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Am. Sub. H. B. No. 512As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Husted, Faber, Setzer, Collier, Latta, Williams, Webster, Britton, Lendrum, Niehaus, Evans, Flannery, Latell, Coates, Schaffer, Carano, Otterman, Sferra, Raga, Jolivette, G. Smith, Core, Wolpert, Peterson, Seitz, Kearns, Young, Cirelli, Willamowski
SENATORS Spada, Jacobson
A BILL
To amend sections 109.32, 173.121, 1531.01,
1711.09,
2915.01, 2915.02,
2915.04,
2915.05,
2915.07 to
2915.10,
2915.12,
3763.01,
4301.03, and
4303.17 and
to enact
sections
2915.081, 2915.082,
2915.091,
2915.092, 2915.101, and 2915.13
of
the
Revised Code
to define
"bingo"
to
include
bingo,
instant bingo,
punch
boards, and
raffles;
to
increase the license
fee to two hundred dollars for
a
license that
authorizes
charitable
organizations
to
conduct
bingo, to create a separate license that
authorizes
charitable organizations to conduct
instant
bingo
with a license fee based on all money
or assets
received from instant bingo, and to allow
the
Attorney General to set the license fee for new
licensees;
to require
the
licensing
of
manufacturers
and distributors of
bingo
supplies;
to regulate
the
conduct of instant
bingo
and
raffles; and
to make
other
changes
in the
Charitable
Gambling
Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.32, 173.121, 1531.01,
1711.09,
2915.01,
2915.02, 2915.04,
2915.05, 2915.07,
2915.08,
2915.09,
2915.10,
2915.12,
3763.01,
4301.03, and 4303.17 be
amended and
sections
2915.081,
2915.082,
2915.091, 2915.092,
2915.101, and
2915.13 of the
Revised Code
be
enacted to
read as
follows:
Sec. 109.32. All annual filing fees obtained by the attorney
general
pursuant
to section 109.31 of the Revised Code, all
receipts obtained from the sale of
the charitable
law
foundations
directory,
and all registration
fees received by
the attorney
general, bond forfeitures, awards of costs and attorney's fees,
and civil penalties assessed under Chapter 1716. of the Revised
Code, and all license fees received by the attorney general under
section 2915.08, 2915.081, or 2915.082 of the Revised Code shall
be
paid into the state treasury to the credit of the charitable
law fund.
The charitable law fund shall be used insofar as
its
moneys are
available for the expenses of the charitable law
section of the office
of the attorney general, except that all
annual license fees that are received by the attorney general
under section 2915.08, 2915.081, or 2915.082 of the Revised Code
and that are credited to
the fund shall be used by the attorney
general, or any local law
enforcement agency in cooperation with
the attorney general, for
the purposes specified in division (G)
of section 2915.10 of the
Revised Code and to administer and
enforce Chapter 2915. of the Revised Code. The expenses of
the
charitable
law section
in
excess of moneys available in the
charitable law
fund shall be
paid
out of regular appropriations to
the office of the attorney
general.
Sec. 173.121. (A) As used in this section,
"bingo,"
"bingo
game operator," and
"participant" have the same meanings
as in
section 2915.01 of the Revised Code. (B) Notwithstanding sections 2915.07 to
2915.12
2915.13 of
the
Revised Code, a multipurpose senior center may conduct bingo
games
described in division (S)(1) of section 2915.01 of the
Revised
Code,
but only if it complies with all of the following
requirements: (1) All bingo games are conducted only on the premises of
the facility;. (2) All participants are sixty years of age or older;. (3) All bingo game operators are sixty years of age or
older
and receive no compensation for serving as operators;. (4) No participant is charged an admission fee, and no
participant is charged more than twenty-five cents to purchase a
bingo card
or
a card, sheet, or other device described in
division
(S)(2)(a) of section 2915.01 of the Revised Code;. (5) All proceeds from games are used only for any of the
following: (a) To pay winners monetary or nonmonetary prizes; (b) To provide refreshments; (c) To defray any costs directly related to conducting the
games; (d) To defray costs of services the facility provides in
accordance with section 173.12 of the Revised Code.
Sec. 1531.01. As used in this chapter and Chapter 1533. of
the Revised Code: (A) "Person" means individual, company, partnership,
corporation, municipal corporation, association, or any
combination of individuals, or any employee, agent, or officer
thereof. (B) "Resident" means any individual who has resided in this
state for not less than six months next preceding the date of
making application for a license. (C) "Nonresident" means any individual who does not qualify
as
a resident. (D) "Division rule" or
"rule" means any rule adopted by the
chief of the division of wildlife under
section 1531.10 of the
Revised Code unless the context indicates otherwise. (E) "Closed season" means that period of time during which
the taking of wild animals protected by this chapter and Chapter
1533. of the Revised Code is prohibited. (F) "Open season" means that period of time during which
the
taking of wild animals protected by this chapter and Chapter 1533.
of the
Revised Code is
permitted. (G) "Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,
wild bird, or wild quadruped, and any lesser act, such as
wounding, or placing, setting, drawing, or using any other device
for killing or capturing any wild animal, whether it results in
killing or capturing the animal or not. "Take or taking" includes
every
attempt to kill or capture and every act of assistance to
any
other person in killing or capturing or attempting to kill or
capture a wild animal. (H) "Possession" means both actual and constructive
possession and any control of things referred to. (I) "Bag limit" means the number, measurement, or weight
of
any kind of crayfish, aquatic insects, fish,
frogs, turtles, wild
birds, and wild quadrupeds permitted to be
taken. (J) "Transport and transportation" means carrying or
moving
or causing to be carried or moved. (K) "Sell and sale" means barter, exchange, or offer or
expose for sale. (L) "Whole to include part" means that every provision
relating to any wild animal protected by this chapter and Chapter
1533. of the Revised Code applies to any part of the wild
animal
with the
same effect as it applies to the whole. (M) "Angling" means fishing with not more than two hand
lines, not more than two units of rod and line, or a combination
of not more than one hand line and one rod and line, either in
hand or under control at any time while fishing. The hand line
or
rod and line shall have attached to it not more than three
baited
hooks, not more than three artificial fly rod lures, or
one
artificial bait casting lure equipped with not more than
three
sets of three hooks each. (N) "Trotline" means a device for catching fish that
consists of a line
having suspended from it, at frequent
intervals,
vertical lines with hooks attached. (O) "Fish" means a cold-blooded vertebrate having fins. (P) "Measurement of fish" means length from the end of the
nose to
the longest tip or end of the tail. (Q) "Wild birds" includes game birds and nongame birds. (R) "Game" includes game birds, game quadrupeds, and
fur-bearing animals. (S) "Game birds" includes mourning doves, ringneck
pheasants,
bobwhite quail, ruffed grouse,
sharp-tailed grouse,
pinnated grouse, wild turkey, Hungarian
partridge, Chukar
partridge, woodcocks, black-breasted plover,
golden plover,
Wilson's snipe or jacksnipe, greater and lesser
yellowlegs, rail,
coots, gallinules, duck, geese, brant, and
crows. (T) "Nongame birds" includes all other wild birds not
included and defined as game birds. (U) "Wild quadrupeds" includes game quadrupeds and
fur-bearing animals. (V) "Game quadrupeds" includes cottontail rabbits,
gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels,
chipmunks, groundhogs or woodchucks, white-tailed deer,
wild
boar, and black bears. (W) "Fur-bearing animals" includes minks, weasels,
raccoons,
skunks, opossums, muskrats, fox, beavers, badgers,
otters,
coyotes, and bobcats. (X) "Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,
and all other wild mammals, but does not include domestic deer. (Y) "Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or
wounding wild birds or wild quadrupeds while employing any device
commonly used to kill or wound wild birds or wild quadrupeds
whether or not the acts result in killing or wounding. "Hunting"
includes
every attempt to kill or wound and every act of
assistance to any other person in killing or wounding or
attempting to kill or wound wild birds or wild quadrupeds. (Z) "Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close
upon, hold fast, confine, or otherwise capture a wild bird or
wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in
capturing
wild birds or wild quadrupeds by means of the device
whether or
not the means results in capture. (AA) "Muskrat spear" means any device used in spearing
muskrats. (BB) "Channels and passages" means those narrow bodies of
water lying between islands or between an island and the mainland
in Lake Erie. (CC) "Island" means a rock or land elevation above the
waters of Lake Erie having an area of five or more acres above
water. (DD) "Reef" means an elevation of rock, either broken or
in
place, or gravel shown by the latest United States chart to be
above the common level of the surrounding bottom of the lake,
other than the rock bottom, or in place forming the base or
foundation rock of an island or mainland and sloping from the
shore of it. "Reef" also means all elevations shown by
that
chart
to be above the common level of the sloping base or
foundation
rock of an island or mainland, whether running from
the shore of
an island or parallel with the contour of the shore
of an island
or in any other way and whether formed by rock, broken
or in
place, or from gravel. (EE) "Fur farm" means any area used exclusively for
raising
fur-bearing animals or in addition thereto used for
hunting game,
the boundaries of which are plainly marked as such. (FF) "Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof,
whether natural or artificial. (GG) "Crib" or "car" refers to that particular compartment
of the net from which the fish are taken when the net is lifted. (HH) "Commercial fish" means those species of fish
permitted
to be taken, possessed, bought, or sold unless
otherwise
restricted by the Revised Code or division rule and
are alewife
(Alosa pseudoharengus), American eel (Anguilla
rostrata), bowfin
(Amia calva), burbot (Lota lota), carp
(Cyprinus carpio),
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
(Ictiobus
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead
(Ictalurus natalis), brown
bullhead
(Ictalurus nebulosus), channel
catfish (Ictalurus punctatus),
flathead catfish (Pylodictis
olivaris), whitefish (Coregonus
sp.), cisco (Coregonus sp.),
freshwater drum or sheepshead
(Aplodinotus grunniens), gar
(Lepisosteus sp.), gizzard shad
(Dorosoma cepedianum), goldfish
(Carassius auratus), lake trout
(Salvelinus namaycush), mooneye
(Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt
(Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus
sp.), sturgeon (Acipenser sp.,
Scaphirhynchus sp.), sucker other
than buffalo and quillback
(Carpiodes sp., Catostomus sp.,
Hypentelium sp., Minytrema sp.,
Moxostoma sp.), white bass (Morone
chrysops), white perch (Roccus
americanus), and yellow perch
(Perca flavescens). When the
common name of a fish is used in
this chapter or Chapter 1533. of
the Revised Code, it refers to
the fish designated by the
scientific name in this definition. (II) "Fishing" means taking or attempting to take fish by
any method, and all other acts such as placing, setting, drawing,
or using any device commonly used to take fish whether resulting
in a taking or not. (JJ) "Fillet" means the pieces of flesh taken or cut from
both sides of a fish, joined to form one piece of flesh. (KK) "Part fillet" means a piece of flesh taken or cut
from
one side of a fish. (LL) "Round" when used in describing fish means with head
and tail intact. (MM) "Migrate" means the transit or movement of fish to or
from one place to another as a result of natural forces or
instinct and includes, but is not limited to, movement of fish
induced or caused by changes in the water flow. (NN) "Spreader bar" means a brail or rigid bar placed
across
the entire width of the back, at the top and bottom of the
cars in
all trap, crib, and fyke nets for the purpose of keeping
the
meshes hanging squarely while the nets are fishing. (OO) "Fishing guide" means any person who, for
consideration
or hire, operates a boat, rents, leases, or
otherwise furnishes
angling devices, ice fishing shanties or
shelters of any kind, or
other fishing equipment, and
accompanies, guides, directs, or
assists any other person in
order for the other person to engage
in fishing. (PP) "Net" means fishing devices with meshes composed of
twine or synthetic material and includes, but is not limited to,
trap nets, fyke nets, crib nets, carp aprons, dip nets, and
seines, except minnow seines and minnow dip nets. (QQ) "Commercial fishing gear" means seines, trap nets,
fyke
nets, dip nets, carp aprons, trotlines, other similar gear,
and
any boat used in conjunction with that gear, but does not
include
gill nets. (RR) "Native wildlife" means any species of the animal
kingdom indigenous to this state. (SS) "Gill net" means a single section of fabric or
netting
seamed to a float line at the top and a lead line at the
bottom,
which is designed to entangle fish in the net openings as
they
swim into it. (TT) "Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration,
for
a chance to win a prize by virtue of catching a tagged or
otherwise specifically marked fish within a limited period of
time, but does not include a scheme of chance conducted under
division (D)(1) of section 2915.02 of the Revised Code. (UU) "Tenant" means an individual who resides on land for
which
the individual pays rent and whose annual income is
primarily derived
from agricultural production conducted on that
land, as "agricultural
production" is defined in section 929.01 of
the Revised Code. (VV) "Nonnative wildlife" means any wild animal not
indigenous to this state, but does not include domestic deer. (WW) "Reptiles" includes common musk turtle
(sternotherus
odoratus), common snapping turtle (Chelydra
serpentina
serpentina), spotted turtle (Clemmys guttata), eastern box
turtle
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea
blandingii), common
map turtle (Graptemys geographica), ouachita
map turtle
(Graptemys pseudogeographica ouachitensis), midland
painted turtle
(Chrysemys picta marginata), red-eared slider
(Trachemys
scripta elegans), eastern spiny softshell turtle
(Apalone spinifera
spinifera), midland smooth softshell turtle
(Apalone mutica
mutica), northern fence lizard (Sceloporus
undulatus
hyacinthinus), ground skink (Scincella lateralis),
five-lined skink
(Eumeces fasciatus), broadhead skink (Eumeces
laticeps),
northern coal skink (Eumeces anthracinus anthracinus),
European wall lizard (Podarcis muralis), queen snake
(Regina
septemvittata), Kirtland's snake (Clonophis
kirtlandii), northern
water snake (Nerodia sipedon sipedon),
Lake
Erie watersnake
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia
erythrogaster
neglecta), northern brown snake (Storeria dekayi
dekayi),
midland brown snake (Storeria
dekayi wrightorum),
northern redbelly snake
(Storeria occipitomaculata
occipitomaculata), eastern garter snake
(Thamnophis sirtalis
sirtalis), eastern plains garter snake
(Thamnophis radix radix),
Butler's garter snake
(Thamnophis butleri), shorthead garter snake
(Thamnophis
brachystoma), eastern ribbon snake (Thamnophis
sauritus sauritus), northern ribbon snake (Thamnophis sauritus
septentrionalis), eastern hognose snake (Heterodon platirhinos),
eastern
smooth earth snake (Virginia valeriae valeriae), northern
ringneck
snake (Diadophis punctatus edwardsii), midwest worm snake
(Carphophis amoenus helenae), eastern worm snake (Carphophis
amoenus amoenus), black racer (Coluber constrictor constrictor),
blue
racer (Coluber constrictor foxii), rough green snake
(opheodrys aestivus), smooth green snake (opheodrys
vernalis
vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox
snake (Elaphe
vulpina gloydi), black kingsnake (Lampropeltis
getula nigra),
eastern milk snake (Lampropeltis triangulum
triangulum), northern
copperhead (Agkistrodon contortrix mokasen),
eastern massasauga
(Sistrurus catenatus catenatus), and timber
rattlesnake
(Crotalus horridus horridus). (XX) "Amphibians" includes eastern hellbender
(Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus
maculosus
maculosus),
red-spotted newt
(Notophthalmus viridescens
viridescens), Jefferson
salamander (Ambystoma jeffersonianum),
spotted salamander
(Ambystoma maculatum), blue-spotted salamander
(Ambystoma
laterale), smallmouth salamander (Ambystoma texanum),
streamside
salamander (Ambystoma barbouri), marbled salamander
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus),
mountain dusky salamander
(Desmognathus ochrophaeus), redback
salamander (Plethodon
cinereus), ravine salamander (Plethodon
richmondi), northern slimy
salamander (Plethodon glutinosus),
Wehrle's salamander
(Plethodon wehrlei), four-toed salamander
(Hemidactylium
scutatum), Kentucky spring salamander (Gyrinophilus
porphyriticus duryi), northern spring salamander (Gyrinophilus
porphyriticus porphyriticus), mud
salamander (Pseudotriton
montanus), northern red salamander
(Pseudotriton ruber ruber),
green salamander (Aneides
aeneus),
northern two-lined salamander
(Eurycea bislineata), longtail
salamander (Eurycea longicauda
longicauda), cave salamander
(Eurycea
lucifuga), southern
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo
woodhousii fowleri),
American toad (Bufo americanus), eastern
spadefoot
(Scaphiopus holbrookii), Blanchard's cricket frog
(Acris
crepitans blanchardi), northern spring peeper
(Pseudacris
crucifer
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog
(Pseudacris brachyphona),
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota),
northern leopard frog
(Rana pipiens), pickerel frog (Rana
palustris), southern
leopard frog (Rana utricularia), and wood
frog (Rana sylvatica). (YY) "Deer" means white-tailed deer
(Oddocoileus
virginianus). (ZZ) "Domestic deer" means nonnative
deer that have been
legally acquired or their offspring and that are held in
private
ownership for primarily agricultural purposes.
(AAA) "Migratory game bird" includes waterfowl (Anatidae);
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules
(Rallidae); and woodcock and snipe (Scolopacidae).
Sec. 1711.09. Except as otherwise provided in this
section,
county agricultural societies, independent agricultural
societies,
and the Ohio expositions commission shall not permit
during any
fair, or for one week before or three days
thereafter
after any
fair,
any dealing in spirituous liquors, or at any time allow or
tolerate immoral shows, lottery devices, games of chance, or
gambling of any kind, including pool selling and paddle wheels,
anywhere on the fairground; and shall permit no person at any
time
to operate any side show, amusement, game, or device, or
offer for
sale any novelty by auction or solicitation, on
such
the
fairground who has not first obtained from the director of
agriculture
such
a license
as is provided by
under section 1711.11
of the
Revised Code. This section does not prohibit the sale of
lottery
tickets by the state lottery commission pursuant to
Chapter 3770.
of the Revised Code at the state fairground during
the state
fair. In addition, a county or independent agricultural
society
may permit, at any time except during a fair or for one
week
before or three days
thereafter
after a fair, a charitable
organization to
conduct in accordance with Chapter 2915. of the
Revised Code
games of chance, schemes of chance, or bingo on the
fairground of
a county with a population of
500,000
five hundred
thousand or less. A charitable
organization may lease all or part
of the fairground from the
agricultural society for that purpose. Any sales of intoxicating liquor transacted on the
fairground
shall be subject to Chapters 4301., 4303., and 4399.
of the
Revised Code. Any agricultural society that permits the sale of
intoxicating liquor on its fairground shall apply any proceeds
gained by
such
the society from the permit holder and from
activities
coincident to the sale of intoxicating liquor first to
pay the
cost of insurance on all buildings on
such
the fairground,
and then
for any other purpose authorized by law.
Sec. 2915.01. As used in this chapter: (A)
"Bookmaking" means the business of receiving or paying
off bets. (B)
"Bet" means the hazarding of anything of value upon
the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk. (C)
"Scheme of chance" means a
slot machine,
lottery, numbers
game,
pool,
or other scheme in which a
participant gives a
valuable
consideration for a chance to win a
prize,
but does not
include
bingo. (D)
"Game of chance" means poker, craps, roulette,
a slot
machine,
a punch board, or other game in which a player gives
anything of value in the hope of gain, the outcome of which is
determined largely
or wholly by chance,
but does not include
bingo. (E)
"Scheme or game
Game of chance conducted for profit"
means
any
scheme or game of chance designed to produce income for
the
person who conducts or operates the
scheme or game of chance,
but
does not include
a charitable bingo
game. (F)
"Gambling device" means
any of the following: (1) A book, totalizer, or other equipment for recording
bets; (2) A ticket, token, or other device representing a
chance,
share, or interest in a scheme of chance, except a
charitable
bingo game, or evidencing a bet; (3) A deck of cards, dice, gaming table, roulette wheel,
slot machine,
punch board, or other apparatus designed for use in
connection with a game of chance; (4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes; (5)
Bingo supplies sold or otherwise provided, or used, in
violation of this
chapter. (G)
"Gambling offense" means any of the following: (1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.07, 2915.08,
2915.081, 2915.082, 2915.09,
2915.091,
2915.092, 2915.10, or 2915.11
of the Revised Code; (2) A violation of an existing or former municipal
ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the
Revised
Code as it existed prior to
the effective date of
this amendment
July
1, 1996; (3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element; (4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section. (H)
"Charitable
Except as otherwise provided in this chapter,
"charitable organization" means any tax exempt
religious,
educational, veteran's, fraternal, service, nonprofit
medical,
volunteer rescue service, volunteer
fire
fighter's
firefighter's,
senior
citizen's, youth athletic, amateur athletic, or youth
athletic
park organization.
An organization is tax exempt if the
organization is, and has
received from the internal revenue
service a determination letter
that currently is in effect stating
that the organization is,
exempt from federal income taxation
under subsection 501(a) and
described in subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal
Revenue Code.
To
qualify as a charitable organization, an
organization, except a
volunteer rescue service or volunteer
fire
fighter's
organization,
shall have been in
continuous existence as
such in this state for
a period of two
years immediately preceding
either the making of
an application
for a
bingo license under
section 2915.08 of the
Revised Code or
the conducting of any
scheme of chance or game of
chance as
provided in division
(C)of
section 2915.02 of
the
Revised
Code.
A charitable organization
that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c)(3) of the Internal
Revenue Code and that is created by a veteran's organization or a
fraternal organization does not have to have been in continuous
existence as such in this state for a period of two years
immediately preceding either the making of an application for a
bingo license under section 2915.08 of the Revised Code or the
conducting of any scheme of chance or game of chance as provided
in division (D) of section 2915.02 of the Revised Code. (I)
"Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and
religious observances. (J)
"Educational organization" means any organization
within
this state that is not organized for profit, the
primary
exclusive
purpose
of which
is
to educate and develop the capabilities of
individuals through instruction,
and that operates
or
contributes
to the support of a school, academy,
college, or
university. (K)
"Veteran's organization" means any individual post of
a
national veteran's association or an auxiliary unit of any
individual post of a national veteran's association, which post
or
auxiliary unit has been incorporated as a nonprofit
corporation
for at least two years and has received a letter from
the state
headquarters of the national veteran's association
indicating that
the individual post or auxiliary unit is in good
standing with the
national veteran's association. As used in
this division,
"national veteran's association" means any
veteran's association
that has been in continuous existence as
such for a period of at
least
ten
five years and either is
incorporated by an act of the
United States congress or has a
national dues-paying membership of
at least five thousand
persons. (L)
"Volunteer
fire fighter's
firefighter's organization"
means any
organization of volunteer
fire fighters
firefighters, as
defined in section
146.01
of the Revised Code, that is organized
and operated
exclusively
to provide financial support for a
volunteer fire
department or a
volunteer fire company
and that is
recognized or ratified by a county,
municipal corporation, or
township. (M)
"Fraternal organization" means any society, order, or
association within this state, except a college or high school
fraternity, that is not organized for profit, that is a branch,
lodge, or chapter of a national or state organization, that
exists
exclusively for the common business or sodality of its
members,
and that has been in continuous existence in this state
for a
period of
five
years. (N)
"Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code. (O)
"Service organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide, or to contribute to the support of organizations or
institutions organized and operated exclusively to provide,
medical and therapeutic services for persons who are crippled,
born with birth defects, or have any other mental or physical
defect or those organized and operated exclusively to protect, or
to contribute to the support of organizations or institutions
organized and operated exclusively to protect, animals from
inhumane treatment. (P)
"Nonprofit medical organization" means any
organization
that has been incorporated as a nonprofit
corporation for at least
five years and that has continuously
operated and will be operated
exclusively to provide, or to
contribute to the support of
organizations or institutions
organized and operated exclusively
to provide, hospital, medical,
research, or therapeutic services
for the public. (Q)
"Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the
Internal
Revenue Code. (R)
"Charitable bingo game" means any bingo game
described
in
division
(S)(1) or (2) of this section that is
conducted by a
charitable organization that has obtained a
bingo
license pursuant
to section 2915.08 of the Revised Code and the
proceeds of which
are used for a charitable purpose. (S)
"Bingo" means
either of the following: (1) A game with all of the following characteristics: (a) The participants use bingo cards
or sheets, including
paper formats and electronic representation or image formats, that
are
divided into
twenty-five spaces arranged in five horizontal
and
five vertical
rows of spaces, with each space, except the
central
space, being
designated by a combination of a letter and a
number
and with the
central space being designated as a free
space. (b) The participants cover the spaces on the bingo cards
or
sheets that correspond to combinations of letters and numbers that
are
announced by a bingo game operator. (c) A bingo game operator announces combinations of
letters
and numbers that appear on objects that a bingo game
operator
selects by chance, either manually or mechanically, from
a
receptacle that contains seventy-five objects at the beginning
of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards
or sheets. (d) The winner of the bingo game includes any participant
who properly announces during the interval between the
announcements of letters and numbers as described in division
(S)(1)(c) of this section, that a predetermined and preannounced
pattern of spaces has been covered on a bingo card
or sheet being
used by
the participant. (2)
Any scheme or game other than a game as defined in
division (S)(1) of this section with the following
characteristics: (a) The participants use cards, sheets, or other devices
that are divided into spaces arranged in horizontal, vertical, or
diagonal rows of spaces, with each space, except free spaces,
being designated by a single letter, number, or symbol; by a
combination of letters, numbers, or symbols; by a combination of
a
letter and a number, a letter and a symbol, or a number and a
symbol; or by any combination of letters, numbers, and symbols,
with some or none of the spaces being designated as a free,
complimentary, or similar space.
(b) The participants cover the spaces on the cards,
sheets,
or devices that correspond to letters, numbers, symbols,
or
combinations of such that are announced by a bingo game
operator
or otherwise transmitted to the participants.
(c) A bingo game operator announces, or otherwise
transmits
to the participants, letters, numbers, symbols, or any
combination
of such as set forth in division (S)(2)(a) of this
section that
appear on objects that a bingo game operator selects
by chance
that correspond to one of the possible letters,
numbers, symbols,
or combinations of such that can appear on the
bingo cards,
sheets, or devices.
(d) The winner of the bingo game is any participant who
properly announces that a predetermined and preannounced pattern
of spaces has been covered on a card, sheet, or device being used
by the participant
Instant bingo, punch boards, and
raffles.
(T)
"Conduct" means to back, promote, organize, manage,
carry
on,
sponsor, or prepare for the operation of
a scheme
bingo or
a
game
of
chance
but does not include any act performed by a bingo
game
operator. (U)
"Bingo game operator" means any person, except
security
personnel, who performs work or labor at the site of
a
bingo
game,
including, but not limited to, collecting money from
participants,
handing out bingo cards or
sheets or objects to cover spaces
on
the bingo
cards
or sheets, selecting from a receptacle the objects
that
contain the
combination of letters and numbers that appear on
the
bingo cards
or sheets,
calling out the combinations of letters
and numbers,
distributing
prizes
to the winner of the bingo game,
selling or redeeming instant
bingo
tickets or cards, supervising
the operation of a punch
board, selling raffle tickets,
selecting
raffle tickets from a
receptacle and announcing the winning
numbers
in a raffle, and
preparing, selling, and serving food or
beverages. (V)
"Participant" means any person who plays bingo
by
covering the spaces on a bingo card that correspond to
combinations of letters and numbers that are announced by a bingo
game operator. (W)
"Bingo session" means a period, not
that includes both of
the following: (1) Not to exceed five
continuous hours, during which a
person conducts
for the conduct of one or more
bingo
games
described in division (S)(1) of this section,
instant
bingo, and
seal cards; (2) A period for the conduct of instant bingo and seal cards
for not
more
than two hours before and not more than two hours
after the
period
described in division
(W)(1) of this section. (X)
"Gross receipts" means all money or assets, including
admission fees, that a person receives from
a bingo
session that
the person conducts without the deduction of any amounts for
prizes paid out
during the session or for the expenses of
conducting
the bingo
session.
"Gross receipts" does not include
any money directly taken in from the sale of food or beverages by
a charitable organization conducting
a bingo
session, or by a
bona
fide auxiliary unit or society of a charitable organization,
at a
bingo session conducted by the charitable organization
conducting
bingo,
provided all of the following apply: (1) The auxiliary unit or society has been in existence as
a
bona fide auxiliary unit or society of the charitable
organization
for at least two years prior to
the
conducting
bingo
session. (2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items
customarily
received with the purchase of that food or beverage. (3) The food and beverages are sold at customary and
reasonable prices. (4) No person preparing, selling, or serving the food or
beverages at the site of the bingo game receives directly or
indirectly any form of compensation for the preparation, sale, or
service of the food or beverages.
(Y)
"Security personnel" includes any person who either is
a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79
of
the Revised Code and who is hired to provide security for the
premises on which
a bingo
game is conducted. (Z)
"To use gross receipts for a charitable
Charitable
purpose" means
that the
proceeds
net profit of
the bingo
game are,
other than instant bingo, is used by, or
is
given,
donated, or
otherwise transferred to, any
of the following: (1)
Any organization that is
described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the
Internal Revenue Code
and is either a governmental unit or an
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3) of the Internal Revenue Code;
that the proceeds of the
bingo game are used by, or given,
donated, or otherwise
transferred to a (2)
A veteran's organization, as
defined in division (K) of
this section, that is a post, chapter,
or organization of
war
veterans, or an auxiliary unit or society
of, or a trust or
foundation for, any such post, chapter, or
organization organized
in the United States or any of its
possessions, at least
seventy-five per cent of the members of
which are
war veterans and
substantially all of the other members
of which are individuals
who are
veterans (but not war veterans)
or are cadets, or are
spouses, widows, or widowers of
war
veterans, or such individuals,
provided that no part of the net
earnings of such post, chapter,
or
organization inures to the benefit of
any private shareholder
or
individual, and further provided that
the
bingo game proceeds
are
net profit is used by the post, chapter, or
organization for
the charitable
purposes set forth in division (B)(12) of section
5739.02 of the
Revised Code,
are
is used for awarding
scholarships
to or for
attendance at an institution mentioned in division
(B)(12) of
section 5739.02 of the Revised Code,
are
is donated
to
a
governmental agency, or
are
is used for nonprofit youth
activities,
the purchase of United States or Ohio flags that are
donated to
schools, youth groups, or other bona fide nonprofit
organizations, promotion of patriotism, or disaster relief;
that
the proceeds of the bingo game are used by, or given, donated, or
otherwise transferred to a (3) A fraternal organization
that
has been
in continuous
existence in this state for fifteen years
for use
and that uses
the
net
profit
exclusively for religious, charitable, scientific,
literary, or
educational purposes, or for the prevention of
cruelty to
children or animals
and, if contributions for such use
would qualify
as a deductible charitable contribution under
subsection 170 of
the Internal Revenue Code;
or that the proceeds
of the bingo game
are used by a (4)
A volunteer
fire fighter's
firefighter's organization
and
are used
by
the organization
that uses the net profit for the
purposes set
forth in division (L) of
this section. (AA)
"Internal Revenue Code" means the
"Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended. (BB)
"Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age
or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association. (CC)
"Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of
the
following: (1) It owns, operates, and maintains playing fields that
satisfy both of the following: (a) The playing fields are used at least one hundred days
per year for athletic activities by one or more organizations,
not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association. (b) The playing fields are not used for any profit-making
activity at any time during the year. (2) It uses the proceeds of
the bingo
games it conducts
exclusively for the operation, maintenance, and improvement of
its
playing fields of the type described in division (CC)(1) of
this
section. (DD)
"Amateur athletic organization" means any
organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic
activities for persons who are training for amateur
athletic competition that
is sanctioned by a national governing
body as defined in the
"Amateur
Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373. (EE)
"Bingo supplies" means bingo
cards or sheets; instant
bingo tickets or
cards; electronic bingo
aids; raffle tickets;
punch boards; seal
cards;
instant bingo
ticket dispensers; and
devices for selecting
or
displaying
the
combination of bingo
letters and numbers or
raffle
tickets. Items
that are
"bingo
supplies" are not
gambling
devices
if sold or
otherwise provided,
and used, in accordance
with this
chapter. For
purposes of this
chapter, "bingo supplies"
are not to be
considered equipment used
to conduct a bingo game. (FF)
"Instant bingo" means a form of
bingo that uses folded
or banded tickets or paper cards with
perforated break-open tabs,
a face of which is covered or
otherwise hidden from view to
conceal a number, letter, or
symbol, or set of numbers, letters,
or symbols, some of which
have been designated in advance as prize
winners. "Instant bingo" includes seal cards. "Instant bingo"
does not include any device that is activated by
the insertion of
a coin, currency, token, or an equivalent, and that
contains as
one of its components a video display monitor that is
capable of
displaying numbers, letters, symbols, or characters in
winning or
losing combinations. (GG)
"Seal card" means a
form of instant bingo that uses
instant bingo tickets in conjunction
with a board or placard that
contains one or more
seals that, when removed or opened, reveal
predesignated winning
numbers, letters, or symbols. (HH)
"Raffle" means a form of bingo
in which the one or more
prizes are won by one or more persons
who have purchased a raffle
ticket. The one or more winners of
the raffle are determined by
drawing a ticket stub or other
detachable section from a
receptacle containing ticket stubs or
detachable sections
corresponding to all tickets sold for the
raffle. (II)
"Punch board" means a board
containing a number of
holes
or receptacles of uniform size in
which are placed,
mechanically
and randomly, serially numbered
slips of paper that
may be punched
or drawn from the hole or
receptacle when used in
conjunction with
instant bingo. A player
may punch or draw the
numbered slips of
paper from the holes or
receptacles and obtain
the prize
established for the game if the
number drawn corresponds
to a
winning number or, if the punch
board includes the use of a
seal
card, a potential winning
number. (JJ)
"Gross profit" means gross
receipts minus the amount
actually expended for the payment of
prize awards. (KK)
"Net profit" means gross profit
minus expenses. (LL)
"Expenses" means the reasonable
amount of gross profit
actually expended for all of the
following: (1)
The purchase or lease of bingo supplies; (2)
The annual license fee required under section
2915.08 of
the Revised Code; (3)
Bank fees and service charges for a bingo session or
game
account described in section 2915.10 of the Revised Code; (4)
Audits and accounting services; (7)
Hiring security personnel; (9) Renting premises in which to conduct bingo; (11) Any other product or service directly related to
the
conduct of bingo that is authorized in rules adopted by the
attorney
general under division (B)(1) of section
2915.08 of the
Revised Code. (MM)
"Person" has the same meaning as
in section 1.59 of the
Revised Code and includes
any firm or any other legal entity,
however organized. (NN)
"Revoke" means to void
permanently all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction. (OO)
"Suspend" means to interrupt
temporarily all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction. (PP)
"Distributor" means any person who purchases or obtains
bingo
supplies and who sells, offers for sale, or otherwise
provides
or offers to provide the
bingo supplies to another person
for use in this
state. (QQ)
"Manufacturer" means any person who assembles completed
bingo
supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale. (RR)
"Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1) of
this section plus the annual net profit derived from the conduct
of bingo
described in division (S)(2) of this section. (SS) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations. (5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed
bingo ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid
in accounting for the instant bingo tickets or cards it dispenses. (8) It is not part of an electronic network and is not
interactive. (TT)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets
purchased
at the time and place of a bingo session and that does
all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to
the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play. (UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number. (VV) "Slot machine means either of the following:
(1) Any
mechanical, electronic, video, or digital device
that is capable
of accepting anything of value, directly or
indirectly, from or on
behalf of a player who gives the thing of
value in the hope of
gain, the outcome of which is determined
largely or wholly by
chance;
(2) Any mechanical, electronic, video, or digital device
that is capable of accepting anything of value, directly or
indirectly, from or on behalf of a player to conduct or dispense
bingo or a scheme or game of chance.
(WW) "Net profit from the
proceeds of the sale of instant
bingo" means gross profit minus
the ordinary, necessary, and
reasonable expense expended for the
purchase of instant bingo
supplies.
Sec. 2915.02. (A) No person shall do any of the
following: (1) Engage in bookmaking, or knowingly engage in conduct
that facilitates bookmaking; (2) Establish, promote, or operate or knowingly engage in
conduct that facilitates any
scheme or game of chance conducted
for profit
or any scheme of chance; (3) Knowingly procure, transmit, exchange, or engage in
conduct that facilitates the procurement, transmission, or
exchange of information for use in establishing odds or
determining winners in connection with bookmaking or with any
scheme or game of chance conducted for profit
or any scheme of
chance; (4) Engage in betting or in playing any scheme or game of
chance, except a charitable bingo game, as a substantial source
of
income or livelihood; (5) With purpose to violate division (A)(1), (2), (3), or
(4) of this section, acquire, possess, control, or operate any
gambling device. (B) For purposes of division (A)(1) of this section, a
person facilitates bookmaking if the person in any way knowingly
aids an
illegal bookmaking operation, including, without
limitation,
placing a bet with a person engaged in or facilitating
illegal
bookmaking. For purposes of division (A)(2) of this
section, a
person facilitates a
scheme or game of chance conducted
for
profit
or a scheme of chance if the person in any way
knowingly aids in
the conduct or
operation of any such
scheme or
game
or scheme, including,
without
limitation, playing any such
scheme or game
or scheme. (C) This section does not prohibit conduct in connection
with gambling expressly permitted by law. (D) This section does not apply to any of the following: (1)
Schemes of chance conducted by a charitable
organization
that is, and has received from the internal revenue
service a
determination letter that is currently in effect
stating that the
organization is, exempt from federal income
taxation under
subsection 501(a) and described in subsection
501(c)(3) of the
Internal Revenue Code, provided that all of the
money or assets
received from the scheme of chance after
deduction only of prizes
paid out during the conduct of the
scheme of chance are used by,
or given, donated, or otherwise
transferred to, any organization
that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3)
of the Internal Revenue Code
and is either a governmental unit or
an organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3) of the Internal Revenue Code,
and provided that the
scheme of chance is not conducted during, or
within ten hours of,
a bingo game conducted for amusement purposes
only pursuant to
section 2915.12 of the Revised Code; (2) Games of chance, if all of the following apply:
(a) The games of chance are not craps for money,
or roulette
for money, or slot machines;. (b) The games of chance are conducted by a charitable
organization that is, and has received from the internal revenue
service a determination letter that is currently in effect,
stating that the organization is, exempt from federal income
taxation under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code;. (c) The games of chance are conducted at festivals of the
charitable
organization that are conducted either for a period of
four
consecutive days or less and not more than twice a year or
for a
period of five consecutive days not more than once a year,
and
are conducted on premises owned by the charitable organization
for a period of no less than one year immediately preceding the
conducting of the games of chance, on premises leased from a
governmental unit, or on premises that are leased from a
veteran's
or fraternal organization and that have been owned by
the lessor
veteran's or fraternal organization for a period of no
less than
one year immediately preceding the conducting of the
games of
chance. A charitable organization shall not lease premises from a
veteran's or fraternal organization to conduct a festival
described in
division (D)(2)(1)(c) of this section if the
veteran's or
fraternal
organization already has leased the
premises
four times during the preceding year to charitable
organizations for
that purpose. If a charitable organization
leases premises from
a veteran's or fraternal organization to
conduct a festival
described in division (D)(2)(1)(c) of this
section, the
charitable
organization shall not pay a rental rate
for the premises per day
of the festival that exceeds the rental
rate per bingo session
that a charitable organization may pay
under division
(A)(3)(B)(1) of
section 2915.09 of the Revised Code
when it leases premises from
another charitable organization to
conduct bingo games. (d) All of the money or assets received from the games of
chance after deduction only of prizes paid out during the conduct
of the games of chance are used by, or given, donated, or
otherwise transferred to, any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal
Revenue Code and is either a governmental unit or an organization
that is tax exempt under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code; (e) The games of chance are not conducted during, or
within
ten hours of, a bingo game conducted for amusement
purposes only
pursuant to section 2915.12 of the Revised Code. No person shall receive any commission, wage, salary,
reward,
tip, donation, gratuity, or other form of compensation,
directly
or indirectly, for operating or assisting in the
operation of any
scheme or game of chance. (3)(2) Any tag fishing tournament operated under a permit
issued under section 1533.92 of the Revised Code, as
"tag fishing
tournament" is defined in section 1531.01 of the Revised Code;
(3) Bingo conducted by a charitable organization that holds
a
license
issued under section 2915.08 of the Revised Code. (E) Division (D) of this section shall not be construed to
authorize the sale, lease, or other temporary or permanent
transfer of the right to conduct
schemes of chance or games of
chance, as granted by
that division
(D) of this section, by any
charitable organization that is granted that right. (F) Whoever violates this section is guilty of gambling, a
misdemeanor of the first degree. If the offender previously has
been
convicted of any gambling offense, gambling is a felony of
the fifth degree.
Sec. 2915.04. (A) No person, while at a hotel,
restaurant,
tavern, store, arena, hall, or other place of public
accommodation, business, amusement, or resort shall make a bet or
play any game of chance
or scheme of chance. (B) No person, being the owner or lessee, or having
custody,
control, or supervision, of a hotel, restaurant, tavern,
store,
arena, hall, or other place of public accommodation,
business,
amusement, or resort shall recklessly permit
such
those
premises
to be used or occupied in violation of division (A) of
this
section. (C)
This
(1) Except as otherwise provided in section 2915.13
of the Revised Code, no person, while at a tavern or other
establishment at which beer or intoxicating liquor is sold for
consumption on the premises, shall play bingo, any game of
chance, or any scheme of chance, whether or not a charitable
organization conducts the bingo, game, or scheme.
(2) Except as otherwise provided in section 2915.13 of the
Revised Code, no person who is the owner or lessee, or who has
custody, control, or supervision, of a tavern or other
establishment at which beer or intoxicating liquor is sold for
consumption on the premises shall recklessly permit the premises
to be used or occupied for a purpose described in division (C)(1)
of this section.
(D)(1) Divisions (A) and (B) of this section
does
do not
prohibit conduct in connection
with gambling expressly permitted
by law.
(2) Division (C) of this section does not prohibit conduct
permitted under division (D) of section 2915.02 of the Revised
Code and does not apply to bingo, any game of chance, or any
scheme of chance conducted by a veteran's organization or a
fraternal organization pursuant to section 2915.13 of the Revised
Code. (D)(E) Whoever violates this section is guilty of public
gaming,. Except as otherwise provided in this division, public
gaming is a minor misdemeanor. If the offender
has previously
has
been
convicted of any gambling offense, public gaming is a
misdemeanor
of the fourth degree.
(E)(F) Premises used or occupied in violation of division
(B)
or (C)
of this section constitute a nuisance subject to
abatement
pursuant to sections 3767.01 to 3767.99
under Chapter
3767. of the Revised Code.
Sec. 2915.05. (A) No person, with purpose to defraud or
knowing that the
person is facilitating a fraud, shall engage in
conduct designed to corrupt
the outcome of any of the following: (1) The subject of a bet; (2) A contest of knowledge, skill, or endurance that is not
an athletic or
sporting event; (3) A scheme or game of chance; (B) No person shall knowingly do any of the following: (1) Offer, give, solicit, or accept anything of value to
corrupt the
outcome of an athletic or sporting event; (2) Engage in conduct designed to corrupt the outcome of an
athletic or sporting event. (C)(1) Whoever violates division (A) of this section is
guilty of cheating,. Except as otherwise provided in this
division, cheating is a misdemeanor of the first degree. If the
potential gain
from
the cheating is five hundred dollars or more
or if the offender previously has
been convicted of any gambling
offense or of any theft offense, as defined in
section 2913.01 of
the Revised Code, cheating is a felony of the fifth degree. (2) Whoever violates division (B) of this section is guilty
of corrupting
sports. Corrupting sports is a felony of the fifth
degree on a first offense
and a felony of the fourth degree on
each subsequent offense.
Sec. 2915.07. (A) No person, except a charitable
organization that has
obtained a
bingo license pursuant to section
2915.08 of the Revised
Code,
shall conduct or advertise
a bingo
game.
This division does
not apply to a raffle that a charitable
organization conducts or advertises. (B) Whoever violates this section is guilty of conducting
an
illegal
bingo
game, a felony of the fourth degree.
Sec. 2915.08. (A)(1) Annually before the first day of
January,
a charitable organization that desires to conduct bingo
games, instant bingo at a bingo session, or instant bingo other
than at a bingo session
shall make out
and deliver to the attorney
general, upon a
form to
be furnished by the attorney general for
that purpose, an
application for a license to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session and
deliver that
application to the attorney general
together with a license fee
of
one hundred
as follows: (a) Except as otherwise provided in this division, for a
license for the conduct of bingo, two hundred
dollars
or a;
(b) Except as otherwise provided in this division, for a
license for the conduct of instant bingo at a
bingo session or
instant bingo other
than at a bingo session, a
license fee
that is
based upon
the
total of all
money or assets
received by any person
or the
charitable organization from the
operation of instant bingo
at a bingo session or instant bingo
other
than at a bingo session,
during the one-year period ending
on the
thirty-first day of
October of the year immediately
preceding the
year for which the
license is sought, and that is
one of the
following: (i)
Five hundred dollars, if the total is less than two
hundred
fifty thousand dollars; (ii)
One thousand dollars, if the total is at least two
hundred
fifty thousand dollars but less than five hundred thousand
dollars; (iii)
One thousand five hundred dollars, if the total is at
least
five
hundred thousand dollars but less than seven hundred
fifty
thousand dollars; (iv)
Two thousand dollars, if the total is at least seven
hundred fifty thousand dollars but less than one million dollars; (v)
Three thousand five hundred dollars, if the total is at
least one
million
dollars but less than one million five hundred
thousand
dollars; (vi)
Five thousand dollars, if the total is one million
five
hundred thousand dollars or more; (c) A reduced license fee established by the
attorney
general
pursuant to division (G) of this section.
The
(d) For a license to conduct bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session for a
charitable organization that prior to the effective date of this
amendment has not been licensed under this chapter to conduct
bingo, instant bingo at a bingo session, or instant bingo other
than at a bingo session, a license fee established by rule by the
attorney general in accordance with division (H) of this section. (2) The
application shall be in the form prescribed by the
attorney
general
and, shall be signed and sworn to by the
applicant. The application, and shall contain
all of the following:
(1)(a) The name and post-office address of the applicant;
(2)(b) A statement that the applicant is a charitable
organization and that it has been in continuous existence as a
charitable organization in this state for
two years
immediately
preceding the making of the application
or for five
years in the
case of a
fraternal organization or a
nonprofit medical
organization;
(3)(c) The location at which the organization will conduct
the
bingo
game, which location shall be within
the
county in
which
the
principal place of business of the
applicant
is
located, the
days
of the week and the times on each
of those
days
when
a bingo
session will be conducted, whether the
organization
owns, leases,
or subleases the premises, and a copy
of the rental
agreement if
it leases or subleases the premises;
(4)(d) A statement of the applicant's previous history,
record,
and association that is sufficient to establish that the
applicant
is a charitable organization, and a copy of a
determination letter
that is issued by the Internal Revenue
Service and states that the
organization is tax exempt under
subsection 501(a) and described
in subsection 501(c)(3),
501(c)(4), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal
Revenue Code;
(5)(e) A statement as to whether the applicant has ever had
any
previous application refused, whether it previously has had a
license revoked or suspended, and the reason stated by the
attorney general for the refusal, revocation, or suspension;
(6)(f) A statement of the charitable
purpose
purposes for
which the
bingo proceeds
net profit derived from bingo, other than
instant bingo, will be used, and a statement of how the net profit
derived from instant bingo will be distributed in accordance with
section 2915.101 of the Revised Code;
(7)(g) Other necessary and reasonable information that the
attorney general may require by rule adopted pursuant to section
111.15 of the Revised Code;
(8)(h) If the applicant is a charitable
trust as defined in
section 109.23 of the Revised Code, a
statement as to whether it
has registered with the attorney general
pursuant to section
109.26 of the Revised Code or filed
annual reports pursuant to
section 109.31 of the Revised
Code,
and, if it is not required to
do either, the exemption in section 109.26
or 109.31 of the
Revised Code that applies to it;
(9)(i) If the applicant is a charitable organization as
defined
in
section 1716.01 of the Revised Code, a statement as to
whether
it
has filed with the attorney general a registration
statement
pursuant to
section 1716.02 of the Revised Code and a
financial
report
pursuant to section 1716.04 of the Revised Code,
and, if it
is not
required to do both, the exemption in section
1716.03 of
the
Revised Code that applies to it;
(10)(j) In the case of an applicant seeking to qualify as a
youth athletic park organization
under division (CC) of section
2915.01 of the Revised Code, a statement issued by a board or
body
vested with authority under Chapter 755. of the Revised Code
for
the supervision and maintenance of recreation facilities in
the
territory in which the organization is located, certifying
that
the playing fields owned by the organization were used for
at
least one hundred days during the year in which the statement
is
issued, and were open for use to all residents of that
territory,
regardless of race, color, creed, religion, sex, or
national
origin, for athletic activities by youth athletic
organizations,
as defined in division (BB) of section 2915.01 of
the Revised
Code, that do not discriminate on the basis of race,
color, creed,
religion, sex, or national origin, and that the
fields were not
used for any profit-making activity at any time
during the year.
That type of board or body is authorized to
issue the statement
upon request and shall issue the statement if
it finds that the
applicant's playing fields were so used.
(3) The attorney general, within thirty days after receiving
a
timely filed application from a charitable organization that has
been issued a
bingo license
under this section that has not
expired and has not been
revoked or suspended, shall send a
temporary permit to the
applicant specifying the date on which the
application was filed
with the attorney general and stating that,
pursuant to section
119.06 of the Revised Code, the applicant may
continue to conduct
bingo
games until a new license is granted or,
if the application
is rejected, until fifteen days after notice of
the rejection is
mailed to the applicant. The temporary permit
does not affect
the
validity of the applicant's application and
does not grant
any
rights to the applicant except those rights
specifically
granted
in section 119.06 of the Revised Code. The
issuance of a
temporary permit by the attorney general pursuant to
this
paragraph
division does not prohibit the attorney general
from rejecting
the applicant's application because of acts that
the applicant
committed, or actions that the applicant failed to
take,
before
or after the
issuance of the temporary permit. (4) Within thirty days after receiving an initial license
application from a charitable organization to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session, the
attorney general shall conduct a preliminary
review of the
application and notify the applicant regarding any
deficiencies.
Once an application is deemed complete, or beginning
on the thirtieth day after the application
is filed, if
the
attorney general failed to notify the applicant
of any
deficiencies, the attorney general shall have an additional
sixty
days to conduct an investigation and either grant or deny
the
application based on findings established and communicated in
accordance with divisions (B) and (E) of this section. As an
option to granting or denying an initial license application, the
attorney general may grant a temporary license and request
additional time to conduct the investigation if the attorney
general has cause to believe that additional time is necessary to
complete the investigation and has notified the applicant in
writing about the specific concerns raised during the
investigation. (B)(1) The attorney general shall adopt rules to enforce
sections 2915.01, 2915.02,
and 2915.07 to
2915.12
2915.13 of the
Revised
Code to ensure that bingo
games are
or instant bingo is
conducted
in accordance
with
those
sections, and to maintain
proper control
over the
conduct
of
bingo
games
or instant bingo.
The rules,
except rules adopted pursuant
to
division
divisions
(A)(7)(2)(g)
and (G) of this section, shall
be adopted
pursuant to
Chapter 119.
of the Revised Code. The
attorney
general shall
license
charitable organizations to conduct
bingo
games, instant
bingo at
a bingo session, or instant bingo other than at a bingo
session in
conformance
with this chapter and with the
licensing
provisions
of
Chapter
119. of the Revised Code. (2) The attorney general may refuse to grant a
bingo
license
to any organization, or revoke or suspend the license of
any
organization, that does any of the following or to which any
of
the following applies: (a) Fails or has failed at any time to meet any
requirement
of section 109.26, 109.31, or 1716.02, or sections 2915.07
to
2915.11 of the Revised Code,
or violates or has violated any
provision of sections 2915.02 or
2915.07 to
2915.12
2915.13 of the
Revised
Code or any rule adopted by the
attorney general pursuant
to this
section; (b) Makes or has made an incorrect or false statement that
is material to the granting of the license in an application
filed
pursuant to division (A) of this section; (c) Submits or has submitted any incorrect or false
information relating to an application if the information is
material to the granting of the license; (d) Maintains or has maintained any incorrect or false
information that is material to the granting of the license in
the
records required to be kept pursuant to
division
divisions (A)
and
(C) of
section
2915.10 of the Revised Code, if applicable; (e) The attorney general has good cause to believe
that the
organization will
not
conduct
its bingo
games, instant bingo at a
bingo session, or instant bingo other than at a bingo session in
accordance with
sections
2915.02
and
2915.07 to
2915.12
2915.13 of
the
Revised Code or
with any rule
adopted by
the attorney general
pursuant to this
section. (3) For the purposes of
this division
(B) of this section,
any action of an
officer, trustee, agent, representative, or bingo
game operator
of
an organization is an action of the organization. (C) The attorney general may grant
bingo licenses to
charitable organizations that are branches, lodges, or chapters
of
national charitable organizations. (D) The attorney general shall send notice in writing to
the
prosecuting attorney and sheriff of the county in which the
organization will conduct
the bingo
game, instant bingo at a bingo
session, or instant bingo other than at a bingo session, as stated
in its
application for a license or amended license, and to any
other
law
enforcement agency in that county that so requests, of
all of
the
following: (1) The issuance of the license; (2) The issuance of the amended license; (3) The rejection of an application for and refusal to
grant
a license; (4) The revocation of any license previously issued; (5) The suspension of any license previously issued. (E) A
bingo license issued by the attorney general shall
set
forth the information contained on the application of the
charitable organization that the attorney general determines is
relevant, including, but not limited to, the location at which
the
organization will conduct
the bingo
game, instant bingo at a bingo
session, or instant bingo other than at a bingo session and the
days of the
week
and the times on each of those days when
a bingo
session
will be
conducted. If the attorney general refuses to
grant or
revokes or
suspends a
bingo license, the attorney
general
shall notify the
applicant in writing and specifically
identify the reason for the
refusal, revocation, or suspension in
narrative form and, if
applicable, by identifying the section of
the Revised Code
violated. The failure of the attorney general to
give the
written
notice of the reasons for the refusal,
revocation, or
suspension
or a mistake in the written notice does
not affect the
validity of
the attorney general's refusal to
grant, or the
revocation or
suspension of, a
bingo license. If
the attorney
general fails to
give the written notice or if there
is a mistake
in the written
notice, the applicant may bring an
action to
compel the attorney
general to comply with this division
or to
correct the mistake,
but the attorney general's order
refusing to
grant, or revoking or
suspending, a
bingo license
shall not be
enjoined during the
pendency of the action. (F) A charitable organization that has been issued a
bingo
license pursuant to division (B) of this section but that cannot
conduct bingo
sessions
or instant bingo at the location, or on the
day of the week
or
at the time, specified on the license due to
circumstances
beyond
its control
that make it impractical to do so
may apply,
without charge, in writing, together with an
application fee of
two hundred fifty dollars, to the attorney
general
for, at least
thirty days prior to a change in location,
day of the week, or
time, and request an amended
bingo license.
The application shall
describe
in detail the causes making it
impossible
impractical for
the
organization to conduct
its bingo
sessions
or instant bingo in conformity with
its
license and shall
indicate the location, days of the week, and
times on each of
those days when it desires to conduct
a bingo
session. If the
attorney general approves the application for
the
amended license
or instant bingo. Except as otherwise provided in this
division,
the attorney general shall issue the
amended
license in
accordance
with division (E) of this section, and the
organization
shall
surrender its original license to the attorney
general. The
attorney general
shall
may refuse to grant
an
application for an
amended
bingo license according to the terms
of
division (B) of
this section. (G) The attorney general, by rule adopted pursuant to
section 111.15 of the Revised Code, shall establish a schedule of
reduced license fees for charitable organizations that desire to
conduct bingo
games
or instant bingo during fewer than twenty-six
weeks in any
calendar year.
(H) The attorney general, by rule adopted pursuant to section
111.15 of the Revised Code, shall establish license fees for the
conduct of bingo, instant bingo at a bingo session, or instant
bingo other than at a bingo session for charitable organizations
that prior to the effective date of this amendment have not been
licensed to conduct bingo, instant bingo at a bingo session, or
instant bingo other than at a bingo session under this chapter. (I) The attorney general may enter into a written contract
with any other state agency to delegate to that state agency the
powers prescribed to the attorney general under Chapter 2915. of
the Revised Code.
(J) The attorney general, by rule adopted pursuant to
section 111.15 of the Revised Code, may adopt rules to determine
the requirements for a charitable organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code to be in good
standing in the state.
Sec. 2915.081. (A)
No distributor shall sell,
offer to
sell,
or otherwise provide or offer to provide bingo supplies
to
another
person for use in
this state without having obtained a
license
from the attorney
general under
this section. (B)
The attorney general may issue a distributor
license to
any person that meets the requirements of this
section. The
application for the license shall be on a
form prescribed by the
attorney general and be accompanied by the annual fee
prescribed
by this section. The license is
valid for a period of one year,
and the annual fee for the license is two
thousand five hundred
dollars. (C)
The attorney general may refuse to issue a
distributor
license to any person to which any of the following applies, or to
any person that has an
officer, partner, or other person who has
an ownership interest of
ten per cent or more and to whom any of
the following applies: (1)
The person, officer, or partner has been convicted of a
felony under
the laws of this
state, another state, or the United
States. (2)
The person, officer, or partner has been convicted of
any
gambling
offense. (3)
The person, officer, or partner has made an incorrect or
false
statement that is material to the granting
of a license in
an application submitted to the attorney general under this
section or in a similar application submitted to
a gambling
licensing authority in another jurisdiction if the
statement
resulted in license revocation through administrative
action in
the other jurisdiction. (4)
The person, officer, or partner has submitted any
incorrect or false
information relating to the
application to the
attorney general under this section, if the information is
material to the granting of the license. (5)
The person, officer, or partner has failed to correct
any
incorrect or
false information that is material to the
granting of
the license in the records required to be maintained
under
division (E) of section 2915.10 of the Revised Code. (6)
The person, officer, or partner has had a license
related
to gambling
revoked or suspended under the
laws of this
state,
another state, or the United
States. (D)
The attorney general shall not issue a
distributor
license to any person that is involved in the conduct
of bingo on
behalf of a charitable organization or that is a
lessor of
premises used for the conduct of bingo. This division does not
prohibit a distributor from advising charitable organizations on
the use and benefit of specific bingo supplies or prohibit a
distributor from advising a customer on operational methods to
improve bingo profitability. (E)(1)
No distributor shall sell, offer to
sell, or
otherwise
provide or offer to provide bingo supplies to
any person
for use
in this state except to a charitable organization that has
been
issued a
license under section 2915.08 of the Revised Code or
to
another distributor that has been issued a license
under this
section. No distributor shall accept payment for
the sale or
other
provision of bingo
supplies other than by check.
(2)
No distributor shall provide a charitable organization
with free
samples of instant bingo tickets or cards, punch boards,
or seal cards. No distributor may donate, give, loan, lease, or
otherwise provide any bingo supplies or equipment to a charitable
organization
for use in a bingo session conditioned on or in
consideration for
an exclusive right to provide bingo supplies to
the charitable
organization. (3)
No distributor shall purchase bingo supplies for
use in
this state from any person except from a manufacturer issued a
license
under section 2915.082 of the Revised
Code or from another
distributor issued a license under this section.
Subject to
division (D) of section 2915.082 of the Revised Code, no
distributor
shall pay for purchased bingo
supplies
other than
by
check. (4) No distributor shall participate in the conduct of bingo
on behalf of a charitable organization or have any direct or
indirect ownership interest in a premises used for the conduct of
bingo. (5) No distributor shall knowingly solicit, offer, pay, or
receive any kickback, bribe, or undocumented rebate, directly or
indirectly,
overtly or covertly, in cash or in kind, in return for
providing
bingo supplies to any person in this state.
(F)
The attorney general may suspend or revoke a
distributor
license for any of the reasons for which the
attorney general may
refuse to issue a distributor license specified in
division (C) of
this section or if the distributor
holding the license violates
any provision of this chapter or any
rule adopted by the attorney
general under this chapter. (G)
Whoever violates division (A) or
(E) of this section is
guilty of illegally operating as a
distributor. Except as
otherwise provided in this division, illegally
operating as a
distributor is a misdemeanor of the
first degree. If the offender
previously has been convicted of a
violation of division (A) or
(E) of this section, illegally
operating as a distributor is a
felony of the fifth degree.
Sec. 2915.082. (A)
No manufacturer shall
sell, offer to
sell, or otherwise provide or offer to provide bingo supplies
for
use
in this state without having obtained a license
from the
attorney general under this section. (B)
The attorney general may issue a manufacturer
license to
any person that meets the requirements of this
section. The
application for the license shall be on
a form prescribed by the
attorney general and be accompanied by the annual fee
prescribed
by this section. The license is
valid for a period of one year,
and the annual fee for the license is two
thousand five hundred
dollars. (C)
The attorney general may refuse to issue a
manufacturer
license to any person to which any of the following applies, or
to
any person that has an
officer, partner, or other person who has
an ownership interest of
ten per cent or more and to whom any of
the following applies: (1)
The person, officer, or partner has been convicted of a
felony under
the laws of this
state, another state, or the United
States. (2)
The person, officer, or partner has been convicted of
any
gambling
offense. (3)
The person, officer, or partner has made an incorrect or
false
statement that is material to the granting
of a license in
an application submitted to the attorney general under this
section or in a similar application submitted to
a gambling
licensing authority in another jurisdiction if the
statement
resulted in license revocation through administrative
action in
the other jurisdiction. (4)
The person, officer, or partner has submitted any
incorrect or false
information relating to the application to the
attorney general under this
section,
if the information is
material to the granting of the license. (5)
The person, officer, or partner has failed to correct
any
incorrect or
false information that is material to the
granting of
the license in the records required to be maintained
under
division (F) of section 2915.10 of the Revised Code. (6)
The person, officer, or partner has had a license
related
to gambling
revoked or suspended under the
laws of this
state,
another state, or the United
States. (D)(1)
No manufacturer shall sell, offer to sell,
or
otherwise
provide or offer to provide bingo supplies to any
person
for use
in this
state except to a distributor that has been issued
a
license under section
2915.081 of
the Revised Code. No
manufacturer shall accept
payment for the sale of
bingo supplies
other than by check. (2) No manufacturer shall knowingly solicit, offer, pay, or
receive any kickback, bribe, or undocumented rebate, directly or
indirectly, overtly or covertly, in cash or in kind, in return for
providing bingo supplies to any person in this state. (E)
The attorney general may suspend or revoke a
manufacturer
license for any of the reasons for which the
attorney
general may
refuse to issue a manufacturer license specified
in
division (C)
of this section or if the manufacturer
holding the
license
violates any provision of this chapter or any
rule adopted
by the
attorney general under this chapter.
(F)
Whoever violates division (A) or
(D) of this section is
guilty of illegally operating as a
manufacturer. Except as
otherwise provided in this division, illegally
operating as a
manufacturer is a misdemeanor of the
first degree. If the
offender previously has been convicted of a
violation of division
(A) or (D) of this section, illegally
operating as a manufacturer
is a felony of the fifth degree.
Sec. 2915.09. (A)
A
No charitable organization that conducts
a
bingo
game shall
fail to do
all
any of the following: (1) Own all of the equipment used to conduct
the bingo
game
or lease that equipment from a charitable organization that
is
licensed to conduct
a bingo
game for a rental rate that is
not
more than is customary and reasonable for that equipment; (2) Use all of the gross receipts from
the bingo
game for
paying prizes,
for
the charitable purposes listed in its bingo
license application
renting premises in which to conduct bingo,
for purchasing or leasing bingo
cards and
other equipment
supplies
used in conducting
the bingo
game,
for hiring
security
personnel
for the bingo game,
or
for advertising
the bingo
game, or for
other expenses listed in division (LL) of section 2915.01 of the
Revised Code,
provided that the amount of the receipts so spent is
not
more than
is customary and reasonable for a similar purchase,
lease, hiring,
or advertising,
and for renting premises in which
to conduct
the
bingo
game, except that if
or expense. If the
building in which
the game
bingo is
conducted is owned by the
charitable
organization
conducting
the
game
bingo and the bingo
conducted includes
a form of bingo described
in division
(S)(1) of
section 2915.01 of
the Revised Code, the charitable
organization
may deduct from
the
total amount of the gross
receipts from each
session a sum
equal
to the lesser of six
hundred dollars or
forty-five
per cent of the
gross receipts from
the
session
bingo
described in
that division
as consideration for
the use of the
premises;. (3)
Conduct
Use, or give, donate, or otherwise transfer, all
of the
net profit derived from bingo, other than instant bingo,
for a charitable purpose
listed in its license
application and
described in division (Z) of
section 2915.01 of the
Revised Code,
or distribute all of the net profit derived from instant bingo as
stated in its license application and in accordance with section
2915.101 of the Revised Code. (B)
No charitable organization that conducts a
bingo game
described in division (S)(1) of section 2915.01 of the Revised
Code shall fail to do any of
the following: (1)
Conduct the bingo game on premises that are owned by
the
charitable organization, on premises that are owned by
another
charitable organization and leased from that charitable
organization for a rental rate not in excess of
four
the lesser of
six hundred
fifty
dollars per bingo session
or forty-five per cent
of the gross receipts of
the bingo session, on premises that are
leased from a
person other than a charitable organization for a
rental rate
that is not more than is customary and reasonable for
premises
that are similar in location, size, and quality but not
in excess
of four hundred fifty dollars per bingo session, or on
premises
that are owned by a person other than a charitable
organization,
that are leased from that person by another
charitable
organization, and that are subleased from that other
charitable
organization by the charitable organization for a
rental rate not
in excess of four hundred fifty dollars per bingo
session.
If the
charitable organization leases from a person
other than a
charitable organization the premises on which it
conducts bingo
games
sessions, the lessor of the premises shall
provide
only the premises
to the organization and shall not
provide the
organization with
bingo game operators, security
personnel,
concessions or
concession operators, bingo
equipment
supplies, or any other
type of
service or equipment. A charitable
organization shall not
lease
or sublease premises that it owns or
leases to more than one
other charitable organization per calendar
week for the purpose
of
conducting bingo
games
sessions on the
premises. A person that is not
a
charitable organization shall
not lease premises that it owns,
leases, or otherwise is empowered
to lease to more than one
charitable organization per calendar
week for conducting bingo
games
sessions on the premises. In no
case shall more than two bingo
sessions be conducted on any
premises in any calendar week. (4)(2) Display its
bingo license conspicuously at the
location
premises where the bingo
game
session is conducted;
(5)(3) Conduct the bingo
game
session in accordance with the
definition of bingo set forth in division (S)(1) of section
2915.01 of the Revised Code.
(B)
A
(C)
No charitable organization that conducts a bingo
game
described in division (S)(1) of section 2915.01 of the
Revised
Code shall
not
do any of the following:
(1) Pay any compensation to a bingo game operator for
operating a bingo
game
session that is conducted by the charitable
organization or for preparing, selling, or serving food or
beverages at the site of the bingo
game
session, permit any
auxiliary
unit
or society of the charitable organization to pay
compensation to
any bingo game operator who prepares, sells, or
serves food or
beverages at a bingo session conducted by the
charitable
organization, or permit any auxiliary unit or society
of the
charitable organization to prepare, sell, or serve food or
beverages at a bingo session conducted by the charitable
organization, if the auxiliary unit or society pays any
compensation to the bingo game operators who prepare, sell, or
serve the food or beverages; (2) Pay consulting fees to any person for any services
performed in relation to the bingo
game
session; (3) Pay concession fees to any person who provides
refreshments to the participants in the bingo
game
session; (4)
Conduct
Except as otherwise provided in division
(C)(4)
of this section, conduct more than two bingo sessions in
any
seven-day
period.
Except that a
A volunteer
fire fighter's
firefighter's organization
or a
volunteer
rescue service
organization that
conducts not more than five bingo sessions in
a
calendar year may
conduct more than two bingo sessions in a
seven-day period
after
notifying the attorney general when it will
conduct the
sessions;. (5) Pay out more than three thousand five hundred dollars
in
prizes during any bingo session that is conducted by the
charitable organization; (6) Conduct a bingo session at any time during the
ten-hour
period between midnight and ten a.m., at any time
during, or
within ten hours of, a bingo game conducted for
amusement only
pursuant to section 2915.12 of the Revised Code,
at any
location
premises not specified on its
bingo license, or on any day
of the
week or
during any time period not specified on its
bingo
license.
If
circumstances
beyond its control make it
impossible
impractical
for the
charitable organization to conduct a bingo session at the
location
premises, or on the day of the week or at the time,
specified on its
bingo license or if a charitable
organization
wants to conduct bingo sessions on a day of the week
or at a time
other than the day or time specified on its
bingo
license, the
charitable organization may apply in writing to the
attorney
general for an amended
bingo license, pursuant to
division (F) of
section 2915.08 of the Revised Code. A
charitable
organization
may apply
only once
twice in each
calendar year
for
an amended
license to conduct bingo sessions on a day of the
week
or at a
time other than the day or time specified on its
bingo
license.
If
the amended license is granted, the
organization may
conduct
bingo
sessions at the
location
premises, on the
day of the
week, and at
the
time
specified on its amended
license. (7) Permit any person whom the charitable organization
knows, or should have known, is under the age of eighteen to work
as a bingo game operator; (8) Permit any person whom the charitable organization
knows, or should have known, has been convicted of a felony or
gambling offense in any jurisdiction to be a bingo game operator; (9) Permit the lessor of the premises on which
the bingo
session is
conducted, if the lessor is not a charitable
organization, to
provide the charitable organization with bingo
game operators,
security personnel, concessions, bingo
equipment
supplies, or any other
type of service or equipment; (10) Purchase or lease bingo supplies from any
person
except
a
distributor issued a license under section
2915.081 of
the Revised
Code; (11)(a) Use or permit the use of electronic bingo aids
except under the following circumstances:
(i) Not more than fifty-four bingo faces can be
played by a
single participant using an electronic bingo aid.
(ii) The charitable organization shall provide a
participant using an
electronic bingo aid with corresponding paper
bingo cards
or sheets.
(iii) The total price of bingo faces played with an
electronic
bingo aid shall be equal to the total price of the
same number of bingo faces played with a
paper bingo card or sheet
sold at the same bingo session but without an electronic bingo
aid. (iv) An electronic bingo aid cannot be part of an electronic
network other than a network that includes only bingo aids and
devices that are located on the premises at which the bingo is
being conducted or be interactive with any device not located on
the premises at which the bingo is being conducted.
(v) An electronic bingo aid cannot be used to participate
in bingo that is conducted at a location other than the location
at which the bingo session is conducted and at which the
electronic bingo aid is used.
(vi) An electronic bingo aid cannot be used to provide
for the input of numbers and letters announced by a bingo caller
other than the bingo caller who physically calls the numbers and
letters at the location at which the bingo session is conducted
and at which the electronic bingo aid is used.
(b) The attorney general may adopt rules in accordance with
Chapter 119. of the Revised Code that govern the use of electronic
bingo aids. The rules may include a requirement that an
electronic bingo aid be capable of being audited by the attorney
general to verify the
number of bingo cards or sheets played
during each bingo
session. (12)
Permit any person the charitable organization knows, or
should have
known, to be under eighteen years of age to play
bingo
described in division (S)(1) of section 2915.01 of the Revised
Code. (C) A
(D)
Except as otherwise provided in this division,
no
charitable organization shall provide to a bingo game operator,
and no
bingo game operator shall
not receive or accept, any
commission, wage, salary, reward, tip, donation, gratuity, or
other form of compensation, directly or indirectly, regardless of
the source, for
operating a
conducting bingo
game or
providing
other work or
labor at the site of
the bingo
game. This division
does not
prohibit an employee of a fraternal organization or
veteran's organization
from
selling instant bingo tickets or cards
to the
organization's members, as long as no
portion of the
employee's
compensation is paid from any receipts of bingo.
(D)(E) Notwithstanding division
(A)(3)(B)(1)
of this
section, a charitable organization that, prior to December 6,
1977,
has entered into written agreements for the lease of
premises it owns
to another charitable organization or other
charitable
organizations for the conducting of bingo sessions so
that more
than two bingo sessions are conducted per calendar week
on the
premises, and a person that is not a charitable
organization and
that, prior to December 6, 1977, has entered into
written
agreements for the lease of premises it owns to charitable
organizations for the conducting of more than two bingo sessions
per calendar week on the premises, may continue to lease the
premises to those charitable organizations, provided that no more
than four sessions are conducted per calendar week, that the
lessor organization or person has notified the attorney general
in
writing of the organizations that will conduct the sessions
and
the days of the week and the times of the day on which the
sessions will be conducted, that the initial lease entered into
with each organization that will conduct the sessions was filed
with the attorney general prior to December 6, 1977, and that
each
organization that will conduct the sessions was issued a
license
to conduct bingo games by the attorney general prior to
December
6, 1977.
(E)(F) Whoever violates division (A)(2) of this section is
guilty of illegally conducting a bingo game, a felony of the
fourth degree.
Whoever
Except as otherwise provided in this
division, whoever violates division (A)(1),
or (3),
(4), or
(5),
(B)(1), (2),
or
(3),
or (C)(1) to (12), or (D) of this section is
guilty of a
minor
misdemeanor. If the offender previously has
been convicted
of a
violation of division (A)(1),
or (3),
(4), or
(5), (B)(1),
(2),
or
(3),
or (C)(1) to (11), or, (D) of this
section, a violation of
division
(A)(1),
or (3),
(4), or (5),
(B)(1),
(2),
or
(3),
or (C),
or
(D)
of
this section is a
misdemeanor of the first degree.
Whoever violates division (C)(12)
of this section is guilty of a misdemeanor of the first degree, if
the offender previously has been convicted of a violation of
division (C)(12) of this section, a felony of the fourth degree.
Sec. 2915.091. (A) No charitable organization that conducts
instant bingo shall do any of the following: (1) Fail to comply with the requirements of divisions (A)(1),
(2), and (3) of section 2915.09 of the Revised Code; (2) Conduct instant bingo unless that organization is, and
has received from the internal revenue service a determination
letter that is currently in effect stating that the organization
is exempt from federal income taxation under subsection
501(a),
is described in subsection 501(c)(3) of the Internal Revenue
Code, is in good standing in the state pursuant to section 2915.08
of the Revised Code, and is in compliance with Chapter 1716. of
the Revised Code; (3) Conduct instant bingo on any day, at any time, or at any
premises not specified on the organization's license issued
pursuant to section 2915.08 of the Revised Code; (4) Permit any person whom the organization knows or should
have known has been convicted of a felony or gambling offense in
any jurisdiction to be a bingo game operator in the conduct of
instant bingo; (5) Purchase or lease supplies used to conduct instant bingo
or punch board games from any person except a distributor licensed
under section 2915.081 of the Revised Code; (6) Sell or provide any instant bingo ticket or card for a
price different from the price printed on it by the manufacturer; (7) Use any instant bingo ticket or card as a prize or award.
Division (A)(7) of this section does not preclude a charitable
organization from giving a winner of an instant bingo game
additional instant bingo tickets in lieu of a cash prize. (8) Sell an instant bingo ticket or card to a person under
eighteen years of age; (9) Fail to keep unsold instant bingo tickets or cards for
less than three years; (10) Pay any compensation to a bingo game operator for
conducting instant bingo that is conducted by the organization or
for preparing, selling, or serving food or beverages at the site
of the instant bingo game, permit any auxiliary unit or society of
the organization to pay compensation to any bingo game operator
who prepares, sells, or serves food or beverages at an instant
bingo game conducted by the organization, or permit any auxiliary
unit or society of the organization to prepare, sell, or serve
food or beverages at an instant bingo game conducted by the
organization, if the auxiliary unit or society pays any
compensation to the bingo game operators who prepare, sell, or
serve the food or beverages; (11) Pay fees to any person for any services performed in
relation to an instant bingo game; (12) Pay fees to any person who provides refreshments to the
participants in an instant bingo game; (13) Allow instant bingo tickets or cards to be sold to
bingo game operators who are performing work or labor at a
premises at which the organization sells instant bingo tickets or
cards or to be sold to employees of a D permit holder who are
working at a premises at which instant bingo tickets or cards are
sold on behalf of the organization as described in division
(B)
of section 4301.03 of the Revised Code; (14) Fail to display its bingo license, and the serial
numbers of the deal of instant bingo tickets or cards to be sold,
conspicuously at each premises at which it sells instant bingo
tickets or cards;
(15) Possess a deal of instant bingo tickets or cards that
was not purchased
from a distributor licensed under section
2915.081 of the Revised
Code as reflected on an
invoice issued by
the distributor that contains all of the
information required by
division (E) of section 2915.10 of the
Revised Code;
(16) Fail, once it opens a deal of instant bingo tickets or
cards, to continue to sell the tickets or cards in that deal until
the tickets or cards with the top two highest tiers of prizes in
that deal are
sold;
(17) Purchase, lease, or use instant bingo ticket dispensers
to sell instant bingo tickets or cards. (B) A charitable organization may conduct instant bingo other
than at a bingo session at not more than five separate locations.
A charitable organization that is exempt from federal taxation
under subsection 501(a) and described in subsection 501(c)(3) of
the Internal Revenue Code and that is created by a veteran's
organization or a fraternal organization is not limited in the
number of separate locations the charitable organization may
conduct instant bingo other than at a bingo session.
(C)
The attorney general may adopt rules in
accordance with
Chapter 119. of the Revised Code that govern the conduct of
instant
bingo by charitable organizations. Before those rules
are adopted,
the attorney general shall reference the recommended
standards
for
opacity,
randomization, minimum information, winner
protection, color, and
cutting for instant bingo tickets or cards,
seal cards, and punch
boards
established by the North American
gaming regulators
association. (D)
Whoever violates division (A) of
this
section or a rule
adopted under division (B) of this section
is
guilty of illegal
instant bingo conduct. Except as otherwise
provided in
this
division, illegal instant bingo conduct is a
misdemeanor of the
first
degree. If the offender previously has
been convicted of a
violation of
division (A) of
this section or of such a rule,
illegal instant bingo
conduct is a
felony of the fifth degree.
Sec. 2915.092. (A)
A charitable organization does not need
a
license to conduct bingo, in order to conduct a raffle drawing. (B)(1)
No charitable organization shall conduct a raffle
unless
the organization is, and has received from the internal
revenue
service a determination letter that is currently in effect
stating
that the organization is, exempt from federal income
taxation
under subsection 501(a) and is described in subsection
501(c)(3) of the Internal
Revenue Code.
(2)
No charitable organization shall conduct more than
thirty-six raffles during a calendar year. (3) No person shall be compensated directly or indirectly for
assisting in the conduct or operation of a raffle. (C) No raffle drawing shall be conducted on premises other
than
premises that a charitable organization uses for its
charitable programs.
(D)
No person shall fail
to use, or
give, donate, or
otherwise
transfer, the net profit
from a raffle
for a charitable
purpose described in
division
(Z) of section
2915.01 of the
Revised
Code. (E)
Whoever violates division (B), (C), or (D) of this
section is
guilty
of illegal conduct of a raffle. Except as
otherwise
provided in
this
division, illegal conduct of a raffle
is a
misdemeanor of the
first degree.
If the offender previously
has
been convicted of a
violation of division
(B), (C), or (D) of
this
section, illegal conduct of a
raffle is a felony of the
fifth
degree.
Sec. 2915.10. (A)
A
No charitable organization that
conducts
a bingo
session or
scheme or
a game of
chance
pursuant
to
division
(D) of section 2915.02 of the Revised Code, shall
fail
to
maintain
the
following records for at least three years from
the
date on
which
the bingo
session or scheme or game of chance is
conducted: (1) An itemized list of the gross receipts of each
bingo
session
or scheme or,
each game of instant bingo by serial number,
each raffle, each
punch board game, and each
game of chance; (2) An itemized list of all expenses, other than prizes,
that are incurred in conducting
the bingo
session
or instant
bingo, the name of
each person to whom the expenses are
paid, and
a receipt for all
of the expenses; (3) A list of all prizes awarded during
the
each bingo
session
or scheme or,
each raffle, each punch board game, and each
game of chance conducted by the
charitable
organization,
the total
prizes awarded from each game
of instant
bingo by serial number,
and the name
and,
address,
and
social security number of all
persons who are
winners of prizes of
one
six hundred dollars or
more in value; (4) An itemized list of the
charitable recipients of the
proceeds
net profit of the bingo
session or scheme or
game of
chance,
including the name and address of each recipient to whom
the
money is distributed, and if the organization uses the
proceeds
net
profit of
a bingo
session, or the money or assets
received
from a
scheme or game of chance, for any
charitable or
other
purpose set
forth in division (Z) of
section 2915.01
or,
division
(D) of section 2915.02, or section 2915.101 of the
Revised
Code, a list of each purpose
and an itemized list of each
expenditure for each purpose; (5) The number of persons who participate in any bingo
session
or scheme or game of chance that is conducted by the
charitable organization; (6) A list of receipts from the sale of food and beverages
by the charitable organization or one of its auxiliary units or
societies, if the receipts were excluded from
the definition of
"gross receipts" under division (X) of section 2915.01 of the
Revised Code; (7) An itemized list of all expenses incurred at each
bingo
session,
each raffle, each punch board game, or
each game of
instant bingo conducted by the
charitable
organization in the
sale
of food and beverages by the
charitable
organization or by
an
auxiliary unit or society of the
charitable
organization, the
name
of each person to whom the
expenses are
paid, and a receipt
for
all of the expenses. (B)
The gross profit from each bingo session or game
described in division
(S)(1) or (2) of section 2915.01 of the
Revised
Code shall be deposited into a checking account devoted
exclusively
to the bingo session or game. Payments for allowable
expenses incurred in
conducting the bingo session or game and
payments to recipients of
some or all of the net profit
of the
bingo session or game shall be made only
by checks drawn on
the
bingo session or game account. (C)
Each charitable organization shall conduct and record an
inventory of all of its bingo supplies as of the first day of
November of each year. (D)
The attorney general may adopt rules in accordance with
Chapter 119. of the Revised Code that establish
standards of
accounting, record keeping, and reporting to ensure that
gross
receipts from bingo or games of chance are properly
accounted for. (E)
A distributor shall maintain, for a period
of three
years
after the date of its sale or other provision, a record of
each
instance of its selling or otherwise providing to another
person
bingo
supplies for use in this state. The record shall
include
all of
the
following for each instance: (1)
The name of the manufacturer from which the
distributor
purchased the bingo supplies and the
date of the purchase; (2)
The name and address of the charitable organization or
other
distributor to which the bingo supplies were sold or
otherwise
provided; (3)
A description that clearly identifies the bingo
supplies; (4) Invoices that include all instant
bingo
deals
sold or
otherwise provided to each
charitable
organization. (F)
A manufacturer shall maintain, for a period
of three
years after the date of its sale or other provision, a record of
each instance of its selling or otherwise providing bingo supplies
for use in this state. The record shall include all of the
following for each instance: (1)
The name and address of the distributor to whom the
bingo
supplies were sold or otherwise provided; (2)
A description that clearly identifies the bingo
supplies, including serial numbers; (3)
Invoices that include all instant
bingo deals
sold or
otherwise provided to each
distributor. (G) The attorney general, or any local law enforcement
agency,
may
do all of the following: (1) Investigate any charitable organization or any
officer,
agent, trustee, member, or employee of the organization; (2) Examine the accounts and records of the organization; (3) Conduct inspections, audits, and observations of bingo
games or schemes or games of chance
while they are in session; (4) Conduct inspections of the premises where bingo
games or
schemes
or games of chance are
operated
conducted; (5) Take any other necessary and reasonable action to
determine if a violation of any provision of sections 2915.01,
2915.02, and 2915.07 to
2915.12
2915.13 of the Revised Code has
occurred
and to
determine whether section 2915.11 of the Revised
Code has
been complied with. If any local law enforcement agency has reasonable grounds
to
believe that a charitable organization or an officer, agent,
trustee, member, or employee of the organization has violated any
provision of this chapter, the
local law enforcement agency may
proceed by action in the proper
court to enforce this chapter,
provided that the local law enforcement agency shall give written
notice to the attorney general when commencing an action as
described in this division. (C)(H) No person shall destroy, alter, conceal, withhold, or
deny access to any accounts or records of a charitable
organization that have been requested for examination, or
obstruct, impede, or interfere with any inspection, audit, or
observation of
a bingo
game or
scheme or
a game of
chance or
premises where
a bingo
game or
scheme or
a game of chance is
operated
conducted, or refuse to comply with any reasonable
request of, or
obstruct, impede, or interfere with any other
reasonable action
undertaken by, the attorney general or a local
law enforcement
agency pursuant to division
(B)(G) of this
section.
(D)(I) Whoever violates division (A) or
(C)(H) of this
section
is guilty of a misdemeanor of the first degree.
Sec. 2915.101. Except as otherwise provided by law, a
charitable organization that conducts instant bingo shall
distribute the net profit from the proceeds of the sale of instant
bingo as follows:
(A)(1) If a veteran's organization or a fraternal
organization
conducted the instant bingo, the organization shall
distribute
the net profit, as follows: (a) A minimum of fifty per cent shall be distributed to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision; (b) Twenty per cent may be distributed for the
organization's own charitable purposes. (c) Thirty per cent may be deducted and retained by the
organization for the organization's expenses in conducting the
instant bingo game. (2) If a veteran's organization or a fraternal organization
does not distribute the full percentages specified in divisions
(A)(1)(b) and (c) of this section for the purposes specified in
those divisions, the organization shall distribute the balance of
the net profit not distributed or retained for those purposes to
an organization described in division (Z)(1) of section 2915.01 of
the Revised Code. (3) A veteran's organization or a fraternal organization is
not required to itemize the organization's expenses.
(B)(1) If a charitable organization other than a veteran's
organization or a fraternal organization conducted the instant
bingo, the organization shall distribute the net profit as
follows: (a) A minimum of seventy per cent shall be distributed to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision. (b) Thirty per cent may be deducted and retained by the
organization for the organization's expenses in conducting the
instant bingo game. (2) If a charitable organization does not retain the full
percentage specified in division (B)(1)(b) of this section for the
purposes specified in that division, the organization shall
distribute the balance of the net profit not retained for that
purpose to an organization described in division (Z)(1) of section
2915.01 of the Revised Code. (3) A charitable organization other than a veteran's
organization or fraternal organization is not required to itemize
the charitable organization's expenses.
Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised
Code do not apply to bingo games that are conducted for the
purpose of amusement only. A bingo game is conducted for the
purpose of amusement only if it complies with all of the
requirements specified in either division (A)(1) or
(B)(2) of this
section: (A)(1)(a) The participants do not pay any money or any other
thing of value including an admission fee, or any fee for bingo
cards,
or sheets, objects to cover the spaces, or other devices
used
in playing bingo, for the privilege of participating in the
bingo
game, or to defray any costs of the game, or pay tips or
make
donations during or immediately before or after the bingo
game;.
(2)(b) All prizes awarded during the course of the game are
nonmonetary, and in the form of merchandise, goods, or
entitlements to goods or services only, and the total value of
all
prizes awarded during the game is less than one hundred
dollars;.
(3)(c) No commission, wages, salary, reward, tip, donation,
gratuity, or other form of compensation, either directly or
indirectly, and regardless of the source, is paid to any bingo
game operator for work or labor performed at the site of the
bingo
game;.
(4)(d) The bingo game is not conducted either during or
within
ten hours of
any of the following:
(a)(i) A bingo session during which a charitable bingo game
is
conducted pursuant to sections 2915.07 to 2915.11 of the
Revised
Code;
(b)(ii) A scheme or game of chance
other than a bingo game
conducted pursuant to this section,
or bingo described in
division
(S)(2) of section 2915.01 of the Revised Code.
(5)(e) The number of players participating in the bingo game
does not exceed fifty.
(B)(1)(2)(a) The participants do not pay money or any other
thing
of value as an admission fee, and no participant is charged
more
than twenty-five cents to purchase a bingo card,
or sheet,
objects
to
cover the spaces, or other devices used in playing
bingo;.
(2)(b) The total amount of money paid by all of the
participants for bingo cards,
or sheets, objects to cover the
spaces,
or other devices used in playing bingo does not exceed
one
hundred
dollars;.
(3)(c) All of the money paid for bingo cards,
or sheets,
objects
to cover spaces, or other devices used in playing bingo
are
is used
only to pay winners monetary and nonmonetary prizes
and to
provide
refreshments;.
(4)(d) The total value of all prizes awarded during the game
does not exceed one hundred dollars;.
(5)(e) No commission, wages, salary, reward, tip, donation,
gratuity, or other form of compensation, either directly or
indirectly, and regardless of the source, is paid to any bingo
game operator for work or labor performed at the site of the
bingo
game;.
(6)(f) The bingo game is not conducted during or within ten
hours of either of the following:
(a)(i) A bingo session during which a charitable bingo game
is
conducted pursuant to sections 2915.07 to 2915.11 of the
Revised
Code;
(b)(ii) A scheme of chance or game of chance
other than a
bingo
game conducted pursuant to this section,
or bingo
described
in
division (S)(2) of section 2915.01 of the Revised Code.
(7)(g) All of the participants reside at the premises where
the
bingo game is conducted;.
(8)(h) The bingo games are conducted on different days of
the
week and not more than twice in a calendar week.
(C)(B) The attorney general, or any local law enforcement
agency, may investigate the conduct of a bingo game
that
purportedly is conducted for purposes of amusement only if there
is reason to believe that the purported amusement bingo game
does
not comply with the requirements of either
division (A)(1) or
(B)(2) of
this section. A local law
enforcement
agency may
proceed by
action in the proper court to enforce this
section if
the local
law enforcement agency gives written notice
to the
attorney
general when commencing the action.
Sec. 2915.13. (A) A veteran's organization or a fraternal
organization authorized to conduct a bingo session pursuant to
sections 2915.01 to 2915.12 of the Revised Code may conduct
instant bingo other than at a bingo session if both of
the
following apply:
(1) The veteran's organization or fraternal organization
limits the sale of instant bingo to ten consecutive hours per
day
for up to six days per week.
(2) The veteran's organization or fraternal organization
limits the sale of instant bingo to its own premises and to its
own members and invited guests.
(B) If a veteran's organization or fraternal organization
authorized to conduct instant bingo pursuant to division (A) of
this section is raising money for another charitable organization,
the veteran's organization or fraternal organization shall execute
a written contract with a charitable organization in order to
conduct instant bingo. That contract shall include a statement of
the percentage of the net proceeds that the veteran's or fraternal
organization will be distributing to the charitable organization.
(C) If a veteran's organization or fraternal organization
authorized to conduct instant bingo pursuant to division (A) of
this section has been issued a liquor permit under Chapter 4303.
of the Revised Code, that permit may be subject to suspension,
revocation, or cancellation if the veteran's organization or
fraternal organization violates a provision of sections 2915.01 to
2915.13 of the Revised Code.
Sec. 3763.01. (A) All promises, agreements, notes, bills,
bonds, or other contracts, mortgages, or other securities, when
the whole or part of the consideration thereof is for money or
other valuable thing won or lost, laid, staked, or betted at or
upon a game of any kind, or upon a horse race or cockfights,
sport
or pastime, or on a wager, or for the repayment of money
lent or
advanced at the time of a game, play, or wager, for the
purpose of
being laid, betted, staked, or wagered, are void. (B) Sections 3763.01 to 3763.08 of the Revised Code do not
apply to
a charitable bingo
game as defined in
division (O)
of
section 2915.01 of the Revised Code or to any
scheme or game of
chance that is not subject to criminal penalties under section
2915.02 of the Revised Code.
Sec. 4301.03. The liquor control commission may adopt and
promulgate, repeal, rescind, and amend, in the manner required by
this section, rules, standards, requirements, and orders
necessary
to carry out
this chapter and
Chapter 4303. of the
Revised
Code,
but all rules of the board of liquor control which
were in
effect
immediately prior to April 17, 1963, shall remain
in full
force
and effect as rules of the liquor control commission
until
and
unless amended or repealed by the liquor control
commission.
The
rules of the commission may include the
following: (A) Rules with reference to applications for and the
issuance of permits for the manufacture, distribution,
transportation, and sale of beer and intoxicating liquor, and the
sale of alcohol; and rules governing the procedure of the
division
of liquor control in the suspension, revocation,
and cancellation
of
those permits; (B) Rules and orders providing in detail for the conduct
of
any retail business authorized under permits issued pursuant
to
this chapter and Chapter 4303. of the Revised Code,
with a view to
ensuring compliance with
those chapters and
laws relative
to
them, and the maintenance of public
decency, sobriety, and good
order in any place licensed under
the
permits. No rule or order
shall prohibit the sale of
lottery
tickets issued pursuant to
Chapter 3770. of the Revised
Code by
any retail business
authorized under permits issued
pursuant to
that chapter. No rule or order shall prohibit pari-mutuel wagering on
simulcast horse races
at a satellite facility that has been issued
a D liquor permit under Chapter
4303. of the Revised Code. No
rule or order shall prohibit
a
charitable
veteran's organization
or a fraternal organization that
holds
a
D-4
liquor permit, as
defined in Chapters 4301. and 4303. of the Revised Code, from
selling or
serving beer or
intoxicating liquor
under its permit in
a portion
of its premises
merely because that
portion of its
premises is
used at other times
for the conduct of
a
charitable
bingo
game
session or instant
bingo other than at a bingo session.
However,
such
an
organization
shall not
sell or serve
beer or
intoxicating liquor or permit beer or
intoxicating liquor
to be
consumed or seen in the same location in
its premises where
a
charitable bingo
game
is being conducted
while the
game is being
conducted. As used in this division,
"charitable organization"
has the same meaning as in division (H)
of section 2915.01
of the
Revised Code, and
"charitable bingo
game
session" and "instant
bingo"
has
have
the same
meaning
meanings as
in
division (R)
of
that section
2915.01 of the Revised Code.
No
rule or order
pertaining to
visibility into
the premises of a
permit holder
after the legal
hours of sale
shall be adopted or
maintained by
the commission. (C) Standards, not in conflict with those prescribed by
any
law of this state or the United States, to secure the use of
proper ingredients and methods in the manufacture of beer,
mixed
beverages, and wine to be sold within this state; (D) Rules determining the nature, form, and capacity of
all
packages and bottles to be used for containing beer or
intoxicating liquor except for spirituous liquor to be kept or
sold, governing the form of all seals and labels to be used
on
those packages and bottles,
and requiring the label on
every
package, bottle, and
container to state the ingredients in
the
contents and, except on
beer, the terms of
weight, volume, or
proof spirits, and
whether the same is beer,
wine, alcohol, or any
intoxicating
liquor except for spirituous
liquor; (E) Uniform rules governing all advertising with reference
to the sale of beer and intoxicating liquor throughout the state
and advertising upon and in the premises licensed for the sale of
beer or intoxicating liquor; (F) Rules restricting and placing conditions upon the
transfer of permits; (G) Rules and orders limiting the number of permits of any
class within the state or within any political subdivision of the
state; and, for
that purpose, adopting reasonable
classifications
of
persons or establishments to which any
authorized class of
permits
may be issued within any
political subdivision; (H) Rules and orders with reference to sales of beer and
intoxicating liquor on Sundays and holidays and with reference to
the hours of the day during which and the persons to whom
intoxicating liquor of any class may be sold, and rules with
reference to the manner of sale; (I) Rules requiring permit holders buying beer
to pay and
permit holders selling beer
to collect minimum cash deposits for
kegs, cases,
bottles, or other returnable containers of
the beer;
requiring the repayment, or credit, of
the minimum cash
deposit
charges upon the return of
the empty
containers; and
requiring
the posting of such form of indemnity
or such other
conditions
with respect to the charging,
collection,
and repayment
of minimum
cash deposit charges for
returnable
containers of beer
as are
necessary
to ensure
the return of
the empty containers or
the
repayment upon
that return of the minimum cash deposits
paid; (J) Rules establishing the method by which alcohol
products
may be imported for sale by wholesale distributors and
the method
by which manufacturers and suppliers may sell alcohol
products to
wholesale distributors.
(K) Rules governing the procedure of the division of liquor
control in the suspension, revocation, and cancellation of permits
issued to a veteran's organization or fraternal organization for a
violation of any provision of sections 2915.01 to 2915.13 of the
Revised Code. As used in this division "veteran's organization"
and "fraternal organization" have the same meanings as in section
2915.01 of the Revised Code. Every rule, standard, requirement, or order of the
commission
and every repeal, amendment, or rescission
of
them shall be
posted for public inspection in the principal office
of
the
commission and the principal office of the division of
liquor
control, and a certified copy
of them shall be
filed in the
office of the secretary of state. An order applying
only to
persons named
in it shall be served on the persons
affected by
personal delivery of a certified copy, or by mailing
a
certified
copy to each person affected
by it or,
in the case of a
corporation, to any officer or agent
of
the
corporation upon whom
a
service of summons may be served in a
civil action. The posting
and filing required by this section
constitutes sufficient notice
to all persons affected by such rule
or order which is not
required to be served. General rules of the
commission
promulgated pursuant to this section shall be published
in
the
manner
the commission determines.
Sec. 4303.17. Permit D-4 may be
issued to a club which has
been in existence for three years or
more prior to the issuance of
such
the permit to sell beer and any
intoxicating liquor to its
members only, in glass or container,
for consumption on the
premises where sold. The fee for this
permit is three hundred
seventy-five dollars. No such permit
shall be granted or retained
until all elected officers of
such
the organization controlling
such
the club have filed with the
division
of liquor control a
statement
certifying that
such
the club is
operated in the
interest of the
membership of a reputable
organization, which is
maintained by a
dues paying membership,
setting forth the amount
of initiation fee
and yearly dues. All
such matters shall be
contained in a
statement signed under oath
and accompanied by a
surety bond in
the sum of one thousand
dollars.
Such
The bond
shall be declared
forfeited in the full
amount of the penal sum of
the bond for any
false statement
contained in
such
the
certificate, and the surety shall
pay the amount
of the bond to
the division. The roster of
membership of a D-4
permit holder
shall be submitted under oath on
the request of the
superintendent
of liquor control. Any
information
acquired by the
superintendent
or the division
with
respect to
such
that membership shall
not be
open to public inspection
or examination and may be
divulged by
the superintendent and the
division only in hearings
before the
liquor control commission or
in a court action in
which the
division or the
superintendent is
named a party. The requirement that a club shall
have been in existence for
three years in order to qualify for a
D-4 permit does not apply to
units of organizations chartered by
congress or to a subsidiary
unit of a national fraternal
organization if the parent
organization has been in existence for
three years or more at the
time application for a permit is made
by
such
the unit. No rule or order of the
division or commission shall prohibit
a charitable
organization
that holds a D-4 permit from selling or
serving beer or
intoxicating liquor under its permit in a portion
of its premises
merely because that portion of its premises is
used
at other
times for the conduct of
a charitable
that is a
veteran's organization or a fraternal organization from
conducting
bingo
game
as
described in division (S)(2) of section
2915.01 of
the Revised
Code on the premises of a D-4 or D-5 permit holder
in
accordance with Chapter 2915. of the Revised Code and the
provisions of division (B) of section 4301.03 of the Revised
Code.
However, such
an organization shall not sell or serve beer
or
intoxicating
liquor or permit beer or intoxicating liquor to be
consumed or
seen in the same location in its premises where a
charitable
bingo game is being conducted while the game is being
conducted.
As used in this section,
"charitable organization"
has
the same
meaning as in division (H) of section 2915.01 and
"charitable
bingo
game"
has
have the same
meaning
meanings as in
division (R) of
section
2915.01 of the Revised Code.
Section 2. That existing sections 109.32, 173.121,
1531.01,
1711.09,
2915.01,
2915.02,
2915.04, 2915.05, 2915.07,
2915.08,
2915.09,
2915.10,
2915.12,
3763.01, 4301.03, and
4303.17
of
the
Revised
Code are
hereby
repealed.
Section 3. The annual license fees prescribed by division
(A)(1) of section 2915.08 of the Revised Code, as amended by this
act, shall not be applied until one year after the effective date
of this act. During that one-year period after the effective date
of this act, the attorney general may, by rule adopted pursuant to
section 111.15 of the Revised Code establish the license fees for
the conduct of bingo, instant bingo at a bingo session, and
instant bingo other than at a bingo session.
Section 4. All applicants that apply
for an initial
distributor license under section 2915.081 of the Revised Code
within sixty days after the effective date of this act may sell
bingo supplies as authorized by section 2915.081 of the Revised
Code without a license only until a determination is made by the
attorney general either granting or denying the application for a
license under section 2915.081 of the Revised Code.
Section 5. All applicants that apply
for an initial
manufacturer's license under section 2915.082 of the Revised Code
within sixty days after the effective date of this act may sell
bingo supplies as authorized by section 2915.082 of the Revised
Code without a license only until a determination is made by the
attorney general either granting or denying the application for a
license under section 2915.082 of the Revised Code.
Section 6. Divisions (D) and (E)(4) of section 2915.081 of
the Revised Code, as enacted by this act, prohibiting a
distributor from being a lessor of premises used for the conduct
of bingo or having any direct or indirect ownership interest in a
premises used for the conduct of bingo, shall not be applied
against any distributor until one year after the effective date of
this act if the
distributor possesses an interest in any premises
used for the
conduct of bingo on the effective date of this act.
Section 7. Division (A)(4) of section
2915.08 of the Revised
Code shall not be applied until one year
after the effective date
of this act.
Section 8. Section 2915.09 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. S.B. 70 and Am. Sub. S.B. 2 of
the 121st General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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