(H) Except as otherwise provided in this chapter, "charitable | 55 |
organization" means any tax exempt religious, educational, | 56 |
veteran's, fraternal, sporting, service, nonprofit medical, | 57 |
volunteer rescue service, volunteer firefighter's, senior | 58 |
citizen's, historic railroad educational, youth athletic, amateur | 59 |
athletic, or youth athletic park organization. An organization is | 60 |
tax exempt if the organization is, and has received from the | 61 |
internal revenue service a determination letter that currently is | 62 |
in effect stating that the organization is, exempt from federal | 63 |
income taxation under subsection 501(a) and described in | 64 |
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 65 |
501(c)(19) of the Internal Revenue Code, or if the organization is | 66 |
a sporting organization that is exempt from federal income | 67 |
taxation under subsection 501(a) and is described in subsection | 68 |
501(c)(7) of the Internal Revenue Code. To qualify as a charitable | 69 |
organization, an organization, except a volunteer rescue service | 70 |
or volunteer firefighter's organization, shall have been in | 71 |
continuous existence as such in this state for a period of two | 72 |
years immediately preceding either the making of an application | 73 |
for a bingo license under section 2915.08 of the Revised Code or | 74 |
the conducting of any game of chance as provided in division (D) | 75 |
of section 2915.02 of the Revised Code. A charitable organization | 76 |
that is exempt from federal income taxation under subsection | 77 |
501(a) and described in subsection 501(c)(3) of the Internal | 78 |
Revenue Code and that is created by a veteran's organization, a | 79 |
fraternal organization, or a sporting organization does not have | 80 |
to have been in continuous existence as such in this state for a | 81 |
period of two years immediately preceding either the making of an | 82 |
application for a bingo license under section 2915.08 of the | 83 |
Revised Code or the conducting of any game of chance as provided | 84 |
in division (D) of section 2915.02 of the Revised Code. | 85 |
(K) "Veteran's organization" means any individual post or | 95 |
state headquarters of a national veteran's association or an | 96 |
auxiliary unit of any individual post of a national veteran's | 97 |
association, which post, state headquarters, or auxiliary unit is | 98 |
incorporated as a nonprofit corporation and either has received a | 99 |
letter from the state headquarters of the national veteran's | 100 |
association indicating that the individual post or auxiliary unit | 101 |
is in good standing with the national veteran's association or has | 102 |
received a letter from the national veteran's association | 103 |
indicating that the state headquarters is in good standing with | 104 |
the national veteran's association. As used in this division, | 105 |
"national veteran's association" means any veteran's association | 106 |
that has been in continuous existence as such for a period of at | 107 |
least five years and either is incorporated by an act of the | 108 |
United States congress or has a national dues-paying membership of | 109 |
at least five thousand persons. | 110 |
(M) "Fraternal organization" means any society, order, state | 117 |
headquarters, or association within this state, except a college | 118 |
or high school fraternity, that is not organized for profit, that | 119 |
is a branch, lodge, or chapter of a national or state | 120 |
organization, that exists exclusively for the common business or | 121 |
sodality of its members. | 122 |
(1) Any organization, not organized for profit, that is | 128 |
organized and operated exclusively to provide, or to contribute to | 129 |
the support of organizations or institutions organized and | 130 |
operated exclusively to provide, medical and therapeutic services | 131 |
for persons who are crippled, born with birth defects, or have any | 132 |
other mental or physical defect or those organized and operated | 133 |
exclusively to protect, or to contribute to the support of | 134 |
organizations or institutions organized and operated exclusively | 135 |
to protect, animals from inhumane treatment or provide immediate | 136 |
shelter to victims of domestic violence; | 137 |
(2) Any organization that is described in subsection | 138 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 139 |
and is either a governmental unit or an organization that is tax | 140 |
exempt under subsection 501(a) and described in subsection | 141 |
501(c)(3) of the Internal Revenue Code and that is an | 142 |
organization, not organized for profit, that is organized and | 143 |
operated primarily to provide, or to contribute to the support of | 144 |
organizations or institutions organized and operated primarily to | 145 |
provide, medical and therapeutic services for persons who are | 146 |
crippled, born with birth defects, or have any other mental or | 147 |
physical defect. | 148 |
(2) Any organization that is described and qualified under | 157 |
subsection 501(c)(3) of the Internal Revenue Code, that has been | 158 |
incorporated as a nonprofit corporation for at least five years, | 159 |
and that has continuously operated and will be operated primarily | 160 |
to provide, or to contribute to the support of organizations or | 161 |
institutions organized and operated primarily to provide, | 162 |
hospital, medical, research, or therapeutic services for the | 163 |
public. | 164 |
(c) A bingo game operator announces combinations of letters | 188 |
and numbers that appear on objects that a bingo game operator | 189 |
selects by chance, either manually or mechanically, from a | 190 |
receptacle that contains seventy-five objects at the beginning of | 191 |
each game, each object marked by a different combination of a | 192 |
letter and a number that corresponds to one of the seventy-five | 193 |
possible combinations of a letter and a number that can appear on | 194 |
the bingo cards or sheets. | 195 |
(U) "Bingo game operator" means any person, except security | 207 |
personnel, who performs work or labor at the site of bingo, | 208 |
including, but not limited to, collecting money from participants, | 209 |
handing out bingo cards or sheets or objects to cover spaces on | 210 |
bingo cards or sheets, selecting from a receptacle the objects | 211 |
that contain the combination of letters and numbers that appear on | 212 |
bingo cards or sheets, calling out the combinations of letters and | 213 |
numbers, distributing prizes, selling or redeeming instant bingo | 214 |
tickets or cards, supervising the operation of a punch board, | 215 |
selling raffle tickets, selecting raffle tickets from a receptacle | 216 |
and announcing the winning numbers in a raffle, having access to | 217 |
or performing any function in the operation of charitable | 218 |
electronic instant bingo, and preparing, selling, and serving food | 219 |
or beverages. | 220 |
(X) "Gross receipts" means all money or assets, including | 230 |
admission fees, that a person receives from bingo without the | 231 |
deduction of any amounts for prizes paid out or for the expenses | 232 |
of conducting bingo. "Gross receipts" does not include any money | 233 |
directly taken in from the sale of food or beverages by a | 234 |
charitable organization conducting bingo, or by a bona fide | 235 |
auxiliary unit or society of a charitable organization conducting | 236 |
bingo, provided all of the following apply: | 237 |
(Y) "Security personnel" includes any person who either is a | 246 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 247 |
constable, or member of an organized police department of a | 248 |
municipal corporation or has successfully completed a peace | 249 |
officer's training course pursuant to sections 109.71 to 109.79 of | 250 |
the Revised Code and who is hired to provide security for the | 251 |
premises on which bingo is conducted. | 252 |
(2) A veteran's organization that is a post, chapter, or | 261 |
organization of veterans, or an auxiliary unit or society of, or a | 262 |
trust or foundation for, any such post, chapter, or organization | 263 |
organized in the United States or any of its possessions, at least | 264 |
seventy-five per cent of the members of which are veterans and | 265 |
substantially all of the other members of which are individuals | 266 |
who are spouses, widows, or widowers of veterans, or such | 267 |
individuals, provided that no part of the net earnings of such | 268 |
post, chapter, or organization inures to the benefit of any | 269 |
private shareholder or individual, and further provided that the | 270 |
net profit is used by the post, chapter, or organization for the | 271 |
charitable purposes set forth in division (B)(12) of section | 272 |
5739.02 of the Revised Code, is used for awarding scholarships to | 273 |
or for attendance at an institution mentioned in division (B)(12) | 274 |
of section 5739.02 of the Revised Code, is donated to a | 275 |
governmental agency, or is used for nonprofit youth activities, | 276 |
the purchase of United States or Ohio flags that are donated to | 277 |
schools, youth groups, or other bona fide nonprofit organizations, | 278 |
promotion of patriotism, or disaster relief; | 279 |
(3) A fraternal organization that has been in continuous | 280 |
existence in this state for fifteen years and that uses the net | 281 |
profit exclusively for religious, charitable, scientific, | 282 |
literary, or educational purposes, or for the prevention of | 283 |
cruelty to children or animals, if contributions for such use | 284 |
would qualify as a deductible charitable contribution under | 285 |
subsection 170 of the Internal Revenue Code; | 286 |
(BB) "Youth athletic organization" means any organization, | 292 |
not organized for profit, that is organized and operated | 293 |
exclusively to provide financial support to, or to operate, | 294 |
athletic activities for persons who are twenty-one years of age or | 295 |
younger by means of sponsoring, organizing, operating, or | 296 |
contributing to the support of an athletic team, club, league, or | 297 |
association. | 298 |
(a) The playing fields are used at least one hundred days per | 304 |
year for athletic activities by one or more organizations, not | 305 |
organized for profit, each of which is organized and operated | 306 |
exclusively to provide financial support to, or to operate, | 307 |
athletic activities for persons who are eighteen years of age or | 308 |
younger by means of sponsoring, organizing, operating, or | 309 |
contributing to the support of an athletic team, club, league, or | 310 |
association. | 311 |
(EE) "Bingo supplies" means bingo cards or sheets; instant | 324 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 325 |
punch boards; seal cards; instant bingo ticket dispensers; | 326 |
charitable electronic instant bingo; and devices for selecting or | 327 |
displaying the combination of bingo letters and numbers or raffle | 328 |
tickets. Items that are "bingo supplies" are not gambling devices | 329 |
if sold or otherwise provided, and used, in accordance with this | 330 |
chapter. For purposes of this chapter, "bingo supplies" are not to | 331 |
be considered equipment used to conduct a bingo game. | 332 |
(FF) "Instant bingo" means a form of bingo that uses folded | 333 |
or banded tickets or paper cards with perforated break-open tabs, | 334 |
a face of which is covered or otherwise hidden from view to | 335 |
conceal a number, letter, or symbol, or set of numbers, letters, | 336 |
or symbols, some of which have been designated in advance as prize | 337 |
winners. "Instant bingo" includes seal cards and charitable | 338 |
electronic instant bingo. "Instant bingo" does not include any | 339 |
device that is activated by the insertion of a coin, currency, | 340 |
token, or an equivalent, and that contains as one of its | 341 |
components a video display monitor that is capable of displaying | 342 |
numbers, letters, symbols, or characters in winning or losing | 343 |
combinations. | 344 |
(HH) "Raffle" means a form of bingo in which the one or more | 349 |
prizes are won by one or more persons who have purchased a raffle | 350 |
ticket. The one or more winners of the raffle are determined by | 351 |
drawing a ticket stub or other detachable section from a | 352 |
receptacle containing ticket stubs or detachable sections | 353 |
corresponding to all tickets sold for the raffle. "Raffle" does | 354 |
not include the drawing of a ticket stub or other detachable | 355 |
section of a ticket purchased to attend a professional sporting | 356 |
event if both of the following apply: | 357 |
(II) "Punch board" means a board containing a number of holes | 364 |
or receptacles of uniform size in which are placed, mechanically | 365 |
and randomly, serially numbered slips of paper that may be punched | 366 |
or drawn from the hole or receptacle when used in conjunction with | 367 |
instant bingo. A player may punch or draw the numbered slips of | 368 |
paper from the holes or receptacles and obtain the prize | 369 |
established for the game if the number drawn corresponds to a | 370 |
winning number or, if the punch board includes the use of a seal | 371 |
card, a potential winning number. | 372 |
(11) Expenses for maintaining and operating a charitable | 390 |
organization's facilities, including, but not limited to, a post | 391 |
home, club house, lounge, tavern, or canteen and any grounds | 392 |
attached to the post home, club house, lounge, tavern, or canteen; | 393 |
(XX) "Charitable instant bingo organization" means an | 480 |
organization that is exempt from federal income taxation under | 481 |
subsection 501(a) and described in subsection 501(c)(3) of the | 482 |
Internal Revenue Code and is a charitable organization as defined | 483 |
in this section. A "charitable instant bingo organization" does | 484 |
not include a charitable organization that is exempt from federal | 485 |
income taxation under subsection 501(a) and described in | 486 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 487 |
created by a veteran's organization, a fraternal organization, or | 488 |
a sporting organization in regards to bingo conducted or assisted | 489 |
by a veteran's organization, a fraternal organization, or a | 490 |
sporting organization pursuant to section 2915.13 of the Revised | 491 |
Code. | 492 |
(ZZ) "Historic railroad educational organization" means an | 506 |
organization that is exempt from federal income taxation under | 507 |
subsection 501(a) and described in subsection 501(c)(3) of the | 508 |
Internal Revenue Code, that owns in fee simple the tracks and the | 509 |
right-of-way of a historic railroad that the organization restores | 510 |
or maintains and on which the organization provides excursions as | 511 |
part of a program to promote tourism and educate visitors | 512 |
regarding the role of railroad transportation in Ohio history, and | 513 |
that received as donations from a charitable organization that | 514 |
holds a license to conduct bingo under this chapter an amount | 515 |
equal to at least fifty per cent of that licensed charitable | 516 |
organization's net proceeds from the conduct of bingo during each | 517 |
of the five years preceding June 30, 2003. "Historic railroad" | 518 |
means all or a portion of the tracks and right-of-way of a | 519 |
railroad that was owned and operated by a for-profit common | 520 |
carrier in this state at any time prior to January 1, 1950. | 521 |
(c) To the extent that the machine is used in a contest, | 573 |
competition, or tournament, that contest, competition, or | 574 |
tournament has a defined starting and ending date and is open to | 575 |
participants in competition for scoring and ranking results toward | 576 |
the awarding of redeemable vouchers or merchandise prizes that are | 577 |
stated prior to the start of the contest, competition, or | 578 |
tournament. | 579 |
(EEE) "Sporting organization" means a hunting, fishing, or | 599 |
trapping organization, other than a college or high school | 600 |
fraternity or sorority, that is not organized for profit, that is | 601 |
affiliated with a state or national sporting organization, | 602 |
including but not limited to, the Ohio league of sportsmen, and | 603 |
that has been in continuous existence in this state for a period | 604 |
of three years. | 605 |
(GGG) "Charitable electronic instant bingo" means any | 608 |
electronic gaming device determined to be a class II or class III | 609 |
device under the "Indian Gaming Regulatory Act," 25 U.S.C. 2701 et | 610 |
seq., for which a valid charitable bingo license has been issued | 611 |
to a veterans, fraternal, or sporting organization, and from which | 612 |
a percentage of the net profits is transferred to a charitable | 613 |
purpose established in section 2915.101 of the Revised Code. | 614 |
Sec. 2915.08. (A)(1) Annually before the first day of | 615 |
January, a charitable organization that desires to conduct bingo, | 616 |
instant bingo at a bingo session, or instant bingo other than at a | 617 |
bingo session, or charitable electronic instant bingo shall make | 618 |
out, upon a form to be furnished by the attorney general for that | 619 |
purpose, an application for a license to conduct bingo, instant | 620 |
bingo at a bingo session, or instant bingo other than at a bingo | 621 |
session, or charitable electronic instant bingo and deliver that | 622 |
application to the attorney general together with a license fee as | 623 |
follows: | 624 |
(b) For a license for the conduct of instant bingo at a bingo | 627 |
session or, instant bingo other than at a bingo session, or | 628 |
charitable electronic instant bingo for a charitable organization | 629 |
that previously has not been licensed under this chapter to | 630 |
conduct instant bingo at a bingo session or, instant bingo other | 631 |
than at a bingo session, or charitable electronic instant bingo, a | 632 |
license fee of five hundred dollars, and for any other charitable | 633 |
organization, a license fee that is based upon the gross profits | 634 |
received by the charitable organization from the operation of | 635 |
instant bingo at a bingo session or, instant bingo other than at a | 636 |
bingo session, or charitable electronic instant bingo, during the | 637 |
one-year period ending on the thirty-first day of October of the | 638 |
year immediately preceding the year for which the license is | 639 |
sought, and that is one of the following: | 640 |
(c) The location at which the organization will conduct | 674 |
bingo, which location shall be within the county in which the | 675 |
principal place of business of the applicant is located, the days | 676 |
of the week and the times on each of those days when bingo will be | 677 |
conducted, whether the organization owns, leases, or subleases the | 678 |
premises, and a copy of the rental agreement if it leases or | 679 |
subleases the premises; | 680 |
(d) A statement of the applicant's previous history, record, | 681 |
and association that is sufficient to establish that the applicant | 682 |
is a charitable organization, and a copy of a determination letter | 683 |
that is issued by the Internal Revenue Service and states that the | 684 |
organization is tax exempt under subsection 501(a) and described | 685 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 686 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 687 |
(h) If the applicant is a charitable trust as defined in | 700 |
section 109.23 of the Revised Code, a statement as to whether it | 701 |
has registered with the attorney general pursuant to section | 702 |
109.26 of the Revised Code or filed annual reports pursuant to | 703 |
section 109.31 of the Revised Code, and, if it is not required to | 704 |
do either, the exemption in section 109.26 or 109.31 of the | 705 |
Revised Code that applies to it; | 706 |
(i) If the applicant is a charitable organization as defined | 707 |
in section 1716.01 of the Revised Code, a statement as to whether | 708 |
it has filed with the attorney general a registration statement | 709 |
pursuant to section 1716.02 of the Revised Code and a financial | 710 |
report pursuant to section 1716.04 of the Revised Code, and, if it | 711 |
is not required to do both, the exemption in section 1716.03 of | 712 |
the Revised Code that applies to it; | 713 |
(j) In the case of an applicant seeking to qualify as a youth | 714 |
athletic park organization, a statement issued by a board or body | 715 |
vested with authority under Chapter 755. of the Revised Code for | 716 |
the supervision and maintenance of recreation facilities in the | 717 |
territory in which the organization is located, certifying that | 718 |
the playing fields owned by the organization were used for at | 719 |
least one hundred days during the year in which the statement is | 720 |
issued, and were open for use to all residents of that territory, | 721 |
regardless of race, color, creed, religion, sex, or national | 722 |
origin, for athletic activities by youth athletic organizations | 723 |
that do not discriminate on the basis of race, color, creed, | 724 |
religion, sex, or national origin, and that the fields were not | 725 |
used for any profit-making activity at any time during the year. | 726 |
That type of board or body is authorized to issue the statement | 727 |
upon request and shall issue the statement if it finds that the | 728 |
applicant's playing fields were so used. | 729 |
(3) The attorney general, within thirty days after receiving | 730 |
a timely filed application from a charitable organization that has | 731 |
been issued a license under this section that has not expired and | 732 |
has not been revoked or suspended, shall send a temporary permit | 733 |
to the applicant specifying the date on which the application was | 734 |
filed with the attorney general and stating that, pursuant to | 735 |
section 119.06 of the Revised Code, the applicant may continue to | 736 |
conduct bingo until a new license is granted or, if the | 737 |
application is rejected, until fifteen days after notice of the | 738 |
rejection is mailed to the applicant. The temporary permit does | 739 |
not affect the validity of the applicant's application and does | 740 |
not grant any rights to the applicant except those rights | 741 |
specifically granted in section 119.06 of the Revised Code. The | 742 |
issuance of a temporary permit by the attorney general pursuant to | 743 |
this division does not prohibit the attorney general from | 744 |
rejecting the applicant's application because of acts that the | 745 |
applicant committed, or actions that the applicant failed to take, | 746 |
before or after the issuance of the temporary permit. | 747 |
(4) Within thirty days after receiving an initial license | 748 |
application from a charitable organization to conduct bingo, | 749 |
instant bingo at a bingo session, or instant bingo other than at a | 750 |
bingo session, or charitable electronic instant bingo, the | 751 |
attorney general shall conduct a preliminary review of the | 752 |
application and notify the applicant regarding any deficiencies. | 753 |
Once an application is deemed complete, or beginning on the | 754 |
thirtieth day after the application is filed, if the attorney | 755 |
general failed to notify the applicant of any deficiencies, the | 756 |
attorney general shall have an additional sixty days to conduct an | 757 |
investigation and either grant or deny the application based on | 758 |
findings established and communicated in accordance with divisions | 759 |
(B) and (E) of this section. As an option to granting or denying | 760 |
an initial license application, the attorney general may grant a | 761 |
temporary license and request additional time to conduct the | 762 |
investigation if the attorney general has cause to believe that | 763 |
additional time is necessary to complete the investigation and has | 764 |
notified the applicant in writing about the specific concerns | 765 |
raised during the investigation. | 766 |
(B)(1) The attorney general shall adopt rules to enforce | 767 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 768 |
Code to ensure that bingo
or, instant bingo, or charitable | 769 |
electronic instant bingo is conducted in accordance with those | 770 |
sections and to maintain proper control over the conduct of bingo | 771 |
or, instant bingo, or charitable electronic instant bingo. The | 772 |
rules, except rules adopted pursuant to divisions (A)(2)(g) and | 773 |
(G) of this section, shall be adopted pursuant to Chapter 119. of | 774 |
the Revised Code. The attorney general shall license charitable | 775 |
organizations to conduct bingo, instant bingo at a bingo session, | 776 |
or instant bingo other than at a bingo session, or charitable | 777 |
electronic instant bingo in conformance with this chapter and with | 778 |
the licensing provisions of Chapter 119. of the Revised Code. | 779 |
(D) The attorney general shall send notice in writing to the | 812 |
prosecuting attorney and sheriff of the county in which the | 813 |
organization will conduct bingo, instant bingo at a bingo session, | 814 |
or instant bingo other than at a bingo session, or charitable | 815 |
electronic instant bingo, as stated in its application for a | 816 |
license or amended license, and to any other law enforcement | 817 |
agency in that county that so requests, of all of the following: | 818 |
(E) A license issued by the attorney general shall set forth | 825 |
the information contained on the application of the charitable | 826 |
organization that the attorney general determines is relevant, | 827 |
including, but not limited to, the location at which the | 828 |
organization will conduct bingo, instant bingo at a bingo session, | 829 |
or instant bingo other than at a bingo session, or charitable | 830 |
electronic instant bingo and the days of the week and the times on | 831 |
each of those days when bingo will be conducted. If the attorney | 832 |
general refuses to grant or revokes or suspends a license, the | 833 |
attorney general shall notify the applicant in writing and | 834 |
specifically identify the reason for the refusal, revocation, or | 835 |
suspension in narrative form and, if applicable, by identifying | 836 |
the section of the Revised Code violated. The failure of the | 837 |
attorney general to give the written notice of the reasons for the | 838 |
refusal, revocation, or suspension or a mistake in the written | 839 |
notice does not affect the validity of the attorney general's | 840 |
refusal to grant, or the revocation or suspension of, a license. | 841 |
If the attorney general fails to give the written notice or if | 842 |
there is a mistake in the written notice, the applicant may bring | 843 |
an action to compel the attorney general to comply with this | 844 |
division or to correct the mistake, but the attorney general's | 845 |
order refusing to grant, or revoking or suspending, a license | 846 |
shall not be enjoined during the pendency of the action. | 847 |
(F) A charitable organization that has been issued a license | 848 |
pursuant to division (B) of this section but that cannot conduct | 849 |
bingo
or, instant bingo, or charitable electronic instant bingo at | 850 |
the location, or on the day of the week or at the time, specified | 851 |
on the license due to circumstances that make it impractical to do | 852 |
so may apply in writing, together with an application fee of two | 853 |
hundred fifty dollars, to the attorney general, at least thirty | 854 |
days prior to a change in location, day of the week, or time, and | 855 |
request an amended license. The application shall describe the | 856 |
causes making it impractical for the organization to conduct bingo | 857 |
or, instant bingo, or charitable electronic instant bingo in | 858 |
conformity with its license and shall indicate the location, days | 859 |
of the week, and times on each of those days when it desires to | 860 |
conduct bingo
or, instant bingo, or charitable electronic instant | 861 |
bingo. Except as otherwise provided in this division, the attorney | 862 |
general shall issue the amended license in accordance with | 863 |
division (E) of this section, and the organization shall surrender | 864 |
its original license to the attorney general. The attorney general | 865 |
may refuse to grant an amended license according to the terms of | 866 |
division (B) of this section. | 867 |
(H) The attorney general, by rule adopted pursuant to section | 873 |
111.15 of the Revised Code, shall establish license fees for the | 874 |
conduct of bingo, instant bingo at a bingo session, or instant | 875 |
bingo other than at a bingo session, or charitable electronic | 876 |
instant bingo for charitable organizations that prior to the | 877 |
effective date of this amendmentJuly 1, 2003, have not been | 878 |
licensed to conduct bingo, instant bingo at a bingo session, or | 879 |
instant bingo other than at a bingo session, or charitable | 880 |
electronic instant bingo under this chapter. | 881 |
(E)(1) No distributor shall sell, offer to sell, or otherwise | 940 |
provide or offer to provide bingo supplies to any person, or | 941 |
modify, convert, add to, or remove parts from bingo supplies to | 942 |
further their promotion or sale, for use in this state except to | 943 |
or for the use of a charitable organization that has been issued a | 944 |
license under section 2915.08 of the Revised Code or to another | 945 |
distributor that has been issued a license under this section. No | 946 |
distributor shall accept payment for the sale or other provision | 947 |
of bingo supplies other than by check or electronic fund transfer. | 948 |
(2) No distributor may donate, give, loan, lease, or | 949 |
otherwise provide any bingo supplies or equipment, or modify, | 950 |
convert, add to, or remove parts from bingo supplies to further | 951 |
their promotion or sale, to or for the use of a charitable | 952 |
organization for use in a bingo session conditioned on or in | 953 |
consideration for an exclusive right to provide bingo supplies to | 954 |
the charitable organization. A distributor may provide a licensed | 955 |
charitable organization with free samples of the distributor's | 956 |
products to be used as prizes or to be used for the purpose of | 957 |
sampling. | 958 |
(6) Except as provided by and through the negotiations of the | 974 |
Ohio statewide veterans, fraternal, and sporting coalition, no | 975 |
distributor shall sell, offer to sell, give, loan, lease, or | 976 |
otherwise provide or offer to provide charitable electronic | 977 |
instant bingo to any veterans, fraternal, or sporting organization | 978 |
that has been issued a license under section 2915.08 of the | 979 |
Revised Code to conduct charitable electronic instant bingo. | 980 |
(F) The attorney general shall affix a seal to a device a | 981 |
distributor intends to sell, offer to sell, or otherwise provide | 982 |
to a licensed organization to be used to conduct charitable | 983 |
electronic instant bingo if the attorney general finds the device | 984 |
meets the standards required under the law of this state. No | 985 |
distributor of charitable electronic instant bingo shall sell, | 986 |
offer to sell, or otherwise provide such a device to conduct | 987 |
charitable electronic instant bingo unless the device is affixed | 988 |
with the seal. | 989 |
(B) For all charitable organizations licensed to conduct | 1005 |
charitable electronic instant bingo under section 2915.08 of the | 1006 |
Revised Code, the coalition shall negotiate, and as agreed to by a | 1007 |
majority of the coalition's members, all contract terms for | 1008 |
provision and maintenance of charitable electronic instant bingo. | 1009 |
No charitable organization that has been issued a license under | 1010 |
section 2915.08 of the Revised Code to conduct charitable | 1011 |
electronic instant bingo shall enter into a contract with a | 1012 |
distributor to buy, offer to buy, get, loan, lease, or otherwise | 1013 |
be provided or offered to be provided charitable electronic | 1014 |
instant bingo other than as negotiated by the coalition. | 1015 |
(2) Except as otherwise provided in division (A)(3) of this | 1023 |
section, use all of the gross receipts from bingo for paying | 1024 |
prizes, for reimbursement of expenses for or for renting premises | 1025 |
in which to conduct a bingo session, for reimbursement of expenses | 1026 |
for or for purchasing or leasing bingo supplies used in conducting | 1027 |
bingo, for reimbursement of expenses for or for hiring security | 1028 |
personnel, for reimbursement of expenses for or for advertising | 1029 |
bingo, or for reimbursement of other expenses or for other | 1030 |
expenses listed in division (LL) of section 2915.01 of the Revised | 1031 |
Code, provided that the amount of the receipts so spent is not | 1032 |
more than is customary and reasonable for a similar purchase, | 1033 |
lease, hiring, advertising, or expense. If the building in which | 1034 |
bingo is conducted is owned by the charitable organization | 1035 |
conducting bingo and the bingo conducted includes a form of bingo | 1036 |
described in division (S)(1) of section 2915.01 of the Revised | 1037 |
Code, the charitable organization may deduct from the total amount | 1038 |
of the gross receipts from each session a sum equal to the lesser | 1039 |
of six hundred dollars or forty-five per cent of the gross | 1040 |
receipts from the bingo described in that division as | 1041 |
consideration for the use of the premises. | 1042 |
(3) Use, or give, donate, or otherwise transfer, all of the | 1043 |
net profit derived from bingo, other than instant bingo, for a | 1044 |
charitable purpose listed in its license application and described | 1045 |
in division (Z) of section 2915.01 of the Revised Code, or | 1046 |
distribute all of the net profit from the proceeds of the sale of | 1047 |
instant bingo or charitable electronic instant bingo as stated in | 1048 |
its license application and in accordance with section 2915.101 of | 1049 |
the Revised Code. | 1050 |
(1) Conduct the bingo game on premises that are owned by the | 1054 |
charitable organization, on premises that are owned by another | 1055 |
charitable organization and leased from that charitable | 1056 |
organization for a rental rate not in excess of the lesser of six | 1057 |
hundred dollars per bingo session or forty-five per cent of the | 1058 |
gross receipts of the bingo session, on premises that are leased | 1059 |
from a person other than a charitable organization for a rental | 1060 |
rate that is not more than is customary and reasonable for | 1061 |
premises that are similar in location, size, and quality but not | 1062 |
in excess of four hundred fifty dollars per bingo session, or on | 1063 |
premises that are owned by a person other than a charitable | 1064 |
organization, that are leased from that person by another | 1065 |
charitable organization, and that are subleased from that other | 1066 |
charitable organization by the charitable organization for a | 1067 |
rental rate not in excess of four hundred fifty dollars per bingo | 1068 |
session. If the charitable organization leases from a person other | 1069 |
than a charitable organization the premises on which it conducts | 1070 |
bingo sessions, the lessor of the premises shall provide the | 1071 |
premises to the organization and shall not provide the | 1072 |
organization with bingo game operators, security personnel, | 1073 |
concessions or concession operators, bingo supplies, or any other | 1074 |
type of service. A charitable organization shall not lease or | 1075 |
sublease premises that it owns or leases to more than one other | 1076 |
charitable organization per calendar week for the purpose of | 1077 |
conducting bingo sessions on the premises. A person that is not a | 1078 |
charitable organization shall not lease premises that it owns, | 1079 |
leases, or otherwise is empowered to lease to more than three | 1080 |
charitable organizations per calendar week for conducting bingo | 1081 |
sessions on the premises. In no case shall more than nine bingo | 1082 |
sessions be conducted on any premises in any calendar week. | 1083 |
(1) Pay any compensation to a bingo game operator for | 1092 |
operating a bingo session that is conducted by the charitable | 1093 |
organization or for preparing, selling, or serving food or | 1094 |
beverages at the site of the bingo session, permit any auxiliary | 1095 |
unit or society of the charitable organization to pay compensation | 1096 |
to any bingo game operator who prepares, sells, or serves food or | 1097 |
beverages at a bingo session conducted by the charitable | 1098 |
organization, or permit any auxiliary unit or society of the | 1099 |
charitable organization to prepare, sell, or serve food or | 1100 |
beverages at a bingo session conducted by the charitable | 1101 |
organization, if the auxiliary unit or society pays any | 1102 |
compensation to the bingo game operators who prepare, sell, or | 1103 |
serve the food or beverages; | 1104 |
(6) Conduct a bingo session at any time during the ten-hour | 1121 |
period between midnight and ten a.m., at any time during, or | 1122 |
within ten hours of, a bingo game conducted for amusement only | 1123 |
pursuant to section 2915.12 of the Revised Code, at any premises | 1124 |
not specified on its license, or on any day of the week or during | 1125 |
any time period not specified on its license. Division (A)(6) of | 1126 |
this section does not prohibit the sale of instant bingo tickets | 1127 |
beginning at nine a.m. for a bingo session that begins at ten a.m. | 1128 |
If circumstances make it impractical for the charitable | 1129 |
organization to conduct a bingo session at the premises, or on the | 1130 |
day of the week or at the time, specified on its license or if a | 1131 |
charitable organization wants to conduct bingo sessions on a day | 1132 |
of the week or at a time other than the day or time specified on | 1133 |
its license, the charitable organization may apply in writing to | 1134 |
the attorney general for an amended license pursuant to division | 1135 |
(F) of section 2915.08 of the Revised Code. A charitable | 1136 |
organization may apply twice in each calendar year for an amended | 1137 |
license to conduct bingo sessions on a day of the week or at a | 1138 |
time other than the day or time specified on its license. If the | 1139 |
amended license is granted, the organization may conduct bingo | 1140 |
sessions at the premises, on the day of the week, and at the time | 1141 |
specified on its amended license. | 1142 |
(D)(1) Except as otherwise provided in division (D)(3) of | 1192 |
this section, no charitable organization shall provide to a bingo | 1193 |
game operator, and no bingo game operator shall receive or accept, | 1194 |
any commission, wage, salary, reward, tip, donation, gratuity, or | 1195 |
other form of compensation, directly or indirectly, regardless of | 1196 |
the source, for conducting bingo or providing other work or labor | 1197 |
at the site of bingo during a bingo session. | 1198 |
(2) Except as otherwise provided in division (D)(3) of this | 1199 |
section, no charitable organization shall provide to a bingo game | 1200 |
operator any commission, wage, salary, reward, tip, donation, | 1201 |
gratuity, or other form of compensation, directly or indirectly, | 1202 |
regardless of the source, for conducting instant bingo other than | 1203 |
at a bingo session at the site of instant bingo other than at a | 1204 |
bingo session. | 1205 |
(E) Notwithstanding division (B)(1) of this section, a | 1212 |
charitable organization that, prior to December 6, 1977, has | 1213 |
entered into written agreements for the lease of premises it owns | 1214 |
to another charitable organization or other charitable | 1215 |
organizations for the conducting of bingo sessions so that more | 1216 |
than two bingo sessions are conducted per calendar week on the | 1217 |
premises, and a person that is not a charitable organization and | 1218 |
that, prior to December 6, 1977, has entered into written | 1219 |
agreements for the lease of premises it owns to charitable | 1220 |
organizations for the conducting of more than two bingo sessions | 1221 |
per calendar week on the premises, may continue to lease the | 1222 |
premises to those charitable organizations, provided that no more | 1223 |
than four sessions are conducted per calendar week, that the | 1224 |
lessor organization or person has notified the attorney general in | 1225 |
writing of the organizations that will conduct the sessions and | 1226 |
the days of the week and the times of the day on which the | 1227 |
sessions will be conducted, that the initial lease entered into | 1228 |
with each organization that will conduct the sessions was filed | 1229 |
with the attorney general prior to December 6, 1977, and that each | 1230 |
organization that will conduct the sessions was issued a license | 1231 |
to conduct bingo games by the attorney general prior to December | 1232 |
6, 1977. | 1233 |
(G) Whoever violates division (A)(2) of this section is | 1237 |
guilty of illegally conducting a bingo game, a felony of the | 1238 |
fourth degree. Except as otherwise provided in this division, | 1239 |
whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1240 |
(C)(1) to (12), or (D) of this section is guilty of a minor | 1241 |
misdemeanor. If the offender previously has been convicted of a | 1242 |
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1243 |
to (11), or (D) of this section, a violation of division (A)(1) or | 1244 |
(3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1245 |
misdemeanor of the first degree. Whoever violates division (C)(12) | 1246 |
of this section is guilty of a misdemeanor of the first degree, if | 1247 |
the offender previously has been convicted of a violation of | 1248 |
division (C)(12) of this section, a felony of the fourth degree. | 1249 |
Sec. 2915.095. The attorney general, by rule adopted pursuant | 1250 |
to section 111.15 of the Revised Code, shall establish a standard | 1251 |
contract to be used by a charitable instant bingo organization, a | 1252 |
veteran's organization, , a fraternal organization, or a sporting | 1253 |
organization for the conduct of instant bingo other than at a | 1254 |
bingo session or charitable electronic instant bingo. The terms of | 1255 |
the contract shall be limited to the provisions in Chapter 2915. | 1256 |
of the Revised Code. | 1257 |
(2) Conduct charitable electronic instant bingo unless that | 1262 |
organization is, and has received from the internal revenue | 1263 |
service a determination letter that is currently in effect stating | 1264 |
that the organization is, exempt from federal income taxation | 1265 |
under subsection 501(a), is described in subsection 501(c)(7), | 1266 |
501(c)(8), 501(c)(10), or 501(c)(19), or is a veteran's | 1267 |
organization described in subsection 501(c)(4) of the Internal | 1268 |
Revenue Code, and conducts instant bingo under section 2915.13 of | 1269 |
the Revised Code; | 1270 |
(a) For the first two hundred fifty thousand dollars, or a | 1346 |
greater amount prescribed by the attorney general to adjust for | 1347 |
changes in prices as measured by the consumer price index as | 1348 |
defined in section 325.18 of the Revised Code and other factors | 1349 |
affecting the organization's expenses as defined in division (LL) | 1350 |
of section 2915.01 of the Revised Code, or less of net profit from | 1351 |
the proceeds of the sale of instant bingo or charitable electronic | 1352 |
instant bingo generated in a calendar year: | 1353 |
(2) If a veteran's organization, a fraternal organization, or | 1378 |
a sporting organization does not distribute the full percentages | 1379 |
specified in divisions (A)(1)(a) and (b) of this section for the | 1380 |
purposes specified in those divisions, the organization shall | 1381 |
distribute the balance of the net profit from the proceeds of the | 1382 |
sale of instant bingo or charitable electronic instant bingo not | 1383 |
distributed or retained for those purposes to an organization | 1384 |
described in division (Z)(1) of section 2915.01 of the Revised | 1385 |
Code. | 1386 |
(B) If a charitable organization other than a veteran's | 1387 |
organization, a fraternal organization, or a sporting organization | 1388 |
conducted the instant bingo or charitable electronic instant | 1389 |
bingo, the organization shall distribute one hundred per cent of | 1390 |
the net profit from the proceeds of the sale of instant bingo or | 1391 |
charitable electronic instant bingo to an organization described | 1392 |
in division (Z)(1) of section 2915.01 of the Revised Code or to a | 1393 |
department or agency of the federal government, the state, or any | 1394 |
political subdivision. | 1395 |
(C) Nothing in this section prohibits a veteran's | 1396 |
organization, a fraternal organization, or a sporting organization | 1397 |
from distributing any net profit from the proceeds of the sale of | 1398 |
instant bingo or charitable electronic instant bingo to an | 1399 |
organization that is described in subsection 501(c)(3) of the | 1400 |
Internal Revenue Code when the organization that is described in | 1401 |
subsection 501(c)(3) of the Internal Revenue Code is one that | 1402 |
makes donations to other organizations and permits donors to | 1403 |
advise or direct such donations so long as the donations comply | 1404 |
with requirements established in or pursuant to subsection | 1405 |
501(c)(3) of the Internal Revenue Code. | 1406 |
(1)(a) The participants do not pay any money or any other | 1413 |
thing of value including an admission fee, or any fee for bingo | 1414 |
cards or sheets, objects to cover the spaces, or other devices | 1415 |
used in playing bingo, for the privilege of participating in the | 1416 |
bingo game, or to defray any costs of the game, or pay tips or | 1417 |
make donations during or immediately before or after the bingo | 1418 |
game. | 1419 |
(B) The attorney general or any local law enforcement agency | 1467 |
may investigate the conduct of a bingo game that purportedly is | 1468 |
conducted for purposes of amusement only if there is reason to | 1469 |
believe that the purported amusement bingo game does not comply | 1470 |
with the requirements of either division (A)(1) or (2) of this | 1471 |
section. A local law enforcement agency may proceed by action in | 1472 |
the proper court to enforce this section if the local law | 1473 |
enforcement agency gives written notice to the attorney general | 1474 |
when commencing the action. | 1475 |