As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 317

Senator Schiavoni 

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A BILL

To amend sections 2915.01, 2915.03, 3772.01, 3772.03,

1

3772.032, 3772.033, 3772.04, 3772.06, 3772.07,

2

3772.09, 3772.10, 3772.17, 3772.21, 3772.23,

3

3772.24, 3772.30, 3772.31, and 3772.99 and to

4

enact sections 2915.062, 3772.071, 3772.301,

5

3772.35, and 3772.36 of the Revised Code to

6

provide for the licensing and regulation of

7

sweepstakes terminal device operators, vendors,

8

and key employees.

9

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

Section 1. That sections 2915.01, 2915.03, 3772.01, 3772.03,	10
3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.09, 3772.10,	11
3772.17, 3772.21, 3772.23, 3772.24, 3772.30, 3772.31, and 3772.99	12
be amended and sections 2915.062, 3772.071, 3772.301, 3772.35, and	13
3772.36 of the Revised Code be enacted to read as follows:	14

Sec. 2915.01.  As used in this chapter:

15

(A) "Bookmaking" means the business of receiving or paying	16
off bets.	17

(B) "Bet" means the hazarding of anything of value upon the	18
result of an event, undertaking, or contingency, but does not	19
include a bona fide business risk.	20

(C) "Scheme of chance" means a slot machine, lottery, numbers	21
game, pool conducted for profit, or other scheme in which a	22
participant gives a valuable consideration for a chance to win a	23
prize, but does not include bingo, a skill-based amusement	24
machine, or a pool not conducted for profit.	25

(D) "Game of chance" means poker, craps, roulette, or other	26
game in which a player gives anything of value in the hope of	27
gain, the outcome of which is determined largely by chance, but	28
does not include bingo.	29

(E) "Game of chance conducted for profit" means any game of	30
chance designed to produce income for the person who conducts or	31
operates the game of chance, but does not include bingo.	32

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

33

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

34

(2) A ticket, token, or other device representing a chance,	35
share, or interest in a scheme of chance or evidencing a bet;	36

(3) A deck of cards, dice, gaming table, roulette wheel, slot	37
machine, or other apparatus designed for use in connection with a	38
game of chance;	39

(4) Any equipment, device, apparatus, or paraphernalia	40
specially designed for gambling purposes;	41

(5) Bingo supplies sold or otherwise provided, or used, in	42
violation of this chapter;	43

(6) Skill-based amusement machines, slot machines, or	44
sweepstakes terminal devices used in violation of this chapter.	45

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

46

(1) A violation of section 2915.02, 2915.03, 2915.04,	47
2915.05, 2915.06, 2915.062, 2915.07, 2915.08, 2915.081, 2915.082,	48
2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 of the Revised	49
Code;	50

(2) A violation of an existing or former municipal ordinance	51
or law of this or any other state or the United States	52
substantially equivalent to any section listed in division (G)(1)	53
of this section or a violation of section 2915.06 of the Revised	54
Code as it existed prior to July 1, 1996;	55

(3) An offense under an existing or former municipal	56
ordinance or law of this or any other state or the United States,	57
of which gambling is an element;	58

(4) A conspiracy or attempt to commit, or complicity in	59
committing, any offense under division (G)(1), (2), or (3) of this	60
section.	61

(H) Except as otherwise provided in this chapter, "charitable	62
organization" means any tax exempt religious, educational,	63
veteran's, fraternal, sporting, service, nonprofit medical,	64
volunteer rescue service, volunteer firefighter's, senior	65
citizen's, historic railroad educational, youth athletic, amateur	66
athletic, or youth athletic park organization. An organization is	67
tax exempt if the organization is, and has received from the	68
internal revenue service a determination letter that currently is	69
in effect stating that the organization is, exempt from federal	70
income taxation under subsection 501(a) and described in	71
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	72
501(c)(19) of the Internal Revenue Code, or if the organization is	73
a sporting organization that is exempt from federal income	74
taxation under subsection 501(a) and is described in subsection	75
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	76
organization, an organization, except a volunteer rescue service	77
or volunteer firefighter's organization, shall have been in	78
continuous existence as such in this state for a period of two	79
years immediately preceding either the making of an application	80
for a bingo license under section 2915.08 of the Revised Code or	81
the conducting of any game of chance as provided in division (D)	82
of section 2915.02 of the Revised Code. A charitable organization	83
that is exempt from federal income taxation under subsection	84
501(a) and described in subsection 501(c)(3) of the Internal	85
Revenue Code and that is created by a veteran's organization, a	86
fraternal organization, or a sporting organization does not have	87
to have been in continuous existence as such in this state for a	88
period of two years immediately preceding either the making of an	89
application for a bingo license under section 2915.08 of the	90
Revised Code or the conducting of any game of chance as provided	91
in division (D) of section 2915.02 of the Revised Code.	92

(I) "Religious organization" means any church, body of	93
communicants, or group that is not organized or operated for	94
profit and that gathers in common membership for regular worship	95
and religious observances.	96

(J) "Educational organization" means any organization within	97
this state that is not organized for profit, the primary purpose	98
of which is to educate and develop the capabilities of individuals	99
through instruction by means of operating or contributing to the	100
support of a school, academy, college, or university.	101

(K) "Veteran's organization" means any individual post or	102
state headquarters of a national veteran's association or an	103
auxiliary unit of any individual post of a national veteran's	104
association, which post, state headquarters, or auxiliary unit is	105
incorporated as a nonprofit corporation and either has received a	106
letter from the state headquarters of the national veteran's	107
association indicating that the individual post or auxiliary unit	108
is in good standing with the national veteran's association or has	109
received a letter from the national veteran's association	110
indicating that the state headquarters is in good standing with	111
the national veteran's association. As used in this division,	112
"national veteran's association" means any veteran's association	113
that has been in continuous existence as such for a period of at	114
least five years and either is incorporated by an act of the	115
United States congress or has a national dues-paying membership of	116
at least five thousand persons.	117

(L) "Volunteer firefighter's organization" means any	118
organization of volunteer firefighters, as defined in section	119
146.01 of the Revised Code, that is organized and operated	120
exclusively to provide financial support for a volunteer fire	121
department or a volunteer fire company and that is recognized or	122
ratified by a county, municipal corporation, or township.	123

(M) "Fraternal organization" means any society, order, state	124
headquarters, or association within this state, except a college	125
or high school fraternity, that is not organized for profit, that	126
is a branch, lodge, or chapter of a national or state	127
organization, that exists exclusively for the common business or	128
sodality of its members.	129

(N) "Volunteer rescue service organization" means any	130
organization of volunteers organized to function as an emergency	131
medical service organization, as defined in section 4765.01 of the	132
Revised Code.	133

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

134

(1) Any organization, not organized for profit, that is	135
organized and operated exclusively to provide, or to contribute to	136
the support of organizations or institutions organized and	137
operated exclusively to provide, medical and therapeutic services	138
for persons who are crippled, born with birth defects, or have any	139
other mental or physical defect or those organized and operated	140
exclusively to protect, or to contribute to the support of	141
organizations or institutions organized and operated exclusively	142
to protect, animals from inhumane treatment or provide immediate	143
shelter to victims of domestic violence;	144

(2) Any organization that is described in subsection	145
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	146
and is either a governmental unit or an organization that is tax	147
exempt under subsection 501(a) and described in subsection	148
501(c)(3) of the Internal Revenue Code and that is an	149
organization, not organized for profit, that is organized and	150
operated primarily to provide, or to contribute to the support of	151
organizations or institutions organized and operated primarily to	152
provide, medical and therapeutic services for persons who are	153
crippled, born with birth defects, or have any other mental or	154
physical defect.	155

(P) "Nonprofit medical organization" means either of the	156
following:	157

(1) Any organization that has been incorporated as a	158
nonprofit corporation for at least five years and that has	159
continuously operated and will be operated exclusively to provide,	160
or to contribute to the support of organizations or institutions	161
organized and operated exclusively to provide, hospital, medical,	162
research, or therapeutic services for the public;	163

(2) Any organization that is described and qualified under	164
subsection 501(c)(3) of the Internal Revenue Code, that has been	165
incorporated as a nonprofit corporation for at least five years,	166
and that has continuously operated and will be operated primarily	167
to provide, or to contribute to the support of organizations or	168
institutions organized and operated primarily to provide,	169
hospital, medical, research, or therapeutic services for the	170
public.	171

(Q) "Senior citizen's organization" means any private	172
organization, not organized for profit, that is organized and	173
operated exclusively to provide recreational or social services	174
for persons who are fifty-five years of age or older and that is	175
described and qualified under subsection 501(c)(3) of the Internal	176
Revenue Code.	177

(R) "Charitable bingo game" means any bingo game described in	178
division (S)(1) or (2) of this section that is conducted by a	179
charitable organization that has obtained a license pursuant to	180
section 2915.08 of the Revised Code and the proceeds of which are	181
used for a charitable purpose.	182

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

183

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

184

(a) The participants use bingo cards or sheets, including	185
paper formats and electronic representation or image formats, that	186
are divided into twenty-five spaces arranged in five horizontal	187
and five vertical rows of spaces, with each space, except the	188
central space, being designated by a combination of a letter and a	189
number and with the central space being designated as a free	190
space.	191

(b) The participants cover the spaces on the bingo cards or	192
sheets that correspond to combinations of letters and numbers that	193
are announced by a bingo game operator.	194

(c) A bingo game operator announces combinations of letters	195
and numbers that appear on objects that a bingo game operator	196
selects by chance, either manually or mechanically, from a	197
receptacle that contains seventy-five objects at the beginning of	198
each game, each object marked by a different combination of a	199
letter and a number that corresponds to one of the seventy-five	200
possible combinations of a letter and a number that can appear on	201
the bingo cards or sheets.	202

(d) The winner of the bingo game includes any participant who	203
properly announces during the interval between the announcements	204
of letters and numbers as described in division (S)(1)(c) of this	205
section, that a predetermined and preannounced pattern of spaces	206
has been covered on a bingo card or sheet being used by the	207
participant.	208

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

209

(T) "Conduct" means to back, promote, organize, manage, carry	210
on, sponsor, or prepare for the operation of bingo or a game of	211
chance.	212

(U) "Bingo game operator" means any person, except security	213
personnel, who performs work or labor at the site of bingo,	214
including, but not limited to, collecting money from participants,	215
handing out bingo cards or sheets or objects to cover spaces on	216
bingo cards or sheets, selecting from a receptacle the objects	217
that contain the combination of letters and numbers that appear on	218
bingo cards or sheets, calling out the combinations of letters and	219
numbers, distributing prizes, selling or redeeming instant bingo	220
tickets or cards, supervising the operation of a punch board,	221
selling raffle tickets, selecting raffle tickets from a receptacle	222
and announcing the winning numbers in a raffle, and preparing,	223
selling, and serving food or beverages.	224

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

225

(W) "Bingo session" means a period that includes both of the	226
following:	227

(1) Not to exceed five continuous hours for the conduct of	228
one or more games described in division (S)(1) of this section,	229
instant bingo, and seal cards;	230

(2) A period for the conduct of instant bingo and seal cards	231
for not more than two hours before and not more than two hours	232
after the period described in division (W)(1) of this section.	233

(X) "Gross receipts" means all money or assets, including	234
admission fees, that a person receives from bingo without the	235
deduction of any amounts for prizes paid out or for the expenses	236
of conducting bingo. "Gross receipts" does not include any money	237
directly taken in from the sale of food or beverages by a	238
charitable organization conducting bingo, or by a bona fide	239
auxiliary unit or society of a charitable organization conducting	240
bingo, provided all of the following apply:	241

(1) The auxiliary unit or society has been in existence as a	242
bona fide auxiliary unit or society of the charitable organization	243
for at least two years prior to conducting bingo.	244

(2) The person who purchases the food or beverage receives	245
nothing of value except the food or beverage and items customarily	246
received with the purchase of that food or beverage.	247

(3) The food and beverages are sold at customary and	248
reasonable prices.	249

(Y) "Security personnel" includes any person who either is a	250
sheriff, deputy sheriff, marshal, deputy marshal, township	251
constable, or member of an organized police department of a	252
municipal corporation or has successfully completed a peace	253
officer's training course pursuant to sections 109.71 to 109.79 of	254
the Revised Code and who is hired to provide security for the	255
premises on which bingo is conducted.	256

(Z) "Charitable purpose" means that the net profit of bingo,	257
other than instant bingo, is used by, or is given, donated, or	258
otherwise transferred to, any of the following:	259

(1) Any organization that is described in subsection	260
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	261
and is either a governmental unit or an organization that is tax	262
exempt under subsection 501(a) and described in subsection	263
501(c)(3) of the Internal Revenue Code;	264

(2) A veteran's organization that is a post, chapter, or	265
organization of veterans, or an auxiliary unit or society of, or a	266
trust or foundation for, any such post, chapter, or organization	267
organized in the United States or any of its possessions, at least	268
seventy-five per cent of the members of which are veterans and	269
substantially all of the other members of which are individuals	270
who are spouses, widows, or widowers of veterans, or such	271
individuals, provided that no part of the net earnings of such	272
post, chapter, or organization inures to the benefit of any	273
private shareholder or individual, and further provided that the	274
net profit is used by the post, chapter, or organization for the	275
charitable purposes set forth in division (B)(12) of section	276
5739.02 of the Revised Code, is used for awarding scholarships to	277
or for attendance at an institution mentioned in division (B)(12)	278
of section 5739.02 of the Revised Code, is donated to a	279
governmental agency, or is used for nonprofit youth activities,	280
the purchase of United States or Ohio flags that are donated to	281
schools, youth groups, or other bona fide nonprofit organizations,	282
promotion of patriotism, or disaster relief;	283

(3) A fraternal organization that has been in continuous	284
existence in this state for fifteen years and that uses the net	285
profit exclusively for religious, charitable, scientific,	286
literary, or educational purposes, or for the prevention of	287
cruelty to children or animals, if contributions for such use	288
would qualify as a deductible charitable contribution under	289
subsection 170 of the Internal Revenue Code;	290

(4) A volunteer firefighter's organization that uses the net	291
profit for the purposes set forth in division (L) of this section.	292

(AA) "Internal Revenue Code" means the "Internal Revenue Code	293
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	294
amended.	295

(BB) "Youth athletic organization" means any organization,	296
not organized for profit, that is organized and operated	297
exclusively to provide financial support to, or to operate,	298
athletic activities for persons who are twenty-one years of age or	299
younger by means of sponsoring, organizing, operating, or	300
contributing to the support of an athletic team, club, league, or	301
association.	302

(CC) "Youth athletic park organization" means any	303
organization, not organized for profit, that satisfies both of the	304
following:	305

(1) It owns, operates, and maintains playing fields that	306
satisfy both of the following:	307

(a) The playing fields are used at least one hundred days per	308
year for athletic activities by one or more organizations, not	309
organized for profit, each of which is organized and operated	310
exclusively to provide financial support to, or to operate,	311
athletic activities for persons who are eighteen years of age or	312
younger by means of sponsoring, organizing, operating, or	313
contributing to the support of an athletic team, club, league, or	314
association.	315

(b) The playing fields are not used for any profit-making	316
activity at any time during the year.	317

(2) It uses the proceeds of bingo it conducts exclusively for	318
the operation, maintenance, and improvement of its playing fields	319
of the type described in division (CC)(1) of this section.	320

(DD) "Amateur athletic organization" means any organization,	321
not organized for profit, that is organized and operated	322
exclusively to provide financial support to, or to operate,	323
athletic activities for persons who are training for amateur	324
athletic competition that is sanctioned by a national governing	325
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	326
3045, 36 U.S.C.A. 373.	327

(EE) "Bingo supplies" means bingo cards or sheets; instant	328
bingo tickets or cards; electronic bingo aids; raffle tickets;	329
punch boards; seal cards; instant bingo ticket dispensers; and	330
devices for selecting or displaying the combination of bingo	331
letters and numbers or raffle tickets. Items that are "bingo	332
supplies" are not gambling devices if sold or otherwise provided,	333
and used, in accordance with this chapter. For purposes of this	334
chapter, "bingo supplies" are not to be considered equipment used	335
to conduct a bingo game.	336

(FF) "Instant bingo" means a form of bingo that uses folded	337
or banded tickets or paper cards with perforated break-open tabs,	338
a face of which is covered or otherwise hidden from view to	339
conceal a number, letter, or symbol, or set of numbers, letters,	340
or symbols, some of which have been designated in advance as prize	341
winners. "Instant bingo" includes seal cards. "Instant bingo" does	342
not include any device that is activated by the insertion of a	343
coin, currency, token, or an equivalent, and that contains as one	344
of its components a video display monitor that is capable of	345
displaying numbers, letters, symbols, or characters in winning or	346
losing combinations.	347

(GG) "Seal card" means a form of instant bingo that uses	348
instant bingo tickets in conjunction with a board or placard that	349
contains one or more seals that, when removed or opened, reveal	350
predesignated winning numbers, letters, or symbols.	351

(HH) "Raffle" means a form of bingo in which the one or more	352
prizes are won by one or more persons who have purchased a raffle	353
ticket. The one or more winners of the raffle are determined by	354
drawing a ticket stub or other detachable section from a	355
receptacle containing ticket stubs or detachable sections	356
corresponding to all tickets sold for the raffle. "Raffle" does	357
not include the drawing of a ticket stub or other detachable	358
section of a ticket purchased to attend a professional sporting	359
event if both of the following apply:	360

(1) The ticket stub or other detachable section is used to	361
select the winner of a free prize given away at the professional	362
sporting event; and	363

(2) The cost of the ticket is the same as the cost of a	364
ticket to the professional sporting event on days when no free	365
prize is given away.	366

(II) "Punch board" means a board containing a number of holes	367
or receptacles of uniform size in which are placed, mechanically	368
and randomly, serially numbered slips of paper that may be punched	369
or drawn from the hole or receptacle when used in conjunction with	370
instant bingo. A player may punch or draw the numbered slips of	371
paper from the holes or receptacles and obtain the prize	372
established for the game if the number drawn corresponds to a	373
winning number or, if the punch board includes the use of a seal	374
card, a potential winning number.	375

(JJ) "Gross profit" means gross receipts minus the amount	376
actually expended for the payment of prize awards.	377

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

378

(LL) "Expenses" means the reasonable amount of gross profit	379
actually expended for all of the following:	380

(1) The purchase or lease of bingo supplies;

381

(2) The annual license fee required under section 2915.08 of	382
the Revised Code;	383

(3) Bank fees and service charges for a bingo session or game	384
account described in section 2915.10 of the Revised Code;	385

(4) Audits and accounting services;

386

(5) Safes;

387

(6) Cash registers;

388

(7) Hiring security personnel;

389

(8) Advertising bingo;

390

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

391

(10) Tables and chairs;

392

(11) Expenses for maintaining and operating a charitable	393
organization's facilities, including, but not limited to, a post	394
home, club house, lounge, tavern, or canteen and any grounds	395
attached to the post home, club house, lounge, tavern, or canteen;	396

(12) Payment of real property taxes and assessments that are	397
levied on a premises on which bingo is conducted;	398

(13) Any other product or service directly related to the	399
conduct of bingo that is authorized in rules adopted by the	400
attorney general under division (B)(1) of section 2915.08 of the	401
Revised Code.	402

(MM) "Person" has the same meaning as in section 1.59 of the	403
Revised Code and includes any firm or any other legal entity,	404
however organized.	405

(NN) "Revoke" means to void permanently all rights and	406
privileges of the holder of a license issued under section	407
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	408
gaming license issued by another jurisdiction.	409

(OO) "Suspend" means to interrupt temporarily all rights and	410
privileges of the holder of a license issued under section	411
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	412
gaming license issued by another jurisdiction.	413

(PP) "Distributor" means any person who purchases or obtains	414
bingo supplies and who does either of the following:	415

(1) Sells, offers for sale, or otherwise provides or offers	416
to provide the bingo supplies to another person for use in this	417
state;	418

(2) Modifies, converts, adds to, or removes parts from the	419
bingo supplies to further their promotion or sale for use in this	420
state.	421

(QQ) "Manufacturer" means any person who assembles completed	422
bingo supplies from raw materials, other items, or subparts or who	423
modifies, converts, adds to, or removes parts from bingo supplies	424
to further their promotion or sale.	425

(RR) "Gross annual revenues" means the annual gross receipts	426
derived from the conduct of bingo described in division (S)(1) of	427
this section plus the annual net profit derived from the conduct	428
of bingo described in division (S)(2) of this section.	429

(SS) "Instant bingo ticket dispenser" means a mechanical	430
device that dispenses an instant bingo ticket or card as the sole	431
item of value dispensed and that has the following	432
characteristics:	433

(1) It is activated upon the insertion of United States	434
currency.	435

(2) It performs no gaming functions.

436

(3) It does not contain a video display monitor or generate	437
noise.	438

(4) It is not capable of displaying any numbers, letters,	439
symbols, or characters in winning or losing combinations.	440

(5) It does not simulate or display rolling or spinning	441
reels.	442

(6) It is incapable of determining whether a dispensed bingo	443
ticket or card is a winning or nonwinning ticket or card and	444
requires a winning ticket or card to be paid by a bingo game	445
operator.	446

(7) It may provide accounting and security features to aid in	447
accounting for the instant bingo tickets or cards it dispenses.	448

(8) It is not part of an electronic network and is not	449
interactive.	450

(TT)(1) "Electronic bingo aid" means an electronic device	451
used by a participant to monitor bingo cards or sheets purchased	452
at the time and place of a bingo session and that does all of the	453
following:	454

(a) It provides a means for a participant to input numbers	455
and letters announced by a bingo caller.	456

(b) It compares the numbers and letters entered by the	457
participant to the bingo faces previously stored in the memory of	458
the device.	459

(c) It identifies a winning bingo pattern.

460

(2) "Electronic bingo aid" does not include any device into	461
which a coin, currency, token, or an equivalent is inserted to	462
activate play.	463

(UU) "Deal of instant bingo tickets" means a single game of	464
instant bingo tickets all with the same serial number.	465

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

466

(a) Any mechanical, electronic, video, or digital device that	467
is capable of accepting anything of value, directly or indirectly,	468
from or on behalf of a player who gives the thing of value in the	469
hope of gain;	470

(b) Any mechanical, electronic, video, or digital device that	471
is capable of accepting anything of value, directly or indirectly,	472
from or on behalf of a player to conduct bingo or a scheme or game	473
of chance.	474

(2) "Slot machine" does not include a skill-based amusement	475
machine or an instant bingo ticket dispenser.	476

(WW) "Net profit from the proceeds of the sale of instant	477
bingo" means gross profit minus the ordinary, necessary, and	478
reasonable expense expended for the purchase of instant bingo	479
supplies.	480

(XX) "Charitable instant bingo organization" means an	481
organization that is exempt from federal income taxation under	482
subsection 501(a) and described in subsection 501(c)(3) of the	483
Internal Revenue Code and is a charitable organization as defined	484
in this section. A "charitable instant bingo organization" does	485
not include a charitable organization that is exempt from federal	486
income taxation under subsection 501(a) and described in	487
subsection 501(c)(3) of the Internal Revenue Code and that is	488
created by a veteran's organization, a fraternal organization, or	489
a sporting organization in regards to bingo conducted or assisted	490
by a veteran's organization, a fraternal organization, or a	491
sporting organization pursuant to section 2915.13 of the Revised	492
Code.	493

(YY) "Game flare" means the board or placard that accompanies	494
each deal of instant bingo tickets and that has printed on or	495
affixed to it the following information for the game:	496

(1) The name of the game;

497

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

498

(3) The form number;

499

(4) The ticket count;

500

(5) The prize structure, including the number of winning	501
instant bingo tickets by denomination and the respective winning	502
symbol or number combinations for the winning instant bingo	503
tickets;	504

(6) The cost per play;

505

(7) The serial number of the game.

506

(ZZ) "Historic railroad educational organization" means an	507
organization that is exempt from federal income taxation under	508
subsection 501(a) and described in subsection 501(c)(3) of the	509
Internal Revenue Code, that owns in fee simple the tracks and the	510
right-of-way of a historic railroad that the organization restores	511
or maintains and on which the organization provides excursions as	512
part of a program to promote tourism and educate visitors	513
regarding the role of railroad transportation in Ohio history, and	514
that received as donations from a charitable organization that	515
holds a license to conduct bingo under this chapter an amount	516
equal to at least fifty per cent of that licensed charitable	517
organization's net proceeds from the conduct of bingo during each	518
of the five years preceding June 30, 2003. "Historic railroad"	519
means all or a portion of the tracks and right-of-way of a	520
railroad that was owned and operated by a for-profit common	521
carrier in this state at any time prior to January 1, 1950.	522

(AAA)(1) "Skill-based amusement machine" means a mechanical,	523
video, digital, or electronic device that rewards the player or	524
players, if at all, only with merchandise prizes or with	525
redeemable vouchers redeemable only for merchandise prizes,	526
provided that with respect to rewards for playing the game all of	527
the following apply:	528

(a) The wholesale value of a merchandise prize awarded as a	529
result of the single play of a machine does not exceed ten	530
dollars;	531

(b) Redeemable vouchers awarded for any single play of a	532
machine are not redeemable for a merchandise prize with a	533
wholesale value of more than ten dollars;	534

(c) Redeemable vouchers are not redeemable for a merchandise	535
prize that has a wholesale value of more than ten dollars times	536
the fewest number of single plays necessary to accrue the	537
redeemable vouchers required to obtain that prize; and	538

(d) Any redeemable vouchers or merchandise prizes are	539
distributed at the site of the skill-based amusement machine at	540
the time of play.	541

A card for the purchase of gasoline is a redeemable voucher	542
for purposes of division (AAA)(1) of this section even if the	543
skill-based amusement machine for the play of which the card is	544
awarded is located at a place where gasoline may not be legally	545
distributed to the public or the card is not redeemable at the	546
location of, or at the time of playing, the skill-based amusement	547
machine.	548

(2) A device shall not be considered a skill-based amusement	549
machine and shall be considered a slot machine if it pays cash or	550
one or more of the following apply:	551

(a) The ability of a player to succeed at the game is	552
impacted by the number or ratio of prior wins to prior losses of	553
players playing the game.	554

(b) Any reward of redeemable vouchers is not based solely on	555
the player achieving the object of the game or the player's score;	556

(c) The outcome of the game, or the value of the redeemable	557
voucher or merchandise prize awarded for winning the game, can be	558
controlled by a source other than any player playing the game.	559

(d) The success of any player is or may be determined by a	560
chance event that cannot be altered by player actions.	561

(e) The ability of any player to succeed at the game is	562
determined by game features not visible or known to the player.	563

(f) The ability of the player to succeed at the game is	564
impacted by the exercise of a skill that no reasonable player	565
could exercise.	566

(3) All of the following apply to any machine that is	567
operated as described in division (AAA)(1) of this section:	568

(a) As used in this section, "game" and "play" mean one event	569
from the initial activation of the machine until the results of	570
play are determined without payment of additional consideration.	571
An individual utilizing a machine that involves a single game,	572
play, contest, competition, or tournament may be awarded	573
redeemable vouchers or merchandise prizes based on the results of	574
play.	575

(b) Advance play for a single game, play, contest,	576
competition, or tournament participation may be purchased. The	577
cost of the contest, competition, or tournament participation may	578
be greater than a single noncontest, competition, or tournament	579
play.	580

(c) To the extent that the machine is used in a contest,	581
competition, or tournament, that contest, competition, or	582
tournament has a defined starting and ending date and is open to	583
participants in competition for scoring and ranking results toward	584
the awarding of redeemable vouchers or merchandise prizes that are	585
stated prior to the start of the contest, competition, or	586
tournament.	587

(4) For purposes of division (AAA)(1) of this section, the	588
mere presence of a device, such as a pin-setting, ball-releasing,	589
or scoring mechanism, that does not contribute to or affect the	590
outcome of the play of the game does not make the device a	591
skill-based amusement machine.	592

(BBB) "Merchandise prize" means any item of value, but shall	593
not include any of the following:	594

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

595

(2) Plays on games of chance, state lottery tickets, bingo,	596
or instant bingo;	597

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

598

(4) A redeemable voucher that is redeemable for any of the	599
items listed in division (BBB)(1), (2), or (3) of this section.	600

(CCC) "Redeemable voucher" means any ticket, token, coupon,	601
receipt, or other noncash representation of value.	602

(DDD) "Pool not conducted for profit" means a scheme in which	603
a participant gives a valuable consideration for a chance to win a	604
prize and the total amount of consideration wagered is distributed	605
to a participant or participants.	606

(EEE) "Sporting organization" means a hunting, fishing, or	607
trapping organization, other than a college or high school	608
fraternity or sorority, that is not organized for profit, that is	609
affiliated with a state or national sporting organization,	610
including but not limited to, the Ohio league of sportsmen, and	611
that has been in continuous existence in this state for a period	612
of three years.	613

(FFF) "Community action agency" has the same meaning as in	614
section 122.66 of the Revised Code.	615

(GGG) "Sweepstakes" means any game, contest, advertising	616
scheme or plan, or other promotion, but does not include bingo, or	617
games or lotteries conducted by the state lottery commission, in	618
which consideration is not required for a person to enter to win	619
or to become eligible to receive any prize, the determination of	620
which is based upon chance.	621

(HHH)(1) "Sweepstakes terminal device" means a mechanical,	622
video, digital, or electronic machine or device that is owned,	623
leased, or otherwise possessed by any person conducting a	624
sweepstakes, or by that person's partners, affiliates,	625
subsidiaries, or contractors, that is intended to be used by a	626
sweepstakes participant who purchases a tangible product to enter	627
a sweepstakes, and that is capable of displaying information on a	628
screen or other mechanism. A device is a sweepstakes terminal	629
device whether or not any of the following apply:	630

(a) The device is server-based.

631

(b) The device uses a simulated game terminal as a	632
representation of the prizes associated with the results of the	633
sweepstakes entries.	634

(c) The device utilizes software such that the simulated game	635
influences or determines the winning of or value of the prize.	636

(d) The device selects prizes from a predetermined finite	637
pool of entries.	638

(e) The device utilizes a mechanism that reveals the content	639
of a predetermined sweepstakes entry.	640

(f) The device predetermines the prize results and stores	641
those results for delivery at the time the sweepstakes entry	642
results are revealed.	643

(g) The device utilizes software to create a game result.

644

(h) The device requires deposit of any money, coin, or token,	645
or the use of any credit card, debit card, prepaid card, or any	646
other method of payment to activate the electronic machine or	647
device.	648

(i) The device requires direct payment into the device, or	649
remote activation of the device.	650

(j) The device reveals the prize incrementally, even though	651
the device does not influence the awarding of a prize or the value	652
of any prize awarded.	653

(k) The device determines and associates the prize with an	654
entry or entries at the time the sweepstakes is entered.	655

(l) The device is a slot machine or other form of electrical,	656
mechanical, or computer game.	657

(2) As used in division (HHH) of this section:

658

(a) "Enter" means the purchase of a tangible product by which	659
a person becomes eligible to receive any prize offered in a	660
sweepstakes.	661

(b) "Entry" means one event from the initial activation of	662
the sweepstakes terminal device until all sweepstakes prize	663
results from that activation are revealed.	664

(c) "Prize" means any gift, award, gratuity, good, service,	665
credit, reward, or any other thing of value that may be	666
transferred to a person, whether possession of the prize is	667
actually transferred, or placed on an account or other record as	668
evidence of the intent to transfer the prize.	669

Sec. 2915.03.  (A) No person, being the owner or lessee, or	670
having custody, control, or supervision of premises, shall:	671

(1) Use or occupy such premises for gambling in violation of	672
section 2915.02 or 2915.062 of the Revised Code;	673

(2) Recklessly permit such premises to be used or occupied	674
for gambling in violation of section 2915.02 or 2915.062 of the	675
Revised Code.	676

(B) Whoever violates this section is guilty of operating a	677
gambling house, a misdemeanor of the first degree. If the offender	678
previously has been convicted of a gambling offense, operating a	679
gambling house is a felony of the fifth degree.	680

(C) Premises used or occupied in violation of this section	681
constitute a nuisance subject to abatement pursuant to sections	682
3767.01 to 3767.99 of the Revised Code.	683

Sec. 2915.062.  (A) As used in this section, "entry" and	684
"prize" have the meanings defined in division (HHH)(2) of section	685
2915.01 of the Revised Code.	686

(B) No person conducting a sweepstakes with the use of a	687
sweepstakes terminal device, including the entry of a sweepstakes	688
or the reveal of a prize, shall do any of the following:	689

(1) Give to another person plays on games of chance, state	690
lottery tickets, bingo, or instant bingo, or firearms, tobacco, or	691
alcoholic beverages, or a redeemable voucher for any of those	692
items as a prize for playing or participating in a sweepstakes;	693

(2) Conduct a sweepstakes through the use of a sweepstakes	694
terminal device without first obtaining all required licenses and	695
certifications under Chapter 3772. of the Revised Code;	696

(3) Fail to display all required licenses and certifications	697
conspicuously at any location where sweepstakes terminal device	698
gaming is conducted or, as applicable, on the sweepstakes terminal	699
device.	700

(C) No person shall conduct a sweepstakes with the use of a	701
sweepstakes terminal device, or supply a sweepstakes terminal	702
device or related equipment, goods, or services to any person for	703
use at a sweepstakes terminal device facility, within the	704
boundaries of a municipal corporation or township the legislative	705
authority of which has not adopted an ordinance or resolution	706
affirmatively allowing the operation of sweepstakes terminal	707
devices in its jurisdiction.	708

(D) Whoever violates division (B)(1) of this section is	709
guilty of sweepstakes prohibited conduct. A violation of division	710
(B)(1) of this section is a misdemeanor of the first degree for	711
each redemption of a prize that is involved in the violation. If	712
the offender previously has been convicted of a violation of	713
division (B)(1) of this section, a violation of that division is a	714
felony of the fifth degree for each redemption of a prize that is	715
involved in the violation. The maximum fine authorized to be	716
imposed for a felony of the fifth degree shall be imposed upon the	717
offender.	718

(E) Whoever violates division (B)(2) or (3) or division (C)	719
of this section is guilty of conducting an illegal sweepstakes, a	720
felony of the fourth degree.	721

Sec. 3772.01. As used in this chapter:

722

(A) "Applicant" means any person who applies to the	723
commission for a license under this chapter.	724

(B) "Casino control commission fund" means the casino control	725
commission fund described in Section 6(C)(3)(d) of Article XV,	726
Ohio Constitution, the money in which shall be used to fund the	727
commission and its related affairs.	728

(C) "Casino facility" means a casino facility as defined in	729
Section 6(C)(9) of Article XV, Ohio Constitution.	730

(D) "Casino gaming" means any type of slot machine or table	731
game wagering, using money, casino credit, or any representative	732
of value, authorized in any of the states of Indiana, Michigan,	733
Pennsylvania, and West Virginia as of January 1, 2009, and	734
includes slot machine and table game wagering subsequently	735
authorized by, but shall not be limited by, subsequent	736
restrictions placed on such wagering in such states. "Casino	737
gaming" does not include bingo, as authorized in Section 6 of	738
Article XV, Ohio Constitution and conducted as of January 1, 2009,	739
or horse racing where the pari-mutuel system of wagering is	740
conducted, as authorized under the laws of this state as of	741
January 1, 2009.	742

(E) "Casino gaming employee" means any employee of a casino	743
operator or management company, but not a key employee, and as	744
further defined in section 3772.131 of the Revised Code.	745

(F) "Casino operator" means any person, trust, corporation,	746
partnership, limited partnership, association, limited liability	747
company, or other business enterprise that directly or indirectly	748
holds an ownership or leasehold interest in a casino facility.	749
"Casino operator" does not include an agency of the state, any	750
political subdivision of the state, any person, trust,	751
corporation, partnership, limited partnership, association,	752
limited liability company, or other business enterprise that may	753
have an interest in a casino facility, but who is legally or	754
contractually restricted from conducting casino gaming.	755

(G) "Central system" means a computer system that provides	756
the following functions related to casino gaming equipment and	757
sweepstakes terminal devices used in connection with casino gaming	758
and sweepstakes terminal device gaming authorized under this	759
chapter: security, auditing, data and information retrieval, and	760
other purposes deemed necessary and authorized by the commission.	761

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

762

(I) "Gaming agent" means a peace officer employed by the	763
commission that is vested with duties to enforce this chapter and	764
conduct other investigations into the conduct of the casino gaming	765
and sweepstakes terminal device gaming and the maintenance of the	766
equipment that the commission considers necessary and proper and	767
is in compliance with section 109.77 of the Revised Code.	768

(J) "Gaming-related vendor" means any individual,	769
partnership, corporation, association, trust, or any other group	770
of individuals, however organized, who supplies gaming-related	771
equipment, goods, or services to a casino operator or management	772
company, that are directly related to or affect casino gaming	773
authorized under this chapter, including, but not limited to, the	774
manufacture, sale, distribution, or repair of slot machines and	775
table game equipment.	776

(K) "Holding company" means any corporation, firm,	777
partnership, limited partnership, limited liability company,	778
trust, or other form of business organization not a natural person	779
whichthat directly or indirectly owns, has the power or right to	780
control, or holds with power to vote, any part of an applicant,a	781
casino operator, management company, or gaming-related vendor,	782
sweepstakes terminal device operator, or sweepstakes terminal	783
device vendor license applicant or licensee.	784

(L) "Initial investment" includes costs related to	785
demolition, engineering, architecture, design, site preparation,	786
construction, infrastructure improvements, land acquisition,	787
fixtures and equipment, insurance related to construction, and	788
leasehold improvements.	789

(M) "Institutional investor" means any of the following	790
entities owning one per cent or less, or a percentage between one	791
and ten per cent as approved by the commission through a waiver on	792
a case-by-case basis, ownership interest in a casino facility,	793
casino operator, management company, or holding company: a	794
corporation, bank, insurance company, pension fund or pension fund	795
trust, retirement fund, including funds administered by a public	796
agency, employees' profit-sharing fund or employees'	797
profit-sharing trust, any association engaged, as a substantial	798
part of its business or operations, in purchasing or holding	799
securities, or any trust in respect of which a bank is trustee or	800
cotrustee, investment company registered under the "Investment	801
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	802
investment trust organized by banks under Part Nine of the Rules	803
of the Comptroller of the Currency, closed-end investment trust,	804
chartered or licensed life insurance company or property and	805
casualty insurance company, investment advisor registered under	806
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	807
and such other persons as the commission may reasonably determine	808
to qualify as an institutional investor for reasons consistent	809
with this chapter.	810

(N) "Key employee" means any executive, employee, or agent of	811
a casino operator or, management company, sweepstakes terminal	812
device vendor, or sweepstakes terminal device operator licensee	813
having the power to exercise significant influence over decisions	814
concerning any part of the operation of such licensee, including:	815

(1) An officer, director, trustee, or partner of a person	816
that has applied for or holds a casino operator, management	817
company, or gaming-related vendor, sweepstakes terminal device	818
operator, or sweepstakes terminal device vendor license or of a	819
holding company that has control of a person that has applied for	820
or holds a casino operator, management company, or gaming-related	821
vendor, sweepstakes terminal device operator, or sweepstakes	822
terminal device vendor license;	823

(2) A person that holds a direct or indirect ownership	824
interest of more than one per cent in a person that has applied	825
for or holds a casino operator, management company, or	826
gaming-related vendor, sweepstakes terminal device operator, or	827
sweepstakes terminal device vendor license, or a holding company	828
that has control of a person that has applied for or holds a	829
casino operator, management company, or gaming-related vendor,	830
sweepstakes terminal device operator, or sweepstakes terminal	831
device vendor license;	832

(3) A managerial employee of a person that has applied for or	833
holds a casino operator or, gaming-related vendor, sweepstakes	834
terminal device operator, or sweepstakes terminal device vendor	835
license in Ohio, or a managerial employee of a holding company	836
that has control of a person that has applied for or holds a	837
casino operator or, gaming-related vendor, sweepstakes terminal	838
device operator, or sweepstakes terminal device vendor license in	839
Ohio, who performs the function of principal executive officer,	840
principal operating officer, principal accounting officer, or an	841
equivalent officer or other person the commission determines to	842
have the power to exercise significant influence over decisions	843
concerning any part of the operation of such licensee.	844

The commission shall determine whether an individual whose	845
duties or status varies from those described in this division also	846
is considered a key employee.	847

(O) "Licensed casino operator" means a casino operator that	848
has been issued a license by the commission and that has been	849
certified annually by the commission to have paid all applicable	850
fees, taxes, and debts to the state.	851

(P) "Majority ownership interest" in a license or in a casino	852
facility, as the case may be, means ownership of more than fifty	853
per cent of such license or casino facility, as the case may be.	854
For purposes of the foregoing, whether a majority ownership	855
interest is held in a license or in a casino facility, as the case	856
may be, shall be determined under the rules for constructive	857
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	858
in effect on January 1, 2009.	859

(Q) "Management company" means an organization retained by a	860
casino operator to manage a casino facility and provide services	861
such as accounting, general administration, maintenance,	862
recruitment, and other operational services.	863

(R) "Ohio law enforcement training fund" means the state law	864
enforcement training fund described in Section 6(C)(3)(f) of	865
Article XV, Ohio Constitution, the money in which shall be used to	866
enhance public safety by providing additional training	867
opportunities to the law enforcement community.	868

(S) "Person" includes, but is not limited to, an individual	869
or a combination of individuals; a sole proprietorship, a firm, a	870
company, a joint venture, a partnership of any type, a joint-stock	871
company, a corporation of any type, a corporate subsidiary of any	872
type, a limited liability company, a business trust, or any other	873
business entity or organization; an assignee; a receiver; a	874
trustee in bankruptcy; an unincorporated association, club,	875
society, or other unincorporated entity or organization; entities	876
that are disregarded for federal income tax purposes; and any	877
other nongovernmental, artificial, legal entity that is capable of	878
engaging in business.	879

(T) "Problem casino gambling and addictions fund" means the	880
state problem gambling and addictions fund described in Section	881
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	882
shall be used for treatment of problem gambling and substance	883
abuse, and for related research.	884

(U) "Promotional gaming credit" means a slot machine or table	885
game credit, discount, or other similar item issued to a patron to	886
enable the placement of, or increase in, a wager at a slot machine	887
or table game.	888

(V) "Slot machine" means any mechanical, electrical, or other	889
device or machine which, upon insertion of a coin, token, ticket,	890
or similar object, or upon payment of any consideration, is	891
available to play or operate, the play or operation of which,	892
whether by reason of the skill of the operator or application of	893
the element of chance, or both, makes individual prize	894
determinations for individual participants in cash, premiums,	895
merchandise, tokens, or any thing of value, whether the payoff is	896
made automatically from the machine or in any other manner.	897

(W) "Sweepstakes" and "sweepstakes terminal device" have the	898
meanings defined in section 2915.01 of the Revised Code.	899

(X) "Sweepstakes terminal device gaming" means any	900
sweepstakes conducted through the use of a sweepstakes terminal	901
device. "Sweepstakes terminal device gaming" does not include	902
charitable gaming and bingo authorized by Chapter 2915. of the	903
Revised Code, pari-mutuel wagering authorized by Chapter 3769. of	904
the Revised Code, or games or lotteries authorized by Chapter	905
3770. of the Revised Code.	906

(Y) "Sweepstakes terminal device operator" means a person	907
that provides sweepstakes terminal devices to a sweepstakes	908
entrant.	909

(Z) "Sweepstakes terminal device facility" means any location	910
in this state where a sweepstakes terminal device is provided to a	911
sweepstakes entrant.	912

(AA) "Sweepstakes terminal device vendor" means any person,	913
however organized, who supplies sweepstakes terminal devices or	914
related equipment, goods, or services to a sweepstakes terminal	915
device operator, including, but not limited to, the manufacture,	916
sale, distribution, or repair of sweepstakes terminal devices and	917
related equipment.	918

(BB) "Table game" means any game played with cards, dice, or	919
any mechanical, electromechanical, or electronic device or machine	920
for money, casino credit, or any representative of value. "Table	921
game" does not include slot machines.	922

(X)(CC) "Upfront license" means the first plenary license	923
issued to a casino operator.	924

(Y)(DD) "Voluntary exclusion program" means a program	925
provided by the commission that allows persons to voluntarily	926
exclude themselves from the gaming areas of facilities under the	927
jurisdiction of the commission by placing their namenames on a	928
voluntary exclusion list and following the procedures set forth by	929
the commission.	930

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	931
the commission shall have authority to complete the functions of	932
licensing, regulating, investigating, and penalizing casino	933
operators, management companies, holding companies, key employees,	934
casino gaming employees, and gaming-related vendors. The	935
commission also shall have jurisdiction over all persons	936
participating in casino gaming authorized by Section 6(C) of	937
Article XV, Ohio Constitution, and this chapter.	938

(B) To ensure the integrity of sweepstakes terminal device	939
gaming, the commission shall have the authority to complete the	940
functions of licensing, regulating, investigating, and penalizing	941
sweepstakes terminal device vendors, sweepstakes terminal device	942
operators, and key employees of these vendors and operators.	943

(C) All rules adopted by the commission under this chapter	944
shall be adopted under procedures established in Chapter 119. of	945
the Revised Code. The commission may contract for the services of	946
experts and consultants to assist the commission in carrying out	947
its duties under this section.	948

(C)(D)(1) Within six months of the effective date of this	949
sectionSeptember 10, 2010, the commission shall adopt initial	950
rules as are necessary for completing the functions stated in	951
division (A) of this section and for addressing the subjects	952
enumerated in division (D)(E) of this section.	953

(2) Within six months of the effective date of this	954
amendment, the commission shall adopt initial rules as are	955
necessary for completing the functions stated in division (B) of	956
this section and for addressing the subjects enumerated in	957
division (E) of this section. No functions stated in division (B)	958
of this section may be commenced until the initial rules are	959
adopted.	960

(D)(E) The commission shall adopt, and as advisable and	961
necessary shall amend or repeal, rules that include all of the	962
following:	963

(1) The prevention of practices detrimental to the public	964
interest;	965

(2) Prescribing the method of applying, and the form of	966
application, that an applicant for a license under this chapter	967
must follow as otherwise described in this chapter;	968

(3) Prescribing the information to be furnished by an	969
applicant or licensee as described in section 3772.11 of the	970
Revised Codethis chapter;	971

(4) Describing the certification standards and duties of the	972
following: an independent testing laboratory certified under	973
section 3772.31 of the Revised Code and the relationship between	974
the commission, the laboratory, the gaming-related vendor, and the	975
casino operator, and the relationship between the commission, the	976
laboratory, the sweepstakes terminal device vendor, and the	977
sweepstakes terminal device operator;	978

(5) The minimum amount of insurance that must be maintained	979
by a casino operator, management company, holding company, or	980
gaming-related vendor, sweepstakes terminal device vendor, or	981
sweepstakes terminal device operator;	982

(6) The approval process for a significant change in	983
ownership or transfer of control of a licensee as provided in	984
section 3772.091 of the Revised Code;	985

(7) The design of gaming supplies, devices, and equipment to	986
be distributed by gaming-related vendors and sweepstakes terminal	987
device vendors;	988

(8) IdentifyingFor all casino gaming and sweepstakes	989
terminal device gaming that is licensed by the commission:	990

(a) Identifying the casino gaming that is permitted,	991
identifying;	992

(b) Identifying the gaming supplies, devices, and equipment,	993
that are permitted, defining;	994

(c) Defining the area in which the permitted casino gaming	995
and sweepstakes terminal device gaming may be conducted, and	996
specifying;	997

(d) Specifying the method of operation according to which the	998
permitted casino and sweepstakes terminal device gaming is to be	999
conducted as provided in section 3772.20 of the Revised Code, and	1000
requiringthis chapter;	1001

(e) Requiring gaming devices and equipment to meet the	1002
standards of this state;	1003

(9) Tournament play in any casino facility;

1004

(10) Establishing and implementing a voluntary exclusion	1005
program that provides all of the following:	1006

(a) Except as provided by commission rule, a person who	1007
participates in the program shall agree to refrain from entering a	1008
casino facility.	1009

(b) The name of a person participating in the program shall	1010
be included on a list of persons excluded from all casino	1011
facilities.	1012

(c) Except as provided by commission rule, no person who	1013
participates in the program shall petition the commission for	1014
admittance into a casino facility.	1015

(d) The list of persons participating in the program and the	1016
personal information of those persons shall be confidential and	1017
shall only be disseminated by the commission to a casino operator	1018
and the agents and employees of the casino operator for purposes	1019
of enforcement and to other entities, upon request of the	1020
participant and agreement by the commission.	1021

(e) A casino operator shall make all reasonable attempts as	1022
determined by the commission to cease all direct marketing efforts	1023
to a person participating in the program.	1024

(f) A casino operator shall not cash the check of a person	1025
participating in the program or extend credit to the person in any	1026
manner. However, the program shall not exclude a casino operator	1027
from seeking the payment of a debt accrued by a person before	1028
participating in the program.	1029

(g) Any and all locations at which a person may register as a	1030
participant in the program shall be published.	1031

(11) Requiring the commission to adopt standards regarding	1032
the marketing materials of a licensed casino operator,and a	1033
licensed sweepstakes terminal device operator, including allowing	1034
the commission to prohibit marketing materials that are contrary	1035
to the adopted standards;	1036

(12) Requiring that the records, including financial	1037
statements, of any casino operator, management company, holding	1038
company, and gaming-related vendor, sweepstakes terminal device	1039
vendor, and sweepstakes terminal device operator be maintained in	1040
the manner prescribed by the commission and made available for	1041
inspection upon demand by the commission, but shall be subject to	1042
section 3772.16 of the Revised Code;	1043

(13) Permitting a licensed casino operator, management	1044
company, key employee, or casino gaming employee to question a	1045
person suspected of violating this chapter;	1046

(14) The chips, tokens, tickets, electronic cards, or similar	1047
objects that may be purchased by means of an agreement under which	1048
credit is extended to a wagerer by a casino operator;	1049

(15) Establishing standards for provisional key employee	1050
licenses for a person who is required to be licensed as a key	1051
employee and is in exigent circumstances, and standards for	1052
provisional licenses for casino gaming employees who submit	1053
complete applications and are compliant under an instant	1054
background check. A provisional license shall be valid not longer	1055
than three months. A provisional license may be renewed one time,	1056
at the commission's discretion, for an additional three months. In	1057
establishing standards with regard to instant background checks,	1058
the commission shall take notice of criminal records checks as	1059
they are conducted under section 311.41 of the Revised Code using	1060
electronic fingerprint reading devices.	1061

(16) Establishing approval procedures for third-party	1062
engineering or accounting firms, as described in section 3772.09	1063
of the Revised Code;	1064

(17) Prescribing the manner in which winnings, compensation	1065
from casino gaming, and gross revenue must be computed and	1066
reported by a licensee as described in Chapter 5753. of the	1067
Revised Code;	1068

(18) Prescribing the manner in which winnings or compensation	1069
from sweepstakes terminal devices must be computed and reported by	1070
a licensee under this chapter;	1071

(19) Prescribing conditions under which a licensee's license	1072
may be suspended or revoked as described in section 3772.04 of the	1073
Revised Code;	1074

(19)(20) Prescribing the manner and procedure of all hearings	1075
to be conducted by the commission or by any hearing examiner;	1076

(20)(21) Prescribing technical standards and requirements	1077
that are to be met by security and surveillance equipment that is	1078
used at and standards and requirements to be met by personnel who	1079
are employed at casino facilities, and standards and requirements	1080
for the provision of security at and surveillance of casino	1081
facilities;	1082

(21)(22) Prescribing requirements for a casino operator to	1083
provide unarmed security services at a casino facility by licensed	1084
casino employees, and the training that shall be completed by	1085
these employees;	1086

(22)(23) Prescribing standards according to which casino	1087
operators shall keep accounts and standards according to which	1088
casino accounts shall be audited, and establishestablishing means	1089
of assisting the tax commissioner in levying and collecting the	1090
gross casino revenue tax levied under section 5753.02 of the	1091
Revised Code;	1092

(23)(24) Prescribing standards under which sweepstakes	1093
terminal device vendors and sweepstakes terminal device operators	1094
shall keep accounts, prescribing standards for auditing such	1095
accounts, and establishing means to assist the tax commissioner in	1096
levying and collecting all applicable taxes;	1097

(25) Defining penalties for violation of commission rules and	1098
a process for imposing such penalties subject to the review of the	1099
joint committee on gaming and wagering;	1100

(24)(26) Establishing standards for decertifying contractors	1101
that violate statutes or rules of this state or the federal	1102
government;	1103

(25)(27) Establishing standards for the repair of casino	1104
gaming equipment, and sweepstakes terminal devices and related	1105
equipment;	1106

(26)(28) Establishing procedures to ensure that casino	1107
operators, management companies, and holding companies are	1108
compliant with the compulsive and problem gambling plan submitted	1109
under section 3772.18 of the Revised Code;	1110

(27)(29) Providing for any other thing necessary and proper	1111
for the successful and efficient regulation of casino gaming and	1112
sweepstakes terminal device gaming under this chapter, including,	1113
as the commission may consider necessary, standards and	1114
requirements for security, surveillance, and surveillance	1115
equipment at sweepstakes terminal device facilities.	1116

(E)(F) As applied to sweepstakes terminal device facilities,	1117
the commission may adopt, and as advisable and necessary may amend	1118
or rescind, rules that establish and implement a voluntary	1119
exclusion program for persons that is similar to the program	1120
established under division (E)(10) of this section.	1121

(G) The commission shall employ and assign gaming agents as	1122
necessary to assist the commission in carrying out the duties of	1123
this chapter. In order to maintain employment as a gaming agent,	1124
the gaming agent shall successfully complete all continuing	1125
training programs required by the commission and shall not have	1126
been convicted of or pleaded guilty or no contest to a	1127
disqualifying offense as defined in section 3772.07 of the Revised	1128
Code.	1129

(F)(H) The commission and its gaming agents shall have	1130
authority with regard to the detection and investigation of, the	1131
seizure of evidence allegedly relating to, and the apprehension	1132
and arrest of persons allegedly committing gaming offenses, and	1133
shall have access to casino facilities and sweepstakes terminal	1134
device facilities to carry out the requirements of this chapter.	1135

(G)(I)(1) The commission may eject or exclude or authorize	1136
the ejection or exclusion of, and a gaming agent may eject, a	1137
person from a casino facility for any of the following reasons:	1138

(1)(a) The person's name is on the list of persons	1139
voluntarily excluding themselves from all casinos in a program	1140
established according to rules adopted by the commission;	1141

(2)(b) The person violates or conspires to violate this	1142
chapter or a rule adopted thereunder; or	1143

(3)(c) The commission determines that the person's conduct or	1144
reputation is such that the person's presence within such a casino	1145
facility may call into question the honesty and integrity of the	1146
casino gaming operations or interfereinterferes with the orderly	1147
conduct of the casino gaming operations.	1148

(2) The commission may eject or exclude or authorize the	1149
ejection or exclusion of, and a gaming agent may eject, a person	1150
from a sweepstakes terminal device facility for any of the reasons	1151
designated in division (I)(1) of this section, except that	1152
division (I)(1)(a) of this section applies only if the commission	1153
adopts rules under division (F) of this section.	1154

(H)(J) A person, other than a person participating in a	1155
voluntary exclusion program, may petition the commission for a	1156
public hearing on the person's ejection or exclusion under this	1157
chapter.	1158

(I)(K) A casino operator or management company shall have the	1159
same authority to eject or exclude a person from the management	1160
company's casino facilities as authorized in division (G)(I) of	1161
this section. The licensee shall immediately notify the commission	1162
of an ejection or exclusion.	1163

(J)(L) The commission shall submit a written annual report	1164
with the governor, president and minority leader of the senate,	1165
speaker and minority leader of the house of representatives, and	1166
joint committee on gaming and wagering before the first day of	1167
September each year. The annual report shall include a statement	1168
describing the receipts and disbursements of the commission,	1169
relevant financial data regarding casino gaming, including gross	1170
revenues and disbursements made under this chapter, actions taken	1171
by the commission, an update on casino operators', management	1172
companies', and holding companies' compulsive and problem gambling	1173
plans and the voluntary exclusion program and list, and any	1174
additional information that the commission considers useful or	1175
that the governor, president or minority leader of the senate,	1176
speaker or minority leader of the house of representatives, or	1177
joint committee on gaming and wagering requests.	1178

(K)(M) Notwithstanding any law to the contrary, beginning on	1179
July 1, 2011, the commission shall assume jurisdiction over and	1180
oversee the regulation of skill-based amusement machines, and	1181
beginning on the effective date of this amendment, the commission	1182
shall assume jurisdiction over and oversee the regulation of	1183
sweepstakes terminal devices, as is provided in the law of this	1184
state.	1185

Sec. 3772.032. (A) The permanent joint committee on gaming	1186
and wagering is established. The committee consists of six	1187
members. The speaker of the house of representatives shall appoint	1188
to the committee three members of the house of representatives and	1189
the president of the senate shall appoint to the committee three	1190
members of the senate. Not more than two members appointed from	1191
each chamber may be members of the same political party. The	1192
chairperson shall be from the opposite house as the chairperson of	1193
the joint committee on agency rule review. If the chairperson is	1194
to be from the house of representatives, the speaker of the house	1195
of representatives shall designate a member as the chairperson and	1196
the president of the senate shall designate a member as the	1197
vice-chairperson. If the chairperson is to be from the senate, the	1198
president of the senate shall designate a member as the	1199
chairperson and the speaker of the house of representatives shall	1200
designate a member as the vice-chairperson.	1201

(B) The committee shall:

1202

(1) Review all constitutional amendments, laws, and rules	1203
governing the operation and administration of casino and	1204
sweepstakes terminal device gaming and all authorized gaming and	1205
wageringregulated gaming activities and recommend to the general	1206
assembly and commission any changes it may find desirable with	1207
respect to the language, structure, and organization of those	1208
amendments, laws, or rules;	1209

(2) Make an annual report to the governor and to the general	1210
assembly with respect to the operation and administration of	1211
casino and sweepstakes terminal device gaming;	1212

(3) Review all changes of fees and penalties as provided in	1213
this chapter and rules adopted thereunder; and	1214

(4) Study all proposed changes to the constitution and laws	1215
of this state and to the rules adopted by the commission governing	1216
the operation and administration of casino and sweepstakes	1217
terminal device gaming, and report to the general assembly on	1218
their adequacy and desirability as a matter of public policy.	1219

(C) Any study, or any expense incurred, in furtherance of the	1220
committee's objectives shall be paid for from, or out of, the	1221
casino control commission fund or other appropriation provided by	1222
law. The members shall receive no additional compensation, but	1223
shall be reimbursed for actual and necessary expenses incurred in	1224
the performance of their official duties.	1225

Sec. 3772.033. In carrying out the responsibilities vested in	1226
the commission by this chapter, the commission may do all the	1227
following and may designate any such responsibilities to the	1228
executive director, to the commission's employees, or to the	1229
gaming agents:	1230

(A) Inspect and examine all premises where casino gaming or	1231
sweepstakes terminal device gaming is conducted under this chapter	1232
or where such gaming supplies, devices, or equipment are	1233
manufactured, sold, or distributed;	1234

(B) Inspect all gaming supplies, devices, and equipment in or	1235
about a casino or sweepstakes terminal device facility;	1236

(C) Summarily impound and seize and remove from the casino	1237
or sweepstakes terminal device facility premises gaming supplies,	1238
devices, and equipment for the purpose of examination and	1239
inspection;	1240

(D) Determine any facts, or any conditions, practices, or	1241
other matters, as the commission considers necessary or proper to	1242
aid in the enforcement of this chapter or of a rule adopted	1243
thereunder;	1244

(E) Audit casino gaming and sweepstakes terminal device	1245
gaming operations, including those that have ceased operation;	1246

(F) Investigate, for the purpose of prosecution, any	1247
suspected violation of this chapter or rules adopted thereunder;	1248

(G) Investigate as appropriate to aid the commission and to	1249
seek the executive director's advice in adopting rules;	1250

(H) Secure information as is necessary to provide a basis for	1251
recommending legislation for the improvement of this chapter;	1252

(I) Make, execute, and otherwise effectuate all contracts and	1253
other agreements, including contracts for necessary purchases of	1254
goods and services. Except for any contract entered into with	1255
independent testing laboratories under section 3772.31 of the	1256
Revised Code, the commission shall ensure use of Ohio products or	1257
services in compliance with sections 125.09 and 125.11 of the	1258
Revised Code and all rules adopted thereunder.	1259

(J) Employ the services of persons the commission considers	1260
necessary for the purposes of consultation or investigation, and	1261
fix the salaries of, or contract for the services of, legal,	1262
accounting, technical, operational, and other personnel and	1263
consultants;	1264

(K) Secure, by agreement, information and services as the	1265
commission considers necessary from any state agency or other unit	1266
of state government;	1267

(L)(K) Acquire furnishings, equipment, supplies, stationery,	1268
books, and all other things the commission considers necessary or	1269
desirable to successfully and efficiently carry out the	1270
commission's duties and functions; and	1271

(M)(L) Take any other necessary and reasonable action to	1272
determine if a violation of any provision of section 2915.062 or	1273
of this chapter of the Revised Code has occurred; and	1274

(M) Perform all other things the commission considers	1275
necessary to effectuate the intents and purposes of this chapter.	1276
This section shall not prohibit the commission from imposing	1277
administrative discipline, including fines and suspension or	1278
revocation of licenses, on licensees under this chapter if the	1279
licensee is found to be in violation of the commission's rules.	1280

Sec. 3772.04. (A)(1) If, as the result of an investigation,	1281
the commission concludes that a license or finding required by	1282
this chapter should be limited, conditioned, or restricted, or	1283
suspended or revoked, the commission shall conduct an adjudication	1284
under Chapter 119. of the Revised Code.	1285

(2) The commission shall appoint a hearing examiner to	1286
conduct the hearing in the adjudication. A party to the	1287
adjudication may file written objections to the hearing examiner's	1288
report and recommendations not later than the thirtieth day after	1289
they are served upon the party or the party's attorney or other	1290
representative of record. The commission shall not take up the	1291
hearing examiner's report and recommendations earlier than the	1292
thirtieth day after the hearing examiner's report and	1293
recommendations were submitted to the commission.	1294

(3) If the commission finds that a person has violated	1295
section 2915.062 or this chapter of the Revised Code or a rule	1296
adopted thereunder, the commission may issue an order:	1297

(a) Limiting, conditioning, or restricting, or suspending or	1298
revoking, a license issued under this chapter;	1299

(b) Limiting, conditioning, or restricting, or suspending or	1300
revoking, a finding made under this chapter;	1301

(c) Requiring a casino facility to exclude a licensee from	1302
the casino facility or requiring a casino facility not to pay to	1303
the licensee any remuneration for services or any share of	1304
profits, income, or accruals on the licensee's investment in the	1305
casino facility; or	1306

(d) Fining a licensee or other person according to the	1307
penalties adopted by the commission.	1308

(4) An order may be judicially reviewed under section 119.12	1309
of the Revised Code.	1310

(B) For the purpose of conducting any study or investigation,	1311
the commission may direct that public hearings be held at a time	1312
and place, prescribed by the commission, in accordance with	1313
section 121.22 of the Revised Code. The commission shall give	1314
notice of all public hearings in such manner as will give actual	1315
notice to all interested parties.	1316

(C) In the discharge of any duties imposed by this chapter,	1317
the commission may require that testimony be given under oath and	1318
administer such oath, issue subpoenas compelling the attendance of	1319
witnesses and the production of any papers, books, and accounts,	1320
and cause the deposition of any witness. In the event of the	1321
refusal of any person without good cause to comply with the terms	1322
of a subpoena issued by the commission or refusal to testify on	1323
matters about which the person may lawfully be questioned, the	1324
prosecuting attorney of the county in which such person resides,	1325
upon the petition of the commission, may bring a proceeding for	1326
contempt against such person in the court of common pleas of that	1327
county.	1328

(D) When conducting a public hearing, the commission shall	1329
not limit the number of speakers who may testify. However, the	1330
commission may set reasonable time limits on the length of an	1331
individual's testimony or the total amount of time allotted to	1332
proponents and opponents of an issue before the commission.	1333

(E) An administrative law judge appointed by the commission	1334
may conduct a hearing under this chapter and recommend findings of	1335
fact and decisions to the commission.	1336

(F) The commission may rely, in whole or in part, upon	1337
investigations, conclusions, or findings of other casino gaming	1338
commissions or other government regulatory bodies in connection	1339
with licensing, investigations, or other matters relating to an	1340
applicant or licensee under this chapter.	1341

Sec. 3772.06. (A)(1) The commission shall appoint an	1342
executive director who shall serve at the pleasure of the	1343
commission. The executive director is in the unclassified service,	1344
shall devote full time to the duties of the office, and shall hold	1345
no other office or employment. The executive director shall, by	1346
experience and training, possess management skills that equip the	1347
executive director to administer an enterprise of the nature of	1348
the commission. The executive director shall not have a pecuniary	1349
interest in any business organization that holds a license under	1350
this chapter, or that does business with any person licensed under	1351
this chapter. A member of the general assembly, a person who holds	1352
an elective office, or an office holder of a political party is	1353
ineligible to be appointed executive director at the same time as	1354
being such a member or holding such an office. The executive	1355
director shall receive an annual salary in accordance with pay	1356
range 48 of section 124.152 of the Revised Code.	1357

(2) The executive director, before entering upon the	1358
discharge of the executive director's official duties, shall give,	1359
and thereafter shall maintain, bond in the amount of twenty-five	1360
thousand dollars, payable to the state, conditioned upon the	1361
executive director's faithful and proper performance of the	1362
executive director's official duties. The bond shall be issued by	1363
a surety authorized to do business in this state and shall be	1364
filed with the secretary of state. The bond may be an individual	1365
bond or a schedule or blanket bond.	1366

(B)(1) The executive director or a deputy designated in	1367
writing by the executive director shall attend all meetings of the	1368
commission and shall act as its secretary. The executive director	1369
shall keep a record of all commission proceedings and shall keep	1370
the commission's records, files, and documents at the commission's	1371
principal office.	1372

(2) The executive director shall be the chief executive	1373
officer and shall be responsible for keeping all commission	1374
records and supervising and administering casino gaming and	1375
sweepstakes terminal device gaming in accordance with this	1376
chapter, and enforcing all commission rules adopted under this	1377
chapter.	1378

(3) The executive director shall hire staff, including an	1379
assistant director or deputy directors, as necessary to assist the	1380
executive director in the executive director's duties under this	1381
chapter. In appointing employees, the executive director is	1382
subject to section 3772.061 of the Revised Code. The executive	1383
director may employ employees as necessary, unless the commission	1384
determines otherwise. Except as otherwise provided in this	1385
chapter, all costs of administration incurred by the executive	1386
director and the executive director's employees shall be paid out	1387
of the casino control commission fund.	1388

(C) A state agency or other unit of state government shall	1389
cooperate with the commission, and shall provide the commission	1390
with information and services the commission considers necessary	1391
to carry out the commission's duties and functions under this	1392
chapter.	1393

(D) The executive director shall confer at least once each	1394
month with the commission, at which time the executive director	1395
shall advise it regarding the operation and administration of the	1396
commission and casino gaming and sweepstakes terminal device	1397
gaming. The executive director shall make available at the request	1398
of the commission all documents, files, and other records	1399
pertaining to the operation and administration of the commission	1400
and casino gaming and sweepstakes terminal device gaming. The	1401
executive director shall prepare and make available to the	1402
commission each month a complete and accurate accounting of gross	1403
casino gaming revenues, and all other relevant financial	1404
information, including an accounting of all transfers made from	1405
the casino control commission fund.	1406

Sec. 3772.07.  The following appointing or licensing	1407
authorities shall obtain a criminal records check of the person	1408
who is to be appointed or licensed:	1409

(A) The governor, before appointing an individual as a member	1410
of the commission;	1411

(B) The commission, before appointing an individual as	1412
executive director or a gaming agent;	1413

(C) The commission, before issuing a license for a key	1414
employee or casino gaming employee, and before issuing a license	1415
for each investor, except an institutional investor, for a casino	1416
operator, management company, holding company, or gaming-related	1417
vendor;	1418

(D) The commission, before issuing a license for a	1419
sweepstakes terminal device vendor sweepstakes terminal device	1420
operator, or a key employee of such a vendor or operator;	1421

(E) The executive director, before appointing an individual	1422
as a professional, technical, or clerical employee of the	1423
commission.	1424

Thereafter, such an appointing or licensing authority shall	1425
obtain a criminal records check of the same individual at	1426
three-year intervals.	1427

The appointing or licensing authority shall provide to each	1428
person of whom a criminal records check is required a copy of the	1429
form and the standard fingerprint impression sheet prescribed	1430
under divisions (C)(1) and (2) of section 109.572 of the Revised	1431
Code. The person shall complete the form and impression sheet and	1432
return them to the appointing or licensing authority. If a person	1433
fails to complete and return the form and impression sheet within	1434
a reasonable time, the person is ineligible to be appointed or	1435
licensed or to continue in the appointment or licensure.	1436

The appointing or licensing authority shall forward the	1437
completed form and impression sheet to the superintendent of the	1438
bureau of criminal identification and investigation. The	1439
appointing or licensing authority shall request the superintendent	1440
also to obtain information from the federal bureau of	1441
investigation, including fingerprint-based checks of the national	1442
crime information databases, and from other states and the federal	1443
government under the national crime prevention and privacy compact	1444
as part of the criminal records check.	1445

The commission shall pay the fee the bureau of criminal	1446
identification and investigation charges for all criminal records	1447
checks conducted under this section. An applicant for a casino	1448
operator, management company, holding company, or gaming-related	1449
vendor, casino gaming employee, key employee, sweepstakes terminal	1450
device vendor, or sweepstakes terminal device operator license	1451
shall reimburse the commission for the amount of the fee paid on	1452
the applicant's behalf. Anpay the fee the bureau of criminal	1453
identification and investigation, or an associated vendor that is	1454
approved by the bureau to conduct a criminal records check based	1455
on the applicant's completed form and fingerprint impressions	1456
under division (A)(15) of section 109.572 of the Revised Code,	1457
charges for criminal records checks conducted under this section.	1458
If the applicant for a key employee or casino gaming employee	1459
license shall reimburse the commission for the amount of the fee	1460
paid on the applicant's behalf, unless the applicant is applying	1461
at the request of a casino operator or, management company, in	1462
which caseholding company, gaming-related vendor, sweepstakes	1463
terminal device vendor, or sweepstakes terminal device operator,	1464
the casino operator or management companyrequesting entity shall	1465
reimburse the commissionpay the fee charged for the criminal	1466
records check conducted under this section.	1467

The appointing or licensing authority shall review the	1468
results of a criminal records check. An appointee for a commission	1469
member shall forward the results of the criminal records check to	1470
the president of the senate before the senate advises and consents	1471
to the appointment of the commission member. The appointing or	1472
licensing authority shall not appoint or license or retain the	1473
appointment or licensure of a person a criminal records check	1474
discloses has been convicted of or has pleaded guilty or no	1475
contest to a disqualifying offense. A "disqualifying offense"	1476
means any gambling offense, any theft offense, any offense having	1477
an element of fraud or misrepresentation, any offense having an	1478
element of moral turpitude, and any felony not otherwise included	1479
in the foregoing list, except as otherwise provided in section	1480
3772.10 of the Revised Code.	1481

The report of a criminal records check is not a public record	1482
that is open to public inspection and copying. The commission	1483
shall not make the report available to any person other than the	1484
person who was the subject of the criminal records check; an	1485
appointing or licensing authority; a member, the executive	1486
director, or an employee of the commission; or any court or	1487
agency, including a hearing examiner, in a judicial or	1488
administrative proceeding relating to the person's employment with	1489
the entity requesting the criminal records check in which the	1490
criminal records check is relevant.	1491

Sec. 3772.071.  (A) A sweepstakes terminal device operator	1492
shall request that the superintendent of the bureau of criminal	1493
identification and investigation conduct a criminal records check	1494
of any non-key employee employed prior to the effective date of	1495
this section, and of any applicant for employment as a non-key	1496
employee who is employed by the sweepstakes terminal device	1497
operator after the effective date of this section. The sweepstakes	1498
terminal device operator also shall request that the	1499
superintendent obtain information from the federal bureau of	1500
investigation as part of the criminal records check of the non-key	1501
employee or non-key employee applicant.	1502

(B)(1) A sweepstakes terminal device operator shall provide	1503
to each employee or applicant for whom a criminal records check	1504
request is required under this section a copy of the form and the	1505
standard fingerprint impression sheet prescribed under division	1506
(C) of section 109.572 of the Revised Code, and shall obtain the	1507
completed form and impression sheet from the employee or	1508
applicant. The sweepstakes terminal device operator shall forward	1509
the completed form and impression sheet to the superintendent of	1510
the bureau of criminal identification and investigation.	1511

(2) An employee or applicant who is provided a form and	1512
fingerprint impression sheet under this section but who fails to	1513
complete the form or to provide fingerprint impressions shall not	1514
be employed by a sweepstakes terminal device operator in any	1515
position.	1516

(C) Each sweepstakes terminal device operator shall pay to	1517
the bureau of criminal identification and investigation the fee	1518
prescribed under division (C) of section 109.572 of the Revised	1519
Code for each criminal records check conducted pursuant to a	1520
request made under this section. A sweepstakes terminal device	1521
operator may charge an applicant a fee not exceeding the amount	1522
the operator pays, but only if the operator notifies the applicant	1523
at the time of initial application for employment of the amount of	1524
the fee and that, unless the fee is paid, the applicant will not	1525
be considered for employment.	1526

(D) No sweepstakes terminal device operator shall employ any	1527
person that has been convicted of or has pleaded guilty to a	1528
disqualifying offense, as defined in section 3772.07 of the	1529
Revised Code.	1530

(E) The report of any criminal records check conducted	1531
pursuant to a request made under this section is not a public	1532
record under section 149.43 of the Revised Code and shall not be	1533
made available to any person, except the following:	1534

(1) The individual who is the subject of the criminal records	1535
check or the individual's representative;	1536

(2) The sweepstakes terminal device operator requesting the	1537
criminal records check or the operator's agent or representative;	1538

(3) Any court or agency, including a hearing examiner, in a	1539
judicial or administrative proceeding relating to the individual's	1540
employment with the sweepstakes terminal device operator	1541
requesting the criminal records check and in which proceeding the	1542
criminal records check is relevant;	1543

(4) A member, the executive director, or an employee of the	1544
commission.	1545

Sec. 3772.09. (A) No casino operator, management company,	1546
holding company, gaming-related vendor, key employee, or casino	1547
gaming employee shall conduct or participate in conducting casino	1548
gaming without first obtaining a license from the commission.	1549

(B) Before a licensed casino operator may conduct casino	1550
gaming at a casino facility, a licensed casino operator shall	1551
engage a third-party engineering or accounting firm to certify	1552
expenses of its initial investment, as required by section 3772.27	1553
of the Revised Code, and provide documentation to the commission.	1554
The third-party engineering or accounting firm shall be approved	1555
by the commission and shall certify expenses in accordance with	1556
rules adopted by the commission under section 3772.03 of the	1557
Revised Code. The commission may request the department of	1558
administrative services to assist the commission in carrying out	1559
its duties under this section.	1560

(C) No sweepstakes terminal device vendor, sweepstakes	1561
terminal device operator, or key employee of such a vendor or	1562
operator shall conduct or participate in sweepstakes terminal	1563
device gaming without first obtaining a license from the	1564
commission.	1565

Sec. 3772.10. (A) In determining whether to grant or maintain	1566
the privilege of a casino operator, management company, holding	1567
company, key employee, casino gaming employee, or gaming-related	1568
vendorany license issued under this chapter, the Ohio casino	1569
control commission shall consider all of the following, as	1570
applicable:	1571

(1) The reputation, experience, and financial integrity of	1572
the applicant, its holding company, if applicable, and any other	1573
person that directly or indirectly controls the applicant;	1574

(2) The financial ability of the applicant to purchase and	1575
maintain adequate liability and casualty insurance and to provide	1576
an adequate surety bond;	1577

(3) The past and present compliance of the applicant and its	1578
affiliates or affiliated companies, if applicable, with	1579
casino-related or sweepstakes-related licensing requirements in	1580
this state or any other jurisdiction, including whether the	1581
applicant has a history of noncompliance with the casino or	1582
sweepstakes licensing requirements of any jurisdiction;	1583

(4) If the applicant has been indicted, convicted, pleaded	1584
guilty or no contest, or forfeited bail concerning any criminal	1585
offense under the laws of any jurisdiction, either felony or	1586
misdemeanor, not including traffic violations;	1587

(5) If the applicant has filed, or had filed against it a	1588
proceeding for bankruptcy or has ever been involved in any formal	1589
process to adjust, defer, suspend, or otherwise work out the	1590
payment of any debt;	1591

(6) If the applicant has been served with a complaint or	1592
other notice filed with any public body regarding a payment of any	1593
tax required under federal, state, or local law that has been	1594
delinquent for one or more years;	1595

(7) If the applicant is or has been a defendant in litigation	1596
involving its business practices;	1597

(8) If awarding a license would undermine the public's	1598
confidence in the casino gaming industry in this state;	1599

(9) If the applicant meets other standards for the issuance	1600
of a license that the commission adopts by rule, which shall not	1601
be arbitrary, capricious, or contradictory to the expressed	1602
provisions of this chapter.	1603

(B) All applicants for a license under this chapter shall	1604
establish their suitability for a license by clear and convincing	1605
evidence. If the commission determines that a person is eligible	1606
under this chapter to be issued a license as a casino operator,	1607
management company, holding company, key employee, casino gaming	1608
employee, or gaming-related vendor, the commission shall issue	1609
such license for not more than three years, as determined by	1610
commission rule, if all other requirements of this chapter have	1611
been satisfied.	1612

(C) The commission shall not issue a casino operator,	1613
management company, holding company, key employee, casino gaming	1614
employee, or gaming-related vendor license under this chapter to	1615
an applicant if:	1616

(1) The applicant has been convicted of a disqualifying	1617
offense, as defined in section 3772.07 of the Revised Code.	1618

(2) The applicant has submitted an application for license	1619
under this chapter that contains false information.	1620

(3) The applicant is a commission member.

1621

(4) The applicant owns an ownership interest that is unlawful	1622
under this chapter, unless waived by the commission.	1623

(5) The applicant violates specific rules adopted by the	1624
commission related to denial of licensure.	1625

(6) The applicant is a member of or employed by a gaming	1626
regulatory body of a governmental unit in this state, another	1627
state, or the federal government, or is employed by a governmental	1628
unit of this state. This division does not prohibit a casino	1629
operator from hiring special duty law enforcement officers if the	1630
officers are not specifically involved in gaming-related	1631
regulatory functions.	1632

(7) The commission otherwise determines the applicant is	1633
ineligible for the license.	1634

(D)(1) The commission shall investigate the qualifications of	1635
each applicant under this chapter before any license is issued and	1636
before any finding with regard to acts or transactions for which	1637
commission approval is required is made. The commission shall	1638
continue to observe the conduct of all licensees and all other	1639
persons having a material involvement directly or indirectly with	1640
a casino operator, management company, sweepstakes terminal device	1641
operator, or holding company to ensure that licenses are not	1642
issued to or held by, or that there is not any material	1643
involvement with a casino operator, management company,	1644
sweepstakes terminal device operator, or holding company by, an	1645
unqualified, disqualified, or unsuitable person or a person whose	1646
operations are conducted in an unsuitable manner or in unsuitable	1647
or prohibited places or locations.	1648

(2) The executive director may recommend to the commission	1649
that it deny any application, or limit, condition, or restrict, or	1650
suspend or revoke, any license or finding, or impose any fine upon	1651
any licensee or other person according to this chapter and the	1652
rules adopted thereunder.	1653

(3) A license issued under this chapter is a revocable	1654
privilege. No licensee has a vested right in or under any license	1655
issued under this chapter. The initial determination of the	1656
commission to deny, or to limit, condition, or restrict, a license	1657
may be appealed under section 2505.03 of the Revised Code.	1658

(E)(1) An institutional investor otherwise required to be	1659
found suitable or qualified under this chapter and the rules	1660
adopted under this chapter shall be presumed suitable or qualified	1661
upon submitting documentation sufficient to establish	1662
qualifications as an institutional investor and upon certifying	1663
all of the following:	1664

(a) The institutional investor owns, holds, or controls	1665
publicly traded securities issued by a licensee or holding,	1666
intermediate, or parent company of a licensee or in the ordinary	1667
course of business for investment purposes only.	1668

(b) The institutional investor does not exercise influence	1669
over the affairs of the issuer of such securities nor over any	1670
licensed subsidiary of the issuer of such securities.	1671

(c) The institutional investor does not intend to exercise	1672
influence over the affairs of the issuer of such securities, nor	1673
over any licensed subsidiary of the issuer of such securities, in	1674
the future, and that it agrees to notify the commission in writing	1675
within thirty days if such intent changes.	1676

(2) The exercise of voting privileges with regard to publicly	1677
traded securities shall not be deemed to constitute the exercise	1678
of influence over the affairs of a licensee.	1679

(3) The commission shall rescind the presumption of	1680
suitability for an institutional investor at any time if the	1681
institutional investor exercises or intends to exercise influence	1682
or control over the affairs of the licensee.	1683

(4) This division shall not be construed to preclude the	1684
commission from investigating the suitability or qualifications of	1685
an institutional investor if the commission becomes aware of facts	1686
or information that may result in the institutional investor being	1687
found unsuitable or disqualified.	1688

(F) Information provided on the application shall be used as	1689
a basis for a thorough background investigation of each applicant.	1690
A false or incomplete application is cause for denial of a license	1691
by the commission. All applicants and licensees shall consent to	1692
inspections, searches, and seizures and to the disclosure to the	1693
commission and its agents of confidential records, including tax	1694
records, held by any federal, state, or local agency, credit	1695
bureau, or financial institution and to provide handwriting	1696
exemplars, photographs, fingerprints, and information as	1697
authorized in this chapter and in rules adopted by the commission.	1698

Sec. 3772.17. (A) The upfront license fee to obtain a license	1699
as a casino operator shall be fifty million dollars per casino	1700
facility, which shall be deposited into the economic development	1701
programs fund, which is created in the state treasury. New casino	1702
operator, management company, and holding company license and	1703
renewal license fees shall be set by rule of the commission,	1704
subject to the review of the joint committee on gaming and	1705
wagering.	1706

(B) The fee to obtain an application for a casino operator,	1707
management company, or holding company license shall be one	1708
million five hundred thousand dollars per application. The	1709
application fee shall be deposited into the casino control	1710
commission fund. The application fee is nonrefundable.	1711

(C) The license fees for a gaming-related vendor shall be set	1712
by rule of the commission, subject to the review of the joint	1713
committee on gaming and wagering. Additionally, the commission may	1714
assess an applicant a reasonable fee in the amount necessary to	1715
process a gaming-related vendor license application.	1716

(D) The license fees for a key employee shall be set by rule	1717
of the commission, subject to the review of the joint committee on	1718
gaming and wagering. Additionally, the commission may assess an	1719
applicant a reasonable fee in the amount necessary to process a	1720
key employee license application. If the license is being sought	1721
at the request of a casino operator, such fees shall be paid by	1722
the casino operator.	1723

(E) The license fees for a casino gaming employee shall be	1724
set by rule of the commission, subject to the review of the joint	1725
committee on gaming and wagering. If the license is being sought	1726
at the request of a casino operator, the fee shall be paid by the	1727
casino operator.	1728

(F) The license fees for a sweepstakes terminal device vendor	1729
shall be set by rule of the commission and shall be not less than	1730
fifteen thousand dollars. Additionally, the commission may assess	1731
an applicant a nonrefundable license application fee of not less	1732
than ten thousand dollars and an additional amount necessary to	1733
process a sweepstakes terminal device vendor license application.	1734

(G) The license fees for a sweepstakes terminal device	1735
operator shall be set by rule of the commission and shall be not	1736
less than one hundred thousand dollars. Additionally, the	1737
commission may assess an applicant a nonrefundable application fee	1738
of not less than twenty-five thousand dollars and an additional	1739
amount necessary to process a sweepstakes terminal device operator	1740
license application.	1741

Sec. 3772.21. (A) Casino gaming equipment and supplies	1742
customarily used in conducting casino gaming shall be purchased or	1743
leased only from gaming-related vendors licensed under this	1744
chapter. A management company owning casino gaming devices,	1745
supplies, and equipment shall be licensed as a gaming-related	1746
vendor under this chapter.	1747

(B) Annually, a gaming-related vendor shall furnish to the	1748
commission a list of all equipment, devices, and supplies offered	1749
for sale or lease in connection with casino gaming authorized	1750
under this chapter.	1751

(C) A gaming-related vendor shall keep books and records for	1752
the furnishing of equipment, devices, and supplies to casino	1753
gaming operations separate from books and records of any other	1754
business operated by the gaming-related vendor. A gaming-related	1755
vendor shall file a quarterly return with the commission listing	1756
all sales and leases. A gaming-related vendor shall permanently	1757
affix the gaming-related vendor's name to all of the	1758
gaming-related vendor's equipment, devices, and supplies for	1759
casino gaming operations.	1760

(D) A gaming-related vendor's equipment, devices, or supplies	1761
that are used by a person in an unauthorized casino gaming	1762
operation shall be forfeited to the commission.	1763

(E) Sweepstakes terminal devices and gaming equipment and	1764
supplies customarily used in conducting sweepstakes terminal	1765
device gaming shall be purchased or leased only from sweepstakes	1766
terminal device vendors licensed under this chapter. A sweepstakes	1767
terminal device vendor shall only provide sweepstakes terminal	1768
devices and related gaming equipment and supplies that have been	1769
approved by the commission to sweepstakes terminal device and	1770
related gaming equipment and supplies operators who have received	1771
a sweepstakes terminal device operator's license from the	1772
commission. The sweepstakes terminal device vendor shall accept	1773
payment only by check or electronic funds transfer as approved by	1774
the commission for offering sweepstakes terminal devices and	1775
related gaming equipment and supplies in this state.	1776

(F) At least once a year, as determined by the commission, a	1777
sweepstakes terminal device vendor shall furnish to the commission	1778
a list of all sweepstakes terminal devices and related gaming	1779
equipment and supplies offered for sale or lease by that vendor in	1780
this state.	1781

(G) Each sweepstakes terminal device vendor shall keep books	1782
and records for the furnishing of sweepstakes terminal devices and	1783
related gaming equipment, and supplies to sweepstakes terminal	1784
device gaming operations separate from books and records of any	1785
other business operated by the vendor. Each sweepstakes terminal	1786
device vendor shall file a quarterly return with the commission	1787
listing all sales and leases. A sweepstakes terminal device vendor	1788
shall permanently affix the vendor's name, as filed with the	1789
commission, to all of the vendor's sweepstakes terminal devices	1790
and related gaming equipment and supplies used or offered for sale	1791
in this state.	1792

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	1793
are used to make wagers shall be purchased from the casino	1794
operator or management company while at a casino facility that has	1795
been approved by the commission. Chips, tokens, tickets,	1796
electronic cards, or similar objects may be used while at the	1797
casino facility only for the purpose of making wagers on casino	1798
games.	1799

(B) Casino operators and management companies may provide	1800
promotional gaming credits to their patrons. Promotional gaming	1801
credits shall be subject to oversight by the commission.	1802

(C) Casino operators and, management companies, and	1803
sweepstakes terminal device operators shall not do any of the	1804
following:	1805

(1) Obtain a license to operate a check-cashing business	1806
under sections 1315.01 to 1315.30 of the Revised Code;	1807

(2) Obtain a license to provide loans under sections 1321.01	1808
to 1321.19 of the Revised Code;	1809

(3) Obtain a license to provide loans under sections 1321.35	1810
to 1321.48 of the Revised Code.	1811

Sec. 3772.24. (A) An employee of a casino facility who is	1812
between eighteen and twenty-one years of age may be present in the	1813
area of a casino facility where casino gaming is being conducted,	1814
as long as the employee's duties are related solely to nongaming	1815
activities. An individual who is less than twenty-one years of age	1816
may enter a designated area of a casino facility where casino	1817
gaming is being conducted, as established by the commission, to	1818
pass to another area where casino gaming is not being conducted.	1819
An individual who is less than twenty-one years of age shall not	1820
make a wager under this chapter.	1821

(B) Casino operators shall notify the commission of the days	1822
and hours during which casino gaming will be conducted.	1823

(C) An individual who is under twenty-one years of age shall	1824
not be employed at a sweepstakes terminal device facility by a	1825
sweepstakes terminal device operator and shall not be allowed to	1826
engage in sweepstakes terminal device gaming at a sweepstakes	1827
terminal device facility.	1828

Sec. 3772.30. (A) If any person violates section 2915.062 of	1829
the Revised Code or this chapter or a rule adopted thereunder, the	1830
attorney general has a cause of action to restrain the violation.	1831
Such an action is a civil action, governed by the Rules of Civil	1832
Procedure. Upon receiving a request from the commission or the	1833
executive director, the attorney general shall commence and	1834
prosecute such an action to completion. The court shall give	1835
priority to such an action over all other civil actions. Such an	1836
action does not preclude an administrative or criminal proceeding	1837
on the same facts.	1838

(B) The attorney general may enter into agreements with any	1839
state or local law enforcement agency to carry out its duties.	1840

(C) A sheriff, chief of police, and prosecuting attorney	1841
shall furnish to the commission, on prescribed forms, all	1842
information obtained during the course of any substantial	1843
investigation or prosecution if it appears a violation of this	1844
chapter has occurred. Any such information is not a public record,	1845
as defined in section 149.43 of the Revised Code, until such	1846
information would otherwise become a public record.	1847

Sec. 3772.301. (A) At any time after the effective date of	1848
this section, a legislative authority of a municipal corporation	1849
or of an unincorporated area of a township may adopt an ordinance	1850
or resolution affirmatively allowing the operation of sweepstakes	1851
terminal devices within the municipal corporation or within the	1852
unincorporated area of the township. A legislative authority that	1853
has adopted such an ordinance or resolution may charge sweepstakes	1854
terminal device vendors and sweepstakes terminal device operators	1855
fees.	1856

(B) Within seven days after adopting an ordinance or	1857
resolution under division (A) of this section, the legislative	1858
authority shall provide written notice to the casino control	1859
commission that the operation of sweepstakes terminal devices is	1860
allowed within the municipal corporation or within the	1861
unincorporated area of the township.	1862

Sec. 3772.31.  (A) The commission, by and through the	1863
executive director of the commission and as required under section	1864
125.05 of the Revised Code, may enter into contracts necessary to	1865
ensure the proper operation and reporting of all casino gaming and	1866
sweepstakes terminal device gaming authorized under this chapter.	1867
The commission shall not require use of a central system by a	1868
casino operator if the casino operator is in compliance with this	1869
chapter. If the commission determines, after written notice to the	1870
casino operator and a hearing under section 3772.04 of the Revised	1871
Code, that a casino operator is not in compliance with this	1872
chapter, the commission may determine it is necessary to require	1873
the casino operator to install and implement a central system	1874
under such conditions as the commission may require. Before any	1875
such hearing, the commission shall provide the casino operator	1876
with written notice that the casino operator is not in compliance	1877
with a specific requirement of this chapter, describe the	1878
requirement, and provide the casino operator at least thirty days	1879
to cure the noncompliance or, if the cure cannot be reasonably	1880
rectified within thirty days, require the casino operator to	1881
demonstrate to the commission's satisfaction that the casino	1882
operator is diligently pursuing the required cure. The system	1883
shall be operated by or under the commission's control. If the	1884
commission determines that a central system is necessary and	1885
adopts rules authorizing a central system, casino operators shall	1886
be responsible for the costs of the central system as it relates	1887
to casino facilities. The commission shall require and shall adopt	1888
rules to authorize a central system for sweepstakes terminal	1889
device operators. Sweepstakes terminal device operators shall be	1890
responsible for the costs of the central system as the system	1891
relates to sweepstakes terminal device gaming as authorized under	1892
this chapter.	1893

(B) The commission shall certify independent testing	1894
laboratories to scientifically test and technically evaluate all	1895
electronic gaming equipment, including sweepstakes terminal	1896
devices, slot machines, mechanical, electromechanical, or	1897
electronic table games, and slot accounting systems, and other	1898
electronic gaming equipment for compliance with this chapter. The	1899
certified independent testing laboratories shall be accredited by	1900
a national accreditation body. The commission shall certify an	1901
independent testing laboratory if it is competent and qualified to	1902
scientifically test and evaluate electronic gaming equipment for	1903
compliance with this chapter and to otherwise perform the	1904
functions assigned to an independent testing laboratory under this	1905
chapter. An independent testing laboratory shall not be owned or	1906
controlled by, or have any interest in, a gaming-related vendor or	1907
sweepstakes terminal device vendor of electronic gaming equipment.	1908
The commission shall prepare a list of certified independent	1909
testing laboratories from which independent testing laboratories	1910
shall be chosen for all purposes under this chapter.	1911

Sec. 3772.35.  (A) In carrying out the responsibilities	1912
delegated in section 3772.03 of the Revised Code, the commission	1913
may issue a sweepstakes terminal device vendor license if the	1914
applicant meets all requirements under this chapter and any rule	1915
adopted by the commission, and meets all requirements under	1916
Chapter 2915. of the Revised Code.	1917

(B) Any person may apply for a sweepstakes terminal device	1918
vendor license. The application shall be made under oath on a form	1919
provided by the commission, and shall contain all information	1920
required by the commission. The application shall be accompanied	1921
by the nonrefundable license application fee assessed by the	1922
commission under section 3772.17 of the Revised Code.	1923

(C)(1) A sweepstakes terminal device vendor shall be licensed	1924
prior to the shipment by the vendor of any sweepstakes terminal	1925
devices and related gaming equipment and supplies into, within, or	1926
out of this state.	1927

(2) A sweepstakes terminal device vendor shall submit each	1928
individual sweepstakes terminal device and related gaming	1929
equipment and supplies to be used in this state for testing,	1930
certification, and approval, as prescribed by rules adopted under	1931
this chapter. Prior to shipment and delivery, each individual	1932
sweepstakes terminal device intended to be used in this state	1933
shall have permanently affixed to it a certificate of approval	1934
from a certified independent testing laboratory in a form and	1935
manner prescribed by the commission and shall be sealed by the	1936
certified independent testing laboratory at the time of approval	1937
in a manner prescribed by the commission.	1938

Sec. 3772.36.  (A) In carrying out the responsibilities	1939
delegated in section 3772.03 of the Revised Code, the commission	1940
may issue a sweepstakes terminal device operator license if the	1941
applicant meets all requirements under this chapter and any rule	1942
adopted by the commission, and meets all requirements under	1943
Chapter 2915. of the Revised Code.	1944

(B) Any person may apply for a sweepstakes terminal device	1945
operator license at any time after an ordinance or a resolution is	1946
adopted under section 3772.301 of the Revised Code by the	1947
legislative authority of the municipal corporation or of the	1948
unincorporated area of the township in which the applicant will be	1949
conducting sweepstakes terminal device gaming. The application	1950
shall be made under oath on a form provided by the commission, and	1951
shall contain all information required by the commission. The	1952
application shall be accompanied by the nonrefundable license	1953
application fee assessed by the commission under section 3772.17	1954
of the Revised Code.	1955

(C) The following restrictions apply to a sweepstakes	1956
terminal device operator licensee:	1957

(1) No beer or intoxicating liquor shall be served or	1958
consumed in any licensed sweepstakes terminal device facility.	1959

(2) A sweepstakes terminal device operator, including that	1960
operator's partners, affiliates, subsidiaries, and contractors,	1961
shall not obtain or retain a lottery sales agent license.	1962

(3) The operator's sweepstakes terminal device facility shall	1963
not:	1964

(a) Obtain or retain a lottery sales agent license;

1965

(b) Be within five hundred feet of a casino facility or a	1966
race track where pari-mutuel wagering is permitted;	1967

(c) Be within one thousand feet of a primary or secondary	1968
school or a child day-care facility; or	1969

(d) Be located on a parcel zoned for residential purposes.

1970

(4) No person under twenty-one years of age shall be allowed	1971
to enter or be employed at a sweepstakes terminal device facility.	1972

(D) A sweepstakes terminal device operator shall be licensed	1973
before any sweepstakes terminal devices are shipped to or	1974
installed at the operator's sweepstakes terminal device facility.	1975
The sweepstakes terminal devices shall be shipped and installed in	1976
the manner prescribed by rules adopted under this chapter.	1977

(E) Before a licensed sweepstakes terminal device operator	1978
may conduct sweepstakes terminal device gaming at a sweepstakes	1979
terminal device facility, and prior to the installation of any	1980
sweepstakes terminal device at a sweepstakes terminal device	1981
facility, the sweepstakes terminal device operator shall submit to	1982
a certified independent testing laboratory each individual	1983
sweepstakes terminal device and related gaming equipment and	1984
supplies for testing, certification, approval, and sealing as	1985
prescribed by rules adopted under this chapter. The proof or	1986
certification of examination and approval of a sweepstakes	1987
terminal device and related gaming equipment and supplies that	1988
satisfies the requirements of division (C) of section 3772.35 of	1989
the Revised Code does not satisfy the requirement of this	1990
division. A sweepstakes terminal device operator shall obtain a	1991
separate and independent examination and approval of all	1992
sweepstakes terminal devices and related gaming equipment and	1993
supplies by a certified independent testing laboratory under this	1994
chapter.	1995

(F) A licensed sweepstakes terminal device operator shall	1996
conspicuously post in each sweepstakes terminal device facility	1997
the rules of all sweepstakes the operator is conducting at the	1998
facility.	1999

Sec. 3772.99.  (A) The commission shall levy and collect	2000
penalties for noncriminal violations of this chapter. Moneys	2001
collected from such penalty levies shall be credited to the	2002
general revenue fund.	2003

(B) If a licensed casino operator, management company,	2004
holding company, gaming-related vendor, or key employeelicensee	2005
violates this chapter or engages in a fraudulent act, the	2006
commission may suspend or revoke the license and may do either or	2007
both of the following:	2008

(1) Suspend, revoke, or restrict the casino gaming operations	2009
of a casino operator and the sweepstakes terminal device gaming	2010
operations of a sweepstakes terminal device operator;	2011

(2) Require the removal of a management company, key	2012
employee, or discontinuance of services from a gaming-related	2013
vendor or sweepstakes terminal device vendor.	2014

(C) The commission shall impose civil penalties against a	2015
person who violates this chapter under the penalties adopted by	2016
commission rule and reviewed by the joint committee on gaming and	2017
wagering.	2018

(D) A person who knowingly or intentionally does any of the	2019
following commits a misdemeanor of the first degree on the first	2020
offense and a felony of the fifth degree for a subsequent offense:	2021

(1) Makes a false statement on an application submitted under	2022
this chapter;	2023

(2) Permits a person less than twenty-one years of age to	2024
make a wager or to engage in sweepstakes terminal device gaming at	2025
a sweepstakes terminal device facility;	2026

(3) Aids, induces, or causes a person less than twenty-one	2027
years of age who is not an employee of the casino gaming operation	2028
to enter or attempt to enter a casino facility;	2029

(4) Enters or attempts to enter a casino facility or	2030
sweepstakes terminal device facility while under twenty-one years	2031
of age, unless, in the case of a casino facility, the person	2032
enters a designated area as described in section 3772.24 of the	2033
Revised Code;	2034

(5) Wagers or accepts a wager at a location other than a	2035
casino facility;	2036

(6) Is a casino operator or employee and participates in	2037
casino gaming other than as part of operation or employment.	2038

(E) A person who knowingly or intentionally does any of the	2039
following commits a felony of the fifth degree on a first offense	2040
and a felony of the fourth degree for a subsequent offense. If the	2041
person is a licensee under this chapter, the commission shall	2042
revoke the person's license after the first offense.	2043

(1) Offers, promises, or gives anything of value or benefit	2044
to a person who is connected with the casino operator, management	2045
company, holding company, or gaming-related vendora licensee,	2046
including their officers and employees, under an agreement to	2047
influence or with the intent to influence the actions of the	2048
person to whom the offer, promise, or gift was made in order to	2049
affect or attempt to affect the outcome of a casino game or of a	2050
sweepstakes or an official action of a commission member;	2051

(2) Solicits, accepts, or receives a promise of anything of	2052
value or benefit while the person is connected with a casino or	2053
sweepstakes terminal device facility, including an officer or	2054
employee of a casino operator, management company, or	2055
gaming-related vendorlicensee, under an agreement to influence or	2056
with the intent to influence the actions of the person to affect	2057
or attempt to affect the outcome of a casino game or of a	2058
sweepstakes or an official action of a commission member;	2059

(3) Uses or possesses with the intent to use a device to	2060
assist in projecting the outcome of the casino game, keeping track	2061
of the cards played, analyzing the probability of the occurrence	2062
of an event relating to the casino game, or analyzing the strategy	2063
for playing or betting to be used in the casino game, except as	2064
permitted by the commission;	2065

(4) Cheats at a casino game or sweepstakes;

2066

(5) Manufactures, sells, or distributes any cards, chips,	2067
dice, game, or device that is intended to be used to violate this	2068
chapter;	2069

(6) Alters or misrepresents the outcome of a sweepstakes, or	2070
of a casino game on which wagers have been made, after the outcome	2071
is made sure but before the outcome is revealed to the players;	2072

(7) Places a wager on the outcome of a casino game or engages	2073
in sweepstakes terminal device gaming after acquiring knowledge	2074
that is not available to all players and concerns the outcome of	2075
the casino game or sweepstakes that is the subject of the wager or	2076
entry;	2077

(8) Aids a person in acquiring the knowledge described in	2078
division (E)(7) of this section for the purpose of placing a wager	2079
or entering a sweepstakes through a sweepstakes terminal device	2080
contingent on the outcome of a casino game or of a sweepstakes;	2081

(9) Claims, collects, takes, or attempts to claim, collect,	2082
or take money or anything of value in or from a casino game or a	2083
sweepstakes with the intent to defraud or without having made a	2084
wager contingent on winning a casino game or a sweepstakes;	2085

(10) Claims, collects, or takes an amount of money or thing	2086
of value of greater value than the amount won in a casino game or	2087
in a sweepstakes;	2088

(11) Uses or possesses counterfeit chips or tokens in or for	2089
use in a casino game or in a sweepstakes;	2090

(12) Possesses a key or device designed for opening,	2091
entering, or affecting the operation of a casino game or of a	2092
sweepstakes, drop box, or an electronic or a mechanical device	2093
connected with the casino game or the sweepstakes, or removing	2094
coins, tokens, chips, or other contents of a casino game or of a	2095
sweepstakes. This division does not apply to a casino operator,	2096
management company, or gaming-related vendorlicensee or their	2097
agents and employees in the course of agency or employment.	2098

(13) Possesses materials used to manufacture a slug or device	2099
intended to be used in a manner that violates this chapter;	2100

(14) Operates a casino gaming or sweepstakes terminal device	2101
gaming operation in which wagering or entering is conducted or is	2102
to be conducted in a manner other than the manner required under	2103
this chapter.	2104

(F) The possession of more than one of the devices described	2105
in division (E)(11), (12), or (13) of this section creates a	2106
rebuttable presumption that the possessor intended to use the	2107
devices for cheating.	2108

(G) A person who is convicted of a felony described in this	2109
chapter or Chapter 2915. of the Revised Code may be barred for	2110
life from entering a casino facility by the commissionor	2111
sweepstakes terminal device facility.	2112

Section 2.  That existing sections 2915.01, 2915.03, 3772.01,	2113
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.09,	2114
3772.10, 3772.17, 3772.21, 3772.23, 3772.24, 3772.30, 3772.31, and	2115
3772.99 of the Revised Code are hereby repealed.	2116

Section 3.  Enforcement of the prize prohibitions and	2117
limitations contained in division (B)(1) of section 2915.062 of	2118
the Revised Code shall commence on the effective date of this act.	2119

Section 4.  Beginning six months after the effective date of	2120
the rules adopted by the Ohio Casino Control Commission under	2121
section 3772.03 of the Revised Code, as amended by this act, any	2122
person who conducts sweepstakes terminal device gaming without a	2123
license issued by the Commission is considered to be in violation	2124
of division (B)(2) of section 2915.062 of the Revised Code.	2125

Section 5. Not later than thirty days after the effective	2126
date of this act, any person conducting sweepstakes terminal	2127
device gaming shall register with the Ohio Casino Control	2128
Commission on a form provided by the Commission.	2129