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S. B. No. 263 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Niehaus, Goodman
A BILL
To amend sections 101.70, 102.02, 102.03, 109.572,
109.71, 109.77, 109.79, 121.60, 126.45, 1705.48,
3793.02, 4301.355, 4301.62, 4303.181, 4303.182,
4303.30, 5502.03, 5703.052, 5703.19, 5703.21,
5703.70, and 5747.02, and to enact sections
121.54, 3517.1015, 3769.081, 3772.01 to 3772.03,
3772.031, 3772.032, 3772.033, 3772.034, 3772.04,
3772.05, 3772.051, 3772.06, 3772.061, 3772.062,
3772.07 to 3772.09, 3772.091, 3772.10, 3772.11,
3772.111, 3772.112, 3772.12, 3772.121, 3772.13,
3772.131, 3772.14 to 3772.34, 3772.99, 3793.032,
5753.01 to 5753.06, 5753.061, and 5753.07 to
5753.10 of the Revised Code to create the Ohio
Casino Control Commission and related provisions
and to set forth casino gaming statutes under Ohio
Constitution, Article XV, Section 6(C).
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.70, 102.02, 102.03, 109.572,
109.71, 109.77, 109.79, 121.60, 126.45, 1705.48, 3793.02,
4301.355, 4301.62, 4303.181, 4303.182, 4303.30, 5502.03, 5703.052,
5703.19, 5703.21, 5703.70, and 5747.02 be amended and sections
121.54, 3517.1015, 3769.081, 3772.01, 3772.02, 3772.03, 3772.031,
3772.032, 3772.033, 3772.034, 3772.04, 3772.05, 3772.051, 3772.06,
3772.061, 3772.062, 3772.07, 3772.08, 3772.09, 3772.091, 3772.10,
3772.11, 3772.111, 3772.112, 3772.12, 3772.121, 3772.13, 3772.131,
3772.14, 3772.15, 3772.16, 3772.17, 3772.18, 3772.19, 3772.20,
3772.21, 3772.22, 3772.23, 3772.24, 3772.25, 3772.26, 3772.27,
3772.28, 3772.29, 3772.30, 3772.31, 3772.32, 3772.33, 3772.34,
3772.99, 3793.032, 5753.01, 5753.02, 5753.03, 5753.04, 5753.05,
5753.06, 5753.061, 5753.07, 5753.08, 5753.09, and 5753.10 of the
Revised Code be enacted to read as follows:
Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99
of the Revised Code:
(A) "Person" means any individual, partnership, trust,
estate, business trust, association, or corporation; any labor
organization or manufacturer association; any department,
commission, board, publicly supported college or university,
division, institution, bureau, or other instrumentality of the
state; or any county, township, municipal corporation, school
district, or other political subdivision of the state. "Person"
includes the Ohio casino control commission, a member of the
commission, the executive director of the commission, an employee
of the commission, and an agent of the commission.
(B) "Legislation" means bills, resolutions, amendments,
nominations, and any other matter pending before the general
assembly, any matter pending before the controlling board, or the
executive approval or veto of any bill acted upon by the general
assembly.
(C) "Compensation" means a salary, gift, payment, benefit,
subscription, loan, advance, reimbursement, or deposit of money or
anything of value; or a contract, promise, or agreement, whether
or not legally enforceable, to make compensation.
(D) "Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of any member
of the general assembly, any member of the controlling board, the
governor, the director of a department created under section
121.02 of the Revised Code, or any member of the staff of any
public officer or employee listed in this division:
(1) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to, food and beverages,
entertainment, lodging, or transportation;
(2) A contract, promise, or agreement to make an expenditure,
whether or not legally enforceable;
(3) The purchase, sale, or gift of services or any other
thing of value.
"Expenditure" does not include a contribution, gift, or grant to a
foundation or other charitable organization that is exempt from
federal income taxation under subsection 501(c)(3) of the Internal
Revenue Code. "Expenditure" does not include the purchase, sale,
or gift of services or any other thing of value that is available
to the general public on the same terms as it is available to the
persons listed in this division, or an offer or sale of securities
to any person listed in this division that is governed by
regulation D, 17 C.F.R. 2301.501 230.501 to 2301.508 230.508,
adopted under the authority of the "Securities Act of 1933," 48
Stat. 74, 15 U.S.C.A. and following, or that is governed by a
comparable provision under state law.
(E) "Actively advocate" means to promote, advocate, or oppose
the passage, modification, defeat, or executive approval or veto
of any legislation by direct communication with any member of the
general assembly, any member of the controlling board, the
governor, the director of any department listed in section 121.02
of the Revised Code, or any member of the staff of any public
officer or employee listed in this division. "Actively advocate"
does not include the action of any person not engaged by an
employer who has a direct interest in legislation if the person,
acting under Section 3 of Article I, Ohio Constitution, assembles
together with other persons to consult for their common good,
instructs a public officer or employee who is listed in this
division, or petitions that public officer or employee for the
redress of grievances.
(F) "Legislative agent" means any individual, except a member
of the general assembly, a member of the staff of the general
assembly, the governor, lieutenant governor, attorney general,
secretary of state, treasurer of state, or auditor of state, who
is engaged during at least a portion of his the individual's time
to actively advocate as one of his the individual's main purposes.
An individual engaged by the Ohio casino control commission, a
member of the commission, the executive director of the
commission, or an employee or agent of the commission to actively
advocate is a "legislative agent" even if the individual does not
during at least a portion of the individual's time actively
advocate as one of the individual's main purposes.
(G) "Employer" means any person who, directly or indirectly,
engages a legislative agent.
(H) "Engage" means to make any arrangement, and "engagement"
means any arrangement, whereby an individual is employed or
retained for compensation to act for or on behalf of an employer
to actively advocate.
(I) "Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the
joint ownership or the ownership or part ownership in common of
any real or personal property or any commercial or business
enterprise of whatever form or nature between the following:
(1) A legislative agent, his an employer of a legislative
agent, or a member of the immediate family of the legislative
agent or
his a legislative agent's employer; and
(2) Any member of the general assembly, any member of the
controlling board, the governor, the director of a department
created under section 121.02 of the Revised Code, or any member of
the staff of a public officer or employee listed in division
(I)(2) of this section.
"Financial transaction" does not include any transaction or
activity described in division (I) of this section if it is
available to the general public on the same terms, or if it is an
offer or sale of securities to any person listed in division
(I)(2) of this section that is governed by regulation D, 17 C.F.R.
2301.501 230.501 to 2301.508 230.508, adopted under the authority
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and
following, or that is governed by a comparable provision under
state law.
(J) "Staff" means any state employee whose official duties
are to formulate policy and who exercises administrative or
supervisory authority or who authorizes the expenditure of state
funds.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a candidate for a
state, county, or city office and every person who is appointed to
fill a vacancy for an unexpired term in such an elective office;
all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons
of equivalent rank of any administrative department of the state;
the president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; all members of the
Ohio casino control commission, the executive director of the
commission, all professional employees of the commission, and all
technical employees of the commission who perform an internal
audit function; the chief executive officer and the members of the
board of each state retirement system; each employee of a state
retirement board who is a state retirement system investment
officer licensed pursuant to section 1707.163 of the Revised Code;
the members of the Ohio retirement study council appointed
pursuant to division (C) of section 171.01 of the Revised Code;
employees of the Ohio retirement study council, other than
employees who perform purely administrative or clerical functions;
the administrator of workers' compensation and each member of the
bureau of workers' compensation board of directors; the bureau of
workers' compensation director of investments; the chief
investment officer of the bureau of workers' compensation; the
director appointed by the workers' compensation council; all
members of the board of commissioners on grievances and discipline
of the supreme court and the ethics commission created under
section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school district or an
educational service center; every person who is elected to or is a
candidate for the office of member of a board of education of a
city, local, exempted village, joint vocational, or cooperative
education school district or of a governing board of an
educational service center that has a total student count of
twelve thousand or more as most recently determined by the
department of education pursuant to section 3317.03 of the Revised
Code; every person who is appointed to the board of education of a
municipal school district pursuant to division (B) or (F) of
section 3311.71 of the Revised Code; all members of the board of
directors of a sanitary district that is established under Chapter
6115. of the Revised Code and organized wholly for the purpose of
providing a water supply for domestic, municipal, and public use,
and that includes two municipal corporations in two counties;
every public official or employee who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code; members of the board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation; all members
appointed to the Ohio livestock care standards board under section
904.02 of the Revised Code; and every other public official or
employee who is designated by the appropriate ethics commission
pursuant to division (B) of this section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under which
the person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section
and except as otherwise provided in section 102.022 of the Revised
Code, identification of every source of income, other than income
from a legislative agent identified in division (A)(2)(b) of this
section, received during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. If the person filing the statement is a member of the
general assembly, the statement shall identify the amount of every
source of income received in accordance with the following ranges
of amounts: zero or more, but less than one thousand dollars; one
thousand dollars or more, but less than ten thousand dollars; ten
thousand dollars or more, but less than twenty-five thousand
dollars; twenty-five thousand dollars or more, but less than fifty
thousand dollars; fifty thousand dollars or more, but less than
one hundred thousand dollars; and one hundred thousand dollars or
more. Division (A)(2)(a) of this section shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of that business or profession,
except for those individual items of income that are attributable
to the person's or, if the income is shared with the person, the
partner's, solicitation of services or goods or performance,
arrangement, or facilitation of services or provision of goods on
behalf of the business or profession of clients, including
corporate clients, who are legislative agents. A person who files
the statement under this section shall disclose the identity of
and the amount of income received from a person who the public
official or employee knows or has reason to know is doing or
seeking to do business of any kind with the public official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. Division (A)(2)(b) of this section requires the
disclosure of clients of attorneys or persons licensed under
section 4732.12 of the Revised Code, or patients of persons
certified under section 4731.14 of the Revised Code, if those
clients or patients are legislative agents. Division (A)(2)(b) of
this section requires a person filing the statement who derives
income from a business or profession to disclose those individual
items of income that constitute the gross income of that business
or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are required
not to reveal, disclose, or use confidences of clients, patients,
or other recipients of professional services except under
specified circumstances or generally are required to maintain
those types of confidences as privileged communications except
under specified circumstances. Division (A)(2)(a) of this section
does not require an attorney, physician, or other professional
subject to a confidentiality requirement as described in division
(A)(2)(c) of this section to disclose the name, other identity, or
address of a client, patient, or other recipient of professional
services if the disclosure would threaten the client, patient, or
other recipient of professional services, would reveal details of
the subject matter for which legal, medical, or professional
advice or other services were sought, or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as described
in division (A)(2)(c) of this section to disclose in the brief
description of the nature of services required by division
(A)(2)(a) of this section any information pertaining to specific
professional services rendered for a client, patient, or other
recipient of professional services that would reveal details of
the subject matter for which legal, medical, or professional
advice was sought or would reveal an otherwise privileged
communication involving the client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the secretary
of state that is incorporated in this state or holds a certificate
of compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts
business in this state in which the person filing the statement or
any other person for the person's use and benefit had during the
preceding calendar year an investment of over one thousand dollars
at fair market value as of the thirty-first day of December of the
preceding calendar year, or the date of disposition, whichever is
earlier, or in which the person holds any office or has a
fiduciary relationship, and a description of the nature of the
investment, office, or relationship. Division (A)(3) of this
section does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting business
in the state to whom the person filing the statement owes, in the
person's own name or in the name of any other person, more than
one thousand dollars. Division (A)(5) of this section shall not be
construed to require the disclosure of debts owed by the person
resulting from the ordinary conduct of a business or profession or
debts on the person's residence or real property used primarily
for personal recreation, except that the superintendent of
financial institutions shall disclose the names of all
state-chartered savings and loan associations and of all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other person
owes any money, and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject
to regulation under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business
in the state, other than a depository excluded under division
(A)(3) of this section, who owe more than one thousand dollars to
the person filing the statement, either in the person's own name
or to any person for the person's use or benefit. Division (A)(6)
of this section shall not be construed to require the disclosure
of clients of attorneys or persons licensed under section 4732.12
or 4732.15 of the Revised Code, or patients of persons certified
under section 4731.14 of the Revised Code, nor the disclosure of
debts owed to the person resulting from the ordinary conduct of a
business or profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any other person for
the person's use or benefit during the preceding calendar year,
except gifts received by will or by virtue of section 2105.06 of
the Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the person's
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official
duties, except for expenses for travel to meetings or conventions
of a national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of
the Revised Code, pays membership dues, or any political
subdivision or any office or agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or convention of a national or state organization to which
any state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public
official or employee described in division (B)(2) of section
101.73 of the Revised Code or division (B)(2) of section 121.63 of
the Revised Code who receives a statement from a legislative
agent, executive agency lobbyist, or employer that contains the
information described in division (F)(2) of section 101.73 of the
Revised Code or division (G)(2) of section 121.63 of the Revised
Code, all of the nondisputed information contained in the
statement delivered to that public official or employee by the
legislative agent, executive agency lobbyist, or employer under
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective office
shall file the statement no later than the thirtieth day before
the primary, special, or general election at which the candidacy
is to be voted on, whichever election occurs soonest, except that
a person who is a write-in candidate shall file the statement no
later than the twentieth day before the earliest election at which
the person's candidacy is to be voted on. A person who holds
elective office shall file the statement on or before the
fifteenth day of April of each year unless the person is a
candidate for office. A person who is appointed to fill a vacancy
for an unexpired term in an elective office shall file the
statement within fifteen days after the person qualifies for
office. Other persons shall file an annual statement on or before
the fifteenth day of April or, if appointed or employed after that
date, within ninety days after appointment or employment. No
person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.
The appropriate ethics commission, for good cause, may extend
for a reasonable time the deadline for filing a statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics
committee, and the board of commissioners on grievances and
discipline of the supreme court, using the rule-making procedures
of Chapter 119. of the Revised Code, may require any class of
public officials or employees under its jurisdiction and not
specifically excluded by this section whose positions involve a
substantial and material exercise of administrative discretion in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city, or
the execution of other public trusts, to file an annual statement
on or before the fifteenth day of April under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement by the
fifteenth day of February of each year the filing is required
unless the public official or employee is appointed after that
date, in which case the notice shall be sent within thirty days
after appointment, and the filing shall be made not later than
ninety days after appointment.
Except for disclosure statements filed by members of the
board of trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this division with the Ohio ethics
commission by members of boards, commissions, or bureaus of the
state for which no compensation is received other than reasonable
and necessary expenses shall be kept confidential. Disclosure
statements filed with the Ohio ethics commission under division
(A) of this section by business managers, treasurers, and
superintendents of city, local, exempted village, joint
vocational, or cooperative education school districts or
educational service centers shall be kept confidential, except
that any person conducting an audit of any such school district or
educational service center pursuant to section 115.56 or Chapter
117. of the Revised Code may examine the disclosure statement of
any business manager, treasurer, or superintendent of that school
district or educational service center. The Ohio ethics commission
shall examine each disclosure statement required to be kept
confidential to determine whether a potential conflict of interest
exists for the person who filed the disclosure statement. A
potential conflict of interest exists if the private interests of
the person, as indicated by the person's disclosure statement,
might interfere with the public interests the person is required
to serve in the exercise of the person's authority and duties in
the person's office or position of employment. If the commission
determines that a potential conflict of interest exists, it shall
notify the person who filed the disclosure statement and shall
make the portions of the disclosure statement that indicate a
potential conflict of interest subject to public inspection in the
same manner as is provided for other disclosure statements. Any
portion of the disclosure statement that the commission determines
does not indicate a potential conflict of interest shall be kept
confidential by the commission and shall not be made subject to
public inspection, except as is necessary for the enforcement of
Chapters 102. and 2921. of the Revised Code and except as
otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this
section, the statement required by division (A) or (B) of this
section shall be accompanied by a filing fee of forty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the
person who is elected or appointed to, or is a candidate for, any
of the following offices:
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For state office, except member of the |
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state board of education |
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$65 |
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For office of member of general assembly |
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$40 |
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For county office |
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$40 |
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For city office |
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$25 |
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For office of member of the state board |
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of education |
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$25 |
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For office of member of the Ohio |
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livestock care standards board |
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$25 |
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For office of member of a city, local, |
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exempted village, or cooperative |
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education board of |
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education or educational service |
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center governing board |
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$20 |
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For position of business manager, |
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treasurer, or superintendent of a |
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city, local, exempted village, joint |
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vocational, or cooperative education |
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school district or |
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educational service center |
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$20 |
(3) No judge of a court of record or candidate for judge of a
court of record, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective
office of the state and for any employee who holds a nonelective
position in a public agency of the state, the state agency that is
the primary employer of the state official or employee shall pay
the fee required under division (E)(1) or (F) of this section.
(F) If a statement required to be filed under this section is
not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day
the statement is not filed, except that the total amount of the
late filing fee shall not exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio
ethics commission and the joint legislative ethics committee shall
deposit all fees it receives under divisions (E) and (F) of this
section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but not limited to, fees it receives under divisions
(E) and (F) of this section and all moneys it receives from
settlements under division (G) of section 102.06 of the Revised
Code, into the Ohio ethics commission fund, which is hereby
created in the state treasury. All moneys credited to the fund
shall be used solely for expenses related to the operation and
statutory functions of the commission.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E) and (F) of this section
into the joint legislative ethics committee investigative fund.
(H) Division (A) of this section does not apply to a person
elected or appointed to the office of precinct, ward, or district
committee member under Chapter 3517. of the Revised Code; a
presidential elector; a delegate to a national convention; village
or township officials and employees; any physician or psychiatrist
who is paid a salary or wage in accordance with schedule C of
section 124.15 or schedule E-2 of section 124.152 of the Revised
Code and whose primary duties do not require the exercise of
administrative discretion; or any member of a board, commission,
or bureau of any county or city who receives less than one
thousand dollars per year for serving in that position.
(I) A member of the Ohio casino control commission, the
executive director of the commission, or an employee of the
commission shall not:
(1) Accept a gift, gratuity, emolument, or employment from a
casino operator, management company, or other person subject to
the jurisdiction of the commission, or from an officer, attorney,
agent, or employee of a casino operator, management company, or
other person subject to the jurisdiction of the commission;
(2) Solicit, suggest, request, or recommend, directly or
indirectly, to a casino operator, management company, or other
person who is subject to the jurisdiction of the commission, or to
an officer, attorney, agent, or employee of a casino operator,
management company, or other person who is subject to the
jurisdiction of the commission, the appointment of a person to an
office, place, position, or employment;
(3) Participate in casino gaming or any other amusement or
activity at a casino facility in this state or at an affiliate
gaming facility of a licensed casino operator, wherever located.
Whoever violates division (I)(1), (2), or (3) of this section
forfeits the individual's office or employment.
Sec. 102.03. (A)(1) No present or former public official or
employee shall, during public employment or service or for twelve
months thereafter, represent a client or act in a representative
capacity for any person on any matter in which the public official
or employee personally participated as a public official or
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or other substantial
exercise of administrative discretion.
(2) For twenty-four months after the conclusion of service,
no former commissioner or attorney examiner of the public
utilities commission shall represent a public utility, as defined
in section 4905.02 of the Revised Code, or act in a representative
capacity on behalf of such a utility before any state board,
commission, or agency.
(3) For twenty-four months after the conclusion of employment
or service, no former public official or employee who personally
participated as a public official or employee through decision,
approval, disapproval, recommendation, the rendering of advice,
the development or adoption of solid waste management plans,
investigation, inspection, or other substantial exercise of
administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or operator
of a facility, as defined in section 3734.01 of the Revised Code,
or who is an applicant for a permit or license for a facility
under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee.
(4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee of
the general assembly, or the controlling board. Division (A)(4) of
this section does not apply to or affect a person who separates
from service with the general assembly on or before December 31,
1995. As used in division (A)(4) of this section "person" does not
include any state agency or political subdivision of the state.
(5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions, or
constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person.
(6) Nothing contained in division (A) of this section shall
prohibit, during such period, a former public official or employee
from being retained or employed to represent, assist, or act in a
representative capacity for the public agency by which the public
official or employee was employed or on which the public official
or employee served.
(7) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents.
(8) No present or former Ohio casino control commission
official shall, during public service or for twelve months
thereafter, represent a client, be employed or hired by a person
regulated by the commission, or act in a representative capacity
for any person on any matter before or concerning the commission.
No present or former commission employee shall, during public
employment or for twelve months thereafter, represent a client or
act in a representative capacity on any matter in which the
employee personally participated as a commission employee through
decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or other substantial exercise of
administrative discretion.
(B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties that
is confidential because of statutory provisions, or that has been
clearly designated to the public official or employee as
confidential when that confidential designation is warranted
because of the status of the proceedings or the circumstances
under which the information was received and preserving its
confidentiality is necessary to the proper conduct of government
business.
(C) No public official or employee shall participate within
the scope of duties as a public official or employee, except
through ministerial functions as defined in division (A) of this
section, in any license or rate-making proceeding that directly
affects the license or rates of any person, partnership, trust,
business trust, corporation, or association in which the public
official or employee or immediate family owns or controls more
than five per cent. No public official or employee shall
participate within the scope of duties as a public official or
employee, except through ministerial functions as defined in
division (A) of this section, in any license or rate-making
proceeding that directly affects the license or rates of any
person to whom the public official or employee or immediate
family, or a partnership, trust, business trust, corporation, or
association of which the public official or employee or the public
official's or employee's immediate family owns or controls more
than five per cent, has sold goods or services totaling more than
one thousand dollars during the preceding year, unless the public
official or employee has filed a written statement acknowledging
that sale with the clerk or secretary of the public agency and the
statement is entered in any public record of the agency's
proceedings. This division shall not be construed to require the
disclosure of clients of attorneys or persons licensed under
section 4732.12 or 4732.15 of the Revised Code, or patients of
persons certified under section 4731.14 of the Revised Code.
(D) No public official or employee shall use or authorize the
use of the authority or influence of office or employment to
secure anything of value or the promise or offer of anything of
value that is of such a character as to manifest a substantial and
improper influence upon the public official or employee with
respect to that person's duties.
(E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or
employee with respect to that person's duties.
(F) No person shall promise or give to a public official or
employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public
official or employee with respect to that person's duties.
(G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a
campaign committee, political party, legislative campaign fund,
political action committee, or political contributing entity on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section.
As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund,"
"political action committee," and "political contributing entity"
have the same meanings as in section 3517.01 of the Revised Code.
(H)(1) No public official or employee, except for the
president or other chief administrative officer of or a member of
a board of trustees of a state institution of higher education as
defined in section 3345.011 of the Revised Code, who is required
to file a financial disclosure statement under section 102.02 of
the Revised Code shall solicit or accept, and no person shall give
to that public official or employee, an honorarium. Except as
provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not prohibit a
public official or employee who is required to file a financial
disclosure statement under section 102.02 of the Revised Code from
accepting and do not prohibit a person from giving to that public
official or employee the payment of actual travel expenses,
including any expenses incurred in connection with the travel for
lodging, and meals, food, and beverages provided to the public
official or employee at a meeting at which the public official or
employee participates in a panel, seminar, or speaking engagement
or provided to the public official or employee at a meeting or
convention of a national organization to which any state agency,
including, but not limited to, any state legislative agency or
state institution of higher education as defined in section
3345.011 of the Revised Code, pays membership dues. Except as
provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not prohibit a
public official or employee who is not required to file a
financial disclosure statement under section 102.02 of the Revised
Code from accepting and do not prohibit a person from promising or
giving to that public official or employee an honorarium or the
payment of travel, meal, and lodging expenses if the honorarium,
expenses, or both were paid in recognition of demonstrable
business, professional, or esthetic interests of the public
official or employee that exist apart from public office or
employment, including, but not limited to, such a demonstrable
interest in public speaking and were not paid by any person or
other entity, or by any representative or association of those
persons or entities, that is regulated by, doing business with, or
seeking to do business with the department, division, institution,
board, commission, authority, bureau, or other instrumentality of
the governmental entity with which the public official or employee
serves.
(2) No person who is a member of the board of a state
retirement system, a state retirement system investment officer,
or an employee of a state retirement system whose position
involves substantial and material exercise of discretion in the
investment of retirement system funds shall solicit or accept, and
no person shall give to that board member, officer, or employee,
payment of actual travel expenses, including expenses incurred
with the travel for lodging, meals, food, and beverages.
(I) A public official or employee may accept travel, meals,
and lodging or expenses or reimbursement of expenses for travel,
meals, and lodging in connection with conferences, seminars, and
similar events related to official duties if the travel, meals,
and lodging, expenses, or reimbursement is not of such a character
as to manifest a substantial and improper influence upon the
public official or employee with respect to that person's duties.
The house of representatives and senate, in their code of ethics,
and the Ohio ethics commission, under section 111.15 of the
Revised Code, may adopt rules setting standards and conditions for
the furnishing and acceptance of such travel, meals, and lodging,
expenses, or reimbursement.
A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers and
employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code.
(J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to that
person's duties. As used in this division, "organization" means a
church or a religious, benevolent, fraternal, or professional
organization that is tax exempt under subsection 501(a) and
described in subsection 501(c)(3), (4), (8), (10), or (19) of the
"Internal Revenue Code of 1986." This division does not apply to a
public official or employee who is an employee of an organization,
serves as a trustee, director, or officer of an organization, or
otherwise holds a fiduciary relationship with an organization.
This division does not allow a public official or employee who is
a member of an organization to participate, formally or
informally, in deliberations, discussions, or voting on a matter
or to use his official position with regard to the interests of
the organization on the matter if the public official or employee
has assumed a particular responsibility in the organization with
respect to the matter or if the matter would affect that person's
personal, pecuniary interests.
(K) It is not a violation of this section for a prosecuting
attorney to appoint assistants and employees in accordance with
division (B) of section 309.06 and section 2921.421 of the Revised
Code, for a chief legal officer of a municipal corporation or an
official designated as prosecutor in a municipal corporation to
appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to
appoint assistants and employees in accordance with sections
504.151 and 2921.421 of the Revised Code, or for a coroner to
appoint assistants and employees in accordance with division (B)
of section 313.05 of the Revised Code.
As used in this division, "chief legal officer" has the same
meaning as in section 733.621 of the Revised Code.
(L) No present public official or employee with a casino
gaming regulatory function shall indirectly invest, by way of an
entity the public official or employee has an ownership interest
or control in, or directly invest in a casino operator, management
company, holding company, casino facility, or gaming-related
vendor. No present public official or employee with a casino
gaming regulatory function shall directly or indirectly have a
financial interest in, have an ownership interest in, be the
creditor or hold a debt instrument issued by, or have an interest
in a contractual or service relationship with a casino operator,
management company, holding company, casino facility, or
gaming-related vendor. This section does not prohibit or limit
permitted passive investing by the public official or employee.
As used in this division, "passive investing" means
investment by the public official or employee by means of a mutual
fund or blind trust in which the public official or employee has
no control of the investments or investment decisions. "Casino
operator," "holding company," "management company," "casino
facility," and "gaming-related vendor" have the same meanings as
in section 3772.01 of the Revised Code.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of developmental disabilities,
pursuant to section 5126.28 of the Revised Code with respect to an
applicant for employment in any position with a county board of
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or has
been found eligible for intervention in lieu of conviction for any
of the following, regardless of the date of the conviction, the
date of entry of the guilty plea, or the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or from an individual under section 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by
a completed form prescribed under division (C)(1) of this section
and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent
of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request has been convicted of or pleaded guilty to any criminal
offense in this state or any other state. The superintendent shall
send the results of a check requested under section 113.041 of the
Revised Code to the treasurer of state and shall send the results
of a check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(16) Not later than thirty days after the date the
superintendent receives a request of a type described in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
or (14), or (15) of this section, the completed form, and the
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of
this section, as appropriate. The superintendent shall send the
person, board, or entity that made the request a copy of the list
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,
as appropriate. If the request was made under section 3701.881 of
the Revised Code with regard to an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult, the
superintendent shall provide a list of the offenses specified in
divisions (A)(4) and (6) of this section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or
5153.111 of the Revised Code, any relevant information contained
in records that have been sealed under section 2953.32 of the
Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be reviewed any information the
superintendent receives from that bureau. If a request under
section 3319.39 of the Revised Code asks only for information from
the federal bureau of investigation, the superintendent shall not
conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by section 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07,
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code. The form that the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08, 173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08,
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code. Any person for whom a
records check is requested under or required by any of those
sections shall obtain the fingerprint impressions at a county
sheriff's office, municipal police department, or any other entity
with the ability to make fingerprint impressions on the standard
impression sheets prescribed by the superintendent. The office,
department, or entity may charge the person a reasonable fee for
making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The
person making a criminal records request under any of those
sections shall pay the fee prescribed pursuant to this division. A
person making a request under section 3701.881 of the Revised Code
for a criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult shall pay one
fee for the request. In the case of a request under section
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032
of the Revised Code, the fee shall be paid in the manner specified
in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or
(A)(15) of this section, or that indicates that a person
previously has been convicted of or pleaded guilty to any criminal
offense in this state or any other state regarding a criminal
records check of a type described in division (A)(13) of this
section, and that is made by the superintendent with respect to
information considered in a criminal records check in accordance
with this section is valid for the person who is the subject of
the criminal records check for a period of one year from the date
upon which the superintendent makes the determination. During the
period in which the determination in regard to a person is valid,
if another request under this section is made for a criminal
records check for that person, the superintendent shall provide
the information that is the basis for the superintendent's initial
determination at a lower fee than the fee prescribed for the
initial criminal records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as follows:
one member representing the public; two members who are incumbent
sheriffs; two members who are incumbent chiefs of police; one
member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of the
federal bureau of investigation in this state; and one member from
the department of education, trade and industrial education
services, law enforcement training.
This section does not confer any arrest authority or any
ability or authority to detain a person, write or issue any
citation, or provide any disposition alternative, as granted under
Chapter 2935. of the Revised Code.
As used in sections 109.71 to 109.801 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of the
organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D) of
section 3735.31 of the Revised Code, or township constable, who is
commissioned and employed as a peace officer by a political
subdivision of this state or by a metropolitan housing authority,
and whose primary duties are to preserve the peace, to protect
life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any of those laws, ordinances, resolutions,
or regulations;
(2) A police officer who is employed by a railroad company
and appointed and commissioned by the secretary of state pursuant
to sections 4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code and designated by
the tax commissioner for peace officer training for purposes of
the delegation of investigation powers under section 5743.45 of
the Revised Code;
(4) An undercover drug agent;
(5) Enforcement agents of the department of public safety
whom the director of public safety designates under section
5502.14 of the Revised Code;
(6) An employee of the department of natural resources who is
a natural resources law enforcement staff officer designated
pursuant to section 1501.013, a park officer designated pursuant
to section 1541.10, a forest officer designated pursuant to
section 1503.29, a preserve officer designated pursuant to section
1517.10, a wildlife officer designated pursuant to section
1531.13, or a state watercraft officer designated pursuant to
section 1547.521 of the Revised Code;
(7) An employee of a park district who is designated pursuant
to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is designated
pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
secretary of state pursuant to sections 4973.17 to 4973.22 of the
Revised Code;
(10) Veterans' homes police officers designated under section
5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a
state university law enforcement officer on a permanent basis on
June 19, 1978, who has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting
to the person's satisfactory completion of an approved state,
county, municipal, or department of natural resources peace
officer basic training program;
(13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of developmental disabilities pursuant to section
5123.13 of the Revised Code;
(14) A member of a campus police department appointed under
section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the
Revised Code;
(16) Investigators appointed by the auditor of state pursuant
to section 117.091 of the Revised Code and engaged in the
enforcement of Chapter 117. of the Revised Code;
(17) A special police officer designated by the
superintendent of the state highway patrol pursuant to section
5503.09 of the Revised Code or a person who was serving as a
special police officer pursuant to that section on a permanent
basis on October 21, 1997, and who has been awarded a certificate
by the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of an
approved state, county, municipal, or department of natural
resources peace officer basic training program;
(18) A special police officer employed by a port authority
under section 4582.04 or 4582.28 of the Revised Code or a person
serving as a special police officer employed by a port authority
on a permanent basis on May 17, 2000, who has been awarded a
certificate by the executive director of the Ohio peace officer
training commission attesting to the person's satisfactory
completion of an approved state, county, municipal, or department
of natural resources peace officer basic training program;
(19) A special police officer employed by a municipal
corporation who has been awarded a certificate by the executive
director of the Ohio peace officer training commission for
satisfactory completion of an approved peace officer basic
training program and who is employed on a permanent basis on or
after March 19, 2003, at a municipal airport, or other municipal
air navigation facility, that has scheduled operations, as defined
in section 119.3 of Title 14 of the Code of Federal Regulations,
14 C.F.R. 119.3, as amended, and that is required to be under a
security program and is governed by aviation security rules of the
transportation security administration of the United States
department of transportation as provided in Parts 1542. and 1544.
of Title 49 of the Code of Federal Regulations, as amended;
(20) A police officer who is employed by an owner or operator
of an amusement park that has an average yearly attendance in
excess of six hundred thousand guests and that employs and
maintains its own proprietary police department or security
department, and who is appointed and commissioned by a judge of
the appropriate municipal court or county court pursuant to
section 4973.17 of the Revised Code;
(21) A police officer who is employed by a bank, savings and
loan association, savings bank, credit union, or association of
banks, savings and loan associations, savings banks, or credit
unions, who has been appointed and commissioned by the secretary
of state pursuant to sections 4973.17 to 4973.22 of the Revised
Code, and who has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting
to the person's satisfactory completion of a state, county,
municipal, or department of natural resources peace officer basic
training program;
(22) An investigator, as defined in section 109.541 of the
Revised Code, of the bureau of criminal identification and
investigation who is commissioned by the superintendent of the
bureau as a special agent for the purpose of assisting law
enforcement officers or providing emergency assistance to peace
officers pursuant to authority granted under that section;
(23) A state fire marshal law enforcement officer appointed
under section 3737.22 of the Revised Code or a person serving as a
state fire marshal law enforcement officer on a permanent basis on
or after July 1, 1982, who has been awarded a certificate by the
executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
state, county, municipal, or department of natural resources peace
officer basic training program;
(24) A gaming agent employed under section 3772.03 of the
Revised Code.
(B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the use
of interpersonal and communication skills to most effectively and
sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 109.77. (A) As used in this section, "felony" has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special, or local law or
charter to the contrary, and except as otherwise provided in this
section, no person shall receive an original appointment on a
permanent basis as any of the following unless the person
previously has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting
to the person's satisfactory completion of an approved state,
county, municipal, or department of natural resources peace
officer basic training program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources;
(c) An employee of a park district under section 511.232 or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is designated
pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of developmental disabilities pursuant to section
5123.13 of the Revised Code;
(g) An enforcement agent of the department of public safety
whom the director of public safety designates under section
5502.14 of the Revised Code;
(h) A special police officer employed by a port authority
under section 4582.04 or 4582.28 of the Revised Code;
(i) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, that has scheduled operations, as defined in
section 119.3 of Title 14 of the Code of Federal Regulations, 14
C.F.R. 119.3, as amended, and that is required to be under a
security program and is governed by aviation security rules of the
transportation security administration of the United States
department of transportation as provided in Parts 1542. and 1544.
of Title 49 of the Code of Federal Regulations, as amended;
(j) A gaming agent employed under section 3772.03 of the
Revised Code.
(2) Every person who is appointed on a temporary basis or for
a probationary term or on other than a permanent basis as any of
the following shall forfeit the appointed position unless the
person previously has completed satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources peace
officer basic training program for temporary or probationary
officers and is awarded a certificate by the director attesting to
the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources;
(c) An employee of a park district under section 511.232 or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is designated
pursuant to section 6101.75 of the Revised Code;
(e) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of developmental disabilities pursuant to section
5123.13 of the Revised Code;
(f) An enforcement agent of the department of public safety
whom the director of public safety designates under section
5502.14 of the Revised Code;
(g) A special police officer employed by a port authority
under section 4582.04 or 4582.28 of the Revised Code;
(h) A special police officer employed by a municipal
corporation at a municipal airport, or other municipal air
navigation facility, that has scheduled operations, as defined in
section 119.3 of Title 14 of the Code of Federal Regulations, 14
C.F.R. 119.3, as amended, and that is required to be under a
security program and is governed by aviation security rules of the
transportation security administration of the United States
department of transportation as provided in Parts 1542. and 1544.
of Title 49 of the Code of Federal Regulations, as amended.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include training in the handling of the offense of domestic
violence, other types of domestic violence-related offenses and
incidents, and protection orders and consent agreements issued or
approved under section 2919.26 or 3113.31 of the Revised Code and
crisis intervention training. The requirement to complete training
in the handling of the offense of domestic violence, other types
of domestic violence-related offenses and incidents, and
protection orders and consent agreements issued or approved under
section 2919.26 or 3113.31 of the Revised Code does not apply to
any person serving as a peace officer on March 27, 1979, and the
requirement to complete training in crisis intervention does not
apply to any person serving as a peace officer on April 4, 1985.
Any person who is serving as a peace officer on April 4, 1985, who
terminates that employment after that date, and who subsequently
is hired as a peace officer by the same or another law enforcement
agency shall complete training in crisis intervention as
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated
with intent to circumvent this section.
(4) Division (B) of this section does not apply to any person
serving on a permanent basis on March 28, 1985, as a park officer,
forest officer, preserve officer, wildlife officer, or state
watercraft officer of the department of natural resources or as an
employee of a park district under section 511.232 or 1545.13 of
the Revised Code, to any person serving on a permanent basis on
March 6, 1986, as an employee of a conservancy district designated
pursuant to section 6101.75 of the Revised Code, to any person
serving on a permanent basis on January 10, 1991, as a preserve
officer of the department of natural resources, to any person
employed on a permanent basis on July 2, 1992, as a special police
officer by the department of mental health pursuant to section
5119.14 of the Revised Code or by the department of developmental
disabilities pursuant to section 5123.13 of the Revised Code, to
any person serving on a permanent basis on May 17, 2000, as a
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, to any person serving on a
permanent basis on March 19, 2003, as a special police officer
employed by a municipal corporation at a municipal airport or
other municipal air navigation facility described in division
(A)(19) of section 109.71 of the Revised Code, to any person
serving on a permanent basis on June 19, 1978, as a state
university law enforcement officer pursuant to section 3345.04 of
the Revised Code and who, immediately prior to June 19, 1978, was
serving as a special police officer designated under authority of
that section, or to any person serving on a permanent basis on
September 20, 1984, as a liquor control investigator, known after
June 30, 1999, as an enforcement agent of the department of public
safety, engaged in the enforcement of Chapters 4301. and 4303. of
the Revised Code.
(5) Division (B) of this section does not apply to any person
who is appointed as a regional transit authority police officer
pursuant to division (Y) of section 306.35 of the Revised Code if,
on or before July 1, 1996, the person has completed satisfactorily
an approved state, county, municipal, or department of natural
resources peace officer basic training program and has been
awarded a certificate by the executive director of the Ohio peace
officer training commission attesting to the person's satisfactory
completion of such an approved program and if, on July 1, 1996,
the person is performing peace officer functions for a regional
transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as a veterans' home
police officer designated under section 5907.02 of the Revised
Code unless the person previously has been awarded a certificate
by the executive director of the Ohio peace officer training
commission attesting to the person's satisfactory completion of an
approved police officer basic training program. Every person who
is appointed on a temporary basis or for a probationary term or on
other than a permanent basis as a veterans' home police officer
designated under section 5907.02 of the Revised Code shall forfeit
that position unless the person previously has completed
satisfactorily or, within one year from the time of appointment,
satisfactorily completes an approved police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of this
state and no criminal investigator who is employed by the state
public defender shall carry a firearm, as defined in section
2923.11 of the Revised Code, while on duty unless the bailiff,
deputy bailiff, or criminal investigator has done or received one
of the following:
(1) Has been awarded a certificate by the executive director
of the Ohio peace officer training commission, which certificate
attests to satisfactory completion of an approved state, county,
or municipal basic training program for bailiffs and deputy
bailiffs of courts of record and for criminal investigators
employed by the state public defender that has been recommended by
the Ohio peace officer training commission;
(2) Has successfully completed a firearms training program
approved by the Ohio peace officer training commission prior to
employment as a bailiff, deputy bailiff, or criminal investigator;
(3) Prior to June 6, 1986, was authorized to carry a firearm
by the court that employed the bailiff or deputy bailiff or, in
the case of a criminal investigator, by the state public defender
and has received training in the use of firearms that the Ohio
peace officer training commission determines is equivalent to the
training that otherwise is required by division (D) of this
section.
(E)(1) Before a person seeking a certificate completes an
approved peace officer basic training program, the executive
director of the Ohio peace officer training commission shall
request the person to disclose, and the person shall disclose, any
previous criminal conviction of or plea of guilty of that person
to a felony.
(2) Before a person seeking a certificate completes an
approved peace officer basic training program, the executive
director shall request a criminal history records check on the
person. The executive director shall submit the person's
fingerprints to the bureau of criminal identification and
investigation, which shall submit the fingerprints to the federal
bureau of investigation for a national criminal history records
check.
Upon receipt of the executive director's request, the bureau
of criminal identification and investigation and the federal
bureau of investigation shall conduct a criminal history records
check on the person and, upon completion of the check, shall
provide a copy of the criminal history records check to the
executive director. The executive director shall not award any
certificate prescribed in this section unless the executive
director has received a copy of the criminal history records check
on the person to whom the certificate is to be awarded.
(3) The executive director of the commission shall not award
a certificate prescribed in this section to a person who has been
convicted of or has pleaded guilty to a felony or who fails to
disclose any previous criminal conviction of or plea of guilty to
a felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke the
certificate awarded to a person as prescribed in this section, and
that person shall forfeit all of the benefits derived from being
certified as a peace officer under this section, if the person,
before completion of an approved peace officer basic training
program, failed to disclose any previous criminal conviction of or
plea of guilty to a felony as required under division (E)(1) of
this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to,
on, or after October 16, 1996, the executive director of the Ohio
peace officer training commission shall revoke any certificate
that has been awarded to a person as prescribed in this section if
the person does either of the following:
(a) Pleads guilty to a felony committed on or after January
1, 1997;
(b) Pleads guilty to a misdemeanor committed on or after
January 1, 1997, pursuant to a negotiated plea agreement as
provided in division (D) of section 2929.43 of the Revised Code in
which the person agrees to surrender the certificate awarded to
the person under this section.
(2) The executive director of the commission shall suspend
any certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a felony
committed on or after January 1, 1997. The executive director
shall suspend the certificate pursuant to division (F)(2) of this
section pending the outcome of an appeal by the person from that
conviction to the highest court to which the appeal is taken or
until the expiration of the period in which an appeal is required
to be filed. If the person files an appeal that results in that
person's acquittal of the felony or conviction of a misdemeanor,
or in the dismissal of the felony charge against that person, the
executive director shall reinstate the certificate awarded to the
person under this section. If the person files an appeal from that
person's conviction of the felony and the conviction is upheld by
the highest court to which the appeal is taken or if the person
does not file a timely appeal, the executive director shall revoke
the certificate awarded to the person under this section.
(G)(1) If a person is awarded a certificate under this
section and the certificate is revoked pursuant to division (E)(4)
or (F) of this section, the person shall not be eligible to
receive, at any time, a certificate attesting to the person's
satisfactory completion of a peace officer basic training program.
(2) The revocation or suspension of a certificate under
division (E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on January
1, 1966, and who has completed at least sixteen years of full-time
active service as such a peace officer, or equivalent service as
determined by the executive director of the Ohio peace officer
training commission, may receive an original appointment on a
permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment on
a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in
the handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the
time prescribed by rules adopted by the attorney general pursuant
to section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal basic
training program for bailiffs and deputy bailiffs of courts of
record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that the
peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the police
department of a municipal corporation in an adjoining state
serving in this state under a contract pursuant to section 737.04
of the Revised Code.
Sec. 109.79. (A) The Ohio peace officer training commission
shall establish and conduct a training school for law enforcement
officers of any political subdivision of the state or of the state
public defender's office. The school shall be known as the Ohio
peace officer training academy. No bailiff or deputy bailiff of a
court of record of this state and no criminal investigator
employed by the state public defender shall be permitted to attend
the academy for training unless the employing court of the bailiff
or deputy bailiff or the state public defender, whichever is
applicable, has authorized the bailiff, deputy bailiff, or
investigator to attend the academy.
The Ohio peace officer training commission shall develop the
training program, which shall include courses in both the civil
and criminal functions of law enforcement officers, a course in
crisis intervention with six or more hours of training, and
training in the handling of missing children and child abuse and
neglect cases, and shall establish rules governing qualifications
for admission to the academy. The commission may require
competitive examinations to determine fitness of prospective
trainees, so long as the examinations or other criteria for
admission to the academy are consistent with the provisions of
Chapter 124. of the Revised Code.
The Ohio peace officer training commission shall determine
tuition costs sufficient in the aggregate to pay the costs of
operating the academy. The costs of acquiring and equipping the
academy shall be paid from appropriations made by the general
assembly to the Ohio peace officer training commission for that
purpose, from gifts or grants received for that purpose, or from
fees for goods related to the academy.
The Ohio peace officer training commission shall create a
gaming-related curriculum for gaming agents. The Ohio peace
officer training commission shall use money distributed to the
Ohio peace officer training academy from the Ohio law enforcement
training fund to first support the academy's training programs for
gaming agents and gaming-related curriculum.
The law enforcement officers, during the period of their
training, shall receive compensation as determined by the
political subdivision that sponsors them or, if the officer is a
criminal investigator employed by the state public defender, as
determined by the state public defender. The political subdivision
may pay the tuition costs of the law enforcement officers they
sponsor and the state public defender may pay the tuition costs of
criminal investigators of that office who attend the academy.
If trainee vacancies exist, the academy may train and issue
certificates of satisfactory completion to peace officers who are
employed by a campus police department pursuant to section 1713.50
of the Revised Code, by a qualified nonprofit corporation police
department pursuant to section 1702.80 of the Revised Code, or by
a railroad company, who are amusement park police officers
appointed and commissioned by a judge of the appropriate municipal
court or county court pursuant to section 4973.17 of the Revised
Code, or who are bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan
associations, savings banks, or credit unions, or hospital police
officers appointed and commissioned by the secretary of state
pursuant to sections 4973.17 to 4973.22 of the Revised Code,
provided that no such officer shall be trained at the academy
unless the officer meets the qualifications established for
admission to the academy and the qualified nonprofit corporation
police department; bank, savings and loan association, savings
bank, credit union, or association of banks, savings and loan
associations, savings banks, or credit unions; railroad company;
hospital; or amusement park or the private college or university
that established the campus police department prepays the entire
cost of the training. A qualified nonprofit corporation police
department; bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan
associations, savings banks, or credit unions; railroad company;
hospital; or amusement park or a private college or university
that has established a campus police department is not entitled to
reimbursement from the state for any amount paid for the cost of
training the bank, savings and loan association, savings bank,
credit union, or association of banks, savings and loan
associations, savings banks, or credit unions peace officers; the
railroad company's peace officers; or the peace officers of the
qualified nonprofit corporation police department, campus police
department, hospital, or amusement park.
The academy shall permit investigators employed by the state
medical board to take selected courses that the board determines
are consistent with its responsibilities for initial and
continuing training of investigators as required under sections
4730.26 and 4731.05 of the Revised Code. The board shall pay the
entire cost of training that investigators receive at the academy.
(B) As used in this section:
(1) "Law enforcement officers" include any undercover drug
agent, any bailiff or deputy bailiff of a court of record, and any
criminal investigator who is employed by the state public
defender.
(2) "Undercover drug agent" means any person who:
(a) Is employed by a county, township, or municipal
corporation for the purposes set forth in division (B)(2)(b) of
this section but who is not an employee of a county sheriff's
department, of a township constable, or of the police department
of a municipal corporation or township;
(b) In the course of the person's employment by a county,
township, or municipal corporation, investigates and gathers
information pertaining to persons who are suspected of violating
Chapter 2925. or 3719. of the Revised Code, and generally does not
wear a uniform in the performance of the person's duties.
(3) "Crisis intervention training" has the same meaning as in
section 109.71 of the Revised Code.
(4) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 121.54. As it relates in any way to state funds or
public officials subject to the investigatory authority of the
inspector general, the inspector general may investigate all
wrongful acts or omissions that have been committed by or are
being committed by any member of the commission or its employees,
any entity or individual regulated or licensed by the commission,
or, for casino-related matters, any other contractors, vendors, or
persons doing business with the state.
The inspector general shall conduct a program of random
review of the processing of contracts associated with the
commission or any casino facility or any slot or table game
operated at any casino facility. The random review program shall
be designed by the inspector general. The program shall be
confidential and may be altered by the inspector general at any
time.
All state employees and all agents, employees, licensees, and
officials of all casino operators, management companies, holding
companies, or gaming-related vendors shall cooperate with and
provide assistance to the inspector general in the performance of
any investigation conducted by the inspector general. In
particular, those persons shall make their premises, equipment,
personnel, books, records, and papers readily available to the
inspector general. In the course of an investigation, the
inspector general may question any state employee, casino
operator, management company, or holding company, official, or
employee, or gaming-related vendor, and any person transacting
business with the commission, any casino operator, management
company, holding company, the state, or a state agency on a
casino-related matter. The inspector general shall take care to
preserve the confidentiality of information contained in responses
to questions or in books, records, or papers that are made
confidential by law. In performing any investigation, the
inspector general shall avoid interfering with the ongoing
operations of the entities being investigated, except insofar as
is reasonably necessary to successfully complete the
investigation.
At the conclusion of an investigation conducted by the
inspector general, the inspector general shall deliver to the
director of the commission, depending on the subject of the
investigation, and to the governor, any case for which remedial
action is necessary. The inspector general shall maintain a public
record of the activities of the inspector general to the extent
permitted under this section, ensuring that the rights of the
parties involved in each case are protected. The inspector general
shall include in the annual report required under section 121.48
of the Revised Code a summary of the activities of the inspector
general under this section during the previous year.
No person shall disclose any information that is designated
as confidential in accordance with section 121.44 of the Revised
Code or any confidential information that is acquired in the
course of an investigation conducted under this section to any
person who is not legally entitled to disclosure of that
information.
As used in this section, "state agency" and "state employee"
have the same meanings as in section 121.41 of the Revised Code.
Sec. 121.60. As used in sections 121.60 to 121.69 of the
Revised Code:
(A) "Person" and "compensation" have the same meanings as in
section 101.70 of the Revised Code.
(B) "Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of an elected
executive official, the director of a department created under
section 121.02 of the Revised Code, an executive agency official,
or a member of the staff of any public officer or employee listed
in this division:
(1) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to, food and beverages,
entertainment, lodging, transportation, or honorariums;
(2) A contract, promise, or agreement to make an expenditure,
whether or not legally enforceable;
(3) The purchase, sale, or gift of services or any other
thing of value. "Expenditure" does not include a contribution,
gift, or grant to a foundation or other charitable organization
that is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. "Expenditure" does not
include the purchase, sale, or gift of services or any other thing
of value that is available to the general public on the same terms
as it is available to the persons listed in this division, or an
offer or sale of securities to any person listed in this division
that is governed by regulation D, 17 C.F.R. 2301.501 230.501 to
2301.508 230.508, adopted under the authority of the "Securities
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is
governed by a comparable provision under state law.
(C) "Employer" means any person who, directly or indirectly,
engages an executive agency lobbyist.
(D) "Engage" means to make any arrangement, and "engagement"
means arrangement, whereby an individual is employed or retained
for compensation to act for or on behalf of an employer to
influence executive agency decisions or to conduct any executive
agency lobbying activity.
(E) "Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the
joint ownership or the ownership or part ownership in common of
any real or personal property or any commercial or business
enterprise of whatever form or nature between the following:
(1) An executive agency lobbyist, his the executive agency
lobbyist's employer, or a member of the immediate family of the
executive agency lobbyist or his the executive agency lobbyist's
employer; and
(2) Any elected executive official, the director of a
department created under section 121.02 of the Revised Code, an
executive agency official, or any member of the staff of a public
officer or employee listed in division (E)(2) of this section.
"Financial transaction" does not include any transaction or
activity described in division (E) of this section if it is
available to the general public on the same terms, or if it is an
offer or sale of securities to any person listed in division
(E)(2) of this section that is governed by regulation D, 17 C.F.R.
2301.501 230.501 to 2301.508 230.508, adopted under the authority
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and
following, or that is governed by a comparable provision under
state law.
(F) "Executive agency" means the office of an elected
executive official, a department created under section 121.02 of
the Revised Code, or any other state agency, department, board, or
commission controlled or directed by an elected executive official
or otherwise subject to his an elected executive official's
authority. "Executive agency" does not include any court, the
general assembly, or the controlling board.
(G) "Executive agency decision" means a decision of an
executive agency regarding the expenditure of funds of the state
or of an executive agency with respect to the award of a contract,
grant, lease, or other financial arrangement under which such
funds are distributed or allocated, or a regulatory decision of an
executive agency or any board or commission of the state.
"Executive agency decision" does not include either of the
following:
(1) A purchasing decision for which a vendor has filed a
statement certifying that he the vendor has not made campaign
contributions in an amount such that section 3517.13 of the
Revised Code would invalidate the decision, if that vendor has not
engaged an executive agency lobbyist;
(2) The award of a competitively bid contract for which bid
specifications were prepared and for which at least three eligible
competitive bids were received by the executive agency.
(H) "Executive agency lobbyist" means any person engaged to
influence executive agency decisions or to conduct executive
agency lobbying activity as one of his the person's main purposes
on a regular and substantial basis. "Executive agency lobbyist"
does not include an elected or appointed officer or employee of a
federal or state agency, state college, state university, or
political subdivision who attempts to influence or affect
executive agency decisions in his a fiduciary capacity as a
representative of
his the officer's or employee's agency, college,
university, or political subdivision.
(I) "Executive agency lobbying activity" means contacts made
to promote, oppose, or otherwise influence the outcome of an
executive agency decision by direct communication with an elected
executive official, the director of any department listed in
section 121.02 of the Revised Code, any executive agency official,
or a member of the staff of any public officer or employee listed
in this division, or the Ohio casino control commission. "Lobbying
activity" does not include any of the following:
(1) The action of any person having a direct interest in
executive agency decisions who, under Section 3 of Article I, Ohio
Constitution, assembles together with other persons to consult for
their common good, instructs a person listed in the first
paragraph of division (I) of this section, or petitions such a
person for the redress of grievances;
(2) Contacts made for the sole purpose of gathering
information contained in a public record;
(3) Appearances before an executive agency to give testimony.
(J) "Executive agency official" means an officer or employee
of an executive agency whose principal duties are to formulate
policy or to participate directly or indirectly in the
preparation, review, or award of contracts, grants, leases, or
other financial arrangements with an executive agency.
(K) "Aggrieved party" means a party entitled to resort to a
remedy.
(L) "Elected executive official" means the governor,
lieutenant governor, secretary of state, auditor of state,
treasurer of state, and the attorney general.
(M) "Staff" means any officer or employee of an executive
agency whose official duties are to formulate policy and who
exercises administrative or supervisory authority or who
authorizes the expenditure of state funds.
Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the
Revised Code, "state agency" means the administrative departments
listed in section 121.02 of the Revised Code, the department of
taxation, and the bureau of workers' compensation, and the Ohio
casino control commission.
(B) The office of internal auditing is hereby created in the
office of budget and management to conduct internal audits of
state agencies or divisions of state agencies to improve their
operations in the areas of risk management, internal controls, and
governance. The director of budget and management, with the
approval of the governor, shall appoint for the office of internal
auditing a chief internal auditor who meets the qualifications
specified in division (C) of this section. The chief internal
auditor shall serve at the director's pleasure and be responsible
for the administration of the office of internal auditing
consistent with sections 126.45 to 126.48 of the Revised Code.
The office of internal auditing shall conduct programs for
the internal auditing of state agencies. The programs shall
include an annual internal audit plan, reviewed by the state audit
committee, that utilizes risk assessment techniques and identifies
the specific audits to be conducted during the year. The programs
also shall include periodic audits of each state agency's major
systems and controls, including those systems and controls
pertaining to accounting, administration, and electronic data
processing. Upon the request of the office of internal auditing,
each state agency shall provide office employees access to all
records and documents necessary for the performance of an internal
audit.
The director of budget and management shall assess a charge
against each state agency for which the office of internal
auditing conducts internal auditing programs under sections 126.45
to 126.48 of the Revised Code so that the total amount of these
charges is sufficient to cover the costs of the operation of the
office of internal auditing.
(C) The chief internal auditor of the office of internal
auditing shall hold at least a bachelor's degree and be one of the
following:
(1) A certified internal auditor, a certified government
auditing professional, or a certified public accountant, who also
has held a PA registration or a CPA certificate authorized by
Chapter 4701. of the Revised Code for at least four years and has
at least six years of auditing experience;
(2) An auditor who has held a PA registration or a CPA
certificate authorized by Chapter 4701. of the Revised Code for at
least four years and has at least ten years of auditing
experience.
(D) The chief internal auditor, subject to the direction and
control of the director of budget and management, may appoint and
maintain any staff necessary to carry out the duties assigned by
sections 126.45 to 126.48 of the Revised Code to the office of
internal auditing or to the chief internal auditor.
Sec. 1705.48. Except as otherwise provided by this chapter
or any other provision of the Revised Code, including, but not
limited to, sections 3734.908, 5739.33, 5743.57, 5747.07, and
5753.09 5753.02 of the Revised Code, all of the following apply:
(A) The debts, obligations, and liabilities of a limited
liability company, whether arising in contract, tort, or
otherwise, are solely the debts, obligations, and liabilities of
the limited liability company.
(B) Neither the members of the limited liability company nor
any managers of the limited liability company are personally
liable to satisfy any judgment, decree, or order of a court for,
or are personally liable to satisfy in any other manner, a debt,
obligation, or liability of the company solely by reason of being
a member or manager of the limited liability company.
(C) Nothing in this chapter affects any personal liability of
a member of a limited liability company or any manager of a
limited liability company for the member's or manager's own
actions or omissions.
(D) This chapter does not affect any statutory or common law
of this or another state that pertains to the relationship between
an individual who renders a professional service and a recipient
of that service, including, but not limited to, any contract or
tort liability arising out of acts or omissions committed or
omitted during the course of rendering the professional service.
Sec. 3517.1015. Each person licensed under Chapter 3772. of
the Revised Code shall disclose quarterly to the secretary of
state any contribution of one hundred dollars or more made to the
holder of or any candidate for a statewide office, a member of the
general assembly, a local government official of a jurisdiction
where a casino facility is located, or to any ballot issue.
Sec. 3769.081. The state racing commission shall administer
the Ohio state racing commission fund. The commission shall use
the money in the fund to support purses, breeding programs, race
track operations, and commission operations. The commission,
considering the relative importance of these purposes in light of
prevailing circumstances in the horse racing industry, shall
determine the percentage of the money in the fund that is to be
applied to each of these purposes.
Sec. 3772.01. As used in this chapter:
(A) "Applicant" means any person who applies to the
commission for a license under this chapter.
(B) "Casino facility" means casino facility as defined in
Section 6(C)(9) of Article XV, Ohio Constitution.
(C) "Casino gaming" means any type of slot machine or table
game wagering, using money, casino credit, or any representative
of value, authorized in any of the states of Indiana, Michigan,
Pennsylvania, and West Virginia as of January 1, 2009, and
includes slot machine and table game wagering subsequently
authorized by, but shall not be limited by, subsequent
restrictions placed on such wagering in such states. "Casino
gaming" does not include bingo, as authorized in Section 6 of
Article XV, Ohio Constitution and conducted as of January 1, 2009,
or horse racing where the pari-mutuel system of wagering is
conducted, as authorized under the laws of this state as of
January 1, 2009.
(D) "Casino gaming employee" means any employee of a casino
operator or management company, but not a key employee, and as
further defined in section 3772.131 of the Revised Code.
(E) "Casino operator" means any person, trust, corporation,
partnership, limited partnership, association, limited liability
company, or other business enterprise that directly holds an
ownership or leasehold interest in a casino facility. "Casino
operator" does not include an agency of the state, any political
subdivision of the state, any person, trust, corporation,
partnership, limited partnership, association, limited liability
company, or other business enterprise that may have an interest in
a casino facility, but who is legally or contractually restricted
from conducting casino gaming.
(F) "Central system" means a computer system that provides
the following functions related to casino gaming equipment used in
connection with casino gaming authorized under this chapter:
security, auditing, data and information retrieval, and other
purposes deemed necessary and authorized by the commission.
(G) "Commission" means the Ohio casino control commission.
(H) "Gaming agent" means a peace officer employed by the
commission that is vested with duties to enforce this chapter and
conduct other investigations into the conduct of the casino gaming
and the maintenance of the equipment that the commission considers
necessary and proper and is in compliance with section 109.77 of
the Revised Code.
(I) "Gaming-related vendor" means any individual,
partnership, corporation, association, trust, or any other group
of individuals, however organized, who supplies equipment, goods,
or services to a casino operator or management company, that are
directly related to or affect casino gaming authorized under this
chapter, including the manufacture, sale, distribution, testing,
or repair of slot machines and table game equipment.
(J) "Holding company" means any corporation, firm,
partnership, limited partnership, limited liability company,
trust, or other form of business organization not a natural person
which directly owns, has the power or right to control, or holds
with power to vote, any part of an applicant, casino operator,
management company, or gaming-related vendor license.
(K) "Initial investment" includes costs related to
engineering, architecture, design, site preparation, construction,
infrastructure improvements, and leasehold improvements. "Initial
investment" does not include costs related to land acquisition,
fixtures and equipment, inventory, insurance, working capital, and
any state incentives.
(L) "Institutional investor" means any of the following
entities owning five per cent or less, or a percentage between
five and ten per cent as approved by the commission for a waiver
on a case-by-case basis, ownership interest in a casino facility,
casino operator, management company, or holding company: a
corporation, bank, insurance company, pension fund or pension fund
trust, retirement fund, including funds administered by a public
agency, employees' profit-sharing fund or employees'
profit-sharing trust, any association engaged, as a substantial
part of its business or operations, in purchasing or holding
securities, or any trust in respect of which a bank is trustee or
cotrustee, investment company registered under the "Investment
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective
investment trust organized by banks under Part Nine of the Rules
of the Comptroller of the Currency, closed-end investment trust,
chartered or licensed life insurance company or property and
casualty insurance company, investment advisor registered under
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,
and such other persons as the commission may reasonably determine
to qualify as an institutional investor for reasons consistent
with this chapter.
(M) "Key employee" means any executive, employee, or agent of
a casino operator or management company licensee having the power
to exercise significant influence over decisions concerning any
part of the operation of such licensee, including:
(1) An officer, director, trustee, or partner of a person
that has applied for or holds a casino operator, management
company, or gaming-related vendor license or of a holding company
that has control of a person that has applied for or holds a
casino operator, management company, or gaming-related vendor
license;
(2) A person that holds a direct ownership interest of more
than five per cent in a person that has applied for or holds a
casino operator, management company, or gaming-related vendor
license or holding company that has control of a person that has
applied for or holds a casino operator, management company, or
gaming-related vendor license;
(3) A managerial employee of a person that has applied for or
holds a casino operator or gaming-related vendor license in Ohio,
or a managerial employee of a holding company that has control of
a person that has applied for or holds a casino operator or
gaming-related vendor license in Ohio, who performs the function
of principal executive officer, principal operating officer,
principal accounting officer, or an equivalent officer.
The commission shall determine whether an individual whose
duties or status varies from those described in this division also
is considered a key employee.
(N) "Licensed casino operator" means a casino operator that
has been issued a license by the commission and that has been
certified annually by the commission to have paid all applicable
fees, taxes, and debts to the state.
(O) "Majority ownership interest" in a license or in a casino
facility, as the case may be, means ownership of more than fifty
per cent of such license or casino facility, as the case may be.
For purposes of the foregoing, whether a majority ownership
interest is held in a license or in a casino facility, as the case
may be, shall be determined under the rules for constructive
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as
in effect on January 1, 2009.
(P) "Management company" means an organization retained by a
casino operator to manage a casino facility and provide services
such as accounting, general administration, maintenance,
recruitment, and other operational services.
(Q) "Ohio law enforcement training fund" means the state law
enforcement training fund described in Section 6(C)(3)(f) of
Article XV, Ohio Constitution, the money in which shall be used to
enhance public safety by providing additional training
opportunities to the law enforcement community.
(R) "Person" includes, but is not limited to, an individual
or a combination of individuals; a sole proprietorship, a firm, a
company, a joint venture, a partnership of any type, a joint-stock
company, a corporation of any type, a corporate subsidiary of any
type, a limited liability company, a business trust, or any other
business entity or organization; an assignee; a receiver; a
trustee in bankruptcy; an unincorporated association, club,
society, or other unincorporated entity or organization; entities
that are disregarded for federal income tax purposes; and any
other nongovernmental, artificial, legal entity that is capable of
engaging in business.
(S) "Problem casino gambling and addictions fund" means the
state problem gambling and addictions fund described in Section
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which
shall be used for treatment of problem gambling and substance
abuse, and for related research.
(T) "Slot machine" means any mechanical, electrical, or other
device or machine which, upon insertion of a coin, token, ticket,
or similar object, or upon payment of any consideration, is
available to play or operate, the play or operation of which,
whether by reason of the skill of the operator or application of
the element of chance, or both, makes individual prize
determinations for individual participants in cash, premiums,
merchandise, tokens, or any thing of value, whether the payoff is
made automatically from the machine or in any other manner.
(U) "Table game" means any game played with cards, dice, or
any mechanical, electromechanical, or electronic device or machine
for money, casino credit, or any representative of value. "Table
game" does not include slot machines.
(V) "Upfront license" means the first plenary license issued
to a casino operator.
(W) "Voluntary exclusion program" means a program provided by
the commission that allows persons to voluntarily exclude
themselves from the gaming areas of facilities under the
jurisdiction of the commission by placing their name on a
voluntary exclusion list and following the procedures set forth by
the commission.
Sec. 3772.02. (A) There is hereby created the Ohio casino
control commission described in Section 6(C)(1) of Article XV,
Ohio Constitution.
(B) The commission shall consist of seven members appointed
within one month of the effective date of this section by the
governor with the advice and consent of the senate. The governor
shall forward all appointments to the senate within twenty-four
hours.
(1) Each commission member is eligible for reappointment at
the discretion of the governor. No commission member shall be
appointed for more than three terms in total.
(2) Each commission member shall be a resident of Ohio.
(3) At least one commission member shall be experienced in
law enforcement and criminal investigation.
(4) At least one commission member shall be a certified
public accountant experienced in accounting and auditing.
(5) At least one commission member shall be an attorney
admitted to the practice of law in Ohio.
(6) At least one commission member shall be a resident of a
county where one of the casino facilities is located.
(7) Not more than four commission members shall be of the
same political party.
(8) No commission member shall have any affiliation with an
Ohio casino operator or facility.
(C) Commission members shall serve four-year terms, except
that when the governor makes initial appointments to the
commission under this chapter, the governor shall appoint three
members to serve four-year terms with not more than two such
members from the same political party, two members to serve
three-year terms with such members not being from the same
political party, and two members to serve two-year terms with such
members not being from the same political party.
(D) Each commission member shall hold office from the date of
appointment until the end of the term for which the member was
appointed. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the unexpired
term. Any member shall continue in office after the expiration
date of the member's term until the member's successor takes
office, or until a period of sixty days has elapsed, whichever
occurs first. A vacancy in the commission membership shall be
filled in the same manner as the original appointment.
(E) The governor shall select one member to serve as
chairperson and the commission members shall select one member
from a different party than the chairperson to serve as
vice-chairperson. The governor may remove and replace the
chairperson at any time. No such member shall serve as chairperson
for more than six successive years. The vice-chairperson shall
assume the duties of the chairperson in the absence of the
chairperson. The chairperson and vice-chairperson shall perform
but shall not be limited to additional duties as are prescribed by
commission rule.
(F) A commission member is not required to devote the
member's full time to membership on the commission. Each member of
the commission shall receive compensation of sixty thousand
dollars per year, payable in monthly installments for the first
four years of the commission's existence. Each member shall
receive the member's actual and necessary expenses incurred in the
discharge of the member's official duties.
(G) The governor shall not appoint an individual to the
commission, and an individual shall not serve on the commission,
if the individual has been convicted of or pleaded guilty or no
contest to a disqualifying offense as defined in section 3772.07
of the Revised Code. Members coming under indictment or bill of
information of a disqualifying offense shall resign from the
commission immediately upon indictment.
(H) At least five commission members shall be present for the
commission to meet. The concurrence of four members is necessary
for the commission to take any action. All members shall vote on
the adoption of rules, and the approval of, and the suspension or
revocation of, the licenses of casino operators or management
companies, unless a member has a written leave of absence filed
with and approved by the chairperson.
(I) A commission member may be removed or suspended from
office in accordance with section 3.04 of the Revised Code.
(J) Each commission member, before entering upon the
discharge of the member's official duties, shall make an oath to
uphold the Ohio Constitution and laws of the state of Ohio and
shall give a bond, payable by the commission, to the treasurer of
state, in the sum of ten thousand dollars with sufficient sureties
to be approved by the treasurer of state, which bond shall be
filed with the secretary of state.
(K) The commission shall hold one regular meeting each month
and shall convene other meetings at the request of the chairperson
or a majority of the members. A member who fails to attend at
least three-fifths of the regular and special meetings of the
commission during any two-year period forfeits membership on the
commission. All meetings of the commission shall be open meetings
under section 121.22 of the Revised Code except as otherwise
allowed by law.
Sec. 3772.03. (A) To ensure the integrity of casino gaming,
the commission shall have authority to complete the functions of
licensing, regulating, investigating, and penalizing casino
operators, management companies, holding companies, key employees,
and gaming-related vendors. The commission also shall have
jurisdiction over all persons participating in casino gaming
authorized by Section 6(C) of Article XV, Ohio Constitution, and
this chapter.
(B) All rules adopted by the commission under this chapter
shall be adopted under procedures established in Chapter 119. of
the Revised Code.
(C) Within six months of the effective date of this section,
the commission shall adopt initial rules as are necessary for
completing the functions stated in division (A) of this section
and for addressing the subjects enumerated in division (D) of this
section.
(D) The commission shall adopt, and as advisable and
necessary shall amend or repeal, rules that include all of the
following:
(1) The prevention of practices detrimental to the public
interest;
(2) Prescribing the method of applying, and the form of
application, that an applicant for a license under this chapter
must follow as otherwise described in this chapter;
(3) Prescribing the information to be furnished by an
applicant or licensee as described in section 3772.11 of the
Revised Code;
(4) Describing the duties of an independent testing
laboratory certified under section 3772.33 of the Revised Code and
the relationship between the commission, the laboratory, the
gaming-related vendor, and the casino operator;
(5) The minimum amount of insurance that must be maintained
by a casino operator, management company, holding company, or
gaming-related vendor;
(6) The approval process for a significant change in
ownership or transfer of control of a licensee as provided in
section 3772.091 of the Revised Code;
(7) The design of gaming supplies, devices, and equipment to
be distributed by gaming-related vendors;
(8) Identifying the casino gaming that is permitted,
identifying the gaming supplies, devices, and equipment, that are
permitted, defining the area in which the permitted casino gaming
may be conducted, and specifying the method of operation according
to which the permitted casino gaming is to be conducted as
provided in section 3772.20 of the Revised Code;
(9) Tournament play in any casino facility;
(10) Establishing and implementing a voluntary exclusion
program that provides all of the following:
(a) Except as provided by commission rule, a person who
participates in the program shall agree to refrain from entering a
casino facility.
(b) The name of a person participating in the program shall
be included on a list of persons excluded from all casino
facilities.
(c) Except as provided by commission rule, no person who
participates in the program shall petition the commission for
admittance into a casino facility.
(d) The list of persons participating in the program and the
personal information of those persons shall be confidential and
shall only be disseminated by the commission to a casino operator
for purposes of enforcement and to other entities, upon request of
the participant and agreement by the commission.
(e) A casino operator shall make all reasonable attempts as
determined by the commission to cease all direct marketing efforts
to a person participating in the program.
(f) A casino operator shall not cash the check of a person
participating in the program or extend credit to the person in any
manner. However, the program shall not exclude a casino operator
from seeking the payment of a debt accrued by a person before
participating in the program.
(g) Any and all locations at which a person may register as a
participant in the program shall be published.
(11) Requiring a licensed casino operator to provide the
commission with any marketing materials for the commission's
review and approval before the licensed casino operator may use
the materials;
(12) Requiring that the records, including financial
statements, of any casino operator, management company, holding
company, and gaming-related vendor be maintained in the manner
prescribed by the commission and made available for inspection
upon demand by the commission;
(13) Permitting a licensed casino operator, management
company, key employee, or casino gaming employee to question a
person suspected of violating this chapter;
(14) The chips, tokens, tickets, electronic cards, or similar
objects that may be purchased by means of an agreement under which
credit is extended to a wagerer by a casino operator;
(15) Establishing standards for provisional key employee
licenses for a person who is required to be licensed as a key
employee and is in exigent circumstances. A provisional license
shall be valid not longer than three months. A person shall not
obtain more than one provisional license.
(16) Establishing approval procedures for third-party
engineering or accounting firms, as described in section 3772.09
of the Revised Code;
(17) Prescribing the manner in which winnings, compensation
from casino gaming, and gross revenue must be computed and
reported by a licensee as described in section 3772.32 and Chapter
5753. of the Revised Code;
(18) Prescribing conditions under which a licensee's license
may be suspended or revoked as described in section 3772.04 of the
Revised Code;
(19) Prescribing the manner and procedure of all hearings to
be conducted by the commission or by any hearing examiner;
(20) Prescribing technical standards and requirements that
are to be met by security and surveillance equipment that is used
at and standards and requirements to be met by personnel who are
employed at casino facilities, and standards and requirements for
the provision of security at and surveillance of casino
facilities;
(21) Prescribing requirements for a casino operator to
provide unarmed security services at a casino facility by licensed
casino employees, and the training that shall be completed by
these employees;
(22) Prescribing standards according to which casino
operators shall keep accounts and standards according to which
casino accounts shall be audited, and establish means of assisting
the tax commissioner in levying and collecting the gross casino
revenue tax levied under section 5753.02 of the Revised Code;
(23) Defining a schedule of penalties for violation of
commission rules and a process for imposing such penalties subject
to the approval of the joint committee on gaming and wagering;
(24) Establishing standards for decertifying contractors that
violate statutes or rules of this state or the federal government;
(25) Providing for any other thing necessary and proper for
successful and efficient regulation of casino gaming under this
chapter.
(E) The commission shall employ and assign gaming agents as
necessary to assist the commission in carrying out the duties of
this chapter. In order to maintain employment as a gaming agent,
the gaming agent shall successfully complete all continuing
training programs required by the commission and shall not have
been convicted of or pleaded guilty or no contest to a
disqualifying offense as defined in section 3772.07 of the Revised
Code.
(F) The commission and its gaming agents shall have authority
with regard to the detection and investigation of, the seizure of
evidence allegedly relating to, and the apprehension and arrest of
persons allegedly committing gaming offenses, and shall have
access to casino facilities to carry out the requirements of this
chapter.
(G) The commission may eject or exclude or authorize the
ejection or exclusion of and a gaming agent may eject a person
from a casino facility for any of the following reasons:
(1) The person's name is on the list of persons voluntarily
excluding themselves from all casinos in a program established
according to rules adopted by the commission;
(2) The person violates or conspires to violate this chapter
or a rule adopted thereunder; or
(3) The commission determines that the person's conduct or
reputation is such that the person's presence within a casino
facility may call into question the honesty and integrity of the
casino gaming operations or interfere with the orderly conduct of
the casino gaming operations.
(H) A person, other than a person participating in a
voluntary exclusion program, may petition the commission for a
public hearing on the person's ejection or exclusion under this
chapter.
(I) A casino operator or management company shall have the
same authority to eject or exclude a person from the management
company's casino facilities as authorized in division (G) of this
section.
(J) The commission shall submit a written annual report with
the governor, president of the senate, and speaker of the house of
representatives before the first day of September each year. The
annual report shall include a statement describing the receipts
and disbursements of the commission, relevant financial data
regarding casino gaming, including gross revenues and
disbursements made under this chapter, actions taken by the
commission, and any additional information that the commission
considers useful or that the governor, president of the senate, or
speaker of the house of representatives requests.
Sec. 3772.031. (A) The general assembly finds that the
exclusion or ejection of certain persons from casino facilities is
necessary to effectuate the intents and purposes of this chapter
and to maintain strict and effective regulation of casino gaming.
The commission, by rule, shall provide for a list of persons who
are to be excluded or ejected from a casino facility. Persons
included on the exclusion list shall be identified by name and
physical description. The commission shall publish the exclusion
list on its web site, and shall transmit a copy of the exclusion
list periodically to casino operators, as it is initially issued
and thereafter as it is revised from time to time. A casino
operator shall take steps necessary to ensure that all its key
employees and casino gaming employees are aware of and understand
the exclusion list and its function, and that all its key
employees and casino gaming employees are kept aware of the
content of the exclusion list as it is issued and thereafter
revised from time to time.
(B) The exclusion list may include any person whose presence
in a casino facility is determined by the commission to pose a
threat to the interests of the state, to achieving the intents and
purposes of this chapter, or to the strict and effective
regulation of casino gaming. In determining whether to include a
person on the exclusion list, the commission may consider:
(1) Any prior conviction of a crime that is a felony under
the laws of this state, another state, or the United States, a
crime involving moral turpitude, or a violation of the gaming laws
of this state, another state, or the United States; and
(2) A violation, or a conspiracy to violate, any provision of
this chapter that consists of:
(a) A failure to disclose an interest in a gaming facility
for which the person must obtain a license;
(b) Purposeful evasion of taxes or fees;
(c) A notorious or unsavory reputation that would adversely
affect public confidence and trust that casino gaming is free from
criminal or corruptive elements; or
(d) A violation of an order of the commission or of any other
governmental agency that warrants exclusion or ejection of the
person from a casino facility.
(3) If the person has pending charges or indictments for a
gaming or gambling crime or a crime related to the integrity of
gaming operations in any state;
(4) If the person's conduct or reputation is such that the
person's presence within a casino facility may call into question
the honesty and integrity of the casino gaming operations or
interfere with the orderly conduct of the casino gaming
operations;
(5) If the person is a career or professional offender whose
presence in a casino facility would be adverse to the interest of
licensed gaming in this state;
(6) If the person has a known relationship or connection with
a career or professional offender whose presence in a casino
facility would be adverse to the interest of licensed gaming in
this state;
(7) If the commission has suspended the person's gaming
privileges;
(8) If the commission has revoked the person's licenses
related to this chapter;
(9) If the commission determines that the person poses a
threat to the safety of patrons or employees of a casino facility;
(10) If the person has a history of conduct involving the
disruption of gaming operations within a casino facility.
Race, color, creed, national origin or ancestry, or sex are
not grounds for placing a person on the exclusion list.
(C) The commission shall notify a person of the commission's
intent to include such person on the exclusion list. The notice
shall be provided by personal service, by certified mail to the
person's last known address, or, if service cannot be accomplished
by personal service or certified mail, by publication daily for
two weeks in a newspaper of general circulation within the county
in which the person resides and in a newspaper of general
circulation within each county in which a casino facility is
located.
(D) A person who receives notice of intent to include the
person on the exclusion list is entitled to an adjudication
hearing under Chapter 119. of the Revised Code, except as provided
in this section, in which the person may demonstrate why the
person should not be included on the exclusion list. The person
shall request such an adjudication hearing not later than thirty
days after the person receives the notice by personal service or
certified mail, or not later than thirty days after the last
newspaper publication of the notice. If the adjudication hearing
or any appeal under Chapter 119. of the Revised Code results in an
order that the person should not be included on the exclusion
list, the commission shall publish a revised exclusion list that
does not include the person. The commission also shall notify
casino operators that the person has been removed from the
exclusion list. A casino operator shall take all steps necessary
to ensure its key employees and casino gaming employees are made
aware that the person has been removed from the exclusion list.
(E) This section does not apply to the voluntary exclusion
list created as part of the voluntary exclusion program.
Sec. 3772.032. (A) The permanent joint committee on gaming
and wagering is established. The committee consists of six
members. The speaker of the house of representatives shall appoint
to the committee three members of the house of representatives and
the president of the senate shall appoint to the committee three
members of the senate. Not more than two members appointed from
each chamber may be members of the same political party. The
chairperson shall be from the opposite party as the chairperson of
the joint committee on agency rule review. If the chairperson is
to be from the house of representatives, the speaker of the house
of representatives shall designate a member as the chairperson and
the president of the senate shall designate a member as the
vice-chairperson. If the chairperson is to be from the senate, the
president of the senate shall designate a member as the
chairperson and the speaker of the house of representatives shall
designate a member as the vice-chairperson.
(1) Review all constitutional amendments, laws, and rules
governing the operation and administration of casino gaming and
all authorized gaming and wagering activities and recommend to the
general assembly and commission any changes it may find desirable
with respect to the language, structure, and organization of those
amendments, laws, or rules;
(2) Make an annual report to the governor and to the general
assembly with respect of the operation and administration of
casino gaming;
(3) Approve all changes of fees and penalties as provided in
this chapter and rules adopted thereunder; and
(4) Study all proposed changes to the constitution and laws
of this state and to the rules adopted by the commission governing
the operation and administration of casino gaming, and report to
the general assembly on their adequacy and desirability as a
matter of public policy.
(C) Any study, or any expense incurred, in furtherance of the
committee's objectives shall be paid for from, or out of, the
casino control commission fund or other appropriation provided by
law. The members shall receive no additional compensation, but
shall be reimbursed for actual and necessary expenses incurred in
the performance of their official duties.
Sec. 3772.033. In carrying out the responsibilities vested in
the commission by this chapter, the commission may do all the
following and may designate any such responsibilities to the
executive director, to its employees, or to the gaming agents:
(A) Inspect and examine all premises where casino gaming is
conducted or gaming supplies, devices, or equipment are
manufactured, sold, or distributed;
(B) Inspect all gaming supplies, devices, and equipment in or
about a casino facility;
(C) Summarily impound and seize and remove from the casino
facility premises gaming supplies, devices, and equipment for the
purpose of examination and inspection;
(D) Determine any facts, or any conditions, practices, or
other matters, as the commission considers necessary or proper to
aid in the enforcement of this chapter or of a rule adopted
thereunder;
(E) Audit gaming operations that have ceased operation;
(F) Investigate, for the purpose of prosecution, any
suspected violation of this chapter or rules adopted thereunder;
(G) Investigate as appropriate to aid the commission and to
seek the executive director's advice in adopting rules;
(H) Secure information as is necessary to provide a basis for
recommending legislation for the improvement of this chapter;
(I) Make, execute, and otherwise effectuate all contracts and
other agreements, including contracts for necessary purchases of
goods and services. The commission shall ensure use of Ohio
products or services in compliance with sections 125.09 and 125.11
of the Revised Code and all rules adopted thereunder.
(J) Employ the services of persons the commission considers
necessary for the purposes of consultation or investigation, and
fix the salaries of, or contract for the services of, legal,
accounting, technical, operational, and other personnel and
consultants;
(K) Secure, by agreement, information and services as the
commission considers necessary from any state agency or other unit
of state government;
(L) Acquire furnishings, equipment, supplies, stationery,
books, and all other things the commission considers necessary or
desirable to successfully and efficiently carry out the
commission's duties and functions; and
(M) Perform all other things the commission considers
necessary to effectuate the intents and purposes of this chapter.
Sec. 3772.034. Absent gross negligence, a casino operator,
management company, holding company, gaming-related vendor, the
state, and employees of those entities are entitled to immunity
from any type of civil or criminal liability if a person
participating in the voluntary exclusion program enters a casino
facility.
Sec. 3772.04. (A)(1) If, as the result of an investigation,
the commission concludes that a license or finding required by
this chapter should be limited, conditioned, or restricted, or
suspended or revoked, the commission shall conduct an adjudication
under Chapter 119. of the Revised Code.
(2) The commission shall appoint a hearing examiner to
conduct the hearing in the adjudication. A party to the
adjudication may file written objections to the hearing examiner's
report and recommendations not later than the thirtieth day after
they are served upon the party or the party's attorney or other
representative of record. The commission shall not take up the
hearing examiner's report and recommendations earlier than the
thirtieth day after the hearing examiner's report and
recommendations were submitted to the commission.
(3) If the commission finds that a person has violated this
chapter or a rule adopted thereunder, the commission may issue an
order:
(a) Limiting, conditioning, or restricting, or suspending or
revoking, a license issued under this chapter;
(b) Limiting, conditioning, or restricting, or suspending or
revoking, a finding made under this chapter;
(c) Requiring a casino facility to exclude a licensee from
the casino facility or requiring a casino facility not to pay to
the licensee any remuneration for services or any share of
profits, income, or accruals on the licensee's investment in the
casino facility; or
(d) Fining a licensee or other person according to the
schedule of penalties adopted by the commission.
(4) An order may be judicially reviewed under section 119.12
of the Revised Code.
(B) For the purpose of conducting any study or investigation,
the commission may direct that public hearings be held at a time
and place, prescribed by the commission, in accordance with
section 121.22 of the Revised Code. The commission shall give
notice of all public hearings in such manner as will give actual
notice to all interested parties.
(C) In the discharge of any duties imposed by this chapter,
the commission may require that testimony be given under oath and
administer such oath, issue subpoenas compelling the attendance of
witnesses and the production of any papers, books, and accounts,
and cause the deposition of any witness. In the event of the
refusal of any person without good cause to comply with the terms
of a subpoena issued by the commission or refusal to testify on
matters about which the person may lawfully be questioned, the
prosecuting attorney of the county in which such person resides,
upon the petition of the commission, may bring a proceeding for
contempt against such person in the court of common pleas of that
county.
(D) When conducting a public hearing, the commission shall
not limit the number of speakers who may testify. However, the
commission may set reasonable time limits on the length of an
individual's testimony or the total amount of time allotted to
proponents and opponents of an issue before the commission.
(E) An administrative law judge appointed by the commission
may conduct a hearing under this chapter and recommend findings of
fact and decisions to the commission.
(F) The commission may rely, in whole or in part, upon
investigations, conclusions, or findings of other casino gaming
commissions or other government regulatory bodies in connection
with licensing, investigations, or other matters relating to an
applicant or licensee under this chapter.
Sec. 3772.05. To carry out the provisions of this chapter and
other enforcement provisions provided for under the laws of this
state, the tax commissioner, the inspector general, and the
commission, and their respective employees, may demand access to
and inspect, examine, photocopy, and audit all books, accounts,
records, and memoranda of any person that is not protected by
privilege and that is subject to the provisions of this chapter,
and may examine under oath any officer, agent, or employee of that
person.
Sec. 3772.051. Upon cessation of gaming operations, a former
licensee shall furnish, upon the demand of the commission, books,
papers, and other records as necessary for the commission to audit
the ceased gaming operation. A former licensee shall maintain all
books, papers, and other records for a period of three years after
the cessation of gaming operations. However, if a civil action or
criminal proceeding relating to the former licensee is pending, or
if an administrative adjudication or judicial review of an
administrative adjudication relating to the former licensee is
pending, the former licensee shall maintain all books, papers, and
other records until the matter has been finally determined.
If a person disobeys a subpoena or subpoena duces tecum, or
refuses to testify as directed by a subpoena, the commission shall
request the prosecutor of the county in which the person resides
to apply to the court of common pleas for an order compelling the
person to attend or to produce tangible evidence, or to testify,
as directed by the subpoena or subpoena duces tecum. The court
shall treat the application as if it were disobedience to comply
with a subpoena or subpoena duces tecum issued by the court or a
refusal to testify in the court.
Sec. 3772.06. (A)(1) The commission shall appoint an
executive director who shall serve at the pleasure of the
commission. The executive director is in the unclassified service,
shall devote full time to the duties of the office, and shall hold
no other office or employment. The executive director shall, by
experience and training, possess management skills that equip the
executive director to administer an enterprise of the nature of
the commission. The executive director shall not have a pecuniary
interest in any business organization that holds a license under
this chapter, or that does business with any person licensed under
this chapter. A member of the general assembly, a person who holds
an elective office, or an office holder of a political party is
ineligible to be appointed executive director at the same time as
being such a member or holding such an office. The executive
director shall receive an annual salary in accordance with pay
range 48 of section 124.152 of the Revised Code.
(2) The executive director, before entering upon the
discharge of the executive director's official duties, shall give,
and thereafter shall maintain, bond in the amount of twenty-five
thousand dollars, payable to the state, conditioned upon the
executive director's faithful and proper performance of the
executive director's official duties. The bond shall be issued by
a surety authorized to do business in this state and shall be
filed with the secretary of state. The bond may be an individual
bond or a schedule or blanket bond.
(B)(1) The executive director or a deputy designated in
writing by the executive director shall attend all meetings of the
commission and shall act as its secretary. The executive director
shall keep a record of all commission proceedings and shall keep
the commission's records, files, and documents at the commission's
principal office.
(2) The executive director shall be the chief executive
officer and shall be responsible for keeping all commission
records and supervising and administering casino gaming in
accordance with this chapter, and enforcing all commission rules
adopted under this chapter.
(3) The executive director shall hire staff, including an
assistant director or deputy directors, as necessary to assist the
executive director in the executive director's duties under this
chapter. In appointing employees, the executive director is
subject to section 3772.061 of the Revised Code. The executive
director may employ employees as necessary, unless the commission
determines otherwise. Except as otherwise provided in this
chapter, all costs of administration incurred by the executive
director and the executive director's employees shall be paid out
of the casino control commission fund.
(C) A state agency or other unit of state government shall
cooperate with the commission, and shall provide the commission
with information and services the commission considers necessary
to carry out the commission's duties and functions under this
chapter.
(D) The executive director shall confer at least once each
month with the commission, at which time the executive director
shall advise it regarding the operation and administration of the
commission and casino gaming. The executive director shall make
available at the request of the commission all documents, files,
and other records pertaining to the operation and administration
of the commission and casino gaming. The executive director shall
prepare and make available to the commission each month a complete
and accurate accounting of gross casino gaming revenues, and all
other relevant financial information, including an accounting of
all transfers made from the casino control commission fund.
(E) An individual shall not be appointed executive director
or retain appointment as executive director, and a person shall
not be appointed as a professional, technical, or clerical
employee of the commission or retain appointment as such an
employee, if the individual has been convicted of or has pleaded
guilty or no contest to a disqualifying offense as defined in
section 3772.07 of the Revised Code.
Sec. 3772.061. The executive director shall appoint the
number of professional, technical, and clerical employees that is
necessary, in the executive director's reasonable opinion, for
conducting internal audits, as an internal auditing department, of
the commission. The professional and technical employees so
appointed shall be qualified by education, licensing (if
relevant), and experience to perform the internal audit function
successfully and efficiently. These employees, together with
clerical employees necessary for their support, shall be assigned
only to the internal audit function and not to any other function
of the commission.
The internal auditing department, at reasonable intervals and
as necessary, shall conduct internal audits of the commission. The
internal audits shall audit the accounts and transactions of the
commission, ascertain the condition of funds used by the
commission, and make an inventory of the funds and of the assets
under the control of the commission. The report of an internal
audit shall be signed by the employee who was principally
responsible for conducting the internal audit. A copy of the
signed report shall be forwarded to the commission and to the
auditor of state. The report is not a public record that is open
to public inspection and copying until it has been forwarded as
required by the preceding sentence.
Sec. 3772.062. The executive director of the commission
shall enter into an agreement with the department of alcohol and
drug addiction services under which the department provides a
program of gambling and addiction services on behalf of the
commission.
Sec. 3772.07. The following appointing or licensing
authorities shall obtain a criminal records check of the person
who is to be appointed or licensed:
(A) The governor, before appointing an individual as a member
of the commission;
(B) The commission, before appointing an individual as
executive director or a gaming agent;
(C) The commission, before issuing a license for a key
employee or casino gaming employee, and before issuing a license
for each investor, except an institutional investor, for a casino
operator, management company, holding company, or gaming-related
vendor;
(D) The executive director, before appointing an individual
as a professional, technical, or clerical employee of the
commission.
Thereafter, such an appointing or licensing authority shall
obtain a criminal records check of the same individual at
three-year intervals.
The appointing or licensing authority shall provide to each
person of whom a criminal records check is required a copy of the
form and the standard fingerprint impression sheet prescribed
under divisions (C)(1) and (2) of section 109.572 of the Revised
Code. The person shall complete the form and impression sheet and
return them to the appointing or licensing authority. If a person
fails to complete and return the form and impression sheet within
a reasonable time, the person is ineligible to be appointed or
licensed or to continue in the appointment or licensure.
The appointing or licensing authority shall forward the
completed form and impression sheet to the superintendent of the
bureau of criminal identification and investigation. The
appointing or licensing authority shall request the superintendent
also to obtain information from the federal bureau of
investigation, including fingerprint-based checks of the national
crime information databases, and from other states and the federal
government under the national crime prevention and privacy compact
as part of the criminal records check.
The commission shall pay the fee the bureau of criminal
identification and investigation charges for all criminal records
checks conducted under this section. An applicant for a casino
operator, management company, holding company, or gaming-related
vendor license shall reimburse the commission for the amount of
the fee paid on the applicant's behalf. An applicant for a key
employee or casino gaming employee license shall reimburse the
commission for the amount of the fee paid on the applicant's
behalf, unless the applicant is applying at the request of a
casino operator or management company, in which case the casino
operator or management company shall reimburse the commission.
The appointing or licensing authority shall review the
results of a criminal records check. When the governor appoints a
commission member, the governor shall forward the results of the
criminal records check to the president of the senate before the
senate advises and consents to the appointment of the commission
member. The appointing or licensing authority shall not appoint or
license or retain the appointment or licensure of a person a
criminal records check discloses has been convicted of or has
pleaded guilty or no contest to a disqualifying offense. A
"disqualifying offense" means any gambling offense, any theft
offense, any offense having an element of fraud or
misrepresentation, any offense having an element of moral
turpitude, and any felony not otherwise included in the foregoing
list, except as otherwise provided in section 3772.10 of the
Revised Code for casino gaming employees.
The report of a criminal records check is not a public record
that is open to public inspection and copying. The commission
shall not make the report available to any person other than the
person who was the subject of the criminal records check or the
person's agent; an appointing or licensing authority; a member,
the executive director, or an employee of the commission; or any
court or agency, including a hearing examiner, in a judicial or
administrative proceeding in which the criminal records check is
relevant.
Sec. 3772.08. (A) Casino gaming shall be conducted only by
licensed casino operators of the four casino facilities or by a
licensed management company retained by a licensed casino
operator.
(B) A licensed casino operator, licensed management company,
or another person may provide nongaming amenities at the casino
facility.
Sec. 3772.09. (A) No casino operator, management company,
holding company, gaming-related vendor, key employee, or casino
gaming employee shall conduct or participate in conducting casino
gaming without first obtaining a license from the commission.
(B) Before a licensed casino operator may conduct casino
gaming at a casino facility, a licensed casino operator shall
engage a third-party engineering or accounting firm to certify
expenses of its initial investment, as required by section 3772.27
of the Revised Code, and provide documentation to the commission.
The third-party engineering or accounting firm shall be approved
by the commission and shall certify expenses in accordance with
rules adopted by the commission under section 3772.03 of the
Revised Code. The commission may request the department of
administrative services to assist the commission in carrying out
its duties under this section.
Sec. 3772.091. (A) No license issued under this chapter is
transferable. New majority ownership interest or control shall
require a new license. A significant change in or transfer of
control, as determined by the commission, shall require the filing
of an application for a new license and submission of a license
fee with the commission before any such change or transfer of
control is approved. A change in or transfer of control to an
immediate family member is not considered a significant change
under this section.
(B) As used in this section, "control" means either of the
following:
(a) Holding fifty per cent or more of the outstanding voting
securities of a licensee; or
(b) For an unincorporated licensee, having the right to fifty
per cent or more of the profits of the licensee, or having the
right in the event of dissolution to fifty per cent or more of the
assets of the licensee.
(2) Having the contractual power presently to designate fifty
per cent or more of the directors of a for-profit or
not-for-profit corporation, or in the case of trusts described in
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such
a trust.
Sec. 3772.10. (A) In determining whether to grant or maintain
a casino operator, management company, holding company, key
employee, casino gaming employee, or gaming-related vendor
license, the Ohio casino control commission shall consider all of
the following, as applicable:
(1) The reputation, experience, and financial integrity of
the applicant, its holding company, if applicable, and any other
person that directly controls the applicant;
(2) The financial ability of the applicant to purchase and
maintain adequate liability and casualty insurance and to provide
an adequate surety bond;
(3) The past and present compliance of the applicant and its
affiliates or affiliated companies with casino-related licensing
requirements in this state or any other jurisdiction, including
whether the applicant has a history of noncompliance with the
casino licensing requirements of any jurisdiction;
(4) If the applicant has been indicted, convicted, pleaded
guilty or no contest, or forfeited bail concerning any criminal
offense under the laws of any jurisdiction, either felony or
misdemeanor, not including traffic violations;
(5) If the applicant has filed, or had filed against it a
proceeding for bankruptcy or has ever been involved in any formal
process to adjust, defer, suspend, or otherwise work out the
payment of any debt;
(6) If the applicant has been served with a complaint or
other notice filed with any public body regarding a payment of any
tax required under federal, state, or local law that has been
delinquent for one or more years;
(7) If the applicant is or has been a defendant in litigation
involving its business practices;
(8) If awarding a license would undermine the public's
confidence in the casino gaming industry in this state;
(9) If the applicant meets other standards for the issuance
of a license that the commission adopts by rule, which shall not
be arbitrary, capricious, or contradictory to the expressed
provisions of this chapter.
(B) If the commission determines that a person is eligible
under this chapter to be issued a license as a casino operator,
management company, holding company, key employee, casino gaming
employee, or gaming-related vendor, the commission shall issue
such license for not more than three years, as determined by
commission rule, if all other requirements of this chapter have
been satisfied.
(C) The commission shall not issue a casino operator,
management company, holding company, key employee, casino gaming
employee, or gaming-related license under this chapter to an
applicant if:
(1) The applicant has been convicted of a disqualifying
offense, as defined in section 3772.07 of the Revised Code, unless
the person is an applicant for a casino gaming employee license.
For an offense other than a gambling offense, an applicant for a
casino gaming employee license may prove to the commission, by
clear and convincing evidence, that the applicant's activities and
employment record for at least ten years after the conviction show
that the applicant is honest, truthful, and of good reputation,
and there is no basis in fact for believing that the applicant
will commit such an offense again.
(2) The applicant has submitted an application for license
under this chapter that contains false information.
(3) The applicant is a commission member.
(4) The applicant owns an ownership interest that is unlawful
under this chapter, unless waived by the commission.
(5) The applicant violates specific rules adopted by the
commission related to denial of licensure.
(6) The applicant is a member of or employed by a gaming
regulatory body of a governmental unit in this state, another
state, or the federal government, or is employed by a governmental
unit of this state. This division does not prohibit a casino
operator from hiring special duty law enforcement officers if the
officers are not specifically involved in gaming-related
regulatory functions.
(7) The commission otherwise determines the applicant is
ineligible for the license.
(D)(1) The commission shall investigate the qualifications of
each applicant under this chapter before any license is issued and
before any finding with regard to acts or transactions for which
commission approval is required is made. The commission shall
continue to observe the conduct of all licensees and all other
persons having a material involvement directly or indirectly with
a casino operator, management company, or holding company to
ensure that licenses are not issued to or held by, or that there
is not any material involvement with a casino operator, management
company, or holding company by, an unqualified, disqualified, or
unsuitable person or a person whose operations are conducted in an
unsuitable manner or in unsuitable or prohibited places or
locations.
(2) The executive director may recommend to the commission
that it deny any application, or limit, condition, or restrict, or
suspend or revoke, any license or finding, or impose any fine upon
any licensee or other person according to this chapter and the
rules adopted thereunder.
(3) A license issued under this chapter is a revocable
privilege. No licensee has a vested right in or under any license
issued under this chapter. The initial determination of the
commission to deny, or to limit, condition, or restrict, a license
may be appealed under section 2505.03 of the Revised Code.
(E)(1) An institutional investor otherwise required to be
found suitable or qualified under this chapter and the rules
adopted under this chapter shall be presumed suitable or qualified
upon submitting documentation sufficient to establish
qualifications as an institutional investor and upon certifying
all of the following:
(a) The institutional investor owns, holds, or controls
publicly traded securities issued by a licensee or holding,
intermediate, or parent company of a licensee or in the ordinary
course of business for investment purposes only.
(b) The institutional investor does not exercise influence
over the affairs of the issuer of such securities nor over any
licensed subsidiary of the issuer of such securities.
(c) The institutional investor does not intend to exercise
influence over the affairs of the issuer of such securities, nor
over any licensed subsidiary of the issuer of such securities, in
the future, and that it agrees to notify the commission in writing
within thirty days if such intent changes.
(2) The exercise of voting privileges with regard to publicly
traded securities shall not be deemed to constitute the exercise
of influence over the affairs of a licensee.
(3) The commission shall rescind the presumption of
suitability for an institutional investor at any time if the
institutional investor exercises or intends to exercise influence
or control over the affairs of the licensee.
(4) This division shall not be construed to preclude the
commission from investigating the suitability or qualifications of
an institutional investor if the commission becomes aware of facts
or information that may result in the institutional investor being
found unsuitable or disqualified.
(F) Information provided on the application shall be used as
a basis for a thorough background investigation of each applicant.
A false or incomplete application is cause for denial of a license
by the commission. All applicants and licensees shall consent to
inspections, searches, and seizures and to the disclosure to the
commission and its agents of confidential records, including tax
records, held by any federal, state, or local agency, credit
bureau, or financial institution and to provide handwriting
exemplars, photographs, fingerprints, and information as
authorized in this chapter and in rules adopted by the commission.
Sec. 3772.11. (A) A person may apply to the commission for a
casino operator, management company, or holding company license to
conduct casino gaming at a casino facility as provided in this
chapter. The application shall be made under oath on forms
provided by the commission and shall contain information as
prescribed by rule, including, but not limited to, all of the
following:
(1) The name, business address, business telephone number,
social security number, and, where applicable, the federal tax
identification number of any applicant;
(2) The identity of every person having a greater than five
per cent direct interest in the applicant casino facility for
which the license is sought;
(3) An identification of any business, including the state of
incorporation or registration if applicable, in which an
applicant, or the spouse or children of an applicant, has an
equity interest of more than five per cent;
(4) The name of any casino operator, management company,
holding company, and gaming-related vendor in which the applicant
has an equity interest of at least five per cent;
(5) If an applicant has ever applied for or has been granted
any gaming license or certificate issued by a licensing authority
in Ohio or any other jurisdiction that has been denied,
restricted, suspended, revoked, or not renewed and a statement
describing the facts and circumstances concerning the application,
denial, restriction, suspension, revocation, or nonrenewal,
including the licensing authority, the date each action was taken,
and the reason for each action;
(6) If an applicant has ever filed or had filed against it a
civil or administrative action or proceeding in bankruptcy,
including the date of filing, the name and location of the court,
the case caption, the docket number, and the disposition;
(7) The name and business telephone number of any attorney
representing an applicant in matters before the commission;
(8) Information concerning the amount, type of tax, the
taxing agency, and times involved, if the applicant has filed or
been served with a complaint or notice filed with a public body
concerning a delinquency in the payment of or a dispute over a
filing concerning the payment of a tax required under federal,
state, or local law;
(9) A description of any proposed casino gaming operation and
related casino enterprises, including the type of casino facility,
location, expected economic benefit to the community, anticipated
or actual number of employees, any statement from an applicant
regarding compliance with federal and state affirmative action
guidelines, projected or actual admissions, projected or actual
gross receipts, and scientific market research;
(10) Financial information in the manner and form prescribed
by the commission;
(11) If an applicant has directly made a political
contribution, loan, donation, or other payment of one hundred
dollars or more to a statewide office holder, a member of the
general assembly, a local government official elected in a
jurisdiction where a casino facility is located, or a ballot issue
not more than one year before the date the applicant filed the
application and all information relating to the contribution,
loan, donation, or other payment;
(12) Any criminal conviction; and
(13) Other information required by the commission under rules
adopted by the commission.
(B) Any holding company or management company, its directors,
executive officers, and any shareholder who holds more than five
per cent ownership interest of a holding company or management
company shall be required to submit the same information as
required by an applicant under this section.
Sec. 3772.111. In determining whether to grant a casino
operator license, the commission shall also consider:
(A) The facilities or proposed facilities for the conduct of
casino gaming;
(B) The prospective total revenue to be collected by the
state from the conduct of casino gaming;
(C) The extent to which the applicant exceeds or meets other
standards adopted by the commission.
Sec. 3772.112. Before a license is issued to a casino
operator, the casino operator shall post, and thereafter shall
maintain, a surety bond in the amount of one million dollars
payable to the state, conditioned on the casino operator complying
with Section 6(C) of Article XV, Ohio Constitution, this chapter,
and the rules adopted under this chapter. The bond shall be issued
by a surety that is licensed to do business in this state, and
shall be approved by the commission. The total aggregate liability
of the surety on the bond is limited to the amount specified in
the bond. The surety shall not cancel the bond unless the surety
has given the commission, in the event of nonpayment of premium,
ten days' notice of the intention to cancel, and in the event of
any other cause, thirty days' notice of the intention to cancel.
If the bond is to be canceled, and if the casino operator fails to
post and maintain a new surety bond in the specified amount on or
before the day of cancellation, the casino operator's license is
void.
Sec. 3772.12. (A) A person may apply for a gaming-related
vendor license. All applications shall be made under oath.
(B) A person who holds a gaming-related vendor's license is
authorized to sell or lease, and to contract to sell or lease,
equipment and supplies to any licensee involved in the ownership
or management of a casino facility.
(C) Gambling supplies and equipment shall not be distributed
unless supplies and equipment conform to standards adopted in
rules adopted by the commission.
Sec. 3772.121. (A) The commission shall issue a
gaming-related vendor's license under this chapter to an applicant
who has:
(1) Applied for the gaming-related vendor's license;
(2) Paid a nonrefundable license fee as described in section
3772.17 of the Revised Code;
(3) Submitted two sets of the applicant's fingerprints; and
(4) Been determined by the commission as eligible for a
gaming-related vendor's license.
(B) A gaming-related vendor shall furnish to the commission a
list of all equipment, devices, and supplies offered for sale or
lease in connection with casino games authorized under this
chapter.
(C) A gaming-related vendor's equipment, devices, or supplies
that are used by a person in an unauthorized casino gaming
operation shall be forfeited to the state.
Sec. 3772.13. (A) No person may be employed as a key employee
unless the person is the holder of a valid key employee license
issued by the commission.
(B) Each applicant shall, before the issuance of any key
employee license, produce information, documentation, and
assurances as are required by this chapter and rules adopted
thereunder. In addition, each applicant shall, in writing,
authorize the examination of all bank accounts and records as may
be deemed necessary by the commission.
(C) To be eligible for a key employee license, the applicant
shall be at least twenty-one years of age and shall meet the
criteria set forth by rule by the commission.
(D) Each application for a key employee license shall be on a
form prescribed by the commission and shall contain all
information required by the commission. The applicant shall set
forth in the application if the applicant has been issued prior
gambling-related licenses; if the applicant has been licensed in
any other state under any other name, and, if so, the name under
which the license was issued and the applicant's age at the time
the license was issued; any criminal conviction the applicant has
had; and if a permit or license issued to the applicant in any
other state has been suspended, restricted, or revoked, and, if
so, the cause and the duration of each action.
(E) Each applicant shall submit with each application, on a
form provided by the commission, two sets of fingerprints and a
photograph. The commission shall charge each applicant an
application fee set by the commission to cover all actual costs
generated by each licensee and all background checks under this
section and section 3772.07 of the Revised Code.
(F)(1) The casino operator, management company, or holding
company by whom a person is employed as a key employee shall
terminate the person's employment in any capacity requiring a
license under this chapter and shall not in any manner permit the
person to exercise a significant influence over the operation of a
casino facility if:
(a) The person does not apply for and receive a key employee
license within three months of being issued a provisional license,
as established under commission rule.
(b) The person's application for a key employee license is
denied by the commission.
(c) The person's key employee license is revoked by the
commission.
The commission shall notify the casino operator, management
company, or holding company who employs such a person by certified
mail of any such finding, denial, or revocation.
(2) A casino operator, management company, or holding company
shall not pay to a person whose employment is terminated under
division (F)(1) of this section, any remuneration for any services
performed in any capacity in which the person is required to be
licensed, except for amounts due for services rendered before
notice was received under that division. A contract or other
agreement for personal services or for the conduct of any casino
gaming at a casino facility between a casino operator, management
company, or holding company and a person whose employment is
terminated under division (F)(1) of this section may be terminated
by the casino operator, management company, or holding company
without further liability on the part of the casino operator,
management company, or holding company. Any such contract or other
agreement is deemed to include a term authorizing its termination
without further liability on the part of the casino operator,
management company, or holding company upon receiving notice under
division (F)(1) of this section. That a contract or other
agreement does not expressly include such a term is not a defense
in any action brought to terminate the contract or other
agreement, and is not grounds for relief in any action brought
questioning termination of the contract or other agreement.
(3) A casino operator, management company, or holding
company, without having obtained the prior approval of the
commission, shall not enter into any contract or other agreement
with a person who has been found unsuitable, who has been denied a
license, or whose license has been revoked under division (F)(1)
of this section, or with any business enterprise under the control
of such a person, after the date on which the casino operator,
management company, or holding company receives notice under that
division.
Sec. 3772.131. (A) All casino gaming employees are required
to have a casino gaming employee license. "Casino gaming employee"
means the following and their supervisors:
(1) Individuals involved in operating a casino gaming pit,
including dealers, shills, clerks, hosts, and junket
representatives;
(2) Individuals involved in handling money, including
cashiers, change persons, count teams, and coin wrappers;
(3) Individuals involved in operating casino games;
(4) Individuals involved in operating and maintaining slot
machines, including mechanics, floor persons, and change and
payoff persons;
(5) Individuals involved in security, including guards and
game observers;
(6) Individuals with duties similar to those described in
divisions (A)(1) to (5) of this section. "Casino gaming employee"
does not include an individual whose duties are related solely to
nongaming activities such as entertainment, hotel operation,
maintenance, or preparing or serving food and beverages.
(B) The commission may issue a casino gaming employee license
to an applicant after it has determined that the applicant is
eligible for a license under rules adopted by the commission and
paid any applicable fee. All applications shall be made under
oath.
(C) To be eligible for a casino gaming employee license, an
applicant shall be at least twenty-one years of age.
(D) Each application for a casino gaming employee license
shall be on a form prescribed by the commission and shall contain
all information required by the commission. The applicant shall
set forth in the application if the applicant has been issued
prior gambling-related licenses; if the applicant has been
licensed in any other state under any other name, and, if so, the
name under which the license was issued and the applicant's age at
the time the license was issued; any criminal convictions the
applicant has had; and if a permit or license issued to the
applicant in any other state has been suspended, restricted, or
revoked, and, if so, the cause and the duration of each action.
(E) Each applicant shall submit with each application, on a
form provided by the commission, two sets of the applicant's
fingerprints and a photograph. The commission shall charge each
applicant an application fee to cover all actual costs generated
by each licensee and all background checks.
Sec. 3772.14. (A) After notice and opportunity for an
adjudication conducted under Chapter 119. of the Revised Code, the
commission may suspend, revoke, or refuse to issue or renew a
license in accordance with rules adopted by the commission.
(B) Without in any manner limiting the authority of the
commission to impose the level and type of discipline it may
consider appropriate, the commission may take into consideration:
(1) If the licensee knew or reasonably should have known that
the action complained of was a violation of any law, regulation,
or condition on the licensee's license;
(2) If the licensee has previously been disciplined by the
commission;
(3) If the licensee has previously been subject to discipline
by the commission concerning the violation of any law, regulation,
or condition of the licensee's license;
(4) If the licensee reasonably relied upon professional
advice from a lawyer, doctor, accountant, or other recognized
professional that was relevant to the action resulting in the
violation;
(5) If the licensee or licensee's employer had a reasonably
constituted and functioning compliance program;
(6) If the imposition of a condition requiring the licensee
to establish and implement a written self-enforcement and
compliance program would assist in ensuring the licensee's future
compliance with all statutes, regulations, and conditions of the
license;
(7) If the licensee realized a pecuniary gain from the
violation;
(8) If the amount of any fine or other penalty imposed would
result in disgorgement of any gains unlawfully realized by the
licensee;
(9) If the violation was caused by an officer or employee of
the licensee, the level of authority of the individual who caused
the violation;
(10) If the individual who caused the violation acted within
the scope of the individual's authority as granted by the
licensee;
(11) The adequacy of any training programs offered by the
licensee or licensee's employer that were relevant to the activity
which resulted in the violation;
(12) If the licensee's action substantially deviated from
industry standards and customs;
(13) The extent to which the licensee cooperated with the
commission during the investigation of the violation;
(14) If the licensee has initiated remedial measures to
prevent similar violations;
(15) The magnitude of penalties imposed on other licensees
for similar violations;
(16) The proportionality of the penalty in relation to the
misconduct;
(17) The extent to which the amount of any fine imposed would
punish the licensee for the conduct and deter future violations;
(18) Any mitigating factors offered by the licensee; and
(19) Any other factors the commission in its sole and
absolute discretion may consider relevant.
Sec. 3772.15. (A) Unless a license issued under this chapter
is suspended, expires, or is revoked, the license shall be renewed
for not more than three years, as determined by commission rule,
after a determination by the commission that the licensee is in
compliance with this chapter and rules authorized by this chapter
and after the licensee pays a fee.
(B) A licensee shall undergo a complete investigation at
least every three years, as determined by commission rule, to
determine that the licensee remains in compliance with this
chapter.
(C) Notwithstanding division (B) of this section, the
commission may investigate a licensee at any time the commission
determines it is necessary to ensure that the licensee remains in
compliance with this section.
(D) The holder of a license shall bear the cost of an
investigation, except key employees and casino gaming employees
who are employed by a casino operator, in which case the casino
operator shall pay the investigation cost.
Sec. 3772.16. (A) Any information concerning the following
submitted, collected, or gathered as part of an application to the
commission for a license under this chapter is confidential and
not subject to disclosure as a record under section 149.43 of the
Revised Code:
(1) A minor child of an applicant;
(2) The social security number of an applicant or the spouse
of an applicant;
(3) The home telephone number of an applicant or the spouse
or children of an applicant;
(4) An applicant's birth certificate;
(5) The driver's license number of an applicant or the
applicant's spouse;
(6) The name or address of a previous spouse of the
applicant;
(7) The date of birth of the spouse of an applicant;
(8) The place of birth of the spouse of an applicant;
(9) The personal financial information and records of an
applicant or the spouse or minor child of an applicant, including
tax returns and information, and records of criminal proceedings;
(10) Any information concerning a victim of domestic
violence, sexual assault, or stalking;
(11) The electronic mail address of the spouse or family
member of the applicant;
(12) An applicant's home addresses; and
(B) Notwithstanding any other law, upon written request from
a person, the commission shall provide the following information
to the person except as provided in this chapter:
(1) The information provided under this chapter concerning a
licensee or an applicant;
(2) The amount of the wagering tax and admission tax paid
daily to the state by a licensed applicant or an operating agent;
and
(3) A copy of a letter providing the reasons for the denial
of an applicant's license or an operating agent's contract and a
copy of a letter providing the reasons for the commission's
refusal to allow an applicant to withdraw the applicant's
application, but with confidential information redacted if that
information is the reason for the denial or refusal to withdraw.
Sec. 3772.17. (A) The upfront license fee to obtain a license
as a casino operator shall be fifty million dollars per casino
facility. New casino operator, management company, and holding
company license and renewal license fees shall be set by rule,
subject to the approval of the joint committee on gaming and
wagering.
(B) The fee to obtain an application for a casino operator,
management company, or holding company license shall be two
million dollars per application. The application fee shall be
deposited into the casino control commission fund. The application
fee is nonrefundable.
(C) The license fees for a gaming-related vendor shall be set
by rule, subject to the approval of the joint committee on gaming
and wagering. Additionally, the commission may assess an applicant
a reasonable fee in the amount necessary to process a
gaming-related vendor license application.
(D) The license fees for a key employee shall be set by rule,
subject to the approval of the joint committee on gaming and
wagering. Additionally, the commission may assess an applicant a
reasonable fee in the amount necessary to process a key employee
license application. If the license is being sought at the request
of a casino operator, such fees shall be paid by the casino
operator.
(E) The license fees for a casino gaming employee shall be
set by rule, subject to the approval of the joint committee on
gaming and wagering. If the license is being sought at the request
of a casino operator, the fee shall be paid by the casino
operator.
Sec. 3772.18. (A) Each casino operator, management company,
and holding company involved in the application and ownership or
management of a casino facility shall provide to the commission as
applicable:
(1) An annual balance sheet;
(2) An annual income statement;
(3) An annual audited financial statement;
(4) A list of the stockholders or other persons having at
least a five per cent ownership interest in the casino operator,
management company, or holding company and any other information
the commission considers necessary for the effective
administration of this chapter;
(5) The applicant's plan and process to provide employment
opportunities;
(6) Notification of any material changes to the applicant's
or licensee's stockholders must be provided to the commission
within sixty days of the change. Notification of any refinancing
and debt issuance shall be in accordance with rules adopted by the
commission under Chapter 119. of the Revised Code; and
(7) An applicant's compulsive and problem gambling plan. A
casino operator shall submit an annual summary of its compulsive
and problem gambling plan to the commission. The plan at a minimum
shall contain the following elements:
(a) The goals of the plan and procedures and timetables to
implement the plan;
(b) The identification of the individual who will be
responsible for the implementation and maintenance of the plan;
(c) Policies and procedures including the following:
(i) The commitment of the casino operator to train
appropriate employees;
(ii) The duties and responsibilities of the employees
designated to implement or participate in the plan;
(iii) The responsibility of patrons with respect to
responsible gambling;
(iv) Procedures for providing information to individuals
regarding community, public and private treatment services,
gamblers anonymous programs, and similar treatment or addiction
therapy programs designed to prevent, treat, or monitor compulsive
and problem gamblers and to counsel family members;
(v) The provision of printed material to educate patrons
about compulsive and problem gambling and to inform them about
treatment services available to compulsive and problem gamblers
and their families;
(vi) The employee training program;
(vii) Procedures to prevent underage gambling;
(viii) Procedures to prevent intoxicated patrons from
gambling;
(ix) The plan for posting signs within the casino facility
containing gambling treatment information.
(B) Each casino operator shall submit quarterly updates and
an annual report to the commission of its adherence to the plans
and goals submitted under division (A) of this section.
(C) Preference shall be given to public and private
Ohio-based institutions to train employees for casino-related
employment opportunities.
Sec. 3772.19. A person shall not hold a majority ownership
interest in, or be a management company for, more than two casino
facilities at any one time. A person shall not hold a majority
ownership interest in, or be a management company for, more than
two tracks at which horse racing where the pari-mutuel system of
wagering is conducted at any one time, of which not more than one
shall be a track for thoroughbred horses.
Sec. 3772.20. (A) A maximum of five thousand slot machines
may be operated at a casino facility. Each casino operator for
each casino facility shall determine the total number of slot
machines in their facility, up to a maximum of five thousand slot
machines that may be operated at such casino facility. There shall
be no limit on the number of table games allowed at each casino
facility.
(B) Any slot machine game or table game currently authorized
in, and any future slot machine or table game authorized in, the
states of Indiana, Michigan, Pennsylvania, and West Virginia may
be conducted at casino facilities in this state at the discretion
of a licensed casino operator but only after being approved, upon
application by a licensed casino operator, by the commission.
(C) Minimum and maximum wagers on casino gaming shall be
determined by casino operators, subject to the commission's
approval.
(D) No slot machine shall be set to pay out less than the
theoretical payout percentage, which shall be not less than
eighty-five per cent, as specifically approved by the commission.
The commission shall adopt rules that define the theoretical
payout percentage of a slot machine based on the total value of
the jackpots expected to be paid by a slot machine divided by the
total value of slot machine wagers expected to be made on that
slot machine during the same portion of the game cycle.
Sec. 3772.21. (A) Casino gaming equipment and supplies
customarily used in conducting casino gaming shall be purchased or
leased only from gaming-related vendors licensed under this
chapter. A management company owning casino gaming devices,
supplies, and equipment shall be licensed as a gaming-related
vendor under this chapter.
(B) Annually, a gaming-related vendor shall furnish to the
commission a list of all equipment, devices, and supplies offered
for sale or lease in connection with casino gaming authorized
under this chapter.
(C) A gaming-related vendor shall keep books and records for
the furnishing of equipment, devices, and supplies to gaming
operations separate from books and records of any other business
operated by the gaming-related vendor. A gaming-related vendor
shall file a quarterly return with the commission listing all
sales and leases. A gaming-related vendor shall permanently affix
the gaming-related vendor's name to all of the gaming-related
vendor's equipment, devices, and supplies for casino gaming
operations.
(D) A gaming-related vendor's equipment, devices, or supplies
that are used by a person in an unauthorized casino gaming
operation shall be forfeited to the commission.
Sec. 3772.22. (A) All casino facility operations shall use a
cashless wagering system whereby all wagerers' money is converted
to chips, tokens, tickets, electronic cards, or similar objects at
the request of the wagerer that may only be used for wagering at a
casino facility. Wagering shall not be conducted with money or
other negotiable currency.
(B) Wagers may be received only from a person present at a
casino facility. A wagerer present at a casino facility shall not
place or attempt to place a wager on behalf of an individual who
is not present at the casino facility.
Sec. 3772.23. (A) All tokens, chips, or electronic cards that
are used to make wagers shall be purchased from the casino
operator or management company while at a casino facility that has
been approved by the commission. Chips, tokens, tickets,
electronic cards, or similar objects may be used while at the
casino facility only for the purpose of making wagers on casino
games.
(B) Casino operators and management companies shall not do
any of the following:
(1) Obtain a license to operate a check-cashing business
under sections 1315.01 to 1315.30 of the Revised Code;
(2) Obtain a license to provide loans under sections 1321.01
to 1321.19 of the Revised Code;
(3) Obtain a license to provide loans under sections 1321.35
to 1321.48 of the Revised Code.
Sec. 3772.24. (A) An employee of a casino facility who is
between eighteen and twenty-one years of age may be present in the
area of a casino facility where casino gaming is being conducted,
as long as the employee's duties are related solely to nongaming
activities. An individual who is less than twenty-one years of age
may enter a designated area of a casino facility where casino
gaming is being conducted, as established by the commission, to
pass to another area where casino gaming is not being conducted.
An individual who is less than twenty-one years of age shall not
make a wager under this chapter.
(B) Casino operators shall notify the commission of the days
and hours during which casino gaming will be conducted.
Sec. 3772.25. The following are not subject to, or limited
by, the requirements of this chapter or Section 6(C) of Article
XV, Ohio Constitution:
(A) Charitable gaming authorized by Chapter 2915. of the
Revised Code;
(B) Charitable bingo authorized by Section 6 of Article XV,
Ohio Constitution, and as authorized by Chapter 2915. of the
Revised Code;
(C) Lottery games as authorized by Section 6 of Article XV,
Ohio Constitution; and
(D) Pari-mutuel wagering authorized by Chapter 3769. of the
Revised Code.
Sec. 3772.26. (A) Each of the four casino facilities shall be
subject to all applicable state laws and local ordinances related
to health and building codes, or any related requirements and
provisions. Notwithstanding the foregoing, no local zoning, land
use laws, subdivision regulations or similar provisions shall
prohibit the development or operation of the four casino
facilities, or casino gaming set forth herein, provided that no
casino facility shall be located in a district zoned exclusively
residential as of January 1, 2009.
(B) No municipal corporation or other political subdivision
in which a casino facility is located shall be required to provide
or improve infrastructure, appropriate property, or otherwise take
any affirmative legislative or administrative action to assist
development or operation of a casino facility, regardless of the
source of funding but if such action is essential to the
development or operation of a casino facility, the municipal
corporation or other political subdivision may charge the casino
operator for any costs incurred for such action.
Sec. 3772.27. Each initial licensed casino operator of each
of the four casino facilities shall make an initial investment of
at least two hundred fifty million dollars for the development of
each casino facility for a total minimum investment of one billion
dollars statewide.
Sec. 3772.28. (A) A casino operator shall not enter into a
debt transaction without the approval of the commission. The
casino operator shall submit, in writing, a request for approval
of a debt transaction that contains at least the following
information:
(1) The names and addresses of all parties to the debt
transaction;
(2) The amount of the funds involved;
(3) The type of debt transaction;
(4) The source of the funds to be obtained;
(5) All sources of collateral;
(6) The purpose of the debt transaction;
(7) The terms of the debt transaction;
(8) Any other information deemed necessary by the commission.
(B) As used in this section, "debt transaction" means a
transaction totaling five hundred thousand dollars or more in
which a casino operator acquires debt, including bank financing,
private debt offerings, and any other transaction that results in
the encumbrance of assets.
Sec. 3772.29. All shipments of gaming supplies, devices, and
equipment, including slot machines, into this state are exempt
from section (2) of "An Act to Prohibit Transportation of Gambling
Devices in Interstate and Foreign Commerce," 64 Stat. 1134, 15
U.S.C. 1171-1177.
Sec. 3772.30. (A) If any person violates this chapter or a
rule adopted thereunder, the attorney general has a cause of
action to restrain the violation. Such an action is a civil
action, governed by the Rules of Civil Procedure. Upon receiving a
request from the commission or the executive director, the
attorney general shall commence and prosecute such an action to
completion. The court shall give priority to such an action over
all other civil actions. Such an action does not preclude an
administrative or criminal proceeding on the same facts.
(B) The attorney general may enter into agreements with any
state or local law enforcement agency to carry out its duties.
(C) A sheriff, chief of police, and prosecuting attorney
shall furnish to the commission, on prescribed forms, all
information obtained during the course of any substantial
investigation or prosecution if it appears a violation of this
chapter has occurred. Any such information is not a public record,
as defined in section 149.43 of the Revised Code, until such
information would otherwise become a public record.
Sec. 3772.31. (A) The commission, by and through the
executive director of the commission, may enter into contracts
necessary to ensure the proper operation and reporting of all
casino gaming authorized under this chapter. The commission may
determine it to be necessary and adopt rules to authorize a
central system. The system shall be operated by or under the
commission's control.
(B) The commission shall certify independent testing
laboratories to scientifically test and technically evaluate all
slot machines, mechanical, electromechanical, or electronic table
games, slot accounting systems, and other electronic gaming
equipment for compliance with this chapter. The certified
independent testing laboratories shall be accredited by a national
accreditation body. The commission shall certify an independent
testing laboratory if it is competent and qualified to
scientifically test and evaluate electronic gaming equipment for
compliance with this chapter and to otherwise perform the
functions assigned to an independent testing laboratory under this
chapter. An independent testing laboratory shall not be owned or
controlled by, or have any interest in, a gaming-related vendor of
electronic gaming equipment. The commission shall prepare a list
of certified independent testing laboratories from which an
independent testing laboratory shall be chosen for all purposes
under this chapter.
Sec. 3772.32. (A)(1) If a person's winnings at a casino
facility are an amount for which reporting to the internal revenue
service of the amount is required by 26 U.S.C. 6041 or a
subsequent, analogous section of the Internal Revenue Code, the
casino operator shall deduct and withhold Ohio income tax from the
person's winnings at a rate of six per cent of the amount won. A
person's amount of winnings shall be determined each time the
person exchanges amounts won in tokens, chips, casino credit, or
other pre-paid representations of value for cash or a cash
equivalent. The casino operator shall issue, to a person from
whose winnings an amount has been deducted and withheld, a receipt
for the amount deducted and withheld, and also shall obtain from
the person additional information that will be necessary for the
casino operator to prepare the returns required by this section.
(2) If a person's winnings at a casino facility require
reporting to the internal revenue service under division (A)(1) of
this section, the casino operator also shall require the person to
state in writing, under penalty of falsification, whether the
person is in default under a support order.
(B) Amounts deducted and withheld by a casino operator are
held in trust for the benefit of the state.
(1) On the tenth banking day of each month, the casino
operator shall file a return electronically with the tax
commissioner identifying the persons from whose winnings amounts
were deducted and withheld and the amount of each such deduction
and withholding during the preceding calendar month. With the
return, the casino operator shall remit electronically to the tax
commissioner all the amounts deducted and withheld during the
preceding month. And together with the return and remittance, the
casino operator shall transmit electronically to the tax
commissioner a copy of each receipt issued, and a copy of each
statement made, under divisions (A)(1) and (2) of this section.
(2) Annually on or before the thirty-first day of January, a
casino operator shall file an annual return electronically with
the tax commissioner indicating the total amount deducted and
withheld during the preceding calendar year. The casino operator
shall remit electronically with the annual return any amount that
was deducted and withheld and that was not previously remitted. If
the identity of a person and the amount deducted and withheld with
respect to that person were omitted on a monthly return, that
information shall be indicated on the annual return. And if a copy
of the receipt and statement pertaining to a person was not
previously transmitted to the tax commissioner, the receipt and
statement shall be transmitted to the tax commissioner
electronically with the annual return.
(3)(a) A casino operator who fails to file a return and remit
the amounts deducted and withheld is personally liable for the
amount deducted and withheld and not remitted. The tax
commissioner may impose a penalty up to one thousand dollars if a
return is filed late, if amounts deducted and withheld are
remitted late, if a return is not filed, or if amounts deducted
and withheld are not remitted. Interest accrues on past due
amounts deducted and withheld at the rate prescribed in section
5703.47 of the Revised Code. The tax commissioner may collect past
due amounts deducted and withheld and penalties and interest
thereon by assessment under section 5747.13 of the Revised Code as
if they were income taxes collected by an employer.
(b) If a casino operator sells the casino facility or
otherwise quits the casino business, the amounts deducted and
withheld and any penalties and interest thereon are immediately
due and payable. The successor shall withhold an amount of the
purchase money that is sufficient to cover the amounts deducted
and withheld and penalties and interest thereon until the
predecessor casino operator produces either a receipt from the tax
commissioner showing that the amounts deducted and withheld and
penalties and interest thereon have been paid or a certificate
from the tax commissioner indicating that no amounts deducted and
withheld or penalties and interest thereon are due. If the
successor fails to withhold purchase money, the successor is
personally liable for payment of the amounts deducted and withheld
and penalties and interest thereon, up to the amount of the
purchase money.
(C) Annually, on or before the thirty-first day of January, a
casino operator shall issue an information return to each person
with respect to whom an amount has been deducted and withheld
during the preceding calendar year. The information return shall
show the total amount deducted from the person's winnings by the
casino operator during the preceding calendar year.
(D) The failure of a casino operator to deduct and withhold
the required amount from a person's winnings does not relieve the
person from liability for the tax imposed by section 5747.02 of
the Revised Code with respect to those winnings. And compliance
with this section does not relieve a casino operator or a person
who has winnings at a casino facility from compliance with
relevant provisions of federal tax laws.
(E) The tax commissioner shall prescribe the form of the
receipt, statement, and returns required by this section.
Sec. 3772.33. (A) As used in this section, "conservator"
means a person appointed by a court of common pleas as a fiduciary
to temporarily manage and control a casino facility.
(B) The commission shall adopt rules under Chapter 119. of
the Revised Code relating to the administration of a casino
facility by a conservator.
(C) The commission may petition the court of common pleas of
the county in which the casino facility is located for appointment
by the court of a conservator to manage and control the casino
facility if any of the following occurs:
(1) The commission revokes the casino operator's license.
(2) The commission declines to renew the casino operator's
license.
(3) The commission suspends a casino operator's license for
more than one hundred twenty days.
(4) A proposed buyer is denied a casino operator's license,
and the licensed casino operator is unable or unwilling to retain
ownership or control of the casino facility.
(5) A licensed casino operator agrees in writing to
relinquish control of a casino facility to a conservator.
(6) A natural disaster or bankruptcy halts operations at a
casino facility.
This division does not apply if the casino facility for which
a casino license has been issued has not been in operation and
open to the public.
(D)(1) The petition shall contain the names of two or more
persons who the commission believes are suitable and qualified to
manage and control the casino facility and are available for
appointment as a conservator.
(2) Upon receipt of the petition, the court shall appoint as
conservator of the casino facility a person who is named in the
petition. The court shall immediately notify the commission of the
appointment. Upon receipt of notice from the court, the commission
shall immediately notify the casino operator and the conservator.
(3) The court that appoints the conservator shall set
reasonable compensation, out of the revenue of the casino
facility, for the services, costs, and expenses of the conservator
and for any other persons whom the conservator may engage to aid
the conservator in performing the conservator's duties.
(E) A conservator is subject to Chapter 3772. of the Revised
Code and any rules adopted under that chapter as if the
conservator were a licensed casino operator.
(F) A conservator shall be deemed to be a licensed casino
operator and may perform all acts that the conservator is required
or permitted to perform without approval or other action.
(G) The conservator shall take immediately into possession
all property of the casino facility, including its money,
accounts, books, records, and evidences of debts owed to the
casino operator, and shall continue the business of the casino
facility.
(H) A conservator shall file with the commission reports on
the administration of the casino facility in such form and at such
intervals as the commission may prescribe.
(I)(1) If at any time the court finds that a conservator is
not qualified or available to serve as conservator, the court
shall request from the commission the names of two or more persons
who the commission believes are suitable and qualified to manage
and control a casino facility and are available to serve as a
conservator.
(2) The commission may, at any time after the appointment of
a conservator, petition the court for the removal of the
conservator and the appointment of a new conservator or for the
termination of the conservator.
(J) A conservator shall, before assuming the conservator's
duties, execute and file a bond for the faithful performance of
the conservator's duties payable to the commission with such
surety or sureties and in such form as the commission approves and
in such amount as the commission prescribes.
(K) The commission shall require that the former casino
operator purchase liability insurance, in an amount determined by
the commission, to protect a conservator from liability for any
acts or omissions of the conservator occurring during the duration
of the conservatorship that are reasonably related to, and within
the scope of, the conservator's duties.
(L)(1) The former licensed casino operator has one hundred
eighty days after the date on which the conservator is appointed
to sell the casino facility to another person who satisfies the
requirements of this chapter for obtaining a casino operator's
license and is approved by the commission.
(2) If the person is unable to sell the casino facility in
the time required by division (L)(1) of this section, the
conservator may take any action necessary to sell the casino
facility to another person who satisfies the requirements of this
chapter for obtaining a casino operator's license and is approved
by the commission.
(M) The commission shall direct the court of common pleas to
discontinue a conservatorship when any of the following occurs:
(1) The commission determines that the cause for which the
conservatorship was instituted no longer exists.
(2) The former casino operator or the conservator has with
the approval of the commission, consummated the sale, assignment,
conveyance, or other disposition of the casino facility.
(N) Upon the discontinuation of the conservatorship and with
the approval of the commission, the conservator shall take steps
as may be necessary to affect an orderly transfer of the property
of the former casino operator.
Sec. 3772.34. If any provisions of this chapter or the
application thereof to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of
this chapter or related sections that can be given effect without
the invalid provision or application, and to this end the
provisions are severable.
Sec. 3772.99. (A) The commission shall levy and collect
penalties for noncriminal violations of this chapter. Moneys
collected from such penalty levies shall be credited to the
general revenue fund.
(B) If a licensed casino operator, management company,
holding company, gaming-related vendor, or key employee violates
this chapter or engages in a fraudulent act, the commission may
suspend or revoke the license and may do either or both of the
following:
(1) Suspend, revoke, or restrict the casino gaming operations
of a casino operator;
(2) Require the removal of a management company, key
employee, or discontinuance of services from a gaming-related
vendor.
(C) The commission shall impose civil penalties against a
person who violates this chapter under the schedule of penalties
adopted by the commission and approved by the joint committee on
gaming and wagering.
(D) A person who knowingly or intentionally does any of the
following commits a misdemeanor of the first degree on the first
offense and a felony of the fifth degree for a subsequent offense:
(1) Makes a false statement on an application submitted under
this chapter;
(2) Permits a person less than twenty-one years of age to
make a wager;
(3) Aids, induces, or causes a person less than twenty-one
years of age who is not an employee of the casino gaming operation
to enter or attempt to enter a casino facility;
(4) Enters or attempts to enter a casino facility while under
twenty-one years of age, unless the person enters a designated
area as described in section 3772.24 of the Revised Code;
(5) Wagers or accepts a wager at a location other than a
casino facility;
(6) Is a casino operator or employee and participates in
casino gaming other than as part of operation or employment.
(E) A person who knowingly or intentionally does any of the
following commits a felony of the fifth degree on a first offense
and a felony of the fourth degree for a subsequent offense. If the
person is a licensee under this chapter, the commission shall
revoke the person's license after the first offense.
(1) Offers, promises, or gives anything of value or benefit
to a person who is connected with the casino operator, management
company, holding company, or gaming-related vendor, including
their officers and employees, under an agreement to influence or
with the intent to influence the actions of the person to whom the
offer, promise, or gift was made in order to affect or attempt to
affect the outcome of a casino game or an official action of a
commission member;
(2) Solicits, accepts, or receives a promise of anything of
value or benefit while the person is connected with a casino,
including an officer or employee of a casino operator, management
company, or gaming-related vendor, under an agreement to influence
or with the intent to influence the actions of the person to
affect or attempt to affect the outcome of a casino game or an
official action of a commission member;
(3) Uses or possesses with the intent to use a device to
assist in projecting the outcome of the game, keeping track of the
cards played, analyzing the probability of the occurrence of an
event relating to the casino game, or analyzing the strategy for
playing or betting to be used in the game, except as permitted by
the commission;
(4) Cheats at a casino game;
(5) Manufactures, sells, or distributes any cards, chips,
dice, game, or device that is intended to be used to violate this
chapter;
(6) Alters or misrepresents the outcome of a casino game on
which wagers have been made after the outcome is made sure but
before the outcome is revealed to the players;
(7) Places a wager on the outcome of a casino game after
acquiring knowledge that is not available to all players and
concerns the outcome of the casino game that is the subject of the
wager;
(8) Aids a person in acquiring the knowledge described in
division (E)(7) of this section for the purpose of placing a wager
contingent on the outcome of a casino game;
(9) Claims, collects, takes, or attempts to claim, collect,
or take money or anything of value in or from a casino game with
the intent to defraud or without having made a wager contingent on
winning a casino game;
(10) Claims, collects, or takes an amount of money or thing
of value of greater value than the amount won in a casino game;
(11) Uses or possesses counterfeit chips or tokens in or for
use in a casino game;
(12) Possesses a key or device designed for opening,
entering, or affecting the operation of a casino game, drop box,
or an electronic or a mechanical device connected with the casino
game or removing coins, tokens, chips, or other contents of a
casino game. This division does not apply to a casino operator,
management company, or gaming-related vendor or their agents and
employees in the course of agency or employment.
(13) Possesses materials used to manufacture a slug or device
intended to be used in a manner that violates this chapter;
(14) Operates a casino gaming operation in which wagering is
conducted or is to be conducted in a manner other than the manner
required under this chapter.
(F) The possession of more than one of the devices described
in division (E)(11), (12), or (13) of this section creates a
rebuttable presumption that the possessor intended to use the
devices for cheating.
(G) A person who is convicted of a felony described in this
chapter may be barred for life from entering a casino facility by
the commission.
Sec. 3793.02. (A) The department of alcohol and drug
addiction services shall promote, assist in developing, and
coordinate or conduct programs of education and research for the
prevention of alcohol and drug addiction, the prevention of
gambling addiction, the treatment, including intervention, of
alcoholics and persons who abuse drugs of abuse, including
anabolic steroids, and the treatment, including intervention, of
persons with gambling addictions. Programs established by the
department shall include abstinence-based prevention and treatment
programs.
(B) In addition to the other duties prescribed by this
chapter, the department shall do all of the following:
(1) Promote and coordinate efforts in the provision of
alcohol and drug addiction services and of gambling addiction
services by other state agencies, as defined in section 1.60 of
the Revised Code; courts; hospitals; clinics; physicians in
private practice; public health authorities; boards of alcohol,
drug addiction, and mental health services; alcohol and drug
addiction programs; law enforcement agencies; gambling addiction
programs; and related groups;
(2) Provide for education and training in prevention,
diagnosis, treatment, and control of alcohol and drug addiction
and of gambling addiction for medical students, physicians,
nurses, social workers, professional counselors, psychologists,
and other persons who provide alcohol and drug addiction services
or gambling addiction services;
(3) Provide training and consultation for persons who
supervise alcohol and drug addiction programs and facilities or
gambling addiction programs and facilities;
(4) Develop measures for evaluating the effectiveness of
alcohol and drug addiction services, including services that use
methadone treatment, and of gambling addiction services, and for
increasing the accountability of alcohol and drug addiction
programs and of gambling addiction programs;
(5) Provide to each court of record, and biennially update, a
list of the treatment and education programs within that court's
jurisdiction that the court may require an offender, sentenced
pursuant to section 4511.19 of the Revised Code, to attend;
(6) Make the warning sign described in sections 3313.752,
3345.41, and 3707.50 of the Revised Code available on the
department's internet web site;
(7) Provide a program of gambling addiction services on
behalf of the state lottery commission, pursuant to an agreement
entered into with the director of the commission under division
(K) of section 3770.02 of the Revised Code, and provide a program
of gambling and addiction services on behalf of the Ohio casino
control commission, under an agreement entered into with the
executive director of the commission under section 3772.062 of the
Revised Code. Under Section 6(C)(3) of Article XV, Ohio
Constitution, the department may enter into agreements with county
alcohol, drug addiction, and mental health service districts, and
nonprofit organizations to provide gambling and addiction services
and substance abuse services, and with state institutions of
higher education to perform related research.
(C) The department may accept and administer grants from
public or private sources for carrying out any of the duties
enumerated in this section.
(D) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt a rule defining the term "intervention" as
it is used in this chapter in connection with alcohol and drug
addiction services and in connection with gambling addiction
services. The department may adopt other rules as necessary to
implement the requirements of this chapter.
Sec. 3793.032. The director of alcohol and drug addiction
services shall administer the problem casino gambling and
addictions fund. The director shall use the money in the fund to
support programs that provide gambling addiction services, alcohol
and drug addiction programs that provide alcohol and drug
addiction services, other programs that relate to gambling
addiction and substance abuse, and research that relates to
gambling addiction and substance abuse.
The director shall prepare an annual report describing the
use of the fund for these purposes. The director shall submit the
report to the Ohio casino control commission, the speaker of the
house of representatives, the president of the senate, and the
governor.
Sec. 4301.355. (A) If a petition is filed under section
4301.333 of the Revised Code for the submission of the question or
questions set forth in this section, it shall be held in the
precinct as ordered by the board of elections under that section.
The expense of holding the election shall be charged to the
municipal corporation or township of which the precinct is a part.
(B) At the election, one or more of the following questions,
as designated in a valid petition, shall be submitted to the
electors of the precinct:
(1) "Shall the sale of .......... (insert beer, wine and
mixed beverages, or spirituous liquor) be permitted by ..........
(insert name of applicant, liquor permit holder, or liquor agency
store, including trade or fictitious name under which applicant
for, or holder of, liquor permit or liquor agency store either
intends to do, or does, business at the particular location), an
.......... (insert "applicant for" or "holder of" or "operator
of") a .......... (insert class name of liquor permit or permits
followed by the words "liquor permit(s)" or, if appropriate, the
words "liquor agency store for the State of Ohio"), who is engaged
in the business of .......... (insert general nature of the
business in which applicant or liquor permit holder is engaged or
will be engaged in at the particular location, as described in the
petition) at .......... (insert address of the particular location
within the precinct as set forth in the petition) in this
precinct?"
(2) "Shall the sale of .......... (insert beer, wine and
mixed beverages, or spirituous liquor) be permitted for sale on
Sunday between the hours of .......... (insert "ten a.m. and
midnight" or " eleven a.m. and midnight") by .......... (insert
name of applicant, liquor permit holder, or liquor agency store,
including trade or fictitious name under which applicant for, or
holder of, liquor permit or liquor agency store either intends to
do, or does, business at the particular location), an ......
(insert "applicant for a D-6 liquor permit," "holder of a D-6
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7
liquor permit," if only the approval of beer sales is sought, or
"liquor agency store") who is engaged in the business of
.......... (insert general nature of the business in which
applicant or liquor permit holder is engaged or will be engaged in
at the particular location, as described in the petition) at
.......... (insert address of the particular location within the
precinct) in this precinct?"
(C) The board of elections shall furnish printed ballots at
the election as provided under section 3505.06 of the Revised
Code, except that a separate ballot shall be used for the election
under this section. The question set forth in this section shall
be printed on each ballot, and the board shall insert in the
question appropriate words to complete it. Votes shall be cast as
provided under section 3505.06 of the Revised Code.
Sec. 4301.62. (A) As used in this section:
(1) "Chauffeured limousine" means a vehicle registered under
section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same
meanings as in section 4511.01 of the Revised Code.
(B) No person shall have in the person's possession an opened
container of beer or intoxicating liquor in any of the following
circumstances:
(1) In a state liquor store;
(2) Except as provided in division (C) of this section, on
the premises of the holder of any permit issued by the division of
liquor control;
(3) In any other public place;
(4) Except as provided in division (D) or (E) of this
section, while operating or being a passenger in or on a motor
vehicle on any street, highway, or other public or private
property open to the public for purposes of vehicular travel or
parking;
(5) Except as provided in division (D) or (E) of this
section, while being in or on a stationary motor vehicle on any
street, highway, or other public or private property open to the
public for purposes of vehicular travel or parking.
(C)(1) A person may have in the person's possession an opened
container of any of the following:
(a) Beer or intoxicating liquor that has been lawfully
purchased for consumption on the premises where bought from the
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or
F-8 permit;
(b) Beer, wine, or mixed beverages served for consumption on
the premises by the holder of an F-3 permit or wine served for
consumption on the premises by the holder of an F-4 or F-6 permit;
(c) Beer or intoxicating liquor consumed on the premises of a
convention facility as provided in section 4303.201 of the Revised
Code;
(d) Beer or intoxicating liquor to be consumed during
tastings and samplings approved by rule of the liquor control
commission.
(2) A person may have in the person's possession on an F
liquor permit premises an opened container of beer or intoxicating
liquor that was not purchased from the holder of the F permit if
the premises for which the F permit is issued is a music festival
and the holder of the F permit grants permission for that
possession on the premises during the period for which the F
permit is issued. As used in this division, "music festival" means
a series of outdoor live musical performances, extending for a
period of at least three consecutive days and located on an area
of land of at least forty acres.
(3)(a) A person may have in the person's possession on a D-2
liquor permit premises an opened or unopened container of wine
that was not purchased from the holder of the D-2 permit if the
premises for which the D-2 permit is issued is an outdoor
performing arts center, the person is attending an orchestral
performance, and the holder of the D-2 permit grants permission
for the possession and consumption of wine in certain
predesignated areas of the premises during the period for which
the D-2 permit is issued.
(b) As used in division (C)(3)(a) of this section:
(i) "Orchestral performance" means a concert comprised of a
group of not fewer than forty musicians playing various musical
instruments.
(ii) "Outdoor performing arts center" means an outdoor
performing arts center that is located on not less than eight
hundred acres of land and that is open for performances from the
first day of April to the last day of October of each year.
(4) A person may have in the person's possession an opened or
unopened container of beer or intoxicating liquor at an outdoor
location at which the person is attending an orchestral
performance as defined in division (C)(3)(b)(i) of this section if
the person with supervision and control over the performance
grants permission for the possession and consumption of beer or
intoxicating liquor in certain predesignated areas of that outdoor
location.
(D) This section does not apply to a person who pays all or a
portion of the fee imposed for the use of a chauffeured limousine
pursuant to a prearranged contract, or the guest of the person,
when all of the following apply:
(1) The person or guest is a passenger in the limousine.
(2) The person or guest is located in the limousine, but is
not occupying a seat in the front compartment of the limousine
where the operator of the limousine is located.
(3) The limousine is located on any street, highway, or other
public or private property open to the public for purposes of
vehicular travel or parking.
(E) An opened bottle of wine that was purchased from the
holder of a permit that authorizes the sale of wine for
consumption on the premises where sold is not an opened container
for the purposes of this section if both of the following apply:
(1) The opened bottle of wine is securely resealed by the
permit holder or an employee of the permit holder before the
bottle is removed from the premises. The bottle shall be secured
in such a manner that it is visibly apparent if the bottle has
been subsequently opened or tampered with.
(2) The opened bottle of wine that is resealed in accordance
with division (E)(1) of this section is stored in the trunk of a
motor vehicle or, if the motor vehicle does not have a trunk,
behind the last upright seat or in an area not normally occupied
by the driver or passengers and not easily accessible by the
driver.
Sec. 4303.181. (A) Permit D-5a may be issued either to the
owner or operator of a hotel or motel that is required to be
licensed under section 3731.03 of the Revised Code, that contains
at least fifty rooms for registered transient guests or is owned
by a state institution of higher education as defined in section
3345.011 of the Revised Code or a private college or university,
and that qualifies under the other requirements of this section,
or to the owner or operator of a restaurant specified under this
section, to sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold, and to registered guests
in their rooms, which may be sold by means of a controlled access
alcohol and beverage cabinet in accordance with division (B) of
section 4301.21 of the Revised Code; and to sell the same products
in the same manner and amounts not for consumption on the premises
as may be sold by holders of D-1 and D-2 permits. The premises of
the hotel or motel shall include a retail food establishment or a
food service operation licensed pursuant to Chapter 3717. of the
Revised Code that operates as a restaurant for purposes of this
chapter and that is affiliated with the hotel or motel and within
or contiguous to the hotel or motel, and that serves food within
the hotel or motel, but the principal business of the owner or
operator of the hotel or motel shall be the accommodation of
transient guests. In addition to the privileges authorized in this
division, the holder of a D-5a permit may exercise the same
privileges as the holder of a D-5 permit.
The owner or operator of a hotel, motel, or restaurant who
qualified for and held a D-5a permit on August 4, 1976, may, if
the owner or operator held another permit before holding a D-5a
permit, either retain a D-5a permit or apply for the permit
formerly held, and the division of liquor control shall issue the
permit for which the owner or operator applies and formerly held,
notwithstanding any quota.
A D-5a permit shall not be transferred to another location.
No quota restriction shall be placed on the number of D-5a permits
that may be issued.
The fee for this permit is two thousand three hundred
forty-four dollars.
(B) Permit D-5b may be issued to the owner, operator, tenant,
lessee, or occupant of an enclosed shopping center to sell beer
and intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold; and to sell the same products in the same manner and
amount not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized in this division, the holder of a D-5b permit may
exercise the same privileges as a holder of a D-5 permit.
A D-5b permit shall not be transferred to another location.
One D-5b permit may be issued at an enclosed shopping center
containing at least two hundred twenty-five thousand, but less
than four hundred thousand, square feet of floor area.
Two D-5b permits may be issued at an enclosed shopping center
containing at least four hundred thousand square feet of floor
area. No more than one D-5b permit may be issued at an enclosed
shopping center for each additional two hundred thousand square
feet of floor area or fraction of that floor area, up to a maximum
of five D-5b permits for each enclosed shopping center. The number
of D-5b permits that may be issued at an enclosed shopping center
shall be determined by subtracting the number of D-3 and D-5
permits issued in the enclosed shopping center from the number of
D-5b permits that otherwise may be issued at the enclosed shopping
center under the formulas provided in this division. Except as
provided in this section, no quota shall be placed on the number
of D-5b permits that may be issued. Notwithstanding any quota
provided in this section, the holder of any D-5b permit first
issued in accordance with this section is entitled to its renewal
in accordance with section 4303.271 of the Revised Code.
The holder of a D-5b permit issued before April 4, 1984,
whose tenancy is terminated for a cause other than nonpayment of
rent, may return the D-5b permit to the division of liquor
control, and the division shall cancel that permit. Upon
cancellation of that permit and upon the permit holder's payment
of taxes, contributions, premiums, assessments, and other debts
owing or accrued upon the date of cancellation to this state and
its political subdivisions and a filing with the division of a
certification of that payment, the division shall issue to that
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as
that person requests. The division shall issue the D-5 permit, or
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,
D-3, or D-5 permits currently issued in the municipal corporation
or in the unincorporated area of the township where that person's
proposed premises is located equals or exceeds the maximum number
of such permits that can be issued in that municipal corporation
or in the unincorporated area of that township under the
population quota restrictions contained in section 4303.29 of the
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not
be transferred to another location. If a D-5b permit is canceled
under the provisions of this paragraph, the number of D-5b permits
that may be issued at the enclosed shopping center for which the
D-5b permit was issued, under the formula provided in this
division, shall be reduced by one if the enclosed shopping center
was entitled to more than one D-5b permit under the formula.
The fee for this permit is two thousand three hundred
forty-four dollars.
(C) Permit D-5c may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
pursuant to Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that qualifies under
the other requirements of this section to sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and to sell the same products in the same manner and
amounts not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized in this division, the holder of a D-5c permit may
exercise the same privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a
retail food establishment or a food service operation licensed
pursuant to Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter, shall have operated the
restaurant at the proposed premises for not less than twenty-four
consecutive months immediately preceding the filing of the
application for the permit, have applied for a D-5 permit no later
than December 31, 1988, and appear on the division's quota waiting
list for not less than six months immediately preceding the filing
of the application for the permit. In addition to these
requirements, the proposed D-5c permit premises shall be located
within a municipal corporation and further within an election
precinct that, at the time of the application, has no more than
twenty-five per cent of its total land area zoned for residential
use.
A D-5c permit shall not be transferred to another location.
No quota restriction shall be placed on the number of such permits
that may be issued.
Any person who has held a D-5c permit for at least two years
may apply for a D-5 permit, and the division of liquor control
shall issue the D-5 permit notwithstanding the quota restrictions
contained in section 4303.29 of the Revised Code or in any rule of
the liquor control commission.
The fee for this permit is one thousand five hundred
sixty-three dollars.
(D) Permit D-5d may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
pursuant to Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that is located at an
airport operated by a board of county commissioners pursuant to
section 307.20 of the Revised Code, at an airport operated by a
port authority pursuant to Chapter 4582. of the Revised Code, or
at an airport operated by a regional airport authority pursuant to
Chapter 308. of the Revised Code. The holder of a D-5d permit may
sell beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold, and may sell the same products in the
same manner and amounts not for consumption on the premises where
sold as may be sold by the holders of D-1 and D-2 permits. In
addition to the privileges authorized in this division, the holder
of a D-5d permit may exercise the same privileges as the holder of
a D-5 permit.
A D-5d permit shall not be transferred to another location.
No quota restrictions shall be placed on the number of such
permits that may be issued.
The fee for this permit is two thousand three hundred
forty-four dollars.
(E) Permit D-5e may be issued to any nonprofit organization
that is exempt from federal income taxation under the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as
amended, or that is a charitable organization under any chapter of
the Revised Code, and that owns or operates a riverboat that meets
all of the following:
(1) Is permanently docked at one location;
(2) Is designated as an historical riverboat by the Ohio
historical society;
(3) Contains not less than fifteen hundred square feet of
floor area;
(4) Has a seating capacity of fifty or more persons.
The holder of a D-5e permit may sell beer and intoxicating
liquor at retail, only by the individual drink in glass and from
the container, for consumption on the premises where sold.
A D-5e permit shall not be transferred to another location.
No quota restriction shall be placed on the number of such permits
that may be issued. The population quota restrictions contained in
section 4303.29 of the Revised Code or in any rule of the liquor
control commission shall not apply to this division, and the
division shall issue a D-5e permit to any applicant who meets the
requirements of this division. However, the division shall not
issue a D-5e permit if the permit premises or proposed permit
premises are located within an area in which the sale of
spirituous liquor by the glass is prohibited.
The fee for this permit is one thousand two hundred nineteen
dollars.
(F) Permit D-5f may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that meets all of the
following:
(1) It contains not less than twenty-five hundred square feet
of floor area.
(2) It is located on or in, or immediately adjacent to, the
shoreline of, a navigable river.
(3) It provides docking space for twenty-five boats.
(4) It provides entertainment and recreation, provided that
not less than fifty per cent of the business on the permit
premises shall be preparing and serving meals for a consideration.
In addition, each application for a D-5f permit shall be
accompanied by a certification from the local legislative
authority that the issuance of the D-5f permit is not inconsistent
with that political subdivision's comprehensive development plan
or other economic development goal as officially established by
the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating
liquor at retail, only by the individual drink in glass and from
the container, for consumption on the premises where sold.
A D-5f permit shall not be transferred to another location.
The division of liquor control shall not issue a D-5f permit
if the permit premises or proposed permit premises are located
within an area in which the sale of spirituous liquor by the glass
is prohibited.
A fee for this permit is two thousand three hundred
forty-four dollars.
As used in this division, "navigable river" means a river
that is also a "navigable water" as defined in the "Federal Power
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.
(G) Permit D-5g may be issued to a nonprofit corporation that
is either the owner or the operator of a national professional
sports museum. The holder of a D-5g permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold. The holder of a D-5g permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m. A D-5g permit shall not be transferred to another
location. No quota restrictions shall be placed on the number of
D-5g permits that may be issued. The fee for this permit is one
thousand eight hundred seventy-five dollars.
(H)(1) Permit D-5h may be issued to any nonprofit
organization that is exempt from federal income taxation under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that owns or operates any of the following:
(a) A fine arts museum, provided that the nonprofit
organization has no less than one thousand five hundred bona fide
members possessing full membership privileges;
(b) A community arts center. As used in division (H)(1)(b) of
this section, "community arts center" means a facility that
provides arts programming to the community in more than one arts
discipline, including, but not limited to, exhibits of works of
art and performances by both professional and amateur artists.
(c) A community theater, provided that the nonprofit
organization is a member of the Ohio arts council and the American
community theatre association and has been in existence for not
less than ten years. As used in division (H)(1)(c) of this
section, "community theater" means a facility that contains at
least one hundred fifty seats and has a primary function of
presenting live theatrical performances and providing recreational
opportunities to the community.
(2) The holder of a D-5h permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold. The holder of a D-5h permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m. A D-5h permit shall not be transferred to another
location. No quota restrictions shall be placed on the number of
D-5h permits that may be issued.
(3) The fee for a D-5h permit is one thousand eight hundred
seventy-five dollars.
(I) Permit D-5i may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that meets all of the
following requirements:
(1) It is located in a municipal corporation or a township
with a population of one hundred thousand or less.
(2) It has inside seating capacity for at least one hundred
forty persons.
(3) It has at least four thousand square feet of floor area.
(4) It offers full-course meals, appetizers, and sandwiches.
(5) Its receipts from beer and liquor sales, excluding wine
sales, do not exceed twenty-five per cent of its total gross
receipts.
(6) It has at least one of the following characteristics:
(a) The value of its real and personal property exceeds seven
hundred twenty-five thousand dollars.
(b) It is located on property that is owned or leased by the
state or a state agency, and its owner or operator has
authorization from the state or the state agency that owns or
leases the property to obtain a D-5i permit.
The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to
the privileges authorized in this division, the holder of a D-5i
permit may exercise the same privileges as the holder of a D-5
permit.
A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i permit
unless the retail food establishment or food service operation for
which it is issued continues to meet the requirements described in
divisions (I)(1) to (6) of this section. No quota restrictions
shall be placed on the number of D-5i permits that may be issued.
The fee for the D-5i permit is two thousand three hundred
forty-four dollars.
(J)(1) Permit D-5j may be issued to the owner or the operator
of a retail food establishment or a food service operation
licensed under Chapter 3717. of the Revised Code to sell beer and
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold and to sell beer and intoxicating liquor in the same
manner and amounts not for consumption on the premises where sold
as may be sold by the holders of D-1 and D-2 permits. The holder
of a D-5j permit may exercise the same privileges, and shall
observe the same hours of operation, as the holder of a D-5
permit.
(2) The D-5j permit shall be issued only within a community
entertainment district that is designated under section 4301.80 of
the Revised Code and that meets one of the following
qualifications:
(a) It is located in a municipal corporation with a
population of at least one hundred thousand.
(b) It is located in a municipal corporation with a
population of at least twenty thousand, and either of the
following applies:
(i) It contains an amusement park the rides of which have
been issued a permit by the department of agriculture under
Chapter 1711. of the Revised Code.
(ii) Not less than fifty million dollars will be invested in
development and construction in the community entertainment
district's area located in the municipal corporation.
(c) It is located in a township with a population of at least
forty thousand.
(d) It is located in a municipal corporation with a
population of at least ten thousand, and not less than seventy
million dollars will be invested in development and construction
in the community entertainment district's area located in the
municipal corporation.
(e) It is located in a municipal corporation with a
population of at least five thousand, and not less than one
hundred million dollars will be invested in development and
construction in the community entertainment district's area
located in the municipal corporation.
(3) The location of a D-5j permit may be transferred only
within the geographic boundaries of the community entertainment
district in which it was issued and shall not be transferred
outside the geographic boundaries of that district.
(4) Not more than one D-5j permit shall be issued within each
community entertainment district for each five acres of land
located within the district. Not more than fifteen D-5j permits
may be issued within a single community entertainment district.
Except as otherwise provided in division (J)(4) of this section,
no quota restrictions shall be placed upon the number of D-5j
permits that may be issued.
(5) The fee for a D-5j permit is two thousand three hundred
forty-four dollars.
(K)(1) Permit D-5k may be issued to any nonprofit
organization that is exempt from federal income taxation under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that is the owner or operator of a
botanical garden recognized by the American association of
botanical gardens and arboreta, and that has not less than
twenty-five hundred bona fide members.
(2) The holder of a D-5k permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, on the premises where sold.
(3) The holder of a D-5k permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m.
(4) A D-5k permit shall not be transferred to another
location.
(5) No quota restrictions shall be placed on the number of
D-5k permits that may be issued.
(6) The fee for the D-5k permit is one thousand eight hundred
seventy-five dollars.
(L)(1) Permit D-5l may be issued to the owner or the operator
of a retail food establishment or a food service operation
licensed under Chapter 3717. of the Revised Code to sell beer and
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold and to sell beer and intoxicating liquor in the same
manner and amounts not for consumption on the premises where sold
as may be sold by the holders of D-1 and D-2 permits. The holder
of a D-5l permit may exercise the same privileges, and shall
observe the same hours of operation, as the holder of a D-5
permit.
(2) The D-5l permit shall be issued only to a premises that
has gross annual receipts from the sale of food and meals that
constitute not less than seventy-five per cent of its total gross
annual receipts, that is located within a revitalization district
that is designated under section 4301.81 of the Revised Code, that
is located in a municipal corporation or township in which the
number of D-5 permits issued equals or exceeds the number of those
permits that may be issued in that municipal corporation or
township under section 4303.29 of the Revised Code, and that is
located in a county with a population of one hundred twenty-five
thousand or less according to the population estimates certified
by the department of development for calendar year 2006.
(3) The location of a D-5l permit may be transferred only
within the geographic boundaries of the revitalization district in
which it was issued and shall not be transferred outside the
geographic boundaries of that district.
(4) Not more than one D-5l permit shall be issued within each
revitalization district for each five acres of land located within
the district. Not more than five D-5l permits may be issued within
a single revitalization district. Except as otherwise provided in
division (L)(4) of this section, no quota restrictions shall be
placed upon the number of D-5l permits that may be issued.
(5) The fee for a D-5l permit is two thousand three hundred
forty-four dollars.
(M) Permit D-5m may be issued to either the owner or the
operator of a retail food establishment or food service operation
licensed under Chapter 3717. of the Revised Code that operates as
a restaurant for purposes of this chapter and that is located in,
or affiliated with, a center for the preservation of wild animals
as defined in section 4301.404 of the Revised Code, to sell beer
and any intoxicating liquor at retail, only by the glass and from
the container, for consumption on the premises where sold, and to
sell the same products in the same manner and amounts not for
consumption on the premises as may be sold by the holders of D-1
and D-2 permits. In addition to the privileges authorized by this
division, the holder of a D-5m permit may exercise the same
privileges as the holder of a D-5 permit.
A D-5m permit shall not be transferred to another location.
No quota restrictions shall be placed on the number of D-5m
permits that may be issued. The fee for a permit D-5m is two
thousand three hundred forty-four dollars.
(N) Permit D-5n shall be issued to either a casino operator
or a casino management company licensed under Chapter 3772. of the
Revised Code that operates a casino facility under that chapter,
to sell beer, intoxicating liquor, wine, and mixed beverages at
retail, only by the glass and from the container, for consumption
on the premises where sold, and to sell the same products in the
same manner and amounts not for consumption on the premises as may
be sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized by this division, the holder of a D-5n
permit may exercise the same privileges as the holder of a D-5
permit. A D-5n permit shall not be transferred to another
location. Only one D-5n permit may be issued per casino facility
and not more than four D-5n permits shall be issued in this state.
The fee for a permit D-5n shall be twenty-five thousand dollars.
The holder of a D-5n permit may conduct casino gaming on the
permit premises notwithstanding any provision of the Revised Code
or Administrative Code.
(O) Permit D-5o may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that is located within
a casino facility for which a D-5n permit has been issued. The
holder of a D-5o permit may sell beer and any intoxicating liquor
at retail, only by the glass and from the container, for
consumption on the premises where sold, and may sell the same
products in the same manner and amounts not for consumption on the
premises where sold as may be sold by the holders of D-1 and D-2
permits. In addition to the privileges authorized by this
division, the holder of a D-5o permit may exercise the same
privileges as the holder of a D-5 permit. A D-5o permit shall not
be transferred to another location. No quota restrictions shall be
placed on the number of such permits that may be issued. The fee
for this permit is two thousand three hundred forty-four thousand
dollars.
Sec. 4303.182. (A) Except as otherwise provided in divisions
(B) to (J) of this section, permit D-6 shall be issued to the
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under
that permit as follows:
(1) Between the hours of ten a.m. and midnight on Sunday if
sale during those hours has been approved under question (C)(1),
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,
under question (B)(2) of section 4301.355 of the Revised Code, or
under section 4301.356 of the Revised Code and has been authorized
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the
Revised Code, under the restrictions of that authorization;
(2) Between the hours of eleven a.m. and midnight on Sunday,
if sale during those hours has been approved on or after the
effective date of this amendment under question (B)(1), (2), or
(3) of section 4301.351 or 4301.354 of the Revised Code, under
question (B)(2) of section 4301.355 of the Revised Code, or under
section 4301.356 of the Revised Code and has been authorized under
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised
Code, under the restrictions of that authorization;
(3) Between the hours of eleven a.m. and midnight on Sunday
if sale between the hours of one p.m. and midnight was approved
before the effective date of this amendment under question (B)(1),
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,
under question (B)(2) of section 4301.355 of the Revised Code, or
under section 4301.356 of the Revised Code and has been authorized
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the
Revised Code, under the other restrictions of that authorization.
(B) Permit D-6 shall be issued to the holder of any permit,
including a D-4a and D-5d permit, authorizing the sale of
intoxicating liquor issued for a premises located at any publicly
owned airport, as defined in section 4563.01 of the Revised Code,
at which commercial airline companies operate regularly scheduled
flights on which space is available to the public, to allow sale
under such permit between the hours of ten a.m. and midnight on
Sunday, whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(C) Permit D-6 shall be issued to the holder of a D-5a
permit, and to the holder of a D-3 or D-3a permit who is the owner
or operator of a hotel or motel that is required to be licensed
under section 3731.03 of the Revised Code, that contains at least
fifty rooms for registered transient guests, and that has on its
premises a retail food establishment or a food service operation
licensed pursuant to Chapter 3717. of the Revised Code that
operates as a restaurant for purposes of this chapter and is
affiliated with the hotel or motel and within or contiguous to the
hotel or motel and serving food within the hotel or motel, to
allow sale under such permit between the hours of ten a.m. and
midnight on Sunday, whether or not that sale has been authorized
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the
Revised Code.
(D) The holder of a D-6 permit that is issued to a sports
facility may make sales under the permit between the hours of
eleven a.m. and midnight on any Sunday on which a professional
baseball, basketball, football, hockey, or soccer game is being
played at the sports facility. As used in this division, "sports
facility" means a stadium or arena that has a seating capacity of
at least four thousand and that is owned or leased by a
professional baseball, basketball, football, hockey, or soccer
franchise or any combination of those franchises.
(E) Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of beer or intoxicating liquor and that
is issued to a premises located in or at the Ohio historical
society area or the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(F) Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of intoxicating liquor and that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361 of the Revised Code. A D-6 permit issued under this
division is subject to the results of an election, held after the
D-6 permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code. Following the end of the period
during which an election may be held on question (B)(4) as set
forth in that section, sales of intoxicating liquor may continue
at an outdoor performing arts center under a D-6 permit issued
under this division, unless an election on that question is held
during the permitted period and a majority of the voters voting in
the precinct on that question vote "no."
As used in this division, "outdoor performing arts center"
means an outdoor performing arts center that is located on not
less than eight hundred acres of land and that is open for
performances from the first day of April to the last day of
October of each year.
(G) Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of beer or intoxicating liquor and that
is issued to a golf course owned by the state, a conservancy
district, a park district created under Chapter 1545. of the
Revised Code, or another political subdivision to allow sale under
that permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(H) Permit D-6 shall be issued to the holder of a D-5g permit
to allow sale under that permit between the hours of ten a.m. and
midnight on Sunday, whether or not that sale has been authorized
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the
Revised Code.
(I) Permit D-6 shall be issued to the holder of any D permit
for a premises that is licensed under Chapter 3717. of the Revised
Code and that is located at a ski area to allow sale under the D-6
permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
As used in this division, "ski area" means a ski area as
defined in section 4169.01 of the Revised Code, provided that the
passenger tramway operator at that area is registered under
section 4169.03 of the Revised Code.
(J) Permit D-6 shall be issued to the holder of any permit
that is described in division (A) of this section for a permit
premises that is located in a community entertainment district, as
defined in section 4301.80 of the Revised Code, that was approved
by the legislative authority of a municipal corporation under that
section between October 1 and October 15, 2005, to allow sale
under the permit between the hours of ten a.m. and midnight on
Sunday, whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(K) If the restriction to licensed premises where the sale of
food and other goods and services exceeds fifty per cent of the
total gross receipts of the permit holder at the premises is
applicable, the division of liquor control may accept an affidavit
from the permit holder to show the proportion of the permit
holder's gross receipts derived from the sale of food and other
goods and services. If the liquor control commission determines
that affidavit to have been false, it shall revoke the permits of
the permit holder at the premises concerned.
(L) The fee for the D-6 permit is five hundred dollars when
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,
D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee
for the D-6 permit is four hundred dollars when it is issued to
the holder of a C-2 permit.
Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,
D-5l, D-5m, D-5n, D-5o, or D-6 permit shall be exercised at not
more than two fixed counters, commonly known as bars, in rooms or
places on the permit premises, where beer, mixed beverages, wine,
or spirituous liquor is sold to the public for consumption on the
premises. For each additional fixed counter on the permit premises
where those beverages are sold for consumption on the premises,
the permit holder shall obtain a duplicate D-2, D-3, D-3a, D-4,
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,
D-5l, D-5m, D-5n, D-5o, or D-6 permit.
The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o,
or D-6 permit shall be granted, upon application to the division
of liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,
D-5n, D-5o, or D-6 permit for each additional fixed counter on the
permit premises at which beer, mixed beverages, wine, or
spirituous liquor is sold for consumption on the premises,
provided the application is made in the same manner as an
application for an original permit. The application shall be
identified with DUPLICATE printed on the permit application form
furnished by the department, in boldface type. The application
shall identify by name, or otherwise amply describe, the room or
place on the premises where the duplicate permit is to be
operative. Each duplicate permit shall be issued only to the same
individual, firm, or corporation as that of the original permit
and shall be an exact duplicate in size and word content as the
original permit, except that it shall show on it the name or other
ample identification of the room, or place, for which it is issued
and shall have DUPLICATE printed on it in boldface type. A
duplicate permit shall bear the same number as the original
permit. The fee for a duplicate permit is: D-1, one hundred
dollars; D-2, one hundred dollars; D-3, four hundred dollars;
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty
dollars; D-5f, one thousand dollars; D-5o, one thousand dollars;
D-6, one hundred dollars when issued to the holder of a D-4a
permit; and in all other cases one hundred dollars or an amount
which is twenty per cent of the fees payable for the A-1-A, D-2,
D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, and D-6 permits issued to the
same premises, whichever is higher. Application for a duplicate
permit may be filed any time during the life of an original
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,
D-5n, D-5o, or D-6 permit shall be paid in accordance with section
4303.24 of the Revised Code.
Sec. 5502.03. (A) There is hereby created in the department
of public safety a division of homeland security.
(B) The division shall do all of the following:
(1) Coordinate all homeland security activities of all state
agencies and be the liaison between state agencies and local
entities for the purposes of communicating homeland security
funding and policy initiatives;
(2) Collect, analyze, maintain, and disseminate information
to support local, state, and federal law enforcement agencies,
other government agencies, and private organizations in detecting,
deterring, preventing, preparing for, responding to, and
recovering from threatened or actual terrorist events. This
information is not a public record pursuant to section 149.43 of
the Revised Code.
(3) Coordinate efforts of state and local governments and
private organizations to enhance the security and protection of
critical infrastructure, including casino facilities, and key
assets in this state;
(4) Develop and coordinate policies, protocols, and
strategies that may be used to prevent, detect, prepare for,
respond to, and recover from terrorist acts or threats;
(5) Develop, update, and coordinate the implementation of an
Ohio homeland security strategic plan that will guide state and
local governments in the achievement of homeland security in this
state.
(C) The director of public safety shall appoint an executive
director, who shall be head of the division of homeland security
and who regularly shall advise the governor and the director on
matters pertaining to homeland security. The executive director
shall serve at the pleasure of the director of public safety. To
carry out the duties assigned under this section, the executive
director, subject to the direction and control of the director of
public safety, may appoint and maintain necessary staff and may
enter into any necessary agreements.
(D) Except as otherwise provided by law, nothing in this
section shall be construed to give the director of public safety
or the executive director of the division of homeland security
authority over the incident management structure or
responsibilities of local emergency response personnel.
(E) There is hereby created in the state treasury the
homeland security fund. The fund shall consist of sixty cents of
each fee collected under sections 4501.34, 4503.26, 4506.08, and
4509.05 of the Revised Code as specified in those sections, plus
on and after October 1, 2009, sixty cents of each fee collected
under sections 4505.14 and 4519.63 of the Revised Code as
specified in those sections. The fund shall be used to pay the
expenses of administering the law relative to the powers and
duties of the executive director of the division of homeland
security, except that the director of budget and management may
transfer excess money from the homeland security fund to the state
highway safety fund if the director of public safety determines
that the amount of money in the homeland security fund exceeds the
amount required to cover such costs incurred by the division of
homeland security and requests the director of budget and
management to make the transfer.
Sec. 5703.052. (A) There is hereby created in the state
treasury the tax refund fund, from which refunds shall be paid for
taxes illegally or erroneously assessed or collected, or for any
other reason overpaid, that are levied by Chapter 4301., 4305.,
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,
5749., or 5751., or 5753. and sections 3737.71, 3905.35, 3905.36,
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811
of the Revised Code. Refunds for fees illegally or erroneously
assessed or collected, or for any other reason overpaid, that are
levied by sections 3734.90 to 3734.9014 of the Revised Code also
shall be paid from the fund. Refunds for amounts illegally or
erroneously assessed or collected by the tax commissioner, or for
any other reason overpaid, that are due under section 1509.50 of
the Revised Code shall be paid from the fund. However, refunds for
taxes levied under section 5739.101 of the Revised Code shall not
be paid from the tax refund fund, but shall be paid as provided in
section 5739.104 of the Revised Code.
(B)(1) Upon certification by the tax commissioner to the
treasurer of state of a tax refund, a fee refund, or an other
amount refunded, or by the superintendent of insurance of a
domestic or foreign insurance tax refund, the treasurer of state
shall place the amount certified to the credit of the fund. The
certified amount transferred shall be derived from current
receipts of the same tax, fee, or other amount from which the
refund arose. If current receipts from the tax, fee, or other
amount from which the refund arose are inadequate to make the
transfer of the amount so certified, the treasurer of state shall
transfer such certified amount from current receipts of the sales
tax levied by section 5739.02 of the Revised Code.
(2) When the treasurer of state provides for the payment of a
refund of a tax, fee, or other amount from the current receipts of
the sales tax, and the refund is for a tax, fee, or other amount
that is not levied by the state, the tax commissioner shall
recover the amount of that refund from the next distribution of
that tax, fee, or other amount that otherwise would be made to the
taxing jurisdiction. If the amount to be recovered would exceed
twenty-five per cent of the next distribution of that tax, fee, or
other amount, the commissioner may spread the recovery over more
than one future distribution, taking into account the amount to be
recovered and the amount of the anticipated future distributions.
In no event may the commissioner spread the recovery over a period
to exceed twenty-four months.
Sec. 5703.19. (A) To carry out the purposes of the laws that
the tax commissioner is required to administer, the commissioner
or any person employed by the commissioner for that purpose, upon
demand, may inspect books, accounts, records, and memoranda of any
person or public utility subject to those laws, and may examine
under oath any officer, agent, or employee of that person or
public utility. Any person other than the commissioner who makes a
demand pursuant to this section shall produce the person's
authority to make the inspection.
(B) If a person or public utility receives at least ten days'
written notice of a demand made under division (A) of this section
and refuses to comply with that demand, a penalty of five hundred
dollars shall be imposed upon the person or public utility for
each day the person or public utility refuses to comply with the
demand. Penalties imposed under this division may be assessed and
collected in the same manner as assessments made under Chapter
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,
5747., 5749., or 5751., or 5753., or sections 3734.90 to
3734.9014, of the Revised Code.
Sec. 5703.21. (A) Except as provided in divisions (B) and
(C) of this section, no agent of the department of taxation,
except in the agent's report to the department or when called on
to testify in any court or proceeding, shall divulge any
information acquired by the agent as to the transactions,
property, or business of any person while acting or claiming to
act under orders of the department. Whoever violates this
provision shall thereafter be disqualified from acting as an
officer or employee or in any other capacity under appointment or
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 of
the Revised Code, or an audit of the department pursuant to
Chapter 117. of the Revised Code, or an audit, pursuant to that
chapter, the objective of which is to express an opinion on a
financial report or statement prepared or issued pursuant to
division (A)(7) or (9) of section 126.21 of the Revised Code, the
officers and employees of the auditor of state charged with
conducting the audit shall have access to and the right to examine
any state tax returns and state tax return information in the
possession of the department to the extent that the access and
examination are necessary for purposes of the audit. Any
information acquired as the result of that access and examination
shall not be divulged for any purpose other than as required for
the audit or unless the officers and employees are required to
testify in a court or proceeding under compulsion of legal
process. Whoever violates this provision shall thereafter be
disqualified from acting as an officer or employee or in any other
capacity under appointment or employment of the auditor of state.
(2) For purposes of an internal audit pursuant to section
126.45 of the Revised Code, the officers and employees of the
office of internal auditing in the office of budget and management
charged with conducting the internal audit shall have access to
and the right to examine any state tax returns and state tax
return information in the possession of the department to the
extent that the access and examination are necessary for purposes
of the internal audit. Any information acquired as the result of
that access and examination shall not be divulged for any purpose
other than as required for the internal audit or unless the
officers and employees are required to testify in a court or
proceeding under compulsion of legal process. Whoever violates
this provision shall thereafter be disqualified from acting as an
officer or employee or in any other capacity under appointment or
employment of the office of internal auditing.
(3) As provided by section 6103(d)(2) of the Internal Revenue
Code, any federal tax returns or federal tax information that the
department has acquired from the internal revenue service, through
federal and state statutory authority, may be disclosed to the
auditor of state or the office of internal auditing solely for
purposes of an audit of the department.
(4) For purposes of Chapter 3739. of the Revised Code, an
agent of the department of taxation may share information with the
division of state fire marshal that the agent finds during the
course of an investigation.
(C) Division (A) of this section does not prohibit any of the
following:
(1) Divulging information contained in applications,
complaints, and related documents filed with the department under
section 5715.27 of the Revised Code or in applications filed with
the department under section 5715.39 of the Revised Code;
(2) Providing information to the office of child support
within the department of job and family services pursuant to
section 3125.43 of the Revised Code;
(3) Disclosing to the board of motor vehicle collision repair
registration any information in the possession of the department
that is necessary for the board to verify the existence of an
applicant's valid vendor's license and current state tax
identification number under section 4775.07 of the Revised Code;
(4) Providing information to the administrator of workers'
compensation pursuant to sections 4123.271 and 4123.591 of the
Revised Code;
(5) Providing to the attorney general information the
department obtains under division (J) of section 1346.01 of the
Revised Code;
(6) Permitting properly authorized officers, employees, or
agents of a municipal corporation from inspecting reports or
information pursuant to rules adopted under section 5745.16 of the
Revised Code;
(7) Providing information regarding the name, account number,
or business address of a holder of a vendor's license issued
pursuant to section 5739.17 of the Revised Code, a holder of a
direct payment permit issued pursuant to section 5739.031 of the
Revised Code, or a seller having a use tax account maintained
pursuant to section 5741.17 of the Revised Code, or information
regarding the active or inactive status of a vendor's license,
direct payment permit, or seller's use tax account;
(8) Releasing invoices or invoice information furnished under
section 4301.433 of the Revised Code pursuant to that section;
(9) Providing to a county auditor notices or documents
concerning or affecting the taxable value of property in the
county auditor's county. Unless authorized by law to disclose
documents so provided, the county auditor shall not disclose such
documents;
(10) Providing to a county auditor sales or use tax return or
audit information under section 333.06 of the Revised Code;
(11) Subject to section 4301.441 of the Revised Code,
disclosing to the appropriate state agency information in the
possession of the department of taxation that is necessary to
verify a permit holder's gallonage or noncompliance with taxes
levied under Chapter 4301. or 4305. of the Revised Code;
(12) Disclosing to the department of natural resources
information in the possession of the department that is necessary
to verify the taxpayer's compliance with division (A)(1), (8), or
(9) of section 5749.02 of the Revised Code and information
received pursuant to section 1509.50 of the Revised Code
concerning the amount due under that section;
(13) Disclosing to the department of job and family services,
industrial commission, and bureau of workers' compensation
information in the possession of the department of taxation solely
for the purpose of identifying employers that misclassify
employees as independent contractors or that fail to properly
report and pay employer tax liabilities. The department of
taxation shall disclose only such information that is necessary to
verify employer compliance with law administered by those
agencies.
(14) Disclosing to the Ohio casino control commission
information in the possession of the department of taxation that
is necessary to verify a taxpayer's compliance with section
5753.02 of the Revised Code and sections related thereto.
Sec. 5703.70. (A) On the filing of an application for refund
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,
5749.08, or 5751.08, or 5753.06 of the Revised Code, or an
application for compensation under section 5739.061 of the Revised
Code, if the tax commissioner determines that the amount of the
refund or compensation to which the applicant is entitled is less
than the amount claimed in the application, the commissioner shall
give the applicant written notice by ordinary mail of the amount.
The notice shall be sent to the address shown on the application
unless the applicant notifies the commissioner of a different
address. The applicant shall have sixty days from the date the
commissioner mails the notice to provide additional information to
the commissioner or request a hearing, or both.
(B) If the applicant neither requests a hearing nor provides
additional information to the tax commissioner within the time
prescribed by division (A) of this section, the commissioner shall
take no further action, and the refund or compensation amount
denied becomes final.
(C)(1) If the applicant requests a hearing within the time
prescribed by division (A) of this section, the tax commissioner
shall assign a time and place for the hearing and notify the
applicant of such time and place, but the commissioner may
continue the hearing from time to time as necessary. After the
hearing, the commissioner may make such adjustments to the refund
or compensation as the commissioner finds proper, and shall issue
a final determination thereon.
(2) If the applicant does not request a hearing, but provides
additional information, within the time prescribed by division (A)
of this section, the commissioner shall review the information,
make such adjustments to the refund or compensation as the
commissioner finds proper, and issue a final determination
thereon.
(3) The commissioner shall serve a copy of the final
determination made under division (C)(1) or (2) of this section on
the applicant in the manner provided in section 5703.37 of the
Revised Code, and the decision is final, subject to appeal under
section 5717.02 of the Revised Code.
(D) The tax commissioner shall certify to the director of
budget and management and treasurer of state for payment from the
tax refund fund created by section 5703.052 of the Revised Code,
the amount of the refund to be refunded under division (B) or (C)
of this section. The commissioner also shall certify to the
director and treasurer of state for payment from the general
revenue fund the amount of compensation to be paid under division
(B) or (C) of this section.
Sec. 5747.02. (A) For the purpose of providing revenue for
the support of schools and local government functions, to provide
relief to property taxpayers, to provide revenue for the general
revenue fund, and to meet the expenses of administering the tax
levied by this chapter, there is hereby levied on every
individual, trust, and estate residing in or earning or receiving
income in this state, on every individual, trust, and estate
earning or receiving lottery winnings, prizes, or awards pursuant
to Chapter 3770. of the Revised Code, on every individual, trust,
and estate earning or receiving winnings on casino gaming, and on
every individual, trust, and estate otherwise having nexus with or
in this state under the Constitution of the United States, an
annual tax measured in the case of individuals by Ohio adjusted
gross income less an exemption for the taxpayer, the taxpayer's
spouse, and each dependent as provided in section 5747.025 of the
Revised Code; measured in the case of trusts by modified Ohio
taxable income under division (D) of this section; and measured in
the case of estates by Ohio taxable income. The tax imposed by
this section on the balance thus obtained is hereby levied as
follows:
(1) For taxable years beginning in 2004:
OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.743% |
More than $5,000 but not more than $10,000 |
|
$37.15 plus 1.486% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$111.45 plus 2.972% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$260.05 plus 3.715% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$445.80 plus 4.457% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,337.20 plus 5.201% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,417.60 plus 5.943% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,606.20 plus 6.9% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,506.20 plus 7.5% of the amount in excess of $200,000 |
(2) For taxable years beginning in 2005:
OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.712% |
More than $5,000 but not more than $10,000 |
|
$35.60 plus 1.424% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$106.80 plus 2.847% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$249.15 plus 3.559% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$427.10 plus 4.27% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,281.10 plus 4.983% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,274.30 plus 5.693% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,412.90 plus 6.61% of the amount in excess of $100,000 |
More than $200,000 |
|
$11,022.90 plus 7.185% of the amount in excess of $200,000 |
(3) For taxable years beginning in 2006:
OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.681% |
More than $5,000 but not more than $10,000 |
|
$34.05 plus 1.361% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$102.10 plus 2.722% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$238.20 plus 3.403% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$408.35 plus 4.083% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,224.95 plus 4.764% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$3,130.55 plus 5.444% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,219.35 plus 6.32% of the amount in excess of $100,000 |
More than $200,000 |
|
$10,539.35 plus 6.87% of the amount in excess of $200,000 |
(4) For taxable years beginning in 2007:
OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.649% |
More than $5,000 but not more than $10,000 |
|
$32.45 plus 1.299% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$97.40 plus 2.598% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$227.30 plus 3.247% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$389.65 plus 3.895% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,168.65 plus 4.546% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$2,987.05 plus 5.194% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$4,025.85 plus 6.031% of the amount in excess of $100,000 |
More than $200,000 |
|
$10,056.85 plus 6.555% of the amount in excess of $200,000 |
(5) For taxable years beginning in 2008, 2009, or 2010:
OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.618% |
More than $5,000 but not more than $10,000 |
|
$30.90 plus 1.236% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$92.70 plus 2.473% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$216.35 plus 3.091% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$370.90 plus 3.708% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,112.50 plus 4.327% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$2,843.30 plus 4.945% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$3,832.30 plus 5.741% of the amount in excess of $100,000 |
More than $200,000 |
|
$9,573.30 plus 6.24% of the amount in excess of $200,000 |
(6) For taxable years beginning in 2011 or thereafter:
OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) |
|
OR |
|
MODIFIED OHIO |
|
TAXABLE INCOME (TRUSTS) |
|
OR |
|
OHIO TAXABLE INCOME (ESTATES) |
TAX |
$5,000 or less |
|
.587% |
More than $5,000 but not more than $10,000 |
|
$29.35 plus 1.174% of the amount in excess of $5,000 |
More than $10,000 but not more than $15,000 |
|
$88.05 plus 2.348% of the amount in excess of $10,000 |
More than $15,000 but not more than $20,000 |
|
$205.45 plus 2.935% of the amount in excess of $15,000 |
More than $20,000 but not more than $40,000 |
|
$352.20 plus 3.521% of the amount in excess of $20,000 |
More than $40,000 but not more than $80,000 |
|
$1,056.40 plus 4.109% of the amount in excess of $40,000 |
More than $80,000 but not more than $100,000 |
|
$2,700.00 plus 4.695% of the amount in excess of $80,000 |
More than $100,000 but not more than $200,000 |
|
$3,639.00 plus 5.451% of the amount in excess of $100,000 |
More than $200,000 |
|
$9,090.00 plus 5.925% of the amount in excess of $200,000 |
In July of each year, beginning in 2010, the tax commissioner
shall adjust the income amounts prescribed in this division by
multiplying the percentage increase in the gross domestic product
deflator computed that year under section 5747.025 of the Revised
Code by each of the income amounts resulting from the adjustment
under this division in the preceding year, adding the resulting
product to the corresponding income amount resulting from the
adjustment in the preceding year, and rounding the resulting sum
to the nearest multiple of fifty dollars. The tax commissioner
also shall recompute each of the tax dollar amounts to the extent
necessary to reflect the adjustment of the income amounts. The
rates of taxation shall not be adjusted.
The adjusted amounts apply to taxable years beginning in the
calendar year in which the adjustments are made. The tax
commissioner shall not make such adjustments in any year in which
the amount resulting from the adjustment would be less than the
amount resulting from the adjustment in the preceding year.
(B) If the director of budget and management makes a
certification to the tax commissioner under division (B) of
section 131.44 of the Revised Code, the amount of tax as
determined under division (A) of this section shall be reduced by
the percentage prescribed in that certification for taxable years
beginning in the calendar year in which that certification is
made.
(C) The levy of this tax on income does not prevent a
municipal corporation, a joint economic development zone created
under section 715.691, or a joint economic development district
created under section 715.70 or 715.71 or sections 715.72 to
715.81 of the Revised Code from levying a tax on income.
(D) This division applies only to taxable years of a trust
beginning in 2002 or thereafter.
(1) The tax imposed by this section on a trust shall be
computed by multiplying the Ohio modified taxable income of the
trust by the rates prescribed by division (A) of this section.
(2) A nonresident trust may claim a credit against the tax
computed under division (D) of this section equal to the lesser of
(1) the tax paid to another state or the District of Columbia on
the nonresident trust's modified nonbusiness income, other than
the portion of the nonresident trust's nonbusiness income that is
qualifying investment income as defined in section 5747.012 of the
Revised Code, or (2) the effective tax rate, based on modified
Ohio taxable income, multiplied by the nonresident trust's
modified nonbusiness income other than the portion of the
nonresident trust's nonbusiness income that is qualifying
investment income. The credit applies before any other applicable
credits.
(3) The credits enumerated in divisions (A)(1) to (13) of
section 5747.98 of the Revised Code do not apply to a trust
subject to division (D) of this section. Any credits enumerated in
other divisions of section 5747.98 of the Revised Code apply to a
trust subject to division (D) of this section. To the extent that
the trust distributes income for the taxable year for which a
credit is available to the trust, the credit shall be shared by
the trust and its beneficiaries. The tax commissioner and the
trust shall be guided by applicable regulations of the United
States treasury regarding the sharing of credits.
(E) For the purposes of this section, "trust" means any trust
described in Subchapter J of Chapter 1 of the Internal Revenue
Code, excluding trusts that are not irrevocable as defined in
division (I)(3)(b) of section 5747.01 of the Revised Code and that
have no modified Ohio taxable income for the taxable year,
charitable remainder trusts, qualified funeral trusts and preneed
funeral contract trusts established pursuant to sections 4717.31
to 4717.38 of the Revised Code that are not qualified funeral
trusts, endowment and perpetual care trusts, qualified settlement
trusts and funds, designated settlement trusts and funds, and
trusts exempted from taxation under section 501(a) of the Internal
Revenue Code.
Sec. 5753.01. As used in this chapter:
(A) "Casino facility" has the same meaning as in section
3772.01 of the Revised Code.
(B) "Casino gaming" has the same meaning as in section
3772.01 of the Revised Code.
(C) "Casino operator" has the same meaning as in section
3772.01 of the Revised Code.
(D) "Gross casino revenue" means the total amount of money
exchanged for the purchase of chips, tokens, tickets, electronic
cards, or similar objects by casino patrons, less winnings paid to
wagerers.
(E) "Person" has the same meaning as in section 3772.01 of
the Revised Code.
(F) "Slot machine" has the same meaning as in section 3772.01
of the Revised Code.
(G) "Table game" has the same meaning as in section 3772.01
of the Revised Code.
(H) "Tax period" means, as the case may be, either (1) the
day before a return is filed or (2) the days beginning with the
day on which the previous return was filed through the day before
the day on which the current return is filed.
Sec. 5753.02. For the purpose of funding the needs of
cities, counties, public school districts, law enforcement, and
the horse racing industry; funding efforts to alleviate problem
gambling and substance abuse; defraying Ohio casino control
commission operating costs; and defraying the costs of
administering the tax, a tax is levied on the gross casino revenue
received by a casino operator of a casino facility at the rate of
thirty-three per cent of the casino operator's gross casino
revenue at the casino facility. The tax is in addition to any
other taxes or fees imposed under the Revised Code or other law
and for which the casino operator is liable under Section 6(C)(2)
of Article XV, Ohio Constitution.
Sec. 5753.03. (A) For the purpose of receiving and
distributing, and accounting for, revenue received from the tax
levied by section 5753.02 of the Revised Code, the following funds
are created in the state treasury:
(1) The casino tax revenue fund;
(2) The gross casino revenue county fund;
(3) The gross casino revenue county student fund;
(4) The gross casino revenue host city fund;
(5) The Ohio state racing commission fund;
(6) The Ohio law enforcement training fund;
(7) The problem casino gambling and addictions fund;
(8) The casino control commission fund;
(9) The casino tax administration fund.
(B) The treasurer of state shall credit all moneys collected
from the tax levied under this chapter to the casino tax revenue
fund.
(C) From the casino tax revenue fund the treasurer of state
shall transfer as needed to the tax refund fund amounts equal to
the refunds certified by the tax commissioner under section
5753.06 of the Revised Code.
(D) After making any transfers required by division (C) of
this section, but not later than the fifteenth day of each
calendar month, the treasurer of state shall transfer the balance
of the casino tax revenue fund as it existed at the close of
business on the last day of the preceding month into funds as
follows:
(1) Fifty-one per cent to the gross casino revenue county
fund to make payments to all eighty-eight counties in proportion
to each county's respective population;
(2) Thirty-four per cent to the gross casino revenue county
student fund to make payments to all eighty-eight counties in
proportion to each county's public school district student
population;
(3) Five per cent to the gross casino revenue host city fund
for the benefit of the cities in which casino facilities are
located;
(4) Three per cent to the Ohio state racing commission fund
to support horse racing in this state at which the pari-mutuel
system of wagering is conducted;
(5) Two per cent to the Ohio law enforcement training fund to
support law enforcement functions in the state;
(6) Two per cent to the Ohio problem gambling and substance
abuse fund to support efforts to alleviate problem gambling and
substance abuse in the state;
(7) Three per cent to the casino control commission fund to
support the operations of the Ohio casino control commission and
to defray the cost of administering the tax levied under section
5753.02 of the Revised Code.
The treasurer of state shall make payments to counties under
divisions (D)(1) and (2) of this section using annualized data
possessed by the tax commissioner. The tax commissioner shall make
the data available to the treasurer of state for this purpose.
Revenues credited under division (D)(2) of this section shall
be paid over to the public school districts located in whole or in
part in the county.
Of the money credited to the law enforcement training fund,
the treasurer of state shall distribute eighty-five per cent of
the money to the Ohio peace officer training academy and fifteen
per cent of the money to the division of criminal justice
services.
(E) The treasurer of state shall transfer one per cent of the
money credited to the casino control commission fund to the casino
tax administration fund. The tax commissioner shall use the casino
tax administration fund to defray the costs incurred in
administering the tax levied by section 5753.02 of the Revised
Code.
Sec. 5753.04. Daily each day banks are open for business,
not later than noon, a casino operator shall file a return
electronically with the tax commissioner. The return shall be in
the form required by the tax commissioner, and shall reflect the
relevant tax period. The return shall include, but is not limited
to, the amount of the casino operator's gross casino revenue for
the tax period and the amount of tax due under section 5753.02 of
the Revised Code for the tax period. The casino operator shall
remit electronically with the return the tax due.
If the casino operator ceases to be a taxpayer at any time,
the casino operator shall indicate the last date for which the
casino operator was liable for the tax. The return shall include a
space for this purpose.
Sec. 5753.05. (A)(1) A casino operator who fails to file a
return or to remit the tax due as required by section 5753.04 of
the Revised Code shall pay a penalty equal to the greater of five
hundred dollars or ten per cent of the tax due.
(2) If the tax commissioner finds additional tax to be due,
the tax commissioner may impose an additional penalty of up to
fifteen per cent of the additional excise tax found to be due. A
delinquent payment of tax made as the result of a notice or an
audit is subject to the additional penalty imposed by this
division.
(3) If a casino operator fails to file a return
electronically or to remit the tax electronically, the tax
commissioner may impose an additional penalty of fifty dollars or
ten per cent of the tax due as shown on the return, whichever is
greater.
(B) If the tax due under section 5753.02 of the Revised Code
is not timely paid, the casino operator shall pay interest at the
rate per annum prescribed in section 5703.47 of the Revised Code
beginning on the day the tax was due through the day the tax is
paid or an assessment is issued, whichever occurs first.
(C) The tax commissioner shall collect any penalty or
interest as if it were the tax levied by section 5753.02 of the
Revised Code. Penalties and interest shall be treated as if they
were revenue arising from the tax levied by section 5753.02 of the
Revised Code.
(D) The tax commissioner may abate all or a portion of any
penalty imposed under this section and may adopt rules governing
abatements.
(E) If a casino operator fails to file a return or remit the
tax due as required by section 5753.04 of the Revised Code within
a period of one year after the due date for filing the return or
remitting the tax, the Ohio casino control commission may suspend
the casino operator's license.
Sec. 5753.06. (A) A casino operator may apply to the tax
commissioner for refund of the amount of taxes under section
5753.02 of the Revised Code that were overpaid, paid illegally or
erroneously, or paid on an illegal or erroneous assessment. The
application shall be on a form prescribed by the tax commissioner.
The casino operator shall provide the amount of the requested
refund along with the claimed reasons for, and documentation to
support, the issuance of a refund. The casino operator shall file
the application with the tax commissioner within four years after
the date the payment was made, unless the applicant has waived the
time limitation under division (D) of section 5753.07 of the
Revised Code. In the latter event, the four-year limitation is
extended for the same period of time as the waiver.
(B) Upon the filing of a refund application, the tax
commissioner shall determine the amount of refund to which the
applicant is entitled. If the amount is not less than that
claimed, the tax commissioner shall certify the amount to the
director of budget and management and treasurer of state for
payment from the tax refund fund. If the amount is less than that
claimed, the tax commissioner shall proceed under section 5703.70
of the Revised Code.
(C) Interest on a refund applied for under this section,
computed at the rate provided for in section 5703.47 of the
Revised Code, shall be allowed from the later of the date the tax
was due or the date payment of the tax was made. Except as
provided in section 5753.07 of the Revised Code, the tax
commissioner may, with the consent of the casino operator, provide
for crediting against the tax due for a tax period, the amount of
any refund due the casino operator for a preceding tax period.
(D) Refunds under this section are subject to offset under
section 5753.061 of the Revised Code.
Sec. 5753.061. As used in this section, "debt to the state"
means unpaid taxes that are due the state, unpaid workers'
compensation premiums that are due, unpaid unemployment
compensation contributions that are due, unpaid unemployment
compensation payments in lieu of contributions that are due,
unpaid fees payable to the state or to the clerk of courts under
section 4505.06 of the Revised Code, incorrect medical assistance
payments, or any unpaid charge, penalty, or interest arising from
any of the foregoing. A debt to the state is not a "debt to the
state" as used in this section unless the liability underlying the
debt to the state has become incontestable because the time for
appealing, reconsidering, reassessing, or otherwise questioning
the liability has expired or the liability has been finally
determined to be valid.
If a casino operator who is entitled to a refund under
section 5753.06 of the Revised Code owes a debt to the state, the
amount refundable may be applied in satisfaction of the debt to
the state. If the amount refundable is less than the amount of the
debt to the state, the amount refundable may be applied in partial
satisfaction of the debt. If the amount refundable is greater than
the amount of the debt, the amount refundable remaining after
satisfaction of the debt shall be refunded to the casino operator.
Sec. 5753.07. (A)(1) The tax commissioner may issue an
assessment, based on any information in the tax commissioner's
possession, against a casino operator who fails to pay the tax
levied under section 5753.02 of the Revised Code or to file a
return under section 5753.04 of the Revised Code. The tax
commissioner shall give the casino operator written notice of the
assessment under section 5703.37 of the Revised Code. With the
notice, the tax commissioner shall include instructions on how to
petition for reassessment and on how to request a hearing with
respect to the petition.
(2) Unless the casino operator, within sixty days after
service of the notice of assessment, files with the tax
commissioner, either personally or by certified mail, a written
petition signed by the casino operator, or by the casino
operator's authorized agent who has knowledge of the facts, the
assessment becomes final, and the amount of the assessment is due
and payable from the casino operator to the treasurer of state.
The petition shall indicate the casino operator's objections to
the assessment. Additional objections may be raised in writing if
they are received by the tax commissioner before the date shown on
the final determination.
(3) If a petition for reassessment has been properly filed,
the tax commissioner shall proceed under section 5703.60 of the
Revised Code.
(4) After an assessment becomes final, if any portion of the
assessment, including penalties and accrued interest, remains
unpaid, the tax commissioner may file a certified copy of the
entry making the assessment final in the office of the clerk of
the court of common pleas of Franklin county or in the office of
the clerk of the court of common pleas of the county in which the
casino operator resides, the casino operator's casino facility is
located, or the casino operator's principal place of business in
this state is located. Immediately upon the filing of the entry,
the clerk shall enter a judgment for the state against the
taxpayer assessed in the amount shown on the entry. The judgment
may be filed by the clerk in a loose-leaf book entitled, "special
judgments for the gross casino revenue tax." The judgment has the
same effect as other judgments. Execution shall issue upon the
judgment at the request of the tax commissioner, and all laws
applicable to sales on execution apply to sales made under the
judgment.
(5) The portion of an assessment not paid within sixty days
after the day the assessment was issued bears interest at the rate
per annum prescribed by section 5703.47 of the Revised Code from
the day the tax commissioner issued the assessment until the
assessment is paid. Interest shall be paid in the same manner as
the tax levied under section 5753.02 of the Revised Code and may
be collected by the issuance of an assessment under this section.
(B) If the tax commissioner believes that collection of the
tax levied under section 5753.02 of the Revised Code will be
jeopardized unless proceedings to collect or secure collection of
the tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the casino operator who is liable for
the tax. Immediately upon the issuance of a jeopardy assessment,
the tax commissioner shall file an entry with the clerk of the
court of common pleas in the manner prescribed by division (A)(4)
of this section, and the clerk shall proceed as directed in that
division. Notice of the jeopardy assessment shall be served on the
casino operator or the casino operator's authorized agent under
section 5703.37 of the Revised Code within five days after the
filing of the entry with the clerk. The total amount assessed is
immediately due and payable, unless the casino operator assessed
files a petition for reassessment under division (A)(2) of this
section and provides security in a form satisfactory to the tax
commissioner that is in an amount sufficient to satisfy the unpaid
balance of the assessment. If a petition for reassessment has been
filed, and if satisfactory security has been provided, the tax
commissioner shall proceed under division (A)(3) of this section.
Full or partial payment of the assessment does not prejudice the
tax commissioner's consideration of the petition for reassessment.
(C) The tax commissioner shall immediately forward to the
treasurer of state all amounts the tax commissioner receives under
this section, and the amounts forwarded shall be treated as if
they were revenue arising from the tax levied under section
5753.02 of the Revised Code.
(D) Except as otherwise provided in this division, no
assessment shall be issued against a casino operator for the tax
levied under section 5753.02 of the Revised Code more than four
years after the due date for filing the return for the tax period
for which the tax was reported, or more than four years after the
return for the tax period was filed, whichever is later. This
division does not bar an assessment against a casino operator who
fails to file a return as required by section 5753.04 of the
Revised Code or who files a fraudulent return, or when the casino
operator and the tax commissioner waive in writing the time
limitation.
(E) If the tax commissioner possesses information that
indicates that the amount of tax a casino operator is liable to
pay under section 5753.02 of the Revised Code exceeds the amount
the casino operator paid, the tax commissioner may audit a sample
of the casino operator's gross casino revenue over a
representative period of time to ascertain the amount of tax due,
and may issue an assessment based on the audit. The tax
commissioner shall make a good faith effort to reach agreement
with the casino operator in selecting a representative sample. The
tax commissioner may apply a sampling method only if the tax
commissioner has prescribed the method by rule.
(F) If the whereabouts of a casino operator who is liable for
the tax levied under section 5753.02 of the Revised Code are
unknown to the tax commissioner, the tax commissioner shall
proceed under section 5703.37 of the Revised Code.
(G) If a casino operator fails to pay the tax levied under
section 5753.02 of the Revised Code within a period of one year
after the due date for remitting the tax, the Ohio casino control
commission may suspend the casino operator's license.
Sec. 5753.08. If a casino operator who is liable for the tax
levied under section 5753.02 of the Revised Code sells the casino
facility, disposes of the casino facility in any manner other than
in the regular course of business, or quits the casino gaming
business, any tax owed by that person becomes immediately due and
payable, and the person shall pay the tax due, including any
applicable penalties and interest. The person's successor shall
withhold a sufficient amount of the purchase money to cover the
amounts due and unpaid until the predecessor produces a receipt
from the tax commissioner showing that the amounts due have been
paid or a certificate indicating that no taxes are due. If the
successor fails to withhold purchase money, the successor is
personally liable, up to the purchase money amount, for amounts
that were unpaid during the operation of the business by the
predecessor.
Sec. 5753.09. The tax commissioner shall administer and
enforce this chapter. In addition to any other powers conferred
upon the tax commissioner by law, the tax commissioner may:
(A) Prescribe all forms that are required to be filed under
this chapter;
(B) Adopt rules that are necessary and proper to carry out
this chapter; and
(C) Appoint professional, technical, and clerical employees
as are necessary to carry out the tax commissioner's duties under
this chapter.
Sec. 5753.10. The tax commissioner may prescribe
requirements for the keeping of records and pertinent documents,
for the filing of copies of federal income tax returns and
determinations, and for computations reconciling federal income
tax returns with the return required by section 5753.04 of the
Revised Code. The tax commissioner may require a casino operator,
by rule or by notice served on the casino operator, to keep
records and other documents that the tax commissioner considers
necessary to show the extent to which the casino operator is
subject to this chapter. The records and other documents shall be
open to inspection by the tax commissioner on demand, and shall be
preserved for a period of four years unless the tax commissioner,
in writing, consents to their destruction within that period, or
by order served on the casino operator requires that they be kept
longer. If the records are normally kept electronically by the
casino operator, the casino operator shall provide the records to
the tax commissioner electronically at the tax commissioner's
request.
Any information required by the tax commissioner under this
section is confidential under section 5703.21 of the Revised Code.
Section 2. That existing sections 101.70, 102.02, 102.03,
109.572, 109.71, 109.77, 109.79, 121.60, 126.45, 1705.48, 3793.02,
4301.355, 4301.62, 4303.181, 4303.182, 4303.30, 5502.03, 5703.052,
5703.19, 5703.21, 5703.70, and 5747.02 of the Revised Code are
hereby repealed.
Section 3. The first return filed under section 5753.04 of
the Revised Code shall reflect the tax period consisting of or
beginning on the day on which operations of the casino facility
commence.
Section 4. 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 following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect before the effective date of the sections as presented in
this act:
Section 109.572 of the Revised Code as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 109.77 of the Revised Code as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 4301.62 of the Revised Code as amended by both Am.
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly.
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