Section 1. That sections 122.014, 173.121, 2505.09, 2505.12, | 23 |
2915.01, 2915.02, 2915.06, 2915.08, 2915.09, 2915.091, 2915.092, | 24 |
2915.093, 2915.094, 2915.10, 2915.101, 2915.12, 2923.31, 2933.51, | 25 |
3301.0714, 3769.08, 3769.087, 3769.089, 3769.201, 3769.21, | 26 |
3770.02, 3770.05, 3770.07, 3770.071, 3770.21, 3772.01, 3772.03, | 27 |
3772.04, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, 3772.28, | 28 |
3772.99, 4301.03, 4303.17, 5753.01, and 5753.03 be amended and | 29 |
sections 121.421, 2505.122, 2915.18, and 3770.22 of the Revised | 30 |
Code be enacted to read as follows: | 31 |
(B) The inspector general and each deputy inspector may | 42 |
administer oaths, examine witnesses under oath, and issue | 43 |
subpoenas and subpoenas duces tecum to compel the attendance of | 44 |
witnesses and the production of all kinds of books, records, | 45 |
papers, and tangible things. Upon the refusal of a witness to be | 46 |
sworn or to answer any question put to the witness, or if a person | 47 |
disobeys a subpoena, the inspector general shall apply to the | 48 |
court of common pleas for a contempt order, as in the case of | 49 |
disobedience to the requirements of a subpoena issued from the | 50 |
court of common pleas, or a refusal to testify in the court. | 51 |
(B) The department of development or any other entity that | 70 |
administers any program or development project established under | 71 |
Chapter 122., 166., or 184. of the Revised Code or in sections | 72 |
149.311, 5709.87, or 5709.88 of the Revised Code shall not provide | 73 |
any financial assistance, including loans, tax credits, and | 74 |
grants, staffing assistance, technical support, or other | 75 |
assistance to businesses conducting gaming activities or for | 76 |
project sites on which gaming activities are or will be conducted. | 77 |
Sec. 2505.09. Except as provided in section 2505.11 or | 102 |
2505.12 or another section of the Revised Code or in applicable | 103 |
rules governing courts, the perfection of an appeal, including an | 104 |
administrative-related appeal, does not operate as a stay of | 105 |
execution until a stay of execution has been obtained pursuant to | 106 |
the Rules of Appellate Procedure or in another applicable manner, | 107 |
and a supersedeas bond is executed by the appellant to the | 108 |
appellee, with sufficient sureties and, subject to section | 109 |
2505.122 of the Revised Code, in a sum that is not less than, if | 110 |
applicable, the cumulative total for all claims covered by the | 111 |
final order, judgment, or decree and interest involved, except | 112 |
that the bond shall not exceed fifty million dollars excluding | 113 |
interest and costs, as directed by the court that rendered the | 114 |
final order, judgment, or decree that is sought to be superseded | 115 |
or by the court to which the appeal is taken. That bond shall be | 116 |
conditioned as provided in section 2505.14 of the Revised Code. | 117 |
Sec. 2505.122. Any appellant who obtains a stay of execution | 131 |
pending the appeal of a final order, adjudication, or decision | 132 |
pursuant to section 2506.01 of the Revised Code shall | 133 |
simultaneously execute a supersedeas bond to the appellee with | 134 |
sufficient sureties and in an amount established in section | 135 |
2505.09 of the Revised Code. In establishing the amount of the | 136 |
bond, the court shall give great weight and due consideration to | 137 |
the reasonable value of the matter at issue in the final order, | 138 |
adjudication, or decision, the circumstances giving rise to the | 139 |
appeal, and the economic impact of other consequences of delay to | 140 |
the appellee and to those prevented from taking action that was | 141 |
permitted by the final order, adjudication, or decision. | 142 |
(H) Except as otherwise provided in this chapter, "charitable | 187 |
organization" means any tax exempt religious, educational, | 188 |
veteran's, fraternal, sporting, service, nonprofit medical, | 189 |
volunteer rescue service, volunteer firefighter's, senior | 190 |
citizen's, historic railroad educational, youth athletic, amateur | 191 |
athletic, or youth athletic park organization. An organization is | 192 |
tax exempt if the organization iseither of the following: | 193 |
To qualify as a "charitable organization," an organization, | 207 |
except a volunteer rescue service or volunteer firefighter's | 208 |
organization, shall have been in continuous existence as such in | 209 |
this state for a period of two years immediately preceding either | 210 |
the making of an application for a bingo license under section | 211 |
2915.08 of the Revised Code or the conducting of any game of | 212 |
chance as provided in division (D) of section 2915.02 of the | 213 |
Revised Code. A charitable organization that is exempt from | 214 |
federal income taxation under subsection 501(a) and described in | 215 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 216 |
created by a veteran's organization, a fraternal organization, or | 217 |
a sporting organization does not have to have been in continuous | 218 |
existence as such in this state for a period of two years | 219 |
immediately preceding either the making of an application for a | 220 |
bingo license under section 2915.08 of the Revised Code or the | 221 |
conducting of any game of chance as provided in division (D) of | 222 |
section 2915.02 of the Revised Code. | 223 |
(K) "Veteran's organization" means any individual post or | 233 |
state headquarters of a national veteran's association or an | 234 |
auxiliary unit of any individual post of a national veteran's | 235 |
association, which post, state headquarters, or auxiliary unit is | 236 |
incorporated as a nonprofit corporation and either has received a | 237 |
letter from the state headquarters of the national veteran's | 238 |
association indicating that the individual post or auxiliary unit | 239 |
is in good standing with the national veteran's association or has | 240 |
received a letter from the national veteran's association | 241 |
indicating that the state headquarters is in good standing with | 242 |
the national veteran's association. As used in this division, | 243 |
"national veteran's association" means any veteran's association | 244 |
that has been in continuous existence as such for a period of at | 245 |
least five years and either is incorporated by an act of the | 246 |
United States congress or has a national dues-paying membership of | 247 |
at least five thousand persons. | 248 |
(1) Any organization, not organized for profit, that is | 266 |
organized and operated exclusively to provide, or to contribute to | 267 |
the support of organizations or institutions organized and | 268 |
operated exclusively to provide, medical and therapeutic services | 269 |
for persons who are crippled, born with birth defects, or have any | 270 |
other mental or physical defect or those organized and operated | 271 |
exclusively to protect, or to contribute to the support of | 272 |
organizations or institutions organized and operated exclusively | 273 |
to protect, animals from inhumane treatment or provide immediate | 274 |
shelter to victims of domestic violence; | 275 |
(2) Any organization that is described in subsection | 276 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 277 |
and is either a governmental unit or an organization that is tax | 278 |
exempt under subsection 501(a) and described in subsection | 279 |
501(c)(3) of the Internal Revenue Code and that is an | 280 |
organization, not organized for profit, that is organized and | 281 |
operated primarily to provide, or to contribute to the support of | 282 |
organizations or institutions organized and operated primarily to | 283 |
provide, medical and therapeutic services for persons who are | 284 |
crippled, born with birth defects, or have any other mental or | 285 |
physical defect. | 286 |
(U)(Q) "Bingo game operator" means any person, except | 344 |
security personnel, who performs work or labor at the site of | 345 |
bingo, including, but not limited to, collecting money from | 346 |
participants, handing out bingo cards or sheets or objects to | 347 |
cover spaces on bingo cards or sheets, selecting from a receptacle | 348 |
the objects that contain the combination of letters and numbers | 349 |
that appear on bingo cards or sheets, calling out the combinations | 350 |
of letters and numbers, distributing prizes, selling or redeeming | 351 |
instant bingo tickets or cards, supervising the operation of a | 352 |
punch board, selling raffle tickets, selecting raffle tickets from | 353 |
a receptacle and announcing the winning numbers in a raffle, and | 354 |
preparing, selling, and serving food or beverages. | 355 |
(2) A veteran's organization that is a post, chapter, or | 396 |
organization of veterans, or an auxiliary unit or society of, or a | 397 |
trust or foundation for, any such post, chapter, or organization | 398 |
organized in the United States or any of its possessions, at least | 399 |
seventy-five per cent of the members of which are veterans and | 400 |
substantially all of the other members of which are individuals | 401 |
who are spouses, widows, or widowers of veterans, or such | 402 |
individuals, provided that no part of the net earnings of such | 403 |
post, chapter, or organization inures to the benefit of any | 404 |
private shareholder or individual, and further provided that the | 405 |
net profit is used by the post, chapter, or organization for the | 406 |
charitable purposes set forth in division (B)(12) of section | 407 |
5739.02 of the Revised Code, is used for awarding scholarships to | 408 |
or for attendance at an institution mentioned in division (B)(12) | 409 |
of section 5739.02 of the Revised Code, is donated to a | 410 |
governmental agency, or is used for nonprofit youth activities, | 411 |
the purchase of United States or Ohio flags that are donated to | 412 |
schools, youth groups, or other bona fide nonprofit organizations, | 413 |
promotion of patriotism, or disaster relief; | 414 |
(BB)(X) "Youth athletic organization" means any organization, | 428 |
not organized for profit, that is organized and operated | 429 |
exclusively to provide financial support to, or to operate, | 430 |
athletic activities for persons who are twenty-one years of age or | 431 |
younger by means of sponsoring, organizing, operating, or | 432 |
contributing to the support of an athletic team, club, league, or | 433 |
association. | 434 |
(a) The playing fields are used at least one hundred days per | 440 |
year for athletic activities by one or more organizations, not | 441 |
organized for profit, each of which is organized and operated | 442 |
exclusively to provide financial support to, or to operate, | 443 |
athletic activities for persons who are eighteen years of age or | 444 |
younger by means of sponsoring, organizing, operating, or | 445 |
contributing to the support of an athletic team, club, league, or | 446 |
association. | 447 |
(FF)(AA) "Instant bingo" means a form of bingo that uses | 469 |
shall use folded or banded tickets or paper cards with perforated | 470 |
break-open tabs, a face of which is covered or otherwise hidden | 471 |
from view to conceal a number, letter, or symbol, or set of | 472 |
numbers, letters, or symbols, some of which have been designated | 473 |
in advance as prize winners. "Instant bingo" includes seal cards, | 474 |
and may also include games in which some winners are determined by | 475 |
the random selection of one or more bingo numbers by the use of a | 476 |
seal card or bingo blower. In all "instant bingo" the prize amount | 477 |
and structure shall be predetermined. "Instant bingo" does not | 478 |
include any device that is activated by the insertion of a coin, | 479 |
currency, token, or an equivalent, and that contains as one of its | 480 |
components a video display monitor that is capable of displaying | 481 |
numbers, letters, symbols, or characters in winning or losing | 482 |
combinations. | 483 |
(II)(DD) "Punch board" means a board containing a number of | 503 |
holes or receptacles of uniform size in which are placed, | 504 |
mechanically and randomly, serially numbered slips of paper that | 505 |
may be punched or drawn from the hole or receptacle when used in | 506 |
conjunction with instant bingo. A player may punch or draw the | 507 |
numbered slips of paper from the holes or receptacles and obtain | 508 |
the prize established for the game if the number drawn corresponds | 509 |
to a winning number or, if the punch board includes the use of a | 510 |
seal card, a potential winning number. | 511 |
(XX)(SS) "Charitable instant bingo organization" means an | 621 |
organization that is exempt from federal income taxation under | 622 |
subsection 501(a) and described in subsection 501(c)(3) of the | 623 |
Internal Revenue Code and is a charitable organization as defined | 624 |
in this section. A "charitable instant bingo organization" does | 625 |
not include a charitable organization that is exempt from federal | 626 |
income taxation under subsection 501(a) and described in | 627 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 628 |
created by a veteran's organization, a fraternal organization, or | 629 |
a sporting organization in regards to bingo conducted or assisted | 630 |
by a veteran's organization, a fraternal organization, or a | 631 |
sporting organization pursuant to section 2915.13 of the Revised | 632 |
Code. | 633 |
(ZZ) "Historic railroad educational organization" means an | 648 |
organization that is exempt from federal income taxation under | 649 |
subsection 501(a) and described in subsection 501(c)(3) of the | 650 |
Internal Revenue Code, that owns in fee simple the tracks and the | 651 |
right-of-way of a historic railroad that the organization restores | 652 |
or maintains and on which the organization provides excursions as | 653 |
part of a program to promote tourism and educate visitors | 654 |
regarding the role of railroad transportation in Ohio history, and | 655 |
that received as donations from a charitable organization that | 656 |
holds a license to conduct bingo under this chapter an amount | 657 |
equal to at least fifty per cent of that licensed charitable | 658 |
organization's net proceeds from the conduct of bingo during each | 659 |
of the five years preceding June 30, 2003. "Historic railroad" | 660 |
means all or a portion of the tracks and right-of-way of a | 661 |
railroad that was owned and operated by a for-profit common | 662 |
carrier in this state at any time prior to January 1, 1950. | 663 |
(B) For purposes of division (A)(1) of this section, a person | 782 |
facilitates bookmaking if the person in any way knowingly aids an | 783 |
illegal bookmaking operation, including, without limitation, | 784 |
placing a bet with a person engaged in or facilitating illegal | 785 |
bookmaking. For purposes of division (A)(2) of this section, a | 786 |
person facilitates a game of chance conducted for profit or a | 787 |
scheme of chance if the person in any way knowingly aids in the | 788 |
conduct or operation of any such game or scheme, including, | 789 |
without limitation, playing any such game or scheme. | 790 |
(c) The games of chance are conducted at festivals of the | 803 |
charitable organization that are conducted either for a period of | 804 |
four consecutive days or less and not more than twice a year or | 805 |
for a period ofa total of five consecutive days not more than | 806 |
once a year, and are conducted on premises owned by the charitable | 807 |
organization for a period of no less than one year immediately | 808 |
preceding the conducting of the games of chance, on premises | 809 |
leased from a governmental unit, or on premises that are leased | 810 |
from a veteran's or fraternal organization and that have been | 811 |
owned by the lessor veteran's or fraternal organization for a | 812 |
period of no less than one year immediately preceding the | 813 |
conducting of the games of chance. | 814 |
A charitable organization shall not lease premises from a | 815 |
veteran's or fraternal organization to conduct a festival | 816 |
described in division (D)(1)(c) of this section if the veteran's | 817 |
or fraternal organization already has leased the premises twelve | 818 |
times during the preceding year to charitable organizations for | 819 |
that purpose. If a charitable organization leases premises from a | 820 |
veteran's or fraternal organization to conduct a festival | 821 |
described in division (D)(1)(c) of this section, the charitable | 822 |
organization shall not pay a rental rate for the premises per day | 823 |
of the festival that exceeds the rental rate per bingo session | 824 |
that a charitable organization may pay under division (B)(1) of | 825 |
section 2915.09 of the Revised Code when it leases premises from | 826 |
another charitable organization to conduct bingo games. | 827 |
(d) All of the money or assets received from the games of | 828 |
chance after deduction only of prizes paid out during the conduct | 829 |
of the games of chance are used by, or given, donated, or | 830 |
otherwise transferred to, any organization that is described in | 831 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 832 |
Revenue Code and is either a governmental unit or an organization | 833 |
that is tax exempt under subsection 501(a) and described in | 834 |
subsection 501(c)(3) of the Internal Revenue Code; | 835 |
(B) Whoever violates division (A) of this section is guilty | 863 |
of skill-based amusement machine prohibited conduct. A violation | 864 |
of division (A) of this section is a misdemeanor of the first | 865 |
degree for each redemption of a prize that is involved in the | 866 |
violation. If the offender previously has been convicted of a | 867 |
violation of division (A) of this section, a violation of that | 868 |
division is a felony of the fifth degree for each redemption of a | 869 |
prize that is involved in the violation. The maximum fine | 870 |
authorized to be imposed for a felony of the fifth degree shall be | 871 |
imposed upon the offender. | 872 |
Sec. 2915.08. (A)(1) Annually before the first day of | 873 |
January, a charitable organization that desires to conduct bingo, | 874 |
instant bingo at a bingo session, or instant bingo other than at a | 875 |
bingo session shall make out, upon a form to be furnished by the | 876 |
attorney general for that purpose, an application for a license to | 877 |
conduct bingo, instant bingo at a bingo session, or instant bingo | 878 |
other than at a bingo session and deliver that application to the | 879 |
attorney general together with a license fee as follows: | 880 |
(b) For a license for the conduct of instant bingo at a bingo | 883 |
session or instant bingo other than at a bingo session for a | 884 |
charitable organization that previously has not been licensed | 885 |
under this chapter to conduct instant bingo at a bingo session or | 886 |
instant bingo other than at a bingo session, a license fee of five | 887 |
hundred dollars, and for any other charitable organization, a | 888 |
license fee that is based upon the gross profits received by the | 889 |
charitable organization from the operation of instant bingo at a | 890 |
bingo session or instant bingo other than at a bingo session, | 891 |
during the one-year period ending on the thirty-first day of | 892 |
October of the year immediately preceding the year for which the | 893 |
license is sought, and that is one of the following: | 894 |
(c) The location at which the organization will conduct | 928 |
bingo, which location shall be within the county in which the | 929 |
principal place of business of the applicant is located, or within | 930 |
the municipal corporation in which the principal place of business | 931 |
of the applicant is located if the organization is located in more | 932 |
than one municipal corporation, the days of the week and the times | 933 |
on each of those days when bingo will be conducted, whether the | 934 |
organization owns, leases, or subleases the premises, and a copy | 935 |
of the rental agreement if it leases or subleases the premises; | 936 |
(d) A statement of the applicant's previous history, record, | 937 |
and association that is sufficient to establish that the applicant | 938 |
is a charitable organization, and a copy of a determination letter | 939 |
that is issued by the Internal Revenue Service and states that the | 940 |
organization is tax exempt under subsection 501(a) and described | 941 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 942 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 943 |
(j) In the case of an applicant seeking to qualify as a youth | 970 |
athletic park organization, a statement issued by a board or body | 971 |
vested with authority under Chapter 755. of the Revised Code for | 972 |
the supervision and maintenance of recreation facilities in the | 973 |
territory in which the organization is located, certifying that | 974 |
the playing fields owned by the organization were used for at | 975 |
least one hundred days during the year in which the statement is | 976 |
issued, and were open for use to all residents of that territory, | 977 |
regardless of race, color, creed, religion, sex, or national | 978 |
origin, for athletic activities by youth athletic organizations | 979 |
that do not discriminate on the basis of race, color, creed, | 980 |
religion, sex, or national origin, and that the fields were not | 981 |
used for any profit-making activity at any time during the year. | 982 |
That type of board or body is authorized to issue the statement | 983 |
upon request and shall issue the statement if it finds that the | 984 |
applicant's playing fields were so used. | 985 |
(3) The attorney general, within thirty days after receiving | 986 |
a timely filed application from a charitable organization that has | 987 |
been issued a license under this section that has not expired and | 988 |
has not been revoked or suspended, shall send a temporary permit | 989 |
to the applicant specifying the date on which the application was | 990 |
filed with the attorney general and stating that, pursuant to | 991 |
section 119.06 of the Revised Code, the applicant may continue to | 992 |
conduct bingo until a new license is granted or, if the | 993 |
application is rejected, until fifteen days after notice of the | 994 |
rejection is mailed to the applicant. The temporary permit does | 995 |
not affect the validity of the applicant's application and does | 996 |
not grant any rights to the applicant except those rights | 997 |
specifically granted in section 119.06 of the Revised Code. The | 998 |
issuance of a temporary permit by the attorney general pursuant to | 999 |
this division does not prohibit the attorney general from | 1000 |
rejecting the applicant's application because of acts that the | 1001 |
applicant committed, or actions that the applicant failed to take, | 1002 |
before or after the issuance of the temporary permit. | 1003 |
(4) Within thirty days after receiving an initial license | 1004 |
application from a charitable organization to conduct bingo, | 1005 |
instant bingo at a bingo session, or instant bingo other than at a | 1006 |
bingo session, the attorney general shall conduct a preliminary | 1007 |
review of the application and notify the applicant regarding any | 1008 |
deficiencies. Once an application is deemed complete, or beginning | 1009 |
on the thirtieth day after the application is filed, if the | 1010 |
attorney general failed to notify the applicant of any | 1011 |
deficiencies, the attorney general shall have an additional sixty | 1012 |
days to conduct an investigation and either grant or deny the | 1013 |
application based on findings established and communicated in | 1014 |
accordance with divisions (B) and (E) of this section. As an | 1015 |
option to granting or denying an initial license application, the | 1016 |
attorney general may grant a temporary license and request | 1017 |
additional time to conduct the investigation if the attorney | 1018 |
general has cause to believe that additional time is necessary to | 1019 |
complete the investigation and has notified the applicant in | 1020 |
writing about the specific concerns raised during the | 1021 |
investigation. | 1022 |
(B)(1) The attorney general shall adopt rules to enforce | 1023 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 1024 |
Code to ensure that bingo or instant bingo is conducted in | 1025 |
accordance with those sections and to maintain proper control over | 1026 |
the conduct of bingo or instant bingo. The rules, except rules | 1027 |
adopted pursuant to divisions (A)(2)(g) and (G) of this section, | 1028 |
shall be adopted pursuant to Chapter 119. of the Revised Code. The | 1029 |
attorney general shall license charitable organizations to conduct | 1030 |
bingo, instant bingo at a bingo session, or instant bingo other | 1031 |
than at a bingo session in conformance with this chapter and with | 1032 |
the licensing provisions of Chapter 119. of the Revised Code. | 1033 |
(E) A license issued by the attorney general shall set forth | 1079 |
the information contained on the application of the charitable | 1080 |
organization that the attorney general determines is relevant, | 1081 |
including, but not limited to, the location at which the | 1082 |
organization will conduct bingo, instant bingo at a bingo session, | 1083 |
or instant bingo other than at a bingo session and the days of the | 1084 |
week and the times on each of those days when bingo will be | 1085 |
conducted. If the attorney general refuses to grant or revokes or | 1086 |
suspends a license, the attorney general shall notify the | 1087 |
applicant in writing and specifically identify the reason for the | 1088 |
refusal, revocation, or suspension in narrative form and, if | 1089 |
applicable, by identifying the section of the Revised Code | 1090 |
violated. The failure of the attorney general to give the written | 1091 |
notice of the reasons for the refusal, revocation, or suspension | 1092 |
or a mistake in the written notice does not affect the validity of | 1093 |
the attorney general's refusal to grant, or the revocation or | 1094 |
suspension of, a license. If the attorney general fails to give | 1095 |
the written notice or if there is a mistake in the written notice, | 1096 |
the applicant may bring an action to compel the attorney general | 1097 |
to comply with this division or to correct the mistake, but the | 1098 |
attorney general's order refusing to grant, or revoking or | 1099 |
suspending, a license shall not be enjoined during the pendency of | 1100 |
the action. | 1101 |
(F) A charitable organization that has been issued a license | 1102 |
pursuant to division (B) of this section but that cannot conduct | 1103 |
bingo or instant bingo at the location, or on the day of the week | 1104 |
or at the time, specified on the license due to circumstances that | 1105 |
make it impractical to do so may apply in writing, together with | 1106 |
an application fee of two hundred fifty dollars, to the attorney | 1107 |
general, at least thirty days prior to a change in location, day | 1108 |
of the week, or time, and request an amended license. The | 1109 |
application shall describe the causes making it impractical for | 1110 |
the organization to conduct bingo or instant bingo in conformity | 1111 |
with its license and shall indicate the location, days of the | 1112 |
week, and times on each of those days when it desires to conduct | 1113 |
bingo or instant bingo. Except as otherwise provided in this | 1114 |
division, the attorney general shall issue the amended license in | 1115 |
accordance with division (E) of this section, and the organization | 1116 |
shall surrender its original license to the attorney general. The | 1117 |
attorney general may refuse to grant an amended license according | 1118 |
to the terms of division (B) of this section. | 1119 |
(H) The attorney general, by rule adopted pursuant to section | 1125 |
111.15 of the Revised Code, shall establish license fees for the | 1126 |
conduct of bingo, instant bingo at a bingo session, or instant | 1127 |
bingo other than at a bingo session for charitable organizations | 1128 |
that prior to the effective date of this amendmentJuly 1, 2003, | 1129 |
have not been licensed to conduct bingo, instant bingo at a bingo | 1130 |
session, or instant bingo other than at a bingo session under this | 1131 |
chapter. | 1132 |
(2) Except as otherwise provided in division (A)(3) of this | 1150 |
section, use all of the gross receipts from bingo for paying | 1151 |
prizes, for reimbursement of expenses for or for renting premises | 1152 |
in which to conduct a bingo session, for reimbursement of expenses | 1153 |
for or for purchasing or leasing bingo supplies used in conducting | 1154 |
bingo, for reimbursement of expenses for or for hiring security | 1155 |
personnel, for reimbursement of expenses for or for advertising | 1156 |
bingo, or for reimbursement of other expenses or for other | 1157 |
expenses listed in division (LL)(GG) of section 2915.01 of the | 1158 |
Revised Code, provided that the amount of the receipts so spent is | 1159 |
not more than is customary and reasonable for a similar purchase, | 1160 |
lease, hiring, advertising, or expense. If the building in which | 1161 |
bingo is conducted is owned by the charitable organization | 1162 |
conducting bingo and the bingo conducted includes a form of bingo | 1163 |
described in division (S)(O)(1) of section 2915.01 of the Revised | 1164 |
Code, the charitable organization may deduct from the total amount | 1165 |
of the gross receipts from each session a sum equal to the lesser | 1166 |
of six hundred dollars or forty-five per cent of the gross | 1167 |
receipts from the bingo described in that division as | 1168 |
consideration for the use of the premises. | 1169 |
(1) Conduct the bingo game on premises that are owned by the | 1180 |
charitable organization, on premises that are owned by another | 1181 |
charitable organization and leased from that charitable | 1182 |
organization for a rental rate not in excess of the lesser of six | 1183 |
hundred dollars per bingo session or forty-five per cent of the | 1184 |
gross receipts of the bingo session, on premises that are leased | 1185 |
from a person other than a charitable organization for a rental | 1186 |
rate that is not more than is customary and reasonable for | 1187 |
premises that are similar in location, size, and quality but not | 1188 |
in excess of four hundred fifty dollars per bingo session, or on | 1189 |
premises that are owned by a person other than a charitable | 1190 |
organization, that are leased from that person by another | 1191 |
charitable organization, and that are subleased from that other | 1192 |
charitable organization by the charitable organization for a | 1193 |
rental rate not in excess of four hundred fifty dollars per bingo | 1194 |
session. No charitable organization is required to pay property | 1195 |
taxes or assessments on premises that the charitable organization | 1196 |
leases from another person to conduct bingo sessions. If the | 1197 |
charitable organization leases from a person other than a | 1198 |
charitable organization the premises on which it conducts bingo | 1199 |
sessions, the lessor of the premises shall provide the premises to | 1200 |
the organization and shall not provide the organization with bingo | 1201 |
game operators, security personnel, concessions or concession | 1202 |
operators, bingo supplies, or any other type of service. A | 1203 |
charitable organization shall not lease or sublease premises that | 1204 |
it owns or leases to more than onethree other charitable | 1205 |
organizationorganizations per calendar week for the purpose of | 1206 |
conducting bingo sessions on the premises. A person that is not a | 1207 |
charitable organization shall not lease premises that it owns, | 1208 |
leases, or otherwise is empowered to lease to more than three | 1209 |
charitable organizations per calendar week for conducting bingo | 1210 |
sessions on the premises. In no case shall more than nine bingo | 1211 |
sessions be conducted on any premises in any calendar week. | 1212 |
(1) Pay any compensation to a bingo game operator for | 1221 |
operating a bingo session that is conducted by the charitable | 1222 |
organization or for preparing, selling, or serving food or | 1223 |
beverages at the site of the bingo session, permit any auxiliary | 1224 |
unit or society of the charitable organization to pay compensation | 1225 |
to any bingo game operator who prepares, sells, or serves food or | 1226 |
beverages at a bingo session conducted by the charitable | 1227 |
organization, or permit any auxiliary unit or society of the | 1228 |
charitable organization to prepare, sell, or serve food or | 1229 |
beverages at a bingo session conducted by the charitable | 1230 |
organization, if the auxiliary unit or society pays any | 1231 |
compensation to the bingo game operators who prepare, sell, or | 1232 |
serve the food or beverages; | 1233 |
(6) Conduct a bingo session at any time during the ten-hour | 1250 |
eight-hour period between midnighttwo a.m. and ten a.m., at any | 1251 |
time during, or within ten hours of, a bingo game conducted for | 1252 |
amusement only pursuant to section 2915.12 of the Revised Code, at | 1253 |
any premises not specified on its license, or on any day of the | 1254 |
week or during any time period not specified on its license. | 1255 |
Division (A)(6) of this section does not prohibit the sale of | 1256 |
instant bingo tickets beginning at nine a.m. for a bingo session | 1257 |
that begins at ten a.m. If circumstances make it impractical for | 1258 |
the charitable organization to conduct a bingo session at the | 1259 |
premises, or on the day of the week or at the time, specified on | 1260 |
its license, or if a charitable organization wants to conduct | 1261 |
bingo sessions on a day of the week or at a time other than the | 1262 |
day or time specified on its license, the charitable organization | 1263 |
may apply in writing to the attorney general for an amended | 1264 |
license pursuant to division (F) of section 2915.08 of the Revised | 1265 |
Code. A charitable organization may apply twice in each calendar | 1266 |
year for an amended license to conduct bingo sessions on a day of | 1267 |
the week or at a time other than the day or time specified on its | 1268 |
license. If the amended license is granted, the organization may | 1269 |
conduct bingo sessions at the premises, on the day of the week, | 1270 |
and at the time specified on its amended license. | 1271 |
(D)(1) Except as otherwise provided in division (D)(3) of | 1321 |
this section, no charitable organization shall provide to a bingo | 1322 |
game operator, and no bingo game operator shall receive or accept, | 1323 |
any commission, wage, salary, reward, tip, donation, gratuity, or | 1324 |
other form of compensation, directly or indirectly, regardless of | 1325 |
the source, for conducting bingo or providing other work or labor | 1326 |
at the site of bingo during a bingo session. | 1327 |
(2) Except as otherwise provided in division (D)(3) of this | 1328 |
section, no charitable organization shall provide to a bingo game | 1329 |
operator any commission, wage, salary, reward, tip, donation, | 1330 |
gratuity, or other form of compensation, directly or indirectly, | 1331 |
regardless of the source, for conducting instant bingo other than | 1332 |
at a bingo session at the site of instant bingo other than at a | 1333 |
bingo session. | 1334 |
(E) Notwithstanding division (B)(1) of this section, a | 1341 |
charitable organization that, prior to December 6, 1977, has | 1342 |
entered into written agreements for the lease of premises it owns | 1343 |
to another charitable organization or other charitable | 1344 |
organizations for the conducting of bingo sessions so that more | 1345 |
than two bingo sessions are conducted per calendar week on the | 1346 |
premises, and a person that is not a charitable organization and | 1347 |
that, prior to December 6, 1977, has entered into written | 1348 |
agreements for the lease of premises it owns to charitable | 1349 |
organizations for the conducting of more than two bingo sessions | 1350 |
per calendar week on the premises, may continue to lease the | 1351 |
premises to those charitable organizations, provided that no more | 1352 |
than four sessions are conducted per calendar week, that the | 1353 |
lessor organization or person has notified the attorney general in | 1354 |
writing of the organizations that will conduct the sessions and | 1355 |
the days of the week and the times of the day on which the | 1356 |
sessions will be conducted, that the initial lease entered into | 1357 |
with each organization that will conduct the sessions was filed | 1358 |
with the attorney general prior to December 6, 1977, and that each | 1359 |
organization that will conduct the sessions was issued a license | 1360 |
to conduct bingo games by the attorney general prior to December | 1361 |
6, 1977. | 1362 |
(G) Whoever violates division (A)(2) of this section is | 1366 |
guilty of illegally conducting a bingo game, a felony of the | 1367 |
fourth degree. Except as otherwise provided in this division, | 1368 |
whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1369 |
(C)(1) to (12), or (D) of this section is guilty of a minor | 1370 |
misdemeanor. If the offender previously has been convicted of a | 1371 |
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1372 |
to (11), or (D) of this section, a violation of division (A)(1) or | 1373 |
(3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1374 |
misdemeanor of the first degree. Whoever violates division (C)(12) | 1375 |
of this section is guilty of a misdemeanor of the first degree, if | 1376 |
the offender previously has been convicted of a violation of | 1377 |
division (C)(12) of this section, a felony of the fourth degree. | 1378 |
(a) That organization is, and has received from the internal | 1385 |
revenue service a determination letter that is currently in effect | 1386 |
stating that the organization is, exempt from federal income | 1387 |
taxation under subsection 501(a), is described in subsection | 1388 |
501(c)(3) of the Internal Revenue Code, is a charitable | 1389 |
organization as defined in section 2915.01 of the Revised Code, is | 1390 |
in good standing in the state pursuant to section 2915.08 of the | 1391 |
Revised Code, and is in compliance with Chapter 1716. of the | 1392 |
Revised Code; | 1393 |
(9) Pay any compensation to a bingo game operator for | 1419 |
conducting instant bingo that is conducted by the organization or | 1420 |
for preparing, selling, or serving food or beverages at the site | 1421 |
of the instant bingo game, permit any auxiliary unit or society of | 1422 |
the organization to pay compensation to any bingo game operator | 1423 |
who prepares, sells, or serves food or beverages at an instant | 1424 |
bingo game conducted by the organization, or permit any auxiliary | 1425 |
unit or society of the organization to prepare, sell, or serve | 1426 |
food or beverages at an instant bingo game conducted by the | 1427 |
organization, if the auxiliary unit or society pays any | 1428 |
compensation to the bingo game operators who prepare, sell, or | 1429 |
serve the food or beverages; | 1430 |
(C) The attorney general may adopt rules in accordance with | 1474 |
Chapter 119. of the Revised Code that govern the conduct of | 1475 |
instant bingo by charitable organizations. Before those rules are | 1476 |
adopted, the attorney general shall reference the recommended | 1477 |
standards for opacity, randomization, minimum information, winner | 1478 |
protection, color, and cutting for instant bingo tickets or cards, | 1479 |
seal cards, and punch boards established by the North American | 1480 |
gaming regulators association. | 1481 |
Sec. 2915.092. (A)(1) Subject to division (A)(2) of this | 1489 |
section, a charitable organization, a public school, a chartered | 1490 |
nonpublic school, a community school, or a veteran's organization, | 1491 |
fraternal organization, or sporting organization that is exempt | 1492 |
from federal income taxation under subsection 501(a) and is | 1493 |
described in subsection 501(c)(3), 501(c)(4), 501(c)(7), | 1494 |
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code | 1495 |
may conduct a raffle to raise money for the organization or school | 1496 |
and does not need a license to conduct bingo in order to conduct a | 1497 |
raffle drawing that is not for profit. | 1498 |
(2) If a charitable organization that is described in | 1499 |
division (A)(1) of this section, but that is not also described in | 1500 |
subsection 501(c)(3) of the Internal Revenue Code, conducts a | 1501 |
raffle, the charitable organization shall distribute at least | 1502 |
fifty per cent of the net profit from the raffle to a charitable | 1503 |
purpose described in division (Z)(V) of section 2915.01 of the | 1504 |
Revised Code or to a department or agency of the federal | 1505 |
government, the state, or any political subdivision. | 1506 |
Sec. 2915.093. (A) As used in this section, "retail income | 1516 |
from all commercial activity" means the income that a person | 1517 |
receives from the provision of goods, services, or activities that | 1518 |
are provided at the location where instant bingo other than at a | 1519 |
bingo session is conducted, including the sale of instant bingo | 1520 |
tickets. A religious organization that is exempt from federal | 1521 |
income taxation under subsection 501(a) and described in | 1522 |
subsection 501(c)(3) of the Internal Revenue Code, at not more | 1523 |
than one location at which it conducts its charitable programs, | 1524 |
may include donations from its members and guests as retail | 1525 |
income. | 1526 |
(E)(D) The owner or lessor of a location that enters into a | 1553 |
contract pursuant to division (C)(B) of this section shall pay the | 1554 |
full gross profit, minus the expenses incurred by the owner or | 1555 |
lessor of a location that can be attributed to conducting instant | 1556 |
bingo at that location, to the charitable instant bingo | 1557 |
organization, in return for the deal of instant bingo tickets. The | 1558 |
owner or lessor may retain the money that the owner or lessor | 1559 |
receives for selling the instant bingo tickets, provided, however, | 1560 |
that after the deal has been sold, the owner or lessor shall pay | 1561 |
to the charitable instant bingo organization the value of any | 1562 |
unredeemed instant bingo prizes remaining in the deal of instant | 1563 |
bingo tickets. | 1564 |
(G)(F) Division (D)(C) of this section does not apply to a | 1599 |
volunteer firefighter's organization that is exempt from federal | 1600 |
income taxation under subsection 501(a) and described in | 1601 |
subsection 501(c)(3) of the Internal Revenue Code, that conducts | 1602 |
instant bingo other than at a bingo session on the premises where | 1603 |
the organization conducts firefighter training, that has conducted | 1604 |
instant bingo continuously for at least five years prior to July | 1605 |
1, 2003, and that, during each of those five years, had gross | 1606 |
receipts of at least one million five hundred thousand dollars. | 1607 |
(4) An itemized list of the recipients of the net profit of | 1660 |
the bingo or game of chance, including the name and address of | 1661 |
each recipient to whom the money is distributed, and if the | 1662 |
organization uses the net profit of bingo, or the money or assets | 1663 |
received from a game of chance, for any charitable or other | 1664 |
purpose set forth in division (Z)(V) of section 2915.01, division | 1665 |
(D) of section 2915.02, or section 2915.101 of the Revised Code, a | 1666 |
list of each purpose and an itemized list of each expenditure for | 1667 |
each purpose; | 1668 |
(I) No person shall destroy, alter, conceal, withhold, or | 1750 |
deny access to any accounts or records of a charitable | 1751 |
organization that have been requested for examination, or | 1752 |
obstruct, impede, or interfere with any inspection, audit, or | 1753 |
observation of bingo or a game of chance or premises where bingo | 1754 |
or a game of chance is conducted, or refuse to comply with any | 1755 |
reasonable request of, or obstruct, impede, or interfere with any | 1756 |
other reasonable action undertaken by, the attorney general or a | 1757 |
law enforcement agency pursuant to division (H) of this section. | 1758 |
(C) Nothing in this section prohibits a veteran's | 1815 |
organization, a fraternal organization, or a sporting organization | 1816 |
from distributing any net profit from the proceeds of the sale of | 1817 |
instant bingo to an organization that is described in subsection | 1818 |
501(c)(3) of the Internal Revenue Code when the organization that | 1819 |
is described in subsection 501(c)(3) of the Internal Revenue Code | 1820 |
is one that makes donations to other organizations and permits | 1821 |
donors to advise or direct such donations so long as the donations | 1822 |
comply with requirements established in or pursuant to subsection | 1823 |
501(c)(3) of the Internal Revenue Code. | 1824 |
(2) A charitable organization shall pay expenses for | 1907 |
conducting games of chance in a charity card room, including | 1908 |
expenses for the following: dealers, payroll administration, | 1909 |
security, accounting, auditing, shuffle machine rental, insurance, | 1910 |
marketing, advertising, utilities, cleanup, maintenance, and | 1911 |
repair. A charitable organization may pay these expenses from its | 1912 |
share of the revenue made from conducting games of chance in the | 1913 |
charity card room. | 1914 |
(H) "Personal property" means any personal property, any | 1996 |
interest in personal property, or any right, including, but not | 1997 |
limited to, bank accounts, debts, corporate stocks, patents, or | 1998 |
copyrights. Personal property and any beneficial interest in | 1999 |
personal property are deemed to be located where the trustee of | 2000 |
the property, the personal property, or the instrument evidencing | 2001 |
the right is located. | 2002 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 2010 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 2011 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 2012 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 2013 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 2014 |
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 2015 |
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 2016 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 2017 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 2018 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 2019 |
division (E) or (G) of section 3772.99; division (J)(1) of section | 2020 |
4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D), | 2021 |
or (E) of section 4719.07; section 4719.08; or division (A) of | 2022 |
section 4719.09 of the Revised Code. | 2023 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 2024 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 2025 |
any violation of section 2915.02 of the Revised Code that occurs | 2026 |
on or after July 1, 1996, and that, had it occurred prior to that | 2027 |
date, would have been a violation of section 3769.11 of the | 2028 |
Revised Code as it existed prior to that date, or any violation of | 2029 |
section 2915.05 of the Revised Code that occurs on or after July | 2030 |
1, 1996, and that, had it occurred prior to that date, would have | 2031 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 2032 |
Revised Code as it existed prior to that date. | 2033 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 2034 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 2035 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 2036 |
of the Revised Code, any violation of section 2925.11 of the | 2037 |
Revised Code that is a felony of the first, second, third, or | 2038 |
fourth degree and that occurs on or after July 1, 1996, any | 2039 |
violation of section 2915.02 of the Revised Code that occurred | 2040 |
prior to July 1, 1996, any violation of section 2915.02 of the | 2041 |
Revised Code that occurs on or after July 1, 1996, and that, had | 2042 |
it occurred prior to that date, would not have been a violation of | 2043 |
section 3769.11 of the Revised Code as it existed prior to that | 2044 |
date, any violation of section 2915.06 of the Revised Code as it | 2045 |
existed prior to July 1, 1996, or any violation of division (B) of | 2046 |
section 2915.05 of the Revised Code as it exists on and after July | 2047 |
1, 1996, when the proceeds of the violation, the payments made in | 2048 |
the violation, the amount of a claim for payment or for any other | 2049 |
benefit that is false or deceptive and that is involved in the | 2050 |
violation, or the value of the contraband or other property | 2051 |
illegally possessed, sold, or purchased in the violation exceeds | 2052 |
one thousand dollars, or any combination of violations described | 2053 |
in division (I)(2)(c) of this section when the total proceeds of | 2054 |
the combination of violations, payments made in the combination of | 2055 |
violations, amount of the claims for payment or for other benefits | 2056 |
that is false or deceptive and that is involved in the combination | 2057 |
of violations, or value of the contraband or other property | 2058 |
illegally possessed, sold, or purchased in the combination of | 2059 |
violations exceeds one thousand dollars; | 2060 |
(e) Any violation or combination of violations of section | 2063 |
2907.32 of the Revised Code involving any material or performance | 2064 |
containing a display of bestiality or of sexual conduct, as | 2065 |
defined in section 2907.01 of the Revised Code, that is explicit | 2066 |
and depicted with clearly visible penetration of the genitals or | 2067 |
clearly visible penetration by the penis of any orifice when the | 2068 |
total proceeds of the violation or combination of violations, the | 2069 |
payments made in the violation or combination of violations, or | 2070 |
the value of the contraband or other property illegally possessed, | 2071 |
sold, or purchased in the violation or combination of violations | 2072 |
exceeds one thousand dollars; | 2073 |
(f) Any combination of violations described in division | 2074 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 2075 |
Revised Code involving any material or performance containing a | 2076 |
display of bestiality or of sexual conduct, as defined in section | 2077 |
2907.01 of the Revised Code, that is explicit and depicted with | 2078 |
clearly visible penetration of the genitals or clearly visible | 2079 |
penetration by the penis of any orifice when the total proceeds of | 2080 |
the combination of violations, payments made in the combination of | 2081 |
violations, amount of the claims for payment or for other benefits | 2082 |
that is false or deceptive and that is involved in the combination | 2083 |
of violations, or value of the contraband or other property | 2084 |
illegally possessed, sold, or purchased in the combination of | 2085 |
violations exceeds one thousand dollars; | 2086 |
(b) By enacting division (I)(5)(a) of this section, it is the | 2106 |
intent of the general assembly to add organized retail theft and | 2107 |
the conduct described in division (I)(5)(a)(ii) of this section as | 2108 |
conduct constituting corrupt activity. The enactment of division | 2109 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 2110 |
of this section of organized retail theft and the conduct | 2111 |
described in division (I)(5)(a)(ii) of this section as conduct | 2112 |
constituting corrupt activity does not limit or preclude, and | 2113 |
shall not be construed as limiting or precluding, any prosecution | 2114 |
for a violation of section 2923.32 of the Revised Code that is | 2115 |
based on one or more violations of section 2913.02 or 2913.51 of | 2116 |
the Revised Code, one or more similar offenses under the laws of | 2117 |
this state or any other state, or any combination of any of those | 2118 |
violations or similar offenses, even though the conduct | 2119 |
constituting the basis for those violations or offenses could be | 2120 |
construed as also constituting organized retail theft or conduct | 2121 |
of the type described in division (I)(5)(a)(ii) of this section. | 2122 |
(L) "Unlawful debt" means any money or other thing of value | 2138 |
constituting principal or interest of a debt that is legally | 2139 |
unenforceable in this state in whole or in part because the debt | 2140 |
was incurred or contracted in violation of any federal or state | 2141 |
law relating to the business of gambling activity or relating to | 2142 |
the business of lending money at an usurious rate unless the | 2143 |
creditor proves, by a preponderance of the evidence, that the | 2144 |
usurious rate was not intentionally set and that it resulted from | 2145 |
a good faith error by the creditor, notwithstanding the | 2146 |
maintenance of procedures that were adopted by the creditor to | 2147 |
avoid an error of that nature. | 2148 |
(M) "Animal activity" means any activity that involves the | 2149 |
use of animals or animal parts, including, but not limited to, | 2150 |
hunting, fishing, trapping, traveling, camping, the production, | 2151 |
preparation, or processing of food or food products, clothing or | 2152 |
garment manufacturing, medical research, other research, | 2153 |
entertainment, recreation, agriculture, biotechnology, or service | 2154 |
activity that involves the use of animals or animal parts. | 2155 |
(N) "Animal facility" means a vehicle, building, structure, | 2156 |
nature preserve, or other premises in which an animal is lawfully | 2157 |
kept, handled, housed, exhibited, bred, or offered for sale, | 2158 |
including, but not limited to, a zoo, rodeo, circus, amusement | 2159 |
park, hunting preserve, or premises in which a horse or dog event | 2160 |
is held. | 2161 |
(O) "Animal or ecological terrorism" means the commission of | 2162 |
any felony that involves causing or creating a substantial risk of | 2163 |
physical harm to any property of another, the use of a deadly | 2164 |
weapon or dangerous ordnance, or purposely, knowingly, or | 2165 |
recklessly causing serious physical harm to property and that | 2166 |
involves an intent to obstruct, impede, or deter any person from | 2167 |
participating in a lawful animal activity, from mining, foresting, | 2168 |
harvesting, gathering, or processing natural resources, or from | 2169 |
being lawfully present in or on an animal facility or research | 2170 |
facility. | 2171 |
(A) "Wire communication" means an aural transfer that is made | 2196 |
in whole or in part through the use of facilities for the | 2197 |
transmission of communications by the aid of wires or similar | 2198 |
methods of connecting the point of origin of the communication and | 2199 |
the point of reception of the communication, including the use of | 2200 |
a method of connecting the point of origin and the point of | 2201 |
reception of the communication in a switching station, if the | 2202 |
facilities are furnished or operated by a person engaged in | 2203 |
providing or operating the facilities for the transmission of | 2204 |
communications. "Wire communication" includes an electronic | 2205 |
storage of a wire communication. | 2206 |
(1) A felony violation of section 1315.53, 1315.55, 2903.01, | 2265 |
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32, | 2266 |
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, | 2267 |
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, | 2268 |
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, | 2269 |
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, | 2270 |
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or | 2271 |
2925.06 or of division (B) of section 2915.05 or of division (E) | 2272 |
or (G) of section 3772.99 of the Revised Code; | 2273 |
(L) "Special need" means a showing that a licensed physician, | 2292 |
licensed practicing psychologist, attorney, practicing cleric, | 2293 |
journalist, or either spouse is personally engaging in continuing | 2294 |
criminal activity, was engaged in continuing criminal activity | 2295 |
over a period of time, or is committing, has committed, or is | 2296 |
about to commit, a designated offense, or a showing that specified | 2297 |
public facilities are being regularly used by someone who is | 2298 |
personally engaging in continuing criminal activity, was engaged | 2299 |
in continuing criminal activity over a period of time, or is | 2300 |
committing, has committed, or is about to commit, a designated | 2301 |
offense. | 2302 |
(M) "Journalist" means a person engaged in, connected with, | 2303 |
or employed by, any news media, including a newspaper, magazine, | 2304 |
press association, news agency, or wire service, a radio or | 2305 |
television station, or a similar media, for the purpose of | 2306 |
gathering, processing, transmitting, compiling, editing, or | 2307 |
disseminating news for the general public. | 2308 |
(5) Transmitted on a frequency allocated under part 25, | 2343 |
subpart D, E, or F of part 74, or part 94 of the Rules of the | 2344 |
Federal Communications Commission, as those provisions existed on | 2345 |
July 1, 1996, unless, in the case of a communication transmitted | 2346 |
on a frequency allocated under part 74 that is not exclusively | 2347 |
allocated to broadcast auxiliary services, the communication is a | 2348 |
two-way voice communication by radio. | 2349 |
(a) The numbers of students receiving each category of | 2398 |
instructional service offered by the school district, such as | 2399 |
regular education instruction, vocational education instruction, | 2400 |
specialized instruction programs or enrichment instruction that is | 2401 |
part of the educational curriculum, instruction for gifted | 2402 |
students, instruction for students with disabilities, and remedial | 2403 |
instruction. The guidelines shall require instructional services | 2404 |
under this division to be divided into discrete categories if an | 2405 |
instructional service is limited to a specific subject, a specific | 2406 |
type of student, or both, such as regular instructional services | 2407 |
in mathematics, remedial reading instructional services, | 2408 |
instructional services specifically for students gifted in | 2409 |
mathematics or some other subject area, or instructional services | 2410 |
for students with a specific type of disability. The categories of | 2411 |
instructional services required by the guidelines under this | 2412 |
division shall be the same as the categories of instructional | 2413 |
services used in determining cost units pursuant to division | 2414 |
(C)(3) of this section. | 2415 |
(a) The total numbers of licensed employees and nonlicensed | 2459 |
employees and the numbers of full-time equivalent licensed | 2460 |
employees and nonlicensed employees providing each category of | 2461 |
instructional service, instructional support service, and | 2462 |
administrative support service used pursuant to division (C)(3) of | 2463 |
this section. The guidelines adopted under this section shall | 2464 |
require these categories of data to be maintained for the school | 2465 |
district as a whole and, wherever applicable, for each grade in | 2466 |
the school district as a whole, for each school building as a | 2467 |
whole, and for each grade in each school building. | 2468 |
(b) The total number of employees and the number of full-time | 2469 |
equivalent employees providing each category of service used | 2470 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 2471 |
total numbers of licensed employees and nonlicensed employees and | 2472 |
the numbers of full-time equivalent licensed employees and | 2473 |
nonlicensed employees providing each category used pursuant to | 2474 |
division (C)(4)(c) of this section. The guidelines adopted under | 2475 |
this section shall require these categories of data to be | 2476 |
maintained for the school district as a whole and, wherever | 2477 |
applicable, for each grade in the school district as a whole, for | 2478 |
each school building as a whole, and for each grade in each school | 2479 |
building. | 2480 |
(3)(a) Student demographic data for each school district, | 2488 |
including information regarding the gender ratio of the school | 2489 |
district's pupils, the racial make-up of the school district's | 2490 |
pupils, the number of limited English proficient students in the | 2491 |
district, and an appropriate measure of the number of the school | 2492 |
district's pupils who reside in economically disadvantaged | 2493 |
households. The demographic data shall be collected in a manner to | 2494 |
allow correlation with data collected under division (B)(1) of | 2495 |
this section. Categories for data collected pursuant to division | 2496 |
(B)(3) of this section shall conform, where appropriate, to | 2497 |
standard practices of agencies of the federal government. | 2498 |
(3) Instructional services costs for each category of | 2527 |
instructional service provided directly to students and required | 2528 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 2529 |
section. The guidelines shall require the cost units under | 2530 |
division (C)(3) of this section to be designed so that each of | 2531 |
them may be compiled and reported in terms of average expenditure | 2532 |
per pupil receiving the service in the school district as a whole | 2533 |
and average expenditure per pupil receiving the service in each | 2534 |
building in the school district and in terms of a total cost for | 2535 |
each category of service and, as a breakdown of the total cost, a | 2536 |
cost for each of the following components: | 2537 |
(4) Support or extracurricular services costs for each | 2550 |
category of service directly provided to students and required by | 2551 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 2552 |
The guidelines shall require the cost units under division (C)(4) | 2553 |
of this section to be designed so that each of them may be | 2554 |
compiled and reported in terms of average expenditure per pupil | 2555 |
receiving the service in the school district as a whole and | 2556 |
average expenditure per pupil receiving the service in each | 2557 |
building in the school district and in terms of a total cost for | 2558 |
each category of service and, as a breakdown of the total cost, a | 2559 |
cost for each of the following components: | 2560 |
(D)(1) The guidelines adopted under this section shall | 2575 |
require school districts to collect information about individual | 2576 |
students, staff members, or both in connection with any data | 2577 |
required by division (B) or (C) of this section or other reporting | 2578 |
requirements established in the Revised Code. The guidelines may | 2579 |
also require school districts to report information about | 2580 |
individual staff members in connection with any data required by | 2581 |
division (B) or (C) of this section or other reporting | 2582 |
requirements established in the Revised Code. The guidelines shall | 2583 |
not authorize school districts to request social security numbers | 2584 |
of individual students. The guidelines shall prohibit the | 2585 |
reporting under this section of a student's name, address, and | 2586 |
social security number to the state board of education or the | 2587 |
department of education. The guidelines shall also prohibit the | 2588 |
reporting under this section of any personally identifiable | 2589 |
information about any student, except for the purpose of assigning | 2590 |
the data verification code required by division (D)(2) of this | 2591 |
section, to any other person unless such person is employed by the | 2592 |
school district or the information technology center operated | 2593 |
under section 3301.075 of the Revised Code and is authorized by | 2594 |
the district or technology center to have access to such | 2595 |
information or is employed by an entity with which the department | 2596 |
contracts for the scoring of assessments administered under | 2597 |
section 3301.0711 of the Revised Code. The guidelines may require | 2598 |
school districts to provide the social security numbers of | 2599 |
individual staff members and the county of residence for a | 2600 |
student. Nothing in this section prohibits the state board of | 2601 |
education or department of education from providing a student's | 2602 |
county of residence to the department of taxation to facilitate | 2603 |
the distribution of tax revenue. | 2604 |
(E) The guidelines adopted under this section may require | 2632 |
school districts to collect and report data, information, or | 2633 |
reports other than that described in divisions (A), (B), and (C) | 2634 |
of this section for the purpose of complying with other reporting | 2635 |
requirements established in the Revised Code. The other data, | 2636 |
information, or reports may be maintained in the education | 2637 |
management information system but are not required to be compiled | 2638 |
as part of the profile formats required under division (G) of this | 2639 |
section or the annual statewide report required under division (H) | 2640 |
of this section. | 2641 |
(3) Copies of the reports received from the state board under | 2674 |
divisions (H)(1) and (2) of this section shall be made available | 2675 |
to the general public at each school district's offices. Each | 2676 |
district board of education shall make copies of each report | 2677 |
available to any person upon request and payment of a reasonable | 2678 |
fee for the cost of reproducing the report. The board shall | 2679 |
annually publish in a newspaper of general circulation in the | 2680 |
school district, at least twice during the two weeks prior to the | 2681 |
week in which the reports will first be available, a notice | 2682 |
containing the address where the reports are available and the | 2683 |
date on which the reports will be available. | 2684 |
(4) If any action taken under division (L)(2) of this section | 2766 |
resolves a school district's data reporting problems to the | 2767 |
department's satisfaction, the department shall not take any | 2768 |
further actions described by that division. If the department | 2769 |
withheld funds from the district under that division, the | 2770 |
department may release those funds to the district, except that if | 2771 |
the department withheld funding under division (L)(2)(c) of this | 2772 |
section, the department shall not release the funds withheld under | 2773 |
division (L)(2)(b) of this section and, if the department withheld | 2774 |
funding under division (L)(2)(d) of this section, the department | 2775 |
shall not release the funds withheld under division (L)(2)(b) or | 2776 |
(c) of this section. | 2777 |
(5) Notwithstanding anything in this section to the contrary, | 2778 |
the department may use its own staff or an outside entity to | 2779 |
conduct an audit of a school district's data reporting practices | 2780 |
any time the department has reason to believe the district has not | 2781 |
made a good faith effort to report data as required by this | 2782 |
section. If any audit conducted by an outside entity under | 2783 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 2784 |
district has not made a good faith effort to report data as | 2785 |
required by this section, the district shall reimburse the | 2786 |
department for the full cost of the audit. The department may | 2787 |
withhold state funds due to the district for this purpose. | 2788 |
(6) Prior to issuing a revised report card for a school | 2789 |
district under division (L)(2)(d)(viii) of this section, the | 2790 |
department may hold a hearing to provide the district with an | 2791 |
opportunity to demonstrate that it made a good faith effort to | 2792 |
report data as required by this section. The hearing shall be | 2793 |
conducted by a referee appointed by the department. Based on the | 2794 |
information provided in the hearing, the referee shall recommend | 2795 |
whether the department should issue a revised report card for the | 2796 |
district. If the referee affirms the department's contention that | 2797 |
the district did not make a good faith effort to report data as | 2798 |
required by this section, the district shall bear the full cost of | 2799 |
conducting the hearing and of issuing any revised report card. | 2800 |
The pari-mutuel method of wagering upon the live racing | 2849 |
programs and simulcast racing programs held at or conducted within | 2850 |
such race track, and at the time of such horse-racing meeting, or | 2851 |
at other times authorized by the state racing commission, shall | 2852 |
not be unlawful. No other place, except that provided and | 2853 |
designated by the permit holder and except as provided in section | 2854 |
3769.26 of the Revised Code, nor any other method or system of | 2855 |
betting or wagering, except the pari-mutuel system, shall be used | 2856 |
or permitted by the permit holder; nor, except as provided in | 2857 |
section 3769.089 or 3769.26 of the Revised Code, shall the | 2858 |
pari-mutuel system of wagering be conducted by the permit holder | 2859 |
on any races except the races at the race track, grounds, or | 2860 |
enclosure for which the person holds a permit. Each permit holder | 2861 |
may retain as a commission an amount not to exceed eighteen per | 2862 |
cent of the total of all moneys wagered. | 2863 |
(B) At the close of each racing day, each permit holder | 2866 |
authorized to conduct thoroughbred racing, out of the amount | 2867 |
retained on that day by the permit holder, shall pay by check, | 2868 |
draft, or money order to the tax commissioner, as a tax, a sum | 2869 |
equal to the following percentages of the total of all moneys | 2870 |
wagered on live racing programs on that day and shall separately | 2871 |
compute and pay by check, draft, or money order to the tax | 2872 |
commissioner, as a tax, a sum equal to the following percentages | 2873 |
of the total of all money wagered on simulcast racing programs on | 2874 |
that day: | 2875 |
Subject to division (M)(L) of this section, from the moneys | 2891 |
paid to the tax commissioner by thoroughbred racing permit | 2892 |
holders, one-half of one per cent of the total of all moneys so | 2893 |
wagered on a racing day shall be paid into the Ohio fairs fund | 2894 |
created by section 3769.082 of the Revised Code, and one and | 2895 |
one-eighththree-eighths per cent of the total of all moneys so | 2896 |
wagered on a racing day shall be paid into the Ohio thoroughbred | 2897 |
race fund created by section 3769.083 of the Revised Code, and | 2898 |
one-quarter of one per cent of the total of all moneys wagered on | 2899 |
a racing day by each permit holder shall be paid into the state | 2900 |
racing commission operating fund created by section 3769.03 of the | 2901 |
Revised Code. The required payment to the state racing commission | 2902 |
operating fund does not apply to county and independent fairs and | 2903 |
agricultural societiesto each municipal corporation or township | 2904 |
in which a race track is located. The remaining moneys may be | 2905 |
retained by the permit holder, except as provided in this section | 2906 |
with respect to the odd cents redistribution. Amounts paid into | 2907 |
the nursing home franchise permit fee fund pursuant to this | 2908 |
section and section 3769.26 of the Revised Code shall be used | 2909 |
solely for the support of the PASSPORT program as determined in | 2910 |
appropriations made by the general assembly. If the PASSPORT | 2911 |
program is abolished, the amount that would have been paid to the | 2912 |
nursing home franchise permit fee fund under this chapter shall be | 2913 |
paid to the general revenue fund of the state. As used in this | 2914 |
chapter, "PASSPORT program" means the PASSPORT program created | 2915 |
under section 173.40 of the Revised Code. | 2916 |
A permit holder may contract with a thoroughbred horsemen's | 2928 |
organization for the organization to act as a representative of | 2929 |
all thoroughbred owners and trainers participating in a | 2930 |
horse-racing meeting conducted by the permit holder. A | 2931 |
"thoroughbred horsemen's organization" is any corporation or | 2932 |
association that represents, through membership or otherwise, more | 2933 |
than one-half of the aggregate of all thoroughbred owners and | 2934 |
trainers who were licensed and actively participated in racing | 2935 |
within this state during the preceding calendar year. Except as | 2936 |
otherwise provided in this paragraph, any moneys received by a | 2937 |
thoroughbred horsemen's organization shall be used exclusively for | 2938 |
the benefit of thoroughbred owners and trainers racing in this | 2939 |
state through the administrative purposes of the organization, | 2940 |
benevolent activities on behalf of the horsemen, promotion of the | 2941 |
horsemen's rights and interests, and promotion of equine research. | 2942 |
A thoroughbred horsemen's organization may expend not more than an | 2943 |
aggregate of five per cent of its annual gross receipts, or a | 2944 |
larger amount as approved by the organization, for dues, | 2945 |
assessments, and other payments to all other local, national, or | 2946 |
international organizations having as their primary purposes the | 2947 |
promotion of thoroughbred horse racing, thoroughbred horsemen's | 2948 |
rights, and equine research. | 2949 |
(C) Except as otherwise provided in division (B) of this | 2950 |
section, at the close of each racing day, each permit holder | 2951 |
authorized to conduct harness or quarter horse racing, out of the | 2952 |
amount retained that day by the permit holder, shall pay by check, | 2953 |
draft, or money order to the tax commissioner, as a tax, a sum | 2954 |
equal to the following percentages of the total of all moneys | 2955 |
wagered on live racing programs and shall separately compute and | 2956 |
pay by check, draft, or money order to the tax commissioner, as a | 2957 |
tax, a sum equal to the following percentages of the total of all | 2958 |
money wagered on simulcast racing programs on that day: | 2959 |
Except as otherwise provided in division (B) and subject to | 2968 |
division (M)(L) of this section, from the moneys paid to the tax | 2969 |
commissioner by permit holders authorized to conduct harness or | 2970 |
quarter horse racing, one-half of one per cent of all moneys | 2971 |
wagered on that racing day shall be paid into the Ohio fairs fund; | 2972 |
from the moneys paid to the tax commissioner by permit holders | 2973 |
authorized to conduct harness racing, five-eighths of one and | 2974 |
three-eighths per cent of all moneys wagered on that racing day | 2975 |
shall be paid into the Ohio standardbred development fundto each | 2976 |
municipal corporation or township in which a race track is | 2977 |
located; and from the moneys paid to the tax commissioner by | 2978 |
permit holders authorized to conduct quarter horse racing, | 2979 |
five-eighths of one per cent of all moneys wagered on that racing | 2980 |
day shall be paid into the Ohio quarter horse development fund. | 2981 |
(D) In addition, subject to division (M) of this section, | 2982 |
beginning on January 1, 1996, from the money paid to the tax | 2983 |
commissioner as a tax under this section and division (A) of | 2984 |
section 3769.087 of the Revised Code by harness horse permit | 2985 |
holders, one-half of one per cent of the amount wagered on a | 2986 |
racing day shall be paid into the Ohio standardbred development | 2987 |
fund. Beginning January 1, 1998, the payment to the Ohio | 2988 |
standardbred development fund required under this division does | 2989 |
not apply to county agricultural societies or independent | 2990 |
agricultural societies.The | 2991 |
The total amount paid to the Ohio standardbred development | 2992 |
fund under this division, division (C) of this section, and | 2993 |
division (A) of section 3769.087 of the Revised Code and the total | 2994 |
amount paid to the Ohio quarter horse development fund under this | 2995 |
division (C) of this section and division (A) of that section | 2996 |
shall not exceed by more than six per cent the total amount paid | 2997 |
into the fund under this division, division (C) of this section, | 2998 |
and division (A) of section 3769.087 of the Revised Code in the | 2999 |
immediately preceding calendar year. | 3000 |
Forty per cent of that portion of that total sum of such odd | 3019 |
cents shall be used by the permit holder for purse money for Ohio | 3020 |
sired, bred, and owned colts, for purse money for Ohio bred | 3021 |
horses, and for increased purse money for horse races. Upon the | 3022 |
formation of the corporation described in section 3769.21 of the | 3023 |
Revised Code to establish a harness horsemen's health and | 3024 |
retirement fund, twenty-five per cent of that portion of that | 3025 |
total sum of odd cents shall be paid at the close of each racing | 3026 |
day by the permit holder to that corporation to establish and fund | 3027 |
the health and retirement fund. Until that corporation is formed, | 3028 |
that twenty-five per cent shall be paid at the close of each | 3029 |
racing day by the permit holder to the tax commissioner or the tax | 3030 |
commissioner's agent in the county seat of the county in which the | 3031 |
permit holder operates race meetings. The remaining thirty-five | 3032 |
per cent of that portion of that total sum of odd cents shall be | 3033 |
retained by the permit holder. | 3034 |
(H)(G) In addition, each permit holder authorized to conduct | 3035 |
thoroughbred racing shall be allowed to retain the odd cents of | 3036 |
all redistribution to be made on all mutuel contributions | 3037 |
exceeding a sum equal to the next lowest multiple of ten. Twenty | 3038 |
per cent of that portion of that total sum of such odd cents shall | 3039 |
be used by the permit holder for increased purse money for horse | 3040 |
races. Upon the formation of the corporation described in section | 3041 |
3769.21 of the Revised Code to establish a thoroughbred horsemen's | 3042 |
health and retirement fund, forty-five per cent of that portion of | 3043 |
that total sum of odd cents shall be paid at the close of each | 3044 |
racing day by the permit holder to that corporation to establish | 3045 |
and fund the health and retirement fund. Until that corporation is | 3046 |
formed, that forty-five per cent shall be paid by the permit | 3047 |
holder to the tax commissioner or the tax commissioner's agent in | 3048 |
the county seat of the county in which the permit holder operates | 3049 |
race meetings, at the close of each racing day. The remaining | 3050 |
thirty-five per cent of that portion of that total sum of odd | 3051 |
cents shall be retained by the permit holder. | 3052 |
(I)(H) In addition, each permit holder authorized to conduct | 3053 |
quarter horse racing shall be allowed to retain the odd cents of | 3054 |
all redistribution to be made on all mutuel contributions | 3055 |
exceeding a sum equal to the next lowest multiple of ten, subject | 3056 |
to a tax of twenty-five per cent on that portion of the total sum | 3057 |
of such odd cents that is in excess of two thousand dollars during | 3058 |
a calendar year, which tax shall be paid at the close of each | 3059 |
racing day by the permit holder to the tax commissioner or the tax | 3060 |
commissioner's agent in the county seat of the county within which | 3061 |
the permit holder operates race meetings. Forty per cent of that | 3062 |
portion of that total sum of such odd cents shall be used by the | 3063 |
permit holder for increased purse money for horse races. The | 3064 |
remaining thirty-five per cent of that portion of that total sum | 3065 |
of odd cents shall be retained by the permit holder. | 3066 |
(J)(I)(1) To encourage the improvement of racing facilities | 3067 |
for the benefit of the public, breeders, and horse owners, and to | 3068 |
increase the revenue to the state from the increase in pari-mutuel | 3069 |
wagering resulting from those improvements, the taxes paid by a | 3070 |
permit holder to the state as provided for in this chapter shall | 3071 |
be reduced by three-fourths of one per cent of the total amount | 3072 |
wagered for those permit holders who make capital improvements to | 3073 |
existing race tracks or construct new race tracks. The percentage | 3074 |
of the reduction that may be taken each racing day shall equal | 3075 |
seventy-five per cent of the taxes levied under divisions (B) and | 3076 |
(C) of this section and section 3769.087 of the Revised Code, and | 3077 |
division (F)(2) of section 3769.26 of the Revised Code, as | 3078 |
applicable, divided by the calculated amount each fund should | 3079 |
receive under divisions (B) and (C) of this section and section | 3080 |
3769.087 of the Revised Code, and division (F)(2) of section | 3081 |
3769.26 of the Revised Code and the reduction provided for in this | 3082 |
division. If the resulting percentage is less than one, that | 3083 |
percentage shall be multiplied by the amount of the reduction | 3084 |
provided for in this division. Otherwise, the permit holder shall | 3085 |
receive the full reduction provided for in this division. The | 3086 |
amount of the allowable reduction not received shall be carried | 3087 |
forward and applied against future tax liability. After any | 3088 |
reductions expire, any reduction carried forward shall be treated | 3089 |
as a reduction as provided for in this division. | 3090 |
A reduction for a new race track or a capital improvement | 3097 |
shall start from the day racing is first conducted following the | 3098 |
date actual construction of the new race track or each capital | 3099 |
improvement is completed and the construction cost has been | 3100 |
approved by the racing commission, unless otherwise provided in | 3101 |
this section. A reduction for a new race track or a capital | 3102 |
improvement shall continue for a period of twenty-five years for | 3103 |
new race tracks and for fifteen years for capital improvements if | 3104 |
the construction of the capital improvement or new race track | 3105 |
commenced prior to March 29, 1988, and for a period of ten years | 3106 |
for new race tracks or capital improvements if the construction of | 3107 |
the capital improvement or new race track commenced on or after | 3108 |
March 29, 1988, but before June 6, 2001, or until the total tax | 3109 |
reduction reaches seventy per cent of the approved cost of the new | 3110 |
race track or capital improvement, as allocated to each permit | 3111 |
holder, whichever occurs first. A reduction for a new race track | 3112 |
or a capital improvement approved after June 6, 2001, shall | 3113 |
continue until the total tax reduction reaches one hundred per | 3114 |
cent of the approved cost of the new race track or capital | 3115 |
improvement, as allocated to each permit holder. | 3116 |
A reduction granted for a new race track or a capital | 3117 |
improvement, the application for which was approved by the racing | 3118 |
commission after March 29, 1988, but before June 6, 2001, shall | 3119 |
not commence nor shall the ten-year period begin to run until all | 3120 |
prior tax reductions with respect to the same race track have | 3121 |
ended. The total tax reduction because of capital improvements | 3122 |
shall not during any one year exceed for all permit holders using | 3123 |
any one track three-fourths of one per cent of the total amount | 3124 |
wagered, regardless of the number of capital improvements made. | 3125 |
Several capital improvements to a race track may be consolidated | 3126 |
in an application if the racing commission approved the | 3127 |
application prior to March 29, 1988. No permit holder may receive | 3128 |
a tax reduction for a capital improvement approved by the racing | 3129 |
commission on or after March 29, 1988, at a race track until all | 3130 |
tax reductions have ended for all prior capital improvements | 3131 |
approved by the racing commission under this section or section | 3132 |
3769.20 of the Revised Code at that race track. If there are two | 3133 |
or more permit holders operating meetings at the same track, they | 3134 |
may consolidate their applications. The racing commission shall | 3135 |
notify the tax commissioner when the reduction of tax begins and | 3136 |
when it ends. | 3137 |
Each fiscal year the racing commission shall submit a report | 3138 |
to the tax commissioner, the office of budget and management, and | 3139 |
the legislative service commission. The report shall identify each | 3140 |
capital improvement project undertaken under this division and in | 3141 |
progress at each race track, indicate the total cost of each | 3142 |
project, state the tax reduction that resulted from each project | 3143 |
during the immediately preceding fiscal year, estimate the tax | 3144 |
reduction that will result from each project during the current | 3145 |
fiscal year, state the total tax reduction that resulted from all | 3146 |
such projects at all race tracks during the immediately preceding | 3147 |
fiscal year, and estimate the total tax reduction that will result | 3148 |
from all such projects at all race tracks during the current | 3149 |
fiscal year. | 3150 |
(2) In order to qualify for the reduction in tax, a permit | 3151 |
holder shall apply to the racing commission in such form as the | 3152 |
commission may require and shall provide full details of the new | 3153 |
race track or capital improvement, including a schedule for its | 3154 |
construction and completion, and set forth the costs and expenses | 3155 |
incurred in connection with it. The racing commission shall not | 3156 |
approve an application unless the permit holder shows that a | 3157 |
contract for the new race track or capital improvement has been | 3158 |
let under an unrestricted competitive bidding procedure, unless | 3159 |
the contract is exempted by the controlling board because of its | 3160 |
unusual nature. In determining whether to approve an application, | 3161 |
the racing commission shall consider whether the new race track or | 3162 |
capital improvement will promote the safety, convenience, and | 3163 |
comfort of the racing public and horse owners and generally tend | 3164 |
towards the improvement of racing in this state. | 3165 |
(3) If a new race track or capital improvement is approved by | 3166 |
the racing commission and construction has started, the tax | 3167 |
reduction may be authorized by the commission upon presentation of | 3168 |
copies of paid bills in excess of one hundred thousand dollars or | 3169 |
ten per cent of the approved cost, whichever is greater. After the | 3170 |
initial authorization, the permit holder shall present copies of | 3171 |
paid bills. If the permit holder is in substantial compliance with | 3172 |
the schedule for construction and completion of the new race track | 3173 |
or capital improvement, the racing commission may authorize the | 3174 |
continuation of the tax reduction upon the presentation of the | 3175 |
additional paid bills. The total amount of the tax reduction | 3176 |
authorized shall not exceed the percentage of the approved cost of | 3177 |
the new race track or capital improvement specified in division | 3178 |
(J)(I)(1) of this section. The racing commission may terminate any | 3179 |
tax reduction immediately if a permit holder fails to complete the | 3180 |
new race track or capital improvement, or to substantially comply | 3181 |
with the schedule for construction and completion of the new race | 3182 |
track or capital improvement. If a permit holder fails to complete | 3183 |
a new race track or capital improvement, the racing commission | 3184 |
shall order the permit holder to repay to the state the total | 3185 |
amount of tax reduced. The normal tax paid by the permit holder | 3186 |
shall be increased by three-fourths of one per cent of the total | 3187 |
amount wagered until the total amount of the additional tax | 3188 |
collected equals the total amount of tax reduced. | 3189 |
(a) "Capital improvement" means an addition, replacement, or | 3191 |
remodeling of a structural unit of a race track facility costing | 3192 |
at least one hundred thousand dollars, including, but not limited | 3193 |
to, the construction of barns used exclusively for the race track | 3194 |
facility, backstretch facilities for horsemen, paddock facilities, | 3195 |
new pari-mutuel and totalizator equipment and appurtenances to | 3196 |
that equipment purchased by the track, new access roads, new | 3197 |
parking areas, the complete reconstruction, reshaping, and | 3198 |
leveling of the racing surface and appurtenances, the installation | 3199 |
of permanent new heating or air conditioning, roof replacement or | 3200 |
restoration, installations of a permanent nature forming a part of | 3201 |
the track structure, and construction of buildings that are | 3202 |
located on a permit holder's premises. "Capital improvement" does | 3203 |
not include the cost of replacement of equipment that is not | 3204 |
permanently installed, ordinary repairs, painting, and maintenance | 3205 |
required to keep a race track facility in ordinary operating | 3206 |
condition. | 3207 |
(K)(J) No other license or excise tax or fee, except as | 3231 |
provided in sections 3769.01 to 3769.14 of the Revised Code, shall | 3232 |
be assessed or collected from such licensee by any county, | 3233 |
township, district, municipal corporation, or other body having | 3234 |
power to assess or collect a tax or fee. That portion of the tax | 3235 |
paid under this section by permit holders for racing conducted at | 3236 |
and during the course of an agricultural exposition or fair, and | 3237 |
that portion of the tax that would have been paid by eligible | 3238 |
permit holders into the nursing home franchise permit fee fund as | 3239 |
a result of racing conducted at and during the course of an | 3240 |
agricultural exposition or fair, shall be deposited into the state | 3241 |
treasury to the credit of the horse racing tax fund, which is | 3242 |
hereby created for the use of the agricultural societies of the | 3243 |
several counties in which the taxes originate. The state racing | 3244 |
commission shall determine eligible permit holders for purposes of | 3245 |
the preceding sentence, taking into account the breed of horse, | 3246 |
the racing dates, the geographic proximity to the fair, and the | 3247 |
best interests of Ohio racing. On the first day of any month on | 3248 |
which there is money in the fund, the tax commissioner shall | 3249 |
provide for payment to the treasurer of each agricultural society | 3250 |
the amount of the taxes collected under this section upon racing | 3251 |
conducted at and during the course of any exposition or fair | 3252 |
conducted by the society. | 3253 |
(L)(K) From the tax paid under this section by harness track | 3254 |
permit holders, the tax commissioner shall pay into the Ohio | 3255 |
thoroughbred race fund a sum equal to a percentage of the amount | 3256 |
wagered upon which the tax is paid. The percentage shall be | 3257 |
determined by the tax commissioner and shall be rounded to the | 3258 |
nearest one-hundredth. The percentage shall be such that, when | 3259 |
multiplied by the amount wagered upon which tax was paid by the | 3260 |
harness track permit holders in the most recent year for which | 3261 |
final figures are available, it results in a sum that | 3262 |
substantially equals the same amount of tax paid by the tax | 3263 |
commissioner during that year into the Ohio fairs fund from taxes | 3264 |
paid by thoroughbred permit holders. This division does not apply | 3265 |
to county and independent fairs and agricultural societies. | 3266 |
(M)(L) Twenty-five per cent of the taxes levied on | 3267 |
thoroughbred racing permit holders, harness racing permit holders, | 3268 |
and quarter horse racing permit holders under this section, | 3269 |
division (A) of section 3769.087 of the Revised Code, and division | 3270 |
(F)(2) of section 3769.26 of the Revised Code shall be paid into | 3271 |
the nursing home franchise permit fee fund. The tax commissioner | 3272 |
shall pay any money remaining, after the payment into the nursing | 3273 |
home franchise permit fee fund and the reductions provided for in | 3274 |
division (J)(I) of this section and in section 3769.20 of the | 3275 |
Revised Code, into the Ohio fairs fund, Ohio thoroughbred race | 3276 |
fund, Ohio standardbred development fund, Ohio quarter horse fund, | 3277 |
and state racing commission operating fund as prescribed in this | 3278 |
section and division (A) of section 3769.087 of the Revised Code. | 3279 |
The tax commissioner shall thereafter use and apply the balance of | 3280 |
the money paid as a tax by any permit holder to cover any shortage | 3281 |
in the accounts of such funds resulting from an insufficient | 3282 |
payment as a tax by any other permit holder. The moneys received | 3283 |
by the tax commissioner shall be deposited weekly and paid by the | 3284 |
tax commissioner into the funds to cover the total aggregate | 3285 |
amount due from all permit holders to the funds, as calculated | 3286 |
under this section and division (A) of section 3769.087 of the | 3287 |
Revised Code, as applicable. If, after the payment into the | 3288 |
nursing home franchise permit fee fund, sufficient funds are not | 3289 |
available from the tax deposited by the tax commissioner to pay | 3290 |
the required amounts into the Ohio fairs fund, Ohio standardbred | 3291 |
development fund, Ohio thoroughbred race fund, Ohio quarter horse | 3292 |
fund, and the state racing commission operating fund, the tax | 3293 |
commissioner shall prorate on a proportional basis the amount paid | 3294 |
to each of the funds. Any shortage to the funds as a result of a | 3295 |
proration shall be applied against future deposits for the same | 3296 |
calendar year when funds are available. After this application, | 3297 |
the tax commissioner shall pay any remaining money paid as a tax | 3298 |
by all permit holders into the nursing home franchise permit fee | 3299 |
fund. This division does not apply to permit holders conducting | 3300 |
racing at the course of an agricultural exposition or fair as | 3301 |
described in division (K)(J) of this section. | 3302 |
Sec. 3769.087. (A) In addition to the commission of eighteen | 3303 |
per cent retained by each permit holder as provided in section | 3304 |
3769.08 of the Revised Code, each permit holder shall retain an | 3305 |
additional amount equal to four per cent of the total of all | 3306 |
moneys wagered on each racing day on all wagering pools other than | 3307 |
win, place, and show, of which amount retained an amount equal to | 3308 |
three per cent of the total of all moneys wagered on each racing | 3309 |
day on those pools shall be paid by check, draft, or money order | 3310 |
to the tax commissioner, as a tax. Subject to the restrictions | 3311 |
contained in divisions (B), (C), and (M)(L) of section 3769.08 of | 3312 |
the Revised Code, from such additional moneys paid to the tax | 3313 |
commissioner: | 3314 |
(B) In addition to the commission of eighteen per cent | 3340 |
retained by each permit holder as provided in section 3769.08 of | 3341 |
the Revised Code and the additional amount retained by each permit | 3342 |
holder as provided in division (A) of this section, each permit | 3343 |
holder shall retain an additional amount equal to one-half of one | 3344 |
per cent of the total of all moneys wagered on each racing day on | 3345 |
all wagering pools other than win, place, and show. The additional | 3346 |
amount retained under this division shall be paid by check, draft, | 3347 |
or money order to the tax commissioner, as a tax. The tax | 3348 |
commissioner shall pay the amount of the tax received under this | 3349 |
division to the state racing commission operating fund created by | 3350 |
section 3769.03 of the Revised Code. | 3351 |
(C) Each permit holder authorized by the state lottery | 3352 |
commission to conduct video lottery terminal gaming shall receive | 3353 |
a commission of video lottery terminal income as set forth in rule | 3354 |
3770:2-3-08 of the Administrative Code. A percentage of that | 3355 |
commission may be paid to the state racing commission for the | 3356 |
benefit of breeding and racing in this state. If so paid, the | 3357 |
percentage paid to the state racing commission shall be based on | 3358 |
rules promulgated by the state racing commission. In addition, the | 3359 |
permit holder shall deposit into the problem casino gambling and | 3360 |
addictions fund one per cent of that commission. | 3361 |
(3) "Live racing program" means a racing program consisting | 3373 |
of no fewer than seven live horse races at thoroughbred tracks and | 3374 |
nine live races at standardbred tracks and additional horse races | 3375 |
simulcast from other facilities located either inside or outside | 3376 |
this state, in which not more than two horse races on which | 3377 |
pari-mutuel wagering is conducted are simulcast from facilities | 3378 |
located outside this state. If only one racing meeting of a | 3379 |
particular breed of horse is being held, no fewer than nine live | 3380 |
horse races shall be held on a live racing day. If, during the | 3381 |
course of a racing meeting at a standardbred track, the racing | 3382 |
secretary of the permit holder determines that there is an | 3383 |
insufficient number of entries to have a full field of eight | 3384 |
horses for each of nine races on a live racing program, then the | 3385 |
racing secretary of the permit holder, after consultation with the | 3386 |
Ohio harness horsemens association, may reduce the number of live | 3387 |
races on that live racing program
from nine to either eight or | 3388 |
seven, as the racing secretary may determine. The racing secretary | 3389 |
shall not reduce the live racing program to less than seven live | 3390 |
races. If during the course of a meeting at a thoroughbred track, | 3391 |
the racing secretary of a permit holder determines that there is | 3392 |
an insufficient number of entries to have a full field of eight | 3393 |
horses for each of nine races on a live racing program, then the | 3394 |
racing secretary of the permit holder, with the consent of the | 3395 |
thoroughbred horsemens association, may reduce the number of live | 3396 |
races on that live racing program from nine to either eight or | 3397 |
seven, as the racing secretary may determine. The racing secretary | 3398 |
shall not reduce the live racing program to less than seven live | 3399 |
races. No more than seventeen races on which pari-mutuel wagering | 3400 |
is conducted, including both live races and races simulcast from | 3401 |
other facilities located either inside or outside this state, | 3402 |
shall be part of a live racing program. | 3403 |
(9) "Special racing event" means individual races in live | 3425 |
racing programs or simulcast racing programs, and simulcast racing | 3426 |
programs on special event days under division (C) of this section, | 3427 |
conducted at facilities located outside this state for which the | 3428 |
track, racing association, or state regulatory agency conducting | 3429 |
such races charges a simulcast host a fee for the privilege of | 3430 |
receiving a simulcast of such races into this state that is higher | 3431 |
than the customary and regular fee charged for simulcast races | 3432 |
because of the status or popularity of such races. | 3433 |
(B)(1) The state racing commission shall, upon request by any | 3434 |
permit holder, permit electronically televised simulcasts of horse | 3435 |
races at the permit holder's track or enclosure on racing days | 3436 |
authorized by the permit holder's permit. Except as provided in | 3437 |
division (B) of this section, the commission shall not permit the | 3438 |
simulcast of any simulcast racing program conducted at tracks or | 3439 |
facilities located outside this state unless the out-of-state | 3440 |
simulcast racing program is available to all permit holders, | 3441 |
whether serving as simulcast hosts or simulcast guests, and all | 3442 |
satellite facilities, in this state open and operating on that | 3443 |
day. A permit holder or satellite facility may inform the | 3444 |
commission that it waives the right to receive the simulcast of a | 3445 |
simulcast racing program or a race in a simulcast racing program | 3446 |
on that day and in this event the simulcast racing program or | 3447 |
simulcast race shall be available to all other simulcast hosts, | 3448 |
simulcast guests, and satellite facilities open and operating in | 3449 |
this state on that day. | 3450 |
In order for a permit holder to offer simulcasts of horse | 3451 |
races conducted at facilities located outside this state, the | 3452 |
permit holder shall have conducted live racing programs during the | 3453 |
immediately preceding calendar year on a number of days that is | 3454 |
not less than the number of regular live racing days it conducted | 3455 |
in calendar year 1991, not including additional racing days | 3456 |
conducted in calendar year 1991 by the permit holder at a | 3457 |
winterized facility under a permit issued under section 3769.07 of | 3458 |
the Revised Code, as certified by the commission. In satisfying | 3459 |
the foregoing requirement for live racing days during the | 3460 |
immediately preceding calendar year, a permit holder may include | 3461 |
the number of days on which live racing programs were conducted | 3462 |
under a permit issued under section 3769.07 of the Revised Code | 3463 |
for additional racing days at a winterized facility. In addition, | 3464 |
in order for a permit holder to offer simulcasts of horse races | 3465 |
conducted at facilities located outside this state, the permit | 3466 |
holder shall offer all simulcasts of horse races conducted in this | 3467 |
state made available to it. | 3468 |
In order for a permit holder to offer simulcasts of races | 3469 |
conducted at race tracks located outside this state at the same | 3470 |
time and during the hours in which the live races of a live racing | 3471 |
program are being conducted at its track, a permit holder | 3472 |
conducting a thoroughbred live racing program shall obtain the | 3473 |
consent of the thoroughbred horsemens association and a permit | 3474 |
holder conducting a harness live racing program shall obtain the | 3475 |
consent of the Ohio harness horsemens association. The consent of | 3476 |
the horsemen's organization shall not be unreasonably withheld, | 3477 |
and shall be consistent with the interest of preserving live | 3478 |
racing in this state. If a horsemen's organization withholds its | 3479 |
consent, the permit holder may file an objection with the | 3480 |
commission, which shall promptly consider the objection and | 3481 |
determine whether the horsemen's organization's action in | 3482 |
withholding consent is without substantial merit and, if the | 3483 |
commission so determines, shall authorize the permit holder to | 3484 |
simulcast the simulcast racing programs. The determination of the | 3485 |
commission is final. A permit holder, as a simulcast host, may | 3486 |
offer simulcast racing programs at its track or enclosure of races | 3487 |
conducted at tracks and facilities located outside this state | 3488 |
prior to the commencement of, and following the conclusion of, its | 3489 |
live races without obtaining the consent of a horsemen's | 3490 |
organization under this division. | 3491 |
(5) The commission may make exception to the required minimum | 3524 |
number of live racing days or simulcast racing program days in | 3525 |
instances of natural disaster or other unexpected circumstances as | 3526 |
defined by the commission, in its sole discretion. For any | 3527 |
calendar year, the horsemen's association at each track may | 3528 |
negotiate an agreement with the permit holder for that track to | 3529 |
reduce the number of live racing days at that track to less than | 3530 |
the minimum live racing days required by division (B)(2)(a), (b), | 3531 |
or (c) of this section, as applicable, or to increase the number | 3532 |
of live racing days at that track to a number that is greater than | 3533 |
the maximum live racing days permitted by division (B)(2)(c) of | 3534 |
this section, subject to the approval of the commission. These | 3535 |
negotiations shall not reduce the number of live racing days to | 3536 |
less than fifty days per calendar year. | 3537 |
(7) Notwithstanding any other provision related to simulcast | 3543 |
racing programs, in order for a permit holder to offer simulcast | 3544 |
racing programs of races conducted at tracks located outside this | 3545 |
state at the same time and during the hours in which the live | 3546 |
races of a live racing program are being conducted at its track, a | 3547 |
permit holder conducting a thoroughbred live racing program shall | 3548 |
obtain the consent of the thoroughbred horsemen's association and | 3549 |
a permit holder conducting a harness live racing program shall | 3550 |
obtain the consent of the Ohio harness horsemen's association. The | 3551 |
consent of the applicable horsemen's association shall be | 3552 |
consistent with the interest of preserving live racing in this | 3553 |
state. A permit holder, as a simulcast host, may offer simulcast | 3554 |
racing programs at its track or enclosure of races conducted at | 3555 |
tracks and facilities located outside this state before the | 3556 |
commencement of, and following the conclusion of, its live races | 3557 |
without obtaining the consent of a horsemen's association under | 3558 |
this division. | 3559 |
(C) The commission shall allocate to each track one racing | 3560 |
day for each permit holder during each calendar year for the | 3561 |
conduct of a live racing program on which a permit holder may | 3562 |
conduct as few as one live horse race, with the remainder of the | 3563 |
horse races on that racing day on which pari-mutuel wagering is | 3564 |
conducted as part of the live racing program being simulcast from | 3565 |
other tracks and facilities located either inside or outside this | 3566 |
state. In addition, the commission may allocate to each permit | 3567 |
holder racing days on which it may as part of a live racing | 3568 |
program simulcast more than two horse races from facilities | 3569 |
located outside this state if the horse races involve a national | 3570 |
wagering pool and pari-mutuel wagering is conducted on the | 3571 |
national wagering pool, but on such a racing day there shall in no | 3572 |
event be more than two horse races simulcast from facilities | 3573 |
located outside this state included in a live racing program on | 3574 |
which separate pari-mutuel wagering is conducted. As used in this | 3575 |
division, "national wagering pool" means an interstate or | 3576 |
intrastate common pari-mutuel wagering pool involving two or more | 3577 |
selections covering two or more horse races conducted at tracks | 3578 |
located inside or outside this state. | 3579 |
In emergency situations, the commission may authorize a live | 3580 |
racing day at a track in which all horse races on that racing day | 3581 |
on which pari-mutuel wagering is conducted are simulcast from | 3582 |
tracks and facilities located either inside or outside this state | 3583 |
with the consent of the thoroughbred horsemens association for a | 3584 |
track conducting a thoroughbred live racing program and with the | 3585 |
consent of the Ohio harness horsemens association for a track | 3586 |
conducting a harness live racing program. If a horsemen's | 3587 |
organization withholds its consent, the permit holder may file an | 3588 |
objection with the commission, which shall promptly consider the | 3589 |
objection and determine whether the horsemen's organization's | 3590 |
action in withholding consent is without substantial merit and, if | 3591 |
the commission so determines, shall authorize the permit holder to | 3592 |
simulcast the simulcast racing programs. The determination of the | 3593 |
commission is final. | 3594 |
(D) On any day that a racing day has been applied for at any | 3595 |
track in this state, each track in this state may operate as | 3596 |
either a simulcast host or a simulcast guest and may conduct, with | 3597 |
the approval of the state racing commission, pari-mutuel wagering | 3598 |
on all simulcasts of races conducted inside this state made | 3599 |
available to it plus all simulcasts of races conducted at | 3600 |
facilities located outside this state as determined by the | 3601 |
simulcast hosts. Except as otherwise provided in this section, any | 3602 |
simulcast host or simulcast guest may receive and conduct | 3603 |
simulcast racing programs that feature any breed of horse at any | 3604 |
time of day, as authorized by the commission. Those persons | 3605 |
holding state fair, county fair, or other fair permits shall not | 3606 |
receive a simulcast racing program on which pari-mutuel wagering | 3607 |
is conducted, except that a holder of a permit issued under | 3608 |
section 3769.07 of the Revised Code that has been authorized by | 3609 |
the commission to conduct races of the state fair, a county fair, | 3610 |
or other fair at a commercial track may receive and conduct | 3611 |
simulcast racing programs as a simulcast host or simulcast guest | 3612 |
at the same time in conjunction with the live racing program of | 3613 |
the state fair, county fair, or other fair permit holder conducted | 3614 |
at its track. | 3615 |
The simulcast hosts, with the approval of the state racing | 3616 |
commission, shall determine which simulcast racing programs | 3617 |
offered by race tracks located outside this state will be | 3618 |
simulcast at their tracks and at all simulcast hosts, simulcast | 3619 |
guests, and satellite facilities in this state that are open and | 3620 |
operating during the hours that the simulcast hosts are operating. | 3621 |
Simulcast guests and satellite facilities shall receive all | 3622 |
approved simulcast racing programs offered by simulcast hosts. In | 3623 |
addition, a simulcast host and simulcast guest, with the approval | 3624 |
of the commission, may also receive simulcast horse races and | 3625 |
simulcast racing programs not agreed to by simulcast hosts. | 3626 |
A simulcast host that normally operates during the day only | 3627 |
may serve as a simulcast host for only day-simulcast racing | 3628 |
programs, which include all simulcast racing programs that | 3629 |
commence at a track located outside this state on or before four | 3630 |
p.m. A simulcast host that normally operates during the evening | 3631 |
only may serve as a simulcast host for only evening-simulcast | 3632 |
racing programs, which include all simulcast racing programs that | 3633 |
commence at a track located outside this state on or after three | 3634 |
p.m. A simulcast host that normally operates during the evening, | 3635 |
but that under its permit conducts live racing programs during the | 3636 |
day, may serve as a simulcast host for day-simulcast racing | 3637 |
programs. A permit holder that is offering at its track simulcast | 3638 |
racing programs that commence at a track located outside this | 3639 |
state on or before four p.m. and simulcast racing programs that | 3640 |
commence at a track located outside this state on or after three | 3641 |
p.m. may serve as a simulcast host for both the day-simulcast | 3642 |
racing program and the evening-simulcast racing program only if no | 3643 |
other permit holder is serving as a simulcast host for the other | 3644 |
simulcast racing programs. The times listed in this and the | 3645 |
immediately following paragraphs are standard time as described in | 3646 |
section 1.04 of the Revised Code and in the "Uniform Time Act of | 3647 |
1966," 80 Stat. 107, 15 U.S.C. 260 to 265. | 3648 |
If a simulcast host is conducting a racing program that | 3649 |
features thoroughbred or quarter horses on the same day that | 3650 |
another simulcast host is conducting a live racing program that | 3651 |
features harness horses at a track located in the same county as, | 3652 |
or within twenty miles of, the track of the first simulcast host, | 3653 |
the first simulcast host shall not conduct pari-mutuel wagering on | 3654 |
simulcast racing programs that commence after four p.m. on that | 3655 |
day and the second simulcast host shall not conduct wagering on | 3656 |
simulcast racing programs that commence before three p.m. on that | 3657 |
day. | 3658 |
A simulcast host that is conducting a live racing program and | 3659 |
is simulcasting that program to other simulcast hosts and | 3660 |
simulcast guests in this state shall receive from each simulcast | 3661 |
host and each simulcast guest receiving the simulcast an | 3662 |
intrastate simulcast fee of one and three-eighths per cent of the | 3663 |
amounts wagered on such simulcast racing program at its | 3664 |
facilities. The simulcast hosts and simulcast guests receiving | 3665 |
such simulcast racing program shall pay the intrastate simulcast | 3666 |
fee to the collection and settlement agent, and the fee shall be | 3667 |
disbursed by the agent, at the time and in the manner provided in | 3668 |
section 3769.0810 of the Revised Code. | 3669 |
(E)(1) The moneys wagered on simulcast racing programs on a | 3670 |
racing day shall be separated from the moneys wagered on the live | 3671 |
racing program on that racing day. From the moneys wagered on the | 3672 |
simulcast races, each permit holder may retain as a commission the | 3673 |
percentage of the amount wagered as specified in sections 3769.08 | 3674 |
and 3769.087 of the Revised Code, as applicable, and shall pay, by | 3675 |
check, draft, or money order to the state tax commissioner, as a | 3676 |
tax, the tax specified in sections 3769.08 and 3769.087 of the | 3677 |
Revised Code, as applicable. From the tax collected, the tax | 3678 |
commissioner shall make the distributions to the respective funds, | 3679 |
and in the proper amounts, as required by sections 3769.08 and | 3680 |
3769.087 of the Revised Code, as applicable. Except as provided in | 3681 |
divisions (E)(2) and (3) of this section, from the amount | 3682 |
remaining after the payment of state taxes on the moneys wagered | 3683 |
on live racing programs and on the moneys wagered on simulcast | 3684 |
racing programs, a permit holder shall retain an amount equal to | 3685 |
two and three-eightsthree-eighths per cent of the amount wagered | 3686 |
on live racing programs and on intrastate and interstate simulcast | 3687 |
racing programs simulcast at its track and on the amount wagered | 3688 |
on the live racing programs and simulcast racing programs at a | 3689 |
satellite facility allocated to it under section 3769.26 of the | 3690 |
Revised Code, as a fee to pay for those costs associated with the | 3691 |
reception and transmission of simulcasts and the administrative | 3692 |
cost of the conduct of live racing programs and simulcast racing | 3693 |
programs. From the remaining balance, one-half shall be retained | 3694 |
by the permit holder for purses. On a day when a permit holder | 3695 |
conducts a live racing program, all purse money generated from | 3696 |
wagering on live racing programs and on simulcast racing programs | 3697 |
at its track shall be used for that permit holder's purse account. | 3698 |
On a day when a permit holder operates as a simulcast host with no | 3699 |
live racing program, or operates as a simulcast guest, all purse | 3700 |
money generated from wagering on intrastate and interstate | 3701 |
simulcast racing programs shall be paid to the state racing | 3702 |
commission for deposit into the Ohio combined simulcast horse | 3703 |
racing purse fund created under this section. In addition, on a | 3704 |
day when a permit holder serves as a simulcast host for a | 3705 |
satellite facility, all purse money generated from amounts wagered | 3706 |
at the satellite facility allocated to the permit holder under | 3707 |
section 3769.26 of the Revised Code shall be paid to the | 3708 |
commission for deposit into the Ohio simulcast horse racing purse | 3709 |
fund. | 3710 |
(2) If there are not four satellite facilities in operation | 3711 |
in this state within one year after the effective date of this | 3712 |
sectionSeptember 19, 1996, or if there are not seven satellite | 3713 |
facilities in operation in this state within two years after
the | 3714 |
effective date of this sectionSeptember 19, 1996, or if there are | 3715 |
not ten satellite facilities in operation in this state within | 3716 |
three years after the effective date of this sectionSeptember 19, | 3717 |
1996, then in any such event the amount to be retained as a fee by | 3718 |
the permit holder under division (E)(1) of this section shall be | 3719 |
one and seven-eighths per cent until such time as the number of | 3720 |
satellite facilities specified in division (E)(2) of this section | 3721 |
are in operation. For good cause shown, the thoroughbred horsemens | 3722 |
association and Ohio harness horsemens association may waive the | 3723 |
requirements of division (E)(2) of this section or extend the date | 3724 |
for compliance as to any year by filing a written notification | 3725 |
with the state racing commission. | 3726 |
(3) If a simulcast racing program simulcast by a simulcast | 3727 |
host at its track or enclosure and to other simulcast hosts, | 3728 |
simulcast guests, and satellite facilities in this state is a | 3729 |
special racing event, the permit holder offering the special | 3730 |
racing event and other simulcast hosts, simulcast guests, and | 3731 |
satellite facilities receiving the special racing event shall not | 3732 |
retain the fee provided under division (E)(1) or (2) of this | 3733 |
section but shall retain from the moneys wagered on the special | 3734 |
racing event an amount equal to the fee charged by the track, | 3735 |
racing association, or state regulatory agency simulcasting the | 3736 |
special racing event to the simulcast host. From the remaining | 3737 |
balance, one-half shall be retained by the permit holder for | 3738 |
purses in the manner provided in division (E)(1) of this section. | 3739 |
A permit holder proposing to simulcast a special racing event | 3740 |
as a simulcast host shall advise its horsemen's organization of | 3741 |
the proposed schedule of the special racing event and obtain its | 3742 |
consent to this schedule. The consent of the horsemen's | 3743 |
organization shall not be unreasonably withheld and shall be | 3744 |
consistent with the interest of preserving live racing in this | 3745 |
state. If the horsemen's organization withholds its consent, the | 3746 |
permit holder may file an objection with the state racing | 3747 |
commission, which shall promptly consider the objection and | 3748 |
determine whether the organization's action in withholding consent | 3749 |
is without substantial merit and, if the commission so determines, | 3750 |
shall authorize the permit holder to simulcast the special racing | 3751 |
event. The determination of the commission is final. | 3752 |
(F) There is hereby created in the state treasury the Ohio | 3753 |
combined simulcast horse racing purse fund, to consist of moneys | 3754 |
paid into it by permit holders pursuant to division (E) of this | 3755 |
section and by satellite facilities pursuant to division (F) of | 3756 |
section 3769.26 of the Revised Code. Moneys to the credit of the | 3757 |
fund, including interest earned thereon, may be used by the | 3758 |
commission for the costs of administering this division and the | 3759 |
balance shall be distributed among permit holders no less | 3760 |
frequently than monthly to each permit holder's purse account on | 3761 |
order of the commission. | 3762 |
For each calendar year, permit holders at each track shall | 3763 |
receive a share of each distribution of the Ohio combined | 3764 |
simulcast horse racing purse fund in the same percentage, rounded | 3765 |
to the nearest one-hundredth of the amount of each distribution, | 3766 |
as the average total amount wagered at the track on racing days at | 3767 |
which live racing programs were conducted, including the amount | 3768 |
allocated to the track under section 3769.26 of the Revised Code | 3769 |
for live races, during the five calendar years immediately | 3770 |
preceding the year for which the distribution is made bears to the | 3771 |
average annual total amount wagered at all tracks in the state | 3772 |
operating under permits issued by the state racing commission | 3773 |
under section 3769.07, 3769.071, or 3769.072 of the Revised Code | 3774 |
on all racing days at which live racing programs were conducted, | 3775 |
including the amount allocated to the tracks under section 3769.26 | 3776 |
of the Revised Code for live races, during the five calendar years | 3777 |
immediately preceding the year for which the distribution is made. | 3778 |
By the thirty-first day of January of each year the commission | 3779 |
shall calculate the share of the permit holders at each track for | 3780 |
that year, shall enter the share percentages in its official | 3781 |
records, and shall notify all permit holders of the share | 3782 |
percentages of all tracks for that calendar year. | 3783 |
(G) Upon the approval of the commission, a permit holder | 3795 |
conducting live racing programs may transmit electronically | 3796 |
televised simulcasts of horse races conducted at the permit | 3797 |
holder's track to racing associations, tracks, and facilities | 3798 |
located outside this state for the conduct of pari-mutuel wagering | 3799 |
thereon, at the times, on the terms, and for the fee agreed upon | 3800 |
by the permit holder and the receiving racing association, track, | 3801 |
or facility. From the fees paid to the permit holder for such | 3802 |
simulcasts, a permit holder shall retain for the costs of | 3803 |
administration a fee in an amount equal to one per cent of the | 3804 |
amount wagered on the races simulcast by the permit holder. From | 3805 |
the remaining balance of the fee, one-half shall be retained by | 3806 |
the permit holder for purses, except that notwithstanding the fee | 3807 |
arrangement between the permit holder and the receiving racing | 3808 |
association, track, or facility, the permit holder shall deposit | 3809 |
into its purse account not less than an amount equal to | 3810 |
three-fourths of one per cent of the amount wagered at racing | 3811 |
associations, tracks, and facilities located outside the state on | 3812 |
the races simulcast by the permit holder. | 3813 |
All televised simulcasts of horse races conducted in this | 3814 |
state to racing associations, tracks, and facilities located | 3815 |
outside this state shall comply with the "Interstate Horse Racing | 3816 |
Act of 1978," 92 Stat. 1811, 15 U.S.C.A. 3001 to 3007. The consent | 3817 |
of the horsemen's organization at the track of the permit holder | 3818 |
applying to the commission to simulcast horse races conducted at | 3819 |
the permit holder's track to racing associations, tracks, and | 3820 |
facilities located outside this state shall not be unreasonably | 3821 |
withheld and shall be consistent with the interest of preserving | 3822 |
live racing. If a horsemen's organization withholds its consent, | 3823 |
the permit holder may file an objection with the commission, which | 3824 |
shall promptly consider the objection and determine whether the | 3825 |
horsemen's organization's action in withholding consent is without | 3826 |
substantial merit and, if the commission so determines, shall | 3827 |
authorize the permit holder to simulcast the races. The | 3828 |
determination of the commission is final. | 3829 |
(H)(1) The state racing commission may authorize any permit | 3830 |
holder that is authorized to conduct live horse racing on racing | 3831 |
days and that conducts pari-mutuel wagering on simulcasts of horse | 3832 |
races under this section that are conducted at race tracks either | 3833 |
inside or outside this state to conduct, supervise, and | 3834 |
participate in interstate and intrastate common pari-mutuel | 3835 |
wagering pools on those races in the manner provided in division | 3836 |
(H) of this section. Except as otherwise expressly provided in | 3837 |
division (H) of this section or in the rules of the state racing | 3838 |
commission, the provisions of this chapter that govern pari-mutuel | 3839 |
wagering apply to interstate or intrastate common pari-mutuel | 3840 |
wagering pools. | 3841 |
(2) Subject to the approval of the state racing commission, | 3842 |
the types of wagering, calculation of the commission retained by | 3843 |
the permit holder, tax rates, distribution of winnings, and rules | 3844 |
of racing in effect for pari-mutuel wagering pools at the host | 3845 |
track may govern wagers placed at a receiving track in this state | 3846 |
and merged into an interstate or intrastate common pari-mutuel | 3847 |
wagering pool. Breakage from interstate or intrastate common | 3848 |
pari-mutuel wagering pools shall be calculated in accordance with | 3849 |
the rules that govern the host track and shall be distributed | 3850 |
among the tracks participating in the interstate or intrastate | 3851 |
common wagering pool in a manner agreed to by the participating | 3852 |
tracks and the host track. An interstate common pari-mutuel | 3853 |
wagering pool formed under division (H)(3) of this section is | 3854 |
subject to that division rather than to division (H)(2) of this | 3855 |
section. | 3856 |
(3) Subject to the approval of the state racing commission, | 3857 |
an interstate common pari-mutuel wagering pool may be formed | 3858 |
between a permit holder and one or more receiving tracks located | 3859 |
in states other than the state in which the host track is located. | 3860 |
The commission may approve types of wagering, calculation of the | 3861 |
commission retained by the permit holder, tax rates, distribution | 3862 |
of winnings, rules of racing, and calculation of breakage for such | 3863 |
an interstate common pari-mutuel wagering pool that differ from | 3864 |
those that would otherwise be applied in this state under this | 3865 |
chapter but that are consistent for all tracks participating in | 3866 |
the interstate common pari-mutuel wagering pool formed under | 3867 |
division (H)(3) of this section. | 3868 |
(J) No license, fee, or excise tax, other than as specified | 3881 |
in division (E) of this section, shall be assessed upon or | 3882 |
collected from a permit holder or the owners of a permit holder in | 3883 |
connection with, or pertaining to, the operation and conduct of | 3884 |
simulcast racing programs in this state, by any county, township, | 3885 |
municipal corporation, district, or other body having the | 3886 |
authority to assess or collect a tax or fee. | 3887 |
(K)(1) Permit holders operating tracks within the same county | 3888 |
or adjacent counties that are conducting simulcast racing programs | 3889 |
under this section may enter into agreements regarding the conduct | 3890 |
of simulcast racing programs at their respective tracks and the | 3891 |
sharing of the retained commissions therefrom, for such periods of | 3892 |
time, upon such terms and conditions, and subject to such rights | 3893 |
and obligations, as the contracting permit holders consider | 3894 |
appropriate under the circumstances. Permit holders
so contracting | 3895 |
shall notify the state racing commission of their entry into an | 3896 |
agreement pursuant to this division, the names of the permit | 3897 |
holders that are parties to the agreement, and the length of the | 3898 |
term oftime the agreement shall be in effect. | 3899 |
Sec. 3769.201. The holder of a permit issued under section | 3919 |
3769.06 of the Revised Code may apply to the state racing | 3920 |
commission for the tax reduction available under section 3769.20 | 3921 |
of the Revised Code for the cost to the permit holder of any | 3922 |
cleanup, repair, or improvement required as a result of damage | 3923 |
caused by the 1997 Ohio river flood to the place, track, or | 3924 |
enclosure for which the permit is issued. As part of the | 3925 |
application, the permit holder shall submit evidence of payment of | 3926 |
the cost of the cleanup, repair, or improvement. The commission | 3927 |
shall approve the tax reduction in the amount of the cost to the | 3928 |
permit holder, net of any insurance proceeds, of any cleanup, | 3929 |
repair, or improvement the commission determines was required as a | 3930 |
result of damage caused by the flood. The permit holder need not | 3931 |
have followed unrestricted competitive bidding procedures as | 3932 |
required under section 3769.20 of the Revised Code to qualify for | 3933 |
the reduction under this section. | 3934 |
The permit holder shall claim the tax reduction under this | 3935 |
section in the same manner as if it were a tax reduction for a | 3936 |
major capital improvement project under section 3769.20 of the | 3937 |
Revised Code. The percentage of the reduction that may be taken | 3938 |
each racing day shall equal the percentage allowed for a reduction | 3939 |
under section 3769.20 of the Revised Code. A reduction under this | 3940 |
section shall be in addition to, and shall be taken after | 3941 |
completion of, a reduction approved under section 3769.20 or | 3942 |
division
(J)(I) of section 3769.08 of the Revised Code. A permit | 3943 |
holder shall not take a reduction under this section for a repair | 3944 |
or improvement for which a reduction is taken under section | 3945 |
3769.20 or division
(J)(I) of section 3769.08 of the Revised Code. | 3946 |
Sec. 3769.21. (A) A corporation may be formed pursuant to | 3947 |
Chapter 1702. of the Revised Code to establish a thoroughbred | 3948 |
horsemen's health and retirement fund and a corporation may be | 3949 |
formed pursuant to Chapter 1702. of the Revised Code to establish | 3950 |
a harness horsemen's health and retirement fund to be administered | 3951 |
for the benefit of horsemen. As used in this section, "horsemen" | 3952 |
includes any person involved in the owning, breeding, training, | 3953 |
grooming, or racing of horses which race in Ohio, except for the | 3954 |
owners or managers of race tracks. For purposes of the | 3955 |
thoroughbred horsemen's health and retirement fund, "horsemen" | 3956 |
also does not include trainers and grooms who are not members of | 3957 |
the thoroughbred horsemen's organization in this state. No more | 3958 |
than one corporation to establish a thoroughbred horsemen's health | 3959 |
and retirement fund and no more than one corporation to establish | 3960 |
a harness horsemen's health and retirement fund may be established | 3961 |
in Ohio pursuant to this section. The trustees of the corporation | 3962 |
formed to establish a thoroughbred horsemen's health and | 3963 |
retirement fund shall have the discretion to determine which | 3964 |
horsemen shall benefit from such fund. | 3965 |
(C) Within sixty days after the formation of each of the | 3986 |
corporations described in division (A) of this section, the state | 3987 |
racing commission shall appoint the members of the board of | 3988 |
trustees of that corporation. Vacancies shall be filled by the | 3989 |
state racing commission in the same manner as initial | 3990 |
appointments. Each trustee of the thoroughbred horsemen's health | 3991 |
and retirement fund appointed by the commission shall be active as | 3992 |
a thoroughbred horseman while serving a term as a trustee and | 3993 |
shall have been active as a thoroughbred horseman for at least | 3994 |
five years immediately prior to the commencement of any such term. | 3995 |
Each trustee of the harness horsemen's health and retirement fund | 3996 |
appointed by the commission shall be active as a harness horseman | 3997 |
while serving a term as a trustee and shall have been active as a | 3998 |
harness horseman for at least five years immediately prior to the | 3999 |
commencement of any such term. The incorporators of either such | 4000 |
corporation may serve as initial trustees until the state racing | 4001 |
commission acts pursuant to this section to make these | 4002 |
appointments. | 4003 |
Sec. 3770.02. (A) Subject to the advice and consent of the | 4013 |
senate, the governor shall appoint a director of the state lottery | 4014 |
commission who shall serve at the pleasure of the governor. The | 4015 |
director shall devote full time to the duties of the office and | 4016 |
shall hold no other office or employment. The director shall meet | 4017 |
all requirements for appointment as a member of the commission and | 4018 |
shall, by experience and training, possess management skills that | 4019 |
equip the director to administer an enterprise of the nature of a | 4020 |
state lottery. The director shall receive an annual salary in | 4021 |
accordance with pay range 48 of section 124.152 of the Revised | 4022 |
Code. | 4023 |
(C)(1) The director shall appoint an assistant director, | 4036 |
deputy directors of marketing, operations, sales, finance, public | 4037 |
relations, security, and administration, and as many regional | 4038 |
managers as are required. The director may also appoint necessary | 4039 |
professional, technical, and clerical assistants. All such | 4040 |
officers and employees shall be appointed and compensated pursuant | 4041 |
to Chapter 124. of the Revised Code. Regional and assistant | 4042 |
regional managers, sales representatives, and any lottery | 4043 |
executive account representatives shall remain in the unclassified | 4044 |
service. | 4045 |
(D) The director shall request the bureau of criminal | 4049 |
identification and investigation, the department of public safety, | 4050 |
or any other state, local, or federal agency to supply the | 4051 |
director with the criminal records of any job applicant and may | 4052 |
periodically request the criminal records of commission employees. | 4053 |
At or prior to the time of making such a request, the director | 4054 |
shall require a job applicant or commission employee to obtain | 4055 |
fingerprint cards prescribed by the superintendent of the bureau | 4056 |
of criminal identification and investigation at a qualified law | 4057 |
enforcement agency, and the director shall cause these fingerprint | 4058 |
cards to be forwarded to the bureau of criminal identification and | 4059 |
investigation and the federal bureau of investigation. The | 4060 |
commission shall assume the cost of obtaining the fingerprint | 4061 |
cards and shall pay to each agency supplying criminal records for | 4062 |
each investigation under this division a reasonable fee, as | 4063 |
determined by the agency. | 4064 |
(E) The director shall license lottery sales agents pursuant | 4065 |
to section 3770.05 of the Revised Code and, when it is considered | 4066 |
necessary, may revoke or suspend the license of any lottery sales | 4067 |
agent. The director may license video lottery technology | 4068 |
providers, independent testing laboratories, and gaming employees, | 4069 |
and promulgate rules relating thereto. When the director considers | 4070 |
it necessary, the director may suspend or revoke the license of a | 4071 |
video lottery technology provider, independent testing laboratory, | 4072 |
or gaming employee, including suspension or revocation without | 4073 |
affording an opportunity for a prior hearing under section 119.07 | 4074 |
of the Revised Code when the public safety, convenience, or trust | 4075 |
requires immediate action. | 4076 |
(F) The director shall confer at least once each month with | 4077 |
the commission, at which time the director shall advise it | 4078 |
regarding the operation and administration of the lottery. The | 4079 |
director shall make available at the request of the commission all | 4080 |
documents, files, and other records pertaining to the operation | 4081 |
and administration of the lottery. The director shall prepare and | 4082 |
make available to the commission each month a complete and | 4083 |
accurate accounting of lottery revenues, prize money disbursements | 4084 |
and the cost of goods and services awarded as prizes, operating | 4085 |
expenses, and all other relevant financial information, including | 4086 |
an accounting of all transfers made from any lottery funds in the | 4087 |
custody of the treasurer of state to benefit education. | 4088 |
(H)(1) Pursuant to rules adopted by the commission under | 4092 |
section 3770.03 of the Revised Code, the director shall require | 4093 |
any lottery sales agents to either mail directly to the commission | 4094 |
or deposit to the credit of the state lottery fund, in banking | 4095 |
institutions designated by the treasurer of state, net proceeds | 4096 |
due the commission as determined by the director, and to file with | 4097 |
the director or the director's designee reports of their receipts | 4098 |
and transactions in the sale of lottery tickets in the form | 4099 |
required by the director. | 4100 |
Sec. 3770.05. (A) As used in this section, "person" means | 4136 |
any person, association, corporation, partnership, club, trust, | 4137 |
estate, society, receiver, trustee, person acting in a fiduciary | 4138 |
or representative capacity, instrumentality of the state or any of | 4139 |
its political subdivisions, or any other combination of | 4140 |
individuals meeting the requirements set forth in this section or | 4141 |
established by rule or order of the state lottery commission. | 4142 |
(F) The director of the state lottery commission shall | 4204 |
request the bureau of criminal identification and investigation, | 4205 |
the department of public safety, or any other state, local, or | 4206 |
federal agency to supply the director with the criminal records of | 4207 |
any applicant for a lottery sales agent license, and may | 4208 |
periodically request the criminal records of any person to whom a | 4209 |
lottery sales agent license has been issued. At or prior to the | 4210 |
time of making such a request, the director shall require an | 4211 |
applicant or licensee to obtain fingerprint impressions on | 4212 |
fingerprint cards prescribed by the superintendent of the bureau | 4213 |
of criminal identification and investigation at a qualified law | 4214 |
enforcement agency, and the director shall cause those fingerprint | 4215 |
cards to be forwarded to the bureau of criminal identification and | 4216 |
investigation, to the federal bureau of investigation, or to both | 4217 |
bureaus. The commission shall assume the cost of obtaining the | 4218 |
fingerprint cards. | 4219 |
(b) Prior to approval of the application, obtain a surety | 4233 |
bond in an amount the director determines by rule adopted under | 4234 |
Chapter 119. of the Revised Code or, alternatively, with the | 4235 |
director's approval, deposit the same amount into a dedicated | 4236 |
account for the benefit of the state lottery. The director also | 4237 |
may approve the obtaining of a surety bond to cover part of the | 4238 |
amount required, together with a dedicated account deposit to | 4239 |
cover the remainder of the amount required. The director also may | 4240 |
establish an alternative program or policy, with the approval of | 4241 |
the commission by rule adopted under Chapter 119. of the Revised | 4242 |
Code, that otherwise ensures the lottery's financial interests are | 4243 |
adequately protected. If such an alternative program or policy is | 4244 |
established, an applicant or lottery sales agent, subject to the | 4245 |
director's approval, may be permitted to participate in the | 4246 |
program or proceed under that policy in lieu of providing a surety | 4247 |
bond or dedicated amount. | 4248 |
A surety bond, dedicated account, other established program | 4254 |
or policy, or bothany combination of these resources, as | 4255 |
applicable, may be used to pay for the lottery sales agent's | 4256 |
failure to make prompt and accurate payments for lottery ticket | 4257 |
sales, for missing or stolen lottery tickets, for damage to | 4258 |
equipment or materials issued to the lottery sales agent, or to | 4259 |
pay for expenses the commission incurs in connection with the | 4260 |
lottery sales agent's license. | 4261 |
(3) A lottery sales agent license shall be complete, | 4279 |
accurate, and current at all times during the term of the license. | 4280 |
Any changes to an original license application or a renewal | 4281 |
application may subject the applicant or lottery sales agent, as | 4282 |
applicable, to paying an administrative fee that shall be in an | 4283 |
amount that the director determines by rule adopted under Chapter | 4284 |
119. of the Revised Code, that the controlling board approves, and | 4285 |
that shall not exceed the actual cost of administering and | 4286 |
processing the changes to an application. | 4287 |
(I) If a lottery sales agent's rental payments for the | 4296 |
lottery sales agent's premises are determined, in whole or in | 4297 |
part, by the amount of retail sales the lottery sales agent makes, | 4298 |
and if the rental agreement does not expressly provide that the | 4299 |
amount of those retail sales includes the amounts the lottery | 4300 |
sales agent receives from lottery ticket sales, only the amounts | 4301 |
the lottery sales agent receives as compensation from the state | 4302 |
lottery commission for selling lottery tickets shall be considered | 4303 |
to be amounts the lottery sales agent receives from the retail | 4304 |
sales the lottery sales agent makes, for the purpose of computing | 4305 |
the lottery sales agent's rental payments. | 4306 |
Sec. 3770.07. (A)(1) Except as provided in division (A)(2) | 4307 |
of this section, lottery prize awards shall be claimed by the | 4308 |
holder of the winning lottery ticketproduct, or by the executor | 4309 |
or administrator, or the trustee of a trust, of the estate of a | 4310 |
deceased holder of a winning lottery
ticketproduct, in a manner | 4311 |
to be determined by the state lottery commission, within one | 4312 |
hundred eighty days after the date on which the prize award was | 4313 |
announced if the lottery game is an online game, and within one | 4314 |
hundred eighty days after the close of the game if the lottery | 4315 |
game is an instant game. | 4316 |
NoAny lottery prize award with a value that meets or exceeds | 4317 |
five hundred ninety-nine dollarsthe reportable winnings amounts | 4318 |
set by 26 U.S.C. 6041, or a subsequent analogous section of the | 4319 |
Internal Revenue Code, shall not be claimed by or paid to any | 4320 |
person, as defined in section 1.59 of the Revised Code or as | 4321 |
defined by rule or order of the state lottery commission, until | 4322 |
the name, address, and social security number of each beneficial | 4323 |
owner of the prize award are disclosed todocumented for the | 4324 |
commission. Except when a beneficial owner otherwise consents in | 4325 |
writing, in the case of a claim for a lottery prize award made by | 4326 |
one or more beneficial owners using a trust, the name, address, | 4327 |
and social security number of each such beneficial owner in the | 4328 |
commission's records as a result of such a disclosure are | 4329 |
confidential and shall not be subject to inspection or copying | 4330 |
under section 149.43 of the Revised Code as a public record. | 4331 |
(4) The state lottery commission may share with other | 4353 |
governmental agencies the name, address, and social security | 4354 |
number of a beneficial owner disclosed to the commission under | 4355 |
division (A)(1) of this section, as authorized under sections | 4356 |
3770.071 and 3770.073 of the Revised Code. Any shared information | 4357 |
as disclosed pursuant to those sections that is made confidential | 4358 |
by division (A)(1) of this section remains confidential and shall | 4359 |
not be subject to inspection or copying under section 149.43 of | 4360 |
the Revised Code as a public record unless the applicable | 4361 |
beneficial owner otherwise provides written consent. | 4362 |
(B) If a prize winner, as defined in section 3770.10 of the | 4388 |
Revised Code, is under eighteen years of age, or is under some | 4389 |
other legal disability, and the prize money or the cost of goods | 4390 |
or services awarded as a prize exceeds one thousand dollars, the | 4391 |
director of the state lottery commission shall order that payment | 4392 |
be made to the order of the legal guardian of that prize winner. | 4393 |
If the amount of the prize money or the cost of goods or services | 4394 |
awarded as a prize is one thousand dollars or less, the director | 4395 |
may order that payment be made to the order of the adult member, | 4396 |
if any, of that prize winner's family legally responsible for the | 4397 |
care of that prize winner. | 4398 |
(D)(1) No right of any prize winner, as defined in section | 4402 |
3770.10 of the Revised Code, to a prize award shall be assignable | 4403 |
except as follows: when the payment is to be made to the executor | 4404 |
or administrator, or the trustee of a trust, of the estate of a | 4405 |
winning ticket holderprize winner; when the award of a prize is | 4406 |
disputed, any person may be awarded a prize award to which another | 4407 |
has claimed title, pursuant to the order of a court of competent | 4408 |
jurisdiction; when a person is awarded a prize award to which | 4409 |
another has claimed title, pursuant to the order of a federal | 4410 |
bankruptcy court under Title 11 of the United States Code; or as | 4411 |
provided in sections 3770.10 to 3770.14 of the Revised Code. | 4412 |
(2)(a) No right of any prize winner, as defined in section | 4413 |
3770.10 of the Revised Code, to a prize award with a remaining | 4414 |
unpaid balance of less than one hundred thousand dollars shall be | 4415 |
subject to garnishment, attachment, execution, withholding, or | 4416 |
deduction except as provided in sections 3119.80, 3119.81, | 4417 |
3121.02, 3121.03, and 3123.06 of the Revised Code or when the | 4418 |
director is to make a payment pursuant to section 3770.071 or | 4419 |
3770.073 of the Revised Code. | 4420 |
(b) No right of any prize winner, as defined in section | 4421 |
3770.10 of the Revised Code, to a prize award with an unpaid | 4422 |
balance of one hundred thousand dollars or more shall be subject | 4423 |
to garnishment, attachment, execution, withholding, or deduction | 4424 |
except as follows: as provided in sections 3119.80, 3119.81, | 4425 |
3121.02, 3121.03, and 3123.06 of the Revised Code; when the | 4426 |
director is to make a payment pursuant to section 3770.071 or | 4427 |
3770.073 of the Revised Code; or pursuant to the order of a court | 4428 |
of competent jurisdiction located in this state in a proceeding in | 4429 |
which the state lottery commission is a named party, in which case | 4430 |
the garnishment, attachment, execution, withholding, or deduction | 4431 |
pursuant to the order shall be subordinate to any payments to be | 4432 |
made pursuant to section 3119.80, 3119.81, 3121.02, 3121.03, | 4433 |
3123.06, 3770.071, or 3770.073 of the Revised Code. | 4434 |
(5) The state lottery commission shall adopt rules pursuant | 4447 |
to section 3770.03 of the Revised Code concerning the payment of | 4448 |
prize awards upon the death of a prize winner, as defined in | 4449 |
section 3770.10 of the Revised Code. Upon the death of a prize | 4450 |
winner, the remainder of the prize winner's prize award, to the | 4451 |
extent it is not subject to a transfer agreement under sections | 4452 |
3770.10 to 3770.14 of the Revised Code, may be paid to the | 4453 |
executor, administrator, or trustee in the form of a discounted | 4454 |
lump sum cash settlement. | 4455 |
(E) No lottery prize award shall be awarded to or for any | 4456 |
officer or employee of the state lottery commission, any officer | 4457 |
or employee of the auditor of state actively auditing, | 4458 |
coordinating and, or certifying commission drawings, or any blood | 4459 |
relative or spouse of such an officer or employee of the | 4460 |
commission or auditor of state living as a member of the officer's | 4461 |
or employee's household, nor shall any such officer, employee, | 4462 |
blood relative, or spouse attempt to claim a lottery prize award. | 4463 |
(G) Upon the payment of prize awards pursuant to a provision | 4467 |
of this section, other than a provision of division (D) of this | 4468 |
section, the director and the state lottery commission are | 4469 |
discharged from all further liability for their payment. | 4470 |
Installment payments of lottery prize awards shall be paid by | 4471 |
official check or warrant, and they shall be sent by mail delivery | 4472 |
to the prize winner's address within the United States or by | 4473 |
electronic funds transfer to an established bank account located | 4474 |
within the United States, or the prize winner may pick them up at | 4475 |
an office of the commission. | 4476 |
Sec. 3770.071. (A)(1) If the amount of the prize money or | 4477 |
the cost of goods or services awarded as a lottery prize award is | 4478 |
six hundred dollars or moremeets or exceeds the reportable | 4479 |
winnings amounts set by 26 U.S.C. 6041, or a subsequent analogous | 4480 |
section of the Internal Revenue Code, the director of the state | 4481 |
lottery commission or the director's designee shall require the | 4482 |
person entitled to the prize award to affirm in writing, under | 4483 |
oath,
or by electronic means, whether or not the person is in | 4484 |
default under a support order. The director or the director's | 4485 |
designee also may take any additional appropriate steps to | 4486 |
determine if the person entitled to the prize award is in default | 4487 |
under a support order. If the person entitled to the prize award | 4488 |
affirms that the person is in default under a support order, or if | 4489 |
the director or the director's designee determines that the person | 4490 |
is in default under a support order, the director or the | 4491 |
director's designee shall temporarily withhold payment of the | 4492 |
prize award and notify the child support enforcement agency that | 4493 |
administers the support order that the person is entitled to a | 4494 |
prize award, of the amount of the prize award, and, if the prize | 4495 |
award is to be paid in annual installments, of the number of | 4496 |
installments. | 4497 |
(2) Upon receipt of the notice from the director or the | 4498 |
director's designee, the child support enforcement agency shall | 4499 |
conduct an investigation to determine whether the person entitled | 4500 |
to the lottery prize award is subject to a final and enforceable | 4501 |
determination of default made under sections 3123.01 to 3123.07 of | 4502 |
the Revised Code. If the agency determines that the person is so | 4503 |
subject, it shall issue an intercept directive as described in | 4504 |
section 3123.89 of the Revised Code to the director at lottery | 4505 |
commission headquarters requiring the director or the director's | 4506 |
designee to deduct from any unpaid prize award or any annual | 4507 |
installment payment of an unpaid prize award, a specified amount | 4508 |
for support in satisfaction of the support order under which the | 4509 |
person is in default. To the extent possible, the amount specified | 4510 |
to be deducted under the intercept directive shall satisfy the | 4511 |
amount ordered for support in the support order under which the | 4512 |
person is in default. | 4513 |
A child support enforcement agency shall issue an intercept | 4514 |
directive within thirty days from the date the director or the | 4515 |
director's designee notifies the agency under division (A)(1) of | 4516 |
this section. Within thirty days after the date on which the | 4517 |
agency issues the intercept directive, the director or the | 4518 |
director's designee shall pay the amount specified in the | 4519 |
intercept directive to the office of child support in the | 4520 |
department of job and family services. But, if the prize award is | 4521 |
to be paid in annual installments, the director or the director's | 4522 |
designee, on the date the next installment payment is due, shall | 4523 |
deduct the amount specified in the intercept directive from that | 4524 |
installment and, if necessary, any subsequent annual installments, | 4525 |
at the time those installments become due and owing to the prize | 4526 |
winner, and pay the amount to the office of child support. | 4527 |
(B) The state lottery commission shall include, in | 4548 |
conjunction with the state racing commission, in any rules adopted | 4549 |
concerning video lottery terminals, the level of minimum | 4550 |
investments that must be made by video lottery terminal licensees | 4551 |
in the buildings, fixtures, equipment, facilities-related | 4552 |
preparation, and grounds at the facilities, including temporary | 4553 |
facilities, in which the terminals will be located, along with any | 4554 |
standards and timetables for such investments. | 4555 |
(E) No license or excise tax or fee not in effect on the | 4570 |
effective date of this section shall be assessed upon or collected | 4571 |
from a video lottery terminal licensee by any county, township, | 4572 |
municipal corporation, school district, or other political | 4573 |
subdivision of the state that has authority to assess or collect a | 4574 |
tax or fee by reason of the video lottery terminal related conduct | 4575 |
authorized by section 3770.03 of the Revised Code. This division | 4576 |
does not prohibit the imposition of taxes under Chapter 718. or | 4577 |
3769. of the Revised Code. | 4578 |
(D) The supreme court shall have exclusive, original | 4579 |
jurisdiction over any claim(F) Any action asserting that this | 4580 |
section or section 3770.03 of the Revised Code or any portion of | 4581 |
those sections or any rule adopted under those sections violates | 4582 |
any provision of the Ohio Constitution, any claim asserting that | 4583 |
any action taken by the governor or the lottery commission | 4584 |
pursuant to those sections violates any provision of the Ohio | 4585 |
Constitution or any provision of the Revised Code, or any claim | 4586 |
asserting that any portion of this section violates any provision | 4587 |
of the Ohio Constitution. If any claim over which the supreme | 4588 |
court is granted exclusive, original jurisdiction by this division | 4589 |
is filed in any lower court, the claim shall be dismissed by the | 4590 |
court on the ground that the court lacks jurisdiction to review it | 4591 |
shall be brought in the court of common pleas of Franklin county. | 4592 |
(D) Confidential information received by the commission from | 4643 |
another jurisdiction relating to a person who holds, held, or has | 4644 |
applied for a license under this chapter is confidential and not | 4645 |
subject to disclosure as a public record under section 149.43 of | 4646 |
the Revised Code. The commission may share the information | 4647 |
referenced in this division with, or disclose the information to, | 4648 |
the inspector general, any appropriate prosecuting authority, any | 4649 |
law enforcement agency, or any other appropriate governmental or | 4650 |
licensing agency, if the agency that receives the information | 4651 |
complies with the same requirements regarding confidentiality as | 4652 |
those with which the commission must comply. | 4653 |
(E) "Casino gaming" means any type of slot machine or table | 4665 |
game wagering, using money, casino credit, or any representative | 4666 |
of value, authorized in any of the states of Indiana, Michigan, | 4667 |
Pennsylvania, and West Virginia as of January 1, 2009, and | 4668 |
includes slot machine and table game wagering subsequently | 4669 |
authorized by, but shall not be limited by, subsequent | 4670 |
restrictions placed on such wagering in such states. "Casino | 4671 |
gaming" does not include bingo, as authorized in Section 6 of | 4672 |
Article XV, Ohio Constitution and conducted as of January 1, 2009, | 4673 |
or horse racing where the pari-mutuel system of wagering is | 4674 |
conducted, as authorized under the laws of this state as of | 4675 |
January 1, 2009. | 4676 |
(F)(G) "Casino operator" means any person, trust, | 4680 |
corporation, partnership, limited partnership, association, | 4681 |
limited liability company, or other business enterprise that | 4682 |
directly or indirectly holds an ownership or leasehold interest in | 4683 |
a casino facility. "Casino operator" does not include an agency of | 4684 |
the state, any political subdivision of the state, any person, | 4685 |
trust, corporation, partnership, limited partnership, association, | 4686 |
limited liability company, or other business enterprise that may | 4687 |
have an interest in a casino facility, but who is legally or | 4688 |
contractually restricted from conducting casino gaming. | 4689 |
(J)(L) "Gaming-related vendor" means any individual, | 4708 |
partnership, corporation, association, trust, or any other group | 4709 |
of individuals, however organized, who supplies gaming-related | 4710 |
equipment, goods, or services to a casino operator or management | 4711 |
company, that are directly related to or affect casino gaming | 4712 |
authorized under this chapter, including, but not limited to, the | 4713 |
manufacture, sale, distribution, or repair of slot machines and | 4714 |
table game equipment. | 4715 |
(M)(O) "Institutional investor" means any of the following | 4735 |
entities owning onemore than five per cent or less, or a | 4736 |
percentage between one and ten per cent as approved by the | 4737 |
commission through a waiver on a case-by-case basis, but less than | 4738 |
fifteen per cent, of an ownership interest in a casino facility, | 4739 |
casino operator, management company, or holding company: a | 4740 |
corporation, bank, insurance company, pension fund or pension fund | 4741 |
trust, retirement fund, including funds administered by a public | 4742 |
agency, employees' profit-sharing fund or employees' | 4743 |
profit-sharing trust, any association engaged, as a substantial | 4744 |
part of its business or operations, in purchasing or holding | 4745 |
securities, including a hedge fund, mutual fund, or private equity | 4746 |
fund, or any trust in respect of which a bank is trustee or | 4747 |
cotrustee, investment company registered under the "Investment | 4748 |
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective | 4749 |
investment trust organized by banks under Part Nine of the Rules | 4750 |
of the Comptroller of the Currency, closed-end investment trust, | 4751 |
chartered or licensed life insurance company or property and | 4752 |
casualty insurance company, investment advisor registered under | 4753 |
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq., | 4754 |
and such other persons as the commission may reasonably determine | 4755 |
to qualify as an institutional investor for reasons consistent | 4756 |
with this chapter, and that does not exercise control over the | 4757 |
affairs of a licensee and its ownership interest in a licensee is | 4758 |
for investment purposes only, as set forth in division (E) of | 4759 |
section 3772.10 of the Revised Code. | 4760 |
(3) A managerial employee of a person that has applied for or | 4777 |
holds a casino operator or gaming-related vendor license in Ohio, | 4778 |
or a managerial employee of a holding company that has control of | 4779 |
a person that has applied for or holds a casino operator or | 4780 |
gaming-related vendor license in Ohio, who performs the function | 4781 |
of principal executive officer, principal operating officer, | 4782 |
principal accounting officer, or an equivalent officer or other | 4783 |
person the commission determines to have the power to exercise | 4784 |
significant influence over decisions concerning any part of the | 4785 |
operation of such licensee. | 4786 |
(P)(R) "Majority ownership interest" in a license or in a | 4794 |
casino facility, as the case may be, means ownership of more than | 4795 |
fifty per cent of such license or casino facility, as the case may | 4796 |
be. For purposes of the foregoing, whether a majority ownership | 4797 |
interest is held in a license or in a casino facility, as the case | 4798 |
may be, shall be determined under the rules for constructive | 4799 |
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as | 4800 |
in effect on January 1, 2009. | 4801 |
(S)(U) "Person" includes, but is not limited to, an | 4811 |
individual or a combination of individuals; a sole proprietorship, | 4812 |
a firm, a company, a joint venture, a partnership of any type, a | 4813 |
joint-stock company, a corporation of any type, a corporate | 4814 |
subsidiary of any type, a limited liability company, a business | 4815 |
trust, or any other business entity or organization; an assignee; | 4816 |
a receiver; a trustee in bankruptcy; an unincorporated | 4817 |
association, club, society, or other unincorporated entity or | 4818 |
organization; entities that are disregarded for federal income tax | 4819 |
purposes; and any other nongovernmental, artificial, legal entity | 4820 |
that is capable of engaging in business. | 4821 |
(V)(X) "Slot machine" means any mechanical, electrical, or | 4831 |
other device or machine which, upon insertion of a coin, token, | 4832 |
ticket, or similar object, or upon payment of any consideration, | 4833 |
is available to play or operate, the play or operation of which, | 4834 |
whether by reason of the skill of the operator or application of | 4835 |
the element of chance, or both, makes individual prize | 4836 |
determinations for individual participants in cash, premiums, | 4837 |
merchandise, tokens, or any thing of value, whether the payoff is | 4838 |
made automatically from the machine or in any other manner, but | 4839 |
does not include any device that is a skill-based amusement | 4840 |
machine, as defined in section 2915.01 of the Revised Code. | 4841 |
Sec. 3772.03. (A) To ensure the integrity of casino gaming, | 4854 |
the commission shall have authority to complete the functions of | 4855 |
licensing, regulating, investigating, and penalizing casino | 4856 |
operators, management companies, holding companies, key employees, | 4857 |
casino gaming employees, and gaming-related vendors. The | 4858 |
commission also shall have jurisdiction over all persons | 4859 |
participating in casino gaming authorized by Section 6(C) of | 4860 |
Article XV, Ohio Constitution, and this chapter. | 4861 |
(15) Establishing standards for provisional key employee | 4946 |
licenses for a person who is required to be licensed as a key | 4947 |
employee and is in exigent circumstances and standards for | 4948 |
provisional licenses for casino gaming employees who submit | 4949 |
complete applications and are compliant under an instant | 4950 |
background check. A provisional license shall be valid not longer | 4951 |
than three months. A provisional license may be renewed one time, | 4952 |
at the commission's discretion, for an additional three months. In | 4953 |
establishing standards with regard to instant background checks | 4954 |
the commission shall take notice of criminal records checks as | 4955 |
they are conducted under section 311.41 of the Revised Code using | 4956 |
electronic fingerprint reading devices. | 4957 |
(J) The commission shall submit a written annual report with | 5036 |
the governor, president and minority leader of the senate, speaker | 5037 |
and minority leader of the house of representatives, and joint | 5038 |
committee on gaming and wagering before the first day of September | 5039 |
each year. The annual report shall include a statement describing | 5040 |
the receipts and disbursements of the commission, relevant | 5041 |
financial data regarding casino gaming, including gross revenues | 5042 |
and disbursements made under this chapter, actions taken by the | 5043 |
commission, an update on casino operators', management companies', | 5044 |
and holding companies' compulsive and problem gambling plans and | 5045 |
the voluntary exclusion program and list, and any additional | 5046 |
information that the commission considers useful or that the | 5047 |
governor, president or minority leader of the senate, speaker or | 5048 |
minority leader of the house of representatives, or joint | 5049 |
committee on gaming and wagering requests. | 5050 |
Sec. 3772.04. (A)(1) If, as the result of an investigation, | 5055 |
the commission concludes that a license or finding required by | 5056 |
this chapter should be limited, conditioned, or restricted, or | 5057 |
suspended,or revoked, denied, or not renewed, the commission | 5058 |
shall conductmay, and if so requested by a licensee or applicant, | 5059 |
shall, conduct a hearing in an adjudication under Chapter 119. of | 5060 |
the Revised Code. After notice and opportunity for a hearing, the | 5061 |
commission may limit, condition, restrict, suspend, revoke, deny, | 5062 |
or not renew a license under rules adopted by the commission. The | 5063 |
commission may reopen a licensing adjudication at any time. | 5064 |
(C) In(D)(1) For the purpose of conducting the hearing in an | 5149 |
adjudication under division (A) of this section, or in the | 5150 |
discharge of any duties imposed by this chapter, the commission | 5151 |
may require that testimony be given under oath and administer such | 5152 |
oath, issue subpoenas compelling the attendance of witnesses and | 5153 |
the production of any papers, books, and accounts, directed to the | 5154 |
sheriffs of the counties where such witnesses or papers, books, | 5155 |
and accounts are found and cause the deposition of any witness. In | 5156 |
The subpoenas shall be served and returned in the same manner as | 5157 |
subpoenas in criminal cases are served and returned. The fees of | 5158 |
sheriffs shall be the same as those allowed by the court of common | 5159 |
pleas in criminal cases. | 5160 |
Sec. 3772.091. (A) NoA casino operator license issued under | 5185 |
this chapter is transferable subject to approval by the | 5186 |
commission. New majority ownership interest orAny change or | 5187 |
transfer of control of a casino operator shall require a new | 5188 |
licensecommission approval. The commission may reopen a licensing | 5189 |
investigation at any time. A significantAny change in or transfer | 5190 |
of control of a casino operator, as determined by the commission, | 5191 |
shall require the filing of an application for a newtransferring | 5192 |
the casino operator license and submission of a licensean | 5193 |
application fee with the commission before any such change or | 5194 |
transfer of control ismay be approved. A change in or transfer of | 5195 |
control to an immediate family member is not considered a | 5196 |
significant change under this sectionAdditionally, the commission | 5197 |
may assess an applicant a reasonable fee in the amount necessary | 5198 |
to review the application for the transfer of a casino operator | 5199 |
license to the applicant. In determining whether to approve the | 5200 |
transfer of a casino operator license to the applicant, the | 5201 |
commission shall consider all the factors established in Chapter | 5202 |
3772. of the Revised Code that pertain to the granting of a casino | 5203 |
operator license. The commission may reopen a licensing | 5204 |
investigation at any time. | 5205 |
(B) All applicants for a license under this chapter shall | 5256 |
establish their suitability for a license by clear and convincing | 5257 |
evidence. If the commission determines that a person is eligible | 5258 |
under this chapter to be issued a license as a casino operator, | 5259 |
management company, holding company, key employee, casino gaming | 5260 |
employee, or gaming-related vendor, the commission shall issue | 5261 |
such license for not more than three years, as determined by | 5262 |
commission rule, if all other requirements of this chapter have | 5263 |
been satisfied. | 5264 |
(D)(1) The commission shall investigate the qualifications of | 5287 |
each applicant under this chapter before any license is issued and | 5288 |
before any finding with regard to acts or transactions for which | 5289 |
commission approval is required is made. The commission shall | 5290 |
continue to observe the conduct of all licensees and all other | 5291 |
persons having a material involvement directly or indirectly with | 5292 |
a casino operator, management company, or holding company to | 5293 |
ensure that licenses are not issued to or held by, or that there | 5294 |
is not any material involvement with a casino operator, management | 5295 |
company, or holding company by, an unqualified, disqualified, or | 5296 |
unsuitable person or a person whose operations are conducted in an | 5297 |
unsuitable manner or in unsuitable or prohibited places or | 5298 |
locations. | 5299 |
(5) If the commission finds an institutional investor to be | 5344 |
unsuitable or unqualified, the commission shall so notify the | 5345 |
investor and the casino operator, holding company, management | 5346 |
company, or gaming-related vendor licensee in which the investor | 5347 |
invested. The commission shall allow the investor and the licensee | 5348 |
a reasonable amount of time, as specified by the commission on a | 5349 |
case-by-case basis, to cure the conditions that caused the | 5350 |
commission to find the investor unsuitable or unqualified. If | 5351 |
during the specified period of time the investor or the licensee | 5352 |
does not or cannot cure the conditions that caused the commission | 5353 |
to find the investor unsuitable or unqualified, the commission may | 5354 |
allow the investor or licensee more time to cure the conditions or | 5355 |
the commission may begin proceedings to deny, suspend, or revoke | 5356 |
the license of the casino operator, holding company, management | 5357 |
company, or gaming-related vendor in which the investor invested | 5358 |
or to deny any of the same the renewal of any such license. | 5359 |
(F) Information provided on the application shall be used as | 5364 |
a basis for a thorough background investigation of each applicant. | 5365 |
A false or incomplete application is cause for denial of a license | 5366 |
by the commission. All applicants and licensees shall consent to | 5367 |
inspections, searches, and seizures and to the disclosure to the | 5368 |
commission and its agents of confidential records, including tax | 5369 |
records, held by any federal, state, or local agency, credit | 5370 |
bureau, or financial institution and to provide handwriting | 5371 |
exemplars, photographs, fingerprints, and information as | 5372 |
authorized in this chapter and in rules adopted by the commission. | 5373 |
(D)(E) Each application for a key employee license shall be | 5395 |
on a form prescribed by the commission and shall contain all | 5396 |
information required by the commission. The applicant shall set | 5397 |
forth in the application if the applicant has been issued prior | 5398 |
gambling-related licenses; if the applicant has been licensed in | 5399 |
any other state under any other name, and, if so, the name under | 5400 |
which the license was issued and the applicant's age at the time | 5401 |
the license was issued; any criminal conviction the applicant has | 5402 |
had; and if a permit or license issued to the applicant in any | 5403 |
other state has been suspended, restricted, or revoked, and, if | 5404 |
so, the cause and the duration of each action. The applicant also | 5405 |
shall complete a cover sheet for the application on which the | 5406 |
applicant shall disclose the applicant's name, the business | 5407 |
address of the casino operator, management company, holding | 5408 |
company, or gaming-related vendor employing the applicant, the | 5409 |
business address and telephone number of such employer, and the | 5410 |
county, state, and country in which the applicant's residence is | 5411 |
located. | 5412 |
(2) A casino operator, management company, or holding company | 5435 |
shall not pay to a person whose employment is terminated under | 5436 |
division (F)(G)(1) of this section, any remuneration for any | 5437 |
services performed in any capacity in which the person is required | 5438 |
to be licensed, except for amounts due for services rendered | 5439 |
before notice was received under that division. A contract or | 5440 |
other agreement for personal services or for the conduct of any | 5441 |
casino gaming at a casino facility between a casino operator, | 5442 |
management company, or holding company and a person whose | 5443 |
employment is terminated under division (F)(G)(1) of this section | 5444 |
may be terminated by the casino operator, management company, or | 5445 |
holding company without further liability on the part of the | 5446 |
casino operator, management company, or holding company. Any such | 5447 |
contract or other agreement is deemed to include a term | 5448 |
authorizing its termination without further liability on the part | 5449 |
of the casino operator, management company, or holding company | 5450 |
upon receiving notice under division (F)(G)(1) of this section. | 5451 |
That a contract or other agreement does not expressly include such | 5452 |
a term is not a defense in any action brought to terminate the | 5453 |
contract or other agreement, and is not grounds for relief in any | 5454 |
action brought questioning termination of the contract or other | 5455 |
agreement. | 5456 |
(3) A casino operator, management company, or holding | 5457 |
company, without having obtained the prior approval of the | 5458 |
commission, shall not enter into any contract or other agreement | 5459 |
with a person who has been found unsuitable, who has been denied a | 5460 |
license, or whose license has been revoked under division | 5461 |
(F)(G)(1) of this section, or with any business enterprise under | 5462 |
the control of such a person, after the date on which the casino | 5463 |
operator, management company, or holding company receives notice | 5464 |
under that division. | 5465 |
(D) The individual's name, the individual's place of | 5525 |
employment, the individual's job title, and the individual's | 5526 |
gaming experience that is provided for an individual who holds, | 5527 |
held, or has applied for a license under this chapter is not | 5528 |
confidential. The reason for denial or revocation of a license or | 5529 |
for disciplinary action against the individual and information | 5530 |
submitted by the individual for a felony waiver request is not | 5531 |
confidential. The cover sheet completed by an applicant for a key | 5532 |
employee license under section 3772.13 of the Revised Code is not | 5533 |
confidential. | 5534 |
(E) Confidential information received by the commission from | 5538 |
another jurisdiction relating to a person who holds, held, or has | 5539 |
applied for a license under this chapter is confidential and not | 5540 |
subject to disclosure as a public record under section 149.43 of | 5541 |
the Revised Code. The commission may share the information | 5542 |
referenced in this division with, or disclose the information to, | 5543 |
the inspector general, any appropriate prosecuting authority, any | 5544 |
law enforcement agency, or any other appropriate governmental or | 5545 |
licensing agency, if the agency that receives the information | 5546 |
complies with the same requirements regarding confidentiality as | 5547 |
those with which the commission must comply. | 5548 |
Sec. 3772.17. (A) The upfront license fee to obtain a license | 5549 |
as a casino operator shall be fifty million dollars per casino | 5550 |
facility, whichand shall be paid upon each initial casino | 5551 |
operator's filing of its casino operator license application with | 5552 |
the commission. The upfront license fee, once paid to the | 5553 |
commission, shall be deposited into the economic development | 5554 |
programs fund, which is created in the state treasury. New casino | 5555 |
operator, management company, and holding company license and | 5556 |
renewal license fees shall be set by rule, subject to the review | 5557 |
of the joint committee on gaming and wagering. The upfront license | 5558 |
fee charged by this division shall not be assessed on the transfer | 5559 |
of a casino operator license to a new casino operator if approved | 5560 |
by the commission as set forth in section 3772.091 of the Revised | 5561 |
Code. | 5562 |
(C) Notwithstanding divisions (A) and (B) of this section, a | 5608 |
licensed casino operator may enter into one or more debt | 5609 |
transactions with affiliated companies provided the aggregate | 5610 |
amount of all such debt transactions at any one time does not | 5611 |
exceed ten million dollars. When a licensed casino operator | 5612 |
intends to enter into such a debt transaction with an affiliated | 5613 |
company, the licensed casino operator shall provide immediate | 5614 |
notification, in writing, to the commission. The commission is | 5615 |
entitled to require prior approval of the debt transaction if the | 5616 |
commission provides notice to the licensed casino operator within | 5617 |
seven days after receiving the notification. In determining | 5618 |
whether to approve such a debt transaction, the commission may | 5619 |
require the licensed casino operator to submit the information | 5620 |
specified in division (A) of this section. The commission may | 5621 |
adopt rules governing its review and approval of such debt | 5622 |
transactions. For the purposes of this division, "affiliated | 5623 |
companies" means any holding company or institutional investor or | 5624 |
any individual, partnership, corporation, association, trust, or | 5625 |
any other group of individuals, however organized, which directly | 5626 |
or indirectly owns, has the power or right to control, or holds | 5627 |
with the power to vote, an ownership interest in a licensed casino | 5628 |
operator. | 5629 |
(1) Offers, promises, or gives anything of value or benefit | 5670 |
to a person who is connected with the casino operator, management | 5671 |
company, holding company, or gaming-related vendor, including | 5672 |
their officers and employees, under an agreement to influence or | 5673 |
with the intent to influence the actions of the person to whom the | 5674 |
offer, promise, or gift was made in order to affect or attempt to | 5675 |
affect the outcome of a casino game or an official action of a | 5676 |
commission member; | 5677 |
(12)(10) Possesses a key or device designed for opening, | 5715 |
entering, or affecting the operation of a casino game, drop box, | 5716 |
or an electronic or a mechanical device connected with the casino | 5717 |
game or removing coins, tokens, chips, or other contents of a | 5718 |
casino game. This division does not apply to a casino operator, | 5719 |
management company, or gaming-related vendor or their agents and | 5720 |
employees in the course of agency or employment. | 5721 |
(1) Offers, promises, or gives anything of value or benefit | 5738 |
to a person who is connected with the casino operator, management | 5739 |
company, holding company, or gaming-related vendor, including | 5740 |
their officers and employees, under an agreement to influence or | 5741 |
with the intent to influence the actions of the person to whom the | 5742 |
offer, promise, or gift was made in order to affect or attempt to | 5743 |
affect the outcome of a casino game or an official action of a | 5744 |
commission member, agent, or employee; | 5745 |
(2) Solicits, accepts, or receives a promise of anything of | 5746 |
value or benefit while the person is connected with a casino, | 5747 |
including an officer or employee of a casino operator, management | 5748 |
company, or gaming-related vendor, under an agreement to influence | 5749 |
or with the intent to influence the actions of the person to | 5750 |
affect or attempt to affect the outcome of a casino game or an | 5751 |
official action of a commission member, agent, or employee; | 5752 |
Sec. 4301.03. The liquor control commission may adopt and | 5756 |
promulgate, repeal, rescind, and amend, in the manner required by | 5757 |
this section, rules, standards, requirements, and orders necessary | 5758 |
to carry out this chapter and Chapter 4303. of the Revised Code, | 5759 |
but all rules of the board of liquor control that were in effect | 5760 |
immediately prior to April 17, 1963, shall remain in full force | 5761 |
and effect as rules of the liquor control commission until and | 5762 |
unless amended or repealed by the liquor control commission. The | 5763 |
rules of the commission may include the following: | 5764 |
(B) Rules and orders providing in detail for the conduct of | 5770 |
any retail business authorized under permits issued pursuant to | 5771 |
this chapter and Chapter 4303. of the Revised Code, with a view to | 5772 |
ensuring compliance with those chapters and laws relative to them, | 5773 |
and the maintenance of public decency, sobriety, and good order in | 5774 |
any place licensed under the permits. No rule or order shall | 5775 |
prohibit the operation of video lottery terminal games at a | 5776 |
commercial race track where live horse racing and simulcasting are | 5777 |
conducted in accordance with Chapter 3769. of the Revised Code or | 5778 |
the sale of lottery tickets issued pursuant to Chapter 3770. of | 5779 |
the Revised Code by any retail business authorized under permits | 5780 |
issued pursuant to that chapter. | 5781 |
No rule or order shall prohibit pari-mutuel wagering on | 5782 |
simulcast horse races at a satellite facility that has been issued | 5783 |
a D liquor permit under Chapter 4303. of the Revised Code. No rule | 5784 |
or order shall prohibit a charitable organization that holds a D-4 | 5785 |
permit from selling or serving beer or intoxicating liquor under | 5786 |
its permit in a portion of its premises merely because that | 5787 |
portion of its premises is used at other times for the conduct of | 5788 |
a bingo game, as described in division (S)(O) of section 2915.01 | 5789 |
of the Revised Code. However, such an organization shall not sell | 5790 |
or serve beer or intoxicating liquor or permit beer or | 5791 |
intoxicating liquor to be consumed or seen in the same location in | 5792 |
its premises where a bingo game, as described in division | 5793 |
(S)(O)(1) of section 2915.01 of the Revised Code, is being | 5794 |
conducted while the game is being conducted. As used in this | 5795 |
division, "charitable organization" has the same meaning as in | 5796 |
division (H) of section 2915.01 of the Revised Code. No rule or | 5797 |
order pertaining to visibility into the premises of a permit | 5798 |
holder after the legal hours of sale shall be adopted or | 5799 |
maintained by the commission. | 5800 |
(D) Rules determining the nature, form, and capacity of all | 5805 |
packages and bottles to be used for containing beer or | 5806 |
intoxicating liquor, except for spirituous liquor to be kept or | 5807 |
sold, governing the form of all seals and labels to be used on | 5808 |
those packages and bottles, and requiring the label on every | 5809 |
package, bottle, and container to state the ingredients in the | 5810 |
contents and, except on beer, the terms of weight, volume, or | 5811 |
proof spirits, and whether the same is beer, wine, alcohol, or any | 5812 |
intoxicating liquor except for spirituous liquor; | 5813 |
(I) Rules requiring permit holders buying beer to pay and | 5830 |
permit holders selling beer to collect minimum cash deposits for | 5831 |
kegs, cases, bottles, or other returnable containers of the beer; | 5832 |
requiring the repayment, or credit, of the minimum cash deposit | 5833 |
charges upon the return of the empty containers; and requiring the | 5834 |
posting of such form of indemnity or such other conditions with | 5835 |
respect to the charging, collection, and repayment of minimum cash | 5836 |
deposit charges for returnable containers of beer as are necessary | 5837 |
to ensure the return of the empty containers or the repayment upon | 5838 |
that return of the minimum cash deposits paid; | 5839 |
Every rule, standard, requirement, or order of the commission | 5844 |
and every repeal, amendment, or rescission of them shall be posted | 5845 |
for public inspection in the principal office of the commission | 5846 |
and the principal office of the division of liquor control, and a | 5847 |
certified copy of them shall be filed in the office of the | 5848 |
secretary of state. An order applying only to persons named in it | 5849 |
shall be served on the persons affected by personal delivery of a | 5850 |
certified copy, or by mailing a certified copy to each person | 5851 |
affected by it or, in the case of a corporation, to any officer or | 5852 |
agent of the corporation upon whom a service of summons may be | 5853 |
served in a civil action. The posting and filing required by this | 5854 |
section constitutes sufficient notice to all persons affected by | 5855 |
such rule or order which is not required to be served. General | 5856 |
rules of the commission promulgated pursuant to this section shall | 5857 |
be published in the manner the commission determines. | 5858 |
(B) No rule or order of the division or commission shall | 5886 |
prohibit a charitable organization that holds a D-4 permit from | 5887 |
selling or serving beer or intoxicating liquor under its permit in | 5888 |
a portion of its premises merely because that portion of its | 5889 |
premises is used at other times for the conduct of a bingo game as | 5890 |
described in division (S)(O)(1) of section 2915.01 of the Revised | 5891 |
Code. However, such an organization shall not sell or serve beer | 5892 |
or intoxicating liquor or permit beer or intoxicating liquor to be | 5893 |
consumed or seen in the same location in its premises where a | 5894 |
bingo game as described in division (S)(O)(1) of section 2915.01 | 5895 |
of the Revised Code is being conducted while the game is being | 5896 |
conducted. As used in this division, "charitable organization" has | 5897 |
the same meaning as in division (H) of section 2915.01 of the | 5898 |
Revised Code. | 5899 |
(2) Bad debts from receipts on the basis of which the tax | 5925 |
imposed by this chapter was paid in a prior tax period to the | 5926 |
extent not previously excluded. For the purpose of this division, | 5927 |
"bad debts" means any debts that have become worthless or | 5928 |
uncollectible in a prior tax period, have been uncollected for at | 5929 |
least six months, and that may be claimed as a deduction under | 5930 |
section 166 of the Internal Revenue Code and the regulations | 5931 |
adopted under that section, or that could be claimed as such if | 5932 |
the taxpayer kept its accounts on the accrual basis. "Bad debts" | 5933 |
does not include repossessed property, uncollectible amounts on | 5934 |
property that remains in the possession of the casino operator | 5935 |
until the full purchase price is paid, or expenses in attempting | 5936 |
to collect any account receivable or for any portion of the debt | 5937 |
recovered. | 5938 |
Section 2. That existing sections 122.014, 173.121, 2505.09, | 6016 |
2505.12, 2915.01, 2915.02, 2915.06, 2915.08, 2915.09, 2915.091, | 6017 |
2915.092, 2915.093, 2915.094, 2915.10, 2915.101, 2915.12, 2923.31, | 6018 |
2933.51, 3301.0714, 3769.08, 3769.087, 3769.089, 3769.201, | 6019 |
3769.21, 3770.02, 3770.05, 3770.07, 3770.071, 3770.21, 3772.01, | 6020 |
3772.03, 3772.04, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, | 6021 |
3772.28, 3772.99, 4301.03, 4303.17, 5753.01, and 5753.03, and | 6022 |
section 3772.14 of the Revised Code are hereby repealed. | 6023 |
(B) Of the foregoing appropriation item 195526, Ohio | 6037 |
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and | 6038 |
up to $30,000,000 in fiscal year 2013 shall be used to support the | 6039 |
Ohio Incumbent Workforce Training Voucher Program. Any unexpended | 6040 |
and unencumbered portion of the appropriation item remaining at | 6041 |
the end of fiscal year 2012 is hereby appropriated for the same | 6042 |
purpose in fiscal year 2013. The Director of Development and the | 6043 |
Chief Investment Officer of JobsOhio may enter into an agreement | 6044 |
to operate the program pursuant to the contract between the | 6045 |
Department of Development and JobsOhio under section 187.04 of the | 6046 |
Revised Code. The agreement may include a provision for granting, | 6047 |
loaning, or transferring funds from appropriation item 195526, | 6048 |
Ohio Incumbent Workforce Job Training, to JobsOhio to provide | 6049 |
training for incumbent workers. | 6050 |
The foregoing appropriation item 195622, Defense Development | 6074 |
Assistance, shall be used for economic development programs and | 6075 |
the creation of new jobs to leverage and support mission gains at | 6076 |
Department of Defense facilities in Ohio by working with future | 6077 |
base realignment and closure activities and ongoing Department of | 6078 |
Defense efficiency initiatives, assisting efforts to secure | 6079 |
Department of Defense support contracts for Ohio companies, | 6080 |
assessing and supporting regional job training and workforce | 6081 |
development needs generated by the Department of Defense and the | 6082 |
Ohio aerospace industry, and for expanding job training and | 6083 |
economic development programs in human performance related | 6084 |
initiatives. These funds shall be matched by private industry | 6085 |
partners or the Department of Defense in an aggregate amount of | 6086 |
$6,000,000 over the FY 2012-FY 2013 biennium. | 6087 |
(B) The State Racing Commission, subject to division (D) of | 6109 |
this section, shall give preference to transfer proposals | 6110 |
involving moves to locations in which neither horse-racing | 6111 |
meetings nor casino gaming have been authorized before July 1, | 6112 |
2011. A permit holder that is authorized to transfer its track | 6113 |
under this section and that is a video lottery sales agent may | 6114 |
operate at a temporary facility at its new location while | 6115 |
constructing or otherwise preparing its new track at that | 6116 |
location. A permit holder that is not transferring its track and | 6117 |
is remaining at its permitted location and that is a video lottery | 6118 |
sales agent may operate a temporary facility at its permitted | 6119 |
location while constructing or otherwise preparing its permanent | 6120 |
video lottery terminal facility at its track. A temporary | 6121 |
facility, either at a new track location or an existing track | 6122 |
location of a track that does not transfer its track, shall meet | 6123 |
any minimal capital investment and structure requirements | 6124 |
established by rule by the State Racing Commission in conjunction | 6125 |
with the State Lottery Commission. | 6126 |
Section 8. (A) The Governor is authorized to execute a deed | 6167 |
in the name of the state conveying to Lebanon Trotting Club, Inc., | 6168 |
and Miami Valley Trotting, Inc., the holders of pari-mutuel racing | 6169 |
permits issued by the State Racing Commission, or to their | 6170 |
respective successors and assigns (hereinafter collectively | 6171 |
referred to as the "grantee"), all of the state's right, title, | 6172 |
and interest in the following described real estate: | 6173 |
Situated in Turtlecreek Township, City of Lebanon, County of | 6174 |
Warren, State of Ohio and being part of Warren County Parcel Nos. | 6175 |
11064000140 and 12363000030, which land is situated at the | 6176 |
northeast corner of the intersection of State Route 63 and Union | 6177 |
Road, and is bounded to the west by Union Road, to the south by | 6178 |
Route 63, and to the east by a private roadway used by the | 6179 |
Department of Rehabilitation and Correction for ingress and egress | 6180 |
from Route 63 to the Lebanon Correctional Institution's dairy | 6181 |
barn. The northerly boundary shall be established by a survey | 6182 |
designed to ensure that the land to be conveyed does not exceed | 6183 |
one hundred twenty acres. | 6184 |
(H) The Auditor of State, with the assistance of the Attorney | 6225 |
General, shall prepare a deed to the real estate. The deed shall | 6226 |
state the consideration and the conditions. The deed shall be | 6227 |
executed by the Governor in the name of the state, countersigned | 6228 |
by the Secretary of State, sealed with the Great Seal of the | 6229 |
State, presented in the Office of the Auditor of State for | 6230 |
recording, and delivered to the grantee. The grantee shall present | 6231 |
the deed for recording in the Office of the Warren County | 6232 |
Recorder. | 6233 |
(C) There is hereby created in the state treasury the | 6250 |
Racetrack Facility Community Economic Redevelopment Fund into | 6251 |
which shall be deposited moneys as specified by this section and | 6252 |
rules promulgated by the State Racing Commission. The fund shall | 6253 |
be used for repurposing or demolishing of an abandoned | 6254 |
horse-racing facility or reinvestment in the area, neighborhood, | 6255 |
and community near an abandoned facility. Any remaining funds | 6256 |
shall be transferred to the General Revenue Fund. Upon the | 6257 |
allocation of all the money in the fund in accordance with this | 6258 |
section, the fund shall cease to exist. | 6259 |
(D) The Director of Development or any successor department | 6260 |
or agency shall oversee and administer the Racetrack Facility | 6261 |
Community Economic Redevelopment Fund for the purpose of the | 6262 |
repurposing or demolishing of an abandoned horse-racing facility | 6263 |
or reinvestment in the area, neighborhood, and community near an | 6264 |
abandoned facility through loans and grants. The Director shall | 6265 |
provide guidelines for racetrack facility community economic | 6266 |
development projects in the state. Projects may include, but are | 6267 |
not limited to, site planning, site certification, structure | 6268 |
demolition, physical site redevelopment, relocation of utilities, | 6269 |
or construction. Projects shall not incorporate acquisition and | 6270 |
related expense. Moneys in the fund may be used to pay reasonable | 6271 |
costs incurred by the Director in administering this section. | 6272 |
The foregoing appropriation item 195XXX, Racetrack Facility | 6294 |
Community Economic Redevelopment Fund, shall be used for the | 6295 |
purpose of the repurposing or demolishing of an abandoned | 6296 |
horse-racing facility or reinvestment in the area, neighborhood, | 6297 |
and community near an abandoned facility. Any unexpended and | 6298 |
unencumbered portion of this appropriation item at the end of | 6299 |
fiscal year 2012 is hereby reappropriated for the same purpose in | 6300 |
fiscal year 2013. Revenue in the fund may be used to pay | 6301 |
reasonable costs incurred by the Director of Development in | 6302 |
administering the program. | 6303 |
Section 11. Notwithstanding any provision in law to the | 6304 |
contrary, the Director of Alcohol and Drug Addiction Services | 6305 |
shall complete a study to identify the current status of gaming | 6306 |
addiction problems within the state. In fiscal year 2013, the | 6307 |
Director may certify to the Director of Budget and Management the | 6308 |
cost, not exceeding two hundred fifty thousand dollars, incurred | 6309 |
by the Department of Alcohol and Drug Addiction Services in | 6310 |
conducting the gaming addiction study. In response to receiving | 6311 |
this certification, the Director of Budget and Management may | 6312 |
transfer the cost of the study in cash to the Problem Casino and | 6313 |
Gambling Addictions Fund (Fund 5JL0) to reimburse the fund for | 6314 |
costs incurred in conducting the study. | 6315 |