The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 325As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Hollister, Faber, Aslanides, Blasdel, Brinkman, Callender, Carmichael, Clancy, Collier, Daniels, C. Evans, Fessler, Flowers, Gibbs, Gilb, Grendell, Hoops, Latta, Kearns, Niehaus, Oelslager, Olman, Peterson, Raussen, Reidelbach, Reinhard, Schaffer, Schmidt, J. Stewart, Taylor, Trakas, Wagner, Widener, Widowfield, Willamowski, Wolpert, Young, Allen, Book, Carano, Cirelli, DePiero, Distel, Domenick, Driehaus, Hartnett, Harwood, Jerse, Koziura, Otterman, S. Patton, Perry, Redfern, Seaver, Sferra, Wilson, Cates, D. Stewart
A BILL
To amend sections 1711.09, 2915.01, 2915.02, 2915.03, 2915.07, 2915.08, 2915.081, 2915.09, 2915.091, 2915.092, 2915.095, 2915.10, 2915.101, and 2915.13 and to enact section 2915.083 of the Revised Code relative to the conduct of bingo, instant bingo at a bingo session, and instant bingo other than at a bingo session by a charitable organization and to other charitable gambling-related matters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1711.09, 2915.01, 2915.02, 2915.03, 2915.07, 2915.08, 2915.081, 2915.09, 2915.091, 2915.092, 2915.095, 2915.10, 2915.101, and 2915.13 be amended and section 2915.083 of the Revised Code be enacted to read as follows:
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
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
the
fairground who has not first obtained from the director of
agriculture
a license
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
after a fair, a charitable
organization to
conduct in accordance with Chapter 2915. of the
Revised Code
games of chance or bingo on the
fairground of
a any county with a population of
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
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
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 conducted for profit,
or other scheme in which a
participant gives a
valuable
consideration for a chance to win a
prize,
but does not
include
bingo, a skill-based amusement machine, or a pool not conducted for profit. (D)
"Game of chance" means poker, craps, roulette,
or other game in which a player gives
anything of value in the hope of gain, the outcome of which is
determined largely
by chance,
but does not include
bingo. (E)
"Game of chance conducted for profit"
means
any
game of chance designed to produce income for
the
person who conducts or operates the
game of chance,
but
does not include
bingo. (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 or evidencing a bet; (3) A deck of cards, dice, gaming table, roulette wheel,
slot machine,
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
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)
Except as otherwise provided in this chapter,
"charitable "Charitable organization" means any tax exempt social club, any tax exempt community action agency, or any tax exempt
religious,
educational, veteran's, fraternal, sporting, service, nonprofit
medical,
volunteer rescue service, volunteer
firefighter's,
senior
citizen's, historic railroad educational, 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, if the organization is a veteran's organization or a fraternal organization and 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)(4) of the Internal Revenue Code, or if the organization is a social club or sporting organization that is, and has received from the internal revenue service a determination letter that currently is in effect stating that the club or organization is, exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(7) of the Internal Revenue Code.
To
qualify as a charitable organization, an
organization, except a
volunteer rescue service organization, nonprofit medical organization, social club, or volunteer
fire
fighter's firefighter'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 or 2915.083 of the
Revised Code or
the conducting of any
game of
chance as
provided in division
(D) 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, a
fraternal organization, or a sporting 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 or 2915.083 of the Revised Code or the
conducting of any 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
purpose
of which
is
to educate and develop the capabilities of
individuals through instruction by means of operating or contributing to the support of a school, academy,
college, or
university. (K)
"Veteran's organization" means any individual post or state headquarters of
a
national veteran's association, or an any auxiliary unit of any
individual post of a national veteran's association, which post, state headquarters,
or
auxiliary unit that has been in continuous existence in this state for at least two years and incorporated as a nonprofit
corporation immediately preceding making an application for a license under section 2915.08 or 2915.083 of the Revised Code
and either 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 or has received a letter from the national veteran's association indicating that the state headquarters 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
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
firefighter's organization"
means any
organization of volunteer
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, state headquarters, 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 two
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
primarily to provide, or to contribute to the support of organizations or
institutions organized and operated exclusively primarily 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 primarily to provide, or to
contribute to the support of
organizations or institutions
organized and operated exclusively
primarily 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
license pursuant
to section 2915.08 or 2915.083 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)
Instant bingo, punch boards, and
raffles. (T)
"Conduct" means to back, promote, organize, manage,
carry
on,
sponsor, or prepare for the operation of
bingo or
a
game
of
chance. (U)
"Bingo game operator" means any person, except
security
personnel, who performs work or labor at the site of
bingo,
including, but not limited to, collecting money from
participants,
handing out bingo cards or
sheets or objects to cover spaces
on
bingo
cards
or sheets, selecting from a receptacle the objects
that
contain the
combination of letters and numbers that appear on
bingo cards
or sheets,
calling out the combinations of letters
and numbers,
distributing
prizes,
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. (W)
"Bingo session" means a period
that includes both of
the following: (1) Not to exceed five
continuous hours
for the conduct of one or more
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
bingo
without the deduction of any amounts for
prizes paid out
or for the expenses of
conducting
bingo.
"Gross receipts" does not include
any money directly taken in from the sale of food or beverages by
a charitable organization conducting
bingo, or by a
bona
fide auxiliary unit or society of a 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
conducting
bingo. (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. (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
bingo
is conducted. (Z)
"Charitable
purpose" means
that the
net profit of
bingo,
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), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code; (2)
A veteran's organization that is a post, chapter,
or organization of
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
veterans and
substantially all of the other members
of which are individuals
who are
spouses, widows, or widowers of
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
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,
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,
is donated
to
a
governmental agency, or
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; (3) A fraternal organization
that
has been
in continuous
existence in this state for fifteen years
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, if contributions for such use
would qualify
as a deductible charitable contribution under
subsection 170 of
the Internal Revenue Code; (4)
A volunteer
firefighter's 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
bingo
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 a bingo session; (11) Expenses for maintaining and operating a charitable organization's facilities, including, but not limited to, a post home, club house, lounge, tavern, or canteen and any grounds attached to the post home, club house, lounge, tavern, or canteen, and any other expenses for these facilities; (12) 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, or 2915.083 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, or 2915.083 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 does either of the following: (1) Sells, offers for sale, or otherwise
provides
or offers to provide the
bingo supplies to another person
for use in this
state; (2) Modifies, converts, adds to, or removes parts from the bingo supplies to further their promotion or sale 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)(1) "Slot" machine" means either of the following: (a) 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;
(b) 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. (2) "Slot machine" does not include a skill-based amusement machine.
(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 and minus expenses as defined in division (LL) of this section. (XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the
Internal Revenue Code and is a charitable organization as defined
in division (H) of this section. A "charitable instant bingo organization" does
not include 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, a fraternal organization, or a sporting organization in
regards to bingo conducted or assisted by a veteran's organization, a fraternal organization, or a sporting organization pursuant to section 2915.13 of the
Revised Code.
(YY) "Game flare" means the board or placard that accompanies each deal of instant bingo tickets and that has printed on or affixed to it the following information for the game: (1) The name of the game; (2) The manufacturer's name or distinctive logo; (5) The prize structure, including the number of winning instant bingo tickets by denomination and the respective winning symbol or number combinations for the winning instant bingo tickets; (7) The serial number of the game. (ZZ) "Historic railroad educational organization" means an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that owns in fee simple the tracks and the right of way of a historic railroad that the organization restores or maintains and on which the organization provides excursions as part of a program to promote tourism and educate visitors regarding the role of railroad transportation in Ohio history, and that received as donations from a charitable organization that holds a license to conduct bingo under this chapter an amount equal to at least fifty per cent of that licensed charitable organization's net proceeds from the conduct of bingo during each of the five years preceding June 30, 2003. "Historic railroad" means all or a portion of the tracks and right-of-way of a railroad that was owned and operated by a for profit common carrier in this state at any time prior to January 1, 1950. (AAA)(1) "Skill-based amusement machine" means a skill-based amusement device, such as a mechanical, electronic, video, or digital device, or machine, whether or not the skill-based amusement machine requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the machine's offering or to activate the machine, provided that all of the following apply:
(a) The machine involves a task, game, play, contest, competition, or tournament in which the player actively participates in the task, game, play, contest, competition, or tournament.
(b) The outcome of an individual's play and participation is not determined largely or wholly by chance.
(c) The outcome of play during a game is not controlled by a person not actively participating in the game.
(2) All of the following apply to any machine that is operated as described in division (AAA)(1) of this section:
(a) As used in this section, "task," "game," and "play" mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single task, game, play, contest, competition, or tournament may be awarded prizes based on the results of play.
(b) Advance play for a single task, game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition, or tournament participation may be greater than a single non-contest, competition, or tournament play.
(c) To the extent that the machine is used in a contest, competition, or tournament, that contest, competition, or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of prizes that are stated prior to the start of the contest, competition, or tournament.
(BBB) "Pool not conducted for profit" means a scheme in which a participant gives a valuable consideration for a chance to win a prize and the total amount of consideration wagered is distributed to a participant or participants.
(CCC) "Sporting organization" means a hunting, fishing, or trapping organization, other than a college or high school fraternity or sorority, that is not organized for profit, that is affiliated with a state or national sporting organization, including but not limited to, the Ohio League of sportsmen, and that has been in continuous existence in this state for a period of three two years.
(DDD) "Social club" means an organization that is not organized for profit, that is organized and operated exclusively to provide recreational, patriotic, historical, cultural, or ancestral activities for its members, and that has been in continuous existence in this state for a period of ten years. (EEE) "Community action agency" has the same meaning as in section 122.66 of the Revised Code.
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
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
game of chance conducted for profit
or any scheme of
chance; (4) Engage in betting or in playing any scheme or game of
chance 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
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
game
or scheme, including,
without
limitation, playing any such
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)
Games of chance, if all of the following apply: (a) The games of chance are not craps for money
or roulette
for money. (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)(1)(c) of this section if the
veteran's or
fraternal
organization already has leased the
premises
four twelve times during the immediately preceding year twelve months 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)(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
(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), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) 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
game of chance. (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 or 2915.083 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
games of
chance, as granted by
that division, by any
charitable organization that is granted that right. (F) Whoever violates this section is guilty of gambling,. Except as otherwise provided in this division, gambling is a
misdemeanor of the first degree. If the offender previously has
been
convicted of any gambling offense, except as otherwise provided in this division, gambling is a felony of
the fifth degree. If the offender previously has been convicted of any gambling offense but the offender is a bartender who violated this section while working at a premises for which the division of liquor control has issued a permit under Chapter 4303. of the Revised Code to a charitable organization, gambling is a misdemeanor of the first degree.
Sec. 2915.03. (A) No person, being the owner or lessee, or having custody,
control, or supervision of premises, shall: (1) Use or occupy such premises for gambling in violation of section 2915.02
of the Revised Code; (2) Recklessly permit such premises to be used or occupied for gambling in
violation of section 2915.02 of the Revised Code. (B) Whoever violates this section is guilty of operating a
gambling house,. Except as otherwise provided in this division, operating a gambling house is a
misdemeanor of the first degree. If the offender
previously has been convicted of a gambling offense, except as otherwise provided in this division, operating a gambling
house is a felony of the fifth degree. If the offender previously has been convicted of any gambling offense but the offender is a bartender who violated this section while working at a premises for which the division of liquor control has issued a permit under Chapter 4303. of the Revised Code to a charitable organization, operating a gambling house is a misdemeanor of the first degree. (C) Premises used or occupied in violation of this section constitute a
nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the
Revised Code.
Sec. 2915.07. (A) No person, except a charitable
organization that has
obtained a
license pursuant to under section
2915.08 or 2915.083 of the Revised
Code,
shall conduct or advertise
bingo.
This division does
not apply to a raffle that a charitable
organization conducts or advertises. (B) Whoever violates this section is guilty of conducting
illegal
bingo,. Except as otherwise provided in this division, conducting illegal bingo is a misdemeanor of the first degree. Except as otherwise provided in this division, if the offender previously has been convicted of a violation of this section, conducting illegal bingo is a felony of the fourth degree. If the offender is a social club, a veteran's organization, a fraternal organization, or a sporting organization, or if the offender is a bartender who violated this section while working at a premises for which the division of liquor control has issued a permit under Chapter 4303. of the Revised Code to a charitable organization, conducting illegal bingo is a misdemeanor of the first degree.
Sec. 2915.08. (A)(1) Annually before the first day of
January,
a charitable organization that desires to conduct bingo, instant bingo at a bingo session, or instant bingo other
than at a bingo session
shall make out, 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
as follows: (a) Except as otherwise provided in this division, for a
license for the conduct of bingo, two hundred
dollars;
(b) For a
license for the conduct of instant bingo at a
bingo session or
instant bingo other
than at a bingo session for a charitable organization that previously has not been licensed under this chapter to conduct instant bingo at a bingo session or instant bingo other than at a bingo session, a license fee of five hundred dollars, and for any other charitable organization, a
license fee
that is
based upon
the
gross profits received by 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 fifty thousand dollars or less; (ii)
One thousand two hundred fifty dollars plus one-fourth per cent of the gross profit, if the total is more than fifty thousand dollars but less than two hundred fifty thousand one
dollars; (iii)
Two thousand two hundred fifty dollars plus one-half per cent of the gross profit, if the total is
more than
two hundred fifty thousand dollars but less than five hundred
thousand one dollars; (iv)
Three thousand five hundred dollars plus one per cent of the gross profit, if the total is more than
five hundred thousand dollars but less than one million one dollars; (v)
Five thousand dollars plus one per cent of the gross profit, if the total is one million
one
dollars or more; (c) A reduced license fee established by the
attorney
general
pursuant to division (G) of this section.
(d) For a license to conduct bingo for a
charitable organization that prior to the effective date of this amendment July 1, 2003, 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, shall be signed and sworn to by the
applicant, and shall contain
all of the following: (a) The name and post-office address of the applicant; (b) A statement that the applicant is a charitable
organization and that, except for an applicant that is a volunteer rescue service organization or a volunteer firefighter's organization, 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, or for ten years in the case of a social club; (c) The location at which the organization will conduct
bingo, 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
bingo
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; (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)(7), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal
Revenue Code; (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; (f) A statement of the charitable
purposes for
which the
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; (g) A statement of the designated purpose for which the charitable organization will use the net profit from the proceeds of the sale of instant bingo that is to be maintained in a separate account pursuant to section 2915.101 of the Revised Code; (h) Other necessary and reasonable information that the
attorney general may require by rule adopted pursuant to section
111.15 of the Revised Code; (h)(i) 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;
(i)(j) 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;
(j)(k) In the case of an applicant seeking to qualify as a
youth athletic park organization, 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 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
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
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
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. If the applicant was or is issued a license under this section on or after July 1, 2003, the applicant shall be rebuttably presumed to qualify for the issuance of a new license under this section. (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 The
attorney general may grant a temporary license to an applicant 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
2915.13 of the
Revised
Code to ensure that bingo
or instant bingo is
conducted
in accordance
with
those
sections and to maintain
proper control
over the
conduct
of
bingo
or instant bingo.
The rules,
except rules adopted pursuant
to
divisions
(A)(2)(g)(h)
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, 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
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
2915.13 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
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
bingo, instant bingo at a
bingo session, or instant bingo other than at a bingo session in
accordance with
sections
2915.07 to
2915.13 of
the
Revised Code or
with any rule
adopted by
the attorney general
pursuant to this
section. (3) For the purposes of
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
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
bingo, 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
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
bingo, 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
bingo
will be
conducted. If the attorney general refuses to
grant or
revokes or
suspends a
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
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
license
shall not be
enjoined during the
pendency of the action. (F) A charitable organization that has been issued a
license pursuant to division (B) of this section but that cannot
conduct bingo
or instant bingo at the location, or on the
day of the week
or
at the time, specified on the license due to
circumstances
that make it impractical to do so
may apply in writing, together with an
application fee of
two hundred fifty dollars, to the attorney
general, at least
thirty days prior to a change in location,
day of the week, or
time, and request an amended
license.
The application shall
describe
the causes making it
impractical for
the
organization to conduct
bingo
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
bingo
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
may refuse to grant
an
amended
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
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 July 1, 2003, 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 any administrative or ministerial
powers prescribed or duties granted to or imposed upon the attorney general under Chapter 2915. of
the Revised Code this chapter. This division does not authorize the attorney general to delegate any rule-making power granted to the attorney general under this chapter.
(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, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, 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 five
thousand
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, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale,
for use
in this state except to or for the use of a charitable organization that has
been
issued a
license under section 2915.08 or 2915.083 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 may donate, give, loan, lease, or
otherwise provide any bingo supplies or equipment, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, to or for the use of 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. A distributor may provide a licensed charitable organization with free samples of the distributor's products to be used as prizes or to be used for the purpose of sampling. (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. 2915.083. (A) At least thirty business days before the event, a charitable organization that does not have a license under section 2915.08 of the Revised Code and that desires to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session at an event shall make out, upon a form to be furnished by the attorney general for that purpose, an application for a short-term 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 the license fee that the attorney general establishes under this section. The short-term license shall be in effect for seventy-two hours from the time when the event begins. A charitable organization may apply for no more than two short-term licenses to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session during a calendar year. The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish a reduced license fee for charitable organizations that are issued a short-term license. (B)(1) The application shall be in the form prescribed by the attorney general, shall be signed and sworn to by the applicant, and shall contain the information described in divisions (A)(2)(a) to (g) of section 2915.08 of the Revised Code. (2) The charitable organization is not required to submit information on the application other than the information that is described in divisions (A)(2)(a) to (g) of section 2915.08 of the Revised Code.
(C) Except as otherwise provided in division (D) of this section, the attorney general shall issue the short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session to a charitable organization that timely submits an application under division (A) of this section within ten business days after receiving the application from the charitable organization.
(D) The attorney general may refuse to grant a short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session to any charitable organization, or revoke or suspend the short-term license of any charitable organization, that does any of the following or to which any of the following applies:
(1) 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 section 2915.02 or sections 2915.07 to 2915.13 of the Revised Code or any rule adopted by the attorney general pursuant to this section;
(2) Makes or has made an incorrect or false statement that is material to the granting of the short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session in an application filed pursuant to division (A) of this section;
(3) Submits or has submitted any incorrect or false information relating to an application if the information is material to the granting of the short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session;
(4) The attorney general has good cause to believe that the organization will not conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session in accordance with sections 2915.07 to 2915.13 of the Revised Code.
(E) A short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session 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 bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, and the dates and times on each of those dates when bingo will be conducted. If the attorney general refuses to grant or revokes or suspends a short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, 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 short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session. 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 short-term license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session shall not be enjoined during the pendency of the action.
Sec. 2915.09. (A)
No charitable organization that conducts
bingo
shall
fail to do
any of the following: (1) Own all of the equipment used to conduct
bingo
or lease that equipment from a charitable organization that
is
licensed to conduct
bingo
for a rental rate that is
not
more than is customary and reasonable for that equipment; (2) Except as otherwise provided in division (A)(3) of this section, use all of the gross receipts from
bingo
for
paying prizes,
for
renting premises in which to conduct a bingo session,
for purchasing or leasing bingo
supplies
used in conducting
bingo,
for hiring
security
personnel,
for advertising
bingo, 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,
advertising,
or expense. If the
building in which
bingo is
conducted is owned by the
charitable
organization
conducting
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
bingo
described in
that division
as consideration for
the use of the
premises. (3)
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 from the proceeds of the sale of 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
the lesser of
six hundred
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
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
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
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
sessions on the premises. In no
case shall more than two bingo
sessions be conducted on any
premises in any calendar week. (2) Display its
license conspicuously at the
premises where the bingo
session is conducted; (3) Conduct the bingo
session in accordance with the
definition of bingo set forth in division (S)(1) of section
2915.01 of the Revised Code.
(C)
No charitable organization that conducts a bingo
game
described in division (S)(1) of section 2915.01 of the
Revised
Code shall
do any of the following: (1) Pay any compensation to a bingo game operator for
operating a bingo
session that is conducted by the charitable
organization or for preparing, selling, or serving food or
beverages at the site of the bingo
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
session; (3) Pay concession fees to any person who provides
refreshments to the participants in the bingo
session; (4)
Except as otherwise provided in division
(C)(4)
of this section, conduct more than two bingo sessions in
any
seven-day
period.
A volunteer
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 for bingo games described in division (S)(1) of section 2915.01 of the Revised Code during any bingo session that is conducted by the
charitable organization. "Prizes" does not include awards from the conduct of instant bingo. (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
premises not specified on its
license, or on any day
of the
week or
during any time period not specified on its
license.
If
circumstances
make it
impractical
for the
charitable organization that is issued a license under section 2915.08 of the Revised Code to conduct a bingo session at the
premises, or on the day of the week or at the time,
specified on its
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
license, the
charitable organization may apply in writing to the
attorney
general for an amended
license pursuant to
division (F) of
section 2915.08 of the Revised Code. A
charitable
organization
may apply
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
license.
If
the amended license is granted, the
organization may
conduct
bingo
sessions at the
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
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) For any single participant, not more than ninety bingo faces can be
played using an electronic bingo aid or aids. (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.
(D)(1)
Except as otherwise provided in division (D)(3) of this section,
no
charitable organization shall provide to a bingo game operator,
and no
bingo game operator shall
receive or accept, any
commission, wage, salary, reward, tip, donation, gratuity, or
other form of compensation, directly or indirectly, regardless of
the source, for
conducting bingo
or
providing
other work or
labor at the site of
bingo during a bingo session. (2) Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting instant bingo other than at a bingo session at the site of instant bingo other than at a bingo session. (3) Nothing in division
(D) of this section prohibits an employee of a social club, fraternal organization,
veteran's organization, or sporting organization
from
selling instant bingo tickets or cards
to the
organization's members or invited guests, as long as no
portion of the
employee's
compensation is paid from any receipts of bingo. (E) Notwithstanding division
(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. (F) This section does not prohibit a bingo licensed charitable organization or a game operator from giving any person an instant bingo ticket as a prize. (G) Whoever violates division (A)(2) of this section is
guilty of illegally conducting a bingo game, a felony of the
fourth degree.
Except as otherwise provided in this
division, whoever violates division (A)(1)
or (3),
(B)(1), (2),
or
(3),
(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),
(B)(1),
(2),
or
(3),
(C)(1) to (11), or, (D) of this
section, a violation of
division
(A)(1)
or (3),
(B)(1),
(2),
or
(3),
(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 either of the following apply: (a) 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 and described in subsection 501(c)(3) of the Internal Revenue
Code, is a charitable organization as defined in section 2915.01 of the Revised Code, is in good standing in the state pursuant to section 2915.08 or 2915.083
of the Revised Code, and is in compliance with Chapter 1716. of
the Revised Code; (b) 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 and described in subsection
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's organization described in subsection 501(c)(4) of the Internal Revenue Code,
and conducts instant bingo under section 2915.13 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 or 2915.083 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 on either the instant bingo ticket or card or on the game flare; (7)
Sell an instant bingo ticket or card to a person under
eighteen years of age;. Division (A)(7) of this section does not apply to the sale of instant bingo tickets or cards by the holder of a short-term license to conduct instant bingo at a bingo session or to conduct instant bingo other than at a bingo session that is issued pursuant to section 2915.083 of the Revised Code. (8) Fail to keep unsold instant bingo tickets or cards for
less than three years; (9) 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; (10) Pay fees to any person for any services performed in
relation to an instant bingo game; (11) Pay fees to any person who provides refreshments to the
participants in an instant bingo game; (12)(a) Allow instant bingo tickets or cards to be sold to
bingo game operators 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; (b) Division (A)(12)(a) of this section does not prohibit a licensed charitable organization or a bingo game operator from giving any person an instant bingo tickets as a prize. (13) 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;
(14) 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;
(15) 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;
(16) Purchase, lease, or use instant bingo ticket dispensers
to sell instant bingo tickets or cards; (17) Possess bingo supplies that were not obtained in accordance with sections 2915.01 to 2915.13 of the Revised Code.
(B)(1) 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.
(2) A charitable organization may conduct instant bingo 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 and not more than once a year, and are conducted on premises that are owned by the charitable organization for a period of no less than one year immediately preceding the conducting of the instant bingo, on premises that are 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 instant bingo.
(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 (C) 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, a public school, a chartered nonpublic school, or a community school, or a sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(3), 501(c)(4), or 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code may conduct a raffle to raise money for the organization or school and does not need
a
license to conduct bingo in order to conduct a raffle drawing that is not for profit. (B) Except as provided in division (A) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit. (C) Whoever violates division (B) 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) of
this
section, illegal conduct of a
raffle is a felony of the
fifth
degree.
Sec. 2915.095. The attorney general, by rule adopted pursuant
to section 111.15 of the Revised Code, shall establish a standard
contract to be used by a social club, a charitable instant bingo organization, a
veteran's organization, , a fraternal organization, or a sporting organization for the
conduct of instant bingo other than at a bingo session. The terms
of the contract shall be limited to the provisions in Chapter
2915. of the Revised Code this chapter.
Sec. 2915.10. (A)
No charitable organization that
conducts
bingo
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
or game of chance is
conducted: (1) An itemized list of the gross receipts of each
bingo
session,
each game of instant bingo by serial number,
each raffle, each
punch board game, and each
game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number; (2) An itemized list of all expenses, other than prizes,
that are incurred in conducting
bingo
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
each bingo
session,
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,
address,
and
social security number of all
persons who are
winners of prizes of
six hundred dollars or
more in value; (4) An itemized list of the
recipients of the
net profit of the bingo
or
game of
chance,
including the name and address of each recipient to whom
the
money is distributed, and if the organization uses the
net
profit of
bingo, or the money or assets
received
from a
game of chance, for any
charitable or
other
purpose set
forth in division (Z) of
section 2915.01,
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 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
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; (8) An itemized list of each deposit and withdrawal from any separate account in a financial institution that is maintained pursuant to section 2915.101 of the Revised Code for the net profit from the proceeds of the sale of instant bingo and an itemized list of the purpose for each withdrawal from that separate account. (B)
A charitable organization
shall keep the records that it is required to maintain pursuant to
division (A) of this section at its principal place of business in
this state or at its headquarters in this state and shall notify
the attorney general of the location at which those records are
kept. (C) 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. (D)
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. (E)
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. (F)
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 the nonrepeating serial numbers of all paper bingo cards and sheets and all instant
bingo
deals
sold or
otherwise provided to each
charitable
organization. (G)
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 the nonrepeating serial numbers of all paper bingo cards and sheets and all instant
bingo deals
sold or
otherwise provided to each
distributor. (H) The attorney general or any
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
or games of chance; (4) Conduct inspections of the premises where bingo
or games of chance are
conducted; (5) Conduct an audit of any separate account in a financial institution that is maintained pursuant to section 2915.101 of the Revised Code for the net profit from the proceeds of the sale of instant bingo; (6) Take any other necessary and reasonable action to
determine if a violation of any provision of sections 2915.01 to
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
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
law enforcement agency may
proceed by action in the proper
court to enforce this chapter,
provided that the
law enforcement agency shall give written
notice to the attorney general when commencing an action as
described in this division. (I) 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
bingo
or
a game of
chance or
premises where
bingo
or
a game of chance is
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
law enforcement
agency pursuant to division
(H) of this
section. (J) Whoever violates division (A) or
(I) of this
section
is guilty of a misdemeanor of the first degree.
Sec. 2915.101. (A) 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, a fraternal
organization, or a sporting organization
conducted the instant bingo, the organization shall
distribute
the net profit from the proceeds of the sale of instant bingo, 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 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 or to a department or agency of the federal
government, the
state, or any political subdivision; (b) Five per cent may be distributed for the
organization's own charitable purposes. (c) Forty-five 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, a fraternal organization, or a sporting 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 from the proceeds of the sale of instant bingo not distributed or retained for those purposes to
an organization, department, or agency described in division (Z)(1) (A)(1)(a) of this section 2915.01 of
the Revised Code. (3) A veteran's organization, a fraternal organization, or a sporting organization shall pay the expenses that are directly for the conduct of instant bingo by check from the checking account devoted exclusively to the bingo session or game and, may deduct and retain the remainder of the thirty-five forty-five per cent of the net profit from the proceeds of the sale of instant bingo that is for the organization's expenses in conducting the instant bingo game, and may transfer that remainder into the organization's general account. (B)(4) If a charitable organization other than a veteran's
organization, a fraternal organization, or a sporting organization conducted the instant
bingo, the organization shall distribute one hundred per cent of the net profit from the proceeds of the sale of instant bingo to an
organization, department, or agency described in division (Z)(1) (A)(1)(a) of this section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision.
(B)(1) A charitable organization that conducts instant bingo shall deposit the net profit from the proceeds of the sale of instant bingo into a separate account established at a financial institution, as defined in section 1115.07 of the Revised Code, prior to distributing that net profit as provided in division (A) of this section. (2) A charitable organization shall use the net profit from the proceeds of the sale of instant bingo as specified in the organization's instant bingo application.
Sec. 2915.13. (A) A social club, a veteran's organization, a fraternal
organization, or a sporting 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 all of
the
following apply:
(1) The social club, veteran's organization, fraternal organization, or sporting organization
limits the sale of instant bingo to ten consecutive twelve hours per during any
day
for up to six days per week.
(2) The social club, veteran's organization, fraternal organization, or sporting organization
limits the sale of instant bingo to its own premises and to its
own members and invited guests. (3) The social club, veteran's organization, fraternal organization, or sporting organization is
raising money for an 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 maintains its principal place of business in this state, 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 in good standing in this state and executes a written
contract with that organization as required in division
(B) of this section.
(B) If a social club, a veteran's organization, a fraternal organization, or a sporting organization
authorized to conduct instant bingo pursuant to division (A) of
this section is raising money for another 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 maintains its principal place of business in this state, 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 in good standing in this state,
the social club, veteran's organization, fraternal organization, or sporting organization shall execute
a written contract with the 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 maintains its principal place of business in this state, 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 in good standing in this state in order to
conduct instant bingo. That contract shall include a statement of
the percentage of the net proceeds that the social club, veteran's organization, fraternal organization, or sporting
organization will be distributing to the 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 maintains its principal place of business in this state, 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 in good standing in this state.
(C)(1) If a social club, a veteran's organization, a fraternal organization, or a sporting 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, the social club, veteran's organization, fraternal organization, or sporting organization may sell instant bingo in the area to which the permit applies and that permit may be subject to suspension,
revocation, or cancellation if the social club, veteran's organization,
fraternal organization, or sporting organization violates a provision of sections 2915.01 to
2915.13 of the Revised Code.
(2) No social club, veteran's organization, fraternal organization, or sporting organization that
enters into a written contract pursuant to division (B) of this
section shall violate any provision of Chapter 2915. of the
Revised Code this chapter, or permit, aid, or abet any other person in
violating any provision of Chapter 2915. of the Revised Code this chapter.
(D) A social club, a veteran's organization, a fraternal organization, or a sporting organization shall
give all required proceeds earned from the conduct of instant
bingo to the an organization with which the veteran's
organization, fraternal organization, or sporting organization has entered into a written
contract as specified in division (B) of this section. (E) Whoever violates 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 this section, illegal instant bingo conduct is a
felony of the fifth degree.
Section 2. That existing sections 1711.09, 2915.01, 2915.02, 2915.03, 2915.07, 2915.08, 2915.081, 2915.09, 2915.091, 2915.092, 2915.095, 2915.10, 2915.101, and 2915.13 of the Revised Code are hereby repealed. Section 3. Section 2915.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 37 of
the 125th 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.
|