As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 7


Representative Huffman 

Cosponsors:  Speaker Batchelder  Representatives Amstutz, Buchy, Hill 



A BILL
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


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

       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
penalties assessed under Chapter 1716. of the Revised Code, and16
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; or135

       (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; and412

       (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; and574

       (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; or634

       (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; or721

       (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), or733
(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; and841

       (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; and862

       (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