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To amend sections 109.54, 2915.01, and 2915.02 of the | 1 |
Revised Code to permit the Bureau of Criminal | 2 |
Identification and Investigation to investigate | 3 |
criminal activity related to the Gambling Law, to | 4 |
make changes related to schemes of chance, and to | 5 |
require certifications related to the conduct of a | 6 |
sweepstakes with the use of a sweepstakes terminal | 7 |
device. | 8 |
Section 1. That sections 109.54, 2915.01, and 2915.02 of the | 9 |
Revised Code be amended to read as follows: | 10 |
Sec. 109.54. (A) The bureau of criminal identification and | 11 |
investigation may investigate any criminal activity in this state | 12 |
that is of statewide or intercounty concern when requested by | 13 |
local authorities and may aid federal authorities, when requested, | 14 |
in their investigation of any criminal activity in this state. The | 15 |
bureau may investigate any criminal activity in this state related | 16 |
to the conduct of elections when requested by the secretary of | 17 |
state. The bureau may investigate any criminal activity in this | 18 |
state involving drug abuse or illegal drug distribution prohibited | 19 |
under Chapter 3719. or 4729. of the Revised Code or any violation | 20 |
of section 2915.02 of the Revised Code. The superintendent and any | 21 |
agent of the bureau may participate, as the director of an | 22 |
organized crime task force established under section 177.02 of the | 23 |
Revised Code or as a member of the investigatory staff of a task | 24 |
force established under that section, in an investigation of | 25 |
organized criminal activity anywhere within this state under | 26 |
sections 177.01 to 177.03 of the Revised Code. | 27 |
(B) The bureau may provide any trained investigative | 28 |
personnel and specialized equipment that are requested by any | 29 |
sheriff or chief of police, by the authorized designee of any | 30 |
sheriff or chief of police, or by any other authorized law | 31 |
enforcement officer to aid and assist the officer in the | 32 |
investigation and solution of any crime or the control of any | 33 |
criminal activity occurring within the officer's jurisdiction. | 34 |
This assistance shall be furnished by the bureau without | 35 |
disturbing or impairing any of the existing law enforcement | 36 |
authority or the prerogatives of local law enforcement authorities | 37 |
or officers. Investigators provided pursuant to this section, or | 38 |
engaged in an investigation pursuant to section 109.83 of the | 39 |
Revised Code, may go armed in the same manner as sheriffs and | 40 |
regularly appointed police officers under section 2923.12 of the | 41 |
Revised Code. | 42 |
(C)(1) The bureau shall obtain recording equipment that can | 43 |
be used to record depositions of the type described in division | 44 |
(A) of section 2152.81 and division (A) of section 2945.481 of the | 45 |
Revised Code, or testimony of the type described in division (D) | 46 |
of section 2152.81 and division (D) of section 2945.481 or in | 47 |
division (C) of section 2937.11 of the Revised Code, shall obtain | 48 |
closed circuit equipment that can be used to televise testimony of | 49 |
the type described in division (C) of section 2152.81 and division | 50 |
(C) of section 2945.481 or in division (B) of section 2937.11 of | 51 |
the Revised Code, and shall provide the equipment, upon request, | 52 |
to any court for use in recording any deposition or testimony of | 53 |
one of those types or in televising the testimony in accordance | 54 |
with the applicable division. | 55 |
(2) The bureau shall obtain the names, addresses, and | 56 |
telephone numbers of persons who are experienced in questioning | 57 |
children in relation to an investigation of a violation of section | 58 |
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 59 |
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, | 60 |
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an | 61 |
offense of violence and shall maintain a list of those names, | 62 |
addresses, and telephone numbers. The list shall include a | 63 |
classification of the names, addresses, and telephone numbers by | 64 |
appellate district. Upon request, the bureau shall provide any | 65 |
county sheriff, chief of police, prosecuting attorney, village | 66 |
solicitor, city director of law, or similar chief legal officer | 67 |
with the name, address, and telephone number of any person | 68 |
contained in the list. | 69 |
Sec. 2915.01. As used in this chapter: | 70 |
(A) "Bookmaking" means the business of receiving or paying | 71 |
off bets. | 72 |
(B) "Bet" means the hazarding of anything of value upon the | 73 |
result of an event, undertaking, or contingency, but does not | 74 |
include a bona fide business risk. | 75 |
(C) "Scheme of chance" means a slot machine unless authorized | 76 |
under Chapter 3772. of the Revised Code, lottery unless authorized | 77 |
under Chapter 3770. of the Revised Code, numbers game, pool | 78 |
conducted for profit, or other scheme in which a participant gives | 79 |
a valuable consideration for a chance to win a prize, but does not | 80 |
include bingo, a skill-based amusement machine, or a pool not | 81 |
conducted for profit. "Scheme of chance" includes the use of an | 82 |
electronic device to reveal the results of a game entry if | 83 |
valuable consideration is paid, directly or indirectly, for a | 84 |
chance to win a prize. Valuable consideration is deemed to be paid | 85 |
for a chance to win a prize in the following instances: | 86 |
(1) Less than fifty per cent of the goods or services sold by | 87 |
a scheme of chance operator in exchange for game entries are used | 88 |
or redeemed by participants at any one location; | 89 |
(2) Less than fifty per cent of participants who purchase | 90 |
goods or services at any one location do not accept, use, or | 91 |
redeem the goods or services sold or purportedly sold; | 92 |
(3) More than fifty per cent of prizes at any one location | 93 |
are revealed to participants through an electronic device | 94 |
simulating a game of chance or a "casino game" as defined in | 95 |
section 3772.01 of the Revised Code; | 96 |
(4) The good or service sold by a scheme of chance operator | 97 |
in exchange for a game entry cannot be used or redeemed in the | 98 |
manner advertised; | 99 |
(5) A participant pays more than fair market value for goods | 100 |
or services offered by a scheme of chance operator in order to | 101 |
receive one or more game entries; | 102 |
(6) A participant may use the electronic device to purchase | 103 |
additional game entries; | 104 |
(7) A participant may purchase additional game entries by | 105 |
using points or credits won as prizes while using the electronic | 106 |
device; | 107 |
(8) A scheme of chance operator pays out in prize money more | 108 |
than twenty per cent of the gross revenue received at one | 109 |
location; or | 110 |
(9) A participant makes a purchase or exchange in order to | 111 |
obtain any good or service that may be used to facilitate play on | 112 |
the electronic device. | 113 |
As used in this division, "electronic device" means a | 114 |
mechanical, video, digital, or electronic machine or device that | 115 |
is capable of displaying information on a screen or other | 116 |
mechanism and that is owned, leased, or otherwise possessed by any | 117 |
person conducting a scheme of chance, or by that person's | 118 |
partners, affiliates, subsidiaries, or contractors. | 119 |
(D) "Game of chance" means poker, craps, roulette, or other | 120 |
game in which a player gives anything of value in the hope of | 121 |
gain, the outcome of which is determined largely by chance, but | 122 |
does not include bingo. | 123 |
(E) "Game of chance conducted for profit" means any game of | 124 |
chance designed to produce income for the person who conducts or | 125 |
operates the game of chance, but does not include bingo. | 126 |
(F) "Gambling device" means any of the following: | 127 |
(1) A book, totalizer, or other equipment for recording bets; | 128 |
(2) A ticket, token, or other device representing a chance, | 129 |
share, or interest in a scheme of chance or evidencing a bet; | 130 |
(3) A deck of cards, dice, gaming table, roulette wheel, slot | 131 |
machine, or other apparatus designed for use in connection with a | 132 |
game of chance; | 133 |
(4) Any equipment, device, apparatus, or paraphernalia | 134 |
specially designed for gambling purposes; | 135 |
(5) Bingo supplies sold or otherwise provided, or used, in | 136 |
violation of this chapter. | 137 |
(G) "Gambling offense" means any of the following: | 138 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 139 |
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, | 140 |
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code; | 141 |
(2) A violation of an existing or former municipal ordinance | 142 |
or law of this or any other state or the United States | 143 |
substantially equivalent to any section listed in division (G)(1) | 144 |
of this section or a violation of section 2915.06 of the Revised | 145 |
Code as it existed prior to July 1, 1996; | 146 |
(3) An offense under an existing or former municipal | 147 |
ordinance or law of this or any other state or the United States, | 148 |
of which gambling is an element; | 149 |
(4) A conspiracy or attempt to commit, or complicity in | 150 |
committing, any offense under division (G)(1), (2), or (3) of this | 151 |
section. | 152 |
(H) Except as otherwise provided in this chapter, "charitable | 153 |
organization" means either of the following: | 154 |
(1) An organization that is, and has received from the | 155 |
internal revenue service a determination letter that currently is | 156 |
in effect stating that the organization is, exempt from federal | 157 |
income taxation under subsection 501(a) and described in | 158 |
subsection 501(c)(3) of the Internal Revenue Code; | 159 |
(2) A volunteer rescue service organization, volunteer | 160 |
firefighter's organization, veteran's organization, fraternal | 161 |
organization, or sporting organization that is exempt from federal | 162 |
income taxation under subsection 501(c)(4), (c)(7), (c)(8), | 163 |
(c)(10), or (c)(19) of the Internal Revenue Code. | 164 |
To qualify as a "charitable organization," an organization | 165 |
shall have been in continuous existence as such in this state for | 166 |
a period of two years immediately preceding either the making of | 167 |
an application for a bingo license under section 2915.08 of the | 168 |
Revised Code or the conducting of any game of chance as provided | 169 |
in division (D) of section 2915.02 of the Revised Code. | 170 |
(I) "Religious organization" means any church, body of | 171 |
communicants, or group that is not organized or operated for | 172 |
profit and that gathers in common membership for regular worship | 173 |
and religious observances. | 174 |
(J) "Veteran's organization" means any individual post or | 175 |
state headquarters of a national veteran's association or an | 176 |
auxiliary unit of any individual post of a national veteran's | 177 |
association, which post, state headquarters, or auxiliary unit is | 178 |
incorporated as a nonprofit corporation and either has received a | 179 |
letter from the state headquarters of the national veteran's | 180 |
association indicating that the individual post or auxiliary unit | 181 |
is in good standing with the national veteran's association or has | 182 |
received a letter from the national veteran's association | 183 |
indicating that the state headquarters is in good standing with | 184 |
the national veteran's association. As used in this division, | 185 |
"national veteran's association" means any veteran's association | 186 |
that has been in continuous existence as such for a period of at | 187 |
least five years and either is incorporated by an act of the | 188 |
United States congress or has a national dues-paying membership of | 189 |
at least five thousand persons. | 190 |
(K) "Volunteer firefighter's organization" means any | 191 |
organization of volunteer firefighters, as defined in section | 192 |
146.01 of the Revised Code, that is organized and operated | 193 |
exclusively to provide financial support for a volunteer fire | 194 |
department or a volunteer fire company and that is recognized or | 195 |
ratified by a county, municipal corporation, or township. | 196 |
(L) "Fraternal organization" means any society, order, state | 197 |
headquarters, or association within this state, except a college | 198 |
or high school fraternity, that is not organized for profit, that | 199 |
is a branch, lodge, or chapter of a national or state | 200 |
organization, that exists exclusively for the common business or | 201 |
sodality of its members. | 202 |
(M) "Volunteer rescue service organization" means any | 203 |
organization of volunteers organized to function as an emergency | 204 |
medical service organization, as defined in section 4765.01 of the | 205 |
Revised Code. | 206 |
(N) "Charitable bingo game" means any bingo game described in | 207 |
division (O)(1) or (2) of this section that is conducted by a | 208 |
charitable organization that has obtained a license pursuant to | 209 |
section 2915.08 of the Revised Code and the proceeds of which are | 210 |
used for a charitable purpose. | 211 |
(O) "Bingo" means either of the following: | 212 |
(1) A game with all of the following characteristics: | 213 |
(a) The participants use bingo cards or sheets, including | 214 |
paper formats and electronic representation or image formats, that | 215 |
are divided into twenty-five spaces arranged in five horizontal | 216 |
and five vertical rows of spaces, with each space, except the | 217 |
central space, being designated by a combination of a letter and a | 218 |
number and with the central space being designated as a free | 219 |
space. | 220 |
(b) The participants cover the spaces on the bingo cards or | 221 |
sheets that correspond to combinations of letters and numbers that | 222 |
are announced by a bingo game operator. | 223 |
(c) A bingo game operator announces combinations of letters | 224 |
and numbers that appear on objects that a bingo game operator | 225 |
selects by chance, either manually or mechanically, from a | 226 |
receptacle that contains seventy-five objects at the beginning of | 227 |
each game, each object marked by a different combination of a | 228 |
letter and a number that corresponds to one of the seventy-five | 229 |
possible combinations of a letter and a number that can appear on | 230 |
the bingo cards or sheets. | 231 |
(d) The winner of the bingo game includes any participant who | 232 |
properly announces during the interval between the announcements | 233 |
of letters and numbers as described in division (O)(1)(c) of this | 234 |
section, that a predetermined and preannounced pattern of spaces | 235 |
has been covered on a bingo card or sheet being used by the | 236 |
participant. | 237 |
(2) Instant bingo, punch boards, and raffles. | 238 |
(P) "Conduct" means to back, promote, organize, manage, carry | 239 |
on, sponsor, or prepare for the operation of bingo or a game of | 240 |
chance, a scheme of chance, or a sweepstakes. | 241 |
(Q) "Bingo game operator" means any person, except security | 242 |
personnel, who performs work or labor at the site of bingo, | 243 |
including, but not limited to, collecting money from participants, | 244 |
handing out bingo cards or sheets or objects to cover spaces on | 245 |
bingo cards or sheets, selecting from a receptacle the objects | 246 |
that contain the combination of letters and numbers that appear on | 247 |
bingo cards or sheets, calling out the combinations of letters and | 248 |
numbers, distributing prizes, selling or redeeming instant bingo | 249 |
tickets or cards, supervising the operation of a punch board, | 250 |
selling raffle tickets, selecting raffle tickets from a receptacle | 251 |
and announcing the winning numbers in a raffle, and preparing, | 252 |
selling, and serving food or beverages. | 253 |
(R) "Participant" means any person who plays bingo. | 254 |
(S) "Bingo session" means a period that includes both of the | 255 |
following: | 256 |
(1) Not to exceed five continuous hours for the conduct of | 257 |
one or more games described in division (O)(1) of this section, | 258 |
instant bingo, and seal cards; | 259 |
(2) A period for the conduct of instant bingo and seal cards | 260 |
for not more than two hours before and not more than two hours | 261 |
after the period described in division (S)(1) of this section. | 262 |
(T) "Gross receipts" means all money or assets, including | 263 |
admission fees, that a person receives from bingo without the | 264 |
deduction of any amounts for prizes paid out or for the expenses | 265 |
of conducting bingo. "Gross receipts" does not include any money | 266 |
directly taken in from the sale of food or beverages by a | 267 |
charitable organization conducting bingo, or by a bona fide | 268 |
auxiliary unit or society of a charitable organization conducting | 269 |
bingo, provided all of the following apply: | 270 |
(1) The auxiliary unit or society has been in existence as a | 271 |
bona fide auxiliary unit or society of the charitable organization | 272 |
for at least two years prior to conducting bingo. | 273 |
(2) The person who purchases the food or beverage receives | 274 |
nothing of value except the food or beverage and items customarily | 275 |
received with the purchase of that food or beverage. | 276 |
(3) The food and beverages are sold at customary and | 277 |
reasonable prices. | 278 |
(U) "Security personnel" includes any person who either is a | 279 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 280 |
constable, or member of an organized police department of a | 281 |
municipal corporation or has successfully completed a peace | 282 |
officer's training course pursuant to sections 109.71 to 109.79 of | 283 |
the Revised Code and who is hired to provide security for the | 284 |
premises on which bingo is conducted. | 285 |
(V) "Charitable purpose" means that the net profit of bingo, | 286 |
other than instant bingo, is used by, or is given, donated, or | 287 |
otherwise transferred to, any of the following: | 288 |
(1) Any organization that is described in subsection | 289 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 290 |
and is either a governmental unit or an organization that is tax | 291 |
exempt under subsection 501(a) and described in subsection | 292 |
501(c)(3) of the Internal Revenue Code; | 293 |
(2) A veteran's organization that is a post, chapter, or | 294 |
organization of veterans, or an auxiliary unit or society of, or a | 295 |
trust or foundation for, any such post, chapter, or organization | 296 |
organized in the United States or any of its possessions, at least | 297 |
seventy-five per cent of the members of which are veterans and | 298 |
substantially all of the other members of which are individuals | 299 |
who are spouses, widows, or widowers of veterans, or such | 300 |
individuals, provided that no part of the net earnings of such | 301 |
post, chapter, or organization inures to the benefit of any | 302 |
private shareholder or individual, and further provided that the | 303 |
net profit is used by the post, chapter, or organization for the | 304 |
charitable purposes set forth in division (B)(12) of section | 305 |
5739.02 of the Revised Code, is used for awarding scholarships to | 306 |
or for attendance at an institution mentioned in division (B)(12) | 307 |
of section 5739.02 of the Revised Code, is donated to a | 308 |
governmental agency, or is used for nonprofit youth activities, | 309 |
the purchase of United States or Ohio flags that are donated to | 310 |
schools, youth groups, or other bona fide nonprofit organizations, | 311 |
promotion of patriotism, or disaster relief; | 312 |
(3) A fraternal organization that has been in continuous | 313 |
existence in this state for fifteen years and that uses the net | 314 |
profit exclusively for religious, charitable, scientific, | 315 |
literary, or educational purposes, or for the prevention of | 316 |
cruelty to children or animals, if contributions for such use | 317 |
would qualify as a deductible charitable contribution under | 318 |
subsection 170 of the Internal Revenue Code; | 319 |
(4) A volunteer firefighter's organization that uses the net | 320 |
profit for the purposes set forth in division (K) of this section. | 321 |
(W) "Internal Revenue Code" means the "Internal Revenue Code | 322 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 323 |
amended. | 324 |
(X) "Youth athletic organization" means any organization, not | 325 |
organized for profit, that is organized and operated exclusively | 326 |
to provide financial support to, or to operate, athletic | 327 |
activities for persons who are twenty-one years of age or younger | 328 |
by means of sponsoring, organizing, operating, or contributing to | 329 |
the support of an athletic team, club, league, or association. | 330 |
(Y) "Youth athletic park organization" means any | 331 |
organization, not organized for profit, that satisfies both of the | 332 |
following: | 333 |
(1) It owns, operates, and maintains playing fields that | 334 |
satisfy both of the following: | 335 |
(a) The playing fields are used at least one hundred days per | 336 |
year for athletic activities by one or more organizations, not | 337 |
organized for profit, each of which is organized and operated | 338 |
exclusively to provide financial support to, or to operate, | 339 |
athletic activities for persons who are eighteen years of age or | 340 |
younger by means of sponsoring, organizing, operating, or | 341 |
contributing to the support of an athletic team, club, league, or | 342 |
association. | 343 |
(b) The playing fields are not used for any profit-making | 344 |
activity at any time during the year. | 345 |
(2) It uses the proceeds of bingo it conducts exclusively for | 346 |
the operation, maintenance, and improvement of its playing fields | 347 |
of the type described in division (Y)(1) of this section. | 348 |
(Z) "Bingo supplies" means bingo cards or sheets; instant | 349 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 350 |
punch boards; seal cards; instant bingo ticket dispensers; and | 351 |
devices for selecting or displaying the combination of bingo | 352 |
letters and numbers or raffle tickets. Items that are "bingo | 353 |
supplies" are not gambling devices if sold or otherwise provided, | 354 |
and used, in accordance with this chapter. For purposes of this | 355 |
chapter, "bingo supplies" are not to be considered equipment used | 356 |
to conduct a bingo game. | 357 |
(AA) "Instant bingo" means a form of bingo that shall use | 358 |
folded or banded tickets or paper cards with perforated break-open | 359 |
tabs, a face of which is covered or otherwise hidden from view to | 360 |
conceal a number, letter, or symbol, or set of numbers, letters, | 361 |
or symbols, some of which have been designated in advance as prize | 362 |
winners, and may also include games in which some winners are | 363 |
determined by the random selection of one or more bingo numbers by | 364 |
the use of a seal card or bingo blower. In all "instant bingo" the | 365 |
prize amount and structure shall be predetermined. "Instant bingo" | 366 |
does not include any device that is activated by the insertion of | 367 |
a coin, currency, token, or an equivalent, and that contains as | 368 |
one of its components a video display monitor that is capable of | 369 |
displaying numbers, letters, symbols, or characters in winning or | 370 |
losing combinations. | 371 |
(BB) "Seal card" means a form of instant bingo that uses | 372 |
instant bingo tickets in conjunction with a board or placard that | 373 |
contains one or more seals that, when removed or opened, reveal | 374 |
predesignated winning numbers, letters, or symbols. | 375 |
(CC) "Raffle" means a form of bingo in which the one or more | 376 |
prizes are won by one or more persons who have purchased a raffle | 377 |
ticket. The one or more winners of the raffle are determined by | 378 |
drawing a ticket stub or other detachable section from a | 379 |
receptacle containing ticket stubs or detachable sections | 380 |
corresponding to all tickets sold for the raffle. "Raffle" does | 381 |
not include the drawing of a ticket stub or other detachable | 382 |
section of a ticket purchased to attend a professional sporting | 383 |
event if both of the following apply: | 384 |
(1) The ticket stub or other detachable section is used to | 385 |
select the winner of a free prize given away at the professional | 386 |
sporting event; and | 387 |
(2) The cost of the ticket is the same as the cost of a | 388 |
ticket to the professional sporting event on days when no free | 389 |
prize is given away. | 390 |
(DD) "Punch board" means a board containing a number of holes | 391 |
or receptacles of uniform size in which are placed, mechanically | 392 |
and randomly, serially numbered slips of paper that may be punched | 393 |
or drawn from the hole or receptacle when used in conjunction with | 394 |
instant bingo. A player may punch or draw the numbered slips of | 395 |
paper from the holes or receptacles and obtain the prize | 396 |
established for the game if the number drawn corresponds to a | 397 |
winning number or, if the punch board includes the use of a seal | 398 |
card, a potential winning number. | 399 |
(EE) "Gross profit" means gross receipts minus the amount | 400 |
actually expended for the payment of prize awards. | 401 |
(FF) "Net profit" means gross profit minus expenses. | 402 |
(GG) "Expenses" means the reasonable amount of gross profit | 403 |
actually expended for all of the following: | 404 |
(1) The purchase or lease of bingo supplies; | 405 |
(2) The annual license fee required under section 2915.08 of | 406 |
the Revised Code; | 407 |
(3) Bank fees and service charges for a bingo session or game | 408 |
account described in section 2915.10 of the Revised Code; | 409 |
(4) Audits and accounting services; | 410 |
(5) Safes; | 411 |
(6) Cash registers; | 412 |
(7) Hiring security personnel; | 413 |
(8) Advertising bingo; | 414 |
(9) Renting premises in which to conduct a bingo session; | 415 |
(10) Tables and chairs; | 416 |
(11) Expenses for maintaining and operating a charitable | 417 |
organization's facilities, including, but not limited to, a post | 418 |
home, club house, lounge, tavern, or canteen and any grounds | 419 |
attached to the post home, club house, lounge, tavern, or canteen; | 420 |
(12) Payment of real property taxes and assessments that are | 421 |
levied on a premises on which bingo is conducted; | 422 |
(13) Any other product or service directly related to the | 423 |
conduct of bingo that is authorized in rules adopted by the | 424 |
attorney general under division (B)(1) of section 2915.08 of the | 425 |
Revised Code. | 426 |
(HH) "Person" has the same meaning as in section 1.59 of the | 427 |
Revised Code and includes any firm or any other legal entity, | 428 |
however organized. | 429 |
(II) "Revoke" means to void permanently all rights and | 430 |
privileges of the holder of a license issued under section | 431 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 432 |
gaming license issued by another jurisdiction. | 433 |
(JJ) "Suspend" means to interrupt temporarily all rights and | 434 |
privileges of the holder of a license issued under section | 435 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 436 |
gaming license issued by another jurisdiction. | 437 |
(KK) "Distributor" means any person who purchases or obtains | 438 |
bingo supplies and who does either of the following: | 439 |
(1) Sells, offers for sale, or otherwise provides or offers | 440 |
to provide the bingo supplies to another person for use in this | 441 |
state; | 442 |
(2) Modifies, converts, adds to, or removes parts from the | 443 |
bingo supplies to further their promotion or sale for use in this | 444 |
state. | 445 |
(LL) "Manufacturer" means any person who assembles completed | 446 |
bingo supplies from raw materials, other items, or subparts or who | 447 |
modifies, converts, adds to, or removes parts from bingo supplies | 448 |
to further their promotion or sale. | 449 |
(MM) "Gross annual revenues" means the annual gross receipts | 450 |
derived from the conduct of bingo described in division (O)(1) of | 451 |
this section plus the annual net profit derived from the conduct | 452 |
of bingo described in division (O)(2) of this section. | 453 |
(NN) "Instant bingo ticket dispenser" means a mechanical | 454 |
device that dispenses an instant bingo ticket or card as the sole | 455 |
item of value dispensed and that has the following | 456 |
characteristics: | 457 |
(1) It is activated upon the insertion of United States | 458 |
currency. | 459 |
(2) It performs no gaming functions. | 460 |
(3) It does not contain a video display monitor or generate | 461 |
noise. | 462 |
(4) It is not capable of displaying any numbers, letters, | 463 |
symbols, or characters in winning or losing combinations. | 464 |
(5) It does not simulate or display rolling or spinning | 465 |
reels. | 466 |
(6) It is incapable of determining whether a dispensed bingo | 467 |
ticket or card is a winning or nonwinning ticket or card and | 468 |
requires a winning ticket or card to be paid by a bingo game | 469 |
operator. | 470 |
(7) It may provide accounting and security features to aid in | 471 |
accounting for the instant bingo tickets or cards it dispenses. | 472 |
(8) It is not part of an electronic network and is not | 473 |
interactive. | 474 |
(OO)(1) "Electronic bingo aid" means an electronic device | 475 |
used by a participant to monitor bingo cards or sheets purchased | 476 |
at the time and place of a bingo session and that does all of the | 477 |
following: | 478 |
(a) It provides a means for a participant to input numbers | 479 |
and letters announced by a bingo caller. | 480 |
(b) It compares the numbers and letters entered by the | 481 |
participant to the bingo faces previously stored in the memory of | 482 |
the device. | 483 |
(c) It identifies a winning bingo pattern. | 484 |
(2) "Electronic bingo aid" does not include any device into | 485 |
which a coin, currency, token, or an equivalent is inserted to | 486 |
activate play. | 487 |
(PP) "Deal of instant bingo tickets" means a single game of | 488 |
instant bingo tickets all with the same serial number. | 489 |
(QQ)(1) "Slot machine" means either of the following: | 490 |
(a) Any mechanical, electronic, video, or digital device that | 491 |
is capable of accepting anything of value, directly or indirectly, | 492 |
from or on behalf of a player who gives the thing of value in the | 493 |
hope of gain; | 494 |
(b) Any mechanical, electronic, video, or digital device that | 495 |
is capable of accepting anything of value, directly or indirectly, | 496 |
from or on behalf of a player to conduct bingo or a scheme or game | 497 |
of chance. | 498 |
(2) "Slot machine" does not include a skill-based amusement | 499 |
machine or an instant bingo ticket dispenser. | 500 |
(RR) "Net profit from the proceeds of the sale of instant | 501 |
bingo" means gross profit minus the ordinary, necessary, and | 502 |
reasonable expense expended for the purchase of instant bingo | 503 |
supplies, and, in the case of instant bingo conducted by a | 504 |
veteran's, fraternal, or sporting organization, minus the payment | 505 |
by that organization of real property taxes and assessments levied | 506 |
on a premises on which instant bingo is conducted. | 507 |
(SS) "Charitable instant bingo organization" means an | 508 |
organization that is exempt from federal income taxation under | 509 |
subsection 501(a) and described in subsection 501(c)(3) of the | 510 |
Internal Revenue Code and is a charitable organization as defined | 511 |
in this section. A "charitable instant bingo organization" does | 512 |
not include a charitable organization that is exempt from federal | 513 |
income taxation under subsection 501(a) and described in | 514 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 515 |
created by a veteran's organization, a fraternal organization, or | 516 |
a sporting organization in regards to bingo conducted or assisted | 517 |
by a veteran's organization, a fraternal organization, or a | 518 |
sporting organization pursuant to section 2915.13 of the Revised | 519 |
Code. | 520 |
(TT) "Game flare" means the board or placard that accompanies | 521 |
each deal of instant bingo tickets and that has printed on or | 522 |
affixed to it the following information for the game: | 523 |
(1) The name of the game; | 524 |
(2) The manufacturer's name or distinctive logo; | 525 |
(3) The form number; | 526 |
(4) The ticket count; | 527 |
(5) The prize structure, including the number of winning | 528 |
instant bingo tickets by denomination and the respective winning | 529 |
symbol or number combinations for the winning instant bingo | 530 |
tickets; | 531 |
(6) The cost per play; | 532 |
(7) The serial number of the game. | 533 |
(UU)(1) "Skill-based amusement machine" means a mechanical, | 534 |
video, digital, or electronic device that rewards the player or | 535 |
players, if at all, only with merchandise prizes or with | 536 |
redeemable vouchers redeemable only for merchandise prizes, | 537 |
provided that with respect to rewards for playing the game all of | 538 |
the following apply: | 539 |
(a) The wholesale value of a merchandise prize awarded as a | 540 |
result of the single play of a machine does not exceed ten | 541 |
dollars; | 542 |
(b) Redeemable vouchers awarded for any single play of a | 543 |
machine are not redeemable for a merchandise prize with a | 544 |
wholesale value of more than ten dollars; | 545 |
(c) Redeemable vouchers are not redeemable for a merchandise | 546 |
prize that has a wholesale value of more than ten dollars times | 547 |
the fewest number of single plays necessary to accrue the | 548 |
redeemable vouchers required to obtain that prize; and | 549 |
(d) Any redeemable vouchers or merchandise prizes are | 550 |
distributed at the site of the skill-based amusement machine at | 551 |
the time of play. | 552 |
A card for the purchase of gasoline is a redeemable voucher | 553 |
for purposes of division (UU)(1) of this section even if the | 554 |
skill-based amusement machine for the play of which the card is | 555 |
awarded is located at a place where gasoline may not be legally | 556 |
distributed to the public or the card is not redeemable at the | 557 |
location of, or at the time of playing, the skill-based amusement | 558 |
machine. | 559 |
(2) A device shall not be considered a skill-based amusement | 560 |
machine and shall be considered a slot machine if it pays cash or | 561 |
one or more of the following apply: | 562 |
(a) The ability of a player to succeed at the game is | 563 |
impacted by the number or ratio of prior wins to prior losses of | 564 |
players playing the game. | 565 |
(b) Any reward of redeemable vouchers is not based solely on | 566 |
the player achieving the object of the game or the player's score; | 567 |
(c) The outcome of the game, or the value of the redeemable | 568 |
voucher or merchandise prize awarded for winning the game, can be | 569 |
controlled by a source other than any player playing the game. | 570 |
(d) The success of any player is or may be determined by a | 571 |
chance event that cannot be altered by player actions. | 572 |
(e) The ability of any player to succeed at the game is | 573 |
determined by game features not visible or known to the player. | 574 |
(f) The ability of the player to succeed at the game is | 575 |
impacted by the exercise of a skill that no reasonable player | 576 |
could exercise. | 577 |
(3) All of the following apply to any machine that is | 578 |
operated as described in division (UU)(1) of this section: | 579 |
(a) As used in division (UU) of this section, "game" and | 580 |
"play" mean one event from the initial activation of the machine | 581 |
until the results of play are determined without payment of | 582 |
additional consideration. An individual utilizing a machine that | 583 |
involves a single game, play, contest, competition, or tournament | 584 |
may be awarded redeemable vouchers or merchandise prizes based on | 585 |
the results of play. | 586 |
(b) Advance play for a single game, play, contest, | 587 |
competition, or tournament participation may be purchased. The | 588 |
cost of the contest, competition, or tournament participation may | 589 |
be greater than a single noncontest, competition, or tournament | 590 |
play. | 591 |
(c) To the extent that the machine is used in a contest, | 592 |
competition, or tournament, that contest, competition, or | 593 |
tournament has a defined starting and ending date and is open to | 594 |
participants in competition for scoring and ranking results toward | 595 |
the awarding of redeemable vouchers or merchandise prizes that are | 596 |
stated prior to the start of the contest, competition, or | 597 |
tournament. | 598 |
(4) For purposes of division (UU)(1) of this section, the | 599 |
mere presence of a device, such as a pin-setting, ball-releasing, | 600 |
or scoring mechanism, that does not contribute to or affect the | 601 |
outcome of the play of the game does not make the device a | 602 |
skill-based amusement machine. | 603 |
(VV) "Merchandise prize" means any item of value, but shall | 604 |
not include any of the following: | 605 |
(1) Cash, gift cards, or any equivalent thereof; | 606 |
(2) Plays on games of chance, state lottery tickets, bingo, | 607 |
or instant bingo; | 608 |
(3) Firearms, tobacco, or alcoholic beverages; or | 609 |
(4) A redeemable voucher that is redeemable for any of the | 610 |
items listed in division (VV)(1), (2), or (3) of this section. | 611 |
(WW) "Redeemable voucher" means any ticket, token, coupon, | 612 |
receipt, or other noncash representation of value. | 613 |
(XX) "Pool not conducted for profit" means a scheme in which | 614 |
a participant gives a valuable consideration for a chance to win a | 615 |
prize and the total amount of consideration wagered is distributed | 616 |
to a participant or participants. | 617 |
(YY) "Sporting organization" means a hunting, fishing, or | 618 |
trapping organization, other than a college or high school | 619 |
fraternity or sorority, that is not organized for profit, that is | 620 |
affiliated with a state or national sporting organization, | 621 |
including but not limited to, the league of Ohio sportsmen, and | 622 |
that has been in continuous existence in this state for a period | 623 |
of three years. | 624 |
(ZZ) "Community action agency" has the same meaning as in | 625 |
section 122.66 of the Revised Code. | 626 |
(AAA)(1) "Sweepstakes terminal device" means a mechanical, | 627 |
video, digital, or electronic machine or device that is owned, | 628 |
leased, or otherwise possessed by any person conducting a | 629 |
sweepstakes, or by that person's partners, affiliates, | 630 |
subsidiaries, or contractors, that is intended to be used by a | 631 |
sweepstakes participant, and that is capable of displaying | 632 |
information on a screen or other mechanism. A device is a | 633 |
sweepstakes terminal device if any of the following apply: | 634 |
(a) The device uses a simulated game terminal as a | 635 |
representation of the prizes associated with the results of the | 636 |
sweepstakes entries. | 637 |
(b) The device utilizes software such that the simulated game | 638 |
influences or determines the winning of or value of the prize. | 639 |
(c) The device selects prizes from a predetermined finite | 640 |
pool of entries. | 641 |
(d) The device utilizes a mechanism that reveals the content | 642 |
of a predetermined sweepstakes entry. | 643 |
(e) The device predetermines the prize results and stores | 644 |
those results for delivery at the time the sweepstakes entry | 645 |
results are revealed. | 646 |
(f) The device utilizes software to create a game result. | 647 |
(g) The device reveals the prize incrementally, even though | 648 |
the device does not influence the awarding of the prize or the | 649 |
value of any prize awarded. | 650 |
(h) The device determines and associates the prize with an | 651 |
entry or entries at the time the sweepstakes is entered. | 652 |
(2) As used in this division and in section 2915.02 of the | 653 |
Revised Code: | 654 |
(a) "Enter" means the act by which a person becomes eligible | 655 |
to receive any prize offered in a sweepstakes. | 656 |
(b) "Entry" means one event from the initial activation of | 657 |
the sweepstakes terminal device until all the sweepstakes prize | 658 |
results from that activation are revealed. | 659 |
(c) "Prize" means any gift, award, gratuity, good, service, | 660 |
credit, reward, or any other thing of value that may be | 661 |
transferred to a person, whether possession of the prize is | 662 |
actually transferred, or placed on an account or other record as | 663 |
evidence of the intent to transfer the prize. | 664 |
(d) "Sweepstakes terminal device facility" means any location | 665 |
in this state where a sweepstakes terminal device is provided to a | 666 |
sweepstakes participant, except as provided in division (G) of | 667 |
section 2915.02 of the Revised Code. | 668 |
(BBB) "Sweepstakes" means any game, contest, advertising | 669 |
scheme or plan, or other promotion where consideration is not | 670 |
required for a person to enter to win or become eligible to | 671 |
receive any prize, the determination of which is based upon | 672 |
chance. "Sweepstakes" does not include bingo as authorized under | 673 |
this chapter, pari-mutuel wagering as authorized by Chapter 3769. | 674 |
of the Revised Code, lotteries conducted by the state lottery | 675 |
commission as authorized by Chapter 3770. of the Revised Code, and | 676 |
casino gaming as authorized by Chapter 3772. of the Revised Code. | 677 |
Sec. 2915.02. (A) No person shall do any of the following: | 678 |
(1) Engage in bookmaking, or knowingly engage in conduct that | 679 |
facilitates bookmaking; | 680 |
(2) Establish, promote, or operate or knowingly engage in | 681 |
conduct that facilitates any game of chance conducted for profit | 682 |
or any scheme of chance; | 683 |
(3) Knowingly procure, transmit, exchange, or engage in | 684 |
conduct that facilitates the procurement, transmission, or | 685 |
exchange of information for use in establishing odds or | 686 |
determining winners in connection with bookmaking or with any game | 687 |
of chance conducted for profit or any scheme of chance; | 688 |
(4) Engage in betting or in playing any scheme or game of | 689 |
chance as a substantial source of income or livelihood; | 690 |
(5) Conduct, or participate in the conduct of, a sweepstakes | 691 |
with the use of a sweepstakes terminal device at a sweepstakes | 692 |
terminal device facility and either: | 693 |
(a) Give to another person any item described in division | 694 |
(VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code | 695 |
as a prize for playing or participating in a sweepstakes; or | 696 |
(b) Give to another person any merchandise prize, or a | 697 |
redeemable voucher for a merchandise prize, the wholesale value of | 698 |
which is in excess of ten dollars and which is awarded as a single | 699 |
entry for playing or participating in a sweepstakes. Redeemable | 700 |
vouchers shall not be redeemable for a merchandise prize that has | 701 |
a wholesale value of more than ten dollars. | 702 |
(6) Conduct, or participate in the conduct of, a sweepstakes | 703 |
with the use of a sweepstakes terminal device at a sweepstakes | 704 |
terminal device facility without first obtaining a current annual | 705 |
"certificate of registration" from the attorney general as | 706 |
required by division (F) of this section; | 707 |
(7) With purpose to violate division (A)(1), (2), (3), | 708 |
(4), (5), or (6) of this section, acquire, possess, control, or | 709 |
operate any gambling device. | 710 |
(B) For purposes of division (A)(1) of this section, a person | 711 |
facilitates bookmaking if the person in any way knowingly aids an | 712 |
illegal bookmaking operation, including, without limitation, | 713 |
placing a bet with a person engaged in or facilitating illegal | 714 |
bookmaking. For purposes of division (A)(2) of this section, a | 715 |
person facilitates a game of chance conducted for profit or a | 716 |
scheme of chance if the person in any way knowingly aids in the | 717 |
conduct or operation of any such game or scheme, including, | 718 |
without limitation, playing any such game or scheme. | 719 |
(C) This section does not prohibit conduct in connection with | 720 |
gambling expressly permitted by law. | 721 |
(D) This section does not apply to any of the following: | 722 |
(1) Games of chance, if all of the following apply: | 723 |
(a) The games of chance are not craps for money or roulette | 724 |
for money. | 725 |
(b) The games of chance are conducted by a charitable | 726 |
organization that is, and has received from the internal revenue | 727 |
service a determination letter that is currently in effect, | 728 |
stating that the organization is, exempt from federal income | 729 |
taxation under subsection 501(a) and described in subsection | 730 |
501(c)(3) of the Internal Revenue Code. | 731 |
(c) The games of chance are conducted at festivals of the | 732 |
charitable organization that are conducted not more than a total | 733 |
of five days a calendar year, and are conducted on premises owned | 734 |
by the charitable organization for a period of no less than one | 735 |
year immediately preceding the conducting of the games of chance, | 736 |
on premises leased from a governmental unit, or on premises that | 737 |
are leased from a veteran's or fraternal organization and that | 738 |
have been owned by the lessor veteran's or fraternal organization | 739 |
for a period of no less than one year immediately preceding the | 740 |
conducting of the games of chance. | 741 |
A charitable organization shall not lease premises from a | 742 |
veteran's or fraternal organization to conduct a festival | 743 |
described in division (D)(1)(c) of this section if the veteran's | 744 |
or fraternal organization already has leased the premises twelve | 745 |
times during the preceding year to charitable organizations for | 746 |
that purpose. If a charitable organization leases premises from a | 747 |
veteran's or fraternal organization to conduct a festival | 748 |
described in division (D)(1)(c) of this section, the charitable | 749 |
organization shall not pay a rental rate for the premises per day | 750 |
of the festival that exceeds the rental rate per bingo session | 751 |
that a charitable organization may pay under division (B)(1) of | 752 |
section 2915.09 of the Revised Code when it leases premises from | 753 |
another charitable organization to conduct bingo games. | 754 |
(d) All of the money or assets received from the games of | 755 |
chance after deduction only of prizes paid out during the conduct | 756 |
of the games of chance are used by, or given, donated, or | 757 |
otherwise transferred to, any organization that is described in | 758 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 759 |
Revenue Code and is either a governmental unit or an organization | 760 |
that is tax exempt under subsection 501(a) and described in | 761 |
subsection 501(c)(3) of the Internal Revenue Code; | 762 |
(e) The games of chance are not conducted during, or within | 763 |
ten hours of, a bingo game conducted for amusement purposes only | 764 |
pursuant to section 2915.12 of the Revised Code. | 765 |
No person shall receive any commission, wage, salary, reward, | 766 |
tip, donation, gratuity, or other form of compensation, directly | 767 |
or indirectly, for operating or assisting in the operation of any | 768 |
game of chance. | 769 |
(2) Any tag fishing tournament operated under a permit issued | 770 |
under section 1533.92 of the Revised Code, as "tag fishing | 771 |
tournament" is defined in section 1531.01 of the Revised Code; | 772 |
(3) Bingo conducted by a charitable organization that holds a | 773 |
license issued under section 2915.08 of the Revised Code. | 774 |
(E) Division (D) of this section shall not be construed to | 775 |
authorize the sale, lease, or other temporary or permanent | 776 |
transfer of the right to conduct games of chance, as granted by | 777 |
that division, by any charitable organization that is granted that | 778 |
right. | 779 |
(F) Any person desiring to conduct, or participate in the | 780 |
conduct of, a sweepstakes with the use of a sweepstakes terminal | 781 |
device at a sweepstakes terminal device facility shall first | 782 |
register with the office of the attorney general and obtain an | 783 |
annual certificate of registration by providing a filing fee of | 784 |
two hundred dollars and all information as required by rule | 785 |
adopted under division (H) of this section. Not later than the | 786 |
tenth day of each month, each sweepstakes terminal device operator | 787 |
shall file a sweepstakes terminal device monthly report with the | 788 |
attorney general and provide a filing fee of fifty dollars and all | 789 |
information required by rule adopted under division (H) of this | 790 |
section. All information provided to the attorney general under | 791 |
this division shall be available to law enforcement upon request. | 792 |
(G) A person may apply to the attorney general, on a form | 793 |
prescribed by the attorney general, for a certificate of | 794 |
compliance that the person is not operating a sweepstakes terminal | 795 |
device facility. The form shall require the person to include the | 796 |
address of the business location where sweepstakes terminal | 797 |
devices will be used and to make the following certifications: | 798 |
(1) That the person will not use more than two sweepstakes | 799 |
terminal devices at the business location; | 800 |
(2) That the retail value of sweepstakes prizes to be awarded | 801 |
at the business location using sweepstakes terminal devices during | 802 |
a reporting period will be less than three per cent of the gross | 803 |
revenue received at the business location during the reporting | 804 |
period; | 805 |
(3) That no other form of gaming except lottery ticket sales | 806 |
as authorized under Chapter 3770. of the Revised Code will be | 807 |
conducted at the business location or in an adjoining area of the | 808 |
business location; | 809 |
(4) That any sweepstakes terminal device at the business | 810 |
location will not allow any deposit of any money, coin, or token, | 811 |
or the use of any credit card, debit card, prepaid card, or any | 812 |
other method of similar payment to be used, directly or | 813 |
indirectly, to participate in a sweepstakes; | 814 |
(5) That notification of any prize will not take place on the | 815 |
same day as a participant's sweepstakes entry; and | 816 |
(6) That the person consents to provide any other information | 817 |
to the attorney general as required by rule adopted under division | 818 |
(H) of this section. | 819 |
The filing fee for a certificate of compliance is two hundred | 820 |
fifty dollars. The attorney general may charge up to an additional | 821 |
two hundred fifty dollars for reasonable expenses resulting from | 822 |
any investigation related to an application for a certificate of | 823 |
compliance. | 824 |
A certificate of compliance is effective for one year. The | 825 |
certificate holder may reapply for a certificate of compliance. A | 826 |
person issued a certificate of compliance shall file semiannual | 827 |
reports with the attorney general stating the number of | 828 |
sweepstakes terminal devices at the business location and that the | 829 |
retail value of prizes awarded at the business location using | 830 |
sweepstakes terminal devices is less than three per cent of the | 831 |
gross revenue received at the business location. The reports are | 832 |
confidential and are not public records under section 149.43 of | 833 |
the Revised Code. | 834 |
(H) The attorney general shall adopt rules setting forth: | 835 |
(1) The required information to be submitted by persons | 836 |
conducting a sweepstakes with the use of a sweepstakes terminal | 837 |
device at a sweepstakes terminal device facility as described in | 838 |
division (F) of this section; and | 839 |
(2) The requirements for pertaining to a certificate of | 840 |
compliance under division (G) of this section, which shall provide | 841 |
for a person to file a consolidated semiannual report if a person | 842 |
has more than one business location. | 843 |
The attorney general shall issue a certificate of | 844 |
registration or a certificate of compliance to all persons who | 845 |
have successfully satisfied the applicable requirements of this | 846 |
section. The attorney general shall post online a registry of all | 847 |
properly registered and certified sweepstakes terminal device | 848 |
operators. | 849 |
(I) The attorney general may refuse to issue an annual | 850 |
certificate of registration or certificate of compliance to any | 851 |
person or, if one has been issued, the attorney general may revoke | 852 |
a certificate of registration or a certificate of compliance if | 853 |
the applicant has provided any information to the attorney general | 854 |
as part of a registration, certification, monthly report, | 855 |
semiannual report, or any other information that is materially | 856 |
false or misleading, or if the applicant or any officer, partner, | 857 |
or owner of five per cent or more interest in the applicant has | 858 |
violated any provision of this chapter. | 859 |
(J) The attorney general may take any necessary and | 860 |
reasonable action to determine a violation of this chapter, | 861 |
including requesting documents and information, performing | 862 |
inspections of premises, or requiring the attendance of any person | 863 |
at an examination under oath. | 864 |
(K) Notwithstanding division (I) of section 2915.08 of the | 865 |
Revised Code, the attorney general shall enter into a written | 866 |
contract with the state lottery commission to delegate to the | 867 |
state lottery commission the powers assigned to the attorney | 868 |
general under divisions (F), (G), (H), and (I) of this section. | 869 |
(L) Whoever violates this section is guilty of gambling, a | 870 |
871 | |
previously has been convicted of any gambling offense, gambling is | 872 |
a felony of the | 873 |
division, failing to file a sweepstakes terminal device monthly | 874 |
report as required by division (F) of this section or the | 875 |
semiannual report required by division (G) of this section is a | 876 |
misdemeanor of the first degree. | 877 |
Section 2. That existing sections 109.54, 2915.01, and | 878 |
2915.02 of the Revised Code are hereby repealed. | 879 |