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S. B. No. 169 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend sections 2915.01, 2915.08, 2915.081,
2915.09, 2915.095, 2915.101, and 2915.12 and to
enact sections 2915.083 and 2915.096 of the
Revised Code to permit veterans, fraternal, and
sporting organizations to conduct charitable
electronic instant bingo.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2915.01, 2915.08, 2915.081,
2915.09, 2915.095, 2915.101, and 2915.12 be amended and sections
2915.083 and 2915.096 of the Revised Code be enacted to read as
follows:
Sec. 2915.01. As used in this chapter:
(A) "Bookmaking" means the business of receiving or paying
off bets.
(B) "Bet" means the hazarding of anything of value upon the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C) "Scheme of chance" means a slot machine, lottery, numbers
game, pool conducted for profit, or other scheme in which a
participant gives a valuable consideration for a chance to win a
prize, but does not include bingo, a skill-based amusement
machine, or a pool not conducted for profit.
(D) "Game of chance" means poker, craps, roulette, or other
game in which a player gives anything of value in the hope of
gain, the outcome of which is determined largely by chance, but
does not include bingo.
(E) "Game of chance conducted for profit" means any game of
chance designed to produce income for the person who conducts or
operates the game of chance, but does not include bingo.
(F) "Gambling device" means any of the following:
(1) A book, totalizer, or other equipment for recording bets;
(2) A ticket, token, or other device representing a chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot
machine, or other apparatus designed for use in connection with a
game of chance;
(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;
(5) Bingo supplies sold or otherwise provided, or used, in
violation of this chapter.
(G) "Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the Revised
Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.
(H) Except as otherwise provided in this chapter, "charitable
organization" means any tax exempt religious, educational,
veteran's, fraternal, sporting, service, nonprofit medical,
volunteer rescue service, volunteer firefighter's, senior
citizen's, historic railroad educational, youth athletic, amateur
athletic, or youth athletic park organization. An organization is
tax exempt if the organization is, and has received from the
internal revenue service a determination letter that currently is
in effect stating that the organization is, exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal Revenue Code, or if the organization is
a sporting organization that is exempt from federal income
taxation under subsection 501(a) and is described in subsection
501(c)(7) of the Internal Revenue Code. To qualify as a charitable
organization, an organization, except a volunteer rescue service
or volunteer firefighter's organization, shall have been in
continuous existence as such in this state for a period of two
years immediately preceding either the making of an application
for a bingo license under section 2915.08 of the Revised Code or
the conducting of any game of chance as provided in division (D)
of section 2915.02 of the Revised Code. A charitable organization
that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c)(3) of the Internal
Revenue Code and that is created by a veteran's organization, a
fraternal organization, or a sporting organization does not have
to have been in continuous existence as such in this state for a
period of two years immediately preceding either the making of an
application for a bingo license under section 2915.08 of the
Revised Code or the conducting of any game of chance as provided
in division (D) of section 2915.02 of the Revised Code.
(I) "Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and religious observances.
(J) "Educational organization" means any organization within
this state that is not organized for profit, the primary purpose
of which is to educate and develop the capabilities of individuals
through instruction by means of operating or contributing to the
support of a school, academy, college, or university.
(K) "Veteran's organization" means any individual post or
state headquarters of a national veteran's association or an
auxiliary unit of any individual post of a national veteran's
association, which post, state headquarters, or auxiliary unit is
incorporated as a nonprofit corporation and either has received a
letter from the state headquarters of the national veteran's
association indicating that the individual post or auxiliary unit
is in good standing with the national veteran's association or has
received a letter from the national veteran's association
indicating that the state headquarters is in good standing with
the national veteran's association. As used in this division,
"national veteran's association" means any veteran's association
that has been in continuous existence as such for a period of at
least five years and either is incorporated by an act of the
United States congress or has a national dues-paying membership of
at least five thousand persons.
(L) "Volunteer firefighter's organization" means any
organization of volunteer firefighters, as defined in section
146.01 of the Revised Code, that is organized and operated
exclusively to provide financial support for a volunteer fire
department or a volunteer fire company and that is recognized or
ratified by a county, municipal corporation, or township.
(M) "Fraternal organization" means any society, order, state
headquarters, or association within this state, except a college
or high school fraternity, that is not organized for profit, that
is a branch, lodge, or chapter of a national or state
organization, that exists exclusively for the common business or
sodality of its members.
(N) "Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.
(O) "Service organization" means either of the following:
(1) Any organization, not organized for profit, that is
organized and operated exclusively to provide, or to contribute to
the support of organizations or institutions organized and
operated exclusively to provide, medical and therapeutic services
for persons who are crippled, born with birth defects, or have any
other mental or physical defect or those organized and operated
exclusively to protect, or to contribute to the support of
organizations or institutions organized and operated exclusively
to protect, animals from inhumane treatment or provide immediate
shelter to victims of domestic violence;
(2) Any organization that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code
and is either a governmental unit or an organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code and that is an
organization, not organized for profit, that is organized and
operated primarily to provide, or to contribute to the support of
organizations or institutions organized and operated primarily to
provide, medical and therapeutic services for persons who are
crippled, born with birth defects, or have any other mental or
physical defect.
(P) "Nonprofit medical organization" means either of the
following:
(1) Any organization that has been incorporated as a
nonprofit corporation for at least five years and that has
continuously operated and will be operated exclusively to provide,
or to contribute to the support of organizations or institutions
organized and operated exclusively to provide, hospital, medical,
research, or therapeutic services for the public;
(2) Any organization that is described and qualified under
subsection 501(c)(3) of the Internal Revenue Code, that has been
incorporated as a nonprofit corporation for at least five years,
and that has continuously operated and will be operated primarily
to provide, or to contribute to the support of organizations or
institutions organized and operated primarily to provide,
hospital, medical, research, or therapeutic services for the
public.
(Q) "Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the Internal
Revenue Code.
(R) "Charitable bingo game" means any bingo game described in
division (S)(1) or (2) of this section that is conducted by a
charitable organization that has obtained a license pursuant to
section 2915.08 of the Revised Code and the proceeds of which are
used for a charitable purpose.
(S) "Bingo" means either any of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards or sheets, including
paper formats and electronic representation or image formats, that
are divided into twenty-five spaces arranged in five horizontal
and five vertical rows of spaces, with each space, except the
central space, being designated by a combination of a letter and a
number and with the central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards or
sheets that correspond to combinations of letters and numbers that
are announced by a bingo game operator.
(c) A bingo game operator announces combinations of letters
and numbers that appear on objects that a bingo game operator
selects by chance, either manually or mechanically, from a
receptacle that contains seventy-five objects at the beginning of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards or sheets.
(d) The winner of the bingo game includes any participant who
properly announces during the interval between the announcements
of letters and numbers as described in division (S)(1)(c) of this
section, that a predetermined and preannounced pattern of spaces
has been covered on a bingo card or sheet being used by the
participant.
(2) Instant bingo, punch boards, and raffles;
(3) Charitable electronic instant bingo.
(T) "Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance.
(U) "Bingo game operator" means any person, except security
personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from participants,
handing out bingo cards or sheets or objects to cover spaces on
bingo cards or sheets, selecting from a receptacle the objects
that contain the combination of letters and numbers that appear on
bingo cards or sheets, calling out the combinations of letters and
numbers, distributing prizes, selling or redeeming instant bingo
tickets or cards, supervising the operation of a punch board,
selling raffle tickets, selecting raffle tickets from a receptacle
and announcing the winning numbers in a raffle, having access to
or performing any function in the operation of charitable
electronic instant bingo, and preparing, selling, and serving food
or beverages.
(V) "Participant" means any person who plays bingo.
(W) "Bingo session" means a period that includes both of the
following:
(1) Not to exceed five continuous hours for the conduct of
one or more games described in division (S)(1) of this section,
instant bingo, and seal cards;
(2) A period for the conduct of instant bingo and seal cards
for not more than two hours before and not more than two hours
after the period described in division (W)(1) of this section.
(X) "Gross receipts" means all money or assets, including
admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses
of conducting bingo. "Gross receipts" does not include any money
directly taken in from the sale of food or beverages by a
charitable organization conducting bingo, or by a bona fide
auxiliary unit or society of a charitable organization conducting
bingo, provided all of the following apply:
(1) The auxiliary unit or society has been in existence as a
bona fide auxiliary unit or society of the charitable organization
for at least two years prior to conducting bingo.
(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items customarily
received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and
reasonable prices.
(Y) "Security personnel" includes any person who either is a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79 of
the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.
(Z) "Charitable purpose" means that the net profit of bingo,
other than instant bingo, is used by, or is given, donated, or
otherwise transferred to, any of the following:
(1) Any organization that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code
and is either a governmental unit or an organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code;
(2) A veteran's organization that is a post, chapter, or
organization of veterans, or an auxiliary unit or society of, or a
trust or foundation for, any such post, chapter, or organization
organized in the United States or any of its possessions, at least
seventy-five per cent of the members of which are veterans and
substantially all of the other members of which are individuals
who are spouses, widows, or widowers of veterans, or such
individuals, provided that no part of the net earnings of such
post, chapter, or organization inures to the benefit of any
private shareholder or individual, and further provided that the
net profit is used by the post, chapter, or organization for the
charitable purposes set forth in division (B)(12) of section
5739.02 of the Revised Code, is used for awarding scholarships to
or for attendance at an institution mentioned in division (B)(12)
of section 5739.02 of the Revised Code, is donated to a
governmental agency, or is used for nonprofit youth activities,
the purchase of United States or Ohio flags that are donated to
schools, youth groups, or other bona fide nonprofit organizations,
promotion of patriotism, or disaster relief;
(3) A fraternal organization that has been in continuous
existence in this state for fifteen years and that uses the net
profit exclusively for religious, charitable, scientific,
literary, or educational purposes, or for the prevention of
cruelty to children or animals, if contributions for such use
would qualify as a deductible charitable contribution under
subsection 170 of the Internal Revenue Code;
(4) A volunteer firefighter's organization that uses the net
profit for the purposes set forth in division (L) of this section.
(AA) "Internal Revenue Code" means the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(BB) "Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(CC) "Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of the
following:
(1) It owns, operates, and maintains playing fields that
satisfy both of the following:
(a) The playing fields are used at least one hundred days per
year for athletic activities by one or more organizations, not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for
the operation, maintenance, and improvement of its playing fields
of the type described in division (CC)(1) of this section.
(DD) "Amateur athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are training for amateur
athletic competition that is sanctioned by a national governing
body as defined in the "Amateur Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373.
(EE) "Bingo supplies" means bingo cards or sheets; instant
bingo tickets or cards; electronic bingo aids; raffle tickets;
punch boards; seal cards; instant bingo ticket dispensers;
charitable electronic instant bingo; and devices for selecting or
displaying the combination of bingo letters and numbers or raffle
tickets. Items that are "bingo supplies" are not gambling devices
if sold or otherwise provided, and used, in accordance with this
chapter. For purposes of this chapter, "bingo supplies" are not to
be considered equipment used to conduct a bingo game.
(FF) "Instant bingo" means a form of bingo that uses folded
or banded tickets or paper cards with perforated break-open tabs,
a face of which is covered or otherwise hidden from view to
conceal a number, letter, or symbol, or set of numbers, letters,
or symbols, some of which have been designated in advance as prize
winners. "Instant bingo" includes seal cards and charitable
electronic instant bingo. "Instant bingo" does not include any
device that is activated by the insertion of a coin, currency,
token, or an equivalent, and that contains as one of its
components a video display monitor that is capable of displaying
numbers, letters, symbols, or characters in winning or losing
combinations.
(GG) "Seal card" means a form of instant bingo that uses
instant bingo tickets in conjunction with a board or placard that
contains one or more seals that, when removed or opened, reveal
predesignated winning numbers, letters, or symbols.
(HH) "Raffle" means a form of bingo in which the one or more
prizes are won by one or more persons who have purchased a raffle
ticket. The one or more winners of the raffle are determined by
drawing a ticket stub or other detachable section from a
receptacle containing ticket stubs or detachable sections
corresponding to all tickets sold for the raffle. "Raffle" does
not include the drawing of a ticket stub or other detachable
section of a ticket purchased to attend a professional sporting
event if both of the following apply:
(1) The ticket stub or other detachable section is used to
select the winner of a free prize given away at the professional
sporting event; and
(2) The cost of the ticket is the same as the cost of a
ticket to the professional sporting event on days when no free
prize is given away.
(II) "Punch board" means a board containing a number of holes
or receptacles of uniform size in which are placed, mechanically
and randomly, serially numbered slips of paper that may be punched
or drawn from the hole or receptacle when used in conjunction with
instant bingo. A player may punch or draw the numbered slips of
paper from the holes or receptacles and obtain the prize
established for the game if the number drawn corresponds to a
winning number or, if the punch board includes the use of a seal
card, a potential winning number.
(JJ) "Gross profit" means gross receipts minus the amount
actually expended for the payment of prize awards.
(KK) "Net profit" means gross profit minus expenses.
(LL) "Expenses" means the reasonable amount of gross profit
actually expended for all of the following:
(1) The purchase or lease of bingo supplies;
(2) The annual license fee required under section 2915.08 of
the Revised Code;
(3) Bank fees and service charges for a bingo session or game
account described in section 2915.10 of the Revised Code;
(4) Audits and accounting services;
(7) Hiring security personnel;
(9) Renting premises in which to conduct a bingo session;
(11) Expenses for maintaining and operating a charitable
organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds
attached to the post home, club house, lounge, tavern, or canteen;
(12) Payment of real property taxes and assessments that are
levied on a premises on which bingo is conducted;
(13) Any other product or service directly related to the
conduct of bingo that is authorized in rules adopted by the
attorney general under division (B)(1) of section 2915.08 of the
Revised Code.
(MM) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes any firm or any other legal entity,
however organized.
(NN) "Revoke" means to void permanently all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable
gaming license issued by another jurisdiction.
(OO) "Suspend" means to interrupt temporarily all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable
gaming license issued by another jurisdiction.
(PP) "Distributor" means any person who purchases or obtains
bingo supplies and who does either of the following:
(1) Sells, offers for sale, or otherwise provides or offers
to provide the bingo supplies to another person for use in this
state;
(2) Modifies, converts, adds to, or removes parts from the
bingo supplies to further their promotion or sale for use in this
state.
(QQ) "Manufacturer" means any person who assembles completed
bingo supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale.
(RR) "Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1) of
this section plus the annual net profit derived from the conduct
of bingo described in division (S)(2) of this section.
(SS) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.
(5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed bingo
ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid in
accounting for the instant bingo tickets or cards it dispenses.
(8) It is not part of an electronic network and is not
interactive.
(TT)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets purchased
at the time and place of a bingo session and that does all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.
(UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.
(VV)(1) "Slot machine" means either of the following:
(a) Any mechanical, electronic, video, or digital device that
is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player who gives the thing of value in the
hope of gain;
(b) Any mechanical, electronic, video, or digital device that
is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player to conduct bingo or a scheme or game
of chance.
(2) "Slot machine" does not include a skill-based amusement
machine or, an instant bingo ticket dispenser, or charitable
electronic instant bingo.
(WW) "Net profit from the proceeds of the sale of instant
bingo or charitable electronic instant bingo" means gross profit
minus the ordinary, necessary, and reasonable expense expended for
the purchase of instant bingo
or the purchase or lease of
charitable electronic instant bingo supplies.
(XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or
a sporting organization in regards to bingo conducted or assisted
by a veteran's organization, a fraternal organization, or a
sporting organization pursuant to section 2915.13 of the Revised
Code.
(YY) "Game flare" means the board or placard that accompanies
each deal of instant bingo tickets and that has printed on or
affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(5) The prize structure, including the number of winning
instant bingo tickets by denomination and the respective winning
symbol or number combinations for the winning instant bingo
tickets;
(7) The serial number of the game.
(ZZ) "Historic railroad educational organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code, that owns in fee simple the tracks and the
right-of-way of a historic railroad that the organization restores
or maintains and on which the organization provides excursions as
part of a program to promote tourism and educate visitors
regarding the role of railroad transportation in Ohio history, and
that received as donations from a charitable organization that
holds a license to conduct bingo under this chapter an amount
equal to at least fifty per cent of that licensed charitable
organization's net proceeds from the conduct of bingo during each
of the five years preceding June 30, 2003. "Historic railroad"
means all or a portion of the tracks and right-of-way of a
railroad that was owned and operated by a for-profit common
carrier in this state at any time prior to January 1, 1950.
(AAA)(1) "Skill-based amusement machine" means a mechanical,
video, digital, or electronic device that rewards the player or
players, if at all, only with merchandise prizes or with
redeemable vouchers redeemable only for merchandise prizes,
provided that with respect to rewards for playing the game all of
the following apply:
(a) The wholesale value of a merchandise prize awarded as a
result of the single play of a machine does not exceed ten
dollars;
(b) Redeemable vouchers awarded for any single play of a
machine are not redeemable for a merchandise prize with a
wholesale value of more than ten dollars;
(c) Redeemable vouchers are not redeemable for a merchandise
prize that has a wholesale value of more than ten dollars times
the fewest number of single plays necessary to accrue the
redeemable vouchers required to obtain that prize; and
(d) Any redeemable vouchers or merchandise prizes are
distributed at the site of the skill-based amusement machine at
the time of play.
(2) A device shall not be considered a skill-based amusement
machine and shall be considered a slot machine if it pays cash or
one or more of the following apply:
(a) The ability of a player to succeed at the game is
impacted by the number or ratio of prior wins to prior losses of
players playing the game.
(b) Any reward of redeemable vouchers is not based solely on
the player achieving the object of the game or the player's score;
(c) The outcome of the game, or the value of the redeemable
voucher or merchandise prize awarded for winning the game, can be
controlled by a source other than any player playing the game.
(d) The success of any player is or may be determined by a
chance event that cannot be altered by player actions.
(e) The ability of any player to succeed at the game is
determined by game features not visible or known to the player.
(f) The ability of the player to succeed at the game is
impacted by the exercise of a skill that no reasonable player
could exercise.
(3) All of the following apply to any machine that is
operated as described in division (AAA)(1) of this section:
(a) As used in this section, "game" and "play" mean one event
from the initial activation of the machine until the results of
play are determined without payment of additional consideration.
An individual utilizing a machine that involves a single game,
play, contest, competition, or tournament may be awarded
redeemable vouchers or merchandise prizes based on the results of
play.
(b) Advance play for a single game, play, contest,
competition, or tournament participation may be purchased. The
cost of the contest, competition, or tournament participation may
be greater than a single noncontest, competition, or tournament
play.
(c) To the extent that the machine is used in a contest,
competition, or tournament, that contest, competition, or
tournament has a defined starting and ending date and is open to
participants in competition for scoring and ranking results toward
the awarding of redeemable vouchers or merchandise prizes that are
stated prior to the start of the contest, competition, or
tournament.
(4) For purposes of division (AAA)(1) of this section, the
mere presence of a device, such as a pin-setting, ball-releasing,
or scoring mechanism, that does not contribute to or affect the
outcome of the play of the game does not make the device a
skill-based amusement machine.
(BBB) "Merchandise prize" means any item of value, but shall
not include any of the following:
(1) Cash, gift cards, or any equivalent thereof;
(2) Plays on games of chance, state lottery tickets, bingo,
or instant bingo;
(3) Firearms, tobacco, or alcoholic beverages; or
(4) A redeemable voucher that is redeemable for any of the
items listed in division (BBB)(1), (2), or (3) of this section.
(CCC) "Redeemable voucher" means any ticket, token, coupon,
receipt, or other noncash representation of value.
(DDD) "Pool not conducted for profit" means a scheme in which
a participant gives a valuable consideration for a chance to win a
prize and the total amount of consideration wagered is distributed
to a participant or participants.
(EEE) "Sporting organization" means a hunting, fishing, or
trapping organization, other than a college or high school
fraternity or sorority, that is not organized for profit, that is
affiliated with a state or national sporting organization,
including but not limited to, the Ohio league of sportsmen, and
that has been in continuous existence in this state for a period
of three years.
(FFF) "Community action agency" has the same meaning as in
section 122.66 of the Revised Code.
(GGG) "Charitable electronic instant bingo" means any
electronic gaming device determined to be a class II or class III
device under the "Indian Gaming Regulatory Act," 25 U.S.C. 2701 et
seq., for which a valid charitable bingo license has been issued
to a veterans, fraternal, or sporting organization, and from which
a percentage of the net profits is transferred to a charitable
purpose established in section 2915.101 of the Revised Code.
Sec. 2915.08. (A)(1) Annually before the first day of
January, a charitable organization that desires to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session, or charitable electronic instant bingo shall make
out, upon a form to be furnished by the attorney general for that
purpose, an application for a license to conduct bingo, instant
bingo at a bingo session, or instant bingo other than at a bingo
session, or charitable electronic instant bingo and deliver that
application to the attorney general together with a license fee as
follows:
(a) Except as otherwise provided in this division, for a
license for the conduct of bingo, two hundred dollars;
(b) For a license for the conduct of instant bingo at a bingo
session or, instant bingo other than at a bingo session, or
charitable electronic instant bingo for a charitable organization
that previously has not been licensed under this chapter to
conduct instant bingo at a bingo session or, instant bingo other
than at a bingo session, or charitable electronic instant bingo, a
license fee of five hundred dollars, and for any other charitable
organization, a license fee that is based upon the gross profits
received by the charitable organization from the operation of
instant bingo at a bingo session or, instant bingo other than at a
bingo session, or charitable electronic instant bingo, during the
one-year period ending on the thirty-first day of October of the
year immediately preceding the year for which the license is
sought, and that is one of the following:
(i) Five hundred dollars, if the total is fifty thousand
dollars or less;
(ii) One thousand two hundred fifty dollars plus one-fourth
per cent of the gross profit, if the total is more than fifty
thousand dollars but less than two hundred fifty thousand one
dollars;
(iii) Two thousand two hundred fifty dollars plus one-half
per cent of the gross profit, if the total is more than two
hundred fifty thousand dollars but less than five hundred thousand
one dollars;
(iv) Three thousand five hundred dollars plus one per cent of
the gross profit, if the total is more than five hundred thousand
dollars but less than one million one dollars;
(v) Five thousand dollars plus one per cent of the gross
profit, if the total is one million one dollars or more;
(c) A reduced license fee established by the attorney general
pursuant to division (G) of this section.
(d) For a license to conduct bingo for a charitable
organization that prior to the effective date of this amendment
July 1, 2003, has not been licensed under this chapter to conduct
bingo, instant bingo at a bingo session, or instant bingo other
than at a bingo session, a license fee established by rule by the
attorney general in accordance with division (H) of this section.
(2) The application shall be in the form prescribed by the
attorney general, shall be signed and sworn to by the applicant,
and shall contain all of the following:
(a) The name and post-office address of the applicant;
(b) A statement that the applicant is a charitable
organization and that it has been in continuous existence as a
charitable organization in this state for two years immediately
preceding the making of the application or for five years in the
case of a fraternal organization or a nonprofit medical
organization;
(c) The location at which the organization will conduct
bingo, which location shall be within the county in which the
principal place of business of the applicant is located, the days
of the week and the times on each of those days when bingo will be
conducted, whether the organization owns, leases, or subleases the
premises, and a copy of the rental agreement if it leases or
subleases the premises;
(d) A statement of the applicant's previous history, record,
and association that is sufficient to establish that the applicant
is a charitable organization, and a copy of a determination letter
that is issued by the Internal Revenue Service and states that the
organization is tax exempt under subsection 501(a) and described
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal Revenue Code;
(e) A statement as to whether the applicant has ever had any
previous application refused, whether it previously has had a
license revoked or suspended, and the reason stated by the
attorney general for the refusal, revocation, or suspension;
(f) A statement of the charitable purposes for which the net
profit derived from bingo, other than instant bingo, will be used,
and a statement of how the net profit derived from instant bingo
and charitable electronic instant bingo will be distributed in
accordance with section 2915.101 of the Revised Code;
(g) Other necessary and reasonable information that the
attorney general may require by rule adopted pursuant to section
111.15 of the Revised Code;
(h) If the applicant is a charitable trust as defined in
section 109.23 of the Revised Code, a statement as to whether it
has registered with the attorney general pursuant to section
109.26 of the Revised Code or filed annual reports pursuant to
section 109.31 of the Revised Code, and, if it is not required to
do either, the exemption in section 109.26 or 109.31 of the
Revised Code that applies to it;
(i) If the applicant is a charitable organization as defined
in section 1716.01 of the Revised Code, a statement as to whether
it has filed with the attorney general a registration statement
pursuant to section 1716.02 of the Revised Code and a financial
report pursuant to section 1716.04 of the Revised Code, and, if it
is not required to do both, the exemption in section 1716.03 of
the Revised Code that applies to it;
(j) In the case of an applicant seeking to qualify as a youth
athletic park organization, a statement issued by a board or body
vested with authority under Chapter 755. of the Revised Code for
the supervision and maintenance of recreation facilities in the
territory in which the organization is located, certifying that
the playing fields owned by the organization were used for at
least one hundred days during the year in which the statement is
issued, and were open for use to all residents of that territory,
regardless of race, color, creed, religion, sex, or national
origin, for athletic activities by youth athletic organizations
that do not discriminate on the basis of race, color, creed,
religion, sex, or national origin, and that the fields were not
used for any profit-making activity at any time during the year.
That type of board or body is authorized to issue the statement
upon request and shall issue the statement if it finds that the
applicant's playing fields were so used.
(3) The attorney general, within thirty days after receiving
a timely filed application from a charitable organization that has
been issued a license under this section that has not expired and
has not been revoked or suspended, shall send a temporary permit
to the applicant specifying the date on which the application was
filed with the attorney general and stating that, pursuant to
section 119.06 of the Revised Code, the applicant may continue to
conduct bingo until a new license is granted or, if the
application is rejected, until fifteen days after notice of the
rejection is mailed to the applicant. The temporary permit does
not affect the validity of the applicant's application and does
not grant any rights to the applicant except those rights
specifically granted in section 119.06 of the Revised Code. The
issuance of a temporary permit by the attorney general pursuant to
this division does not prohibit the attorney general from
rejecting the applicant's application because of acts that the
applicant committed, or actions that the applicant failed to take,
before or after the issuance of the temporary permit.
(4) Within thirty days after receiving an initial license
application from a charitable organization to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session, or charitable electronic instant bingo, the
attorney general shall conduct a preliminary review of the
application and notify the applicant regarding any deficiencies.
Once an application is deemed complete, or beginning on the
thirtieth day after the application is filed, if the attorney
general failed to notify the applicant of any deficiencies, the
attorney general shall have an additional sixty days to conduct an
investigation and either grant or deny the application based on
findings established and communicated in accordance with divisions
(B) and (E) of this section. As an option to granting or denying
an initial license application, the attorney general may grant a
temporary license and request additional time to conduct the
investigation if the attorney general has cause to believe that
additional time is necessary to complete the investigation and has
notified the applicant in writing about the specific concerns
raised during the investigation.
(B)(1) The attorney general shall adopt rules to enforce
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised
Code to ensure that bingo
or, instant bingo, or charitable
electronic instant bingo is conducted in accordance with those
sections and to maintain proper control over the conduct of bingo
or, instant bingo, or charitable electronic instant bingo. The
rules, except rules adopted pursuant to divisions (A)(2)(g) and
(G) of this section, shall be adopted pursuant to Chapter 119. of
the Revised Code. The attorney general shall license charitable
organizations to conduct bingo, instant bingo at a bingo session,
or instant bingo other than at a bingo session, or charitable
electronic instant bingo in conformance with this chapter and with
the licensing provisions of Chapter 119. of the Revised Code.
(2) The attorney general may refuse to grant a license to any
organization, or revoke or suspend the license of any
organization, that does any of the following or to which any of
the following applies:
(a) Fails or has failed at any time to meet any requirement
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to
2915.11 of the Revised Code, or violates or has violated any
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised
Code or any rule adopted by the attorney general pursuant to this
section;
(b) Makes or has made an incorrect or false statement that is
material to the granting of the license in an application filed
pursuant to division (A) of this section;
(c) Submits or has submitted any incorrect or false
information relating to an application if the information is
material to the granting of the license;
(d) Maintains or has maintained any incorrect or false
information that is material to the granting of the license in the
records required to be kept pursuant to divisions (A) and (C) of
section 2915.10 of the Revised Code, if applicable;
(e) The attorney general has good cause to believe that the
organization will not conduct bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session, or
charitable electronic instant bingo in accordance with sections
2915.07 to 2915.13 of the Revised Code or with any rule adopted by
the attorney general pursuant to this section.
(3) For the purposes of division (B) of this section, any
action of an officer, trustee, agent, representative, or bingo
game operator of an organization is an action of the organization.
(C) The attorney general may grant licenses to charitable
organizations that are branches, lodges, or chapters of national
charitable organizations.
(D) The attorney general shall send notice in writing to the
prosecuting attorney and sheriff of the county in which the
organization will conduct bingo, instant bingo at a bingo session,
or instant bingo other than at a bingo session, or charitable
electronic instant bingo, as stated in its application for a
license or amended license, and to any other law enforcement
agency in that county that so requests, of all of the following:
(1) The issuance of the license;
(2) The issuance of the amended license;
(3) The rejection of an application for and refusal to grant
a license;
(4) The revocation of any license previously issued;
(5) The suspension of any license previously issued.
(E) A license issued by the attorney general shall set forth
the information contained on the application of the charitable
organization that the attorney general determines is relevant,
including, but not limited to, the location at which the
organization will conduct bingo, instant bingo at a bingo session,
or instant bingo other than at a bingo session, or charitable
electronic instant bingo and the days of the week and the times on
each of those days when bingo will be conducted. If the attorney
general refuses to grant or revokes or suspends a license, the
attorney general shall notify the applicant in writing and
specifically identify the reason for the refusal, revocation, or
suspension in narrative form and, if applicable, by identifying
the section of the Revised Code violated. The failure of the
attorney general to give the written notice of the reasons for the
refusal, revocation, or suspension or a mistake in the written
notice does not affect the validity of the attorney general's
refusal to grant, or the revocation or suspension of, a license.
If the attorney general fails to give the written notice or if
there is a mistake in the written notice, the applicant may bring
an action to compel the attorney general to comply with this
division or to correct the mistake, but the attorney general's
order refusing to grant, or revoking or suspending, a license
shall not be enjoined during the pendency of the action.
(F) A charitable organization that has been issued a license
pursuant to division (B) of this section but that cannot conduct
bingo
or, instant bingo, or charitable electronic instant bingo at
the location, or on the day of the week or at the time, specified
on the license due to circumstances that make it impractical to do
so may apply in writing, together with an application fee of two
hundred fifty dollars, to the attorney general, at least thirty
days prior to a change in location, day of the week, or time, and
request an amended license. The application shall describe the
causes making it impractical for the organization to conduct bingo
or, instant bingo, or charitable electronic instant bingo in
conformity with its license and shall indicate the location, days
of the week, and times on each of those days when it desires to
conduct bingo
or, instant bingo, or charitable electronic instant
bingo. Except as otherwise provided in this division, the attorney
general shall issue the amended license in accordance with
division (E) of this section, and the organization shall surrender
its original license to the attorney general. The attorney general
may refuse to grant an amended license according to the terms of
division (B) of this section.
(G) The attorney general, by rule adopted pursuant to section
111.15 of the Revised Code, shall establish a schedule of reduced
license fees for charitable organizations that desire to conduct
bingo
or, instant bingo, or charitable electronic instant bingo
during fewer than twenty-six weeks in any calendar year.
(H) The attorney general, by rule adopted pursuant to section
111.15 of the Revised Code, shall establish license fees for the
conduct of bingo, instant bingo at a bingo session, or instant
bingo other than at a bingo session, or charitable electronic
instant bingo for charitable organizations that prior to the
effective date of this amendment July 1, 2003, have not been
licensed to conduct bingo, instant bingo at a bingo session, or
instant bingo other than at a bingo session, or charitable
electronic instant bingo under this chapter.
(I) The attorney general may enter into a written contract
with any other state agency to delegate to that state agency the
powers prescribed to the attorney general under Chapter 2915. of
the Revised Code.
(J) The attorney general, by rule adopted pursuant to section
111.15 of the Revised Code, may adopt rules to determine the
requirements for a charitable organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code to be in good
standing in the state.
Sec. 2915.081. (A) No distributor shall sell, offer to sell,
or otherwise provide or offer to provide bingo supplies to another
person, or modify, convert, add to, or remove parts from bingo
supplies to further their promotion or sale, for use in this state
without having obtained a license from the attorney general under
this section.
(B) The attorney general may issue a distributor license to
any person that meets the requirements of this section. The
application for the license shall be on a form prescribed by the
attorney general and be accompanied by the annual fee prescribed
by this section. The license is valid for a period of one year,
and the annual fee for the license is five thousand dollars.
(C) The attorney general may refuse to issue a distributor
license to any person to which any of the following applies, or to
any person that has an officer, partner, or other person who has
an ownership interest of ten per cent or more and to whom any of
the following applies:
(1) The person, officer, or partner has been convicted of a
felony under the laws of this state, another state, or the United
States.
(2) The person, officer, or partner has been convicted of any
gambling offense.
(3) The person, officer, or partner has made an incorrect or
false statement that is material to the granting of a license in
an application submitted to the attorney general under this
section or in a similar application submitted to a gambling
licensing authority in another jurisdiction if the statement
resulted in license revocation through administrative action in
the other jurisdiction.
(4) The person, officer, or partner has submitted any
incorrect or false information relating to the application to the
attorney general under this section, if the information is
material to the granting of the license.
(5) The person, officer, or partner has failed to correct any
incorrect or false information that is material to the granting of
the license in the records required to be maintained under
division (E) of section 2915.10 of the Revised Code.
(6) The person, officer, or partner has had a license related
to gambling revoked or suspended under the laws of this state,
another state, or the United States.
(D) The attorney general shall not issue a distributor
license to any person that is involved in the conduct of bingo on
behalf of a charitable organization or that is a lessor of
premises used for the conduct of bingo. This division does not
prohibit a distributor from advising charitable organizations on
the use and benefit of specific bingo supplies or prohibit a
distributor from advising a customer on operational methods to
improve bingo profitability.
(E)(1) No distributor shall sell, offer to sell, or otherwise
provide or offer to provide bingo supplies to any person, or
modify, convert, add to, or remove parts from bingo supplies to
further their promotion or sale, for use in this state except to
or for the use of a charitable organization that has been issued a
license under section 2915.08 of the Revised Code or to another
distributor that has been issued a license under this section. No
distributor shall accept payment for the sale or other provision
of bingo supplies other than by check or electronic fund transfer.
(2) No distributor may donate, give, loan, lease, or
otherwise provide any bingo supplies or equipment, or modify,
convert, add to, or remove parts from bingo supplies to further
their promotion or sale, to or for the use of a charitable
organization for use in a bingo session conditioned on or in
consideration for an exclusive right to provide bingo supplies to
the charitable organization. A distributor may provide a licensed
charitable organization with free samples of the distributor's
products to be used as prizes or to be used for the purpose of
sampling.
(3) No distributor shall purchase bingo supplies for use in
this state from any person except from a manufacturer issued a
license under section 2915.082 of the Revised Code or from another
distributor issued a license under this section. Subject to
division (D) of section 2915.082 of the Revised Code, no
distributor shall pay for purchased bingo supplies other than by
check or electronic fund transfer.
(4) No distributor shall participate in the conduct of bingo
on behalf of a charitable organization or have any direct or
indirect ownership interest in a premises used for the conduct of
bingo.
(5) No distributor shall knowingly solicit, offer, pay, or
receive any kickback, bribe, or undocumented rebate, directly or
indirectly, overtly or covertly, in cash or in kind, in return for
providing bingo supplies to any person in this state.
(6) Except as provided by and through the negotiations of the
Ohio statewide veterans, fraternal, and sporting coalition, no
distributor shall sell, offer to sell, give, loan, lease, or
otherwise provide or offer to provide charitable electronic
instant bingo to any veterans, fraternal, or sporting organization
that has been issued a license under section 2915.08 of the
Revised Code to conduct charitable electronic instant bingo.
(F) The attorney general shall affix a seal to a device a
distributor intends to sell, offer to sell, or otherwise provide
to a licensed organization to be used to conduct charitable
electronic instant bingo if the attorney general finds the device
meets the standards required under the law of this state. No
distributor of charitable electronic instant bingo shall sell,
offer to sell, or otherwise provide such a device to conduct
charitable electronic instant bingo unless the device is affixed
with the seal.
(G) The attorney general may suspend or revoke a distributor
license for any of the reasons for which the attorney general may
refuse to issue a distributor license specified in division (C) of
this section or if the distributor holding the license violates
any provision of this chapter or any rule adopted by the attorney
general under this chapter.
(G)(H) Whoever violates division (A) or (E) of this section
is guilty of illegally operating as a distributor. Except as
otherwise provided in this division, illegally operating as a
distributor is a misdemeanor of the first degree. If the offender
previously has been convicted of a violation of division (A) or
(E) of this section, illegally operating as a distributor is a
felony of the fifth degree.
Sec. 2915.083. (A) The Ohio statewide veterans, fraternal,
and sporting coalition is hereby recognized.
(B) For all charitable organizations licensed to conduct
charitable electronic instant bingo under section 2915.08 of the
Revised Code, the coalition shall negotiate, and as agreed to by a
majority of the coalition's members, all contract terms for
provision and maintenance of charitable electronic instant bingo.
No charitable organization that has been issued a license under
section 2915.08 of the Revised Code to conduct charitable
electronic instant bingo shall enter into a contract with a
distributor to buy, offer to buy, get, loan, lease, or otherwise
be provided or offered to be provided charitable electronic
instant bingo other than as negotiated by the coalition.
Sec. 2915.09. (A) No charitable organization that conducts
bingo shall fail to do any of the following:
(1) Own all of the equipment used to conduct bingo or lease
that equipment from a charitable organization that is licensed to
conduct bingo, or from the landlord of a premises where bingo is
conducted, for a rental rate that is not more than is customary
and reasonable for that equipment;
(2) Except as otherwise provided in division (A)(3) of this
section, use all of the gross receipts from bingo for paying
prizes, for reimbursement of expenses for or for renting premises
in which to conduct a bingo session, for reimbursement of expenses
for or for purchasing or leasing bingo supplies used in conducting
bingo, for reimbursement of expenses for or for hiring security
personnel, for reimbursement of expenses for or for advertising
bingo, or for reimbursement of other expenses or for other
expenses listed in division (LL) of section 2915.01 of the Revised
Code, provided that the amount of the receipts so spent is not
more than is customary and reasonable for a similar purchase,
lease, hiring, advertising, or expense. If the building in which
bingo is conducted is owned by the charitable organization
conducting bingo and the bingo conducted includes a form of bingo
described in division (S)(1) of section 2915.01 of the Revised
Code, the charitable organization may deduct from the total amount
of the gross receipts from each session a sum equal to the lesser
of six hundred dollars or forty-five per cent of the gross
receipts from the bingo described in that division as
consideration for the use of the premises.
(3) Use, or give, donate, or otherwise transfer, all of the
net profit derived from bingo, other than instant bingo, for a
charitable purpose listed in its license application and described
in division (Z) of section 2915.01 of the Revised Code, or
distribute all of the net profit from the proceeds of the sale of
instant bingo or charitable electronic instant bingo as stated in
its license application and in accordance with section 2915.101 of
the Revised Code.
(B) No charitable organization that conducts a bingo game
described in division (S)(1) of section 2915.01 of the Revised
Code shall fail to do any of the following:
(1) Conduct the bingo game on premises that are owned by the
charitable organization, on premises that are owned by another
charitable organization and leased from that charitable
organization for a rental rate not in excess of the lesser of six
hundred dollars per bingo session or forty-five per cent of the
gross receipts of the bingo session, on premises that are leased
from a person other than a charitable organization for a rental
rate that is not more than is customary and reasonable for
premises that are similar in location, size, and quality but not
in excess of four hundred fifty dollars per bingo session, or on
premises that are owned by a person other than a charitable
organization, that are leased from that person by another
charitable organization, and that are subleased from that other
charitable organization by the charitable organization for a
rental rate not in excess of four hundred fifty dollars per bingo
session. If the charitable organization leases from a person other
than a charitable organization the premises on which it conducts
bingo sessions, the lessor of the premises shall provide the
premises to the organization and shall not provide the
organization with bingo game operators, security personnel,
concessions or concession operators, bingo supplies, or any other
type of service. A charitable organization shall not lease or
sublease premises that it owns or leases to more than one other
charitable organization per calendar week for the purpose of
conducting bingo sessions on the premises. A person that is not a
charitable organization shall not lease premises that it owns,
leases, or otherwise is empowered to lease to more than three
charitable organizations per calendar week for conducting bingo
sessions on the premises. In no case shall more than nine bingo
sessions be conducted on any premises in any calendar week.
(2) Display its license conspicuously at the premises where
the bingo session is conducted;
(3) Conduct the bingo session in accordance with the
definition of bingo set forth in division (S)(1) of section
2915.01 of the Revised Code.
(C) No charitable organization that conducts a bingo game
described in division (S)(1) of section 2915.01 of the Revised
Code shall do any of the following:
(1) Pay any compensation to a bingo game operator for
operating a bingo session that is conducted by the charitable
organization or for preparing, selling, or serving food or
beverages at the site of the bingo session, permit any auxiliary
unit or society of the charitable organization to pay compensation
to any bingo game operator who prepares, sells, or serves food or
beverages at a bingo session conducted by the charitable
organization, or permit any auxiliary unit or society of the
charitable organization to prepare, sell, or serve food or
beverages at a bingo session conducted by the charitable
organization, if the auxiliary unit or society pays any
compensation to the bingo game operators who prepare, sell, or
serve the food or beverages;
(2) Pay consulting fees to any person for any services
performed in relation to the bingo session;
(3) Pay concession fees to any person who provides
refreshments to the participants in the bingo session;
(4) Except as otherwise provided in division (C)(4) of this
section, conduct more than three bingo sessions in any seven-day
period. A volunteer firefighter's organization or a volunteer
rescue service organization that conducts not more than five bingo
sessions in a calendar year may conduct more than three bingo
sessions in a seven-day period after notifying the attorney
general when it will conduct the sessions.
(5) Pay out more than six thousand dollars in prizes for
bingo games described in division (S)(1) of section 2915.01 of the
Revised Code during any bingo session that is conducted by the
charitable organization. "Prizes" does not include awards from the
conduct of instant bingo.
(6) Conduct a bingo session at any time during the ten-hour
period between midnight and ten a.m., at any time during, or
within ten hours of, a bingo game conducted for amusement only
pursuant to section 2915.12 of the Revised Code, at any premises
not specified on its license, or on any day of the week or during
any time period not specified on its license. Division (A)(6) of
this section does not prohibit the sale of instant bingo tickets
beginning at nine a.m. for a bingo session that begins at ten a.m.
If circumstances make it impractical for the charitable
organization to conduct a bingo session at the premises, or on the
day of the week or at the time, specified on its license or if a
charitable organization wants to conduct bingo sessions on a day
of the week or at a time other than the day or time specified on
its license, the charitable organization may apply in writing to
the attorney general for an amended license pursuant to division
(F) of section 2915.08 of the Revised Code. A charitable
organization may apply twice in each calendar year for an amended
license to conduct bingo sessions on a day of the week or at a
time other than the day or time specified on its license. If the
amended license is granted, the organization may conduct bingo
sessions at the premises, on the day of the week, and at the time
specified on its amended license.
(7) Permit any person whom the charitable organization knows,
or should have known, is under the age of eighteen to work as a
bingo game operator;
(8) Permit any person whom the charitable organization knows,
or should have known, has been convicted of a felony or gambling
offense in any jurisdiction to be a bingo game operator;
(9) Permit the lessor of the premises on which the bingo
session is conducted, if the lessor is not a charitable
organization, to provide the charitable organization with bingo
game operators, security personnel, concessions, bingo supplies,
or any other type of service;
(10) Purchase or lease bingo supplies from any person except
a distributor issued a license under section 2915.081 of the
Revised Code;
(11)(a) Use or permit the use of electronic bingo aids except
under the following circumstances:
(i) For any single participant, not more than ninety bingo
faces can be played using an electronic bingo aid or aids.
(ii) The charitable organization shall provide a participant
using an electronic bingo aid with corresponding paper bingo cards
or sheets.
(iii) The total price of bingo faces played with an
electronic bingo aid shall be equal to the total price of the same
number of bingo faces played with a paper bingo card or sheet sold
at the same bingo session but without an electronic bingo aid.
(iv) An electronic bingo aid cannot be part of an electronic
network other than a network that includes only bingo aids and
devices that are located on the premises at which the bingo is
being conducted or be interactive with any device not located on
the premises at which the bingo is being conducted.
(v) An electronic bingo aid cannot be used to participate in
bingo that is conducted at a location other than the location at
which the bingo session is conducted and at which the electronic
bingo aid is used.
(vi) An electronic bingo aid cannot be used to provide for
the input of numbers and letters announced by a bingo caller other
than the bingo caller who physically calls the numbers and letters
at the location at which the bingo session is conducted and at
which the electronic bingo aid is used.
(b) The attorney general may adopt rules in accordance with
Chapter 119. of the Revised Code that govern the use of electronic
bingo aids. The rules may include a requirement that an electronic
bingo aid be capable of being audited by the attorney general to
verify the number of bingo cards or sheets played during each
bingo session.
(12) Permit any person the charitable organization knows, or
should have known, to be under eighteen years of age to play bingo
described in division (S)(1) of section 2915.01 of the Revised
Code.
(D)(1) Except as otherwise provided in division (D)(3) of
this section, no charitable organization shall provide to a bingo
game operator, and no bingo game operator shall receive or accept,
any commission, wage, salary, reward, tip, donation, gratuity, or
other form of compensation, directly or indirectly, regardless of
the source, for conducting bingo or providing other work or labor
at the site of bingo during a bingo session.
(2) Except as otherwise provided in division (D)(3) of this
section, no charitable organization shall provide to a bingo game
operator any commission, wage, salary, reward, tip, donation,
gratuity, or other form of compensation, directly or indirectly,
regardless of the source, for conducting instant bingo other than
at a bingo session at the site of instant bingo other than at a
bingo session.
(3) Nothing in division (D) of this section prohibits an
employee of a fraternal organization, veteran's organization, or
sporting organization from selling instant bingo tickets or cards
to the organization's members or invited guests, as long as no
portion of the employee's compensation is paid from any receipts
of bingo.
(E) Notwithstanding division (B)(1) of this section, a
charitable organization that, prior to December 6, 1977, has
entered into written agreements for the lease of premises it owns
to another charitable organization or other charitable
organizations for the conducting of bingo sessions so that more
than two bingo sessions are conducted per calendar week on the
premises, and a person that is not a charitable organization and
that, prior to December 6, 1977, has entered into written
agreements for the lease of premises it owns to charitable
organizations for the conducting of more than two bingo sessions
per calendar week on the premises, may continue to lease the
premises to those charitable organizations, provided that no more
than four sessions are conducted per calendar week, that the
lessor organization or person has notified the attorney general in
writing of the organizations that will conduct the sessions and
the days of the week and the times of the day on which the
sessions will be conducted, that the initial lease entered into
with each organization that will conduct the sessions was filed
with the attorney general prior to December 6, 1977, and that each
organization that will conduct the sessions was issued a license
to conduct bingo games by the attorney general prior to December
6, 1977.
(F) This section does not prohibit a bingo licensed
charitable organization or a game operator from giving any person
an instant bingo ticket as a prize.
(G) Whoever violates division (A)(2) of this section is
guilty of illegally conducting a bingo game, a felony of the
fourth degree. Except as otherwise provided in this division,
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),
(C)(1) to (12), or (D) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of a
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)
to (11), or (D) of this section, a violation of division (A)(1) or
(3), (B)(1), (2), or (3), (C), or (D) of this section is a
misdemeanor of the first degree. Whoever violates division (C)(12)
of this section is guilty of a misdemeanor of the first degree, if
the offender previously has been convicted of a violation of
division (C)(12) of this section, a felony of the fourth degree.
Sec. 2915.095. The attorney general, by rule adopted pursuant
to section 111.15 of the Revised Code, shall establish a standard
contract to be used by a charitable instant bingo organization, a
veteran's organization, , a fraternal organization, or a sporting
organization for the conduct of instant bingo other than at a
bingo session or charitable electronic instant bingo. The terms of
the contract shall be limited to the provisions in Chapter 2915.
of the Revised Code.
Sec. 2915.096. (A) No charitable organization that conducts
charitable electronic instant bingo shall do any of the following:
(1) Fail to comply with the requirements of divisions (A)(1),
(2), and (3) of section 2915.09 of the Revised Code;
(2) Conduct charitable electronic instant bingo unless that
organization is, and has received from the internal revenue
service a determination letter that is currently in effect stating
that the organization is, exempt from federal income taxation
under subsection 501(a), is described in subsection 501(c)(7),
501(c)(8), 501(c)(10), or 501(c)(19), or is a veteran's
organization described in subsection 501(c)(4) of the Internal
Revenue Code, and conducts instant bingo under section 2915.13 of
the Revised Code;
(3) Conduct charitable electronic instant bingo on any day,
at any time, or at any premises not specified on the
organization's license issued under section 2915.08 of the Revised
Code;
(4) Permit any person whom the organization knows or should
have known has been convicted of a felony or gambling offense in
any jurisdiction to operate or perform any type of maintenance in
the conduct of charitable electronic instant bingo;
(5) Purchase or lease supplies used to conduct charitable
electronic instant bingo from any person except a distributor
licensed under section 2915.081 of the Revised Code;
(6) Allow a person under eighteen years of age to play,
wager, operate, or perform any type of maintenance in the conduct
of charitable electronic instant bingo;
(7) Pay any compensation to a bingo maintenance person for
conducting charitable electronic instant bingo;
(8) Pay fees to any person who provides refreshments to
charitable electronic instant bingo participants from the profits
of the charitable electronic instant bingo;
(9) Allow charitable electronic instant bingo to be played by
a bingo maintenance person at a premises at which the organization
conducts charitable electronic instant bingo or to be played by
employees of a person issued a D liquor permit under Chapter 4303.
of the Revised Code who are working at a premises at which
charitable electronic instant bingo is conducted;
(10) Possess a charitable electronic instant bingo machine
that was not purchased or leased from a distributor licensed under
section 2915.081 of the Revised Code as reflected on a seal
affixed by the attorney general under that section;
(11) Fail to pay a player for any reason other than fraud by
the player or malfunction of the machine;
(12) Possess charitable electronic instant bingo supplies
that were not obtained in accordance with sections 2915.01 to
2915.13 of the Revised Code.
(B) A veteran's organization, fraternal organization, or
sporting organization that conducts charitable electronic instant
bingo shall limit the conduct of charitable electronic instant
bingo to the organization's premises and to the organization's
members and invited guests.
(C) A veteran's organization, fraternal organization, or
sporting organization with a membership of at least one hundred
members shall be permitted up to four charitable electronic
instant bingo machines. Each organization shall be permitted one
additional machine for each additional one hundred members, with a
maximum of twenty total machines for each organization.
(D) If a veteran's organization, fraternal organization, or
sporting organization licensed to conduct charitable electronic
instant bingo under section 2915.08 of the Revised Code has been
issued a liquor permit under Chapter 4303. of the Revised Code,
the liquor permit may be subject to suspension, revocation, or
cancellation if the organization violates this chapter.
(E) The attorney general may adopt rules under Chapter 119.
of the Revised Code to govern the conduct of charitable electronic
instant bingo. Before adopting any such rules, the attorney
general shall reference the recommended standards for
randomization, minimum information, winner protection, and other
standards established by the North American gaming regulators
association.
(F) Whoever violates division (A) of this section or a rule
adopted under division (E) of this section is guilty of illegal
charitable electronic instant bingo conduct. For the first
offense, illegal charitable electronic instant bingo conduct is a
misdemeanor of the first degree. For each subsequent offense,
illegal charitable electronic instant bingo conduct is a felony of
the fifth degree.
Sec. 2915.101. Except as otherwise provided by law, a
charitable organization that conducts instant bingo or charitable
electronic instant bingo shall distribute the net profit from the
proceeds of the sale of instant bingo or charitable electronic
instant bingo as follows:
(A)(1) If a veteran's organization, a fraternal organization,
or a sporting organization conducted the instant bingo or
charitable electronic instant bingo, the organization shall
distribute the net profit from the proceeds of the sale of instant
bingo or charitable electronic instant bingo, as follows:
(a) For the first two hundred fifty thousand dollars, or a
greater amount prescribed by the attorney general to adjust for
changes in prices as measured by the consumer price index as
defined in section 325.18 of the Revised Code and other factors
affecting the organization's expenses as defined in division (LL)
of section 2915.01 of the Revised Code, or less of net profit from
the proceeds of the sale of instant bingo or charitable electronic
instant bingo generated in a calendar year:
(i) At least twenty-five per cent shall be distributed to an
organization described in division (Z)(1) of section 2915.01 of
the Revised Code or to a department or agency of the federal
government, the state, or any political subdivision.
(ii) Not more than seventy-five per cent may be deducted and
retained by the organization for reimbursement of or for the
organization's expenses, as defined in division (LL) of section
2915.01 of the Revised Code, in conducting the instant bingo or
charitable electronic instant bingo game.
(b) For any net profit from the proceeds of the sale of
instant bingo or charitable electronic instant bingo of more than
two hundred fifty thousand dollars or an adjusted amount generated
in a calendar year:
(i) A minimum of fifty per cent shall be distributed to an
organization described in division (Z)(1) of section 2915.01 of
the Revised Code or to a department or agency of the federal
government, the state, or any political subdivision.
(ii) Five per cent may be distributed for the organization's
own charitable purposes or to a community action agency.
(iii) Forty-five per cent may be deducted and retained by the
organization for reimbursement of or for the organization's
expenses, as defined in division (LL) of section 2915.01 of the
Revised Code, in conducting the instant bingo or charitable
electronic instant bingo game.
(2) If a veteran's organization, a fraternal organization, or
a sporting organization does not distribute the full percentages
specified in divisions (A)(1)(a) and (b) of this section for the
purposes specified in those divisions, the organization shall
distribute the balance of the net profit from the proceeds of the
sale of instant bingo or charitable electronic instant bingo not
distributed or retained for those purposes to an organization
described in division (Z)(1) of section 2915.01 of the Revised
Code.
(B) If a charitable organization other than a veteran's
organization, a fraternal organization, or a sporting organization
conducted the instant bingo or charitable electronic instant
bingo, the organization shall distribute one hundred per cent of
the net profit from the proceeds of the sale of instant bingo or
charitable electronic instant bingo to an organization described
in division (Z)(1) of section 2915.01 of the Revised Code or to a
department or agency of the federal government, the state, or any
political subdivision.
(C) Nothing in this section prohibits a veteran's
organization, a fraternal organization, or a sporting organization
from distributing any net profit from the proceeds of the sale of
instant bingo or charitable electronic instant bingo to an
organization that is described in subsection 501(c)(3) of the
Internal Revenue Code when the organization that is described in
subsection 501(c)(3) of the Internal Revenue Code is one that
makes donations to other organizations and permits donors to
advise or direct such donations so long as the donations comply
with requirements established in or pursuant to subsection
501(c)(3) of the Internal Revenue Code.
Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised
Code do not apply to bingo games that are conducted for the
purpose of amusement only. A bingo game is conducted for the
purpose of amusement only if it complies with all of the
requirements specified in either division (A)(1) or (2) of this
section:
(1)(a) The participants do not pay any money or any other
thing of value including an admission fee, or any fee for bingo
cards or sheets, objects to cover the spaces, or other devices
used in playing bingo, for the privilege of participating in the
bingo game, or to defray any costs of the game, or pay tips or
make donations during or immediately before or after the bingo
game.
(b) All prizes awarded during the course of the game are
nonmonetary, and in the form of merchandise, goods, or
entitlements to goods or services only, and the total value of all
prizes awarded during the game is less than one hundred dollars.
(c) No commission, wages, salary, reward, tip, donation,
gratuity, or other form of compensation, either directly or
indirectly, and regardless of the source, is paid to any bingo
game operator for work or labor performed at the site of the bingo
game.
(d) The bingo game is not conducted either during or within
ten hours of any of the following:
(i) A bingo session during which a charitable bingo game is
conducted pursuant to sections 2915.07 to 2915.11 of the Revised
Code;
(ii) A scheme or game of chance, or bingo described in
division (S)(2) of section 2915.01 of the Revised Code.
(e) The number of players participating in the bingo game
does not exceed fifty.
(2)(a) The participants do not pay money or any other thing
of value as an admission fee, and no participant is charged more
than twenty-five cents to purchase a bingo card or sheet, objects
to cover the spaces, or other devices used in playing bingo.
(b) The total amount of money paid by all of the participants
for bingo cards or sheets, objects to cover the spaces, or other
devices used in playing bingo does not exceed one hundred dollars.
(c) All of the money paid for bingo cards or sheets, objects
to cover spaces, or other devices used in playing bingo is used
only to pay winners monetary and nonmonetary prizes and to provide
refreshments.
(d) The total value of all prizes awarded during the game
does not exceed one hundred dollars.
(e) No commission, wages, salary, reward, tip, donation,
gratuity, or other form of compensation, either directly or
indirectly, and regardless of the source, is paid to any bingo
game operator for work or labor performed at the site of the bingo
game.
(f) The bingo game is not conducted during or within ten
hours of either of the following:
(i) A bingo session during which a charitable bingo game is
conducted pursuant to sections 2915.07 to 2915.11 of the Revised
Code;
(ii) A scheme of chance or game of chance, or bingo described
in division (S)(2) or (3) of section 2915.01 of the Revised Code.
(g) All of the participants reside at the premises where the
bingo game is conducted.
(h) The bingo games are conducted on different days of the
week and not more than twice in a calendar week.
(B) The attorney general or any local law enforcement agency
may investigate the conduct of a bingo game that purportedly is
conducted for purposes of amusement only if there is reason to
believe that the purported amusement bingo game does not comply
with the requirements of either division (A)(1) or (2) of this
section. A local law enforcement agency may proceed by action in
the proper court to enforce this section if the local law
enforcement agency gives written notice to the attorney general
when commencing the action.
Section 2. That existing sections 2915.01, 2915.08,
2915.081, 2915.09, 2915.095, 2915.101, and 2915.12 of the Revised
Code are hereby repealed.
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