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| To amend sections 109.32, 109.54, 2915.01, and | 1 |
| 2915.02 of the Revised Code to permit the Bureau | 2 |
| of Criminal Identification and Investigation to | 3 |
| investigate criminal activity related to the | 4 |
| Gambling Law, to make changes related to schemes | 5 |
| of chance, and to require certifications related | 6 |
| to the conduct of a sweepstakes with the use of a | 7 |
| sweepstakes terminal device. | 8 |
| Section 1. That sections 109.32, 109.54, 2915.01, and 2915.02 | 9 |
| of the Revised Code be amended to read as follows: | 10 |
| Sec. 109.32. All annual filing fees obtained by the attorney | 11 |
| general pursuant to section 109.31 of the Revised Code, all | 12 |
| receipts obtained from the sale of the charitable foundations | 13 |
| directory, all registration fees received by the attorney general, | 14 |
| bond forfeitures, awards of costs and attorney's fees, and civil | 15 |
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penalties assessed under Chapter 1716. of the Revised Code, | 16 |
| all license fees received by the attorney general under section | 17 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing | 18 |
| fees received by the attorney general under divisions (F) and (G) | 19 |
| of section 2915.02 of the Revised Code, shall be paid into the | 20 |
| state treasury to the credit of the charitable law fund. The | 21 |
| charitable law fund shall be used insofar as its moneys are | 22 |
| available for the expenses of the charitable law section of the | 23 |
| office of the attorney general, except that all annual license | 24 |
| fees that are received by the attorney general under section | 25 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code, and all filing | 26 |
| fees received by the attorney general under divisions (F) and (G) | 27 |
| of section 2915.02 of the Revised Code, that are credited to the | 28 |
| fund shall be used by the attorney general, or any law enforcement | 29 |
| agency in cooperation with the attorney general, for the purposes | 30 |
| specified in division (H) of section 2915.10 of the Revised Code | 31 |
| and to administer and enforce Chapter 2915. of the Revised Code. | 32 |
| The expenses of the charitable law section in excess of moneys | 33 |
| available in the charitable law fund shall be paid out of regular | 34 |
| appropriations to the office of the attorney general. | 35 |
| Sec. 109.54. (A) The bureau of criminal identification and | 36 |
| investigation may investigate any criminal activity in this state | 37 |
| that is of statewide or intercounty concern when requested by | 38 |
| local authorities and may aid federal authorities, when requested, | 39 |
| in their investigation of any criminal activity in this state. The | 40 |
| bureau may investigate any criminal activity in this state related | 41 |
| to the conduct of elections when requested by the secretary of | 42 |
| state. The bureau may investigate any criminal activity in this | 43 |
| state involving drug abuse or illegal drug distribution prohibited | 44 |
| under Chapter 3719. or 4729. of the Revised Code or any violation | 45 |
| of section 2915.02 of the Revised Code. The superintendent and any | 46 |
| agent of the bureau may participate, as the director of an | 47 |
| organized crime task force established under section 177.02 of the | 48 |
| Revised Code or as a member of the investigatory staff of a task | 49 |
| force established under that section, in an investigation of | 50 |
| organized criminal activity anywhere within this state under | 51 |
| sections 177.01 to 177.03 of the Revised Code. | 52 |
| (B) The bureau may provide any trained investigative | 53 |
| personnel and specialized equipment that are requested by any | 54 |
| sheriff or chief of police, by the authorized designee of any | 55 |
| sheriff or chief of police, or by any other authorized law | 56 |
| enforcement officer to aid and assist the officer in the | 57 |
| investigation and solution of any crime or the control of any | 58 |
| criminal activity occurring within the officer's jurisdiction. | 59 |
| This assistance shall be furnished by the bureau without | 60 |
| disturbing or impairing any of the existing law enforcement | 61 |
| authority or the prerogatives of local law enforcement authorities | 62 |
| or officers. Investigators provided pursuant to this section, or | 63 |
| engaged in an investigation pursuant to section 109.83 of the | 64 |
| Revised Code, may go armed in the same manner as sheriffs and | 65 |
| regularly appointed police officers under section 2923.12 of the | 66 |
| Revised Code. | 67 |
| (C)(1) The bureau shall obtain recording equipment that can | 68 |
| be used to record depositions of the type described in division | 69 |
| (A) of section 2152.81 and division (A) of section 2945.481 of the | 70 |
| Revised Code, or testimony of the type described in division (D) | 71 |
| of section 2152.81 and division (D) of section 2945.481 or in | 72 |
| division (C) of section 2937.11 of the Revised Code, shall obtain | 73 |
| closed circuit equipment that can be used to televise testimony of | 74 |
| the type described in division (C) of section 2152.81 and division | 75 |
| (C) of section 2945.481 or in division (B) of section 2937.11 of | 76 |
| the Revised Code, and shall provide the equipment, upon request, | 77 |
| to any court for use in recording any deposition or testimony of | 78 |
| one of those types or in televising the testimony in accordance | 79 |
| with the applicable division. | 80 |
| (2) The bureau shall obtain the names, addresses, and | 81 |
| telephone numbers of persons who are experienced in questioning | 82 |
| children in relation to an investigation of a violation of section | 83 |
| 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 84 |
| 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, | 85 |
| 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an | 86 |
| offense of violence and shall maintain a list of those names, | 87 |
| addresses, and telephone numbers. The list shall include a | 88 |
| classification of the names, addresses, and telephone numbers by | 89 |
| appellate district. Upon request, the bureau shall provide any | 90 |
| county sheriff, chief of police, prosecuting attorney, village | 91 |
| solicitor, city director of law, or similar chief legal officer | 92 |
| with the name, address, and telephone number of any person | 93 |
| contained in the list. | 94 |
| Sec. 2915.01. As used in this chapter: | 95 |
| (A) "Bookmaking" means the business of receiving or paying | 96 |
| off bets. | 97 |
| (B) "Bet" means the hazarding of anything of value upon the | 98 |
| result of an event, undertaking, or contingency, but does not | 99 |
| include a bona fide business risk. | 100 |
| (C) "Scheme of chance" means a slot machine unless authorized | 101 |
| under Chapter 3772. of the Revised Code, lottery unless authorized | 102 |
| under Chapter 3770. of the Revised Code, numbers game, pool | 103 |
| conducted for profit, or other scheme in which a participant gives | 104 |
| a valuable consideration for a chance to win a prize, but does not | 105 |
| include bingo, a skill-based amusement machine, or a pool not | 106 |
| conducted for profit. "Scheme of chance" includes the use of an | 107 |
| electronic device to reveal the results of a game entry if | 108 |
| valuable consideration is paid, directly or indirectly, for a | 109 |
| chance to win a prize. Valuable consideration is deemed to be paid | 110 |
| for a chance to win a prize in the following instances: | 111 |
| (1) Less than fifty per cent of the goods or services sold by | 112 |
| a scheme of chance operator in exchange for game entries are used | 113 |
| or redeemed by participants at any one location; | 114 |
| (2) Less than fifty per cent of participants who purchase | 115 |
| goods or services at any one location do not accept, use, or | 116 |
| redeem the goods or services sold or purportedly sold; | 117 |
| (3) More than fifty per cent of prizes at any one location | 118 |
| are revealed to participants through an electronic device | 119 |
| simulating a game of chance or a "casino game" as defined in | 120 |
| section 3772.01 of the Revised Code; | 121 |
| (4) The good or service sold by a scheme of chance operator | 122 |
| in exchange for a game entry cannot be used or redeemed in the | 123 |
| manner advertised; | 124 |
| (5) A participant pays more than fair market value for goods | 125 |
| or services offered by a scheme of chance operator in order to | 126 |
| receive one or more game entries; | 127 |
| (6) A participant may use the electronic device to purchase | 128 |
| additional game entries; | 129 |
| (7) A participant may purchase additional game entries by | 130 |
| using points or credits won as prizes while using the electronic | 131 |
| device; | 132 |
| (8) A scheme of chance operator pays out in prize money more | 133 |
| than twenty per cent of the gross revenue received at one | 134 |
| location; or | 135 |
| (9) A participant makes a purchase or exchange in order to | 136 |
| obtain any good or service that may be used to facilitate play on | 137 |
| the electronic device. | 138 |
| As used in this division, "electronic device" means a | 139 |
| mechanical, video, digital, or electronic machine or device that | 140 |
| is capable of displaying information on a screen or other | 141 |
| mechanism and that is owned, leased, or otherwise possessed by any | 142 |
| person conducting a scheme of chance, or by that person's | 143 |
| partners, affiliates, subsidiaries, or contractors. | 144 |
| (D) "Game of chance" means poker, craps, roulette, or other | 145 |
| game in which a player gives anything of value in the hope of | 146 |
| gain, the outcome of which is determined largely by chance, but | 147 |
| does not include bingo. | 148 |
| (E) "Game of chance conducted for profit" means any game of | 149 |
| chance designed to produce income for the person who conducts or | 150 |
| operates the game of chance, but does not include bingo. | 151 |
| (F) "Gambling device" means any of the following: | 152 |
| (1) A book, totalizer, or other equipment for recording bets; | 153 |
| (2) A ticket, token, or other device representing a chance, | 154 |
| share, or interest in a scheme of chance or evidencing a bet; | 155 |
| (3) A deck of cards, dice, gaming table, roulette wheel, slot | 156 |
| machine, or other apparatus designed for use in connection with a | 157 |
| game of chance; | 158 |
| (4) Any equipment, device, apparatus, or paraphernalia | 159 |
| specially designed for gambling purposes; | 160 |
| (5) Bingo supplies sold or otherwise provided, or used, in | 161 |
| violation of this chapter. | 162 |
| (G) "Gambling offense" means any of the following: | 163 |
| (1) A violation of section 2915.02, 2915.03, 2915.04, | 164 |
| 2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, | 165 |
| 2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code; | 166 |
| (2) A violation of an existing or former municipal ordinance | 167 |
| or law of this or any other state or the United States | 168 |
| substantially equivalent to any section listed in division (G)(1) | 169 |
| of this section or a violation of section 2915.06 of the Revised | 170 |
| Code as it existed prior to July 1, 1996; | 171 |
| (3) An offense under an existing or former municipal | 172 |
| ordinance or law of this or any other state or the United States, | 173 |
| of which gambling is an element; | 174 |
| (4) A conspiracy or attempt to commit, or complicity in | 175 |
| committing, any offense under division (G)(1), (2), or (3) of this | 176 |
| section. | 177 |
| (H) Except as otherwise provided in this chapter, "charitable | 178 |
| organization" means either of the following: | 179 |
| (1) An organization that is, and has received from the | 180 |
| internal revenue service a determination letter that currently is | 181 |
| in effect stating that the organization is, exempt from federal | 182 |
| income taxation under subsection 501(a) and described in | 183 |
| subsection 501(c)(3) of the Internal Revenue Code; | 184 |
| (2) A volunteer rescue service organization, volunteer | 185 |
| firefighter's organization, veteran's organization, fraternal | 186 |
| organization, or sporting organization that is exempt from federal | 187 |
| income taxation under subsection 501(c)(4), (c)(7), (c)(8), | 188 |
| (c)(10), or (c)(19) of the Internal Revenue Code. | 189 |
| To qualify as a "charitable organization," an organization | 190 |
| shall have been in continuous existence as such in this state for | 191 |
| a period of two years immediately preceding either the making of | 192 |
| an application for a bingo license under section 2915.08 of the | 193 |
| Revised Code or the conducting of any game of chance as provided | 194 |
| in division (D) of section 2915.02 of the Revised Code. | 195 |
| (I) "Religious organization" means any church, body of | 196 |
| communicants, or group that is not organized or operated for | 197 |
| profit and that gathers in common membership for regular worship | 198 |
| and religious observances. | 199 |
| (J) "Veteran's organization" means any individual post or | 200 |
| state headquarters of a national veteran's association or an | 201 |
| auxiliary unit of any individual post of a national veteran's | 202 |
| association, which post, state headquarters, or auxiliary unit is | 203 |
| incorporated as a nonprofit corporation and either has received a | 204 |
| letter from the state headquarters of the national veteran's | 205 |
| association indicating that the individual post or auxiliary unit | 206 |
| is in good standing with the national veteran's association or has | 207 |
| received a letter from the national veteran's association | 208 |
| indicating that the state headquarters is in good standing with | 209 |
| the national veteran's association. As used in this division, | 210 |
| "national veteran's association" means any veteran's association | 211 |
| that has been in continuous existence as such for a period of at | 212 |
| least five years and either is incorporated by an act of the | 213 |
| United States congress or has a national dues-paying membership of | 214 |
| at least five thousand persons. | 215 |
| (K) "Volunteer firefighter's organization" means any | 216 |
| organization of volunteer firefighters, as defined in section | 217 |
| 146.01 of the Revised Code, that is organized and operated | 218 |
| exclusively to provide financial support for a volunteer fire | 219 |
| department or a volunteer fire company and that is recognized or | 220 |
| ratified by a county, municipal corporation, or township. | 221 |
| (L) "Fraternal organization" means any society, order, state | 222 |
| headquarters, or association within this state, except a college | 223 |
| or high school fraternity, that is not organized for profit, that | 224 |
| is a branch, lodge, or chapter of a national or state | 225 |
| organization, that exists exclusively for the common business or | 226 |
| sodality of its members. | 227 |
| (M) "Volunteer rescue service organization" means any | 228 |
| organization of volunteers organized to function as an emergency | 229 |
| medical service organization, as defined in section 4765.01 of the | 230 |
| Revised Code. | 231 |
| (N) "Charitable bingo game" means any bingo game described in | 232 |
| division (O)(1) or (2) of this section that is conducted by a | 233 |
| charitable organization that has obtained a license pursuant to | 234 |
| section 2915.08 of the Revised Code and the proceeds of which are | 235 |
| used for a charitable purpose. | 236 |
| (O) "Bingo" means either of the following: | 237 |
| (1) A game with all of the following characteristics: | 238 |
| (a) The participants use bingo cards or sheets, including | 239 |
| paper formats and electronic representation or image formats, that | 240 |
| are divided into twenty-five spaces arranged in five horizontal | 241 |
| and five vertical rows of spaces, with each space, except the | 242 |
| central space, being designated by a combination of a letter and a | 243 |
| number and with the central space being designated as a free | 244 |
| space. | 245 |
| (b) The participants cover the spaces on the bingo cards or | 246 |
| sheets that correspond to combinations of letters and numbers that | 247 |
| are announced by a bingo game operator. | 248 |
| (c) A bingo game operator announces combinations of letters | 249 |
| and numbers that appear on objects that a bingo game operator | 250 |
| selects by chance, either manually or mechanically, from a | 251 |
| receptacle that contains seventy-five objects at the beginning of | 252 |
| each game, each object marked by a different combination of a | 253 |
| letter and a number that corresponds to one of the seventy-five | 254 |
| possible combinations of a letter and a number that can appear on | 255 |
| the bingo cards or sheets. | 256 |
| (d) The winner of the bingo game includes any participant who | 257 |
| properly announces during the interval between the announcements | 258 |
| of letters and numbers as described in division (O)(1)(c) of this | 259 |
| section, that a predetermined and preannounced pattern of spaces | 260 |
| has been covered on a bingo card or sheet being used by the | 261 |
| participant. | 262 |
| (2) Instant bingo, punch boards, and raffles. | 263 |
| (P) "Conduct" means to back, promote, organize, manage, carry | 264 |
| on, sponsor, or prepare for the operation of bingo or a game of | 265 |
| chance, a scheme of chance, or a sweepstakes. | 266 |
| (Q) "Bingo game operator" means any person, except security | 267 |
| personnel, who performs work or labor at the site of bingo, | 268 |
| including, but not limited to, collecting money from participants, | 269 |
| handing out bingo cards or sheets or objects to cover spaces on | 270 |
| bingo cards or sheets, selecting from a receptacle the objects | 271 |
| that contain the combination of letters and numbers that appear on | 272 |
| bingo cards or sheets, calling out the combinations of letters and | 273 |
| numbers, distributing prizes, selling or redeeming instant bingo | 274 |
| tickets or cards, supervising the operation of a punch board, | 275 |
| selling raffle tickets, selecting raffle tickets from a receptacle | 276 |
| and announcing the winning numbers in a raffle, and preparing, | 277 |
| selling, and serving food or beverages. | 278 |
| (R) "Participant" means any person who plays bingo. | 279 |
| (S) "Bingo session" means a period that includes both of the | 280 |
| following: | 281 |
| (1) Not to exceed five continuous hours for the conduct of | 282 |
| one or more games described in division (O)(1) of this section, | 283 |
| instant bingo, and seal cards; | 284 |
| (2) A period for the conduct of instant bingo and seal cards | 285 |
| for not more than two hours before and not more than two hours | 286 |
| after the period described in division (S)(1) of this section. | 287 |
| (T) "Gross receipts" means all money or assets, including | 288 |
| admission fees, that a person receives from bingo without the | 289 |
| deduction of any amounts for prizes paid out or for the expenses | 290 |
| of conducting bingo. "Gross receipts" does not include any money | 291 |
| directly taken in from the sale of food or beverages by a | 292 |
| charitable organization conducting bingo, or by a bona fide | 293 |
| auxiliary unit or society of a charitable organization conducting | 294 |
| bingo, provided all of the following apply: | 295 |
| (1) The auxiliary unit or society has been in existence as a | 296 |
| bona fide auxiliary unit or society of the charitable organization | 297 |
| for at least two years prior to conducting bingo. | 298 |
| (2) The person who purchases the food or beverage receives | 299 |
| nothing of value except the food or beverage and items customarily | 300 |
| received with the purchase of that food or beverage. | 301 |
| (3) The food and beverages are sold at customary and | 302 |
| reasonable prices. | 303 |
| (U) "Security personnel" includes any person who either is a | 304 |
| sheriff, deputy sheriff, marshal, deputy marshal, township | 305 |
| constable, or member of an organized police department of a | 306 |
| municipal corporation or has successfully completed a peace | 307 |
| officer's training course pursuant to sections 109.71 to 109.79 of | 308 |
| the Revised Code and who is hired to provide security for the | 309 |
| premises on which bingo is conducted. | 310 |
| (V) "Charitable purpose" means that the net profit of bingo, | 311 |
| other than instant bingo, is used by, or is given, donated, or | 312 |
| otherwise transferred to, any of the following: | 313 |
| (1) Any organization that is described in subsection | 314 |
| 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 315 |
| and is either a governmental unit or an organization that is tax | 316 |
| exempt under subsection 501(a) and described in subsection | 317 |
| 501(c)(3) of the Internal Revenue Code; | 318 |
| (2) A veteran's organization that is a post, chapter, or | 319 |
| organization of veterans, or an auxiliary unit or society of, or a | 320 |
| trust or foundation for, any such post, chapter, or organization | 321 |
| organized in the United States or any of its possessions, at least | 322 |
| seventy-five per cent of the members of which are veterans and | 323 |
| substantially all of the other members of which are individuals | 324 |
| who are spouses, widows, or widowers of veterans, or such | 325 |
| individuals, provided that no part of the net earnings of such | 326 |
| post, chapter, or organization inures to the benefit of any | 327 |
| private shareholder or individual, and further provided that the | 328 |
| net profit is used by the post, chapter, or organization for the | 329 |
| charitable purposes set forth in division (B)(12) of section | 330 |
| 5739.02 of the Revised Code, is used for awarding scholarships to | 331 |
| or for attendance at an institution mentioned in division (B)(12) | 332 |
| of section 5739.02 of the Revised Code, is donated to a | 333 |
| governmental agency, or is used for nonprofit youth activities, | 334 |
| the purchase of United States or Ohio flags that are donated to | 335 |
| schools, youth groups, or other bona fide nonprofit organizations, | 336 |
| promotion of patriotism, or disaster relief; | 337 |
| (3) A fraternal organization that has been in continuous | 338 |
| existence in this state for fifteen years and that uses the net | 339 |
| profit exclusively for religious, charitable, scientific, | 340 |
| literary, or educational purposes, or for the prevention of | 341 |
| cruelty to children or animals, if contributions for such use | 342 |
| would qualify as a deductible charitable contribution under | 343 |
| subsection 170 of the Internal Revenue Code; | 344 |
| (4) A volunteer firefighter's organization that uses the net | 345 |
| profit for the purposes set forth in division (K) of this section. | 346 |
| (W) "Internal Revenue Code" means the "Internal Revenue Code | 347 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 348 |
| amended. | 349 |
| (X) "Youth athletic organization" means any organization, not | 350 |
| organized for profit, that is organized and operated exclusively | 351 |
| to provide financial support to, or to operate, athletic | 352 |
| activities for persons who are twenty-one years of age or younger | 353 |
| by means of sponsoring, organizing, operating, or contributing to | 354 |
| the support of an athletic team, club, league, or association. | 355 |
| (Y) "Youth athletic park organization" means any | 356 |
| organization, not organized for profit, that satisfies both of the | 357 |
| following: | 358 |
| (1) It owns, operates, and maintains playing fields that | 359 |
| satisfy both of the following: | 360 |
| (a) The playing fields are used at least one hundred days per | 361 |
| year for athletic activities by one or more organizations, not | 362 |
| organized for profit, each of which is organized and operated | 363 |
| exclusively to provide financial support to, or to operate, | 364 |
| athletic activities for persons who are eighteen years of age or | 365 |
| younger by means of sponsoring, organizing, operating, or | 366 |
| contributing to the support of an athletic team, club, league, or | 367 |
| association. | 368 |
| (b) The playing fields are not used for any profit-making | 369 |
| activity at any time during the year. | 370 |
| (2) It uses the proceeds of bingo it conducts exclusively for | 371 |
| the operation, maintenance, and improvement of its playing fields | 372 |
| of the type described in division (Y)(1) of this section. | 373 |
| (Z) "Bingo supplies" means bingo cards or sheets; instant | 374 |
| bingo tickets or cards; electronic bingo aids; raffle tickets; | 375 |
| punch boards; seal cards; instant bingo ticket dispensers; and | 376 |
| devices for selecting or displaying the combination of bingo | 377 |
| letters and numbers or raffle tickets. Items that are "bingo | 378 |
| supplies" are not gambling devices if sold or otherwise provided, | 379 |
| and used, in accordance with this chapter. For purposes of this | 380 |
| chapter, "bingo supplies" are not to be considered equipment used | 381 |
| to conduct a bingo game. | 382 |
| (AA) "Instant bingo" means a form of bingo that shall use | 383 |
| folded or banded tickets or paper cards with perforated break-open | 384 |
| tabs, a face of which is covered or otherwise hidden from view to | 385 |
| conceal a number, letter, or symbol, or set of numbers, letters, | 386 |
| or symbols, some of which have been designated in advance as prize | 387 |
| winners, and may also include games in which some winners are | 388 |
| determined by the random selection of one or more bingo numbers by | 389 |
| the use of a seal card or bingo blower. In all "instant bingo" the | 390 |
| prize amount and structure shall be predetermined. "Instant bingo" | 391 |
| does not include any device that is activated by the insertion of | 392 |
| a coin, currency, token, or an equivalent, and that contains as | 393 |
| one of its components a video display monitor that is capable of | 394 |
| displaying numbers, letters, symbols, or characters in winning or | 395 |
| losing combinations. | 396 |
| (BB) "Seal card" means a form of instant bingo that uses | 397 |
| instant bingo tickets in conjunction with a board or placard that | 398 |
| contains one or more seals that, when removed or opened, reveal | 399 |
| predesignated winning numbers, letters, or symbols. | 400 |
| (CC) "Raffle" means a form of bingo in which the one or more | 401 |
| prizes are won by one or more persons who have purchased a raffle | 402 |
| ticket. The one or more winners of the raffle are determined by | 403 |
| drawing a ticket stub or other detachable section from a | 404 |
| receptacle containing ticket stubs or detachable sections | 405 |
| corresponding to all tickets sold for the raffle. "Raffle" does | 406 |
| not include the drawing of a ticket stub or other detachable | 407 |
| section of a ticket purchased to attend a professional sporting | 408 |
| event if both of the following apply: | 409 |
| (1) The ticket stub or other detachable section is used to | 410 |
| select the winner of a free prize given away at the professional | 411 |
| sporting event; and | 412 |
| (2) The cost of the ticket is the same as the cost of a | 413 |
| ticket to the professional sporting event on days when no free | 414 |
| prize is given away. | 415 |
| (DD) "Punch board" means a board containing a number of holes | 416 |
| or receptacles of uniform size in which are placed, mechanically | 417 |
| and randomly, serially numbered slips of paper that may be punched | 418 |
| or drawn from the hole or receptacle when used in conjunction with | 419 |
| instant bingo. A player may punch or draw the numbered slips of | 420 |
| paper from the holes or receptacles and obtain the prize | 421 |
| established for the game if the number drawn corresponds to a | 422 |
| winning number or, if the punch board includes the use of a seal | 423 |
| card, a potential winning number. | 424 |
| (EE) "Gross profit" means gross receipts minus the amount | 425 |
| actually expended for the payment of prize awards. | 426 |
| (FF) "Net profit" means gross profit minus expenses. | 427 |
| (GG) "Expenses" means the reasonable amount of gross profit | 428 |
| actually expended for all of the following: | 429 |
| (1) The purchase or lease of bingo supplies; | 430 |
| (2) The annual license fee required under section 2915.08 of | 431 |
| the Revised Code; | 432 |
| (3) Bank fees and service charges for a bingo session or game | 433 |
| account described in section 2915.10 of the Revised Code; | 434 |
| (4) Audits and accounting services; | 435 |
| (5) Safes; | 436 |
| (6) Cash registers; | 437 |
| (7) Hiring security personnel; | 438 |
| (8) Advertising bingo; | 439 |
| (9) Renting premises in which to conduct a bingo session; | 440 |
| (10) Tables and chairs; | 441 |
| (11) Expenses for maintaining and operating a charitable | 442 |
| organization's facilities, including, but not limited to, a post | 443 |
| home, club house, lounge, tavern, or canteen and any grounds | 444 |
| attached to the post home, club house, lounge, tavern, or canteen; | 445 |
| (12) Payment of real property taxes and assessments that are | 446 |
| levied on a premises on which bingo is conducted; | 447 |
| (13) Any other product or service directly related to the | 448 |
| conduct of bingo that is authorized in rules adopted by the | 449 |
| attorney general under division (B)(1) of section 2915.08 of the | 450 |
| Revised Code. | 451 |
| (HH) "Person" has the same meaning as in section 1.59 of the | 452 |
| Revised Code and includes any firm or any other legal entity, | 453 |
| however organized. | 454 |
| (II) "Revoke" means to void permanently all rights and | 455 |
| privileges of the holder of a license issued under section | 456 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 457 |
| gaming license issued by another jurisdiction. | 458 |
| (JJ) "Suspend" means to interrupt temporarily all rights and | 459 |
| privileges of the holder of a license issued under section | 460 |
| 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 461 |
| gaming license issued by another jurisdiction. | 462 |
| (KK) "Distributor" means any person who purchases or obtains | 463 |
| bingo supplies and who does either of the following: | 464 |
| (1) Sells, offers for sale, or otherwise provides or offers | 465 |
| to provide the bingo supplies to another person for use in this | 466 |
| state; | 467 |
| (2) Modifies, converts, adds to, or removes parts from the | 468 |
| bingo supplies to further their promotion or sale for use in this | 469 |
| state. | 470 |
| (LL) "Manufacturer" means any person who assembles completed | 471 |
| bingo supplies from raw materials, other items, or subparts or who | 472 |
| modifies, converts, adds to, or removes parts from bingo supplies | 473 |
| to further their promotion or sale. | 474 |
| (MM) "Gross annual revenues" means the annual gross receipts | 475 |
| derived from the conduct of bingo described in division (O)(1) of | 476 |
| this section plus the annual net profit derived from the conduct | 477 |
| of bingo described in division (O)(2) of this section. | 478 |
| (NN) "Instant bingo ticket dispenser" means a mechanical | 479 |
| device that dispenses an instant bingo ticket or card as the sole | 480 |
| item of value dispensed and that has the following | 481 |
| characteristics: | 482 |
| (1) It is activated upon the insertion of United States | 483 |
| currency. | 484 |
| (2) It performs no gaming functions. | 485 |
| (3) It does not contain a video display monitor or generate | 486 |
| noise. | 487 |
| (4) It is not capable of displaying any numbers, letters, | 488 |
| symbols, or characters in winning or losing combinations. | 489 |
| (5) It does not simulate or display rolling or spinning | 490 |
| reels. | 491 |
| (6) It is incapable of determining whether a dispensed bingo | 492 |
| ticket or card is a winning or nonwinning ticket or card and | 493 |
| requires a winning ticket or card to be paid by a bingo game | 494 |
| operator. | 495 |
| (7) It may provide accounting and security features to aid in | 496 |
| accounting for the instant bingo tickets or cards it dispenses. | 497 |
| (8) It is not part of an electronic network and is not | 498 |
| interactive. | 499 |
| (OO)(1) "Electronic bingo aid" means an electronic device | 500 |
| used by a participant to monitor bingo cards or sheets purchased | 501 |
| at the time and place of a bingo session and that does all of the | 502 |
| following: | 503 |
| (a) It provides a means for a participant to input numbers | 504 |
| and letters announced by a bingo caller. | 505 |
| (b) It compares the numbers and letters entered by the | 506 |
| participant to the bingo faces previously stored in the memory of | 507 |
| the device. | 508 |
| (c) It identifies a winning bingo pattern. | 509 |
| (2) "Electronic bingo aid" does not include any device into | 510 |
| which a coin, currency, token, or an equivalent is inserted to | 511 |
| activate play. | 512 |
| (PP) "Deal of instant bingo tickets" means a single game of | 513 |
| instant bingo tickets all with the same serial number. | 514 |
| (QQ)(1) "Slot machine" means either of the following: | 515 |
| (a) Any mechanical, electronic, video, or digital device that | 516 |
| is capable of accepting anything of value, directly or indirectly, | 517 |
| from or on behalf of a player who gives the thing of value in the | 518 |
| hope of gain; | 519 |
| (b) Any mechanical, electronic, video, or digital device that | 520 |
| is capable of accepting anything of value, directly or indirectly, | 521 |
| from or on behalf of a player to conduct bingo or a scheme or game | 522 |
| of chance. | 523 |
| (2) "Slot machine" does not include a skill-based amusement | 524 |
| machine or an instant bingo ticket dispenser. | 525 |
| (RR) "Net profit from the proceeds of the sale of instant | 526 |
| bingo" means gross profit minus the ordinary, necessary, and | 527 |
| reasonable expense expended for the purchase of instant bingo | 528 |
| supplies, and, in the case of instant bingo conducted by a | 529 |
| veteran's, fraternal, or sporting organization, minus the payment | 530 |
| by that organization of real property taxes and assessments levied | 531 |
| on a premises on which instant bingo is conducted. | 532 |
| (SS) "Charitable instant bingo organization" means an | 533 |
| organization that is exempt from federal income taxation under | 534 |
| subsection 501(a) and described in subsection 501(c)(3) of the | 535 |
| Internal Revenue Code and is a charitable organization as defined | 536 |
| in this section. A "charitable instant bingo organization" does | 537 |
| not include a charitable organization that is exempt from federal | 538 |
| income taxation under subsection 501(a) and described in | 539 |
| subsection 501(c)(3) of the Internal Revenue Code and that is | 540 |
| created by a veteran's organization, a fraternal organization, or | 541 |
| a sporting organization in regards to bingo conducted or assisted | 542 |
| by a veteran's organization, a fraternal organization, or a | 543 |
| sporting organization pursuant to section 2915.13 of the Revised | 544 |
| Code. | 545 |
| (TT) "Game flare" means the board or placard that accompanies | 546 |
| each deal of instant bingo tickets and that has printed on or | 547 |
| affixed to it the following information for the game: | 548 |
| (1) The name of the game; | 549 |
| (2) The manufacturer's name or distinctive logo; | 550 |
| (3) The form number; | 551 |
| (4) The ticket count; | 552 |
| (5) The prize structure, including the number of winning | 553 |
| instant bingo tickets by denomination and the respective winning | 554 |
| symbol or number combinations for the winning instant bingo | 555 |
| tickets; | 556 |
| (6) The cost per play; | 557 |
| (7) The serial number of the game. | 558 |
| (UU)(1) "Skill-based amusement machine" means a mechanical, | 559 |
| video, digital, or electronic device that rewards the player or | 560 |
| players, if at all, only with merchandise prizes or with | 561 |
| redeemable vouchers redeemable only for merchandise prizes, | 562 |
| provided that with respect to rewards for playing the game all of | 563 |
| the following apply: | 564 |
| (a) The wholesale value of a merchandise prize awarded as a | 565 |
| result of the single play of a machine does not exceed ten | 566 |
| dollars; | 567 |
| (b) Redeemable vouchers awarded for any single play of a | 568 |
| machine are not redeemable for a merchandise prize with a | 569 |
| wholesale value of more than ten dollars; | 570 |
| (c) Redeemable vouchers are not redeemable for a merchandise | 571 |
| prize that has a wholesale value of more than ten dollars times | 572 |
| the fewest number of single plays necessary to accrue the | 573 |
| redeemable vouchers required to obtain that prize; and | 574 |
| (d) Any redeemable vouchers or merchandise prizes are | 575 |
| distributed at the site of the skill-based amusement machine at | 576 |
| the time of play. | 577 |
| A card for the purchase of gasoline is a redeemable voucher | 578 |
| for purposes of division (UU)(1) of this section even if the | 579 |
| skill-based amusement machine for the play of which the card is | 580 |
| awarded is located at a place where gasoline may not be legally | 581 |
| distributed to the public or the card is not redeemable at the | 582 |
| location of, or at the time of playing, the skill-based amusement | 583 |
| machine. | 584 |
| (2) A device shall not be considered a skill-based amusement | 585 |
| machine and shall be considered a slot machine if it pays cash or | 586 |
| one or more of the following apply: | 587 |
| (a) The ability of a player to succeed at the game is | 588 |
| impacted by the number or ratio of prior wins to prior losses of | 589 |
| players playing the game. | 590 |
| (b) Any reward of redeemable vouchers is not based solely on | 591 |
| the player achieving the object of the game or the player's score; | 592 |
| (c) The outcome of the game, or the value of the redeemable | 593 |
| voucher or merchandise prize awarded for winning the game, can be | 594 |
| controlled by a source other than any player playing the game. | 595 |
| (d) The success of any player is or may be determined by a | 596 |
| chance event that cannot be altered by player actions. | 597 |
| (e) The ability of any player to succeed at the game is | 598 |
| determined by game features not visible or known to the player. | 599 |
| (f) The ability of the player to succeed at the game is | 600 |
| impacted by the exercise of a skill that no reasonable player | 601 |
| could exercise. | 602 |
| (3) All of the following apply to any machine that is | 603 |
| operated as described in division (UU)(1) of this section: | 604 |
| (a) As used in division (UU) of this section, "game" and | 605 |
| "play" mean one event from the initial activation of the machine | 606 |
| until the results of play are determined without payment of | 607 |
| additional consideration. An individual utilizing a machine that | 608 |
| involves a single game, play, contest, competition, or tournament | 609 |
| may be awarded redeemable vouchers or merchandise prizes based on | 610 |
| the results of play. | 611 |
| (b) Advance play for a single game, play, contest, | 612 |
| competition, or tournament participation may be purchased. The | 613 |
| cost of the contest, competition, or tournament participation may | 614 |
| be greater than a single noncontest, competition, or tournament | 615 |
| play. | 616 |
| (c) To the extent that the machine is used in a contest, | 617 |
| competition, or tournament, that contest, competition, or | 618 |
| tournament has a defined starting and ending date and is open to | 619 |
| participants in competition for scoring and ranking results toward | 620 |
| the awarding of redeemable vouchers or merchandise prizes that are | 621 |
| stated prior to the start of the contest, competition, or | 622 |
| tournament. | 623 |
| (4) For purposes of division (UU)(1) of this section, the | 624 |
| mere presence of a device, such as a pin-setting, ball-releasing, | 625 |
| or scoring mechanism, that does not contribute to or affect the | 626 |
| outcome of the play of the game does not make the device a | 627 |
| skill-based amusement machine. | 628 |
| (VV) "Merchandise prize" means any item of value, but shall | 629 |
| not include any of the following: | 630 |
| (1) Cash, gift cards, or any equivalent thereof; | 631 |
| (2) Plays on games of chance, state lottery tickets, bingo, | 632 |
| or instant bingo; | 633 |
| (3) Firearms, tobacco, or alcoholic beverages; or | 634 |
| (4) A redeemable voucher that is redeemable for any of the | 635 |
| items listed in division (VV)(1), (2), or (3) of this section. | 636 |
| (WW) "Redeemable voucher" means any ticket, token, coupon, | 637 |
| receipt, or other noncash representation of value. | 638 |
| (XX) "Pool not conducted for profit" means a scheme in which | 639 |
| a participant gives a valuable consideration for a chance to win a | 640 |
| prize and the total amount of consideration wagered is distributed | 641 |
| to a participant or participants. | 642 |
| (YY) "Sporting organization" means a hunting, fishing, or | 643 |
| trapping organization, other than a college or high school | 644 |
| fraternity or sorority, that is not organized for profit, that is | 645 |
| affiliated with a state or national sporting organization, | 646 |
| including but not limited to, the league of Ohio sportsmen, and | 647 |
| that has been in continuous existence in this state for a period | 648 |
| of three years. | 649 |
| (ZZ) "Community action agency" has the same meaning as in | 650 |
| section 122.66 of the Revised Code. | 651 |
| (AAA)(1) "Sweepstakes terminal device" means a mechanical, | 652 |
| video, digital, or electronic machine or device that is owned, | 653 |
| leased, or otherwise possessed by any person conducting a | 654 |
| sweepstakes, or by that person's partners, affiliates, | 655 |
| subsidiaries, or contractors, that is intended to be used by a | 656 |
| sweepstakes participant, and that is capable of displaying | 657 |
| information on a screen or other mechanism. A device is a | 658 |
| sweepstakes terminal device if any of the following apply: | 659 |
| (a) The device uses a simulated game terminal as a | 660 |
| representation of the prizes associated with the results of the | 661 |
| sweepstakes entries. | 662 |
| (b) The device utilizes software such that the simulated game | 663 |
| influences or determines the winning of or value of the prize. | 664 |
| (c) The device selects prizes from a predetermined finite | 665 |
| pool of entries. | 666 |
| (d) The device utilizes a mechanism that reveals the content | 667 |
| of a predetermined sweepstakes entry. | 668 |
| (e) The device predetermines the prize results and stores | 669 |
| those results for delivery at the time the sweepstakes entry | 670 |
| results are revealed. | 671 |
| (f) The device utilizes software to create a game result. | 672 |
| (g) The device reveals the prize incrementally, even though | 673 |
| the device does not influence the awarding of the prize or the | 674 |
| value of any prize awarded. | 675 |
| (h) The device determines and associates the prize with an | 676 |
| entry or entries at the time the sweepstakes is entered. | 677 |
| (2) As used in this division and in section 2915.02 of the | 678 |
| Revised Code: | 679 |
| (a) "Enter" means the act by which a person becomes eligible | 680 |
| to receive any prize offered in a sweepstakes. | 681 |
| (b) "Entry" means one event from the initial activation of | 682 |
| the sweepstakes terminal device until all the sweepstakes prize | 683 |
| results from that activation are revealed. | 684 |
| (c) "Prize" means any gift, award, gratuity, good, service, | 685 |
| credit, reward, or any other thing of value that may be | 686 |
| transferred to a person, whether possession of the prize is | 687 |
| actually transferred, or placed on an account or other record as | 688 |
| evidence of the intent to transfer the prize. | 689 |
| (d) "Sweepstakes terminal device facility" means any location | 690 |
| in this state where a sweepstakes terminal device is provided to a | 691 |
| sweepstakes participant, except as provided in division (G) of | 692 |
| section 2915.02 of the Revised Code. | 693 |
| (BBB) "Sweepstakes" means any game, contest, advertising | 694 |
| scheme or plan, or other promotion where consideration is not | 695 |
| required for a person to enter to win or become eligible to | 696 |
| receive any prize, the determination of which is based upon | 697 |
| chance. "Sweepstakes" does not include bingo as authorized under | 698 |
| this chapter, pari-mutuel wagering as authorized by Chapter 3769. | 699 |
| of the Revised Code, lotteries conducted by the state lottery | 700 |
| commission as authorized by Chapter 3770. of the Revised Code, and | 701 |
| casino gaming as authorized by Chapter 3772. of the Revised Code. | 702 |
| Sec. 2915.02. (A) No person shall do any of the following: | 703 |
| (1) Engage in bookmaking, or knowingly engage in conduct that | 704 |
| facilitates bookmaking; | 705 |
| (2) Establish, promote, or operate or knowingly engage in | 706 |
| conduct that facilitates any game of chance conducted for profit | 707 |
| or any scheme of chance; | 708 |
| (3) Knowingly procure, transmit, exchange, or engage in | 709 |
| conduct that facilitates the procurement, transmission, or | 710 |
| exchange of information for use in establishing odds or | 711 |
| determining winners in connection with bookmaking or with any game | 712 |
| of chance conducted for profit or any scheme of chance; | 713 |
| (4) Engage in betting or in playing any scheme or game of | 714 |
| chance as a substantial source of income or livelihood; | 715 |
| (5) Conduct, or participate in the conduct of, a sweepstakes | 716 |
| with the use of a sweepstakes terminal device at a sweepstakes | 717 |
| terminal device facility and either: | 718 |
| (a) Give to another person any item described in division | 719 |
| (VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code | 720 |
| as a prize for playing or participating in a sweepstakes; or | 721 |
| (b) Give to another person any merchandise prize, or a | 722 |
| redeemable voucher for a merchandise prize, the wholesale value of | 723 |
| which is in excess of ten dollars and which is awarded as a single | 724 |
| entry for playing or participating in a sweepstakes. Redeemable | 725 |
| vouchers shall not be redeemable for a merchandise prize that has | 726 |
| a wholesale value of more than ten dollars. | 727 |
| (6) Conduct, or participate in the conduct of, a sweepstakes | 728 |
| with the use of a sweepstakes terminal device at a sweepstakes | 729 |
| terminal device facility without first obtaining a current annual | 730 |
| "certificate of registration" from the attorney general as | 731 |
| required by division (F) of this section; | 732 |
| (7) With purpose to violate division (A)(1), (2), (3), | 733 |
| (4), (5), or (6) of this section, acquire, possess, control, or | 734 |
| operate any gambling device. | 735 |
| (B) For purposes of division (A)(1) of this section, a person | 736 |
| facilitates bookmaking if the person in any way knowingly aids an | 737 |
| illegal bookmaking operation, including, without limitation, | 738 |
| placing a bet with a person engaged in or facilitating illegal | 739 |
| bookmaking. For purposes of division (A)(2) of this section, a | 740 |
| person facilitates a game of chance conducted for profit or a | 741 |
| scheme of chance if the person in any way knowingly aids in the | 742 |
| conduct or operation of any such game or scheme, including, | 743 |
| without limitation, playing any such game or scheme. | 744 |
| (C) This section does not prohibit conduct in connection with | 745 |
| gambling expressly permitted by law. | 746 |
| (D) This section does not apply to any of the following: | 747 |
| (1) Games of chance, if all of the following apply: | 748 |
| (a) The games of chance are not craps for money or roulette | 749 |
| for money. | 750 |
| (b) The games of chance are conducted by a charitable | 751 |
| organization that is, and has received from the internal revenue | 752 |
| service a determination letter that is currently in effect, | 753 |
| stating that the organization is, exempt from federal income | 754 |
| taxation under subsection 501(a) and described in subsection | 755 |
| 501(c)(3) of the Internal Revenue Code. | 756 |
| (c) The games of chance are conducted at festivals of the | 757 |
| charitable organization that are conducted not more than a total | 758 |
| of five days a calendar year, and are conducted on premises owned | 759 |
| by the charitable organization for a period of no less than one | 760 |
| year immediately preceding the conducting of the games of chance, | 761 |
| on premises leased from a governmental unit, or on premises that | 762 |
| are leased from a veteran's or fraternal organization and that | 763 |
| have been owned by the lessor veteran's or fraternal organization | 764 |
| for a period of no less than one year immediately preceding the | 765 |
| conducting of the games of chance. | 766 |
| A charitable organization shall not lease premises from a | 767 |
| veteran's or fraternal organization to conduct a festival | 768 |
| described in division (D)(1)(c) of this section if the veteran's | 769 |
| or fraternal organization already has leased the premises twelve | 770 |
| times during the preceding year to charitable organizations for | 771 |
| that purpose. If a charitable organization leases premises from a | 772 |
| veteran's or fraternal organization to conduct a festival | 773 |
| described in division (D)(1)(c) of this section, the charitable | 774 |
| organization shall not pay a rental rate for the premises per day | 775 |
| of the festival that exceeds the rental rate per bingo session | 776 |
| that a charitable organization may pay under division (B)(1) of | 777 |
| section 2915.09 of the Revised Code when it leases premises from | 778 |
| another charitable organization to conduct bingo games. | 779 |
| (d) All of the money or assets received from the games of | 780 |
| chance after deduction only of prizes paid out during the conduct | 781 |
| of the games of chance are used by, or given, donated, or | 782 |
| otherwise transferred to, any organization that is described in | 783 |
| subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 784 |
| Revenue Code and is either a governmental unit or an organization | 785 |
| that is tax exempt under subsection 501(a) and described in | 786 |
| subsection 501(c)(3) of the Internal Revenue Code; | 787 |
| (e) The games of chance are not conducted during, or within | 788 |
| ten hours of, a bingo game conducted for amusement purposes only | 789 |
| pursuant to section 2915.12 of the Revised Code. | 790 |
| No person shall receive any commission, wage, salary, reward, | 791 |
| tip, donation, gratuity, or other form of compensation, directly | 792 |
| or indirectly, for operating or assisting in the operation of any | 793 |
| game of chance. | 794 |
| (2) Any tag fishing tournament operated under a permit issued | 795 |
| under section 1533.92 of the Revised Code, as "tag fishing | 796 |
| tournament" is defined in section 1531.01 of the Revised Code; | 797 |
| (3) Bingo conducted by a charitable organization that holds a | 798 |
| license issued under section 2915.08 of the Revised Code. | 799 |
| (E) Division (D) of this section shall not be construed to | 800 |
| authorize the sale, lease, or other temporary or permanent | 801 |
| transfer of the right to conduct games of chance, as granted by | 802 |
| that division, by any charitable organization that is granted that | 803 |
| right. | 804 |
| (F) Any person desiring to conduct, or participate in the | 805 |
| conduct of, a sweepstakes with the use of a sweepstakes terminal | 806 |
| device at a sweepstakes terminal device facility shall first | 807 |
| register with the office of the attorney general and obtain an | 808 |
| annual certificate of registration by providing a filing fee of | 809 |
| two hundred dollars and all information as required by rule | 810 |
| adopted under division (H) of this section. Not later than the | 811 |
| tenth day of each month, each sweepstakes terminal device operator | 812 |
| shall file a sweepstakes terminal device monthly report with the | 813 |
| attorney general and provide a filing fee of fifty dollars and all | 814 |
| information required by rule adopted under division (H) of this | 815 |
| section. All information provided to the attorney general under | 816 |
| this division shall be available to law enforcement upon request. | 817 |
| (G) A person may apply to the attorney general, on a form | 818 |
| prescribed by the attorney general, for a certificate of | 819 |
| compliance that the person is not operating a sweepstakes terminal | 820 |
| device facility. The form shall require the person to include the | 821 |
| address of the business location where sweepstakes terminal | 822 |
| devices will be used and to make the following certifications: | 823 |
| (1) That the person will not use more than two sweepstakes | 824 |
| terminal devices at the business location; | 825 |
| (2) That the retail value of sweepstakes prizes to be awarded | 826 |
| at the business location using sweepstakes terminal devices during | 827 |
| a reporting period will be less than three per cent of the gross | 828 |
| revenue received at the business location during the reporting | 829 |
| period; | 830 |
| (3) That no other form of gaming except lottery ticket sales | 831 |
| as authorized under Chapter 3770. of the Revised Code will be | 832 |
| conducted at the business location or in an adjoining area of the | 833 |
| business location; | 834 |
| (4) That any sweepstakes terminal device at the business | 835 |
| location will not allow any deposit of any money, coin, or token, | 836 |
| or the use of any credit card, debit card, prepaid card, or any | 837 |
| other method of similar payment to be used, directly or | 838 |
| indirectly, to participate in a sweepstakes; | 839 |
| (5) That notification of any prize will not take place on the | 840 |
| same day as a participant's sweepstakes entry; and | 841 |
| (6) That the person consents to provide any other information | 842 |
| to the attorney general as required by rule adopted under division | 843 |
| (H) of this section. | 844 |
| The filing fee for a certificate of compliance is two hundred | 845 |
| fifty dollars. The attorney general may charge up to an additional | 846 |
| two hundred fifty dollars for reasonable expenses resulting from | 847 |
| any investigation related to an application for a certificate of | 848 |
| compliance. | 849 |
| A certificate of compliance is effective for one year. The | 850 |
| certificate holder may reapply for a certificate of compliance. A | 851 |
| person issued a certificate of compliance shall file semiannual | 852 |
| reports with the attorney general stating the number of | 853 |
| sweepstakes terminal devices at the business location and that the | 854 |
| retail value of prizes awarded at the business location using | 855 |
| sweepstakes terminal devices is less than three per cent of the | 856 |
| gross revenue received at the business location. | 857 |
| (H) The attorney general shall adopt rules setting forth: | 858 |
| (1) The required information to be submitted by persons | 859 |
| conducting a sweepstakes with the use of a sweepstakes terminal | 860 |
| device at a sweepstakes terminal device facility as described in | 861 |
| division (F) of this section; and | 862 |
| (2) The requirements pertaining to a certificate of | 863 |
| compliance under division (G) of this section, which shall provide | 864 |
| for a person to file a consolidated application and a consolidated | 865 |
| semiannual report if a person has more than one business location. | 866 |
| The attorney general shall issue a certificate of | 867 |
| registration or a certificate of compliance to all persons who | 868 |
| have successfully satisfied the applicable requirements of this | 869 |
| section. The attorney general shall post online a registry of all | 870 |
| properly registered and certified sweepstakes terminal device | 871 |
| operators. | 872 |
| (I) The attorney general may refuse to issue an annual | 873 |
| certificate of registration or certificate of compliance to any | 874 |
| person or, if one has been issued, the attorney general may revoke | 875 |
| a certificate of registration or a certificate of compliance if | 876 |
| the applicant has provided any information to the attorney general | 877 |
| as part of a registration, certification, monthly report, | 878 |
| semiannual report, or any other information that is materially | 879 |
| false or misleading, or if the applicant or any officer, partner, | 880 |
| or owner of five per cent or more interest in the applicant has | 881 |
| violated any provision of this chapter. | 882 |
| (J) The attorney general may take any necessary and | 883 |
| reasonable action to determine a violation of this chapter, | 884 |
| including requesting documents and information, performing | 885 |
| inspections of premises, or requiring the attendance of any person | 886 |
| at an examination under oath. | 887 |
| (K) Whoever violates this section is guilty of gambling, a | 888 |
| misdemeanor of the first degree. If the offender previously has | 889 |
| been convicted of any gambling offense, gambling is a felony of | 890 |
| the fifth degree. Notwithstanding this division, failing to file a | 891 |
| sweepstakes terminal device monthly report as required by division | 892 |
| (F) of this section or the semiannual report required by division | 893 |
| (G) of this section is a misdemeanor of the first degree. | 894 |
| Section 2. That existing sections 109.32, 109.54, 2915.01, | 895 |
| and 2915.02 of the Revised Code are hereby repealed. | 896 |