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Sub. H. B. No. 325As Reported by the Senate Agriculture CommitteeAs Reported by the Senate Agriculture Committee
125th General Assembly | Regular Session | 2003-2004 |
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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, Barrett, Beatty, Brown, Buehrer, Chandler, DeBose, DeGeeter, D. Evans, Hagan, Hughes, Key, Martin, Miller, T. Patton, Seitz, Setzer, Skindell, G. Smith, S. Smith, Strahorn, Sykes, Ujvagi, Walcher, Woodard, Yates
SENATOR Mumper
A BILL
To amend sections 1711.09, 2915.01, 2915.081, 2915.09, 2915.092, 2915.093, 2915.101, and 2915.13 of the Revised Code to revise the Charitable Bingo Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1711.09, 2915.01, 2915.081, 2915.09, 2915.092, 2915.093, 2915.101, and 2915.13 of the Revised Code be amended 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 organization" means 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, or if the organization is a sporting organization that 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 or volunteer
fire
fighter's
organization,
shall have been in
continuous existence as
such in this state for
a period of two
years immediately preceding
either the making of
an application
for a
bingo license under
section 2915.08 of the
Revised Code or
the conducting of any
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 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 auxiliary unit of any
individual post of a national veteran's association, which post, state headquarters,
or
auxiliary unit has been in continuous existence in this state for at least two years and incorporated as a nonprofit
corporation
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
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 either of the following: (1) Any organization, not
organized for profit, that is organized and operated exclusively
to provide, or to contribute to the support of organizations or
institutions organized and operated exclusively to provide,
medical and therapeutic services for persons who are crippled,
born with birth defects, or have any other mental or physical
defect or those organized and operated exclusively to protect, or
to contribute to the support of organizations or institutions
organized and operated exclusively to protect, animals from
inhumane treatment or provide immediate shelter to victims of domestic violence; (2) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code and that is an organization, not organized for profit, that is organized and operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated primarily to provide, medical and therapeutic services for persons who are crippled, born with birth defects, or have any other mental or physical defect. (P)
"Nonprofit medical organization" means any either of the following: (1) Any
organization that has been incorporated as a nonprofit
corporation for at least
five years and that has continuously
operated and will be operated
exclusively to provide, or to
contribute to the support of
organizations or institutions
organized and operated exclusively to provide, hospital, medical,
research, or therapeutic services
for the public; (2) Any organization that is described and qualified under subsection 501(c)(3) of the Internal Revenue Code, that has been incorporated as a nonprofit corporation for at least five years, and that has continuously operated and will be operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated 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 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) 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; (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 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction. (OO)
"Suspend" means to interrupt
temporarily all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction. (PP)
"Distributor" means any person who purchases or obtains
bingo
supplies and who sells 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. (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) of the
Internal Revenue Code and is a charitable organization as defined
in 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 years. (DDD) "Chamber of commerce" means an organization of individuals, professionals, and businesses that has the purpose to advance the commercial, financial, industrial, and civic interests of the community and that 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)(6) of the Internal Revenue Code. (EEE) "Community action agency" has the same meaning as in section 122.66 of the Revised Code.
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 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. 2915.09. (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 reimbursement of expenses for or for
renting premises in which to conduct a bingo session,
for reimbursement of expenses for or for purchasing or leasing bingo
supplies
used in conducting
bingo,
for reimbursement of expenses for or for hiring
security
personnel,
for reimbursement of expenses for or for advertising
bingo, or for reimbursement of other expenses 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. Division (A)(6) of this section does not prohibit the sale of instant bingo tickets beginning at nine a.m. for a bingo session that begins at ten a.m.
If
circumstances
make it
impractical
for the
charitable organization 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 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. 2915.092. (A)
A (1) Subject to division (A)(2) of this section, a charitable organization, a public school, a chartered nonpublic school, a community school, or a veteran's organization, fraternal organization, or 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.
(2) If a charitable organization that is described in division (A)(1) of this section, but that is not also described in subsection 501(c)(3) of the Internal Revenue Code, conducts a raffle, the charitable organization shall distribute at least fifty per cent of the net profit from the raffle to a charitable purpose described in division (Z) of section 2915.01 of the Revised Code or to a department or agency of the federal government, the state, or any political subdivision. (B) A chamber of commerce may conduct not more than one raffle per year to raise money for the chamber of commerce. (C) Except as provided in division (A) or (B) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit. (C)(D) Whoever violates division (B)(C) of this
section is
guilty
of illegal conduct of a raffle. Except as
otherwise
provided in
this
division, illegal conduct of a raffle
is a
misdemeanor of the
first degree.
If the offender previously
has
been convicted of a
violation of division
(B)(C) of
this
section, illegal conduct of a
raffle is a felony of the
fifth
degree.
Sec. 2915.093. (A) As used in this section, "retail income
from all commercial activity" includes means the income that a person receives from the provision of goods, services, or activities that are provided at the location where instant bingo other than at a bingo session is conducted, including the sale of instant bingo
tickets. A religious organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, at not more than one location at which it conducts its charitable programs, may include donations from its members and guests as retail income.
(B) A charitable instant bingo organization may conduct
instant bingo other than at a bingo session at not more than five
separate locations. (C)(1) If a charitable instant bingo organization conducts
instant bingo other than at a bingo session, the charitable
instant bingo organization shall enter into a written contract
with the owner or lessor of the location at which the instant
bingo is conducted to allow the owner or lessor to assist in the
conduct of instant bingo other than at a bingo session, identify
each location where the instant bingo other than at a bingo
session is being conducted, and identify the owner or lessor of
each location. (2) A charitable instant bingo organization that conducts instant bingo other than at a bingo session is not required to enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted, provided that the owner or lessor is not assisting in the conduct of the instant bingo other than at a bingo session and provided that the conduct of the instant bingo other than at a bingo session at that location is not more than five days per calendar year and not more than ten hours per day. (D) Except as provided in division (G) of this section, no charitable instant bingo organization shall conduct
instant bingo other than at a bingo session at a location where
the primary source of retail income from all commercial activity
at that location is the sale of instant bingo tickets.
(E) The owner or lessor of a location that enters into a
contract pursuant to division (C) of this section shall pay up
front for the cost of the deal of instant bingo tickets and the full
gross profits that would be earned by the owner or lessor if all
of the profit to the charitable instant bingo organization, in return for the deal of instant bingo tickets are sold. The owner or lessor may
retain the money that the owner or lessor receives for selling the
instant bingo tickets up to the amount that it paid to the
charitable instant bingo organization. If the owner or lessor of
the location earns any more money than the owner or lessor paid
out in prizes or paid up front, the owner or lessor of the
location shall pay that money to the charitable instant bingo
organization., provided, however, that after the deal has been sold, the owner or lessor shall pay to the charitable instant bingo organization the value of any unredeemed instant bingo prizes remaining in the deal of instant bingo tickets. As used in this division, "full gross profit" means the amount by which the total receipts of all instant bingo tickets, if the deal had been sold in full, exceeds the amount that would be paid out if all prizes were redeemed.
(F) A charitable instant bingo organization shall provide
the attorney general with all of the following information:
(1) That the charitable instant bingo organization has
terminated a contract entered into pursuant to division (C) of
this section with an owner or lessor of a location;
(2) That the charitable instant bingo organization has
entered into a written contract pursuant to division (C) of this
section with a new owner or lessor of a location;
(3) That the charitable instant bingo organization is aware
of conduct by the owner or lessor of a location at which instant
bingo is conducted that is in violation of Chapter 2915. of the
Revised Code this chapter.
(G) Division (D) of this section does not apply to a volunteer firefighter's 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 conducts instant bingo other than at a bingo session on the premises where the organization conducts firefighter training, that has conducted instant bingo continuously for at least five years prior to the effective date of this amendment July 1, 2003, and that, during each of those five years, had gross receipts of at least one million five hundred thousand dollars.
Sec. 2915.101. Except as otherwise provided by law, a
charitable organization that conducts instant bingo shall
distribute the net profit from the proceeds of the sale of instant
bingo as follows:
(A)(1) If a veteran's organization, 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) For the first seventy-five thousand dollars, or a greater amount prescribed by the attorney general to adjust for changes in prices as measured by the consumer price index as defined in section 325.18 of the Revised Code, or less of net profit from the proceeds of the sale of instant bingo generated in a calendar year: (i) At least twenty-five per cent shall be distributed to an organization described in division (Z)(1) of section 2915.01 of the Revised Code or to a department or agency of the federal government, the state, or any political subdivision. (ii) Not more than seventy-five per cent may be deducted and retained by the organization for reimbursement of or for the organization's expenses, as defined in division (LL) of section 2915.01 of the Revised Code, in conducting the instant bingo game. (b) For any net profit from the proceeds of the sale of instant bingo of more than seventy-five thousand dollars or an adjusted amount generated in a calendar year: (i) A minimum of fifty per cent shall be distributed to an
organization
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision;. (b)(ii) Five per cent may be distributed for the
organization's own charitable purposes or to a community action agency.
(c)(iii) Forty-five per cent may be deducted and retained by the
organization for reimbursement of or for the organization's expenses, as defined in division (LL) of section 2915.01 of the Revised Code, 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)(a) and (c)(b) 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 described in division (Z)(1) of 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 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) 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
described in division (Z)(1) of section 2915.01 of
the Revised
Code or to a department or agency of the federal
government, the
state, or any political subdivision.
(C) Nothing in this section prohibits a veteran's organization, a fraternal organization, or a sporting organization from distributing any net profit from the proceeds of the sale of instant bingo to an organization that is described in subsection 501(c)(3) of the Internal Revenue Code when the organization that is described in subsection 501(c)(3) of the Internal Revenue Code is one that makes donations to other organizations and permits donors to advise or direct such donations so long as the donations comply with requirements established in or pursuant to subsection 501(c)(3) of the Internal Revenue Code.
Sec. 2915.13. (A) 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 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, provided that the sale does not begin earlier than ten a.m. and ends not later than two a.m.
(2) The 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 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 veteran's organization, fraternal organization, or 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 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 veteran's, fraternal, 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 veteran's organization, fraternal organization, or 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, that permit may be subject to suspension,
revocation, or cancellation if the veteran's organization,
fraternal organization, or sporting organization violates a provision of sections 2915.01 to
2915.13 of the Revised Code this chapter.
(2) No 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 veteran's organization, fraternal organization, or sporting organization shall
give all required proceeds earned from the conduct of instant
bingo to the organization with which the veteran's
organization, fraternal organization, or sporting organization has entered into a written
contract. (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, 2915.081, 2915.09, 2915.092, 2915.093, 2915.101, and 2915.13 of the Revised Code are hereby repealed. Section 3. (A) As used in this section:
(1) "Charitable organization," "veteran's organization," "fraternal organization," "bingo," "gross receipts," "charitable purpose," "instant bingo," "net profit," "net profit from the sale of instant bingo," and "sporting organization" have the same meanings as in section 2915.01 of the Revised Code, as amended by Sections 1 and 2 of this act.
(2) All references to section 2915.101 of the Revised Code, or to any division of that section, means that section or division as amended by Sections 1 and 2 of this act.
(B) If a charitable organization, as a prerequisite to or condition of obtaining a license for the conduct of bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, entered into a charitable settlement with the Attorney General on or after July 1, 2003, and before September 1, 2003, that was based on illegal gambling citations involving the charitable organization within the five years prior to June 30, 2003, if the charitable organization paid funds to the Attorney General, a charity, or a charitable cause pursuant to that charitable settlement, if some or all of the funds so paid were based on illegal gambling citations involving the charitable organization within the three years prior to June 30, 2001, and if the charitable organization obtained a license for the conduct of bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, all of the following apply:
(1) The Attorney General shall determine the amount of the funds paid by the charitable organization pursuant to the charitable settlement that was based on illegal gambling citations involving the charitable organization within the three years prior to June 30, 2001, and shall inform the charitable organization of the amount so determined.
(2) Upon determination of an amount under division (B)(1) of this section, one of the following applies:
(a) If the charitable organization conducts bingo other than instant bingo and does not conduct instant bingo, the Attorney General shall apply the amount determined under division (B)(1) of this section as if it were net profit derived from bingo toward a charitable purpose for which the charitable organization must use, or give, donate, or otherwise transfer, the net profit derived from the bingo, other than instant bingo, as described in division (A)(3) of section 2915.09 of the Revised Code; the charitable organization may subtract that amount so applied from the actual net profit the charitable organization derives from bingo in the twelve-month period ending October 31, 2004, and that, but for the operation of this section, it would be required to use, or give, donate, or otherwise transfer, toward a charitable purpose, as described in division (A)(3) of section 2915.09 of the Revised Code; and the charitable organization may use the amount of net profit it derives from bingo in the twelve-month period ending October 31, 2004, and that is subtracted from the actual net profit pursuant to this division for any other purpose for which the use of gross receipts from bingo is permitted under section 2915.09 of the Revised Code.
(b) If the charitable organization conducts instant bingo and does not conduct bingo other than instant bingo, the Attorney General shall apply the amount determined under division (B)(1) of this section as if it were net profit from the proceeds of the sale of instant bingo toward an organization or a department or agency of the federal government, the state, or a political subdivision to which the charitable organization must distribute a specified percentage of the net profit pursuant to division (A)(1)(a) or (b) of section 2915.101 of the Revised Code if the charitable organization is a veteran's organization, fraternal organization, or sporting organization or pursuant to division (B) of that section if the charitable organization is other than a veteran's organization, fraternal organization, or sporting organization; the charitable organization may subtract that amount so applied from the actual net profit the charitable organization makes from the proceeds of the sale of instant bingo in the twelve-month period ending October 31, 2004, and that, but for the operation of this section, it would be required to distribute to an organization or a department or agency of the federal government, the state, or a political subdivision pursuant to division (A)(1)(a) or (b) or (B) of section 2915.101 of the Revised Code, whichever is applicable; and the charitable organization may use the amount of net profit it makes from the proceeds of the sale of instant bingo in the twelve-month period ending October 31, 2004, and that is subtracted from the actual net profit pursuant to this division for any other purpose for which the use of gross receipts from instant bingo is permitted under section 2915.09 of the Revised Code.
(c) If the charitable organization conducts bingo other than instant bingo and also conducts instant bingo, initially, division (B)(2)(b) of this section shall be applied to the amount determined under division (B)(1) of this section; if, after application of division (B)(2)(b) of this section, some of the amount determined under division (B)(1) of this section has not been applied toward a charitable purpose in the manner described in division (B)(2)(b) of this section, division (B)(2)(a) of this section shall be applied to the remainder of the amount determined under division (B)(1) of this section.
(C) A charitable organization that, pursuant to division (B)(2) of this section, uses any amount of net profit it derives from bingo or instant bingo in the twelve-month period ending October 31, 2004, for any purpose for which the use of gross receipts from bingo or instant bingo is permitted under section 2915.09 of the Revised Code shall maintain for at least three years from the date of that use an itemized list of each use so made. The charitable organization shall keep the record at a place described in division (B) of section 2915.10 of the Revised Code and shall notify the Attorney General of the location at which the record is kept, and divisions (H) and (I) of that section apply regarding the record.
Section 4. 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.
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