good cause to believe that the	3093
organization will not conduct bingo, instant bingo at a bingo	3094
session, or instant bingo other than at a bingo session in	3095
accordance with sections 2915.07 to 2915.13 of the Revised Code or	3096
with any rule adopted by the attorney general pursuant to this	3097
section.	3098

(3) For the purposes of division (B) of this section, any	3099
action of an officer, trustee, agent, representative, or bingo	3100
game operator of an organization is an action of the organization.	3101

(C) The attorney general may grant licenses to charitable	3102
organizations that are branches, lodges, or chapters of national	3103
charitable organizations.	3104

(D) The attorney general shall send notice in writing or	3105
provide notice on the attorney general's web site to the	3106
prosecuting attorney and sheriff of the county in which the	3107
organization will conduct bingo, instant bingo at a bingo session,	3108
or instant bingo other than at a bingo session, as stated in its	3109
application for a license or amended license, and to any other law	3110
enforcement agency in that county that so requests, of all of the	3111
following:	3112

(1) The issuance of the license;

3113

(2) The issuance of the amended license;

3114

(3) The rejection of an application for and refusal to grant	3115
a license;	3116

(4) The revocation of any license previously issued;

3117

(5) The suspension of any license previously issued.

3118

(E) A license issued by the attorney general shall set forth	3119
the information contained on the application of the charitable	3120
organization that the attorney general determines is relevant,	3121
including, but not limited to, the location at which the	3122
organization will conduct bingo, instant bingo at a bingo session,	3123
or instant bingo other than at a bingo session and the days of the	3124
week and the times on each of those days when bingo will be	3125
conducted. If the attorney general refuses to grant or revokes or	3126
suspends a license, the attorney general shall notify the	3127
applicant in writing and specifically identify the reason for the	3128
refusal, revocation, or suspension in narrative form and, if	3129
applicable, by identifying the section of the Revised Code	3130
violated. The failure of the attorney general to give the written	3131
notice of the reasons for the refusal, revocation, or suspension	3132
or a mistake in the written notice does not affect the validity of	3133
the attorney general's refusal to grant, or the revocation or	3134
suspension of, a license. If the attorney general fails to give	3135
the written notice or if there is a mistake in the written notice,	3136
the applicant may bring an action to compel the attorney general	3137
to comply with this division or to correct the mistake, but the	3138
attorney general's order refusing to grant, or revoking or	3139
suspending, a license shall not be enjoined during the pendency of	3140
the action.	3141

(F) A charitable organization that has been issued a license	3142
pursuant to division (B) of this section but that cannot conduct	3143
bingo or instant bingo at the location, or on the day of the week	3144
or at the time, specified on the license due to circumstances that	3145
make it impractical to do so may apply in writing, together with	3146
an application fee of two hundred fifty dollars, to the attorney	3147
general, at least thirty days prior to a change in location, day	3148
of the week, or time, and request an amended license. The	3149
application shall describe the causes making it impractical for	3150
the organization to conduct bingo or instant bingo in conformity	3151
with its license and shall indicate the location, days of the	3152
week, and times on each of those days when it desires to conduct	3153
bingo or instant bingo. Except as otherwise provided in this	3154
division, the attorney general shall issue the amended license in	3155
accordance with division (E) of this section, and the organization	3156
shall surrender its original license to the attorney general. The	3157
attorney general may refuse to grant an amended license according	3158
to the terms of division (B) of this section.	3159

(G) The attorney general, by rule adopted pursuant to section	3160
111.15 of the Revised Code, shall establish a schedule of reduced	3161
license fees for charitable organizations that desire to conduct	3162
bingo or instant bingo during fewer than twenty-six weeks in any	3163
calendar year.	3164

(H) The attorney general, by rule adopted pursuant to section	3165
111.15 of the Revised Code, shall establish license fees for the	3166
conduct of bingo, instant bingo at a bingo session, or instant	3167
bingo other than at a bingo session for charitable organizations	3168
that prior to ~~the effective date of this amendment~~July 1, 2003,	3169
have not been licensed to conduct bingo, instant bingo at a bingo	3170
session, or instant bingo other than at a bingo session under this	3171
chapter.	3172

(I) The attorney general may enter into a written contract	3173
with any other state agency to delegate to that state agency the	3174
powers prescribed to the attorney general under Chapter 2915. of	3175
the Revised Code.	3176

(J) The attorney general, by rule adopted pursuant to section	3177
111.15 of the Revised Code, may adopt rules to determine the	3178
requirements for a charitable organization that is exempt from	3179
federal income taxation under subsection 501(a) and described in	3180
subsection 501(c)(3) of the Internal Revenue Code to be in good	3181
standing in the state.	3182

Sec. 2915.081. (A) No distributor shall sell, offer to sell,	3183
or otherwise provide or offer to provide bingo supplies to another	3184
person, or modify, convert, add to, or remove parts from bingo	3185
supplies to further their promotion or sale, for use in this state	3186
without having obtained a license from the attorney general under	3187
this section.	3188

(B) The attorney general may issue a distributor license to	3189
any person that meets the requirements of this section. The	3190
application for the license shall be on a form prescribed by the	3191
attorney general and be accompanied by the annual fee prescribed	3192
by this section. The license is valid for a period of one year,	3193
and the annual fee for the license is five thousand dollars.	3194

(C) The attorney general may refuse to issue a distributor	3195
license to any person to which any of the following applies, or to	3196
any person that has an officer, partner, or other person who has	3197
an ownership interest of ten per cent or more and to whom any of	3198
the following applies:	3199

(1) The person, officer, or partner has been convicted of a	3200
felony under the laws of this state, another state, or the United	3201
States.	3202

(2) The person, officer, or partner has been convicted of any	3203
gambling offense.	3204

(3) The person, officer, or partner has made an incorrect or	3205
false statement that is material to the granting of a license in	3206
an application submitted to the attorney general under this	3207
section or in a similar application submitted to a gambling	3208
licensing authority in another jurisdiction if the statement	3209
resulted in license revocation through administrative action in	3210
the other jurisdiction.	3211

(4) The person, officer, or partner has submitted any	3212
incorrect or false information relating to the application to the	3213
attorney general under this section, if the information is	3214
material to the granting of the license.	3215

(5) The person, officer, or partner has failed to correct any	3216
incorrect or false information that is material to the granting of	3217
the license in the records required to be maintained under	3218
division (E) of section 2915.10 of the Revised Code.	3219

(6) The person, officer, or partner has had a license related	3220
to gambling revoked or suspended under the laws of this state,	3221
another state, or the United States.	3222

(D) The attorney general shall not issue a distributor	3223
license to any person that is involved in the conduct of bingo on	3224
behalf of a charitable organization or that is a lessor of	3225
premises used for the conduct of bingo. This division does not	3226
prohibit a distributor from advising charitable organizations on	3227
the use and benefit of specific bingo supplies or prohibit a	3228
distributor from advising a customer on operational methods to	3229
improve bingo profitability.	3230

(E)(1) No distributor shall sell, offer to sell, or otherwise	3231
provide or offer to provide bingo supplies to any person, or	3232
modify, convert, add to, or remove parts from bingo supplies to	3233
further their promotion or sale, for use in this state except to	3234
or for the use of a charitable organization that has been issued a	3235
license under section 2915.08 of the Revised Code or to another	3236
distributor that has been issued a license under this section, or,	3237
in the case of durable bingo equipment, to a lessor that has been	3238
issued a license under section 2915.083 of the Revised Code. No	3239
distributor shall accept payment for the sale or other provision	3240
of bingo supplies other than by check or electronic fund transfer.	3241

(2) No distributor may donate, give, loan, lease, or	3242
otherwise provide any bingo supplies or equipment, or modify,	3243
convert, add to, or remove parts from bingo supplies to further	3244
their promotion or sale, to or for the use of a charitable	3245
organization for use in a bingo session conditioned on or in	3246
consideration for an exclusive right to provide bingo supplies to	3247
the charitable organization. A distributor may provide a licensed	3248
charitable organization with free samples of the distributor's	3249
products to be used as prizes or to be used for the purpose of	3250
sampling.	3251

(3) No distributor shall purchase bingo supplies for use in	3252
this state from any person except from a manufacturer issued a	3253
license under section 2915.082 of the Revised Code or from another	3254
distributor issued a license under this section. Subject to	3255
division (D) of section 2915.082 of the Revised Code, no	3256
distributor shall pay for purchased bingo supplies other than by	3257
check or electronic fund transfer.	3258

(4) No distributor shall participate in the conduct of bingo	3259
on behalf of a charitable organization or have any direct or	3260
indirect ownership interest in a premises used for the conduct of	3261
bingo.	3262

(5) No distributor shall knowingly solicit, offer, pay, or	3263
receive any kickback, bribe, or undocumented rebate, directly or	3264
indirectly, overtly or covertly, in cash or in kind, in return for	3265
providing bingo supplies to any person in this state.	3266

(F) The attorney general may suspend or revoke a distributor	3267
license for any of the reasons for which the attorney general may	3268
refuse to issue a distributor license specified in division (C) of	3269
this section or if the distributor holding the license violates	3270
any provision of this chapter or any rule adopted by the attorney	3271
general under this chapter.	3272

(G) Whoever violates division (A) or (E) of this section is	3273
guilty of illegally operating as a distributor. Except as	3274
otherwise provided in this division, illegally operating as a	3275
distributor is a misdemeanor of the first degree. If the offender	3276
previously has been convicted of a violation of division (A) or	3277
(E) of this section, illegally operating as a distributor is a	3278
felony of the fifth degree.	3279

Sec. 2915.082. (A) No manufacturer shall sell, offer to	3280
sell, or otherwise provide or offer to provide bingo supplies for	3281
use in this state without having obtained a license from the	3282
attorney general under this section.	3283

(B) The attorney general may issue a manufacturer license to	3284
any person that meets the requirements of this section. The	3285
application for the license shall be on a form prescribed by the	3286
attorney general and be accompanied by the annual fee prescribed	3287
by this section. The license is valid for a period of one year,	3288
and the annual fee for the license is five thousand dollars.	3289

(C) The attorney general may refuse to issue a manufacturer	3290
license to any person to which any of the following applies, or to	3291
any person that has an officer, partner, or other person who has	3292
an ownership interest of ten per cent or more and to whom any of	3293
the following applies:	3294

(1) The person, officer, or partner has been convicted of a	3295
felony under the laws of this state, another state, or the United	3296
States.	3297

(2) The person, officer, or partner has been convicted of any	3298
gambling offense.	3299

(3) The person, officer, or partner has made an incorrect or	3300
false statement that is material to the granting of a license in	3301
an application submitted to the attorney general under this	3302
section or in a similar application submitted to a gambling	3303
licensing authority in another jurisdiction if the statement	3304
resulted in license revocation through administrative action in	3305
the other jurisdiction.	3306

(4) The person, officer, or partner has submitted any	3307
incorrect or false information relating to the application to the	3308
attorney general under this section, if the information is	3309
material to the granting of the license.	3310

(5) The person, officer, or partner has failed to correct any	3311
incorrect or false information that is material to the granting of	3312
the license in the records required to be maintained under	3313
division (F) of section 2915.10 of the Revised Code.	3314

(6) The person, officer, or partner has had a license related	3315
to gambling revoked or suspended under the laws of this state,	3316
another state, or the United States.	3317

(D)(1) No manufacturer shall sell, offer to sell, or	3318
otherwise provide or offer to provide bingo supplies to any person	3319
for use in this state except to a distributor that has been issued	3320
a license under section 2915.081 of the Revised Code. No	3321
manufacturer shall accept payment for the sale of bingo supplies	3322
other than by check or electronic fund transfer.	3323

(2) No manufacturer shall knowingly solicit, offer, pay, or	3324
receive any kickback, bribe, or undocumented rebate, directly or	3325
indirectly, overtly or covertly, in cash or in kind, in return for	3326
providing bingo supplies to any person in this state.	3327

(E)(1) The attorney general may suspend or revoke a	3328
manufacturer license for any of the reasons for which the attorney	3329
general may refuse to issue a manufacturer license specified in	3330
division (C) of this section or if the manufacturer holding the	3331
license violates any provision of this chapter or any rule adopted	3332
by the attorney general under this chapter.	3333

(2) The attorney general may perform an onsite inspection of	3334
a manufacturer of bingo supplies that is selling, offering to	3335
sell, or otherwise providing or offering to provide bingo supplies	3336
or that is applying for a license to sell, offer to sell, or	3337
otherwise provide or offer to provide bingo supplies in this	3338
state.	3339

(F) Whoever violates division (A) or (D) of this section is	3340
guilty of illegally operating as a manufacturer. Except as	3341
otherwise provided in this division, illegally operating as a	3342
manufacturer is a misdemeanor of the first degree. If the offender	3343
previously has been convicted of a violation of division (A) or	3344
(D) of this section, illegally operating as a manufacturer is a	3345
felony of the fifth degree.	3346

Sec. 2915.083. (A) No lessor shall purchase, obtain, possess,	3347
sell, offer to sell, lease, or otherwise provide or offer to	3348
provide durable bingo equipment to another person or lease or	3349
provide premises for the conduct of bingo as described in division	3350
(S)(1) of section 2915.01 of the Revised Code to more than one	3351
charitable organization without having obtained a license from the	3352
attorney general under this section. No license is needed for a	3353
lessor that does not purchase, obtain, possess, sell, offer to	3354
sell, lease, or otherwise provides or offers to provide durable	3355
bingo equipment or leases or provides premises for the conduct of	3356
bingo as described in division (S)(1) of section 2915.01 of the	3357
Revised Code to less than two charitable organizations.	3358

(B) The attorney general may issue a lessor license to any	3359
person that meets the requirements of this section. The	3360
application for the license shall be on a form prescribed by the	3361
attorney general and be accompanied by the annual fee prescribed	3362
by this section. The license is valid for a period of one year,	3363
and the annual fee for the license is five hundred dollars.	3364

(C) The attorney general may refuse to issue a lessor license	3365
to any person to which any of the following applies or to any	3366
person that has an officer, partner, or other person who has an	3367
ownership interest of ten per cent or more and to whom any of the	3368
following applies:	3369

(1) The person, officer, or partner is not a lessor as	3370
defined in section 2915.01 of the Revised Code.	3371

(2) The person, officer, or partner leases or has leased	3372
premises to a charitable organization to conduct bingo as defined	3373
in division (S)(1) of section 2915.01 of the Revised Code in	3374
excess of allowable rental amounts under division (B)(1) of	3375
section 2915.09 of the Revised Code.	3376

(3) The person, officer, or partner provides or has provided	3377
bingo game operators, security personnel, concessions, bingo	3378
supplies other than durable bingo equipment, or any other type of	3379
service to a charitable organization conducting bingo on the	3380
premises.	3381

(4) The person, officer, or partner provides or has provided	3382
durable bingo equipment to a charitable organization conducting	3383
bingo on the premises without first obtaining a license under this	3384
section.	3385

(5) The person, officer, or partner has been convicted of a	3386
felony under the laws of this state, another state, or the United	3387
States.	3388

(6) The person, officer, or partner has been convicted of any	3389
gambling offense.	3390

(7) The person, officer, or partner has made an incorrect or	3391
false statement that is material to the granting of a license in	3392
an application submitted to the attorney general under this	3393
section or in a similar application submitted to a gambling	3394
licensing authority in another jurisdiction if the statement	3395
resulted in license revocation through administrative action in	3396
the other jurisdiction.	3397

(8) The person, officer, or partner has submitted any	3398
incorrect or false information relating to the application to the	3399
attorney general under this section, if the information is	3400
material to the granting of a license.	3401

(9) The person, officer, or partner has failed to correct any	3402
incorrect or false information that is material to the granting of	3403
the license in the records required to be maintained under	3404
division (H) of section 2915.10 of the Revised Code.	3405

(D) The attorney general shall not issue a lessor license to	3406
any person that is involved in the conduct of bingo on behalf of a	3407
charitable organization. This division does not prohibit a lessor	3408
from leasing the premises used for the conduct of bingo to a	3409
licensed charitable organization or from providing durable bingo	3410
equipment and training to a charitable organization's bingo game	3411
operators on the proper use and maintenance of durable bingo	3412
equipment. This division does not prohibit a lessor from repairing	3413
durable bingo equipment at any time, including during a bingo	3414
session.	3415

(E)(1) No lessor shall sell, offer to sell, or otherwise	3416
provide or offer to provide durable bingo equipment to any person,	3417
except to and for the use of a charitable organization that has	3418
been issued a license under section 2915.08 of the Revised Code.	3419
No lessor shall accept payment for the sale, lease, or other	3420
provision of durable bingo equipment other than by check.	3421

(2) No lessor shall purchase durable bingo equipment from any	3422
person except from a distributor issued a license under section	3423
2915.081 of the Revised Code. No lessor shall pay for durable	3424
bingo equipment other than by check.	3425

(3) No lessor shall participate in the conduct of bingo on	3426
behalf of a charitable organization.	3427

(4) No lessor shall knowingly solicit, offer, pay, or receive	3428
any kickback, bribe, or undocumented rebate, directly or	3429
indirectly, overtly or covertly, in cash or in kind, in return	3430
from providing durable bingo equipment to any person in this	3431
state.	3432

(F) The attorney general may suspend or revoke a lessor	3433
license for any of the reasons for which the attorney general may	3434
refuse to issue a lessor license specified in division (C) of this	3435
section or if the lessor holding the license violates any	3436
provision of this chapter or any rule adopted by the attorney	3437
general under this chapter.	3438

(G) Whoever violates division (A) or (E) of this section is	3439
guilty of illegally operating as a lessor. Except as otherwise	3440
provided in this division, illegally operating as a lessor is a	3441
misdemeanor of the first degree. If the offender has previously	3442
been convicted of a violation of division (A) or (E) of this	3443
section, illegally operating as a lessor is a felony of the fifth	3444
degree.	3445

Sec. 2915.09. (A) No charitable organization that conducts	3446
bingo shall fail to do any of the following:	3447

(1) Own all of the equipment used to conduct bingo or lease	3448
that equipment from a charitable organization that is licensed to	3449
conduct bingo, or, for durable bingo equipment, from the licensed	3450
lessor of a premises where bingo is conducted, for a rental rate	3451
that is not more than is customary and reasonable for that	3452
equipment;	3453

(2) Except as otherwise provided in division (A)(3) of this	3454
section, use all of the gross receipts from bingo for paying	3455
prizes, for reimbursement of expenses for or for renting premises	3456
in which to conduct a bingo session, for reimbursement of expenses	3457
for or for purchasing or leasing bingo supplies used in conducting	3458
bingo, for reimbursement of expenses for or for hiring security	3459
personnel, for reimbursement of expenses for or for advertising	3460
bingo, or for reimbursement of other expenses or for other	3461
expenses listed in division (LL) of section 2915.01 of the Revised	3462
Code, provided that the amount of the receipts so spent is not	3463
more than is customary and reasonable for a similar purchase,	3464
lease, hiring, advertising, or expense. If the building in which	3465
bingo is conducted is owned by the charitable organization	3466
conducting bingo and the bingo conducted includes a form of bingo	3467
described in division (S)(1) of section 2915.01 of the Revised	3468
Code, the charitable organization may deduct from the total amount	3469
of the gross receipts from each session a sum equal to the lesser	3470
of six hundred dollars or forty-five per cent of the gross	3471
receipts from the bingo described in that division as	3472
consideration for the use of the premises.	3473

(3) Use, or give, donate, or otherwise transfer, all of the	3474
net profit derived from bingo, other than instant bingo, for a	3475
charitable purpose listed in its license application and described	3476
in division (Z) of section 2915.01 of the Revised Code, or	3477
distribute all of the net profit from the proceeds of the sale of	3478
instant bingo as stated in its license application and in	3479
accordance with section 2915.101 of the Revised Code.	3480

(B) No charitable organization that conducts a bingo game	3481
described in division (S)(1) of section 2915.01 of the Revised	3482
Code shall fail to do any of the following:	3483

(1) Conduct the bingo game on premises that are owned by the	3484
charitable organization, on premises that are owned by another	3485
charitable organization and leased from that charitable	3486
organization for a rental rate not in excess of the lesser of six	3487
hundred dollars per bingo session or forty-five per cent of the	3488
gross receipts of the bingo session, on premises that are leased	3489
from a person other than a charitable organization for a rental	3490
rate that is not more than is customary and reasonable for	3491
premises that are similar in location, size, and quality but not	3492
in excess of four hundred fifty dollars per bingo session, or on	3493
premises that are owned by a person other than a charitable	3494
organization, that are leased from that person by another	3495
charitable organization, and that are subleased from that other	3496
charitable organization by the charitable organization for a	3497
rental rate not in excess of four hundred fifty dollars per bingo	3498
session. In no case shall a charitable organization pay property	3499
taxes or assessments on premises that the charitable organization	3500
leases from another person to conduct bingo. If the charitable	3501
organization leases from a person other than a charitable	3502
organization the premises on which it conducts bingo sessions, the	3503
lessor of the premises shall provide ~~only~~ the premises to the	3504
organization and shall not provide the organization with bingo	3505
game operators, security personnel, concessions or concession	3506
operators, bingo supplies, or any other type of service or	3507
~~equipment~~, except in the case of a licensed lessor providing	3508
durable bingo equipment under section 2915.083 of the Revised	3509
Code. A charitable organization shall not lease or sublease	3510
premises that it owns or leases to more than one other charitable	3511
organization per calendar week for the purpose of conducting bingo	3512
sessions on the premises. A person that is not a charitable	3513
organization shall not lease premises that it owns, leases, or	3514
otherwise is empowered to lease to more than ~~one~~three charitable	3515
~~organization~~organizations per calendar week for conducting bingo	3516
sessions on the premises. In no case shall more than ~~two~~nine	3517
bingo sessions be conducted on any premises in any calendar week.	3518

(2) Display its license conspicuously at the premises where	3519
the bingo session is conducted;	3520

(3) Conduct the bingo session in accordance with the	3521
definition of bingo set forth in division (S)(1) of section	3522
2915.01 of the Revised Code.	3523

(C) No charitable organization that conducts a bingo game	3524
described in division (S)(1) of section 2915.01 of the Revised	3525
Code shall do any of the following:	3526

(1) Pay any compensation to a bingo game operator for	3527
operating a bingo session that is conducted by the charitable	3528
organization or for preparing, selling, or serving food or	3529
beverages at the site of the bingo session, permit any auxiliary	3530
unit or society of the charitable organization to pay compensation	3531
to any bingo game operator who prepares, sells, or serves food or	3532
beverages at a bingo session conducted by the charitable	3533
organization, or permit any auxiliary unit or society of the	3534
charitable organization to prepare, sell, or serve food or	3535
beverages at a bingo session conducted by the charitable	3536
organization, if the auxiliary unit or society pays any	3537
compensation to the bingo game operators who prepare, sell, or	3538
serve the food or beverages;	3539

(2) Pay consulting fees to any person for any services	3540
performed in relation to the bingo session;	3541

(3) Pay concession fees to any person who provides	3542
refreshments to the participants in the bingo session;	3543

(4) Except as otherwise provided in division (C)(4) of this	3544
section, conduct more than ~~two~~three bingo sessions in any	3545
seven-day period. A volunteer firefighter's organization or a	3546
volunteer rescue service organization that conducts not more than	3547
five bingo sessions in a calendar year may conduct more than ~~two~~	3548
three bingo sessions in a seven-day period after notifying the	3549
attorney general when it will conduct the sessions.	3550

(5) Pay out more than ~~three~~six thousand ~~five hundred~~ dollars	3551
in prizes for bingo games described in division (S)(1) of section	3552
2915.01 of the Revised Code during any bingo session that is	3553
conducted by the charitable organization. "Prizes" does not	3554
include awards from the conduct of instant bingo.	3555

(6) Conduct a bingo session at any time during the ten-hour	3556
period between midnight and ten a.m., at any time during, or	3557
within ten hours of, a bingo game conducted for amusement only	3558
pursuant to section 2915.12 of the Revised Code, at any premises	3559
not specified on its license, or on any day of the week or during	3560
any time period not specified on its license. Division (A)(6) of	3561
this section does not prohibit the sale of instant bingo tickets	3562
beginning at nine a.m. for a bingo session that begins at ten a.m.	3563
If circumstances make it impractical for the charitable	3564
organization to conduct a bingo session at the premises, or on the	3565
day of the week or at the time, specified on its license or if a	3566
charitable organization wants to conduct bingo sessions on a day	3567
of the week or at a time other than the day or time specified on	3568
its license, the charitable organization may apply in writing to	3569
the attorney general for an amended license pursuant to division	3570
(F) of section 2915.08 of the Revised Code. A charitable	3571
organization may apply twice in each calendar year for an amended	3572
license to conduct bingo sessions on a day of the week or at a	3573
time other than the day or time specified on its license. If the	3574
amended license is granted, the organization may conduct bingo	3575
sessions at the premises, on the day of the week, and at the time	3576
specified on its amended license.	3577

(7) Permit any person whom the charitable organization knows,	3578
or should have known, is under the age of eighteen to work as a	3579
bingo game operator;	3580

(8) Permit any person whom the charitable organization knows,	3581
or should have known, has been convicted of a felony or gambling	3582
offense in any jurisdiction to be a bingo game operator;	3583

(9) Permit the lessor of the premises on which the bingo	3584
session is conducted, if the lessor is not a charitable	3585
organization, to provide the charitable organization with bingo	3586
game operators, security personnel, concessions, bingo supplies,	3587
or any other type of service ~~or equipment~~, except in the case of a	3588
licensed lessor providing durable bingo equipment under section	3589
2915.083 of the Revised Code;	3590

(10) Purchase or lease bingo supplies from any person except	3591
a distributor issued a license under section 2915.081 of the	3592
Revised Code, except a charitable organization may purchase or	3593
lease durable bingo equipment from a lessor licensed under section	3594
2915.083 of the Revised Code;	3595

(11)(a) Use or permit the use of electronic bingo aids except	3596
under the following circumstances:	3597

(i) For any single participant, not more than ninety bingo	3598
faces can be played using an electronic bingo aid or aids.	3599

(ii) The charitable organization shall provide a participant	3600
using an electronic bingo aid with corresponding paper bingo cards	3601
or sheets.	3602

(iii) The total price of bingo faces played with an	3603
electronic bingo aid shall be equal to the total price of the same	3604
number of bingo faces played with a paper bingo card or sheet sold	3605
at the same bingo session but without an electronic bingo aid.	3606

(iv) An electronic bingo aid cannot be part of an electronic	3607
network other than a network that includes only bingo aids and	3608
devices that are located on the premises at which the bingo is	3609
being conducted or be interactive with any device not located on	3610
the premises at which the bingo is being conducted.	3611

(v) An electronic bingo aid cannot be used to participate in	3612
bingo that is conducted at a location other than the location at	3613
which the bingo session is conducted and at which the electronic	3614
bingo aid is used.	3615

(vi) An electronic bingo aid cannot be used to provide for	3616
the input of numbers and letters announced by a bingo caller other	3617
than the bingo caller who physically calls the numbers and letters	3618
at the location at which the bingo session is conducted and at	3619
which the electronic bingo aid is used.	3620

(b) The attorney general may adopt rules in accordance with	3621
Chapter 119. of the Revised Code that govern the use of electronic	3622
bingo aids. The rules may include a requirement that an electronic	3623
bingo aid be capable of being audited by the attorney general to	3624
verify the number of bingo cards or sheets played during each	3625
bingo session.	3626

(12) Permit any person the charitable organization knows, or	3627
should have known, to be under eighteen years of age to play bingo	3628
described in division (S)(1) of section 2915.01 of the Revised	3629
Code.	3630

(D)(1) Except as otherwise provided in division (D)(3) of	3631
this section, no charitable organization shall provide to a bingo	3632
game operator, and no bingo game operator shall receive or accept,	3633
any commission, wage, salary, reward, tip, donation, gratuity, or	3634
other form of compensation, directly or indirectly, regardless of	3635
the source, for conducting bingo or providing other work or labor	3636
at the site of bingo during a bingo session.	3637

(2) Except as otherwise provided in division (D)(3) of this	3638
section, no charitable organization shall provide to a bingo game	3639
operator any commission, wage, salary, reward, tip, donation,	3640
gratuity, or other form of compensation, directly or indirectly,	3641
regardless of the source, for conducting instant bingo other than	3642
at a bingo session at the site of instant bingo other than at a	3643
bingo session.	3644

(3) Nothing in division (D) of this section prohibits an	3645
employee of a fraternal organization, veteran's organization, or	3646
sporting organization from selling instant bingo tickets or cards	3647
to the organization's members or invited guests, as long as no	3648
portion of the employee's compensation is paid from any receipts	3649
of bingo.	3650

(E) Notwithstanding division (B)(1) of this section, a	3651
charitable organization that, prior to December 6, 1977, has	3652
entered into written agreements for the lease of premises it owns	3653
to another charitable organization or other charitable	3654
organizations for the conducting of bingo sessions so that more	3655
than two bingo sessions are conducted per calendar week on the	3656
premises, and a person that is not a charitable organization and	3657
that, prior to December 6, 1977, has entered into written	3658
agreements for the lease of premises it owns to charitable	3659
organizations for the conducting of more than two bingo sessions	3660
per calendar week on the premises, may continue to lease the	3661
premises to those charitable organizations, provided that no more	3662
than four sessions are conducted per calendar week, that the	3663
lessor organization or person has notified the attorney general in	3664
writing of the organizations that will conduct the sessions and	3665
the days of the week and the times of the day on which the	3666
sessions will be conducted, that the initial lease entered into	3667
with each organization that will conduct the sessions was filed	3668
with the attorney general prior to December 6, 1977, and that each	3669
organization that will conduct the sessions was issued a license	3670
to conduct bingo games by the attorney general prior to December	3671
6, 1977.	3672

(F) This section does not prohibit a bingo licensed	3673
charitable organization or a bingo game operator from giving any	3674
person an instant bingo ticket as a prize in place of a cash prize	3675
won by a participant in an instant bingo game. In no case shall an	3676
instant bingo ticket or card be sold or provided for a price	3677
different from the price printed on it by the manufacturer on	3678
either the instant bingo ticket or card or on the game flare.	3679

(G) Whoever violates division (A)(2) of this section is	3680
guilty of illegally conducting a bingo game, a felony of the	3681
fourth degree. Except as otherwise provided in this division,	3682
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	3683
(C)(1) to (12), or (D) of this section is guilty of a minor	3684
misdemeanor. If the offender previously has been convicted of a	3685
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	3686
to (11), or, (D) of this section, a violation of division (A)(1)	3687
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	3688
misdemeanor of the first degree. Whoever violates division (C)(12)	3689
of this section is guilty of a misdemeanor of the first degree, if	3690
the offender previously has been convicted of a violation of	3691
division (C)(12) of this section, a felony of the fourth degree.	3692

Sec. 2915.091. (A) No charitable organization that conducts	3693
instant bingo shall do any of the following:	3694

(1) Fail to comply with the requirements of divisions (A)(1),	3695
(2), and (3) of section 2915.09 of the Revised Code;	3696

(2) Conduct instant bingo unless either of the following	3697
~~apply~~applies:	3698

(a) That organization is, and has received from the internal	3699
revenue service a determination letter that is currently in effect	3700
stating that the organization is, exempt from federal income	3701
taxation under subsection 501(a), is described in subsection	3702
501(c)(3) of the Internal Revenue Code, is a charitable	3703
organization as defined in section 2915.01 of the Revised Code, is	3704
in good standing in the state pursuant to section 2915.08 of the	3705
Revised Code, and is in compliance with Chapter 1716. of the	3706
Revised Code;	3707

(b) That organization is, and has received from the internal	3708
revenue service a determination letter that is currently in effect	3709
stating that the organization is, exempt from federal income	3710
taxation under subsection 501(a), is described in subsection	3711
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	3712
organization described in subsection 501(c)(4) of the Internal	3713
Revenue Code, and conducts instant bingo under section 2915.13 of	3714
the Revised Code.	3715

(3) Conduct instant bingo on any day, at any time, or at any	3716
premises not specified on the organization's license issued	3717
pursuant to section 2915.08 of the Revised Code;	3718

(4) Permit any person whom the organization knows or should	3719
have known has been convicted of a felony or gambling offense in	3720
any jurisdiction to be a bingo game operator in the conduct of	3721
instant bingo;	3722

(5) Purchase or lease supplies used to conduct instant bingo	3723
or punch board games from any person except a distributor licensed	3724
under section 2915.081 of the Revised Code;	3725

(6) Sell or provide any instant bingo ticket or card for a	3726
price different from the price printed on it by the manufacturer	3727
on either the instant bingo ticket or card or on the game flare;	3728

(7) Sell an instant bingo ticket or card to a person under	3729
eighteen years of age;	3730

(8) Fail to keep unsold instant bingo tickets or cards for	3731
less than three years;	3732

(9) Pay any compensation to a bingo game operator for	3733
conducting instant bingo that is conducted by the organization or	3734
for preparing, selling, or serving food or beverages at the site	3735
of the instant bingo game, permit any auxiliary unit or society of	3736
the organization to pay compensation to any bingo game operator	3737
who prepares, sells, or serves food or beverages at an instant	3738
bingo game conducted by the organization, or permit any auxiliary	3739
unit or society of the organization to prepare, sell, or serve	3740
food or beverages at an instant bingo game conducted by the	3741
organization, if the auxiliary unit or society pays any	3742
compensation to the bingo game operators who prepare, sell, or	3743
serve the food or beverages;	3744

(10) Pay fees to any person for any services performed in	3745
relation to an instant bingo game;	3746

(11) Pay fees to any person who provides refreshments to the	3747
participants in an instant bingo game;	3748

(12)(a) Allow instant bingo tickets or cards to be sold to	3749
bingo game operators at a premises at which the organization sells	3750
instant bingo tickets or cards or to be sold to employees of a D	3751
permit holder who are working at a premises at which instant bingo	3752
tickets or cards are sold;	3753

(b) Division (A)(12)(a) of this section does not prohibit a	3754
licensed charitable organization or a bingo game operator from	3755
giving any person an instant bingo ~~tickets~~ticket as a prize in	3756
place of a cash prize won by a participant in an instant bingo	3757
game. In no case shall an instant bingo ticket or card be sold or	3758
provided for a price different from the price printed on it by the	3759
manufacturer on either the instant bingo ticket or card or on the	3760
game flare.	3761

(13) Fail to display its bingo license, and the serial	3762
numbers of the deal of instant bingo tickets or cards to be sold,	3763
conspicuously at each premises at which it sells instant bingo	3764
tickets or cards;	3765

(14) Possess a deal of instant bingo tickets or cards that	3766
was not purchased from a distributor licensed under section	3767
2915.081 of the Revised Code as reflected on an invoice issued by	3768
the distributor that contains all of the information required by	3769
division (E) of section 2915.10 of the Revised Code;	3770

(15) ~~Fail, once it opens a deal of instant bingo tickets or~~	3771
~~cards, to continue to sell the tickets or cards in that deal until~~	3772
~~the tickets or cards with the top two highest tiers of prizes in~~	3773
~~that deal are sold;~~	3774

~~(16) Purchase, lease, or use instant bingo ticket dispensers~~	3775
~~to sell instant bingo tickets or cards;~~	3776

~~(17)~~ Possess bingo supplies that were not obtained in	3777
accordance with sections 2915.01 to 2915.13 of the Revised Code.	3778

(B)(1) A charitable organization may conduct instant bingo	3779
other than at a bingo session at not more than five separate	3780
locations. A charitable organization that is exempt from federal	3781
taxation under subsection 501(a) and described in subsection	3782
501(c)(3) of the Internal Revenue Code and that is created by a	3783
veteran's organization or a fraternal organization is not limited	3784
in the number of separate locations the charitable organization	3785
may conduct instant bingo other than at a bingo session.	3786

(2) A charitable organization may purchase, lease, or use	3787
instant bingo ticket dispensers to sell instant bingo tickets or	3788
cards.	3789

(C) The attorney general may adopt rules in accordance with	3790
Chapter 119. of the Revised Code that govern the conduct of	3791
instant bingo by charitable organizations. Before those rules are	3792
adopted, the attorney general shall reference the recommended	3793
standards for opacity, randomization, minimum information, winner	3794
protection, color, and cutting for instant bingo tickets or cards,	3795
seal cards, and punch boards established by the North American	3796
gaming regulators association.	3797

(D) Whoever violates division (A) of this section or a rule	3798
adopted under division (C) of this section is guilty of illegal	3799
instant bingo conduct. Except as otherwise provided in this	3800
division, illegal instant bingo conduct is a misdemeanor of the	3801
first degree. If the offender previously has been convicted of a	3802
violation of division (A) of this section or of such a rule,	3803
illegal instant bingo conduct is a felony of the fifth degree.	3804

Sec. 2915.093. (A) As used in this section, "retail income	3805
from all commercial activity" means the income that a person	3806
receives from the provision of goods, services, or activities that	3807
are provided at the location where instant bingo other than at a	3808
bingo session is conducted, including the sale of instant bingo	3809
tickets. A religious organization that is exempt from federal	3810
income taxation under subsection 501(a) and described in	3811
subsection 501(c)(3) of the Internal Revenue Code, at not more	3812
than one location at which it conducts its charitable programs,	3813
may include donations from its members and guests as retail	3814
income.	3815

(B) A charitable instant bingo organization may conduct	3816
instant bingo other than at a bingo session at not more than five	3817
separate locations.	3818

(C)(1) If a charitable instant bingo organization conducts	3819
instant bingo other than at a bingo session, the charitable	3820
instant bingo organization shall enter into a written contract	3821
with the owner or lessor of the location at which the instant	3822
bingo is conducted to allow the owner or lessor to assist in the	3823
conduct of instant bingo other than at a bingo session, identify	3824
each location where the instant bingo other than at a bingo	3825
session is being conducted, and identify the owner or lessor of	3826
each location.	3827

(2) A charitable instant bingo organization that conducts	3828
instant bingo other than at a bingo session is not required to	3829
enter into a written contract with the owner or lessor of the	3830
location at which the instant bingo is conducted, provided that	3831
the owner or lessor is not assisting in the conduct of the instant	3832
bingo other than at a bingo session and provided that the conduct	3833
of the instant bingo other than at a bingo session at that	3834
location is not more than five days per calendar year and not more	3835
than ten hours per day.	3836

(D) Except as provided in division (G) of this section, no	3837
charitable instant bingo organization shall conduct instant bingo	3838
other than at a bingo session at a location where the primary	3839
source of retail income from all commercial activity at that	3840
location is the sale of instant bingo tickets.	3841

(E) The owner or lessor of a location that enters into a	3842
contract pursuant to division (C) of this section shall pay the	3843
full gross profit to the charitable instant bingo organization by	3844
check, in return for the deal of instant bingo tickets. The owner	3845
or lessor may retain the money that the owner or lessor receives	3846
for selling the instant bingo tickets, provided, however, that	3847
after the deal has been sold, the owner or lessor shall pay to the	3848
charitable instant bingo organization the value of any unredeemed	3849
instant bingo prizes remaining in the deal of instant bingo	3850
tickets by check.	3851

As used in this division, "full gross profit" means the	3852
amount by which the total receipts of all instant bingo tickets,	3853
if the deal had been sold in full, exceeds the amount that would	3854
be paid out if all prizes were redeemed.	3855

(F) A charitable instant bingo organization shall provide the	3856
attorney general with all of the following information:	3857

(1) That the charitable instant bingo organization has	3858
terminated a contract entered into pursuant to division (C) of	3859
this section with an owner or lessor of a location;	3860

(2) That the charitable instant bingo organization has	3861
entered into a written contract pursuant to division (C) of this	3862
section with a new owner or lessor of a location;	3863

(3) That the charitable instant bingo organization is aware	3864
of conduct by the owner or lessor of a location at which instant	3865
bingo is conducted that is in violation of this chapter.	3866

(G) Division (D) of this section does not apply to a	3867
volunteer firefighter's organization that is exempt from federal	3868
income taxation under subsection 501(a) and described in	3869
subsection 501(c)(3) of the Internal Revenue Code, that conducts	3870
instant bingo other than at a bingo session on the premises where	3871
the organization conducts firefighter training, that has conducted	3872
instant bingo continuously for at least five years prior to July	3873
1, 2003, and that, during each of those five years, had gross	3874
receipts of at least one million five hundred thousand dollars.	3875

Sec. 2915.10. (A) No charitable organization that conducts	3876
bingo, instant bingo, or a game of chance ~~pursuant to division (D)~~	3877
~~of section 2915.02 of the Revised Code~~conducted for profit or a	3878
raffle shall fail to maintain the following records for at least	3879
three years from the date on which the bingo, instant bingo, or	3880
game of chance conducted for profit or raffle is conducted:	3881

(1) An itemized list of the gross receipts of each bingo	3882
session, each game of instant bingo by serial number, each raffle,	3883
each punch board game, and each game of chance conducted for	3884
profit, and an itemized list of the gross profits of each game of	3885
instant bingo by serial number;	3886

(2) An itemized list of all expenses, other than prizes, that	3887
are incurred in conducting bingo or, instant bingo, a game of	3888
chance conducted for profit, or a raffle, the name of each person	3889
to whom the expenses are paid, and a receipt for all of the	3890
expenses;	3891

(3) A list of all prizes awarded during each bingo session,	3892
each raffle, each punch board game, and each game of chance	3893
conducted for profit by the charitable organization, the total	3894
prizes awarded from each game of instant bingo by serial number,	3895
and the name, address, and social security number of all persons	3896
who are winners of prizes of six hundred dollars or more in value;	3897

(4) An itemized list of the recipients of the net profit of	3898
~~the~~ bingo, instant bingo, raffle, or game of chance conducted for	3899
profit, including the name and address of each recipient to whom	3900
the money is distributed, and if the organization uses the net	3901
profit of bingo, ~~or the money or assets received from a game of~~	3902
~~chance,~~net profit from the proceeds from the sale of instant	3903
bingo, net profit from the proceeds of a game of chance conducted	3904
for profit, or net profit from a raffle for any charitable or	3905
other purpose set forth in division (Z) of section 2915.01,	3906
division (D) of section 2915.02, section 2915.092, or section	3907
2915.101 of the Revised Code, a list of each purpose and an	3908
itemized list of each expenditure for each purpose;	3909

(5) The number of persons who participate in any bingo	3910
session or game of chance conducted for profit that is conducted	3911
by the charitable organization;	3912

(6) A list of receipts from the sale of food and beverages by	3913
the charitable organization or one of its auxiliary units or	3914
societies, if the receipts were excluded from gross receipts under	3915
division (X) of section 2915.01 of the Revised Code;	3916

(7) An itemized list of all expenses incurred at each bingo	3917
session, each raffle, each punch board game, each game of chance	3918
conducted for profit, or each game of instant bingo conducted by	3919
the charitable organization in the sale of food and beverages by	3920
the charitable organization or by an auxiliary unit or society of	3921
the charitable organization, the name of each person to whom the	3922
expenses are paid, and a receipt for all of the expenses.	3923

(B) A charitable organization shall keep the records that it	3924
is required to maintain pursuant to division (A) of this section	3925
at its principal place of business in this state or at its	3926
headquarters in this state and shall notify the attorney general	3927
of the location at which those records are kept.	3928

(C) The gross profit from each bingo session or game	3929
described in division (S)(1) or (2) of section 2915.01 of the	3930
Revised Code shall be deposited into a checking account devoted	3931
exclusively to the bingo session or game. Payments for allowable	3932
expenses incurred in conducting the bingo session or game and	3933
payments to recipients of some or all of the net profit of the	3934
bingo session or game shall be made only by checks drawn on the	3935
bingo session or game account or by electronic funds transfer from	3936
the bingo session or game account.	3937

(D) Each charitable organization shall conduct and record an	3938
inventory of all of its bingo supplies as of the first day of	3939
November of each year.	3940

(E) The attorney general may adopt rules in accordance with	3941
Chapter 119. of the Revised Code that establish standards of	3942
accounting, record keeping, and reporting to ensure that gross	3943
receipts from bingo, instant bingo, or games of chance conducted	3944
for profit are properly accounted for.	3945

(F) A distributor shall maintain, for a period of three years	3946
after the date of its sale or other provision, a record of each	3947
instance of its selling or otherwise providing to another person	3948
bingo supplies for use in this state. The record shall include all	3949
of the following for each instance:	3950

(1) The name of the manufacturer from which the distributor	3951
purchased the bingo supplies and the date of the purchase;	3952

(2) The name and address of the charitable organization or	3953
other distributor to which the bingo supplies were sold or	3954
otherwise provided;	3955

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

3956

(4) Invoices that include the nonrepeating serial numbers of	3957
all paper bingo cards and sheets and all instant bingo deals sold	3958
or otherwise provided to each charitable organization and the	3959
manufacturer of each instant bingo deal sold or otherwise	3960
provided.	3961

(G) A manufacturer shall maintain, for a period of three	3962
years after the date of its sale or other provision, a record of	3963
each instance of its selling or otherwise providing bingo supplies	3964
for use in this state. The record shall include all of the	3965
following for each instance:	3966

(1) The name and address of the distributor to whom the bingo	3967
supplies were sold or otherwise provided;	3968

(2) A description that clearly identifies the bingo supplies,	3969
including serial numbers;	3970

(3) Invoices that include the nonrepeating serial numbers of	3971
all paper bingo cards and sheets and all instant bingo deals sold	3972
or otherwise provided to each distributor.	3973

(H) A licensed lessor shall maintain, for a period of three	3974
years after the date of its purchase, sale, lease, or other	3975
provision of durable bingo equipment, a record of each instance of	3976
its purchasing or acquiring of durable bingo equipment and its	3977
selling, leasing, or otherwise providing to another person durable	3978
bingo equipment. The record shall include all of the following for	3979
each instance:	3980

(1) The name of the distributor from which the licensed	3981
lessor purchased the durable bingo equipment and the date of	3982
purchase;	3983

(2) The name and address of the charitable organization to	3984
which the durable bingo equipment was sold, leased, or otherwise	3985
provided;	3986

(3) A description that clearly identifies the durable bingo	3987
equipment;	3988

(4) Invoices, purchase agreements, contracts, or lease	3989
agreements of all durable bingo equipment sold, leased, or	3990
otherwise provided to each charitable organization;	3991

(5) Invoices, purchase agreements, contracts, or lease	3992
agreements of all durable bingo equipment purchased, leased, or	3993
otherwise obtained from each distributor.	3994

(I) The attorney general or any law enforcement agency may do	3995
all of the following:	3996

(1) Investigate any charitable organization or any officer,	3997
agent, trustee, member, bingo game operator, or employee of the	3998
organization;	3999

(2) Examine the accounts and records of the organization or	4000
of any distributor, manufacturer, or lessor;	4001

(3) Conduct inspections, audits, and observations of bingo	4002
instant bingo, raffles, or games of chance conducted for profit;	4003

(4) Conduct inspections of the premises where bingo or games	4004
of chance conducted for profit are conducted and conduct	4005
inspections of any distributor, manufacturer, or lessor;	4006

(5) Take any other necessary and reasonable action to	4007
determine if a violation of any provision of sections 2915.01 to	4008
2915.13 of the Revised Code has occurred and to determine whether	4009
section 2915.11 of the Revised Code has been complied with.	4010

If any law enforcement agency has reasonable grounds to	4011
believe that a charitable organization or an officer, agent,	4012
trustee, member, bingo game operator, or employee of the	4013
organization has violated any provision of this chapter, the law	4014
enforcement agency may proceed by action in the proper court to	4015
enforce this chapter, provided that the law enforcement agency	4016
shall give written notice to the attorney general when commencing	4017
an action as described in this division.	4018

~~(I)~~(J) No person shall destroy, alter, conceal, withhold, or	4019
deny access to any accounts or records of a charitable	4020
organization, distributor, manufacturer, or lessor that have been	4021
requested for examination, or obstruct, impede, or interfere with	4022
any inspection, audit, or observation of bingo or, instant bingo,	4023
a game of chance conducted for profit, or a raffle or premises	4024
where bingo or, instant bingo, a game of chance conducted for	4025
profit, or a raffle is conducted, or refuse to comply with any	4026
reasonable request of, or obstruct, impede, or interfere with any	4027
other reasonable action undertaken by, the attorney general or a	4028
law enforcement agency ~~pursuant to~~under division ~~(H)~~(I) of this	4029
section.	4030

~~(J)~~(K) Whoever violates division (A) or ~~(I)~~(J) of this	4031
section is guilty of a misdemeanor of the first degree.	4032

Sec. 2915.101. Except as otherwise provided by law, a	4033
charitable organization that conducts instant bingo shall	4034
distribute the net profit from the proceeds of the sale of instant	4035
bingo as follows:	4036

(A)(1) If a veteran's organization, a fraternal organization,	4037
or a sporting organization conducted the instant bingo, the	4038
organization shall distribute the net profit from the proceeds of	4039
the sale of instant bingo, as follows:	4040

(a) For the first ~~one~~two hundred fifty thousand dollars, or	4041
a greater amount prescribed by the attorney general to adjust for	4042
changes in prices as measured by the consumer price index as	4043
defined in section 325.18 of the Revised Code and other factors	4044
affecting the organization's expenses as defined in division (LL)	4045
of section 2915.01 of the Revised Code, or less of net profit from	4046
the proceeds of the sale of instant bingo generated in a calendar	4047
year:	4048

(i) At least twenty-five per cent shall be distributed to an	4049
organization described in division (Z)(1) of section 2915.01 of	4050
the Revised Code or to a department or agency of the federal	4051
government, the state, or any political subdivision.	4052

(ii) Not more than seventy-five per cent may be deducted and	4053
retained by the organization for reimbursement of or for the	4054
organization's expenses, as defined in division (LL) of section	4055
2915.01 of the Revised Code, in conducting the instant bingo game.	4056

(b) For any net profit from the proceeds of the sale of	4057
instant bingo of more than ~~one~~two hundred fifty thousand dollars	4058
or an adjusted amount generated in a calendar year:	4059

(i) A minimum of fifty per cent shall be distributed to an	4060
organization described in division (Z)(1) of section 2915.01 of	4061
the Revised Code or to a department or agency of the federal	4062
government, the state, or any political subdivision.	4063

(ii) Five per cent may be distributed for the organization's	4064
own charitable purposes or to a community action agency.	4065

(iii) Forty-five per cent may be deducted and retained by the	4066
organization for reimbursement of or for the organization's	4067
expenses, as defined in division (LL) of section 2915.01 of the	4068
Revised Code, in conducting the instant bingo game.	4069

(2) If a veteran's organization, a fraternal organization, or	4070
a sporting organization does not distribute the full percentages	4071
specified in divisions (A)(1)(a) and (b) of this section for the	4072
purposes specified in those divisions, the organization shall	4073
distribute the balance of the net profit from the proceeds of the	4074
sale of instant bingo not distributed or retained for those	4075
purposes to an organization described in division (Z)(1) of	4076
section 2915.01 of the Revised Code.	4077

(B) If a charitable organization other than a veteran's	4078
organization, a fraternal organization, or a sporting organization	4079
conducted the instant bingo, the organization shall distribute one	4080
hundred per cent of the net profit from the proceeds of the sale	4081
of instant bingo to an organization described in division (Z)(1)	4082
of section 2915.01 of the Revised Code or to a department or	4083
agency of the federal government, the state, or any political	4084
subdivision.	4085

(C) Nothing in this section prohibits a veteran's	4086
organization, a fraternal organization, or a sporting organization	4087
from distributing any net profit from the proceeds of the sale of	4088
instant bingo to an organization that is described in subsection	4089
501(c)(3) of the Internal Revenue Code when the organization that	4090
is described in subsection 501(c)(3) of the Internal Revenue Code	4091
is one that makes donations to other organizations and permits	4092
donors to advise or direct such donations so long as the donations	4093
comply with requirements established in or pursuant to subsection	4094
501(c)(3) of the Internal Revenue Code.	4095

(D) All distributions required under this section shall be	4096
distributed within the same calendar year in which the net profit	4097
from the proceeds from the sale of instant bingo is generated.	4098

Sec. 2915.13. (A) A licensed veteran's organization, a	4099
fraternal organization, or a sporting organization ~~authorized to~~	4100
~~conduct a bingo session pursuant to sections 2915.01 to 2915.12 of~~	4101
~~the Revised Code~~that also qualifies as a charitable organization	4102
may conduct instant bingo other than at a bingo session if all of	4103
the following apply:	4104

(1) The veteran's organization, fraternal organization, or	4105
sporting organization limits the sale of instant bingo to twelve	4106
hours during any day, provided that the sale does not begin	4107
earlier than ten a.m. and ends not later than two a.m.	4108

(2) The veteran's organization, fraternal organization, or	4109
sporting organization limits the sale of instant bingo to its own	4110
premises and to its own members and invited guests.	4111

(3) The veteran's organization, fraternal organization, or	4112
sporting organization is raising money for an organization that is	4113
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the	4114
Internal Revenue Code and is either a governmental unit or an	4115
organization that maintains its principal place of business in	4116
this state, that is exempt from federal income taxation under	4117
subsection 501(a) and described in subsection 501(c)(3) of the	4118
Internal Revenue Code, and that is in good standing in this state	4119
and executes a written contract with that organization as required	4120
in division (B) of this section.	4121

(B) If a veteran's organization, fraternal organization, or	4122
sporting organization authorized to conduct instant bingo pursuant	4123
to division (A) of this section is raising money for another	4124
organization that is described in subsection 509(a)(1), 509(a)(2),	4125
or 509(a)(3) of the Internal Revenue Code and is either a	4126
governmental unit or an organization that maintains its principal	4127
place of business in this state, that is exempt from federal	4128
income taxation under subsection 501(a) and described in	4129
subsection 501(c)(3) of the Internal Revenue Code, and that is in	4130
good standing in this state, the veteran's organization, fraternal	4131
organization, or sporting organization shall execute a written	4132
contract with the organization that is described in subsection	4133
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	4134
and is either a governmental unit or an organization that	4135
maintains its principal place of business in this state, that is	4136
exempt from federal income taxation under subsection 501(a) and	4137
described in subsection 501(c)(3) of the Internal Revenue Code,	4138
and that is in good standing in this state in order to conduct	4139
instant bingo. That contract shall include a statement of the	4140
percentage of the net proceeds that the veteran's, fraternal, or	4141
sporting organization will be distributing to the organization	4142
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	4143
of the Internal Revenue Code and is either a governmental unit or	4144
an organization that maintains its principal place of business in	4145
this state, that is exempt from federal income taxation under	4146
subsection 501(a) and described in subsection 501(c)(3) of the	4147
Internal Revenue Code, and that is in good standing in this state.	4148

(C)(1) If a veteran's organization, fraternal organization,	4149
or sporting organization authorized to conduct instant bingo	4150
pursuant to division (A) of this section has been issued a liquor	4151
permit under Chapter 4303. of the Revised Code, that permit may be	4152
subject to suspension, revocation, or cancellation if the	4153
veteran's organization, fraternal organization, or sporting	4154
organization violates a provision of this chapter.	4155

(2) No veteran's organization, fraternal organization, or	4156
sporting organization that enters into a written contract pursuant	4157
to division (B) of this section shall violate any provision of	4158
this chapter or permit, aid, or abet any other person in violating	4159
any provision of this chapter.	4160

(D) A veteran's organization, fraternal organization, or	4161
sporting organization shall give all required proceeds earned from	4162
the conduct of instant bingo to the organization with which the	4163
veteran's organization, fraternal organization, or sporting	4164
organization has entered into a written contract according to the	4165
requirements of section 2915.101 of the Revised Code.	4166

(E) Whoever violates this section is guilty of illegal	4167
instant bingo conduct. Except as otherwise provided in this	4168
division, illegal instant bingo conduct is a misdemeanor of the	4169
first degree. If the offender previously has been convicted of a	4170
violation of this section, illegal instant bingo conduct is a	4171
felony of the fifth degree.	4172

Sec. 2915.14. (A) The owner of a permitted location may	4173
establish a charity card room on the premises of the permitted	4174
location. The owner shall provide necessary game tables, chairs,	4175
surveillance, and other equipment in the charity card room.	4176

(B) A charitable organization may conduct games of chance in	4177
a charity card room for up to one hundred twenty-eight hours	4178
annually. Such hours need not be on consecutive days. More than	4179
one charitable organization may conduct games of chance in a	4180
charity card room simultaneously.	4181

(C)(1) The charitable organization shall pay rent to the	4182
owner of a permitted location in the amount of fifteen per cent of	4183
the revenue made from conducting the games of chance in the	4184
charity card room.	4185

(2) A charitable organization shall pay expenses for	4186
conducting games of chance in a charity card room, including	4187
expenses for the following: dealers, payroll administration,	4188
security, accounting, auditing, shuffle machine rental, insurance,	4189
marketing, advertising, utilities, cleanup, maintenance, and	4190
repair. A charitable organization may pay these expenses from its	4191
share of the revenue made from conducting games of chance in the	4192
charity card room.	4193

(3) Charitable organizations may pool revenue and expenses	4194
when applicable in a charity card room.	4195

(4) One hundred per cent of the net revenue in a charity card	4196
room remaining after payment of expenses and rent shall be paid to	4197
each charitable organization on a pro rata basis, based on	4198
volunteer hours of each charitable organization.	4199

(D) Notwithstanding division (D) of section 2915.02, a	4200
charitable organization may compensate dealers, dealer	4201
supervisors, human resource personnel, and other related personnel	4202
for operating games of chance in a charity card room. Dealers may	4203
also accept tips from games of chance players.	4204

(E) For the purposes of division (D)(1)(c) of section 2915.02	4205
of the Revised Code, a charitable organization may conduct games	4206
of chance at a permitted location and conducting those games of	4207
chance in a charity card room is considered a festival if the	4208
charitable organization provides a display booth about the	4209
charitable organization in the charity card room at all times when	4210
it is conducting games of chance.	4211

Sec. 3517.1015. Each person licensed under Chapter 3772. of	4212
the Revised Code shall disclose quarterly to the secretary of	4213
state any contribution of one hundred dollars or more made to the	4214
holder of or any candidate for a statewide office, a member of the	4215
general assembly, a local government official of a jurisdiction	4216
where a casino facility is located, or to any ballot issue.	4217

Sec. 3769.081. The state racing commission shall administer	4218
the Ohio state racing commission fund. The commission shall use	4219
the money in the fund to support purses, breeding programs, race	4220
track operations, and commission operations. The commission,	4221
considering the relative importance of these purposes in light of	4222
prevailing circumstances in the horse racing industry, shall	4223
determine the percentage of the money in the fund that is to be	4224
applied to each of these purposes.	4225

Sec. 3772.01. As used in this chapter:

4226

(A) "Applicant" means any person who applies to the	4227
commission for a license under this chapter.	4228

(B) "Casino control commission fund" means the casino control	4229
commission fund described in Section 6(C)(3)(d) of Article XV,	4230
Ohio Constitution, the money in which shall be used to fund the	4231
commission and its related affairs.	4232

(C) "Casino facility" means a casino facility as defined in	4233
Section 6(C)(9) of Article XV, Ohio Constitution, and includes one	4234
or more locations, buildings, or rooms within the boundaries of	4235
the properties described in Section 6(C)(9) of Article XV, Ohio	4236
Constitution.	4237

(D) "Casino gaming" means any type of slot machine or table	4238
game wagering, using money, casino credit, or any representative	4239
of value, authorized in any of the states of Indiana, Michigan,	4240
Pennsylvania, and West Virginia as of January 1, 2009, and	4241
includes slot machine and table game wagering subsequently	4242
authorized by, but shall not be limited by, subsequent	4243
restrictions placed on such wagering in such states. "Casino	4244
gaming" does not include bingo, as authorized in Section 6 of	4245
Article XV, Ohio Constitution and conducted as of January 1, 2009,	4246
or horse racing where the pari-mutuel system of wagering is	4247
conducted, as authorized under the laws of this state as of	4248
January 1, 2009.	4249

(E) "Casino gaming employee" means any employee of a casino	4250
operator or management company, but not a key employee, and as	4251
further defined in section 3772.131 of the Revised Code.	4252

(F) "Casino operator" means any person, trust, corporation,	4253
partnership, limited partnership, association, limited liability	4254
company, or other business enterprise that directly holds an	4255
ownership or leasehold interest in a casino facility. "Casino	4256
operator" does not include an agency of the state, any political	4257
subdivision of the state, any person, trust, corporation,	4258
partnership, limited partnership, association, limited liability	4259
company, or other business enterprise that may have an interest in	4260
a casino facility, but who is legally or contractually restricted	4261
from conducting casino gaming.	4262

(G) "Central system" means a computer system that provides	4263
the following functions related to casino gaming equipment used in	4264
connection with casino gaming authorized under this chapter:	4265
security, auditing, data and information retrieval, and other	4266
purposes deemed necessary and authorized by the commission.	4267

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

4268

(I) "Economic development programs fund" consists of the	4269
proceeds from the upfront license fee to be paid by each initial	4270
licensed casino operator described in Section 6(C)(4) of Article	4271
XV, Ohio Constitution, the money in which shall be used to fund	4272
state economic development programs that support regional job	4273
training efforts to equip the workforce of this state with	4274
additional skills and to grow the economy.	4275

(J) "Gaming agent" means a peace officer employed by the	4276
commission that is vested with duties to enforce this chapter and	4277
conduct other investigations into the conduct of the casino gaming	4278
and the maintenance of the equipment that the commission considers	4279
necessary and proper and is in compliance with section 109.77 of	4280
the Revised Code.	4281

(K) "Gaming-related vendor" means any individual,	4282
partnership, corporation, association, trust, or any other group	4283
of individuals, however organized, who supplies any equipment,	4284
goods, or services to a casino operator or management company.	4285

(L) "Goods and services" does not include the following:	4286
utilities; taxes; financing costs, mortgages, loans, or other	4287
debt; medical insurance; fees and payments to a parent or	4288
affiliated company of a casino operator, other than fees and	4289
payments for goods and services supplied by nonaffiliated persons	4290
through an affiliated company for use or benefit of the casino	4291
operator; and rents for real property or payments constituting the	4292
price of an interest in real property as a result of a real estate	4293
transaction.	4294

(M) "Holding company" means any corporation, firm,	4295
partnership, limited partnership, limited liability company,	4296
trust, or other form of business organization not a natural person	4297
which directly owns, has the power or right to control, or holds	4298
with power to vote, any part of an applicant, casino operator,	4299
management company, or gaming-related vendor license.	4300

(N) "Initial investment" includes costs related to	4301
engineering, architecture, design, site preparation, construction,	4302
infrastructure improvements, land acquisition, fixtures and	4303
equipment, initial inventory, insurance related to construction,	4304
working capital, and leasehold improvements. "Initial investment"	4305
does not include costs related to any state incentives.	4306

(O) "Institutional investor" means any of the following	4307
entities owning five per cent or less, or a percentage between	4308
five and ten per cent as approved by the commission through a	4309
waiver on a case-by-case basis, ownership interest in a casino	4310
facility, casino operator, management company, or holding company:	4311
a corporation, bank, insurance company, pension fund or pension	4312
fund trust, retirement fund, including funds administered by a	4313
public agency, employees' profit-sharing fund or employees'	4314
profit-sharing trust, any association engaged, as a substantial	4315
part of its business or operations, in purchasing or holding	4316
securities, or any trust in respect of which a bank is trustee or	4317
cotrustee, investment company registered under the "Investment	4318
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	4319
investment trust organized by banks under Part Nine of the Rules	4320
of the Comptroller of the Currency, closed-end investment trust,	4321
chartered or licensed life insurance company or property and	4322
casualty insurance company, investment advisor registered under	4323
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	4324
and such other persons as the commission may reasonably determine	4325
to qualify as an institutional investor for reasons consistent	4326
with this chapter.	4327

(P) "Key employee" means any executive, employee, or agent of	4328
a casino operator or management company licensee having the power	4329
to exercise significant influence over decisions concerning any	4330
part of the operation of such licensee, including:	4331

(1) An officer, director, trustee, or partner of a person	4332
that has applied for or holds a casino operator, management	4333
company, or gaming-related vendor license or of a holding company	4334
that has control of a person that has applied for or holds a	4335
casino operator, management company, or gaming-related vendor	4336
license;	4337

(2) A person that holds a direct ownership interest of more	4338
than five per cent in a person that has applied for or holds a	4339
casino operator, management company, or gaming-related vendor	4340
license or holding company that has control of a person that has	4341
applied for or holds a casino operator, management company, or	4342
gaming-related vendor license;	4343

(3) A managerial employee of a person that has applied for or	4344
holds a casino operator or gaming-related vendor license in Ohio,	4345
or a managerial employee of a holding company that has control of	4346
a person that has applied for or holds a casino operator or	4347
gaming-related vendor license in Ohio, who performs the function	4348
of principal executive officer, principal operating officer,	4349
principal accounting officer, or an equivalent officer or other	4350
person the commission determines to have the power to exercise	4351
significant influence over decisions concerning any part of the	4352
operation of such licensee.	4353

The commission shall determine whether an individual whose	4354
duties or status varies from those described in this division also	4355
is considered a key employee.	4356

(Q) "Licensed casino operator" means a casino operator that	4357
has been issued a license by the commission and that has been	4358
certified annually by the commission to have paid all applicable	4359
fees, taxes, and debts to the state.	4360

(R) "Majority ownership interest" in a license or in a casino	4361
facility, as the case may be, means ownership of more than fifty	4362
per cent of such license or casino facility, as the case may be.	4363
For purposes of the foregoing, whether a majority ownership	4364
interest is held in a license or in a casino facility, as the case	4365
may be, shall be determined under the rules for constructive	4366
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	4367
in effect on January 1, 2009.	4368

(S) "Management company" means an organization retained by a	4369
casino operator to manage a casino facility and provide services	4370
such as accounting, general administration, maintenance,	4371
recruitment, and other operational services.	4372

(T) "Ohio law enforcement training fund" means the state law	4373
enforcement training fund described in Section 6(C)(3)(f) of	4374
Article XV, Ohio Constitution, the money in which shall be used to	4375
enhance public safety by providing additional training	4376
opportunities to the law enforcement community.	4377

(U) "Person" includes, but is not limited to, an individual	4378
or a combination of individuals; a sole proprietorship, a firm, a	4379
company, a joint venture, a partnership of any type, a joint-stock	4380
company, a corporation of any type, a corporate subsidiary of any	4381
type, a limited liability company, a business trust, or any other	4382
business entity or organization; an assignee; a receiver; a	4383
trustee in bankruptcy; an unincorporated association, club,	4384
society, or other unincorporated entity or organization; entities	4385
that are disregarded for federal income tax purposes; and any	4386
other nongovernmental, artificial, legal entity that is capable of	4387
engaging in business.	4388

(V) "Problem casino gambling and addictions fund" means the	4389
state problem gambling and addictions fund described in Section	4390
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	4391
shall be used for treatment of problem gambling and substance	4392
abuse, and for related research.	4393

(W) "Slot machine" means any mechanical, electrical, or other	4394
device or machine which, upon insertion of a coin, token, ticket,	4395
or similar object, or upon payment of any consideration, is	4396
available to play or operate, the play or operation of which,	4397
whether by reason of the skill of the operator or application of	4398
the element of chance, or both, makes individual prize	4399
determinations for individual participants in cash, premiums,	4400
merchandise, tokens, or any thing of value, whether the payoff is	4401
made automatically from the machine or in any other manner.	4402

(X) "Table game" means any game played with cards, dice, or	4403
any mechanical, electromechanical, or electronic device or machine	4404
for money, casino credit, or any representative of value. "Table	4405
game" does not include slot machines.	4406

(Y) "Upfront license" means the first plenary license issued	4407
to a casino operator.	4408

(Z) "Voluntary exclusion program" means a program provided by	4409
the commission that allows persons to voluntarily exclude	4410
themselves from the gaming areas of facilities under the	4411
jurisdiction of the commission by placing their name on a	4412
voluntary exclusion list and following the procedures set forth by	4413
the commission.	4414

Sec. 3772.02. (A) There is hereby created the Ohio casino	4415
control commission described in Section 6(C)(1) of Article XV,	4416
Ohio Constitution.	4417

(B) The commission shall consist of seven members appointed	4418
within one month of the effective date of this section by the	4419
governor with the advice and consent of the senate.	4420

(1) Each commission member is eligible for reappointment at	4421
the discretion of the governor. No commission member shall be	4422
appointed for more than three terms in total.	4423

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

4424

(3) At least one commission member shall be experienced in	4425
law enforcement and criminal investigation.	4426

(4) At least one commission member shall be a certified	4427
public accountant experienced in accounting and auditing.	4428

(5) At least one commission member shall be an attorney	4429
admitted to the practice of law in Ohio.	4430

(6) At least one commission member shall be a resident of a	4431
county where one of the casino facilities is located.	4432

(7) Not more than four commission members shall be of the	4433
same political party.	4434

(8) No commission member shall have any affiliation with an	4435
Ohio casino operator or facility.	4436

(C) Commission members shall serve four-year terms, except	4437
that when the governor makes initial appointments to the	4438
commission under this chapter, the governor shall appoint three	4439
members to serve four-year terms with not more than two such	4440
members from the same political party, two members to serve	4441
three-year terms with such members not being from the same	4442
political party, and two members to serve two-year terms with such	4443
members not being from the same political party.	4444

(D) Each commission member shall hold office from the date of	4445
appointment until the end of the term for which the member was	4446
appointed. Any member appointed to fill a vacancy occurring before	4447
the expiration of the term for which the member's predecessor was	4448
appointed shall hold office for the remainder of the unexpired	4449
term. Any member shall continue in office after the expiration	4450
date of the member's term until the member's successor takes	4451
office, or until a period of sixty days has elapsed, whichever	4452
occurs first. A vacancy in the commission membership shall be	4453
filled in the same manner as the original appointment.	4454

(E) The governor shall select one member to serve as	4455
chairperson and the commission members shall select one member	4456
from a different party than the chairperson to serve as	4457
vice-chairperson. The governor may remove and replace the	4458
chairperson at any time. No such member shall serve as chairperson	4459
for more than six successive years. The vice-chairperson shall	4460
assume the duties of the chairperson in the absence of the	4461
chairperson. The chairperson and vice-chairperson shall perform	4462
but shall not be limited to additional duties as are prescribed by	4463
commission rule.	4464

(F) A commission member is not required to devote the	4465
member's full time to membership on the commission. Each member of	4466
the commission shall receive compensation of sixty thousand	4467
dollars per year, payable in monthly installments for the first	4468
four years of the commission's existence. Each member shall	4469
receive the member's actual and necessary expenses incurred in the	4470
discharge of the member's official duties.	4471

(G) The governor shall not appoint an individual to the	4472
commission, and an individual shall not serve on the commission,	4473
if the individual has been convicted of or pleaded guilty or no	4474
contest to a disqualifying offense as defined in section 3772.07	4475
of the Revised Code. Members coming under indictment or bill of	4476
information of a disqualifying offense shall resign from the	4477
commission immediately upon indictment.	4478

(H) At least five commission members shall be present for the	4479
commission to meet. The concurrence of four members is necessary	4480
for the commission to take any action. All members shall vote on	4481
the adoption of rules, and the approval of, and the suspension or	4482
revocation of, the licenses of casino operators or management	4483
companies, unless a member has a written leave of absence filed	4484
with and approved by the chairperson.	4485

(I) A commission member may be removed or suspended from	4486
office in accordance with section 3.04 of the Revised Code.	4487

(J) Each commission member, before entering upon the	4488
discharge of the member's official duties, shall make an oath to	4489
uphold the Ohio Constitution and laws of the state of Ohio and	4490
shall give a bond, payable by the commission, to the treasurer of	4491
state, in the sum of ten thousand dollars with sufficient sureties	4492
to be approved by the treasurer of state, which bond shall be	4493
filed with the secretary of state.	4494

(K) The commission shall hold one regular meeting each month	4495
and shall convene other meetings at the request of the chairperson	4496
or a majority of the members. A member who fails to attend at	4497
least three-fifths of the regular and special meetings of the	4498
commission during any two-year period forfeits membership on the	4499
commission. All meetings of the commission shall be open meetings	4500
under section 121.22 of the Revised Code except as otherwise	4501
allowed by law.	4502

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	4503
the commission shall have authority to complete the functions of	4504
licensing, regulating, investigating, and penalizing casino	4505
operators, management companies, holding companies, key employees,	4506
casino gaming employees, and gaming-related vendors. The	4507
commission also shall have jurisdiction over all persons	4508
participating in casino gaming authorized by Section 6(C) of	4509
Article XV, Ohio Constitution, and this chapter.	4510

(B) All rules adopted by the commission under this chapter	4511
shall be adopted under procedures established in Chapter 119. of	4512
the Revised Code. The commission may contract for the services of	4513
experts and consultants to assist the commission in carrying out	4514
its duties under this section.	4515

(C) Within six months of the effective date of this section,	4516
the commission shall adopt initial rules as are necessary for	4517
completing the functions stated in division (A) of this section	4518
and for addressing the subjects enumerated in division (D) of this	4519
section.	4520

(D) The commission shall adopt, and as advisable and	4521
necessary shall amend or repeal, rules that include all of the	4522
following:	4523

(1) The prevention of practices detrimental to the public	4524
interest, and providing for the best interests of casino gaming;	4525

(2) Prescribing the method of applying, and the form of	4526
application, that an applicant for a license under this chapter	4527
must follow as otherwise described in this chapter;	4528

(3) Prescribing the information to be furnished by an	4529
applicant or licensee as described in section 3772.11 of the	4530
Revised Code;	4531

(4) Describing the duties of an independent testing	4532
laboratory certified under section 3772.31 of the Revised Code and	4533
the relationship between the commission, the laboratory, the	4534
gaming-related vendor, and the casino operator;	4535

(5) The minimum amount of insurance that must be maintained	4536
by a casino operator, management company, holding company, or	4537
gaming-related vendor;	4538

(6) The approval process for a significant change in	4539
ownership or transfer of control of a licensee as provided in	4540
section 3772.091 of the Revised Code;	4541

(7) The design of gaming supplies, devices, and equipment to	4542
be distributed by gaming-related vendors;	4543

(8) Identifying the casino gaming that is permitted,	4544
identifying the gaming supplies, devices, and equipment, that are	4545
permitted, defining the area in which the permitted casino gaming	4546
may be conducted, and specifying the method of operation according	4547
to which the permitted casino gaming is to be conducted as	4548
provided in section 3772.20 of the Revised Code;	4549

(9) Tournament play in any casino facility;

4550

(10) Establishing and implementing a voluntary exclusion	4551
program that provides all of the following:	4552

(a) Except as provided by commission rule, a person who	4553
participates in the program shall agree to refrain from entering a	4554
casino facility.	4555

(b) The name of a person participating in the program shall	4556
be included on a list of persons excluded from all casino	4557
facilities.	4558

(c) Except as provided by commission rule, no person who	4559
participates in the program shall petition the commission for	4560
admittance into a casino facility.	4561

(d) The list of persons participating in the program and the	4562
personal information of those persons shall be confidential and	4563
shall only be disseminated by the commission to a casino operator	4564
and the agents and employees of the casino operator for purposes	4565
of enforcement and to other entities, upon request of the	4566
participant and agreement by the commission.	4567

(e) A casino operator shall make all reasonable attempts as	4568
determined by the commission to cease all direct marketing efforts	4569
to a person participating in the program.	4570

(f) A casino operator shall not cash the check of a person	4571
participating in the program or extend credit to the person in any	4572
manner. However, the program shall not exclude a casino operator	4573
from seeking the payment of a debt accrued by a person before	4574
participating in the program.	4575

(g) Any and all locations at which a person may register as a	4576
participant in the program shall be published.	4577

(11) Requiring the commission to adopt standards regarding	4578
the marketing materials of a licensed casino operator, including	4579
allowing the commission to prohibit marketing materials that are	4580
contrary to the adopted standards;	4581

(12) Requiring that the records, including financial	4582
statements, of any casino operator, management company, holding	4583
company, and gaming-related vendor be maintained in the manner	4584
prescribed by the commission and made available for inspection	4585
upon demand by the commission, but shall be subject to section	4586
3772.16 of the Revised Code;	4587

(13) Permitting a licensed casino operator, management	4588
company, key employee, or casino gaming employee to question a	4589
person suspected of violating this chapter, immediately after	4590
which the licensed casino operator, management company, key	4591
employee, or casino gaming employee shall notify the commission of	4592
such questioning;	4593

(14) The chips, tokens, tickets, electronic cards, or similar	4594
objects that may be purchased by means of an agreement under which	4595
credit is extended to a wagerer by a casino operator;	4596

(15) Establishing standards for provisional key employee	4597
licenses for a person who is required to be licensed as a key	4598
employee and is in exigent circumstances and provisional licenses	4599
for casino gaming employees and gaming-related vendors. A	4600
provisional license shall be valid not longer than three months. A	4601
provisional license may be renewed one time, at the commission's	4602
discretion, for an additional three months.	4603

(16) Establishing approval procedures for third-party	4604
engineering or accounting firms, as described in section 3772.09	4605
of the Revised Code;	4606

(17) Prescribing the manner in which winnings, compensation	4607
from casino gaming, and gross revenue must be computed and	4608
reported by a licensee as described in Chapter 5753. of the	4609
Revised Code;	4610

(18) Prescribing conditions under which a licensee's license	4611
may be suspended or revoked as described in section 3772.04 of the	4612
Revised Code;	4613

(19) Prescribing the manner and procedure of all hearings to	4614
be conducted by the commission or by any hearing examiner;	4615

(20) Prescribing technical standards and requirements that	4616
are to be met by security and surveillance equipment that is used	4617
at and standards and requirements to be met by personnel who are	4618
employed at casino facilities, and standards and requirements for	4619
the provision of security at and surveillance of casino	4620
facilities;	4621

(21) Prescribing requirements for a casino operator to	4622
provide unarmed security services at a casino facility by licensed	4623
casino employees, and the training that shall be completed by	4624
these employees;	4625

(22) Prescribing standards according to which casino	4626
operators shall keep accounts and standards according to which	4627
casino accounts shall be audited, and establish means of assisting	4628
the tax commissioner in levying and collecting the gross casino	4629
revenue tax levied under section 5753.02 of the Revised Code;	4630

(23) Defining penalties for violation of commission rules and	4631
a process for imposing such penalties subject to the approval of	4632
the joint committee on gaming and wagering;	4633

(24) Regulating the conduct and playing of all skill-based	4634
amusement machines, as defined in section 2915.01 of the Revised	4635
Code, in this state, including setting payouts, establishing game	4636
parameters for the methods and media allowable, including all	4637
internet-based playing, establishing licensing procedures,	4638
establishing technical standards, criteria, fees for entities and	4639
locations, and permissible methods for the procurement of	4640
skill-based amusement machines;	4641

(25) Establishing standards for decertifying contractors that	4642
violate statutes or rules of this state or the federal government;	4643

(26) Establishing standards for the repair of casino gaming	4644
equipment;	4645

(27) Providing for any other thing necessary and proper for	4646
successful and efficient regulation of casino gaming under this	4647
chapter.	4648

(E) The commission shall employ and assign gaming agents as	4649
necessary to assist the commission in carrying out the duties of	4650
this chapter. In order to maintain employment as a gaming agent,	4651
the gaming agent shall successfully complete all continuing	4652
training programs required by the commission and shall not have	4653
been convicted of or pleaded guilty or no contest to a	4654
disqualifying offense as defined in section 3772.07 of the Revised	4655
Code.	4656

(F) The commission and its gaming agents shall have authority	4657
with regard to the detection and investigation of, the seizure of	4658
evidence allegedly relating to, and the apprehension and arrest of	4659
persons allegedly committing gaming offenses, and shall have	4660
access to casino facilities to carry out the requirements of this	4661
chapter.	4662

(G) The commission may eject or exclude or authorize the	4663
ejection or exclusion of and a gaming agent may eject a person	4664
from a casino facility for any of the following reasons:	4665

(1) The person's name is on the list of persons voluntarily	4666
excluding themselves from all casinos in a program established	4667
according to rules adopted by the commission;	4668

(2) The person violates or conspires to violate this chapter	4669
or a rule adopted thereunder; or	4670

(3) The commission determines that the person's conduct or	4671
reputation is such that the person's presence within a casino	4672
facility may call into question the honesty and integrity of the	4673
casino gaming operations or interfere with the orderly conduct of	4674
the casino gaming operations.	4675

(H) A person, other than a person participating in a	4676
voluntary exclusion program, may petition the commission for a	4677
public hearing on the person's ejection or exclusion under this	4678
chapter.	4679

(I) A casino operator or management company shall have the	4680
same authority to eject or exclude a person from the management	4681
company's casino facilities as authorized in division (G) of this	4682
section. The licensee shall immediately notify the commission of	4683
an ejection or exclusion.	4684

(J) The commission shall submit a written annual report with	4685
the governor, president and minority leader of the senate, and	4686
speaker and minority leader of the house of representatives before	4687
the first day of September each year. The annual report shall	4688
include a statement describing the receipts and disbursements of	4689
the commission, relevant financial data regarding casino gaming,	4690
including gross revenues and disbursements made under this	4691
chapter, actions taken by the commission, and any additional	4692
information that the commission considers useful or that the	4693
governor, president or minority leader of the senate, or speaker	4694
or minority leader of the house of representatives requests.	4695

Sec. 3772.031. (A) The general assembly finds that the	4696
exclusion or ejection of certain persons from casino facilities is	4697
necessary to effectuate the intents and purposes of this chapter	4698
and to maintain strict and effective regulation of casino gaming.	4699
The commission, by rule, shall provide for a list of persons who	4700
are to be excluded or ejected from a casino facility. Persons	4701
included on the exclusion list shall be identified by name and	4702
physical description. The commission shall publish the exclusion	4703
list on its web site, and shall transmit a copy of the exclusion	4704
list periodically to casino operators, as it is initially issued	4705
and thereafter as it is revised from time to time. A casino	4706
operator shall take steps necessary to ensure that all its key	4707
employees and casino gaming employees are aware of and understand	4708
the exclusion list and its function, and that all its key	4709
employees and casino gaming employees are kept aware of the	4710
content of the exclusion list as it is issued and thereafter	4711
revised from time to time.	4712

(B) The exclusion list may include any person whose presence	4713
in a casino facility is determined by the commission to pose a	4714
threat to the interests of the state, to achieving the intents and	4715
purposes of this chapter, or to the strict and effective	4716
regulation of casino gaming. In determining whether to include a	4717
person on the exclusion list, the commission may consider:	4718

(1) Any prior conviction of a crime that is a felony under	4719
the laws of this state, another state, or the United States, a	4720
crime involving moral turpitude, or a violation of the gaming laws	4721
of this state, another state, or the United States; and	4722

(2) A violation, or a conspiracy to violate, any provision of	4723
this chapter that consists of:	4724

(a) A failure to disclose an interest in a gaming facility	4725
for which the person must obtain a license;	4726

(b) Purposeful evasion of taxes or fees;

4727

(c) A notorious or unsavory reputation that would adversely	4728
affect public confidence and trust that casino gaming is free from	4729
criminal or corruptive elements; or	4730

(d) A violation of an order of the commission or of any other	4731
governmental agency that warrants exclusion or ejection of the	4732
person from a casino facility.	4733

(3) If the person has pending charges or indictments for a	4734
gaming or gambling crime or a crime related to the integrity of	4735
gaming operations in any state;	4736

(4) If the person's conduct or reputation is such that the	4737
person's presence within a casino facility may call into question	4738
the honesty and integrity of the casino gaming operations or	4739
interfere with the orderly conduct of the casino gaming	4740
operations;	4741

(5) If the person is a career or professional offender whose	4742
presence in a casino facility would be adverse to the interest of	4743
licensed gaming in this state;	4744

(6) If the person has a known relationship or connection with	4745
a career or professional offender whose presence in a casino	4746
facility would be adverse to the interest of licensed gaming in	4747
this state;	4748

(7) If the commission has suspended the person's gaming	4749
privileges;	4750

(8) If the commission has revoked the person's licenses	4751
related to this chapter;	4752

(9) If the commission determines that the person poses a	4753
threat to the safety of patrons or employees of a casino facility;	4754

(10) If the person has a history of conduct involving the	4755
disruption of gaming operations within a casino facility.	4756

Race, color, creed, national origin or ancestry, or sex are	4757
not grounds for placing a person on the exclusion list.	4758

(C) The commission shall notify a person of the commission's	4759
intent to include such person on the exclusion list. The notice	4760
shall be provided by personal service, by certified mail to the	4761
person's last known address, or, if service cannot be accomplished	4762
by personal service or certified mail, by publication daily for	4763
two weeks in a newspaper of general circulation within the county	4764
in which the person resides and in a newspaper of general	4765
circulation within each county in which a casino facility is	4766
located.	4767

(D) A person who receives notice of intent to include the	4768
person on the exclusion list is entitled to an adjudication	4769
hearing under Chapter 119. of the Revised Code, except as provided	4770
in this section, in which the person may demonstrate why the	4771
person should not be included on the exclusion list. The person	4772
shall request such an adjudication hearing not later than thirty	4773
days after the person receives the notice by personal service or	4774
certified mail, or not later than thirty days after the last	4775
newspaper publication of the notice. If the adjudication hearing	4776
or any appeal under Chapter 119. of the Revised Code results in an	4777
order that the person should not be included on the exclusion	4778
list, the commission shall publish a revised exclusion list that	4779
does not include the person. The commission also shall notify	4780
casino operators that the person has been removed from the	4781
exclusion list. A casino operator shall take all steps necessary	4782
to ensure its key employees and casino gaming employees are made	4783
aware that the person has been removed from the exclusion list.	4784

(E) This section does not apply to the voluntary exclusion	4785
list created as part of the voluntary exclusion program.	4786

Sec. 3772.032. (A) The permanent joint committee on gaming	4787
and wagering is established. The committee consists of six	4788
members. The speaker of the house of representatives shall appoint	4789
to the committee three members of the house of representatives and	4790
the president of the senate shall appoint to the committee three	4791
members of the senate. Not more than two members appointed from	4792
each chamber may be members of the same political party. The	4793
chairperson shall be from the opposite party as the chairperson of	4794
the joint committee on agency rule review. If the chairperson is	4795
to be from the house of representatives, the speaker of the house	4796
of representatives shall designate a member as the chairperson and	4797
the president of the senate shall designate a member as the	4798
vice-chairperson. If the chairperson is to be from the senate, the	4799
president of the senate shall designate a member as the	4800
chairperson and the speaker of the house of representatives shall	4801
designate a member as the vice-chairperson.	4802

(B) The committee shall:

4803

(1) Review all constitutional amendments, laws, and rules	4804
governing the operation and administration of casino gaming and	4805
all authorized gaming and wagering activities and recommend to the	4806
general assembly and commission any changes it may find desirable	4807
with respect to the language, structure, and organization of those	4808
amendments, laws, or rules;	4809

(2) Make an annual report to the governor and to the general	4810
assembly with respect of the operation and administration of	4811
casino gaming;	4812

(3) Approve all changes of fees and penalties as provided in	4813
this chapter and rules adopted thereunder; and	4814

(4) Study all proposed changes to the constitution and laws	4815
of this state and to the rules adopted by the commission governing	4816
the operation and administration of casino gaming, and report to	4817
the general assembly on their adequacy and desirability as a	4818
matter of public policy.	4819

(C) Any study, or any expense incurred, in furtherance of the	4820
committee's objectives shall be paid for from, or out of, the	4821
casino control commission fund or other appropriation provided by	4822
law. The members shall receive no additional compensation, but	4823
shall be reimbursed for actual and necessary expenses incurred in	4824
the performance of their official duties.	4825

Sec. 3772.033. In carrying out the responsibilities vested in	4826
the commission by this chapter, the commission may do all the	4827
following and may designate any such responsibilities to the	4828
executive director, to the commission's employees, or to the	4829
gaming agents:	4830

(A) Inspect and examine all premises where casino gaming is	4831
conducted or gaming supplies, devices, or equipment are	4832
manufactured, sold, or distributed;	4833

(B) Inspect all gaming supplies, devices, and equipment in or	4834
about a casino facility;	4835

(C) Summarily impound and seize and remove from the casino	4836
facility premises gaming supplies, devices, and equipment for the	4837
purpose of examination and inspection;	4838

(D) Determine any facts, or any conditions, practices, or	4839
other matters, as the commission considers necessary or proper to	4840
aid in the enforcement of this chapter or of a rule adopted	4841
thereunder;	4842

(E) Audit gaming operations, including those that have ceased	4843
operation;	4844

(F) Investigate, for the purpose of prosecution, any	4845
suspected violation of this chapter or rules adopted thereunder;	4846

(G) Investigate as appropriate to aid the commission and to	4847
seek the executive director's advice in adopting rules;	4848

(H) Secure information as is necessary to provide a basis for	4849
recommending legislation for the improvement of this chapter;	4850

(I) Make, execute, and otherwise effectuate all contracts and	4851
other agreements, including contracts for necessary purchases of	4852
goods and services. The commission shall ensure use of Ohio	4853
products or services in compliance with sections 125.09 and 125.11	4854
of the Revised Code and all rules adopted thereunder.	4855

(J) Employ the services of persons the commission considers	4856
necessary for the purposes of consultation or investigation, and	4857
fix the salaries of, or contract for the services of, legal,	4858
accounting, technical, operational, and other personnel and	4859
consultants;	4860

(K) Secure, by agreement, information and services as the	4861
commission considers necessary from any state agency or other unit	4862
of state government;	4863

(L) Acquire furnishings, equipment, supplies, stationery,	4864
books, and all other things the commission considers necessary or	4865
desirable to successfully and efficiently carry out the	4866
commission's duties and functions; and	4867

(M) Perform all other things the commission considers	4868
necessary to effectuate the intents and purposes of this chapter.	4869
This section shall not prohibit the commission from imposing	4870
administrative discipline, including fines and suspension or	4871
revocation of licenses, on licensees under this chapter if the	4872
licensee is found to be in violation of the commission's rules.	4873

Sec. 3772.034. Absent gross negligence, a casino operator,	4874
management company, holding company, gaming-related vendor, the	4875
state, and employees of those entities are entitled to immunity	4876
from any type of civil liability if a person participating in the	4877
voluntary exclusion program enters a casino facility.	4878

Sec. 3772.04. (A)(1) If, as the result of an investigation,	4879
the commission concludes that a license or finding required by	4880
this chapter should be limited, conditioned, or restricted, or	4881
suspended or revoked, the commission shall conduct an adjudication	4882
under Chapter 119. of the Revised Code.	4883

(2) The commission shall appoint a hearing examiner to	4884
conduct the hearing in the adjudication. A party to the	4885
adjudication may file written objections to the hearing examiner's	4886
report and recommendations not later than the thirtieth day after	4887
they are served upon the party or the party's attorney or other	4888
representative of record. The commission shall not take up the	4889
hearing examiner's report and recommendations earlier than the	4890
thirtieth day after the hearing examiner's report and	4891
recommendations were submitted to the commission.	4892

(3) If the commission finds that a person has violated this	4893
chapter or a rule adopted thereunder, the commission may issue an	4894
order:	4895

(a) Limiting, conditioning, or restricting, or suspending or	4896
revoking, a license issued under this chapter;	4897

(b) Limiting, conditioning, or restricting, or suspending or	4898
revoking, a finding made under this chapter;	4899

(c) Requiring a casino facility to exclude a licensee from	4900
the casino facility or requiring a casino facility not to pay to	4901
the licensee any remuneration for services or any share of	4902
profits, income, or accruals on the licensee's investment in the	4903
casino facility; or	4904

(d) Fining a licensee or other person according to the	4905
penalties adopted by the commission.	4906

(4) An order may be judicially reviewed under section 119.12	4907
of the Revised Code.	4908

(B) For the purpose of conducting any study or investigation,	4909
the commission may direct that public hearings be held at a time	4910
and place, prescribed by the commission, in accordance with	4911
section 121.22 of the Revised Code. The commission shall give	4912
notice of all public hearings in such manner as will give actual	4913
notice to all interested parties.	4914

(C) In the discharge of any duties imposed by this chapter,	4915
the commission may require that testimony be given under oath and	4916
administer such oath, issue subpoenas compelling the attendance of	4917
witnesses and the production of any papers, books, and accounts,	4918
and cause the deposition of any witness. In the event of the	4919
refusal of any person without good cause to comply with the terms	4920
of a subpoena issued by the commission or refusal to testify on	4921
matters about which the person may lawfully be questioned, the	4922
prosecuting attorney of the county in which such person resides,	4923
upon the petition of the commission, may bring a proceeding for	4924
contempt against such person in the court of common pleas of that	4925
county.	4926

(D) When conducting a public hearing, the commission shall	4927
not limit the number of speakers who may testify. However, the	4928
commission may set reasonable time limits on the length of an	4929
individual's testimony or the total amount of time allotted to	4930
proponents and opponents of an issue before the commission.	4931

(E) An administrative law judge appointed by the commission	4932
may conduct a hearing under this chapter and recommend findings of	4933
fact and decisions to the commission.	4934

(F) The commission may rely, in whole or in part, upon	4935
investigations, conclusions, or findings of other casino gaming	4936
commissions or other government regulatory bodies in connection	4937
with licensing, investigations, or other matters relating to an	4938
applicant or licensee under this chapter.	4939

Sec. 3772.05. To carry out the provisions of this chapter and	4940
other enforcement provisions provided for under the laws of this	4941
state, the tax commissioner, the Ohio ethics commission, the	4942
inspector general, and the commission, and their respective	4943
employees, may demand access to and inspect, examine, photocopy,	4944
and audit all books, accounts, records, and memoranda of any	4945
person that is not protected by privilege and that is subject to	4946
the provisions of this chapter, and may examine under oath any	4947
officer, agent, or employee of that person.	4948

Sec. 3772.051. Upon cessation of gaming operations, a former	4949
licensee shall furnish, upon the demand of the commission, books,	4950
papers, and other records as necessary for the commission to audit	4951
the ceased gaming operation. A former licensee shall maintain all	4952
books, papers, and other records for a period of three years after	4953
the cessation of gaming operations. However, if a civil action or	4954
criminal proceeding relating to the former licensee is pending, or	4955
if an administrative adjudication or judicial review of an	4956
administrative adjudication relating to the former licensee is	4957
pending, the former licensee shall maintain all books, papers, and	4958
other records until the matter has been finally determined.	4959

If a person disobeys a subpoena or subpoena duces tecum, or	4960
refuses to testify as directed by a subpoena, the commission shall	4961
request the prosecutor of the county in which the person resides	4962
to apply to the court of common pleas for an order compelling the	4963
person to attend or to produce tangible evidence, or to testify,	4964
as directed by the subpoena or subpoena duces tecum. The court	4965
shall treat the application as if it were disobedience to comply	4966
with a subpoena or subpoena duces tecum issued by the court or a	4967
refusal to testify in the court.	4968

Sec. 3772.06. (A)(1) The commission shall appoint an	4969
executive director who shall serve at the pleasure of the	4970
commission. The executive director is in the unclassified service,	4971
shall devote full time to the duties of the office, and shall hold	4972
no other office or employment. The executive director shall, by	4973
experience and training, possess management skills that equip the	4974
executive director to administer an enterprise of the nature of	4975
the commission. The executive director shall not have a pecuniary	4976
interest in any business organization that holds a license under	4977
this chapter, or that does business with any person licensed under	4978
this chapter. A member of the general assembly, a person who holds	4979
an elective office, or an office holder of a political party is	4980
ineligible to be appointed executive director at the same time as	4981
being such a member or holding such an office. The executive	4982
director shall receive an annual salary in accordance with pay	4983
range 48 of section 124.152 of the Revised Code.	4984

(2) The executive director, before entering upon the	4985
discharge of the executive director's official duties, shall give,	4986
and thereafter shall maintain, bond in the amount of twenty-five	4987
thousand dollars, payable to the state, conditioned upon the	4988
executive director's faithful and proper performance of the	4989
executive director's official duties. The bond shall be issued by	4990
a surety authorized to do business in this state and shall be	4991
filed with the secretary of state. The bond may be an individual	4992
bond or a schedule or blanket bond.	4993

(B)(1) The executive director or a deputy designated in	4994
writing by the executive director shall attend all meetings of the	4995
commission and shall act as its secretary. The executive director	4996
shall keep a record of all commission proceedings and shall keep	4997
the commission's records, files, and documents at the commission's	4998
principal office.	4999

(2) The executive director shall be the chief executive	5000
officer and shall be responsible for keeping all commission	5001
records and supervising and administering casino gaming in	5002
accordance with this chapter, and enforcing all commission rules	5003
adopted under this chapter.	5004

(3) The executive director shall hire staff, including an	5005
assistant director or deputy directors, as necessary to assist the	5006
executive director in the executive director's duties under this	5007
chapter. In appointing employees, the executive director is	5008
subject to section 3772.061 of the Revised Code. The executive	5009
director may employ employees as necessary, unless the commission	5010
determines otherwise. Except as otherwise provided in this	5011
chapter, all costs of administration incurred by the executive	5012
director and the executive director's employees shall be paid out	5013
of the casino control commission fund.	5014

(C) A state agency or other unit of state government shall	5015
cooperate with the commission, and shall provide the commission	5016
with information and services the commission considers necessary	5017
to carry out the commission's duties and functions under this	5018
chapter.	5019

(D) The executive director shall confer at least once each	5020
month with the commission, at which time the executive director	5021
shall advise it regarding the operation and administration of the	5022
commission and casino gaming. The executive director shall make	5023
available at the request of the commission all documents, files,	5024
and other records pertaining to the operation and administration	5025
of the commission and casino gaming. The executive director shall	5026
prepare and make available to the commission each month a complete	5027
and accurate accounting of gross casino gaming revenues, and all	5028
other relevant financial information, including an accounting of	5029
all transfers made from the casino control commission fund.	5030

Sec. 3772.061. The executive director of the commission	5031
shall appoint the number of professional, technical, and clerical	5032
employees that is necessary, in the executive director's	5033
reasonable opinion, for conducting internal audits, as an internal	5034
auditing department, of the commission. The professional and	5035
technical employees so appointed shall be qualified by education,	5036
licensing (if relevant), and experience to perform the internal	5037
audit function successfully and efficiently. These employees,	5038
together with clerical employees necessary for their support,	5039
shall be assigned only to the internal audit function and not to	5040
any other function of the commission.	5041

The internal auditing department, at reasonable intervals and	5042
as necessary, shall conduct internal audits of the commission. The	5043
internal audits shall audit the accounts and transactions of the	5044
commission, ascertain the condition of funds used by the	5045
commission, and make an inventory of the funds and of the assets	5046
under the control of the commission. The report of an internal	5047
audit shall be signed by the employee who was principally	5048
responsible for conducting the internal audit. A copy of the	5049
signed report shall be forwarded to the commission and to the	5050
auditor of state. The report is not a public record that is open	5051
to public inspection and copying until it has been forwarded as	5052
required by the preceding sentence.	5053

Sec. 3772.062. The executive director of the commission	5054
shall enter into an agreement with the department of alcohol and	5055
drug addiction services under which the department provides a	5056
program of gambling and addiction services on behalf of the	5057
commission.	5058

Sec. 3772.07. The following appointing or licensing	5059
authorities shall obtain a criminal records check of the person	5060
who is to be appointed or licensed:	5061

(A) The governor, before appointing an individual as a member	5062
of the commission;	5063

(B) The commission, before appointing an individual as	5064
executive director or a gaming agent;	5065

(C) The commission, before issuing a license for a key	5066
employee or casino gaming employee, and before issuing a license	5067
for each investor, except an institutional investor, for a casino	5068
operator, management company, holding company, or gaming-related	5069
vendor;	5070

(D) The executive director, before appointing an individual	5071
as a professional, technical, or clerical employee of the	5072
commission.	5073

Thereafter, such an appointing or licensing authority shall	5074
obtain a criminal records check of the same individual at	5075
three-year intervals.	5076

The appointing or licensing authority shall provide to each	5077
person of whom a criminal records check is required a copy of the	5078
form and the standard fingerprint impression sheet prescribed	5079
under divisions (C)(1) and (2) of section 109.572 of the Revised	5080
Code. The person shall complete the form and impression sheet and	5081
return them to the appointing or licensing authority. If a person	5082
fails to complete and return the form and impression sheet within	5083
a reasonable time, the person is ineligible to be appointed or	5084
licensed or to continue in the appointment or licensure.	5085

The appointing or licensing authority shall forward the	5086
completed form and impression sheet to the superintendent of the	5087
bureau of criminal identification and investigation. The	5088
appointing or licensing authority shall request the superintendent	5089
also to obtain information from the federal bureau of	5090
investigation, including fingerprint-based checks of the national	5091
crime information databases, and from other states and the federal	5092
government under the national crime prevention and privacy compact	5093
as part of the criminal records check.	5094

The commission shall pay the fee the bureau of criminal	5095
identification and investigation charges for all criminal records	5096
checks conducted under this section. An applicant for a casino	5097
operator, management company, holding company, or gaming-related	5098
vendor license shall reimburse the commission for the amount of	5099
the fee paid on the applicant's behalf. An applicant for a key	5100
employee or casino gaming employee license shall reimburse the	5101
commission for the amount of the fee paid on the applicant's	5102
behalf, unless the applicant is applying at the request of a	5103
casino operator or management company, in which case the casino	5104
operator or management company shall reimburse the commission.	5105

The appointing or licensing authority shall review the	5106
results of a criminal records check. The appointing or licensing	5107
authority shall not appoint or license or retain the appointment	5108
or licensure of a person a criminal records check discloses has	5109
been convicted of or has pleaded guilty or no contest to a	5110
disqualifying offense. A "disqualifying offense" means any	5111
gambling offense, any theft offense, any offense having an element	5112
of fraud or misrepresentation, any offense having an element of	5113
moral turpitude, and any felony not otherwise included in the	5114
foregoing list, except as otherwise provided in section 3772.10 of	5115
the Revised Code.	5116

The report of a criminal records check is not a public record	5117
that is open to public inspection and copying. The commission	5118
shall not make the report available to any person other than the	5119
person who was the subject of the criminal records check; an	5120
appointing or licensing authority; a member, the executive	5121
director, or an employee of the commission; or any court or	5122
agency, including a hearing examiner, in a judicial or	5123
administrative proceeding in which the criminal records check is	5124
relevant.	5125

Sec. 3772.08. (A) Casino gaming shall be conducted only by	5126
licensed casino operators of the four casino facilities or by a	5127
licensed management company retained by a licensed casino	5128
operator.	5129

(B) A licensed casino operator, licensed management company,	5130
or another person may provide nongaming amenities at the casino	5131
facility.	5132

(C) No licensed casino operator shall offer keno at a casino	5133
facility other than keno authorized by the state lottery	5134
commission.	5135

Sec. 3772.081. A casino facility may be opened in phases and	5136
may have gaming areas in one or more locations, buildings, or	5137
rooms that are connected by walkways or by nongaming amenities	5138
that together constitute a single casino facility within the	5139
boundaries of the properties described in Section 6(C)(9) of	5140
Article XV, Ohio Constitution.	5141

Sec. 3772.09. (A) No casino operator, management company,	5142
holding company, gaming-related vendor, key employee, or casino	5143
gaming employee shall conduct or participate in conducting casino	5144
gaming without first obtaining a license from the commission.	5145

(B) Before a licensed casino operator may conduct casino	5146
gaming at a casino facility, a licensed casino operator shall	5147
engage a third-party engineering or accounting firm to certify	5148
expenses of its initial investment, as required by section 3772.27	5149
of the Revised Code, and provide documentation to the commission.	5150
The third-party engineering or accounting firm shall be approved	5151
by the commission and shall certify expenses in accordance with	5152
rules adopted by the commission under section 3772.03 of the	5153
Revised Code. The commission may request the department of	5154
administrative services to assist the commission in carrying out	5155
its duties under this section.	5156

Sec. 3772.091. (A) No license issued under this chapter is	5157
transferable. New majority ownership interest or control shall	5158
require a new license. The commission may reopen a licensing	5159
investigation at any time. A significant change in or transfer of	5160
control, as determined by the commission, shall require the filing	5161
of an application for a new license and submission of a license	5162
fee with the commission before any such change or transfer of	5163
control is approved. A change in or transfer of control to an	5164
immediate family member is not considered a significant change	5165
under this section.	5166

(B) As used in this section, "control" means either of the	5167
following:	5168

(1) Either:

5169

(a) Holding fifty per cent or more of the outstanding voting	5170
securities of a licensee; or	5171

(b) For an unincorporated licensee, having the right to fifty	5172
per cent or more of the profits of the licensee, or having the	5173
right in the event of dissolution to fifty per cent or more of the	5174
assets of the licensee.	5175

(2) Having the contractual power presently to designate fifty	5176
per cent or more of the directors of a for-profit or	5177
not-for-profit corporation, or in the case of trusts described in	5178
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	5179
a trust.	5180

Sec. 3772.10. (A) In determining whether to grant or maintain	5181
the privilege of a casino operator, management company, holding	5182
company, key employee, casino gaming employee, or gaming-related	5183
vendor license, the Ohio casino control commission shall consider	5184
all of the following, as applicable:	5185

(1) The reputation, experience, and financial integrity of	5186
the applicant, its holding company, if applicable, and any other	5187
person that directly controls the applicant;	5188

(2) The financial ability of the applicant to purchase and	5189
maintain adequate liability and casualty insurance;	5190

(3) The past and present compliance of the applicant and its	5191
affiliates or affiliated companies with casino-related licensing	5192
requirements in this state or any other jurisdiction, including	5193
whether the applicant has a history of noncompliance with the	5194
casino licensing requirements of any jurisdiction;	5195

(4) If the applicant has been indicted, convicted, pleaded	5196
guilty or no contest, or forfeited bail concerning any criminal	5197
offense under the laws of any jurisdiction, either felony or	5198
misdemeanor, not including traffic violations;	5199

(5) If the applicant has filed, or had filed against it a	5200
proceeding for bankruptcy or has ever been involved in any formal	5201
process to adjust, defer, suspend, or otherwise work out the	5202
payment of any debt;	5203

(6) If the applicant has been served with a complaint or	5204
other notice filed with any public body regarding a payment of any	5205
tax required under federal, state, or local law that has been	5206
delinquent for one or more years;	5207

(7) If the applicant is or has been a defendant in litigation	5208
involving its business practices;	5209

(8) If awarding a license would undermine the public's	5210
confidence in the casino gaming industry in this state;	5211

(9) If the applicant meets other standards for the issuance	5212
of a license that the commission adopts by rule, which shall not	5213
be arbitrary, capricious, or contradictory to the expressed	5214
provisions of this chapter.	5215

(B) All applicants for a license under this chapter shall	5216
establish their suitability for a license by clear and convincing	5217
evidence. If the commission determines that a person is eligible	5218
under this chapter to be issued a license as a casino operator,	5219
management company, holding company, key employee, casino gaming	5220
employee, or gaming-related vendor, the commission shall issue	5221
such license for not more than three years, as determined by	5222
commission rule, if all other requirements of this chapter have	5223
been satisfied.	5224

(C) The commission shall not issue a casino operator,	5225
management company, holding company, key employee, casino gaming	5226
employee, or gaming-related vendor license under this chapter to	5227
an applicant if:	5228

(1) Except as otherwise provided, the applicant has been	5229
convicted of a disqualifying offense, as defined in section	5230
3772.07 of the Revised Code. For an offense other than a gambling	5231
offense, an applicant for a casino gaming employee license may	5232
prove to the commission, by clear and convincing evidence, that	5233
the applicant's activities and employment record for at least ten	5234
years after the conviction show that the applicant is honest,	5235
truthful, and of good reputation, and there is no basis in fact	5236
for believing that the applicant will commit such an offense	5237
again. For a misdemeanor gambling offense or misdemeanor sex	5238
offense, an applicant may prove to the commission, by clear and	5239
convincing evidence, that the applicant's activities and	5240
employment record for at least ten years after the conviction show	5241
that the applicant is honest, truthful, and of good reputation,	5242
and there is no basis in fact for believing that the applicant	5243
will commit such an offense again.	5244

(2) The applicant has submitted an application for license	5245
under this chapter that contains false information.	5246

(3) The applicant is a commission member.

5247

(4) The applicant owns an ownership interest that is unlawful	5248
under this chapter, unless waived by the commission.	5249

(5) The applicant violates specific rules adopted by the	5250
commission related to denial of licensure.	5251

(6) The applicant is a member of or employed by a gaming	5252
regulatory body of a governmental unit in this state, another	5253
state, or the federal government, or is employed by a governmental	5254
unit of this state. This division does not prohibit a casino	5255
operator from hiring special duty law enforcement officers if the	5256
officers are not specifically involved in gaming-related	5257
regulatory functions.	5258

(7) The commission otherwise determines the applicant is	5259
ineligible for the license.	5260

(D)(1) The commission shall investigate the qualifications of	5261
each applicant under this chapter before any license is issued and	5262
before any finding with regard to acts or transactions for which	5263
commission approval is required is made. The commission shall	5264
continue to observe the conduct of all licensees and all other	5265
persons having a material involvement directly or indirectly with	5266
a casino operator, management company, or holding company to	5267
ensure that licenses are not issued to or held by, or that there	5268
is not any material involvement with a casino operator, management	5269
company, or holding company by, an unqualified, disqualified, or	5270
unsuitable person or a person whose operations are conducted in an	5271
unsuitable manner or in unsuitable or prohibited places or	5272
locations.	5273

(2) The executive director may recommend to the commission	5274
that it deny any application, or limit, condition, or restrict, or	5275
suspend or revoke, any license or finding, or impose any fine upon	5276
any licensee or other person according to this chapter and the	5277
rules adopted thereunder.	5278

(3) A license issued under this chapter is a revocable	5279
privilege. No licensee has a vested right in or under any license	5280
issued under this chapter. The initial determination of the	5281
commission to deny, or to limit, condition, or restrict, a license	5282
may be appealed under section 2505.03 of the Revised Code.	5283

(E)(1) An institutional investor otherwise required to be	5284
found suitable or qualified under this chapter and the rules	5285
adopted under this chapter shall be presumed suitable or qualified	5286
upon submitting documentation sufficient to establish	5287
qualifications as an institutional investor and upon certifying	5288
all of the following:	5289

(a) The institutional investor owns, holds, or controls	5290
publicly traded securities issued by a licensee or holding,	5291
intermediate, or parent company of a licensee or in the ordinary	5292
course of business for investment purposes only.	5293

(b) The institutional investor does not exercise influence	5294
over the affairs of the issuer of such securities nor over any	5295
licensed subsidiary of the issuer of such securities.	5296

(c) The institutional investor does not intend to exercise	5297
influence over the affairs of the issuer of such securities, nor	5298
over any licensed subsidiary of the issuer of such securities, in	5299
the future, and that it agrees to notify the commission in writing	5300
within thirty days if such intent changes.	5301

(2) The exercise of voting privileges with regard to publicly	5302
traded securities shall not be deemed to constitute the exercise	5303
of influence over the affairs of a licensee.	5304

(3) The commission shall rescind the presumption of	5305
suitability for an institutional investor at any time if the	5306
institutional investor exercises or intends to exercise influence	5307
or control over the affairs of the licensee.	5308

(4) This division shall not be construed to preclude the	5309
commission from investigating the suitability or qualifications of	5310
an institutional investor if the commission becomes aware of facts	5311
or information that may result in the institutional investor being	5312
found unsuitable or disqualified.	5313

(F) Information provided on the application shall be used as	5314
a basis for a thorough background investigation of each applicant.	5315
A false or incomplete application is cause for denial of a license	5316
by the commission. All applicants and licensees shall consent to	5317
inspections, searches, and seizures and to the disclosure to the	5318
commission and its agents of confidential records, including tax	5319
records, held by any federal, state, or local agency, credit	5320
bureau, or financial institution and to provide handwriting	5321
exemplars, photographs, fingerprints, and information as	5322
authorized in this chapter and in rules adopted by the commission.	5323

Sec. 3772.11. (A) A person may apply to the commission for a	5324
casino operator, management company, or holding company license to	5325
conduct casino gaming at a casino facility as provided in this	5326
chapter. The application shall be made under oath on forms	5327
provided by the commission and shall contain information as	5328
prescribed by rule, including, but not limited to, all of the	5329
following:	5330

(1) The name, business address, business telephone number,	5331
social security number, and, where applicable, the federal tax	5332
identification number of any applicant;	5333

(2) The identity of every person having a greater than five	5334
per cent direct or indirect interest in the applicant casino	5335
facility for which the license is sought for publicly traded	5336
companies or greater than one per cent for privately held	5337
companies;	5338

(3) An identification of any business, including the state of	5339
incorporation or registration if applicable, in which an	5340
applicant, or the spouse or children of an applicant, has an	5341
equity interest of more than five per cent;	5342

(4) The name of any casino operator, management company,	5343
holding company, and gaming-related vendor in which the applicant	5344
has an equity interest of at least five per cent;	5345

(5) If an applicant has ever applied for or has been granted	5346
any gaming license or certificate issued by a licensing authority	5347
in Ohio or any other jurisdiction that has been denied,	5348
restricted, suspended, revoked, or not renewed and a statement	5349
describing the facts and circumstances concerning the application,	5350
denial, restriction, suspension, revocation, or nonrenewal,	5351
including the licensing authority, the date each action was taken,	5352
and the reason for each action;	5353

(6) If an applicant has ever filed or had filed against it a	5354
civil or administrative action or proceeding in bankruptcy,	5355
including the date of filing, the name and location of the court,	5356
the case caption, the docket number, and the disposition;	5357

(7) The name and business telephone number of any attorney	5358
representing an applicant in matters before the commission;	5359

(8) Information concerning the amount, type of tax, the	5360
taxing agency, and times involved, if the applicant has filed or	5361
been served with a complaint or notice filed with a public body	5362
concerning a delinquency in the payment of or a dispute over a	5363
filing concerning the payment of a tax required under federal,	5364
state, or local law;	5365

(9) A description of any proposed casino gaming operation and	5366
related casino enterprises, including the type of casino facility,	5367
location, expected economic benefit to the community, anticipated	5368
or actual number of employees, any statement from an applicant	5369
regarding compliance with federal and state affirmative action	5370
guidelines, projected or actual admissions, projected or actual	5371
gross receipts, and scientific market research;	5372

(10) Financial information in the manner and form prescribed	5373
by the commission;	5374

(11) If an applicant has directly made a political	5375
contribution, loan, donation, or other payment of one hundred	5376
dollars or more to a statewide office holder, a member of the	5377
general assembly, a local government official elected in a	5378
jurisdiction where a casino facility is located, or a ballot issue	5379
not more than one year before the date the applicant filed the	5380
application and all information relating to the contribution,	5381
loan, donation, or other payment;	5382

(12) Any criminal conviction; and

5383

(13) Other information required by the commission under rules	5384
adopted by the commission.	5385

(B) Any holding company or management company, its directors,	5386
executive officers, and any shareholder who holds more than five	5387
per cent ownership interest of a holding company or management	5388
company shall be required to submit the same information as	5389
required by an applicant under this section.	5390

Sec. 3772.111. In determining whether to grant a casino	5391
operator license, the commission shall also consider:	5392

(A) The facilities or proposed facilities for the conduct of	5393
casino gaming;	5394

(B) The prospective total revenue to be collected by the	5395
state from the conduct of casino gaming;	5396

(C) The extent to which the applicant exceeds or meets other	5397
standards adopted by the commission.	5398

Sec. 3772.12. (A) A person may apply for a gaming-related	5399
vendor license. All applications shall be made under oath.	5400

(B) A person who holds a gaming-related vendor's license is	5401
authorized to sell or lease, and to contract to sell or lease,	5402
equipment and supplies to any licensee involved in the ownership	5403
or management of a casino facility.	5404

(C) Gambling supplies and equipment shall not be distributed	5405
unless supplies and equipment conform to standards adopted in	5406
rules adopted by the commission.	5407

Sec. 3772.121. (A) The commission may issue a gaming-related	5408
vendor's license under this chapter to an applicant who has:	5409

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

5410

(2) Paid a nonrefundable license fee as described in section	5411
3772.17 of the Revised Code, which shall cover all actual costs	5412
generated by each licensee and all background checks;	5413

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

5414

(4) Been determined by the commission as eligible for a	5415
gaming-related vendor's license.	5416

(B) A gaming-related vendor shall furnish to the commission a	5417
list of all equipment, devices, and supplies offered for sale or	5418
lease in connection with casino games authorized under this	5419
chapter.	5420

(C) A gaming-related vendor's equipment, devices, or supplies	5421
that are used by a person in an unauthorized casino gaming	5422
operation shall be forfeited to the state.	5423

Sec. 3772.13. (A) No person may be employed as a key employee	5424
unless the person is the holder of a valid key employee license	5425
issued by the commission.	5426

(B) Each applicant shall, before the issuance of any key	5427
employee license, produce information, documentation, and	5428
assurances as are required by this chapter and rules adopted	5429
thereunder. In addition, each applicant shall, in writing,	5430
authorize the examination of all bank accounts and records as may	5431
be deemed necessary by the commission.	5432

(C) To be eligible for a key employee license, the applicant	5433
shall be at least twenty-one years of age and shall meet the	5434
criteria set forth by rule by the commission.	5435

(D) Each application for a key employee license shall be on a	5436
form prescribed by the commission and shall contain all	5437
information required by the commission. The applicant shall set	5438
forth in the application if the applicant has been issued prior	5439
gambling-related licenses; if the applicant has been licensed in	5440
any other state under any other name, and, if so, the name under	5441
which the license was issued and the applicant's age at the time	5442
the license was issued; any criminal conviction the applicant has	5443
had; and if a permit or license issued to the applicant in any	5444
other state has been suspended, restricted, or revoked, and, if	5445
so, the cause and the duration of each action.	5446

(E) Each applicant shall submit with each application, on a	5447
form provided by the commission, two sets of fingerprints and a	5448
photograph. The commission shall charge each applicant an	5449
application fee set by the commission to cover all actual costs	5450
generated by each licensee and all background checks under this	5451
section and section 3772.07 of the Revised Code.	5452

(F)(1) The casino operator, management company, or holding	5453
company by whom a person is employed as a key employee shall	5454
terminate the person's employment in any capacity requiring a	5455
license under this chapter and shall not in any manner permit the	5456
person to exercise a significant influence over the operation of a	5457
casino facility if:	5458

(a) The person does not apply for and receive a key employee	5459
license within six months of being issued a provisional license,	5460
as established under commission rule, and the commission finds	5461
that recalcitrance unsuitable.	5462

(b) The person's application for a key employee license is	5463
denied by the commission.	5464

(c) The person's key employee license is revoked by the	5465
commission.	5466

The commission shall notify the casino operator, management	5467
company, or holding company who employs such a person by certified	5468
mail of any such finding, denial, or revocation.	5469

(2) A casino operator, management company, or holding company	5470
shall not pay to a person whose employment is terminated under	5471
division (F)(1) of this section, any remuneration for any services	5472
performed in any capacity in which the person is required to be	5473
licensed, except for amounts due for services rendered before	5474
notice was received under that division. A contract or other	5475
agreement for personal services or for the conduct of any casino	5476
gaming at a casino facility between a casino operator, management	5477
company, or holding company and a person whose employment is	5478
terminated under division (F)(1) of this section may be terminated	5479
by the casino operator, management company, or holding company	5480
without further liability on the part of the casino operator,	5481
management company, or holding company. Any such contract or other	5482
agreement is deemed to include a term authorizing its termination	5483
without further liability on the part of the casino operator,	5484
management company, or holding company upon receiving notice under	5485
division (F)(1) of this section. That a contract or other	5486
agreement does not expressly include such a term is not a defense	5487
in any action brought to terminate the contract or other	5488
agreement, and is not grounds for relief in any action brought	5489
questioning termination of the contract or other agreement.	5490

(3) A casino operator, management company, or holding	5491
company, without having obtained the prior approval of the	5492
commission, shall not enter into any contract or other agreement	5493
with a person who has been found unsuitable, who has been denied a	5494
license, or whose license has been revoked under division (F)(1)	5495
of this section, or with any business enterprise under the control	5496
of such a person, after the date on which the casino operator,	5497
management company, or holding company receives notice under that	5498
division.	5499

Sec. 3772.131. (A) All casino gaming employees are required	5500
to have a casino gaming employee license. "Casino gaming employee"	5501
means the following and their supervisors:	5502

(1) Individuals involved in operating a casino gaming pit,	5503
including dealers, shills, clerks, hosts, and junket	5504
representatives;	5505

(2) Individuals involved in handling money, including	5506
cashiers, change persons, count teams, and coin wrappers;	5507

(3) Individuals involved in operating casino games;

5508

(4) Individuals involved in operating and maintaining slot	5509
machines, including mechanics, floor persons, and change and	5510
payoff persons;	5511

(5) Individuals involved in security, including guards and	5512
game observers;	5513

(6) Individuals with duties similar to those described in	5514
divisions (A)(1) to (5) of this section or other persons as the	5515
commission determines. "Casino gaming employee" does not include	5516
an individual whose duties are related solely to nongaming	5517
activities such as entertainment, hotel operation, maintenance, or	5518
preparing or serving food and beverages.	5519

(B) The commission may issue a casino gaming employee license	5520
to an applicant after it has determined that the applicant is	5521
eligible for a license under rules adopted by the commission and	5522
paid any applicable fee. All applications shall be made under	5523
oath.	5524

(C) To be eligible for a casino gaming employee license, an	5525
applicant shall be at least twenty-one years of age.	5526

(D) Each application for a casino gaming employee license	5527
shall be on a form prescribed by the commission and shall contain	5528
all information required by the commission. The applicant shall	5529
set forth in the application if the applicant has been issued	5530
prior gambling-related licenses; if the applicant has been	5531
licensed in any other state under any other name, and, if so, the	5532
name under which the license was issued and the applicant's age at	5533
the time the license was issued; any criminal conviction the	5534
applicant has had; and if a permit or license issued to the	5535
applicant in any other state has been suspended, restricted, or	5536
revoked, and, if so, the cause and the duration of each action.	5537

(E) Each applicant shall submit with each application, on a	5538
form provided by the commission, two sets of the applicant's	5539
fingerprints and a photograph. The commission shall charge each	5540
applicant an application fee to cover all actual costs generated	5541
by each licensee and all background checks.	5542

Sec. 3772.14. (A) After notice and opportunity for an	5543
adjudication conducted under Chapter 119. of the Revised Code, the	5544
commission may suspend, revoke, or refuse to issue or renew a	5545
license in accordance with rules adopted by the commission and the	5546
commission may reopen a licensing hearing at any time.	5547

(B) Without in any manner limiting the authority of the	5548
commission to impose the level and type of discipline it may	5549
consider appropriate, the commission may take into consideration:	5550

(1) If the licensee knew or reasonably should have known that	5551
the action complained of was a violation of any law, regulation,	5552
or condition on the licensee's license;	5553

(2) If the licensee has previously been disciplined by the	5554
commission;	5555

(3) If the licensee has previously been subject to discipline	5556
by the commission concerning the violation of any law, regulation,	5557
or condition of the licensee's license;	5558

(4) If the licensee reasonably relied upon professional	5559
advice from a lawyer, doctor, accountant, or other recognized	5560
professional that was relevant to the action resulting in the	5561
violation;	5562

(5) If the licensee or licensee's employer had a reasonably	5563
constituted and functioning compliance program;	5564

(6) If the imposition of a condition requiring the licensee	5565
to establish and implement a written self-enforcement and	5566
compliance program would assist in ensuring the licensee's future	5567
compliance with all statutes, regulations, and conditions of the	5568
license;	5569

(7) If the licensee realized a pecuniary gain from the	5570
violation;	5571

(8) If the amount of any fine or other penalty imposed would	5572
result in disgorgement of any gains unlawfully realized by the	5573
licensee;	5574

(9) If the violation was caused by an officer or employee of	5575
the licensee, the level of authority of the individual who caused	5576
the violation;	5577

(10) If the individual who caused the violation acted within	5578
the scope of the individual's authority as granted by the	5579
licensee;	5580

(11) The adequacy of any training programs offered by the	5581
licensee or licensee's employer that were relevant to the activity	5582
which resulted in the violation;	5583

(12) If the licensee's action substantially deviated from	5584
industry standards and customs;	5585

(13) The extent to which the licensee cooperated with the	5586
commission during the investigation of the violation;	5587

(14) If the licensee has initiated remedial measures to	5588
prevent similar violations;	5589

(15) The magnitude of penalties imposed on other licensees	5590
for similar violations;	5591

(16) The proportionality of the penalty in relation to the	5592
misconduct;	5593

(17) The extent to which the amount of any fine imposed would	5594
punish the licensee for the conduct and deter future violations;	5595

(18) Any mitigating factors offered by the licensee; and

5596

(19) Any other factors the commission in its sole and	5597
absolute discretion may consider relevant.	5598

Sec. 3772.15. (A) Unless a license issued under this chapter	5599
is suspended, expires, or is revoked, the license shall be renewed	5600
for not more than three years, as determined by commission rule,	5601
after a determination by the commission that the licensee is in	5602
compliance with this chapter and rules authorized by this chapter	5603
and after the licensee pays a fee.	5604

(B) A licensee shall undergo a complete investigation at	5605
least every three years, as determined by commission rule, to	5606
determine that the licensee remains in compliance with this	5607
chapter.	5608

(C) Notwithstanding division (B) of this section, the	5609
commission may investigate a licensee at any time the commission	5610
determines it is necessary to ensure that the licensee remains in	5611
compliance with this section.	5612

(D) The holder of a license shall bear the cost of an	5613
investigation, except key employees and casino gaming employees	5614
who are employed by a casino operator, in which case the casino	5615
operator shall pay the investigation cost.	5616

Sec. 3772.16. (A) Any information concerning the following	5617
submitted, collected, or gathered as part of an application to the	5618
commission for a license under this chapter is confidential and	5619
not subject to disclosure as a record under section 149.43 of the	5620
Revised Code:	5621

(1) A minor child of an applicant;

5622

(2) The social security number of an applicant or the spouse	5623
of an applicant;	5624

(3) The home telephone number of an applicant or the spouse	5625
or children of an applicant;	5626

(4) An applicant's birth certificate;

5627

(5) The driver's license number of an applicant or the	5628
applicant's spouse;	5629

(6) The name or address of a previous spouse of the	5630
applicant;	5631

(7) The date of birth of the spouse of an applicant;

5632

(8) The place of birth of the spouse of an applicant;

5633

(9) The personal financial information and records of an	5634
applicant or the spouse or minor child of an applicant, including	5635
tax returns and information, and records of criminal proceedings;	5636

(10) Any information concerning a victim of domestic	5637
violence, sexual assault, or stalking;	5638

(11) The electronic mail address of the spouse or family	5639
member of the applicant;	5640

(12) An applicant's home addresses; and

5641

(13) Any trade secret.

5642

(B) Notwithstanding any other law, upon written request from	5643
a person, the commission shall provide the following information	5644
to the person except as provided in this chapter:	5645

(1) The information provided under this chapter concerning a	5646
licensee or an applicant;	5647

(2) The amount of the wagering tax and admission tax paid	5648
daily to the state by a licensed applicant or an operating agent;	5649
and	5650

(3) A copy of a letter providing the reasons for the denial	5651
of an applicant's license or an operating agent's contract and a	5652
copy of a letter providing the reasons for the commission's	5653
refusal to allow an applicant to withdraw the applicant's	5654
application, but with confidential information redacted if that	5655
information is the reason for the denial or refusal to withdraw.	5656

(C) Except as provided in divisions (C) and (D) of this	5657
section, in addition to information that is confidential under	5658
division (A) of this section, all information maintained by the	5659
commission concerning an individual who holds, held, or has	5660
applied for a license under this chapter:	5661

(1) Is confidential for purposes of this chapter and not	5662
subject to disclosure under section 149.43 of the Revised Code;	5663
and	5664

(2) May be released by the commission only for law	5665
enforcement purposes or to a state or local public agency, which	5666
shall keep such information confidential.	5667

(D) The individual's name, the individual's place of	5668
employment, the individual's job title, and the individual's	5669
gaming experience that is provided for an individual who holds,	5670
held, or has applied for a license under this chapter is not	5671
confidential. The reason for denial or revocation of a license or	5672
for disciplinary action against the individual and information	5673
submitted by the individual for a felony waiver request is not	5674
confidential.	5675

(E) An individual who holds, held, or has applied for a	5676
license under this chapter may waive the confidentiality	5677
requirements of division (A) of this section.	5678

Sec. 3772.17. (A) The upfront license fee to obtain a license	5679
as a casino operator shall be fifty million dollars per casino	5680
facility, which shall be deposited into the economic development	5681
programs fund, which is created in the state treasury. New casino	5682
operator, management company, and holding company license and	5683
renewal license fees shall be set by rule, subject to the approval	5684
of the joint committee on gaming and wagering.	5685

(B) The fee to obtain an application for a casino operator,	5686
management company, or holding company license shall be two	5687
million dollars per application. The application fee shall be	5688
deposited into the casino control commission fund. The application	5689
fee is nonrefundable.	5690

(C) The license fees for a gaming-related vendor shall be set	5691
by rule, subject to the approval of the joint committee on gaming	5692
and wagering. Additionally, the commission may assess an applicant	5693
a reasonable fee in the amount necessary to process a	5694
gaming-related vendor license application.	5695

(D) The license fees for a key employee shall be set by rule,	5696
subject to the approval of the joint committee on gaming and	5697
wagering. Additionally, the commission may assess an applicant a	5698
reasonable fee in the amount necessary to process a key employee	5699
license application. If the license is being sought at the request	5700
of a casino operator, such fees shall be paid by the casino	5701
operator.	5702

(E) The license fees for a casino gaming employee shall be	5703
set by rule, subject to the approval of the joint committee on	5704
gaming and wagering. If the license is being sought at the request	5705
of a casino operator, the fee shall be paid by the casino	5706
operator.	5707

Sec. 3772.18. (A) Each casino operator, management company,	5708
and holding company involved in the application and ownership or	5709
management of a casino facility shall provide to the commission as	5710
applicable:	5711

(1) An annual balance sheet;

5712

(2) An annual income statement;

5713

(3) An annual audited financial statement;

5714

(4) A list of the stockholders or other persons having at	5715
least a five per cent ownership interest in the casino operator,	5716
management company, or holding company and any other information	5717
the commission considers necessary for the effective	5718
administration of this chapter;	5719

(5) The applicant's plan and process to provide employment	5720
opportunities;	5721

(6) The applicant's plan and process to purchase goods and	5722
services from Ohio;	5723

(7) Notification of any material changes to the applicant's	5724
or licensee's stockholders must be provided to the commission	5725
within sixty days of the change. Notification of any refinancing	5726
and debt issuance shall be in accordance with rules adopted by the	5727
commission under Chapter 119. of the Revised Code; and	5728

(8) An applicant's compulsive and problem gambling plan. A	5729
casino operator shall submit an annual summary of its compulsive	5730
and problem gambling plan to the commission. The plan at a minimum	5731
shall contain the following elements:	5732

(a) The goals of the plan and procedures and timetables to	5733
implement the plan;	5734

(b) The identification of the individual who will be	5735
responsible for the implementation and maintenance of the plan;	5736

5737

(i) The commitment of the casino operator to train	5738
appropriate employees;	5739

(ii) The duties and responsibilities of the employees	5740
designated to implement or participate in the plan;	5741

(iii) The responsibility of patrons with respect to	5742
responsible gambling;	5743

(iv) Procedures for providing information to individuals	5744
regarding community, public and private treatment services,	5745
gamblers anonymous programs, and similar treatment or addiction	5746
therapy programs designed to prevent, treat, or monitor compulsive	5747
and problem gamblers and to counsel family members;	5748

(v) The provision of printed material to educate patrons	5749
about compulsive and problem gambling and to inform them about	5750
treatment services available to compulsive and problem gamblers	5751
and their families;	5752

(vi) The employee training program;

5753

(vii) Procedures to prevent underage gambling;

5754

(viii) Procedures to prevent intoxicated patrons from	5755
gambling;	5756

(ix) The plan for posting signs within the casino facility	5757
containing gambling treatment information.	5758

(9) An annual plan for and report of construction and	5759
operations that reasonably meet or exceed approved diversity goals	5760
during casino facility construction and in casino gaming	5761
operations and a process by which the commission shall determine	5762
if a casino operator is, in good faith, reasonably meeting or	5763
exceeding its goals as a condition of obtaining and maintaining a	5764
license to operate a casino facility. Annual plans shall include	5765
good faith efforts to meet goals in the following: supplier	5766
diversity; workplace diversity; diversity in community outreach;	5767
and diversity in provision of professional services.	5768

(B) Each casino operator shall submit quarterly updates and	5769
an annual report to the commission of its adherence to the plans	5770
and goals submitted under division (A) of this section. The	5771
department of administrative services may certify to the	5772
commission whether or not those plans and goals have been met.	5773

(C) Preference shall be given to each of the following to	5774
train employees for casino-related employment opportunities:	5775

(1) State institutions of higher education as defined in	5776
section 3345.011 of the Revised Code;	5777

(2) Private career schools holding program authorizations	5778
issued by the state board of career colleges and schools under	5779
division (C) of section 3332.05 of the Revised Code;	5780

(3) Private institutions exempt from regulation under Chapter	5781
3332. of the Revised Code as prescribed in section 3333.046 of the	5782
Revised Code.	5783

Sec. 3772.19. A person shall not hold a majority ownership	5784
interest in, or be a management company for, more than two casino	5785
facilities at any one time. A person shall not hold a majority	5786
ownership interest in, or be a management company, for more than	5787
two tracks at which horse racing where the pari-mutuel system of	5788
wagering is conducted at any one time, of which not more than one	5789
shall be a track for thoroughbred horses.	5790

Sec. 3772.20. (A) A maximum of five thousand slot machines	5791
may be operated at a casino facility. Each casino operator for	5792
each casino facility shall determine the total number of slot	5793
machines in their facility, up to a maximum of five thousand slot	5794
machines that may be operated at such casino facility. There shall	5795
be no limit on the number of table games allowed at each casino	5796
facility.	5797

(B) Any slot machine game or table game currently authorized	5798
in, and any future slot machine or table game authorized in, the	5799
states of Indiana, Michigan, Pennsylvania, and West Virginia may	5800
be conducted at casino facilities in this state at the discretion	5801
of a licensed casino operator but only after being approved, upon	5802
application by a licensed casino operator, by the commission.	5803

(C) Minimum and maximum wagers on casino gaming shall be	5804
determined by casino operators, subject to the commission's	5805
approval.	5806

(D) No slot machine shall be set to pay out less than the	5807
theoretical payout percentage, which shall be not less than	5808
eighty-five per cent, as specifically approved by the commission.	5809
The commission shall adopt rules that define the theoretical	5810
payout percentage of a slot machine based on the total value of	5811
the jackpots expected to be paid by a slot machine divided by the	5812
total value of slot machine wagers expected to be made on that	5813
slot machine during the same portion of the game cycle.	5814

Sec. 3772.21. (A) Casino gaming equipment and supplies	5815
customarily used in conducting casino gaming shall be purchased or	5816
leased only from gaming-related vendors licensed under this	5817
chapter. A management company owning casino gaming devices,	5818
supplies, and equipment shall be licensed as a gaming-related	5819
vendor under this chapter.	5820

(B) Annually, a gaming-related vendor shall furnish to the	5821
commission a list of all equipment, devices, and supplies offered	5822
for sale or lease in connection with casino gaming authorized	5823
under this chapter.	5824

(C) A gaming-related vendor shall keep books and records for	5825
the furnishing of equipment, devices, and supplies to gaming	5826
operations separate from books and records of any other business	5827
operated by the gaming-related vendor. A gaming-related vendor	5828
shall file a quarterly return with the commission listing all	5829
sales and leases. A gaming-related vendor shall permanently affix	5830
the gaming-related vendor's name to all of the gaming-related	5831
vendor's equipment, devices, and supplies for casino gaming	5832
operations.	5833

(D) A gaming-related vendor's equipment, devices, or supplies	5834
that are used by a person in an unauthorized casino gaming	5835
operation shall be forfeited to the commission.	5836

(E) Gaming equipment, devices, and supplies that are provided	5837
by a gaming-related vendor may be repaired by the casino facility	5838
or removed for repair from the casino facility to a facility owned	5839
by a casino operator or management company.	5840

(F) Any gambling equipment, devices, and supplies provided by	5841
any licensed gaming-related vendor may be either repaired in the	5842
casino or removed from the casino to an area or facility owned by	5843
a casino operator or management company.	5844

Sec. 3772.22. (A) All casino facility operations shall use a	5845
cashless wagering system whereby all wagerers' money is converted	5846
to chips, tokens, tickets, electronic cards, or other instruments	5847
of value at the request of the wagerer that may only be used for	5848
wagering at a casino facility. Wagering shall not be conducted	5849
with money or other negotiable currency.	5850

(B) Wagers may be received only from a person present at a	5851
casino facility. A wagerer present at a casino facility shall not	5852
place or attempt to place a wager on behalf of an individual who	5853
is not present at the casino facility.	5854

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	5855
are used to make wagers shall be purchased from the casino	5856
operator or management company while at a casino facility that has	5857
been approved by the commission. Chips, tokens, tickets,	5858
electronic cards, or similar objects may be used while at the	5859
casino facility only for the purpose of making wagers on casino	5860
games.	5861

(B) Casino operators and management companies shall not do	5862
any of the following:	5863

(1) Obtain a license to operate a check-cashing business	5864
under sections 1315.01 to 1315.30 of the Revised Code;	5865

(2) Obtain a license to provide loans under sections 1321.01	5866
to 1321.19 of the Revised Code;	5867

(3) Obtain a license to provide loans under sections 1321.35	5868
to 1321.48 of the Revised Code.	5869

(C) Casino operators and management companies may do both of	5870
the following:	5871

(1) Cash checks for casino patrons;

5872

(2) Provide promotional credits to their patrons. Promotional	5873
credits played by slot machine and table game patrons have no	5874
value attributed to their use for purposes of calculating gross	5875
casino revenue. Promotional credits shall be subject to oversight	5876
and approval by the commission.	5877

Sec. 3772.24. (A) An employee of a casino facility who is	5878
between eighteen and twenty-one years of age may be present in the	5879
area of a casino facility where casino gaming is being conducted,	5880
as long as the employee's duties are related solely to nongaming	5881
activities. An individual who is less than twenty-one years of age	5882
may enter a designated area of a casino facility where casino	5883
gaming is being conducted, as established by the commission, to	5884
pass to another area where casino gaming is not being conducted.	5885
An individual who is less than twenty-one years of age shall not	5886
make a wager under this chapter.	5887

(B) Casino operators shall notify the commission of the days	5888
and hours during which casino gaming will be conducted.	5889

Sec. 3772.25. The following are not subject to, or limited	5890
by, the requirements of this chapter or Section 6(C) of Article	5891
XV, Ohio Constitution:	5892

(A) Charitable gaming authorized by Chapter 2915. of the	5893
Revised Code;	5894

(B) Charitable bingo authorized by Section 6 of Article XV,	5895
Ohio Constitution, and as authorized by Chapter 2915. of the	5896
Revised Code;	5897

(C) Lottery games as authorized by Section 6 of Article XV,	5898
Ohio Constitution; and	5899

(D) Pari-mutuel wagering authorized by Chapter 3769. of the	5900
Revised Code.	5901

Sec. 3772.26. (A) Each of the four casino facilities shall be	5902
subject to all applicable state laws and local ordinances related	5903
to health and building codes, or any related requirements and	5904
provisions. Notwithstanding the foregoing, no local zoning, land	5905
use laws, subdivision regulations or similar provisions shall	5906
prohibit the development or operation of the four casino	5907
facilities, or casino gaming set forth herein, provided that no	5908
casino facility shall be located in a district zoned exclusively	5909
residential as of January 1, 2009.	5910

(B) No municipal corporation or other political subdivision	5911
in which a casino facility is located shall be required to provide	5912
or improve infrastructure, appropriate property, or otherwise take	5913
any affirmative legislative or administrative action to assist	5914
development or operation of a casino facility, regardless of the	5915
source of funding but if such action is essential to the	5916
development or operation of a casino facility, the municipal	5917
corporation or other political subdivision may charge the casino	5918
operator for any costs incurred for such action.	5919

Sec. 3772.27. Each initial licensed casino operator of each	5920
of the four casino facilities shall make an initial investment of	5921
at least two hundred fifty million dollars for the development of	5922
each casino facility.	5923

Sec. 3772.28. (A) A casino operator shall not enter into a	5924
debt transaction without the approval of the commission. The	5925
casino operator shall submit, in writing, a request for approval	5926
of a debt transaction that contains at least the following	5927
information:	5928

(1) The names and addresses of all parties to the debt	5929
transaction;	5930

(2) The amount of the funds involved;

5931

(3) The type of debt transaction;

5932

(4) The source of the funds to be obtained;

5933

(5) All sources of collateral;

5934

(6) The purpose of the debt transaction;

5935

(7) The terms of the debt transaction;

5936

(8) Any other information deemed necessary by the commission.

5937

(B) As used in this section, "debt transaction" means a	5938
transaction by a casino operator concerning a casino facility	5939
totaling five hundred thousand dollars or more in which a casino	5940
operator acquires debt, including bank financing, private debt	5941
offerings, and any other transaction that results in the	5942
encumbrance of assets.	5943

Sec. 3772.29. All shipments of gaming supplies, devices, and	5944
equipment, including slot machines, into this state are exempt	5945
from section (2) of "An Act to Prohibit Transportation of Gambling	5946
Devices in Interstate and Foreign Commerce," 64 Stat. 1134, 15	5947
U.S.C. 1171-1177.	5948

Sec. 3772.30. (A) If any person violates this chapter or a	5949
rule adopted thereunder, the attorney general has a cause of	5950
action to restrain the violation. Such an action is a civil	5951
action, governed by the Rules of Civil Procedure. Upon receiving a	5952
request from the commission or the executive director, the	5953
attorney general shall commence and prosecute such an action to	5954
completion. The court shall give priority to such an action over	5955
all other civil actions. Such an action does not preclude an	5956
administrative or criminal proceeding on the same facts.	5957

(B) The attorney general may enter into agreements with any	5958
state or local law enforcement agency to carry out its duties.	5959

(C) A sheriff, chief of police, and prosecuting attorney	5960
shall furnish to the commission, on prescribed forms, all	5961
information obtained during the course of any substantial	5962
investigation or prosecution if it appears a violation of this	5963
chapter has occurred. Any such information is not a public record,	5964
as defined in section 149.43 of the Revised Code, until such	5965
information would otherwise become a public record.	5966

Sec. 3772.31. (A) The commission, by and through the	5967
executive director of the commission and as required under section	5968
125.05 of the Revised Code, may enter into contracts necessary to	5969
ensure the proper operation and reporting of all casino gaming	5970
authorized under this chapter. The commission may determine it to	5971
be necessary and adopt rules to authorize a central system. The	5972
system shall be operated by or under the commission's control.	5973

(B) The commission shall certify independent testing	5974
laboratories to scientifically test and technically evaluate all	5975
slot machines, mechanical, electromechanical, or electronic table	5976
games, slot accounting systems, and other electronic gaming	5977
equipment for compliance with this chapter. The certified	5978
independent testing laboratories shall be accredited by a national	5979
accreditation body and certified in at least twenty-five	5980
jurisdictions in the United States. The commission shall certify	5981
an independent testing laboratory if it is competent and qualified	5982
to scientifically test and evaluate electronic gaming equipment	5983
for compliance with this chapter and to otherwise perform the	5984
functions assigned to an independent testing laboratory under this	5985
chapter. An independent testing laboratory shall not be owned or	5986
controlled by, or have any interest in, a gaming-related vendor of	5987
electronic gaming equipment. The commission shall prepare a list	5988
of certified independent testing laboratories from which	5989
independent testing laboratories shall be chosen for all purposes	5990
under this chapter.	5991

Sec. 3772.32. (A) As used in this section, "conservator"	5992
means a person appointed by a court of common pleas as a fiduciary	5993
to temporarily manage and control a casino facility.	5994

(B) The commission shall adopt rules under Chapter 119. of	5995
the Revised Code relating to the administration of a casino	5996
facility by a conservator.	5997

(C) The commission may petition the court of common pleas of	5998
the county in which the casino facility is located for appointment	5999
by the court of a conservator to manage and control the casino	6000
facility if any of the following occurs:	6001

(1) The commission revokes the casino operator's license.

6002

(2) The commission declines to renew the casino operator's	6003
license.	6004

(3) The commission suspends a casino operator's license for	6005
more than one hundred twenty days.	6006

(4) A proposed buyer is denied a casino operator's license,	6007
and the licensed casino operator is unable or unwilling to retain	6008
ownership or control of the casino facility.	6009

(5) A licensed casino operator agrees in writing to	6010
relinquish control of a casino facility to a conservator.	6011

(6) A natural disaster or bankruptcy halts operations at a	6012
casino facility.	6013

This division does not apply if the casino facility for which	6014
a casino license has been issued has not been in operation and	6015
open to the public.	6016

(D)(1) The petition shall contain the names of two or more	6017
persons who the commission believes are suitable and qualified to	6018
manage and control the casino facility and are available for	6019
appointment as a conservator.	6020

(2) Upon receipt of the petition, the court shall appoint as	6021
conservator of the casino facility a person who is named in the	6022
petition. The court shall immediately notify the commission of the	6023
appointment. Upon receipt of notice from the court, the commission	6024
shall immediately notify the casino operator and the conservator.	6025

(3) The court that appoints the conservator shall set	6026
reasonable compensation, out of the revenue of the casino	6027
facility, for the services, costs, and expenses of the conservator	6028
and for any other persons whom the conservator may engage to aid	6029
the conservator in performing the conservator's duties.	6030

(E) A conservator is subject to Chapter 3772. of the Revised	6031
Code and any rules adopted under that chapter as if the	6032
conservator were a licensed casino operator.	6033

(F) A conservator shall be deemed to be a licensed casino	6034
operator and may perform all acts that the conservator is required	6035
or permitted to perform without approval or other action.	6036

(G) The conservator shall take immediately into possession	6037
all property of the casino facility, including its money,	6038
accounts, books, records, and evidences of debts owed to the	6039
casino operator, and shall continue the business of the casino	6040
facility.	6041

(H) A conservator shall file with the commission reports on	6042
the administration of the casino facility in such form and at such	6043
intervals as the commission may prescribe.	6044

(I)(1) If at any time the court finds that a conservator is	6045
not qualified or available to serve as conservator, the court	6046
shall request from the commission the names of two or more persons	6047
who the commission believes are suitable and qualified to manage	6048
and control a casino facility and are available to serve as a	6049
conservator.	6050

(2) The commission may, at any time after the appointment of	6051
a conservator, petition the court for the removal of the	6052
conservator and the appointment of a new conservator or for the	6053
termination of the conservator.	6054

(J) A conservator shall, before assuming the conservator's	6055
duties, execute and file a bond for the faithful performance of	6056
the conservator's duties payable to the commission with such	6057
surety or sureties and in such form as the commission approves and	6058
in such amount as the commission prescribes.	6059

(K) The commission shall require that the former casino	6060
operator purchase liability insurance, in an amount determined by	6061
the commission, to protect a conservator from liability for any	6062
acts or omissions of the conservator occurring during the duration	6063
of the conservatorship that are reasonably related to, and within	6064
the scope of, the conservator's duties.	6065

(L)(1) The former licensed casino operator has one hundred	6066
eighty days after the date on which the conservator is appointed	6067
to sell the casino facility to another person who satisfies the	6068
requirements of this chapter for obtaining a casino operator's	6069
license and is approved by the commission.	6070

(2) If the person is unable to sell the casino facility in	6071
the time required by division (L)(1) of this section, the	6072
conservator may take any action necessary to sell the casino	6073
facility to another person who satisfies the requirements of this	6074
chapter for obtaining a casino operator's license and is approved	6075
by the commission.	6076

(M) The commission shall direct the court of common pleas to	6077
discontinue a conservatorship when any of the following occurs:	6078

(1) The commission determines that the cause for which the	6079
conservatorship was instituted no longer exists.	6080

(2) The former casino operator or the conservator has with	6081
the approval of the commission, consummated the sale, assignment,	6082
conveyance, or other disposition of the casino facility.	6083

(N) Upon the discontinuation of the conservatorship and with	6084
the approval of the commission, the conservator shall take steps	6085
as may be necessary to affect an orderly transfer of the property	6086
of the former casino operator.	6087

Sec. 3772.99. (A) The commission shall levy and collect	6088
penalties for noncriminal violations of this chapter. Moneys	6089
collected from such penalty levies shall be credited to the	6090
general revenue fund.	6091

(B) If a licensed casino operator, management company,	6092
holding company, gaming-related vendor, or key employee violates	6093
this chapter or engages in a fraudulent act, the commission may	6094
suspend or revoke the license and may do either or both of the	6095
following:	6096

(1) Suspend, revoke, or restrict the casino gaming operations	6097
of a casino operator;	6098

(2) Require the removal of a management company, key	6099
employee, or discontinuance of services from a gaming-related	6100
vendor.	6101

(C) The commission shall impose civil penalties against a	6102
person who violates this chapter under the penalties adopted by	6103
commission rule and approved by the joint committee on gaming and	6104
wagering.	6105

(D) A person who knowingly or intentionally does any of the	6106
following commits a misdemeanor of the first degree on the first	6107
offense and a felony of the fifth degree for a subsequent offense:	6108

(1) Makes a false statement on an application submitted under	6109
this chapter;	6110

(2) Permits a person less than twenty-one years of age to	6111
make a wager;	6112

(3) Aids, induces, or causes a person less than twenty-one	6113
years of age who is not an employee of the casino gaming operation	6114
to enter or attempt to enter a casino;	6115

(4) Enters or attempts to enter a casino facility while under	6116
twenty-one years of age, unless the person enters a designated	6117
area as described in section 3772.24 of the Revised Code;	6118

(5) Wagers or accepts a wager at a location other than a	6119
casino facility;	6120

(6) Is a casino operator or employee and participates in	6121
casino gaming other than as part of operation or employment;	6122

(7) Gives to another person an item of value, as determined	6123
by the commission, in exchange for a noncash prize, toy, or	6124
novelty received as a reward for playing or operating a	6125
skill-based amusement machine or for a free or reduced-price game	6126
won on a skill-based amusement machine.	6127

(E) A person who knowingly or intentionally does any of the	6129
following commits a felony of the fifth degree on a first offense	6130
and a felony of the fourth degree for a subsequent offense. If the	6131
person is a licensee under this chapter, the commission shall	6132
revoke the person's license after the first offense.	6133

(1) Offers, promises, or gives anything of value or benefit	6134
to a person who is connected with the casino operator, management	6135
company, holding company, or gaming-related vendor, including	6136
their officers and employees, under an agreement to influence or	6137
with the intent to influence the actions of the person to whom the	6138
offer, promise, or gift was made in order to affect or attempt to	6139
affect the outcome of a casino game or an official action of a	6140
commission member;	6141

(2) Solicits, accepts, or receives a promise of anything of	6142
value or benefit while the person is connected with a casino,	6143
including an officer or employee of a casino operator, management	6144
company, or gaming-related vendor, under an agreement to influence	6145
or with the intent to influence the actions of the person to	6146
affect or attempt to affect the outcome of a casino game or an	6147
official action of a commission member;	6148

(3) Uses or possesses with the intent to use a device to	6149
assist in projecting the outcome of the game, keeping track of the	6150
cards played, analyzing the probability of the occurrence of an	6151
event relating to the casino game, or analyzing the strategy for	6152
playing or betting to be used in the game, except as permitted by	6153
the commission;	6154

(4) Cheats at a casino game;

6155

(5) Manufactures, sells, or distributes any cards, chips,	6156
dice, game, or device that is intended to be used to violate this	6157
chapter;	6158

(6) Alters or misrepresents the outcome of a casino game on	6159
which wagers have been made after the outcome is made sure but	6160
before the outcome is revealed to the players;	6161

(7) Places a wager on the outcome of a casino game after	6162
acquiring knowledge that is not available to all players and	6163
concerns the outcome of the casino game that is the subject of the	6164
wager;	6165

(8) Aids a person in acquiring the knowledge described in	6166
division (E)(7) of this section for the purpose of placing a wager	6167
contingent on the outcome of a casino game;	6168

(9) Claims, collects, takes, or attempts to claim, collect,	6169
or take money or anything of value in or from a casino game with	6170
the intent to defraud or without having made a wager contingent on	6171
winning a casino game;	6172

(10) Claims, collects, or takes an amount of money or thing	6173
of value of greater value than the amount won in a casino game;	6174

(11) Uses or possesses counterfeit chips or tokens in or for	6175
use in a casino game;	6176

(12) Possesses a key or device designed for opening,	6177
entering, or affecting the operation of a casino game, drop box,	6178
or an electronic or a mechanical device connected with the casino	6179
game or removing coins, tokens, chips, or other contents of a	6180
casino game. This division does not apply to a casino operator,	6181
management company, or gaming-related vendor or their agents and	6182
employees in the course of agency or employment.	6183

(13) Possesses materials used to manufacture a slug or device	6184
intended to be used in a manner that violates this chapter;	6185

(14) Operates a casino gaming operation in which wagering is	6186
conducted or is to be conducted in a manner other than the manner	6187
required under this chapter.	6188

(F) The possession of more than one of the devices described	6189
in division (E)(11), (12), or (13) of this section creates a	6190
rebuttable presumption that the possessor intended to use the	6191
devices for cheating.	6192

(G) A person who is convicted of a felony described in this	6193
chapter may be barred for life from entering a casino facility by	6194
the commission.	6195

Sec. 3793.02. (A) The department of alcohol and drug	6196
addiction services shall promote, assist in developing, and	6197
coordinate or conduct programs of education and research for the	6198
prevention of alcohol and drug addiction, the prevention of	6199
gambling addiction, the treatment, including intervention, of	6200
alcoholics and persons who abuse drugs of abuse, including	6201
anabolic steroids, and the treatment, including intervention, of	6202
persons with gambling addictions. Programs established by the	6203
department shall include abstinence-based prevention and treatment	6204
programs.	6205

(B) In addition to the other duties prescribed by this	6206
chapter, the department shall do all of the following:	6207

(1) Promote and coordinate efforts in the provision of	6208
alcohol and drug addiction services and of gambling addiction	6209
services by other state agencies, as defined in section 1.60 of	6210
the Revised Code; courts; hospitals; clinics; physicians in	6211
private practice; public health authorities; boards of alcohol,	6212
drug addiction, and mental health services; alcohol and drug	6213
addiction programs; law enforcement agencies; gambling addiction	6214
programs; and related groups;	6215

(2) Provide for education and training in prevention,	6216
diagnosis, treatment, and control of alcohol and drug addiction	6217
and of gambling addiction for medical students, physicians,	6218
nurses, social workers, professional counselors, psychologists,	6219
and other persons who provide alcohol and drug addiction services	6220
or gambling addiction services;	6221

(3) Provide training and consultation for persons who	6222
supervise alcohol and drug addiction programs and facilities or	6223
gambling addiction programs and facilities;	6224

(4) Develop measures for evaluating the effectiveness of	6225
alcohol and drug addiction services, including services that use	6226
methadone treatment, and of gambling addiction services, and for	6227
increasing the accountability of alcohol and drug addiction	6228
programs and of gambling addiction programs;	6229

(5) Provide to each court of record, and biennially update, a	6230
list of the treatment and education programs within that court's	6231
jurisdiction that the court may require an offender, sentenced	6232
pursuant to section 4511.19 of the Revised Code, to attend;	6233

(6) Make the warning sign described in sections 3313.752,	6234
3345.41, and 3707.50 of the Revised Code available on the	6235
department's internet web site;	6236

(7) Provide a program of gambling addiction services on	6237
behalf of the state lottery commission, pursuant to an agreement	6238
entered into with the director of the commission under division	6239
(K) of section 3770.02 of the Revised Code, and provide a program	6240
of gambling and addiction services on behalf of the Ohio casino	6241
control commission, under an agreement entered into with the	6242
executive director of the commission under section 3772.062 of the	6243
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	6244
Constitution, the department may enter into agreements with county	6245
alcohol, drug addiction, and mental health service districts,	6246
including with such districts of counties in which a casino	6247
facility is not located, and nonprofit organizations to provide	6248
gambling and addiction services and substance abuse services, and	6249
with state institutions of higher education to perform related	6250
research.	6251

(C) The department may accept and administer grants from	6252
public or private sources for carrying out any of the duties	6253
enumerated in this section.	6254

(D) Pursuant to Chapter 119. of the Revised Code, the	6255
department shall adopt a rule defining the term "intervention" as	6256
it is used in this chapter in connection with alcohol and drug	6257
addiction services and in connection with gambling addiction	6258
services. The department may adopt other rules as necessary to	6259
implement the requirements of this chapter.	6260

Sec. 3793.032. The director of alcohol and drug addiction	6261
services shall administer the problem casino gambling and	6262
addictions fund. The director shall use the money in the fund to	6263
support programs that provide gambling addiction services, alcohol	6264
and drug addiction programs that provide alcohol and drug	6265
addiction services, other programs that relate to gambling	6266
addiction and substance abuse, and research that relates to	6267
gambling addiction and substance abuse. Money in the fund also may	6268
be used by the director to provide any of these addiction services	6269
or programs through toll-free call centers located in this state.	6270
Any services provided under programs supported by money in the	6271
fund under this section shall be services that are certified by	6272
the department of alcohol and drug addiction services or provided	6273
by counselors who are certified by the department.	6274

The director shall prepare an annual report describing the	6275
use of the fund for these purposes. The director shall submit the	6276
report to the Ohio casino control commission, the speaker and	6277
minority leader of the house of representatives, the president and	6278
minority leader of the senate, and the governor.	6279

Sec. 4301.355. (A) If a petition is filed under section	6280
4301.333 of the Revised Code for the submission of the question or	6281
questions set forth in this section, it shall be held in the	6282
precinct as ordered by the board of elections under that section.	6283
The expense of holding the election shall be charged to the	6284
municipal corporation or township of which the precinct is a part.	6285

(B) At the election, one or more of the following questions,	6286
as designated in a valid petition, shall be submitted to the	6287
electors of the precinct:	6288

(1) "Shall the sale of .......... (insert beer, wine and	6289
mixed beverages, or spirituous liquor) be permitted by ..........	6290
(insert name of applicant, liquor permit holder, or liquor agency	6291
store, including trade or fictitious name under which applicant	6292
for, or holder of, liquor permit or liquor agency store either	6293
intends to do, or does, business at the particular location), an	6294
.......... (insert "applicant for" or "holder of" or "operator	6295
of") a .......... (insert class name of liquor permit or permits	6296
followed by the words "liquor permit(s)" or, if appropriate, the	6297
words "liquor agency store for the State of Ohio"), who is engaged	6298
in the business of .......... (insert general nature of the	6299
business in which applicant or liquor permit holder is engaged or	6300
will be engaged in at the particular location, as described in the	6301
petition) at .......... (insert address of the particular location	6302
within the precinct as set forth in the petition) in this	6303
precinct?"	6304

(2) "Shall the sale of .......... (insert beer, wine and	6305
mixed beverages, or spirituous liquor) be permitted for sale on	6306
Sunday between the hours of .......... (insert "ten a.m. and	6307
midnight" or " eleven a.m. and midnight") by .......... (insert	6308
name of applicant, liquor permit holder, or liquor agency store,	6309
including trade or fictitious name under which applicant for, or	6310
holder of, liquor permit or liquor agency store either intends to	6311
do, or does, business at the particular location), an ......	6312
(insert "applicant for a D-6 liquor permit," "holder of a D-6	6313
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	6314
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	6315
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7	6316
liquor permit," if only the approval of beer sales is sought, or	6317
"liquor agency store") who is engaged in the business of	6318
.......... (insert general nature of the business in which	6319
applicant or liquor permit holder is engaged or will be engaged in	6320
at the particular location, as described in the petition) at	6321
.......... (insert address of the particular location within the	6322
precinct) in this precinct?"	6323

(C) The board of elections shall furnish printed ballots at	6324
the election as provided under section 3505.06 of the Revised	6325
Code, except that a separate ballot shall be used for the election	6326
under this section. The question set forth in this section shall	6327
be printed on each ballot, and the board shall insert in the	6328
question appropriate words to complete it. Votes shall be cast as	6329
provided under section 3505.06 of the Revised Code.	6330

Sec. 4301.62. (A) As used in this section:

6331

(1) "Chauffeured limousine" means a vehicle registered under	6332
section 4503.24 of the Revised Code.	6333

(2) "Street," "highway," and "motor vehicle" have the same	6334
meanings as in section 4511.01 of the Revised Code.	6335

(B) No person shall have in the person's possession an opened	6336
container of beer or intoxicating liquor in any of the following	6337
circumstances:	6338

(1) In a state liquor store;

6339

(2) Except as provided in division (C) of this section, on	6340
the premises of the holder of any permit issued by the division of	6341
liquor control;	6342

(3) In any other public place;

6343

(4) Except as provided in division (D) or (E) of this	6344
section, while operating or being a passenger in or on a motor	6345
vehicle on any street, highway, or other public or private	6346
property open to the public for purposes of vehicular travel or	6347
parking;	6348

(5) Except as provided in division (D) or (E) of this	6349
section, while being in or on a stationary motor vehicle on any	6350
street, highway, or other public or private property open to the	6351
public for purposes of vehicular travel or parking.	6352

(C)(1) A person may have in the person's possession an opened	6353
container of any of the following:	6354

(a) Beer or intoxicating liquor that has been lawfully	6355
purchased for consumption on the premises where bought from the	6356
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	6357
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	6358
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	6359
F-8 permit;	6360

(b) Beer, wine, or mixed beverages served for consumption on	6361
the premises by the holder of an F-3 permit or wine served for	6362
consumption on the premises by the holder of an F-4 or F-6 permit;	6363

(c) Beer or intoxicating liquor consumed on the premises of a	6364
convention facility as provided in section 4303.201 of the Revised	6365
Code;	6366

(d) Beer or intoxicating liquor to be consumed during	6367
tastings and samplings approved by rule of the liquor control	6368
commission.	6369

(2) A person may have in the person's possession on an F	6370
liquor permit premises an opened container of beer or intoxicating	6371
liquor that was not purchased from the holder of the F permit if	6372
the premises for which the F permit is issued is a music festival	6373
and the holder of the F permit grants permission for that	6374
possession on the premises during the period for which the F	6375
permit is issued. As used in this division, "music festival" means	6376
a series of outdoor live musical performances, extending for a	6377
period of at least three consecutive days and located on an area	6378
of land of at least forty acres.	6379

(3)(a) A person may have in the person's possession on a D-2	6380
liquor permit premises an opened or unopened container of wine	6381
that was not purchased from the holder of the D-2 permit if the	6382
premises for which the D-2 permit is issued is an outdoor	6383
performing arts center, the person is attending an orchestral	6384
performance, and the holder of the D-2 permit grants permission	6385
for the possession and consumption of wine in certain	6386
predesignated areas of the premises during the period for which	6387
the D-2 permit is issued.	6388

(b) As used in division (C)(3)(a) of this section:

6389

(i) "Orchestral performance" means a concert comprised of a	6390
group of not fewer than forty musicians playing various musical	6391
instruments.	6392

(ii) "Outdoor performing arts center" means an outdoor	6393
performing arts center that is located on not less than eight	6394
hundred acres of land and that is open for performances from the	6395
first day of April to the last day of October of each year.	6396

(4) A person may have in the person's possession an opened or	6397
unopened container of beer or intoxicating liquor at an outdoor	6398
location at which the person is attending an orchestral	6399
performance as defined in division (C)(3)(b)(i) of this section if	6400
the person with supervision and control over the performance	6401
grants permission for the possession and consumption of beer or	6402
intoxicating liquor in certain predesignated areas of that outdoor	6403
location.	6404

(D) This section does not apply to a person who pays all or a	6405
portion of the fee imposed for the use of a chauffeured limousine	6406
pursuant to a prearranged contract, or the guest of the person,	6407
when all of the following apply:	6408

(1) The person or guest is a passenger in the limousine.

6409

(2) The person or guest is located in the limousine, but is	6410
not occupying a seat in the front compartment of the limousine	6411
where the operator of the limousine is located.	6412

(3) The limousine is located on any street, highway, or other	6413
public or private property open to the public for purposes of	6414
vehicular travel or parking.	6415

(E) An opened bottle of wine that was purchased from the	6416
holder of a permit that authorizes the sale of wine for	6417
consumption on the premises where sold is not an opened container	6418
for the purposes of this section if both of the following apply:	6419

(1) The opened bottle of wine is securely resealed by the	6420
permit holder or an employee of the permit holder before the	6421
bottle is removed from the premises. The bottle shall be secured	6422
in such a manner that it is visibly apparent if the bottle has	6423
been subsequently opened or tampered with.	6424

(2) The opened bottle of wine that is resealed in accordance	6425
with division (E)(1) of this section is stored in the trunk of a	6426
motor vehicle or, if the motor vehicle does not have a trunk,	6427
behind the last upright seat or in an area not normally occupied	6428
by the driver or passengers and not easily accessible by the	6429
driver.	6430

Sec. 4303.181. (A) Permit D-5a may be issued either to the	6431
owner or operator of a hotel or motel that is required to be	6432
licensed under section 3731.03 of the Revised Code, that contains	6433
at least fifty rooms for registered transient guests or is owned	6434
by a state institution of higher education as defined in section	6435
3345.011 of the Revised Code or a private college or university,	6436
and that qualifies under the other requirements of this section,	6437
or to the owner or operator of a restaurant specified under this	6438
section, to sell beer and any intoxicating liquor at retail, only	6439
by the individual drink in glass and from the container, for	6440
consumption on the premises where sold, and to registered guests	6441
in their rooms, which may be sold by means of a controlled access	6442
alcohol and beverage cabinet in accordance with division (B) of	6443
section 4301.21 of the Revised Code; and to sell the same products	6444
in the same manner and amounts not for consumption on the premises	6445
as may be sold by holders of D-1 and D-2 permits. The premises of	6446
the hotel or motel shall include a retail food establishment or a	6447
food service operation licensed pursuant to Chapter 3717. of the	6448
Revised Code that operates as a restaurant for purposes of this	6449
chapter and that is affiliated with the hotel or motel and within	6450
or contiguous to the hotel or motel, and that serves food within	6451
the hotel or motel, but the principal business of the owner or	6452
operator of the hotel or motel shall be the accommodation of	6453
transient guests. In addition to the privileges authorized in this	6454
division, the holder of a D-5a permit may exercise the same	6455
privileges as the holder of a D-5 permit.	6456

The owner or operator of a hotel, motel, or restaurant who	6457
qualified for and held a D-5a permit on August 4, 1976, may, if	6458
the owner or operator held another permit before holding a D-5a	6459
permit, either retain a D-5a permit or apply for the permit	6460
formerly held, and the division of liquor control shall issue the	6461
permit for which the owner or operator applies and formerly held,	6462
notwithstanding any quota.	6463

A D-5a permit shall not be transferred to another location.	6464
No quota restriction shall be placed on the number of D-5a permits	6465
that may be issued.	6466

The fee for this permit is two thousand three hundred	6467
forty-four dollars.	6468

(B) Permit D-5b may be issued to the owner, operator, tenant,	6469
lessee, or occupant of an enclosed shopping center to sell beer	6470
and intoxicating liquor at retail, only by the individual drink in	6471
glass and from the container, for consumption on the premises	6472
where sold; and to sell the same products in the same manner and	6473
amount not for consumption on the premises as may be sold by	6474
holders of D-1 and D-2 permits. In addition to the privileges	6475
authorized in this division, the holder of a D-5b permit may	6476
exercise the same privileges as a holder of a D-5 permit.	6477

A D-5b permit shall not be transferred to another location.

6478

One D-5b permit may be issued at an enclosed shopping center	6479
containing at least two hundred twenty-five thousand, but less	6480
than four hundred thousand, square feet of floor area.	6481

Two D-5b permits may be issued at an enclosed shopping center	6482
containing at least four hundred thousand square feet of floor	6483
area. No more than one D-5b permit may be issued at an enclosed	6484
shopping center for each additional two hundred thousand square	6485
feet of floor area or fraction of that floor area, up to a maximum	6486
of five D-5b permits for each enclosed shopping center. The number	6487
of D-5b permits that may be issued at an enclosed shopping center	6488
shall be determined by subtracting the number of D-3 and D-5	6489
permits issued in the enclosed shopping center from the number of	6490
D-5b permits that otherwise may be issued at the enclosed shopping	6491
center under the formulas provided in this division. Except as	6492
provided in this section, no quota shall be placed on the number	6493
of D-5b permits that may be issued. Notwithstanding any quota	6494
provided in this section, the holder of any D-5b permit first	6495
issued in accordance with this section is entitled to its renewal	6496
in accordance with section 4303.271 of the Revised Code.	6497

The holder of a D-5b permit issued before April 4, 1984,	6498
whose tenancy is terminated for a cause other than nonpayment of	6499
rent, may return the D-5b permit to the division of liquor	6500
control, and the division shall cancel that permit. Upon	6501
cancellation of that permit and upon the permit holder's payment	6502
of taxes, contributions, premiums, assessments, and other debts	6503
owing or accrued upon the date of cancellation to this state and	6504
its political subdivisions and a filing with the division of a	6505
certification of that payment, the division shall issue to that	6506
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	6507
that person requests. The division shall issue the D-5 permit, or	6508
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	6509
D-3, or D-5 permits currently issued in the municipal corporation	6510
or in the unincorporated area of the township where that person's	6511
proposed premises is located equals or exceeds the maximum number	6512
of such permits that can be issued in that municipal corporation	6513
or in the unincorporated area of that township under the	6514
population quota restrictions contained in section 4303.29 of the	6515
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	6516
be transferred to another location. If a D-5b permit is canceled	6517
under the provisions of this paragraph, the number of D-5b permits	6518
that may be issued at the enclosed shopping center for which the	6519
D-5b permit was issued, under the formula provided in this	6520
division, shall be reduced by one if the enclosed shopping center	6521
was entitled to more than one D-5b permit under the formula.	6522

The fee for this permit is two thousand three hundred	6523
forty-four dollars.	6524

(C) Permit D-5c may be issued to the owner or operator of a	6525
retail food establishment or a food service operation licensed	6526
pursuant to Chapter 3717. of the Revised Code that operates as a	6527
restaurant for purposes of this chapter and that qualifies under	6528
the other requirements of this section to sell beer and any	6529
intoxicating liquor at retail, only by the individual drink in	6530
glass and from the container, for consumption on the premises	6531
where sold, and to sell the same products in the same manner and	6532
amounts not for consumption on the premises as may be sold by	6533
holders of D-1 and D-2 permits. In addition to the privileges	6534
authorized in this division, the holder of a D-5c permit may	6535
exercise the same privileges as the holder of a D-5 permit.	6536

To qualify for a D-5c permit, the owner or operator of a	6537
retail food establishment or a food service operation licensed	6538
pursuant to Chapter 3717. of the Revised Code that operates as a	6539
restaurant for purposes of this chapter, shall have operated the	6540
restaurant at the proposed premises for not less than twenty-four	6541
consecutive months immediately preceding the filing of the	6542
application for the permit, have applied for a D-5 permit no later	6543
than December 31, 1988, and appear on the division's quota waiting	6544
list for not less than six months immediately preceding the filing	6545
of the application for the permit. In addition to these	6546
requirements, the proposed D-5c permit premises shall be located	6547
within a municipal corporation and further within an election	6548
precinct that, at the time of the application, has no more than	6549
twenty-five per cent of its total land area zoned for residential	6550
use.	6551

A D-5c permit shall not be transferred to another location.	6552
No quota restriction shall be placed on the number of such permits	6553
that may be issued.	6554

Any person who has held a D-5c permit for at least two years	6555
may apply for a D-5 permit, and the division of liquor control	6556
shall issue the D-5 permit notwithstanding the quota restrictions	6557
contained in section 4303.29 of the Revised Code or in any rule of	6558
the liquor control commission.	6559

The fee for this permit is one thousand five hundred	6560
sixty-three dollars.	6561

(D) Permit D-5d may be issued to the owner or operator of a	6562
retail food establishment or a food service operation licensed	6563
pursuant to Chapter 3717. of the Revised Code that operates as a	6564
restaurant for purposes of this chapter and that is located at an	6565
airport operated by a board of county commissioners pursuant to	6566
section 307.20 of the Revised Code, at an airport operated by a	6567
port authority pursuant to Chapter 4582. of the Revised Code, or	6568
at an airport operated by a regional airport authority pursuant to	6569
Chapter 308. of the Revised Code. The holder of a D-5d permit may	6570
sell beer and any intoxicating liquor at retail, only by the	6571
individual drink in glass and from the container, for consumption	6572
on the premises where sold, and may sell the same products in the	6573
same manner and amounts not for consumption on the premises where	6574
sold as may be sold by the holders of D-1 and D-2 permits. In	6575
addition to the privileges authorized in this division, the holder	6576
of a D-5d permit may exercise the same privileges as the holder of	6577
a D-5 permit.	6578

A D-5d permit shall not be transferred to another location.	6579
No quota restrictions shall be placed on the number of such	6580
permits that may be issued.	6581

The fee for this permit is two thousand three hundred	6582
forty-four dollars.	6583

(E) Permit D-5e may be issued to any nonprofit organization	6584
that is exempt from federal income taxation under the "Internal	6585
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	6586
amended, or that is a charitable organization under any chapter of	6587
the Revised Code, and that owns or operates a riverboat that meets	6588
all of the following:	6589

(1) Is permanently docked at one location;

6590

(2) Is designated as an historical riverboat by the Ohio	6591
historical society;	6592

(3) Contains not less than fifteen hundred square feet of	6593
floor area;	6594

(4) Has a seating capacity of fifty or more persons.

6595

The holder of a D-5e permit may sell beer and intoxicating	6596
liquor at retail, only by the individual drink in glass and from	6597
the container, for consumption on the premises where sold.	6598

A D-5e permit shall not be transferred to another location.	6599
No quota restriction shall be placed on the number of such permits	6600
that may be issued. The population quota restrictions contained in	6601
section 4303.29 of the Revised Code or in any rule of the liquor	6602
control commission shall not apply to this division, and the	6603
division shall issue a D-5e permit to any applicant who meets the	6604
requirements of this division. However, the division shall not	6605
issue a D-5e permit if the permit premises or proposed permit	6606
premises are located within an area in which the sale of	6607
spirituous liquor by the glass is prohibited.	6608

The fee for this permit is one thousand two hundred nineteen	6609
dollars.	6610

(F) Permit D-5f may be issued to the owner or operator of a	6611
retail food establishment or a food service operation licensed	6612
under Chapter 3717. of the Revised Code that operates as a	6613
restaurant for purposes of this chapter and that meets all of the	6614
following:	6615

(1) It contains not less than twenty-five hundred square feet	6616
of floor area.	6617

(2) It is located on or in, or immediately adjacent to, the	6618
shoreline of, a navigable river.	6619

(3) It provides docking space for twenty-five boats.

6620

(4) It provides entertainment and recreation, provided that	6621
not less than fifty per cent of the business on the permit	6622
premises shall be preparing and serving meals for a consideration.	6623

In addition, each application for a D-5f permit shall be	6624
accompanied by a certification from the local legislative	6625
authority that the issuance of the D-5f permit is not inconsistent	6626
with that political subdivision's comprehensive development plan	6627
or other economic development goal as officially established by	6628
the local legislative authority.	6629

The holder of a D-5f permit may sell beer and intoxicating	6630
liquor at retail, only by the individual drink in glass and from	6631
the container, for consumption on the premises where sold.	6632

A D-5f permit shall not be transferred to another location.

6633

The division of liquor control shall not issue a D-5f permit	6634
if the permit premises or proposed permit premises are located	6635
within an area in which the sale of spirituous liquor by the glass	6636
is prohibited.	6637

A fee for this permit is two thousand three hundred	6638
forty-four dollars.	6639

As used in this division, "navigable river" means a river	6640
that is also a "navigable water" as defined in the "Federal Power	6641
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	6642

(G) Permit D-5g may be issued to a nonprofit corporation that	6643
is either the owner or the operator of a national professional	6644
sports museum. The holder of a D-5g permit may sell beer and any	6645
intoxicating liquor at retail, only by the individual drink in	6646
glass and from the container, for consumption on the premises	6647
where sold. The holder of a D-5g permit shall sell no beer or	6648
intoxicating liquor for consumption on the premises where sold	6649
after one a.m. A D-5g permit shall not be transferred to another	6650
location. No quota restrictions shall be placed on the number of	6651
D-5g permits that may be issued. The fee for this permit is one	6652
thousand eight hundred seventy-five dollars.	6653

(H)(1) Permit D-5h may be issued to any nonprofit	6654
organization that is exempt from federal income taxation under the	6655
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	6656
501(c)(3), as amended, that owns or operates any of the following:	6657

(a) A fine arts museum, provided that the nonprofit	6658
organization has no less than one thousand five hundred bona fide	6659
members possessing full membership privileges;	6660

(b) A community arts center. As used in division (H)(1)(b) of	6661
this section, "community arts center" means a facility that	6662
provides arts programming to the community in more than one arts	6663
discipline, including, but not limited to, exhibits of works of	6664
art and performances by both professional and amateur artists.	6665

(c) A community theater, provided that the nonprofit	6666
organization is a member of the Ohio arts council and the American	6667
community theatre association and has been in existence for not	6668
less than ten years. As used in division (H)(1)(c) of this	6669
section, "community theater" means a facility that contains at	6670
least one hundred fifty seats and has a primary function of	6671
presenting live theatrical performances and providing recreational	6672
opportunities to the community.	6673

(2) The holder of a D-5h permit may sell beer and any	6674
intoxicating liquor at retail, only by the individual drink in	6675
glass and from the container, for consumption on the premises	6676
where sold. The holder of a D-5h permit shall sell no beer or	6677
intoxicating liquor for consumption on the premises where sold	6678
after one a.m. A D-5h permit shall not be transferred to another	6679
location. No quota restrictions shall be placed on the number of	6680
D-5h permits that may be issued.	6681

(3) The fee for a D-5h permit is one thousand eight hundred	6682
seventy-five dollars.	6683

(I) Permit D-5i may be issued to the owner or operator of a	6684
retail food establishment or a food service operation licensed	6685
under Chapter 3717. of the Revised Code that operates as a	6686
restaurant for purposes of this chapter and that meets all of the	6687
following requirements:	6688

(1) It is located in a municipal corporation or a township	6689
with a population of one hundred thousand or less.	6690

(2) It has inside seating capacity for at least one hundred	6691
forty persons.	6692

(3) It has at least four thousand square feet of floor area.

6693

(4) It offers full-course meals, appetizers, and sandwiches.

6694

(5) Its receipts from beer and liquor sales, excluding wine	6695
sales, do not exceed twenty-five per cent of its total gross	6696
receipts.	6697

(6) It has at least one of the following characteristics:

6698

(a) The value of its real and personal property exceeds seven	6699
hundred twenty-five thousand dollars.	6700

(b) It is located on property that is owned or leased by the	6701
state or a state agency, and its owner or operator has	6702
authorization from the state or the state agency that owns or	6703
leases the property to obtain a D-5i permit.	6704

The holder of a D-5i permit may sell beer and any	6705
intoxicating liquor at retail, only by the individual drink in	6706
glass and from the container, for consumption on the premises	6707
where sold, and may sell the same products in the same manner and	6708
amounts not for consumption on the premises where sold as may be	6709
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	6710
permit shall sell no beer or intoxicating liquor for consumption	6711
on the premises where sold after two-thirty a.m. In addition to	6712
the privileges authorized in this division, the holder of a D-5i	6713
permit may exercise the same privileges as the holder of a D-5	6714
permit.	6715

A D-5i permit shall not be transferred to another location.	6716
The division of liquor control shall not renew a D-5i permit	6717
unless the retail food establishment or food service operation for	6718
which it is issued continues to meet the requirements described in	6719
divisions (I)(1) to (6) of this section. No quota restrictions	6720
shall be placed on the number of D-5i permits that may be issued.	6721
The fee for the D-5i permit is two thousand three hundred	6722
forty-four dollars.	6723

(J)(1) Permit D-5j may be issued to the owner or the operator	6724
of a retail food establishment or a food service operation	6725
licensed under Chapter 3717. of the Revised Code to sell beer and	6726
intoxicating liquor at retail, only by the individual drink in	6727
glass and from the container, for consumption on the premises	6728
where sold and to sell beer and intoxicating liquor in the same	6729
manner and amounts not for consumption on the premises where sold	6730
as may be sold by the holders of D-1 and D-2 permits. The holder	6731
of a D-5j permit may exercise the same privileges, and shall	6732
observe the same hours of operation, as the holder of a D-5	6733
permit.	6734

(2) The D-5j permit shall be issued only within a community	6735
entertainment district that is designated under section 4301.80 of	6736
the Revised Code and that meets one of the following	6737
qualifications:	6738

(a) It is located in a municipal corporation with a	6739
population of at least one hundred thousand.	6740

(b) It is located in a municipal corporation with a	6741
population of at least twenty thousand, and either of the	6742
following applies:	6743

(i) It contains an amusement park the rides of which have	6744
been issued a permit by the department of agriculture under	6745
Chapter 1711. of the Revised Code.	6746

(ii) Not less than fifty million dollars will be invested in	6747
development and construction in the community entertainment	6748
district's area located in the municipal corporation.	6749

(c) It is located in a township with a population of at least	6750
forty thousand.	6751

(d) It is located in a municipal corporation with a	6752
population of at least ten thousand, and not less than seventy	6753
million dollars will be invested in development and construction	6754
in the community entertainment district's area located in the	6755
municipal corporation.	6756

(e) It is located in a municipal corporation with a	6757
population of at least five thousand, and not less than one	6758
hundred million dollars will be invested in development and	6759
construction in the community entertainment district's area	6760
located in the municipal corporation.	6761

(3) The location of a D-5j permit may be transferred only	6762
within the geographic boundaries of the community entertainment	6763
district in which it was issued and shall not be transferred	6764
outside the geographic boundaries of that district.	6765

(4) Not more than one D-5j permit shall be issued within each	6766
community entertainment district for each five acres of land	6767
located within the district. Not more than fifteen D-5j permits	6768
may be issued within a single community entertainment district.	6769
Except as otherwise provided in division (J)(4) of this section,	6770
no quota restrictions shall be placed upon the number of D-5j	6771
permits that may be issued.	6772

(5) The fee for a D-5j permit is two thousand three hundred	6773
forty-four dollars.	6774

(K)(1) Permit D-5k may be issued to any nonprofit	6775
organization that is exempt from federal income taxation under the	6776
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	6777
501(c)(3), as amended, that is the owner or operator of a	6778
botanical garden recognized by the American association of	6779
botanical gardens and arboreta, and that has not less than	6780
twenty-five hundred bona fide members.	6781

(2) The holder of a D-5k permit may sell beer and any	6782
intoxicating liquor at retail, only by the individual drink in	6783
glass and from the container, on the premises where sold.	6784

(3) The holder of a D-5k permit shall sell no beer or	6785
intoxicating liquor for consumption on the premises where sold	6786
after one a.m.	6787

(4) A D-5k permit shall not be transferred to another	6788
location.	6789

(5) No quota restrictions shall be placed on the number of	6790
D-5k permits that may be issued.	6791

(6) The fee for the D-5k permit is one thousand eight hundred	6792
seventy-five dollars.	6793

(L)(1) Permit D-5l may be issued to the owner or the operator	6794
of a retail food establishment or a food service operation	6795
licensed under Chapter 3717. of the Revised Code to sell beer and	6796
intoxicating liquor at retail, only by the individual drink in	6797
glass and from the container, for consumption on the premises	6798
where sold and to sell beer and intoxicating liquor in the same	6799
manner and amounts not for consumption on the premises where sold	6800
as may be sold by the holders of D-1 and D-2 permits. The holder	6801
of a D-5l permit may exercise the same privileges, and shall	6802
observe the same hours of operation, as the holder of a D-5	6803
permit.	6804

(2) The D-5l permit shall be issued only to a premises that	6805
has gross annual receipts from the sale of food and meals that	6806
constitute not less than seventy-five per cent of its total gross	6807
annual receipts, that is located within a revitalization district	6808
that is designated under section 4301.81 of the Revised Code, that	6809
is located in a municipal corporation or township in which the	6810
number of D-5 permits issued equals or exceeds the number of those	6811
permits that may be issued in that municipal corporation or	6812
township under section 4303.29 of the Revised Code, and that is	6813
located in a county with a population of one hundred twenty-five	6814
thousand or less according to the population estimates certified	6815
by the department of development for calendar year 2006.	6816

(3) The location of a D-5l permit may be transferred only	6817
within the geographic boundaries of the revitalization district in	6818
which it was issued and shall not be transferred outside the	6819
geographic boundaries of that district.	6820

(4) Not more than one D-5l permit shall be issued within each	6821
revitalization district for each five acres of land located within	6822
the district. Not more than five D-5l permits may be issued within	6823
a single revitalization district. Except as otherwise provided in	6824
division (L)(4) of this section, no quota restrictions shall be	6825
placed upon the number of D-5l permits that may be issued.	6826

(5) The fee for a D-5l permit is two thousand three hundred	6827
forty-four dollars.	6828

(M) Permit D-5m may be issued to either the owner or the	6829
operator of a retail food establishment or food service operation	6830
licensed under Chapter 3717. of the Revised Code that operates as	6831
a restaurant for purposes of this chapter and that is located in,	6832
or affiliated with, a center for the preservation of wild animals	6833
as defined in section 4301.404 of the Revised Code, to sell beer	6834
and any intoxicating liquor at retail, only by the glass and from	6835
the container, for consumption on the premises where sold, and to	6836
sell the same products in the same manner and amounts not for	6837
consumption on the premises as may be sold by the holders of D-1	6838
and D-2 permits. In addition to the privileges authorized by this	6839
division, the holder of a D-5m permit may exercise the same	6840
privileges as the holder of a D-5 permit.	6841

A D-5m permit shall not be transferred to another location.	6842
No quota restrictions shall be placed on the number of D-5m	6843
permits that may be issued. The fee for a permit D-5m is two	6844
thousand three hundred forty-four dollars.	6845

(N) Permit D-5n shall be issued to either a casino operator	6846
or a casino management company licensed under Chapter 3772. of the	6847
Revised Code that operates a casino facility under that chapter,	6848
to sell beer, intoxicating liquor, wine, and mixed beverages at	6849
retail, only by the glass and from the container, for consumption	6850
on the premises where sold, and to sell the same products in the	6851
same manner and amounts not for consumption on the premises as may	6852
be sold by the holders of D-1 and D-2 permits. In addition to the	6853
privileges authorized by this division, the holder of a D-5n	6854
permit may exercise the same privileges as the holder of a D-5	6855
permit. A D-5n permit shall not be transferred to another	6856
location. Only one D-5n permit may be issued per casino facility	6857
and not more than four D-5n permits shall be issued in this state.	6858
The fee for a permit D-5n shall be five thousand dollars. The	6859
holder of a D-5n permit may conduct casino gaming on the permit	6860
premises notwithstanding any provision of the Revised Code or	6861
Administrative Code.	6862

(O) Permit D-5o may be issued to the owner or operator of a	6863
retail food establishment or a food service operation licensed	6864
under Chapter 3717. of the Revised Code that operates as a	6865
restaurant for purposes of this chapter and that is located within	6866
a casino facility for which a D-5n permit has been issued. The	6867
holder of a D-5o permit may sell beer and any intoxicating liquor	6868
at retail, only by the glass and from the container, for	6869
consumption on the premises where sold, and may sell the same	6870
products in the same manner and amounts not for consumption on the	6871
premises where sold as may be sold by the holders of D-1 and D-2	6872
permits. In addition to the privileges authorized by this	6873
division, the holder of a D-5o permit may exercise the same	6874
privileges as the holder of a D-5 permit. A D-5o permit shall not	6875
be transferred to another location. No quota restrictions shall be	6876
placed on the number of such permits that may be issued. The fee	6877
for this permit is five thousand dollars.	6878

Sec. 4303.182. (A) Except as otherwise provided in divisions	6879
(B) to (J) of this section, permit D-6 shall be issued to the	6880
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	6881
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	6882
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under	6883
that permit as follows:	6884

(1) Between the hours of ten a.m. and midnight on Sunday if	6885
sale during those hours has been approved under question (C)(1),	6886
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6887
under question (B)(2) of section 4301.355 of the Revised Code, or	6888
under section 4301.356 of the Revised Code and has been authorized	6889
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6890
Revised Code, under the restrictions of that authorization;	6891

(2) Between the hours of eleven a.m. and midnight on Sunday,	6892
if sale during those hours has been approved on or after the	6893
effective date of this amendment under question (B)(1), (2), or	6894
(3) of section 4301.351 or 4301.354 of the Revised Code, under	6895
question (B)(2) of section 4301.355 of the Revised Code, or under	6896
section 4301.356 of the Revised Code and has been authorized under	6897
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	6898
Code, under the restrictions of that authorization;	6899

(3) Between the hours of eleven a.m. and midnight on Sunday	6900
if sale between the hours of one p.m. and midnight was approved	6901
before the effective date of this amendment under question (B)(1),	6902
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	6903
under question (B)(2) of section 4301.355 of the Revised Code, or	6904
under section 4301.356 of the Revised Code and has been authorized	6905
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6906
Revised Code, under the other restrictions of that authorization.	6907

(B) Permit D-6 shall be issued to the holder of any permit,	6908
including a D-4a and D-5d permit, authorizing the sale of	6909
intoxicating liquor issued for a premises located at any publicly	6910
owned airport, as defined in section 4563.01 of the Revised Code,	6911
at which commercial airline companies operate regularly scheduled	6912
flights on which space is available to the public, to allow sale	6913
under such permit between the hours of ten a.m. and midnight on	6914
Sunday, whether or not that sale has been authorized under section	6915
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6916

(C) Permit D-6 shall be issued to the holder of a D-5a	6917
permit, and to the holder of a D-3 or D-3a permit who is the owner	6918
or operator of a hotel or motel that is required to be licensed	6919
under section 3731.03 of the Revised Code, that contains at least	6920
fifty rooms for registered transient guests, and that has on its	6921
premises a retail food establishment or a food service operation	6922
licensed pursuant to Chapter 3717. of the Revised Code that	6923
operates as a restaurant for purposes of this chapter and is	6924
affiliated with the hotel or motel and within or contiguous to the	6925
hotel or motel and serving food within the hotel or motel, to	6926
allow sale under such permit between the hours of ten a.m. and	6927
midnight on Sunday, whether or not that sale has been authorized	6928
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6929
Revised Code.	6930

(D) The holder of a D-6 permit that is issued to a sports	6931
facility may make sales under the permit between the hours of	6932
eleven a.m. and midnight on any Sunday on which a professional	6933
baseball, basketball, football, hockey, or soccer game is being	6934
played at the sports facility. As used in this division, "sports	6935
facility" means a stadium or arena that has a seating capacity of	6936
at least four thousand and that is owned or leased by a	6937
professional baseball, basketball, football, hockey, or soccer	6938
franchise or any combination of those franchises.	6939

(E) Permit D-6 shall be issued to the holder of any permit	6940
that authorizes the sale of beer or intoxicating liquor and that	6941
is issued to a premises located in or at the Ohio historical	6942
society area or the state fairgrounds, as defined in division (B)	6943
of section 4301.40 of the Revised Code, to allow sale under that	6944
permit between the hours of ten a.m. and midnight on Sunday,	6945
whether or not that sale has been authorized under section	6946
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6947

(F) Permit D-6 shall be issued to the holder of any permit	6948
that authorizes the sale of intoxicating liquor and that is issued	6949
to an outdoor performing arts center to allow sale under that	6950
permit between the hours of one p.m. and midnight on Sunday,	6951
whether or not that sale has been authorized under section	6952
4301.361 of the Revised Code. A D-6 permit issued under this	6953
division is subject to the results of an election, held after the	6954
D-6 permit is issued, on question (B)(4) as set forth in section	6955
4301.351 of the Revised Code. Following the end of the period	6956
during which an election may be held on question (B)(4) as set	6957
forth in that section, sales of intoxicating liquor may continue	6958
at an outdoor performing arts center under a D-6 permit issued	6959
under this division, unless an election on that question is held	6960
during the permitted period and a majority of the voters voting in	6961
the precinct on that question vote "no."	6962

As used in this division, "outdoor performing arts center"	6963
means an outdoor performing arts center that is located on not	6964
less than eight hundred acres of land and that is open for	6965
performances from the first day of April to the last day of	6966
October of each year.	6967

(G) Permit D-6 shall be issued to the holder of any permit	6968
that authorizes the sale of beer or intoxicating liquor and that	6969
is issued to a golf course owned by the state, a conservancy	6970
district, a park district created under Chapter 1545. of the	6971
Revised Code, or another political subdivision to allow sale under	6972
that permit between the hours of ten a.m. and midnight on Sunday,	6973
whether or not that sale has been authorized under section	6974
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6975

(H) Permit D-6 shall be issued to the holder of a D-5g permit	6976
to allow sale under that permit between the hours of ten a.m. and	6977
midnight on Sunday, whether or not that sale has been authorized	6978
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	6979
Revised Code.	6980

(I) Permit D-6 shall be issued to the holder of any D permit	6981
for a premises that is licensed under Chapter 3717. of the Revised	6982
Code and that is located at a ski area to allow sale under the D-6	6983
permit between the hours of ten a.m. and midnight on Sunday,	6984
whether or not that sale has been authorized under section	6985
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6986

As used in this division, "ski area" means a ski area as	6987
defined in section 4169.01 of the Revised Code, provided that the	6988
passenger tramway operator at that area is registered under	6989
section 4169.03 of the Revised Code.	6990

(J) Permit D-6 shall be issued to the holder of any permit	6991
that is described in division (A) of this section for a permit	6992
premises that is located in a community entertainment district, as	6993
defined in section 4301.80 of the Revised Code, that was approved	6994
by the legislative authority of a municipal corporation under that	6995
section between October 1 and October 15, 2005, to allow sale	6996
under the permit between the hours of ten a.m. and midnight on	6997
Sunday, whether or not that sale has been authorized under section	6998
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	6999

(K) If the restriction to licensed premises where the sale of	7000
food and other goods and services exceeds fifty per cent of the	7001
total gross receipts of the permit holder at the premises is	7002
applicable, the division of liquor control may accept an affidavit	7003
from the permit holder to show the proportion of the permit	7004
holder's gross receipts derived from the sale of food and other	7005
goods and services. If the liquor control commission determines	7006
that affidavit to have been false, it shall revoke the permits of	7007
the permit holder at the premises concerned.	7008

(L) The fee for the D-6 permit is five hundred dollars when	7009
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	7010
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	7011
D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee	7012
for the D-6 permit is four hundred dollars when it is issued to	7013
the holder of a C-2 permit.	7014

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	7015
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	7016
D-5l, D-5m, D-5n, D-5o, or D-6 permit shall be exercised at not	7017
more than two fixed counters, commonly known as bars, in rooms or	7018
places on the permit premises, where beer, mixed beverages, wine,	7019
or spirituous liquor is sold to the public for consumption on the	7020
premises. For each additional fixed counter on the permit premises	7021
where those beverages are sold for consumption on the premises,	7022
the permit holder shall obtain a duplicate D-2, D-3, D-3a, D-4,	7023
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	7024
D-5l, D-5m, D-5n, D-5o, or D-6 permit.	7025

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	7026
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o,	7027
or D-6 permit shall be granted, upon application to the division	7028
of liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	7029
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	7030
D-5n, D-5o, or D-6 permit for each additional fixed counter on the	7031
permit premises at which beer, mixed beverages, wine, or	7032
spirituous liquor is sold for consumption on the premises,	7033
provided the application is made in the same manner as an	7034
application for an original permit. The application shall be	7035
identified with DUPLICATE printed on the permit application form	7036
furnished by the department, in boldface type. The application	7037
shall identify by name, or otherwise amply describe, the room or	7038
place on the premises where the duplicate permit is to be	7039
operative. Each duplicate permit shall be issued only to the same	7040
individual, firm, or corporation as that of the original permit	7041
and shall be an exact duplicate in size and word content as the	7042
original permit, except that it shall show on it the name or other	7043
ample identification of the room, or place, for which it is issued	7044
and shall have DUPLICATE printed on it in boldface type. A	7045
duplicate permit shall bear the same number as the original	7046
permit. The fee for a duplicate permit is: D-1, one hundred	7047
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	7048
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	7049
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	7050
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	7051
dollars; D-5f, one thousand dollars; D-5o, one thousand dollars;	7052
D-6, one hundred dollars when issued to the holder of a D-4a	7053
permit; and in all other cases one hundred dollars or an amount	7054
which is twenty per cent of the fees payable for the A-1-A, D-2,	7055
D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,	7056
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, and D-6 permits issued to the	7057
same premises, whichever is higher. Application for a duplicate	7058
permit may be filed any time during the life of an original	7059
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	7060
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	7061
D-5n, D-5o, or D-6 permit shall be paid in accordance with section	7062
4303.24 of the Revised Code.	7063

Sec. 5502.03. (A) There is hereby created in the department	7064
of public safety a division of homeland security.	7065

(B) The division shall do all of the following:

7066

(1) Coordinate all homeland security activities of all state	7067
agencies and be the liaison between state agencies and local	7068
entities for the purposes of communicating homeland security	7069
funding and policy initiatives;	7070

(2) Collect, analyze, maintain, and disseminate information	7071
to support local, state, and federal law enforcement agencies,	7072
other government agencies, and private organizations in detecting,	7073
deterring, preventing, preparing for, responding to, and	7074
recovering from threatened or actual terrorist events. This	7075
information is not a public record pursuant to section 149.43 of	7076
the Revised Code.	7077

(3) Coordinate efforts of state and local governments and	7078
private organizations to enhance the security and protection of	7079
critical infrastructure, including casino facilities, and key	7080
assets in this state;	7081

(4) Develop and coordinate policies, protocols, and	7082
strategies that may be used to prevent, detect, prepare for,	7083
respond to, and recover from terrorist acts or threats;	7084

(5) Develop, update, and coordinate the implementation of an	7085
Ohio homeland security strategic plan that will guide state and	7086
local governments in the achievement of homeland security in this	7087
state.	7088

(C) The director of public safety shall appoint an executive	7089
director, who shall be head of the division of homeland security	7090
and who regularly shall advise the governor and the director on	7091
matters pertaining to homeland security. The executive director	7092
shall serve at the pleasure of the director of public safety. To	7093
carry out the duties assigned under this section, the executive	7094
director, subject to the direction and control of the director of	7095
public safety, may appoint and maintain necessary staff and may	7096
enter into any necessary agreements.	7097

(D) Except as otherwise provided by law, nothing in this	7098
section shall be construed to give the director of public safety	7099
or the executive director of the division of homeland security	7100
authority over the incident management structure or	7101
responsibilities of local emergency response personnel.	7102

(E) There is hereby created in the state treasury the	7103
homeland security fund. The fund shall consist of sixty cents of	7104
each fee collected under sections 4501.34, 4503.26, 4506.08, and	7105
4509.05 of the Revised Code as specified in those sections, plus	7106
on and after October 1, 2009, sixty cents of each fee collected	7107
under sections 4505.14 and 4519.63 of the Revised Code as	7108
specified in those sections. The fund shall be used to pay the	7109
expenses of administering the law relative to the powers and	7110
duties of the executive director of the division of homeland	7111
security, except that the director of budget and management may	7112
transfer excess money from the homeland security fund to the state	7113
highway safety fund if the director of public safety determines	7114
that the amount of money in the homeland security fund exceeds the	7115
amount required to cover such costs incurred by the division of	7116
homeland security and requests the director of budget and	7117
management to make the transfer.	7118

Sec. 5703.052. (A) There is hereby created in the state	7119
treasury the tax refund fund, from which refunds shall be paid for	7120
taxes illegally or erroneously assessed or collected, or for any	7121
other reason overpaid, that are levied by Chapter 4301., 4305.,	7122
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	7123
5749., or 5751., or 5753. and sections 3737.71, 3905.35, 3905.36,	7124
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	7125
of the Revised Code. Refunds for fees illegally or erroneously	7126
assessed or collected, or for any other reason overpaid, that are	7127
levied by sections 3734.90 to 3734.9014 of the Revised Code also	7128
shall be paid from the fund. Refunds for amounts illegally or	7129
erroneously assessed or collected by the tax commissioner, or for	7130
any other reason overpaid, that are due under section 1509.50 of	7131
the Revised Code shall be paid from the fund. However, refunds for	7132
taxes levied under section 5739.101 of the Revised Code shall not	7133
be paid from the tax refund fund, but shall be paid as provided in	7134
section 5739.104 of the Revised Code.	7135

(B)(1) Upon certification by the tax commissioner to the	7136
treasurer of state of a tax refund, a fee refund, or an other	7137
amount refunded, or by the superintendent of insurance of a	7138
domestic or foreign insurance tax refund, the treasurer of state	7139
shall place the amount certified to the credit of the fund. The	7140
certified amount transferred shall be derived from current	7141
receipts of the same tax, fee, or other amount from which the	7142
refund arose. If current receipts from the tax, fee, or other	7143
amount from which the refund arose are inadequate to make the	7144
transfer of the amount so certified, the treasurer of state shall	7145
transfer such certified amount from current receipts of the sales	7146
tax levied by section 5739.02 of the Revised Code.	7147

(2) When the treasurer of state provides for the payment of a	7148
refund of a tax, fee, or other amount from the current receipts of	7149
the sales tax, and the refund is for a tax, fee, or other amount	7150
that is not levied by the state, the tax commissioner shall	7151
recover the amount of that refund from the next distribution of	7152
that tax, fee, or other amount that otherwise would be made to the	7153
taxing jurisdiction. If the amount to be recovered would exceed	7154
twenty-five per cent of the next distribution of that tax, fee, or	7155
other amount, the commissioner may spread the recovery over more	7156
than one future distribution, taking into account the amount to be	7157
recovered and the amount of the anticipated future distributions.	7158
In no event may the commissioner spread the recovery over a period	7159
to exceed twenty-four months.	7160

Sec. 5703.19. (A) To carry out the purposes of the laws that	7161
the tax commissioner is required to administer, the commissioner	7162
or any person employed by the commissioner for that purpose, upon	7163
demand, may inspect books, accounts, records, and memoranda of any	7164
person or public utility subject to those laws, and may examine	7165
under oath any officer, agent, or employee of that person or	7166
public utility. Any person other than the commissioner who makes a	7167
demand pursuant to this section shall produce the person's	7168
authority to make the inspection.	7169

(B) If a person or public utility receives at least ten days'	7170
written notice of a demand made under division (A) of this section	7171
and refuses to comply with that demand, a penalty of five hundred	7172
dollars shall be imposed upon the person or public utility for	7173
each day the person or public utility refuses to comply with the	7174
demand. Penalties imposed under this division may be assessed and	7175
collected in the same manner as assessments made under Chapter	7176
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	7177
5747., 5749., or 5751., or 5753., or sections 3734.90 to	7178
3734.9014, of the Revised Code.	7179

Sec. 5703.21. (A) Except as provided in divisions (B) and	7180
(C) of this section, no agent of the department of taxation,	7181
except in the agent's report to the department or when called on	7182
to testify in any court or proceeding, shall divulge any	7183
information acquired by the agent as to the transactions,	7184
property, or business of any person while acting or claiming to	7185
act under orders of the department. Whoever violates this	7186
provision shall thereafter be disqualified from acting as an	7187
officer or employee or in any other capacity under appointment or	7188
employment of the department.	7189

(B)(1) For purposes of an audit pursuant to section 117.15 of	7190
the Revised Code, or an audit of the department pursuant to	7191
Chapter 117. of the Revised Code, or an audit, pursuant to that	7192
chapter, the objective of which is to express an opinion on a	7193
financial report or statement prepared or issued pursuant to	7194
division (A)(7) or (9) of section 126.21 of the Revised Code, the	7195
officers and employees of the auditor of state charged with	7196
conducting the audit shall have access to and the right to examine	7197
any state tax returns and state tax return information in the	7198
possession of the department to the extent that the access and	7199
examination are necessary for purposes of the audit. Any	7200
information acquired as the result of that access and examination	7201
shall not be divulged for any purpose other than as required for	7202
the audit or unless the officers and employees are required to	7203
testify in a court or proceeding under compulsion of legal	7204
process. Whoever violates this provision shall thereafter be	7205
disqualified from acting as an officer or employee or in any other	7206
capacity under appointment or employment of the auditor of state.	7207

(2) For purposes of an internal audit pursuant to section	7208
126.45 of the Revised Code, the officers and employees of the	7209
office of internal auditing in the office of budget and management	7210
charged with conducting the internal audit shall have access to	7211
and the right to examine any state tax returns and state tax	7212
return information in the possession of the department to the	7213
extent that the access and examination are necessary for purposes	7214
of the internal audit. Any information acquired as the result of	7215
that access and examination shall not be divulged for any purpose	7216
other than as required for the internal audit or unless the	7217
officers and employees are required to testify in a court or	7218
proceeding under compulsion of legal process. Whoever violates	7219
this provision shall thereafter be disqualified from acting as an	7220
officer or employee or in any other capacity under appointment or	7221
employment of the office of internal auditing.	7222

(3) As provided by section 6103(d)(2) of the Internal Revenue	7223
Code, any federal tax returns or federal tax information that the	7224
department has acquired from the internal revenue service, through	7225
federal and state statutory authority, may be disclosed to the	7226
auditor of state or the office of internal auditing solely for	7227
purposes of an audit of the department.	7228

(4) For purposes of Chapter 3739. of the Revised Code, an	7229
agent of the department of taxation may share information with the	7230
division of state fire marshal that the agent finds during the	7231
course of an investigation.	7232

(C) Division (A) of this section does not prohibit any of the	7233
following:	7234

(1) Divulging information contained in applications,	7235
complaints, and related documents filed with the department under	7236
section 5715.27 of the Revised Code or in applications filed with	7237
the department under section 5715.39 of the Revised Code;	7238

(2) Providing information to the office of child support	7239
within the department of job and family services pursuant to	7240
section 3125.43 of the Revised Code;	7241

(3) Disclosing to the board of motor vehicle collision repair	7242
registration any information in the possession of the department	7243
that is necessary for the board to verify the existence of an	7244
applicant's valid vendor's license and current state tax	7245
identification number under section 4775.07 of the Revised Code;	7246

(4) Providing information to the administrator of workers'	7247
compensation pursuant to sections 4123.271 and 4123.591 of the	7248
Revised Code;	7249

(5) Providing to the attorney general information the	7250
department obtains under division (J) of section 1346.01 of the	7251
Revised Code;	7252

(6) Permitting properly authorized officers, employees, or	7253
agents of a municipal corporation from inspecting reports or	7254
information pursuant to rules adopted under section 5745.16 of the	7255
Revised Code;	7256

(7) Providing information regarding the name, account number,	7257
or business address of a holder of a vendor's license issued	7258
pursuant to section 5739.17 of the Revised Code, a holder of a	7259
direct payment permit issued pursuant to section 5739.031 of the	7260
Revised Code, or a seller having a use tax account maintained	7261
pursuant to section 5741.17 of the Revised Code, or information	7262
regarding the active or inactive status of a vendor's license,	7263
direct payment permit, or seller's use tax account;	7264

(8) Releasing invoices or invoice information furnished under	7265
section 4301.433 of the Revised Code pursuant to that section;	7266

(9) Providing to a county auditor notices or documents	7267
concerning or affecting the taxable value of property in the	7268
county auditor's county. Unless authorized by law to disclose	7269
documents so provided, the county auditor shall not disclose such	7270
documents;	7271

(10) Providing to a county auditor sales or use tax return or	7272
audit information under section 333.06 of the Revised Code;	7273

(11) Subject to section 4301.441 of the Revised Code,	7274
disclosing to the appropriate state agency information in the	7275
possession of the department of taxation that is necessary to	7276
verify a permit holder's gallonage or noncompliance with taxes	7277
levied under Chapter 4301. or 4305. of the Revised Code;	7278

(12) Disclosing to the department of natural resources	7279
information in the possession of the department that is necessary	7280
to verify the taxpayer's compliance with division (A)(1), (8), or	7281
(9) of section 5749.02 of the Revised Code and information	7282
received pursuant to section 1509.50 of the Revised Code	7283
concerning the amount due under that section;	7284

(13) Disclosing to the department of job and family services,	7285
industrial commission, and bureau of workers' compensation	7286
information in the possession of the department of taxation solely	7287
for the purpose of identifying employers that misclassify	7288
employees as independent contractors or that fail to properly	7289
report and pay employer tax liabilities. The department of	7290
taxation shall disclose only such information that is necessary to	7291
verify employer compliance with law administered by those	7292
agencies.	7293

(14) Disclosing to the Ohio casino control commission	7294
information in the possession of the department of taxation that	7295
is necessary to verify a taxpayer's compliance with section	7296
5753.02 of the Revised Code and sections related thereto.	7297

Sec. 5703.70. (A) On the filing of an application for refund	7298
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	7299
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	7300
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	7301
5749.08, or 5751.08, or 5753.06 of the Revised Code, or an	7302
application for compensation under section 5739.061 of the Revised	7303
Code, if the tax commissioner determines that the amount of the	7304
refund or compensation to which the applicant is entitled is less	7305
than the amount claimed in the application, the commissioner shall	7306
give the applicant written notice by ordinary mail of the amount.	7307
The notice shall be sent to the address shown on the application	7308
unless the applicant notifies the commissioner of a different	7309
address. The applicant shall have sixty days from the date the	7310
commissioner mails the notice to provide additional information to	7311
the commissioner or request a hearing, or both.	7312

(B) If the applicant neither requests a hearing nor provides	7313
additional information to the tax commissioner within the time	7314
prescribed by division (A) of this section, the commissioner shall	7315
take no further action, and the refund or compensation amount	7316
denied becomes final.	7317

(C)(1) If the applicant requests a hearing within the time	7318
prescribed by division (A) of this section, the tax commissioner	7319
shall assign a time and place for the hearing and notify the	7320
applicant of such time and place, but the commissioner may	7321
continue the hearing from time to time as necessary. After the	7322
hearing, the commissioner may make such adjustments to the refund	7323
or compensation as the commissioner finds proper, and shall issue	7324
a final determination thereon.	7325

(2) If the applicant does not request a hearing, but provides	7326
additional information, within the time prescribed by division (A)	7327
of this section, the commissioner shall review the information,	7328
make such adjustments to the refund or compensation as the	7329
commissioner finds proper, and issue a final determination	7330
thereon.	7331

(3) The commissioner shall serve a copy of the final	7332
determination made under division (C)(1) or (2) of this section on	7333
the applicant in the manner provided in section 5703.37 of the	7334
Revised Code, and the decision is final, subject to appeal under	7335
section 5717.02 of the Revised Code.	7336

(D) The tax commissioner shall certify to the director of	7337
budget and management and treasurer of state for payment from the	7338
tax refund fund created by section 5703.052 of the Revised Code,	7339
the amount of the refund to be refunded under division (B) or (C)	7340
of this section. The commissioner also shall certify to the	7341
director and treasurer of state for payment from the general	7342
revenue fund the amount of compensation to be paid under division	7343
(B) or (C) of this section.	7344

Sec. 5747.02. (A) For the purpose of providing revenue for	7345
the support of schools and local government functions, to provide	7346
relief to property taxpayers, to provide revenue for the general	7347
revenue fund, and to meet the expenses of administering the tax	7348
levied by this chapter, there is hereby levied on every	7349
individual, trust, and estate residing in or earning or receiving	7350
income in this state, on every individual, trust, and estate	7351
earning or receiving lottery winnings, prizes, or awards pursuant	7352
to Chapter 3770. of the Revised Code, on every individual, trust,	7353
and estate earning or receiving winnings on casino gaming, and on	7354
every individual, trust, and estate otherwise having nexus with or	7355
in this state under the Constitution of the United States, an	7356
annual tax measured in the case of individuals by Ohio adjusted	7357
gross income less an exemption for the taxpayer, the taxpayer's	7358
spouse, and each dependent as provided in section 5747.025 of the	7359
Revised Code; measured in the case of trusts by modified Ohio	7360
taxable income under division (D) of this section; and measured in	7361
the case of estates by Ohio taxable income. The tax imposed by	7362
this section on the balance thus obtained is hereby levied as	7363
follows:	7364

(1) For taxable years beginning in 2004:

7365

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7366
OR		7367
MODIFIED OHIO		7368
TAXABLE INCOME (TRUSTS)		7369
OR		7370
OHIO TAXABLE INCOME (ESTATES)	TAX	7371

$5,000 or less	.743%	7372
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	7373
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	7374
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	7375
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	7376
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	7377
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	7378
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	7379
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	7380

(2) For taxable years beginning in 2005:

7381

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7382
OR		7383
MODIFIED OHIO		7384
TAXABLE INCOME (TRUSTS)		7385
OR		7386
OHIO TAXABLE INCOME (ESTATES)	TAX	7387

$5,000 or less	.712%	7388
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	7389
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	7390
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	7391
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	7392
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	7393
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	7394
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	7395
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	7396

(3) For taxable years beginning in 2006:

7397

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7398
OR		7399
MODIFIED OHIO		7400
TAXABLE INCOME (TRUSTS)		7401
OR		7402
OHIO TAXABLE INCOME (ESTATES)	TAX	7403

$5,000 or less	.681%	7404
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	7405
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	7406
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	7407
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	7408
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	7409
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	7410
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	7411
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	7412

(4) For taxable years beginning in 2007:

7413

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7414
OR		7415
MODIFIED OHIO		7416
TAXABLE INCOME (TRUSTS)		7417
OR		7418
OHIO TAXABLE INCOME (ESTATES)	TAX	7419

$5,000 or less	.649%	7420
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	7421
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	7422
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	7423
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	7424
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	7425
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	7426
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	7427
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	7428

(5) For taxable years beginning in 2008, 2009, or 2010:

7429

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7430
OR		7431
MODIFIED OHIO		7432
TAXABLE INCOME (TRUSTS)		7433
OR		7434
OHIO TAXABLE INCOME (ESTATES)	TAX	7435

$5,000 or less	.618%	7436
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	7437
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	7438
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	7439
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	7440
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	7441
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	7442
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	7443
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	7444

(6) For taxable years beginning in 2011 or thereafter:

7445

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		7446
OR		7447
MODIFIED OHIO		7448
TAXABLE INCOME (TRUSTS)		7449
OR		7450
OHIO TAXABLE INCOME (ESTATES)	TAX	7451

$5,000 or less	.587%	7452
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	7453
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	7454
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	7455
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	7456
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	7457
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	7458
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	7459
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	7460

In July of each year, beginning in 2010, the tax commissioner	7461
shall adjust the income amounts prescribed in this division by	7462
multiplying the percentage increase in the gross domestic product	7463
deflator computed that year under section 5747.025 of the Revised	7464
Code by each of the income amounts resulting from the adjustment	7465
under this division in the preceding year, adding the resulting	7466
product to the corresponding income amount resulting from the	7467
adjustment in the preceding year, and rounding the resulting sum	7468
to the nearest multiple of fifty dollars. The tax commissioner	7469
also shall recompute each of the tax dollar amounts to the extent	7470
necessary to reflect the adjustment of the income amounts. The	7471
rates of taxation shall not be adjusted.	7472

The adjusted amounts apply to taxable years beginning in the	7473
calendar year in which the adjustments are made. The tax	7474
commissioner shall not make such adjustments in any year in which	7475
the amount resulting from the adjustment would be less than the	7476
amount resulting from the adjustment in the preceding year.	7477

(B) If the director of budget and management makes a	7478
certification to the tax commissioner under division (B) of	7479
section 131.44 of the Revised Code, the amount of tax as	7480
determined under division (A) of this section shall be reduced by	7481
the percentage prescribed in that certification for taxable years	7482
beginning in the calendar year in which that certification is	7483
made.	7484

(C) The levy of this tax on income does not prevent a	7485
municipal corporation, a joint economic development zone created	7486
under section 715.691, or a joint economic development district	7487
created under section 715.70 or 715.71 or sections 715.72 to	7488
715.81 of the Revised Code from levying a tax on income.	7489

(D) This division applies only to taxable years of a trust	7490
beginning in 2002 or thereafter.	7491

(1) The tax imposed by this section on a trust shall be	7492
computed by multiplying the Ohio modified taxable income of the	7493
trust by the rates prescribed by division (A) of this section.	7494

(2) A nonresident trust may claim a credit against the tax	7495
computed under division (D) of this section equal to the lesser of	7496
(1) the tax paid to another state or the District of Columbia on	7497
the nonresident trust's modified nonbusiness income, other than	7498
the portion of the nonresident trust's nonbusiness income that is	7499
qualifying investment income as defined in section 5747.012 of the	7500
Revised Code, or (2) the effective tax rate, based on modified	7501
Ohio taxable income, multiplied by the nonresident trust's	7502
modified nonbusiness income other than the portion of the	7503
nonresident trust's nonbusiness income that is qualifying	7504
investment income. The credit applies before any other applicable	7505
credits.	7506

(3) The credits enumerated in divisions (A)(1) to (13) of	7507
section 5747.98 of the Revised Code do not apply to a trust	7508
subject to division (D) of this section. Any credits enumerated in	7509
other divisions of section 5747.98 of the Revised Code apply to a	7510
trust subject to division (D) of this section. To the extent that	7511
the trust distributes income for the taxable year for which a	7512
credit is available to the trust, the credit shall be shared by	7513
the trust and its beneficiaries. The tax commissioner and the	7514
trust shall be guided by applicable regulations of the United	7515
States treasury regarding the sharing of credits.	7516

(E) For the purposes of this section, "trust" means any trust	7517
described in Subchapter J of Chapter 1 of the Internal Revenue	7518
Code, excluding trusts that are not irrevocable as defined in	7519
division (I)(3)(b) of section 5747.01 of the Revised Code and that	7520
have no modified Ohio taxable income for the taxable year,	7521
charitable remainder trusts, qualified funeral trusts and preneed	7522
funeral contract trusts established pursuant to sections 4717.31	7523
to 4717.38 of the Revised Code that are not qualified funeral	7524
trusts, endowment and perpetual care trusts, qualified settlement	7525
trusts and funds, designated settlement trusts and funds, and	7526
trusts exempted from taxation under section 501(a) of the Internal	7527
Revenue Code.	7528

Sec. 5747.063. (A)(1) If a person's winnings at a casino	7529
facility are an amount for which reporting to the internal revenue	7530
service of the amount is required by 26 U.S.C. 6041 or a	7531
subsequent, analogous section of the Internal Revenue Code, the	7532
casino operator shall deduct and withhold Ohio income tax from the	7533
person's winnings at a rate of six per cent of the amount won. A	7534
person's amount of winnings shall be determined each time the	7535
person exchanges amounts won in tokens, chips, casino credit, or	7536
other pre-paid representations of value for cash or a cash	7537
equivalent. The casino operator shall issue, to a person from	7538
whose winnings an amount has been deducted and withheld, a receipt	7539
for the amount deducted and withheld, and also shall obtain from	7540
the person additional information that will be necessary for the	7541
casino operator to prepare the returns required by this section.	7542

(2) If a person's winnings at a casino facility require	7543
reporting to the internal revenue service under division (A)(1) of	7544
this section, the casino operator also shall require the person to	7545
state in writing, under penalty of falsification, whether the	7546
person is in default under a support order.	7547

(B) Amounts deducted and withheld by a casino operator are	7548
held in trust for the benefit of the state.	7549

(1) On or before the tenth banking day of each month, the	7550
casino operator shall file a return electronically with the tax	7551
commissioner identifying the persons from whose winnings amounts	7552
were deducted and withheld and the amount of each such deduction	7553
and withholding during the preceding calendar month. With the	7554
return, the casino operator shall remit electronically to the tax	7555
commissioner all the amounts deducted and withheld during the	7556
preceding month. And together with the return and remittance, the	7557
casino operator shall transmit electronically to the tax	7558
commissioner a copy of each receipt issued, and a copy of each	7559
statement made, under divisions (A)(1) and (2) of this section.	7560

(2) Annually on or before the thirty-first day of January, a	7561
casino operator shall file an annual return electronically with	7562
the tax commissioner indicating the total amount deducted and	7563
withheld during the preceding calendar year. The casino operator	7564
shall remit electronically with the annual return any amount that	7565
was deducted and withheld and that was not previously remitted. If	7566
the identity of a person and the amount deducted and withheld with	7567
respect to that person were omitted on a monthly return, that	7568
information shall be indicated on the annual return. And if a copy	7569
of the receipt and statement pertaining to a person was not	7570
previously transmitted to the tax commissioner, the receipt and	7571
statement shall be transmitted to the tax commissioner	7572
electronically with the annual return.	7573

(3)(a) A casino operator who fails to file a return and remit	7574
the amounts deducted and withheld is personally liable for the	7575
amount deducted and withheld and not remitted. The tax	7576
commissioner may impose a penalty up to one thousand dollars if a	7577
return is filed late, if amounts deducted and withheld are	7578
remitted late, if a return is not filed, or if amounts deducted	7579
and withheld are not remitted. Interest accrues on past due	7580
amounts deducted and withheld at the rate prescribed in section	7581
5703.47 of the Revised Code. The tax commissioner may collect past	7582
due amounts deducted and withheld and penalties and interest	7583
thereon by assessment under section 5747.13 of the Revised Code as	7584
if they were income taxes collected by an employer.	7585

(b) If a casino operator sells the casino facility or	7586
otherwise quits the casino business, the amounts deducted and	7587
withheld and any penalties and interest thereon are immediately	7588
due and payable. The successor shall withhold an amount of the	7589
purchase money that is sufficient to cover the amounts deducted	7590
and withheld and penalties and interest thereon until the	7591
predecessor casino operator produces either a receipt from the tax	7592
commissioner showing that the amounts deducted and withheld and	7593
penalties and interest thereon have been paid or a certificate	7594
from the tax commissioner indicating that no amounts deducted and	7595
withheld or penalties and interest thereon are due. If the	7596
successor fails to withhold purchase money, the successor is	7597
personally liable for payment of the amounts deducted and withheld	7598
and penalties and interest thereon, up to the amount of the	7599
purchase money.	7600

(C) Annually, on or before the thirty-first day of January, a	7601
casino operator shall issue an information return to each person	7602
with respect to whom an amount has been deducted and withheld	7603
during the preceding calendar year. The information return shall	7604
show the total amount deducted from the person's winnings by the	7605
casino operator during the preceding calendar year.	7606

(D) Amounts deducted and withheld shall be treated as a	7607
credit against the tax imposed by section 5747.02 of the Revised	7608
Code. The credit is refundable and shall be claimed in the order	7609
required under section 5747.98 of the Revised Code. Only the	7610
person for whom the amount is deducted and withheld may claim a	7611
credit for such amount.	7612

(E) The failure of a casino operator to deduct and withhold	7613
the required amount from a person's winnings does not relieve the	7614
person from liability for the tax imposed by section 5747.02 of	7615
the Revised Code with respect to those winnings. And compliance	7616
with this section does not relieve a casino operator or a person	7617
who has winnings at a casino facility from compliance with	7618
relevant provisions of federal tax laws.	7619

(F) The tax commissioner shall prescribe the form of the	7620
receipt, statement, and returns required by this section.	7621

Sec. 5747.98. (A) To provide a uniform procedure for	7622
calculating the amount of tax due under section 5747.02 of the	7623
Revised Code, a taxpayer shall claim any credits to which the	7624
taxpayer is entitled in the following order:	7625

(1) The retirement income credit under division (B) of	7626
section 5747.055 of the Revised Code;	7627

(2) The senior citizen credit under division (C) of section	7628
5747.05 of the Revised Code;	7629

(3) The lump sum distribution credit under division (D) of	7630
section 5747.05 of the Revised Code;	7631

(4) The dependent care credit under section 5747.054 of the	7632
Revised Code;	7633

(5) The lump sum retirement income credit under division (C)	7634
of section 5747.055 of the Revised Code;	7635

(6) The lump sum retirement income credit under division (D)	7636
of section 5747.055 of the Revised Code;	7637

(7) The lump sum retirement income credit under division (E)	7638
of section 5747.055 of the Revised Code;	7639

(8) The low-income credit under section 5747.056 of the	7640
Revised Code;	7641

(9) The credit for displaced workers who pay for job training	7642
under section 5747.27 of the Revised Code;	7643

(10) The campaign contribution credit under section 5747.29	7644
of the Revised Code;	7645

(11) The twenty-dollar personal exemption credit under	7646
section 5747.022 of the Revised Code;	7647

(12) The joint filing credit under division (G) of section	7648
5747.05 of the Revised Code;	7649

(13) The nonresident credit under division (A) of section	7650
5747.05 of the Revised Code;	7651

(14) The credit for a resident's out-of-state income under	7652
division (B) of section 5747.05 of the Revised Code;	7653

(15) The credit for employers that enter into agreements with	7654
child day-care centers under section 5747.34 of the Revised Code;	7655

(16) The credit for employers that reimburse employee child	7656
care expenses under section 5747.36 of the Revised Code;	7657

(17) The credit for adoption of a minor child under section	7658
5747.37 of the Revised Code;	7659

(18) The credit for purchases of lights and reflectors under	7660
section 5747.38 of the Revised Code;	7661

(19) The job retention credit under division (B) of section	7662
5747.058 of the Revised Code;	7663

(20) The credit for selling alternative fuel under section	7664
5747.77 of the Revised Code;	7665

(21) The second credit for purchases of new manufacturing	7666
machinery and equipment and the credit for using Ohio coal under	7667
section 5747.31 of the Revised Code;	7668

(22) The job training credit under section 5747.39 of the	7669
Revised Code;	7670

(23) The enterprise zone credit under section 5709.66 of the	7671
Revised Code;	7672

(24) The credit for the eligible costs associated with a	7673
voluntary action under section 5747.32 of the Revised Code;	7674

(25) The credit for employers that establish on-site child	7675
day-care centers under section 5747.35 of the Revised Code;	7676

(26) The ethanol plant investment credit under section	7677
5747.75 of the Revised Code;	7678

(27) The credit for purchases of qualifying grape production	7679
property under section 5747.28 of the Revised Code;	7680

(28) The export sales credit under section 5747.057 of the	7681
Revised Code;	7682

(29) The credit for research and development and technology	7683
transfer investors under section 5747.33 of the Revised Code;	7684

(30) The enterprise zone credits under section 5709.65 of the	7685
Revised Code;	7686

(31) The research and development credit under section	7687
5747.331 of the Revised Code;	7688

(32) The credit for rehabilitating a historic building under	7689
section 5747.76 of the Revised Code;	7690

(33) The refundable credit for rehabilitating a historic	7691
building under section 5747.76 of the Revised Code;	7692

(34) The refundable jobs creation credit under division (A)	7693
of section 5747.058 of the Revised Code;	7694

(35) The refundable credit for taxes paid by a qualifying	7695
entity granted under section 5747.059 of the Revised Code;	7696

(36) The refundable credits for taxes paid by a qualifying	7697
pass-through entity granted under division (J) of section 5747.08	7698
of the Revised Code;	7699

(37) The refundable credit for tax withheld under division	7700
(B)(1) of section 5747.062 of the Revised Code;	7701

(38) The refundable credit for tax withheld under section	7702
5747.063 of the Revised Code;	7703

(39) The refundable credit under section 5747.80 of the	7704
Revised Code for losses on loans made to the Ohio venture capital	7705
program under sections 150.01 to 150.10 of the Revised Code;	7706

~~(39)~~(40) The refundable motion picture production credit	7707
under section 5747.66 of the Revised Code.	7708

(B) For any credit, except the refundable credits enumerated	7709
in this section and the credit granted under division (I) of	7710
section 5747.08 of the Revised Code, the amount of the credit for	7711
a taxable year shall not exceed the tax due after allowing for any	7712
other credit that precedes it in the order required under this	7713
section. Any excess amount of a particular credit may be carried	7714
forward if authorized under the section creating that credit.	7715
Nothing in this chapter shall be construed to allow a taxpayer to	7716
claim, directly or indirectly, a credit more than once for a	7717
taxable year.	7718

Sec. 5753.01. As used in this chapter:

7719

(A) "Casino facility" has the same meaning as in section	7720
3772.01 of the Revised Code.	7721

(B) "Casino gaming" has the same meaning as in section	7722
3772.01 of the Revised Code.	7723

(C) "Casino operator" has the same meaning as in section	7724
3772.01 of the Revised Code.	7725

(D) "Gross casino revenue" means the total amount of money	7726
exchanged for the purchase of chips, tokens, tickets, electronic	7727
cards, or similar objects by casino patrons, less winnings paid to	7728
wagerers.	7729

(E) "Person" has the same meaning as in section 3772.01 of	7730
the Revised Code.	7731

(F) "Slot machine" has the same meaning as in section 3772.01	7732
of the Revised Code.	7733

(G) "Table game" has the same meaning as in section 3772.01	7734
of the Revised Code.	7735

(H) "Tax period" means one twenty-four-hour period with	7736
regard to which a casino operator is required to pay the tax	7737
levied by this chapter.	7738

Sec. 5753.02. For the purpose of funding the needs of	7739
cities, counties, public school districts, law enforcement, and	7740
the horse racing industry; funding efforts to alleviate problem	7741
gambling and substance abuse; defraying Ohio casino control	7742
commission operating costs; and defraying the costs of	7743
administering the tax, a tax is levied on the gross casino revenue	7744
received by a casino operator of a casino facility at the rate of	7745
thirty-three per cent of the casino operator's gross casino	7746
revenue at the casino facility. The tax is in addition to any	7747
other taxes or fees imposed under the Revised Code or other law	7748
and for which the casino operator is liable under Section 6(C)(2)	7749
of Article XV, Ohio Constitution.	7750

Sec. 5753.03. (A) For the purpose of receiving and	7751
distributing, and accounting for, revenue received from the tax	7752
levied by section 5753.02 of the Revised Code, the following funds	7753
are created in the state treasury:	7754

(1) The casino tax revenue fund;

7755

(2) The gross casino revenue county fund;

7756

(3) The gross casino revenue county student fund;

7757

(4) The gross casino revenue host city fund;

7758

(5) The Ohio state racing commission fund;

7759

(6) The Ohio law enforcement training fund;

7760

(7) The problem casino gambling and addictions fund;

7761

(8) The casino control commission fund;

7762

(9) The casino tax administration fund.

7763

(B) All moneys collected from the tax levied under this	7764
chapter shall be deposited into the casino tax revenue fund.	7765

(C) From the casino tax revenue fund the director of budget	7766
and management shall transfer as needed to the tax refund fund	7767
amounts equal to the refunds certified by the tax commissioner	7768
under section 5753.06 of the Revised Code.	7769

(D) After making any transfers required by division (C) of	7770
this section, but not later than the fifteenth day of each	7771
calendar quarter, the director of budget and management shall	7772
transfer amounts to each fund as follows:	7773

(1) Fifty-one per cent to the gross casino revenue county	7774
fund to make payments as required by Section 6(C)(3)(a) of Article	7775
XV, Ohio Constitution;	7776

(2) Thirty-four per cent to the gross casino revenue county	7777
student fund to make payments as required by Section 6(C)(3)(b) of	7778
Article XV, Ohio Constitution;	7779

(3) Five per cent to the gross casino revenue host city fund	7780
to make payments to the cities in which casino facilities are	7781
located as required by Section 6(C)(3)(c) of Article XV, Ohio	7782
Constitution;	7783

(4) Three per cent to the Ohio state racing commission fund	7784
to support horse racing in this state at which the pari-mutuel	7785
system of wagering is conducted;	7786

(5) Two per cent to the Ohio law enforcement training fund to	7787
support law enforcement functions in the state;	7788

(6) Two per cent to the problem casino gambling and	7789
addictions fund to support efforts to alleviate problem gambling	7790
and substance abuse and related research in the state;	7791

(7) Three per cent to the casino control commission fund to	7792
support the operations of the Ohio casino control commission and	7793
to defray the cost of administering the tax levied under section	7794
5753.02 of the Revised Code.	7795

Payments under divisions (D)(1), (2), and (3) of this section	7796
shall be made by the end of the month following the end of the	7797
quarterly period.	7798

Of the money credited to the Ohio law enforcement training	7799
fund, the director of budget and management shall distribute	7800
eighty-five per cent of the money to the Ohio peace officer	7801
training academy and fifteen per cent of the money to the division	7802
of criminal justice services.	7803

(E) The director of budget and management shall transfer one	7804
per cent of the money credited to the Ohio casino control	7805
commission fund to the casino tax administration fund. The tax	7806
commissioner shall use the casino tax administration fund to	7807
defray the costs incurred in administering the tax levied by this	7808
chapter.	7809

Sec. 5753.04. Daily each day banks are open for business,	7810
not later than noon, a casino operator shall file a return	7811
electronically with the tax commissioner. The return shall be in	7812
the form required by the tax commissioner, and shall reflect the	7813
relevant tax period. The return shall include, but is not limited	7814
to, the amount of the casino operator's gross casino revenue for	7815
the tax period and the amount of tax due under section 5753.02 of	7816
the Revised Code for the tax period. The casino operator shall	7817
remit electronically with the return the tax due.	7818

If the casino operator ceases to be a taxpayer at any time,	7819
the casino operator shall indicate the last date for which the	7820
casino operator was liable for the tax. The return shall include a	7821
space for this purpose.	7822

Sec. 5753.05. (A)(1) A casino operator who fails to file a	7823
return or to remit the tax due as required by section 5753.04 of	7824
the Revised Code shall pay a penalty not to exceed the greater of	7825
fifty dollars or ten per cent of the tax due.	7826

(2) If the tax commissioner finds additional tax to be due,	7827
the tax commissioner may impose an additional penalty of up to	7828
fifteen per cent of the additional tax found to be due. A	7829
delinquent payment of tax made as the result of a notice or an	7830
audit is subject to the additional penalty imposed by this	7831
division.	7832

(3) If a casino operator fails to file a return	7833
electronically or to remit the tax electronically, the tax	7834
commissioner may impose an additional penalty of fifty dollars or	7835
ten per cent of the tax due as shown on the return, whichever is	7836
greater.	7837

(B) If the tax due under section 5753.02 of the Revised Code	7838
is not timely paid, the casino operator shall pay interest at the	7839
rate per annum prescribed in section 5703.47 of the Revised Code	7840
beginning on the day the tax was due through the day the tax is	7841
paid or an assessment is issued, whichever occurs first.	7842

(C) The tax commissioner shall collect any penalty or	7843
interest as if it were the tax levied by section 5753.02 of the	7844
Revised Code. Penalties and interest shall be treated as if they	7845
were revenue arising from the tax levied by section 5753.02 of the	7846
Revised Code.	7847

(D) The tax commissioner may abate all or a portion of any	7848
penalty imposed under this section and may adopt rules governing	7849
abatements.	7850

(E) If a casino operator fails to file a return or remit the	7851
tax due as required by section 5753.04 of the Revised Code within	7852
a period of one year after the due date for filing the return or	7853
remitting the tax, the Ohio casino control commission may suspend	7854
the casino operator's license.	7855

Sec. 5753.06. (A) A casino operator may apply to the tax	7856
commissioner for refund of the amount of taxes under section	7857
5753.02 of the Revised Code that were overpaid, paid illegally or	7858
erroneously, or paid on an illegal or erroneous assessment. The	7859
application shall be on a form prescribed by the tax commissioner.	7860
The casino operator shall provide the amount of the requested	7861
refund along with the claimed reasons for, and documentation to	7862
support, the issuance of a refund. The casino operator shall file	7863
the application with the tax commissioner within four years after	7864
the date the payment was made, unless the applicant has waived the	7865
time limitation under division (D) of section 5753.07 of the	7866
Revised Code. In the latter event, the four-year limitation is	7867
extended for the same period of time as the waiver.	7868

(B) Upon the filing of a refund application, the tax	7869
commissioner shall determine the amount of refund to which the	7870
applicant is entitled. If the amount is not less than that	7871
claimed, the tax commissioner shall certify the amount to the	7872
director of budget and management and treasurer of state for	7873
payment from the tax refund fund. If the amount is less than that	7874
claimed, the tax commissioner shall proceed under section 5703.70	7875
of the Revised Code.	7876

(C) Interest on a refund applied for under this section,	7877
computed at the rate provided for in section 5703.47 of the	7878
Revised Code, shall be allowed from the later of the date the tax	7879
was due or the date payment of the tax was made. Except as	7880
provided in section 5753.07 of the Revised Code, the tax	7881
commissioner may, with the consent of the casino operator, provide	7882
for crediting against the tax due for a tax period, the amount of	7883
any refund due the casino operator for a preceding tax period.	7884

(D) Refunds under this section are subject to offset under	7885
section 5753.061 of the Revised Code.	7886

Sec. 5753.061. As used in this section, "debt to the state"	7887
means unpaid taxes that are due the state, unpaid workers'	7888
compensation premiums that are due, unpaid unemployment	7889
compensation contributions that are due, unpaid unemployment	7890
compensation payments in lieu of contributions that are due,	7891
unpaid fees payable to the state or to the clerk of courts under	7892
section 4505.06 of the Revised Code, incorrect medical assistance	7893
payments, or any unpaid charge, penalty, or interest arising from	7894
any of the foregoing. A debt to the state is not a "debt to the	7895
state" as used in this section unless the liability underlying the	7896
debt to the state has become incontestable because the time for	7897
appealing, reconsidering, reassessing, or otherwise questioning	7898
the liability has expired or the liability has been finally	7899
determined to be valid.	7900

If a casino operator who is entitled to a refund under	7901
section 5753.06 of the Revised Code owes a debt to the state, the	7902
amount refundable may be applied in satisfaction of the debt to	7903
the state. If the amount refundable is less than the amount of the	7904
debt to the state, the amount refundable may be applied in partial	7905
satisfaction of the debt. If the amount refundable is greater than	7906
the amount of the debt, the amount refundable remaining after	7907
satisfaction of the debt shall be refunded to the casino operator.	7908

Sec. 5753.07. (A)(1) The tax commissioner may issue an	7909
assessment, based on any information in the tax commissioner's	7910
possession, against a casino operator who fails to pay the tax	7911
levied under section 5753.02 of the Revised Code or to file a	7912
return under section 5753.04 of the Revised Code. The tax	7913
commissioner shall give the casino operator written notice of the	7914
assessment under section 5703.37 of the Revised Code. With the	7915
notice, the tax commissioner shall include instructions on how to	7916
petition for reassessment and on how to request a hearing with	7917
respect to the petition.	7918

(2) Unless the casino operator, within sixty days after	7919
service of the notice of assessment, files with the tax	7920
commissioner, either personally or by certified mail, a written	7921
petition signed by the casino operator, or by the casino	7922
operator's authorized agent who has knowledge of the facts, the	7923
assessment becomes final, and the amount of the assessment is due	7924
and payable from the casino operator to the treasurer of state.	7925
The petition shall indicate the casino operator's objections to	7926
the assessment. Additional objections may be raised in writing if	7927
they are received by the tax commissioner before the date shown on	7928
the final determination.	7929

(3) If a petition for reassessment has been properly filed,	7930
the tax commissioner shall proceed under section 5703.60 of the	7931
Revised Code.	7932

(4) After an assessment becomes final, if any portion of the	7933
assessment, including penalties and accrued interest, remains	7934
unpaid, the tax commissioner may file a certified copy of the	7935
entry making the assessment final in the office of the clerk of	7936
the court of common pleas of Franklin county or in the office of	7937
the clerk of the court of common pleas of the county in which the	7938
casino operator resides, the casino operator's casino facility is	7939
located, or the casino operator's principal place of business in	7940
this state is located. Immediately upon the filing of the entry,	7941
the clerk shall enter a judgment for the state against the	7942
taxpayer assessed in the amount shown on the entry. The judgment	7943
may be filed by the clerk in a loose-leaf book entitled, "special	7944
judgments for the gross casino revenue tax." The judgment has the	7945
same effect as other judgments. Execution shall issue upon the	7946
judgment at the request of the tax commissioner, and all laws	7947
applicable to sales on execution apply to sales made under the	7948
judgment.	7949

(5) The portion of an assessment not paid within sixty days	7950
after the day the assessment was issued bears interest at the rate	7951
per annum prescribed by section 5703.47 of the Revised Code from	7952
the day the tax commissioner issued the assessment until the	7953
assessment is paid. Interest shall be paid in the same manner as	7954
the tax levied under section 5753.02 of the Revised Code and may	7955
be collected by the issuance of an assessment under this section.	7956

(B) If the tax commissioner believes that collection of the	7957
tax levied under section 5753.02 of the Revised Code will be	7958
jeopardized unless proceedings to collect or secure collection of	7959
the tax are instituted without delay, the commissioner may issue a	7960
jeopardy assessment against the casino operator who is liable for	7961
the tax. Immediately upon the issuance of a jeopardy assessment,	7962
the tax commissioner shall file an entry with the clerk of the	7963
court of common pleas in the manner prescribed by division (A)(4)	7964
of this section, and the clerk shall proceed as directed in that	7965
division. Notice of the jeopardy assessment shall be served on the	7966
casino operator or the casino operator's authorized agent under	7967
section 5703.37 of the Revised Code within five days after the	7968
filing of the entry with the clerk. The total amount assessed is	7969
immediately due and payable, unless the casino operator assessed	7970
files a petition for reassessment under division (A)(2) of this	7971
section and provides security in a form satisfactory to the tax	7972
commissioner that is in an amount sufficient to satisfy the unpaid	7973
balance of the assessment. If a petition for reassessment has been	7974
filed, and if satisfactory security has been provided, the tax	7975
commissioner shall proceed under division (A)(3) of this section.	7976
Full or partial payment of the assessment does not prejudice the	7977
tax commissioner's consideration of the petition for reassessment.	7978

(C) The tax commissioner shall immediately forward to the	7979
treasurer of state all amounts the tax commissioner receives under	7980
this section, and the amounts forwarded shall be treated as if	7981
they were revenue arising from the tax levied under section	7982
5753.02 of the Revised Code.	7983

(D) Except as otherwise provided in this division, no	7984
assessment shall be issued against a casino operator for the tax	7985
levied under section 5753.02 of the Revised Code more than four	7986
years after the due date for filing the return for the tax period	7987
for which the tax was reported, or more than four years after the	7988
return for the tax period was filed, whichever is later. This	7989
division does not bar an assessment against a casino operator who	7990
fails to file a return as required by section 5753.04 of the	7991
Revised Code or who files a fraudulent return, or when the casino	7992
operator and the tax commissioner waive in writing the time	7993
limitation.	7994

(E) If the tax commissioner possesses information that	7995
indicates that the amount of tax a casino operator is liable to	7996
pay under section 5753.02 of the Revised Code exceeds the amount	7997
the casino operator paid, the tax commissioner may audit a sample	7998
of the casino operator's gross casino revenue over a	7999
representative period of time to ascertain the amount of tax due,	8000
and may issue an assessment based on the audit. The tax	8001
commissioner shall make a good faith effort to reach agreement	8002
with the casino operator in selecting a representative sample. The	8003
tax commissioner may apply a sampling method only if the tax	8004
commissioner has prescribed the method by rule.	8005

(F) If the whereabouts of a casino operator who is liable for	8006
the tax levied under section 5753.02 of the Revised Code are	8007
unknown to the tax commissioner, the tax commissioner shall	8008
proceed under section 5703.37 of the Revised Code.	8009

(G) If a casino operator fails to pay the tax levied under	8010
section 5753.02 of the Revised Code within a period of one year	8011
after the due date for remitting the tax, the Ohio casino control	8012
commission may suspend the casino operator's license.	8013

Sec. 5753.08. If a casino operator who is liable for the tax	8014
levied under section 5753.02 of the Revised Code sells the casino	8015
facility, disposes of the casino facility in any manner other than	8016
in the regular course of business, or quits the casino gaming	8017
business, any tax owed by that person becomes immediately due and	8018
payable, and the person shall pay the tax due, including any	8019
applicable penalties and interest. The person's successor shall	8020
withhold a sufficient amount of the purchase money to cover the	8021
amounts due and unpaid until the predecessor produces a receipt	8022
from the tax commissioner showing that the amounts due have been	8023
paid or a certificate indicating that no taxes are due. If the	8024
successor fails to withhold purchase money, the successor is	8025
personally liable, up to the purchase money amount, for amounts	8026
that were unpaid during the operation of the business by the	8027
predecessor.	8028

Sec. 5753.09. The tax commissioner shall administer and	8029
enforce this chapter. In addition to any other powers conferred	8030
upon the tax commissioner by law, the tax commissioner may:	8031

(A) Prescribe all forms that are required to be filed under	8032
this chapter;	8033

(B) Adopt rules that are necessary and proper to carry out	8034
this chapter; and	8035

(C) Appoint professional, technical, and clerical employees	8036
as are necessary to carry out the tax commissioner's duties under	8037
this chapter.	8038

Sec. 5753.10. The tax commissioner may prescribe	8039
requirements for the keeping of records and pertinent documents,	8040
for the filing of copies of federal income tax returns and	8041
determinations, and for computations reconciling federal income	8042
tax returns with the return required by section 5753.04 of the	8043
Revised Code. The tax commissioner may require a casino operator,	8044
by rule or by notice served on the casino operator, to keep	8045
records and other documents that the tax commissioner considers	8046
necessary to show the extent to which the casino operator is	8047
subject to this chapter. The records and other documents shall be	8048
open to inspection by the tax commissioner during business hours,	8049
and shall be preserved for a period of four years unless the tax	8050
commissioner, in writing, consents to their destruction within	8051
that period, or by order served on the casino operator requires	8052
that they be kept longer. If the records are normally kept	8053
electronically by the casino operator, the casino operator shall	8054
provide the records to the tax commissioner electronically at the	8055
tax commissioner's request.	8056

Any information required by the tax commissioner under this	8057
section is confidential under section 5703.21 of the Revised Code.	8058

Section 2. That existing sections 101.70, 102.02, 102.03,	8059
109.32, 109.572, 109.71, 109.77, 109.79, 121.60, 1705.48, 2915.01,	8060
2915.02, 2915.061, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	8061
2915.093, 2915.10, 2915.101, 2915.13, 3793.02, 4301.355, 4301.62,	8062
4303.181, 4303.182, 4303.30, 5502.03, 5703.052, 5703.19, 5703.21,	8063
5703.70, 5747.02, and 5747.98 and section 2915.06 of the Revised	8064
Code are hereby repealed.	8065

Section 3. Except as otherwise provided in this act, all	8066
appropriation items in this act are appropriated out of moneys in	8067
the state treasury to the credit of the designated fund that are	8068
not otherwise appropriated. For all appropriations in this act,	8069
the amounts in the first column are for fiscal year 2010 and the	8070
amounts in the second column are for fiscal year 2011.	8071

Section 4. CAC CASINO CONTROL COMMISSION

8072

State Special Revenue	8073

5Hs0	955321		Casino Control - Operating		$	0		$	8,000,000		8074
TOTAL SSR State Special Revenue Fund Group					$	0		$	8,000,000		8075

Section 5. DEV DEPARTMENT OF DEVELOPMENT

8077

General Service Fund Group	8078

5AD0	195668		Workforce Guarantee Program		$	0		$	60,000,000		8079
TOTAL GSF General Services Fund Group					$	0		$	60,000,000		8080

State Special Revenue	8081

XXX	195xxx	Urban Workforce Initiative	$	$	70,000,000	8082
XXX	195xxx	Build Your Own Business Program	$	$	10,000,000	8083
TOTAL SSR State Special Revenue Fund Group			$	$	80,000,000	8084

Should proceeds from license or application fees be available	8085
before June 30, 2010, the Director of Budget and Management may	8086
seek Controlling Board approval to establish such funds and	8087
appropriations as are necessary to carry out the provisions of	8088
this act. The Director of Budget and Management shall transfer	8089
$60,000,000 when it is available in the Economic Development	8090
Programs Fund (Fund XXXX) to the Job Development Initiative Fund	8091
(Fund 5AD0).	8092

The foregoing appropriation item, 195xxx, Build Your Own	8093
Business Program, shall be used by the Director of Development, in	8094
consultation with the Chancellor of the Board of Regents, for the	8095
establishment and administration of the Build Your Own Business	8096
Program. Pursuant to the Build Your Own Business Program, the	8097
Director shall administer a competitive process for making grants	8098
to small business development centers and participants in the	8099
Microenterprise Business Development Program, to provide micro	8100
loans, supportive services, and technical assistance for	8101
businesses that have been newly established by Ohioans who were	8102
unemployed immediately prior to establishing such businesses.	8103

The Director shall issue a request for proposals setting	8104
forth criteria of the program to be offered by the selected small	8105
business development centers and the selected participants in the	8106
Microenterprise Business Development Program. As a prerequisite	8107
for eligibility, individuals must have completed an acceptable	8108
entrepreneurship education program at any state institution of	8109
higher education as defined in section 3345.011 of the Revised	8110
Code or career center.	8111

Section 6. IGO OFFICE OF THE INSPECTOR GENERAL

8112

State Special Revenue	8113

XXX	xxxxxx		Casino Investigations		$	0		$	100,000		8114
TOTAL SSR State Special Revenue Fund Group					$	0		$	100,000		8115

Section 7. ETH ETHICS COMMISSION

8117

State Special Revenue	8118

XXX	xxxxxx		Casino Investigations		$	0		$	100,000		8119
TOTAL SSR State Special Revenue Fund Group					$	0		$	100,000		8120

Section 8. BOR BOARD OF REGENTS

8122

State Special Revenue	8123

XXX	235xxx	Co-Op/Internship Program	$	$	60,000,000	8124
TOTAL SSR State Special Revenue Fund Group			$	$	60,000,000	8125
TOTAL All BUDGET FUND GROUPS			$	$	208,200,000	8126

Section 8.20. CO-OP/INTERNSHIP PROGRAM

8128

The foregoing appropriation item, 235xxx, Co-op/Internship	8129
Program, shall be used by the Chancellor of the Board of Regents	8130
to operate the Co-op/Internship Program under sections 3333.71 to	8131
3333.80 of the Revised Code. Funding for eligible institutions	8132
shall be disbursed in accordance with the terms of the agreements	8133
entered into under section 3333.75 of the Revised Code.	8134

Section 9. The first return filed under section 5753.04 of	8135
the Revised Code shall reflect the tax period consisting of or	8136
beginning on the day on which operations of the casino facility	8137
commence.	8138

Section 10. The General Assembly, applying the principle	8139
stated in division (B) of section 1.52 of the Revised Code that	8140
amendments are to be harmonized if reasonably capable of	8141
simultaneous operation, finds that the following sections,	8142
presented in this act as composites of the sections as amended by	8143
the acts indicated, are the resulting versions of the sections in	8144
effect before the effective date of the sections as presented in	8145
this act:	8146

Section 109.572 of the Revised Code as amended by both Am.	8147
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	8148

Section 109.77 of the Revised Code as amended by both Am.	8149
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	8150

Section 4301.62 of the Revised Code as amended by both Am.	8151
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly.	8152