H. B. No. 7 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 7

Representative Huffman

Cosponsors: Speaker Batchelder Representatives Amstutz, Buchy, Hill

A BILL

To amend sections 109.54, 2915.01, and 2915.02 of the

Revised Code to permit the Bureau of Criminal

Identification and Investigation to investigate

criminal activity related to the Gambling Law, to

make changes related to schemes of chance, and to

require certifications related to the conduct of a

sweepstakes with the use of a sweepstakes terminal

device.

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

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:

(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

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), or	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
~~misdemeanor~~felony of the ~~first~~fifth degree. If the offender	871
previously has been convicted of any gambling offense, gambling is	872
a felony of the ~~fifth~~fourth degree. Notwithstanding this	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