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| To amend sections 2915.08, 3772.03, and 3772.99 of | 1 |
| the Revised Code to create penalties related to | 2 |
| casino gaming and transacting with a casino | 3 |
| facility, to require the Casino Control Commission | 4 |
| to include in its annual report to the General | 5 |
| Assembly information regarding prosecutions for | 6 |
| conduct that is subject to those penalties, to | 7 |
| allow a license, for instant bingo other than at a | 8 |
| bingo session, to be amended to add additional | 9 |
| locations, and to declare an emergency. | 10 |
| Section 1. That sections 2915.08, 3772.03, and 3772.99 of the | 11 |
| Revised Code be amended to read as follows: | 12 |
| Sec. 2915.08. (A)(1) Annually before the first day of | 13 |
| January, a charitable organization that desires to conduct bingo, | 14 |
| instant bingo at a bingo session, or instant bingo other than at a | 15 |
| bingo session shall make out, upon a form to be furnished by the | 16 |
| attorney general for that purpose, an application for a license to | 17 |
| conduct bingo, instant bingo at a bingo session, or instant bingo | 18 |
| other than at a bingo session and deliver that application to the | 19 |
| attorney general together with a license fee as follows: | 20 |
| (a) Except as otherwise provided in this division, for a | 21 |
| license for the conduct of bingo, two hundred dollars; | 22 |
| (b) For a license for the conduct of instant bingo at a bingo | 23 |
| session or instant bingo other than at a bingo session for a | 24 |
| charitable organization that previously has not been licensed | 25 |
| under this chapter to conduct instant bingo at a bingo session or | 26 |
| instant bingo other than at a bingo session, a license fee of five | 27 |
| hundred dollars, and for any other charitable organization, a | 28 |
| license fee that is based upon the gross profits received by the | 29 |
| charitable organization from the operation of instant bingo at a | 30 |
| bingo session or instant bingo other than at a bingo session, | 31 |
| during the one-year period ending on the thirty-first day of | 32 |
| October of the year immediately preceding the year for which the | 33 |
| license is sought, and that is one of the following: | 34 |
| (i) Five hundred dollars, if the total is fifty thousand | 35 |
| dollars or less; | 36 |
| (ii) One thousand two hundred fifty dollars plus one-fourth | 37 |
| per cent of the gross profit, if the total is more than fifty | 38 |
| thousand dollars but less than two hundred fifty thousand one | 39 |
| dollars; | 40 |
| (iii) Two thousand two hundred fifty dollars plus one-half | 41 |
| per cent of the gross profit, if the total is more than two | 42 |
| hundred fifty thousand dollars but less than five hundred thousand | 43 |
| one dollars; | 44 |
| (iv) Three thousand five hundred dollars plus one per cent of | 45 |
| the gross profit, if the total is more than five hundred thousand | 46 |
| dollars but less than one million one dollars; | 47 |
| (v) Five thousand dollars plus one per cent of the gross | 48 |
| profit, if the total is one million one dollars or more; | 49 |
| (c) A reduced license fee established by the attorney general | 50 |
| pursuant to division (G) of this section. | 51 |
| (d) For a license to conduct bingo for a charitable | 52 |
| organization that prior to July 1, 2003, has not been licensed | 53 |
| under this chapter to conduct bingo, instant bingo at a bingo | 54 |
| session, or instant bingo other than at a bingo session, a license | 55 |
| fee established by rule by the attorney general in accordance with | 56 |
| division (H) of this section. | 57 |
| (2) The application shall be in the form prescribed by the | 58 |
| attorney general, shall be signed and sworn to by the applicant, | 59 |
| and shall contain all of the following: | 60 |
| (a) The name and post-office address of the applicant; | 61 |
| (b) A statement that the applicant is a charitable | 62 |
| organization and that it has been in continuous existence as a | 63 |
| charitable organization in this state for two years immediately | 64 |
| preceding the making of the application; | 65 |
| (c) The location at which the organization will conduct | 66 |
| bingo, which location shall be within the county in which the | 67 |
| principal place of business of the applicant is located, the days | 68 |
| of the week and the times on each of those days when bingo will be | 69 |
| conducted, whether the organization owns, leases, or subleases the | 70 |
| premises, and a copy of the rental agreement if it leases or | 71 |
| subleases the premises; | 72 |
| (d) A statement of the applicant's previous history, record, | 73 |
| and association that is sufficient to establish that the applicant | 74 |
| is a charitable organization, and a copy of a determination letter | 75 |
| that is issued by the Internal Revenue Service and states that the | 76 |
| organization is tax exempt under subsection 501(a) and described | 77 |
| in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 78 |
| 501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 79 |
| (e) A statement as to whether the applicant has ever had any | 80 |
| previous application refused, whether it previously has had a | 81 |
| license revoked or suspended, and the reason stated by the | 82 |
| attorney general for the refusal, revocation, or suspension; | 83 |
| (f) A statement of the charitable purposes for which the net | 84 |
| profit derived from bingo, other than instant bingo, will be used, | 85 |
| and a statement of how the net profit derived from instant bingo | 86 |
| will be distributed in accordance with section 2915.101 of the | 87 |
| Revised Code; | 88 |
| (g) Other necessary and reasonable information that the | 89 |
| attorney general may require by rule adopted pursuant to section | 90 |
| 111.15 of the Revised Code; | 91 |
| (h) If the applicant is a charitable trust as defined in | 92 |
| section 109.23 of the Revised Code, a statement as to whether it | 93 |
| has registered with the attorney general pursuant to section | 94 |
| 109.26 of the Revised Code or filed annual reports pursuant to | 95 |
| section 109.31 of the Revised Code, and, if it is not required to | 96 |
| do either, the exemption in section 109.26 or 109.31 of the | 97 |
| Revised Code that applies to it; | 98 |
| (i) If the applicant is a charitable organization as defined | 99 |
| in section 1716.01 of the Revised Code, a statement as to whether | 100 |
| it has filed with the attorney general a registration statement | 101 |
| pursuant to section 1716.02 of the Revised Code and a financial | 102 |
| report pursuant to section 1716.04 of the Revised Code, and, if it | 103 |
| is not required to do both, the exemption in section 1716.03 of | 104 |
| the Revised Code that applies to it; | 105 |
| (j) In the case of an applicant seeking to qualify as a youth | 106 |
| athletic park organization, a statement issued by a board or body | 107 |
| vested with authority under Chapter 755. of the Revised Code for | 108 |
| the supervision and maintenance of recreation facilities in the | 109 |
| territory in which the organization is located, certifying that | 110 |
| the playing fields owned by the organization were used for at | 111 |
| least one hundred days during the year in which the statement is | 112 |
| issued, and were open for use to all residents of that territory, | 113 |
| regardless of race, color, creed, religion, sex, or national | 114 |
| origin, for athletic activities by youth athletic organizations | 115 |
| that do not discriminate on the basis of race, color, creed, | 116 |
| religion, sex, or national origin, and that the fields were not | 117 |
| used for any profit-making activity at any time during the year. | 118 |
| That type of board or body is authorized to issue the statement | 119 |
| upon request and shall issue the statement if it finds that the | 120 |
| applicant's playing fields were so used. | 121 |
| (3) The attorney general, within thirty days after receiving | 122 |
| a timely filed application from a charitable organization that has | 123 |
| been issued a license under this section that has not expired and | 124 |
| has not been revoked or suspended, shall send a temporary permit | 125 |
| to the applicant specifying the date on which the application was | 126 |
| filed with the attorney general and stating that, pursuant to | 127 |
| section 119.06 of the Revised Code, the applicant may continue to | 128 |
| conduct bingo until a new license is granted or, if the | 129 |
| application is rejected, until fifteen days after notice of the | 130 |
| rejection is mailed to the applicant. The temporary permit does | 131 |
| not affect the validity of the applicant's application and does | 132 |
| not grant any rights to the applicant except those rights | 133 |
| specifically granted in section 119.06 of the Revised Code. The | 134 |
| issuance of a temporary permit by the attorney general pursuant to | 135 |
| this division does not prohibit the attorney general from | 136 |
| rejecting the applicant's application because of acts that the | 137 |
| applicant committed, or actions that the applicant failed to take, | 138 |
| before or after the issuance of the temporary permit. | 139 |
| (4) Within thirty days after receiving an initial license | 140 |
| application from a charitable organization to conduct bingo, | 141 |
| instant bingo at a bingo session, or instant bingo other than at a | 142 |
| bingo session, the attorney general shall conduct a preliminary | 143 |
| review of the application and notify the applicant regarding any | 144 |
| deficiencies. Once an application is deemed complete, or beginning | 145 |
| on the thirtieth day after the application is filed, if the | 146 |
| attorney general failed to notify the applicant of any | 147 |
| deficiencies, the attorney general shall have an additional sixty | 148 |
| days to conduct an investigation and either grant or deny the | 149 |
| application based on findings established and communicated in | 150 |
| accordance with divisions (B) and (E) of this section. As an | 151 |
| option to granting or denying an initial license application, the | 152 |
| attorney general may grant a temporary license and request | 153 |
| additional time to conduct the investigation if the attorney | 154 |
| general has cause to believe that additional time is necessary to | 155 |
| complete the investigation and has notified the applicant in | 156 |
| writing about the specific concerns raised during the | 157 |
| investigation. | 158 |
| (B)(1) The attorney general shall adopt rules to enforce | 159 |
| sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 160 |
| Code to ensure that bingo or instant bingo is conducted in | 161 |
| accordance with those sections and to maintain proper control over | 162 |
| the conduct of bingo or instant bingo. The rules, except rules | 163 |
| adopted pursuant to divisions (A)(2)(g) and (G) of this section, | 164 |
| shall be adopted pursuant to Chapter 119. of the Revised Code. The | 165 |
| attorney general shall license charitable organizations to conduct | 166 |
| bingo, instant bingo at a bingo session, or instant bingo other | 167 |
| than at a bingo session in conformance with this chapter and with | 168 |
| the licensing provisions of Chapter 119. of the Revised Code. | 169 |
| (2) The attorney general may refuse to grant a license to any | 170 |
| organization, or revoke or suspend the license of any | 171 |
| organization, that does any of the following or to which any of | 172 |
| the following applies: | 173 |
| (a) Fails or has failed at any time to meet any requirement | 174 |
| of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 175 |
| 2915.11 of the Revised Code, or violates or has violated any | 176 |
| provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised | 177 |
| Code or any rule adopted by the attorney general pursuant to this | 178 |
| section; | 179 |
| (b) Makes or has made an incorrect or false statement that is | 180 |
| material to the granting of the license in an application filed | 181 |
| pursuant to division (A) of this section; | 182 |
| (c) Submits or has submitted any incorrect or false | 183 |
| information relating to an application if the information is | 184 |
| material to the granting of the license; | 185 |
| (d) Maintains or has maintained any incorrect or false | 186 |
| information that is material to the granting of the license in the | 187 |
| records required to be kept pursuant to divisions (A) and (C) of | 188 |
| section 2915.10 of the Revised Code, if applicable; | 189 |
| (e) The attorney general has good cause to believe that the | 190 |
| organization will not conduct bingo, instant bingo at a bingo | 191 |
| session, or instant bingo other than at a bingo session in | 192 |
| accordance with sections 2915.07 to 2915.13 of the Revised Code or | 193 |
| with any rule adopted by the attorney general pursuant to this | 194 |
| section. | 195 |
| (3) For the purposes of division (B) of this section, any | 196 |
| action of an officer, trustee, agent, representative, or bingo | 197 |
| game operator of an organization is an action of the organization. | 198 |
| (C) The attorney general may grant licenses to charitable | 199 |
| organizations that are branches, lodges, or chapters of national | 200 |
| charitable organizations. | 201 |
| (D) The attorney general shall send notice in writing to the | 202 |
| prosecuting attorney and sheriff of the county in which the | 203 |
| organization will conduct bingo, instant bingo at a bingo session, | 204 |
| or instant bingo other than at a bingo session, as stated in its | 205 |
| application for a license or amended license, and to any other law | 206 |
| enforcement agency in that county that so requests, of all of the | 207 |
| following: | 208 |
| (1) The issuance of the license; | 209 |
| (2) The issuance of the amended license; | 210 |
| (3) The rejection of an application for and refusal to grant | 211 |
| a license; | 212 |
| (4) The revocation of any license previously issued; | 213 |
| (5) The suspension of any license previously issued. | 214 |
| (E) A license issued by the attorney general shall set forth | 215 |
| the information contained on the application of the charitable | 216 |
| organization that the attorney general determines is relevant, | 217 |
| including, but not limited to, the location at which the | 218 |
| organization will conduct bingo, instant bingo at a bingo session, | 219 |
| or instant bingo other than at a bingo session and the days of the | 220 |
| week and the times on each of those days when bingo will be | 221 |
| conducted. If the attorney general refuses to grant or revokes or | 222 |
| suspends a license, the attorney general shall notify the | 223 |
| applicant in writing and specifically identify the reason for the | 224 |
| refusal, revocation, or suspension in narrative form and, if | 225 |
| applicable, by identifying the section of the Revised Code | 226 |
| violated. The failure of the attorney general to give the written | 227 |
| notice of the reasons for the refusal, revocation, or suspension | 228 |
| or a mistake in the written notice does not affect the validity of | 229 |
| the attorney general's refusal to grant, or the revocation or | 230 |
| suspension of, a license. If the attorney general fails to give | 231 |
| the written notice or if there is a mistake in the written notice, | 232 |
| the applicant may bring an action to compel the attorney general | 233 |
| to comply with this division or to correct the mistake, but the | 234 |
| attorney general's order refusing to grant, or revoking or | 235 |
| suspending, a license shall not be enjoined during the pendency of | 236 |
| the action. | 237 |
| (F) A charitable organization that has been issued a license | 238 |
| pursuant to division (B) of this section but that cannot conduct | 239 |
| bingo or instant bingo at the location, or on the day of the week | 240 |
| or at the time, specified on the license due to circumstances that | 241 |
| make it impractical to do so, or that desires to conduct instant | 242 |
| bingo other than at a bingo session at additional locations not | 243 |
| identified on the license, may apply in writing, together with an | 244 |
| application fee of two hundred fifty dollars, to the attorney | 245 |
| general, at least thirty days prior to a change in or addition of | 246 |
| a location, day of the week, or time, and request an amended | 247 |
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license. | 248 |
| causes making it impractical for the organization to conduct bingo | 249 |
| or instant bingo in conformity with its license and shall indicate | 250 |
| the location, days of the week, and times on each of those days | 251 |
| when it desires to conduct bingo or instant bingo and, as | 252 |
| applicable, shall indicate the additional locations at which it | 253 |
| desires to conduct instant bingo other than at a bingo session. | 254 |
| Except as otherwise provided in this division, the attorney | 255 |
| general shall issue the amended license in accordance with | 256 |
| division (E) of this section, and the organization shall surrender | 257 |
| its original license to the attorney general. The attorney general | 258 |
| may refuse to grant an amended license according to the terms of | 259 |
| division (B) of this section. | 260 |
| (G) The attorney general, by rule adopted pursuant to section | 261 |
| 111.15 of the Revised Code, shall establish a schedule of reduced | 262 |
| license fees for charitable organizations that desire to conduct | 263 |
| bingo or instant bingo during fewer than twenty-six weeks in any | 264 |
| calendar year. | 265 |
| (H) The attorney general, by rule adopted pursuant to section | 266 |
| 111.15 of the Revised Code, shall establish license fees for the | 267 |
| conduct of bingo, instant bingo at a bingo session, or instant | 268 |
| bingo other than at a bingo session for charitable organizations | 269 |
| that prior to July 1, 2003, have not been licensed to conduct | 270 |
| bingo, instant bingo at a bingo session, or instant bingo other | 271 |
| than at a bingo session under this chapter. | 272 |
| (I) The attorney general may enter into a written contract | 273 |
| with any other state agency to delegate to that state agency the | 274 |
| powers prescribed to the attorney general under Chapter 2915. of | 275 |
| the Revised Code. | 276 |
| (J) The attorney general, by rule adopted pursuant to section | 277 |
| 111.15 of the Revised Code, may adopt rules to determine the | 278 |
| requirements for a charitable organization that is exempt from | 279 |
| federal income taxation under subsection 501(a) and described in | 280 |
| subsection 501(c)(3) of the Internal Revenue Code to be in good | 281 |
| standing in the state. | 282 |
| Sec. 3772.03. (A) To ensure the integrity of casino gaming, | 283 |
| the commission shall have authority to complete the functions of | 284 |
| licensing, regulating, investigating, and penalizing casino | 285 |
| operators, management companies, holding companies, key employees, | 286 |
| casino gaming employees, and gaming-related vendors. The | 287 |
| commission also shall have jurisdiction over all persons | 288 |
| participating in casino gaming authorized by Section 6(C) of | 289 |
| Article XV, Ohio Constitution, and this chapter. | 290 |
| (B) All rules adopted by the commission under this chapter | 291 |
| shall be adopted under procedures established in Chapter 119. of | 292 |
| the Revised Code. The commission may contract for the services of | 293 |
| experts and consultants to assist the commission in carrying out | 294 |
| its duties under this section. | 295 |
| (C) Within six months of September 10, 2010, the commission | 296 |
| shall adopt initial rules as are necessary for completing the | 297 |
| functions stated in division (A) of this section and for | 298 |
| addressing the subjects enumerated in division (D) of this | 299 |
| section. | 300 |
| (D) The commission shall adopt, and as advisable and | 301 |
| necessary shall amend or repeal, rules that include all of the | 302 |
| following: | 303 |
| (1) The prevention of practices detrimental to the public | 304 |
| interest; | 305 |
| (2) Prescribing the method of applying, and the form of | 306 |
| application, that an applicant for a license under this chapter | 307 |
| must follow as otherwise described in this chapter; | 308 |
| (3) Prescribing the information to be furnished by an | 309 |
| applicant or licensee as described in section 3772.11 of the | 310 |
| Revised Code; | 311 |
| (4) Describing the certification standards and duties of an | 312 |
| independent testing laboratory certified under section 3772.31 of | 313 |
| the Revised Code and the relationship between the commission, the | 314 |
| laboratory, the gaming-related vendor, and the casino operator; | 315 |
| (5) The minimum amount of insurance that must be maintained | 316 |
| by a casino operator, management company, holding company, or | 317 |
| gaming-related vendor; | 318 |
| (6) The approval process for a significant change in | 319 |
| ownership or transfer of control of a licensee as provided in | 320 |
| section 3772.091 of the Revised Code; | 321 |
| (7) The design of gaming supplies, devices, and equipment to | 322 |
| be distributed by gaming-related vendors; | 323 |
| (8) Identifying the casino gaming that is permitted, | 324 |
| identifying the gaming supplies, devices, and equipment, that are | 325 |
| permitted, defining the area in which the permitted casino gaming | 326 |
| may be conducted, and specifying the method of operation according | 327 |
| to which the permitted casino gaming is to be conducted as | 328 |
| provided in section 3772.20 of the Revised Code, and requiring | 329 |
| gaming devices and equipment to meet the standards of this state; | 330 |
| (9) Tournament play in any casino facility; | 331 |
| (10) Establishing and implementing a voluntary exclusion | 332 |
| program that provides all of the following: | 333 |
| (a) Except as provided by commission rule, a person who | 334 |
| participates in the program shall agree to refrain from entering a | 335 |
| casino facility. | 336 |
| (b) The name of a person participating in the program shall | 337 |
| be included on a list of persons excluded from all casino | 338 |
| facilities. | 339 |
| (c) Except as provided by commission rule, no person who | 340 |
| participates in the program shall petition the commission for | 341 |
| admittance into a casino facility. | 342 |
| (d) The list of persons participating in the program and the | 343 |
| personal information of those persons shall be confidential and | 344 |
| shall only be disseminated by the commission to a casino operator | 345 |
| and the agents and employees of the casino operator for purposes | 346 |
| of enforcement and to other entities, upon request of the | 347 |
| participant and agreement by the commission. | 348 |
| (e) A casino operator shall make all reasonable attempts as | 349 |
| determined by the commission to cease all direct marketing efforts | 350 |
| to a person participating in the program. | 351 |
| (f) A casino operator shall not cash the check of a person | 352 |
| participating in the program or extend credit to the person in any | 353 |
| manner. However, the program shall not exclude a casino operator | 354 |
| from seeking the payment of a debt accrued by a person before | 355 |
| participating in the program. | 356 |
| (g) Any and all locations at which a person may register as a | 357 |
| participant in the program shall be published. | 358 |
| (11) Requiring the commission to adopt standards regarding | 359 |
| the marketing materials of a licensed casino operator, including | 360 |
| allowing the commission to prohibit marketing materials that are | 361 |
| contrary to the adopted standards; | 362 |
| (12) Requiring that the records, including financial | 363 |
| statements, of any casino operator, management company, holding | 364 |
| company, and gaming-related vendor be maintained in the manner | 365 |
| prescribed by the commission and made available for inspection | 366 |
| upon demand by the commission, but shall be subject to section | 367 |
| 3772.16 of the Revised Code; | 368 |
| (13) Permitting a licensed casino operator, management | 369 |
| company, key employee, or casino gaming employee to question a | 370 |
| person suspected of violating this chapter; | 371 |
| (14) The chips, tokens, tickets, electronic cards, or similar | 372 |
| objects that may be purchased by means of an agreement under which | 373 |
| credit is extended to a wagerer by a casino operator; | 374 |
| (15) Establishing standards for provisional key employee | 375 |
| licenses for a person who is required to be licensed as a key | 376 |
| employee and is in exigent circumstances and standards for | 377 |
| provisional licenses for casino gaming employees who submit | 378 |
| complete applications and are compliant under an instant | 379 |
| background check. A provisional license shall be valid not longer | 380 |
| than three months. A provisional license may be renewed one time, | 381 |
| at the commission's discretion, for an additional three months. In | 382 |
| establishing standards with regard to instant background checks | 383 |
| the commission shall take notice of criminal records checks as | 384 |
| they are conducted under section 311.41 of the Revised Code using | 385 |
| electronic fingerprint reading devices. | 386 |
| (16) Establishing approval procedures for third-party | 387 |
| engineering or accounting firms, as described in section 3772.09 | 388 |
| of the Revised Code; | 389 |
| (17) Prescribing the manner in which winnings, compensation | 390 |
| from casino gaming, and gross revenue must be computed and | 391 |
| reported by a licensee as described in Chapter 5753. of the | 392 |
| Revised Code; | 393 |
| (18) Prescribing conditions under which a licensee's license | 394 |
| may be suspended or revoked as described in section 3772.04 of the | 395 |
| Revised Code; | 396 |
| (19) Prescribing the manner and procedure of all hearings to | 397 |
| be conducted by the commission or by any hearing examiner; | 398 |
| (20) Prescribing technical standards and requirements that | 399 |
| are to be met by security and surveillance equipment that is used | 400 |
| at and standards and requirements to be met by personnel who are | 401 |
| employed at casino facilities, and standards and requirements for | 402 |
| the provision of security at and surveillance of casino | 403 |
| facilities; | 404 |
| (21) Prescribing requirements for a casino operator to | 405 |
| provide unarmed security services at a casino facility by licensed | 406 |
| casino employees, and the training that shall be completed by | 407 |
| these employees; | 408 |
| (22) Prescribing standards according to which casino | 409 |
| operators shall keep accounts and standards according to which | 410 |
| casino accounts shall be audited, and establish means of assisting | 411 |
| the tax commissioner in levying and collecting the gross casino | 412 |
| revenue tax levied under section 5753.02 of the Revised Code; | 413 |
| (23) Defining penalties for violation of commission rules and | 414 |
| a process for imposing such penalties subject to the review of the | 415 |
| joint committee on gaming and wagering; | 416 |
| (24) Establishing standards for decertifying contractors that | 417 |
| violate statutes or rules of this state or the federal government; | 418 |
| (25) Establishing standards for the repair of casino gaming | 419 |
| equipment; | 420 |
| (26) Establishing procedures to ensure that casino operators, | 421 |
| management companies, and holding companies are compliant with the | 422 |
| compulsive and problem gambling plan submitted under section | 423 |
| 3772.18 of the Revised Code; | 424 |
| (27) Prescribing, for institutional investors in or holding | 425 |
| companies of a casino operator, management company, holding | 426 |
| company, or gaming-related vendor that fall below the threshold | 427 |
| needed to be considered an institutional investor or a holding | 428 |
| company, standards regarding what any employees, members, or | 429 |
| owners of those investors or holding companies may do and shall | 430 |
| not do in relation to casino facilities and casino gaming in this | 431 |
| state, which standards shall rationally relate to the need to | 432 |
| proscribe conduct that is inconsistent with passive institutional | 433 |
| investment status; | 434 |
| (28) Providing for any other thing necessary and proper for | 435 |
| successful and efficient regulation of casino gaming under this | 436 |
| chapter. | 437 |
| (E) The commission shall employ and assign gaming agents as | 438 |
| necessary to assist the commission in carrying out the duties of | 439 |
| this chapter. In order to maintain employment as a gaming agent, | 440 |
| the gaming agent shall successfully complete all continuing | 441 |
| training programs required by the commission and shall not have | 442 |
| been convicted of or pleaded guilty or no contest to a | 443 |
| disqualifying offense as defined in section 3772.07 of the Revised | 444 |
| Code. | 445 |
| (F) The commission, as a law enforcement agency, and its | 446 |
| gaming agents, as law enforcement officers as defined in section | 447 |
| 2901.01 of the Revised Code, shall have authority with regard to | 448 |
| the detection and investigation of, the seizure of evidence | 449 |
| allegedly relating to, and the apprehension and arrest of persons | 450 |
| allegedly committing gaming offenses, and shall have access to | 451 |
| casino facilities to carry out the requirements of this chapter. | 452 |
| (G) The commission may eject or exclude or authorize the | 453 |
| ejection or exclusion of and a gaming agent may eject a person | 454 |
| from a casino facility for any of the following reasons: | 455 |
| (1) The person's name is on the list of persons voluntarily | 456 |
| excluding themselves from all casinos in a program established | 457 |
| according to rules adopted by the commission; | 458 |
| (2) The person violates or conspires to violate this chapter | 459 |
| or a rule adopted thereunder; or | 460 |
| (3) The commission determines that the person's conduct or | 461 |
| reputation is such that the person's presence within a casino | 462 |
| facility may call into question the honesty and integrity of the | 463 |
| casino gaming operations or interfere with the orderly conduct of | 464 |
| the casino gaming operations. | 465 |
| (H) A person, other than a person participating in a | 466 |
| voluntary exclusion program, may petition the commission for a | 467 |
| public hearing on the person's ejection or exclusion under this | 468 |
| chapter. | 469 |
| (I) A casino operator or management company shall have the | 470 |
| same authority to eject or exclude a person from the management | 471 |
| company's casino facilities as authorized in division (G) of this | 472 |
| section. The licensee shall immediately notify the commission of | 473 |
| an ejection or exclusion. | 474 |
| (J) The commission shall submit a written annual report with | 475 |
| the governor, president and minority leader of the senate, speaker | 476 |
| and minority leader of the house of representatives, and joint | 477 |
| committee on gaming and wagering before the first day of September | 478 |
| each year. The annual report shall cover the previous fiscal year | 479 |
|
and shall include | 480 |
| (1) A statement describing the receipts and disbursements of | 481 |
|
the commission | 482 |
| (2) Relevant financial data regarding casino gaming, | 483 |
| including gross revenues and disbursements made under this | 484 |
|
chapter | 485 |
| (3) Actions taken by the commission | 486 |
| (4) An update on casino operators', management companies', | 487 |
| and holding companies' compulsive and problem gambling plans and | 488 |
|
the voluntary exclusion program and list | 489 |
| (5) Information regarding prosecutions for conduct described | 490 |
| in division (H) of section 3772.99 of the Revised Code, including, | 491 |
| but not limited to, the total number of prosecutions commenced and | 492 |
| the name of each person prosecuted; | 493 |
| (6) Any additional information that the commission considers | 494 |
| useful or that the governor, president or minority leader of the | 495 |
| senate, speaker or minority leader of the house of | 496 |
| representatives, or joint committee on gaming and wagering | 497 |
| requests. | 498 |
| (K) Notwithstanding any law to the contrary, beginning on | 499 |
| July 1, 2011, the commission shall assume jurisdiction over and | 500 |
| oversee the regulation of skill-based amusement machines as is | 501 |
| provided in the law of this state. | 502 |
| Sec. 3772.99. (A) The commission shall levy and collect | 503 |
| penalties for noncriminal violations of this chapter. Noncriminal | 504 |
| violations include using the term "casino" in any advertisement in | 505 |
| regard to a facility operating video lottery terminals, as defined | 506 |
| in section 3770.21 of the Revised Code, in this state. Moneys | 507 |
| collected from such penalty levies shall be credited to the | 508 |
| general revenue fund. | 509 |
| (B) If a licensed casino operator, management company, | 510 |
| holding company, gaming-related vendor, or key employee violates | 511 |
| this chapter or engages in a fraudulent act, the commission may | 512 |
| suspend or revoke the license and may do either or both of the | 513 |
| following: | 514 |
| (1) Suspend, revoke, or restrict the casino gaming operations | 515 |
| of a casino operator; | 516 |
| (2) Require the removal of a management company, key | 517 |
| employee, or discontinuance of services from a gaming-related | 518 |
| vendor. | 519 |
| (C) The commission shall impose civil penalties against a | 520 |
| person who violates this chapter under the penalties adopted by | 521 |
| commission rule and reviewed by the joint committee on gaming and | 522 |
| wagering. | 523 |
| (D) A person who knowingly or intentionally does any of the | 524 |
| following commits a misdemeanor of the first degree on the first | 525 |
| offense and a felony of the fifth degree for a subsequent offense: | 526 |
| (1) Makes a false statement on an application submitted under | 527 |
| this chapter; | 528 |
| (2) Permits a person less than twenty-one years of age to | 529 |
| make a wager at a casino facility; | 530 |
| (3) Aids, induces, or causes a person less than twenty-one | 531 |
| years of age who is not an employee of the casino gaming operation | 532 |
| to enter or attempt to enter a casino facility; | 533 |
| (4) Enters or attempts to enter a casino facility while under | 534 |
| twenty-one years of age, unless the person enters a designated | 535 |
| area as described in section 3772.24 of the Revised Code; | 536 |
| (5) Is a casino operator or employee and participates in | 537 |
| casino gaming other than as part of operation or employment. | 538 |
| (E) A person who knowingly or intentionally does any of the | 539 |
| following commits a felony of the fifth degree on a first offense | 540 |
| and a felony of the fourth degree for a subsequent offense. If the | 541 |
| person is a licensee under this chapter, the commission shall | 542 |
| revoke the person's license after the first offense. | 543 |
| (1) Uses or possesses with the intent to use a device to | 544 |
| assist in projecting the outcome of the casino game, keeping track | 545 |
| of the cards played, analyzing the probability of the occurrence | 546 |
| of an event relating to the casino game, or analyzing the strategy | 547 |
| for playing or betting to be used in the casino game, except as | 548 |
| permitted by the commission; | 549 |
| (2) Cheats at a casino game; | 550 |
| (3) Manufactures, sells, or distributes any cards, chips, | 551 |
| dice, game, or device that is intended to be used to violate this | 552 |
| chapter; | 553 |
| (4) Alters or misrepresents the outcome of a casino game on | 554 |
| which wagers have been made after the outcome is made sure but | 555 |
| before the outcome is revealed to the players; | 556 |
| (5) Places, increases, or decreases a wager on the outcome of | 557 |
| a casino game after acquiring knowledge that is not available to | 558 |
| all players and concerns the outcome of the casino game that is | 559 |
| the subject of the wager; | 560 |
| (6) Aids a person in acquiring the knowledge described in | 561 |
| division (E)(5) of this section for the purpose of placing, | 562 |
| increasing, or decreasing a wager contingent on the outcome of a | 563 |
| casino game; | 564 |
| (7) Claims, collects, takes, or attempts to claim, collect, | 565 |
| or take money or anything of value in or from a casino game with | 566 |
| the intent to defraud or without having made a wager contingent on | 567 |
| winning a casino game; | 568 |
| (8) Claims, collects, or takes an amount of money or thing of | 569 |
| value of greater value than the amount won in a casino game; | 570 |
| (9) Uses or possesses counterfeit chips, tokens, or cashless | 571 |
| wagering instruments in or for use in a casino game; | 572 |
| (10) Possesses a key or device designed for opening, | 573 |
| entering, or affecting the operation of a casino game, drop box, | 574 |
| or an electronic or a mechanical device connected with the casino | 575 |
| game or removing coins, tokens, chips, or other contents of a | 576 |
| casino game. This division does not apply to a casino operator, | 577 |
| management company, or gaming-related vendor or their agents and | 578 |
| employees in the course of agency or employment. | 579 |
| (11) Possesses materials used to manufacture a device | 580 |
| intended to be used in a manner that violates this chapter; | 581 |
| (12) Operates a casino gaming operation in which wagering is | 582 |
| conducted or is to be conducted in a manner other than the manner | 583 |
| required under this chapter. | 584 |
| (F) The possession of more than one of the devices described | 585 |
| in division (E)(9), (10), or (11) of this section creates a | 586 |
| rebuttable presumption that the possessor intended to use the | 587 |
| devices for cheating. | 588 |
| (G) A person who knowingly or intentionally does any of the | 589 |
| following commits a felony of the third degree. If the person is a | 590 |
| licensee under this chapter, the commission shall revoke the | 591 |
| person's license after the first offense. A public servant or | 592 |
| party official who is convicted under this division is forever | 593 |
| disqualified from holding any public office, employment, or | 594 |
| position of trust in this state. | 595 |
| (1) Offers, promises, or gives anything of value or benefit | 596 |
| to a person who is connected with the casino operator, management | 597 |
| company, holding company, or gaming-related vendor, including | 598 |
| their officers and employees, under an agreement to influence or | 599 |
| with the intent to influence the actions of the person to whom the | 600 |
| offer, promise, or gift was made in order to affect or attempt to | 601 |
| affect the outcome of a casino game or an official action of a | 602 |
| commission member, agent, or employee; | 603 |
| (2) Solicits, accepts, or receives a promise of anything of | 604 |
| value or benefit while the person is connected with a casino, | 605 |
| including an officer or employee of a casino operator, management | 606 |
| company, or gaming-related vendor, under an agreement to influence | 607 |
| or with the intent to influence the actions of the person to | 608 |
| affect or attempt to affect the outcome of a casino game or an | 609 |
| official action of a commission member, agent, or employee; | 610 |
| (H) A person who knowingly or intentionally does any of the | 611 |
| following while participating in casino gaming or otherwise | 612 |
| transacting with a casino facility as permitted by Chapter 3772. | 613 |
| of the Revised Code commits a felony of the fifth degree on a | 614 |
| first offense and a felony of the fourth degree for a subsequent | 615 |
| offense: | 616 |
| (1) Causes or attempts to cause a casino facility to fail to | 617 |
| file a report required under 31 U.S.C. 5313(a) or 5325 or any | 618 |
| regulation prescribed thereunder or section 1315.53 of the Revised | 619 |
| Code, or to fail to file a report or maintain a record required by | 620 |
| an order issued under section 21 of the "Federal Deposit Insurance | 621 |
| Act" or section 123 of Pub. L. No. 91-508; | 622 |
| (2) Causes or attempts to cause a casino facility to file a | 623 |
| report required under 31 U.S.C. 5313(a) or 5325 or any regulation | 624 |
| prescribed thereunder or section 1315.53 of the Revised Code, to | 625 |
| file a report or to maintain a record required by any order issued | 626 |
| under 31 U.S.C. 5326, or to maintain a record required under any | 627 |
| regulation prescribed under section 21 of the "Federal Deposit | 628 |
| Insurance Act" or section 123 of Pub. L. No. 91-508 that contains | 629 |
| a material omission or misstatement of fact; | 630 |
| (3) With one or more casino facilities, structures a | 631 |
| transaction, is complicit in structuring a transaction, attempts | 632 |
| to structure a transaction, or is complicit in an attempt to | 633 |
| structure a transaction. | 634 |
| (I) A person who is convicted of a felony described in this | 635 |
| chapter may be barred for life from entering a casino facility by | 636 |
| the commission. | 637 |
| (J) As used in division (H) of this section: | 638 |
| (1) To be "complicit" means to engage in any conduct of a | 639 |
| type described in divisions (A)(1) to (4) of section 2923.03 of | 640 |
| the Revised Code. | 641 |
| (2) "Structure a transaction" has the same meaning as in | 642 |
| section 1315.51 of the Revised Code. | 643 |
| Section 2. That existing sections 2915.08, 3772.03, and | 644 |
| 3772.99 of the Revised Code are hereby repealed. | 645 |
| Section 3. This act is an emergency measure necessary for | 646 |
| the immediate preservation of the public peace, health, and | 647 |
| safety. The reasons for such necessity are to criminalize the | 648 |
| activities defined in the act as soon as possible. Therefore, this | 649 |
| act goes into immediate effect. | 650 |