The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 317 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
A BILL
To amend sections 2915.01, 2915.03, 3772.01, 3772.03,
3772.032, 3772.033, 3772.04, 3772.06, 3772.07,
3772.09, 3772.10, 3772.17, 3772.21, 3772.23,
3772.24, 3772.30, 3772.31, and 3772.99 and to
enact sections 2915.062, 3772.071, 3772.301,
3772.35, and 3772.36 of the Revised Code to
provide for the licensing and regulation of
sweepstakes terminal device operators, vendors,
and key employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2915.01, 2915.03, 3772.01, 3772.03,
3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.09, 3772.10,
3772.17, 3772.21, 3772.23, 3772.24, 3772.30, 3772.31, and 3772.99
be amended and sections 2915.062, 3772.071, 3772.301, 3772.35, and
3772.36 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;
(6) Skill-based amusement machines, slot machines, or
sweepstakes terminal devices 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, 2915.062, 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 of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards or sheets, including
paper formats and electronic representation or image formats, that
are divided into twenty-five spaces arranged in five horizontal
and five vertical rows of spaces, with each space, except the
central space, being designated by a combination of a letter and a
number and with the central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards or
sheets that correspond to combinations of letters and numbers that
are announced by a bingo game operator.
(c) A bingo game operator announces combinations of letters
and numbers that appear on objects that a bingo game operator
selects by chance, either manually or mechanically, from a
receptacle that contains seventy-five objects at the beginning of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards or sheets.
(d) The winner of the bingo game includes any participant who
properly announces during the interval between the announcements
of letters and numbers as described in division (S)(1)(c) of this
section, that a predetermined and preannounced pattern of spaces
has been covered on a bingo card or sheet being used by the
participant.
(2) Instant bingo, punch boards, and raffles.
(T) "Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance.
(U) "Bingo game operator" means any person, except security
personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from participants,
handing out bingo cards or sheets or objects to cover spaces on
bingo cards or sheets, selecting from a receptacle the objects
that contain the combination of letters and numbers that appear on
bingo cards or sheets, calling out the combinations of letters and
numbers, distributing prizes, selling or redeeming instant bingo
tickets or cards, supervising the operation of a punch board,
selling raffle tickets, selecting raffle tickets from a receptacle
and announcing the winning numbers in a raffle, and preparing,
selling, and serving food or beverages.
(V) "Participant" means any person who plays bingo.
(W) "Bingo session" means a period that includes both of the
following:
(1) Not to exceed five continuous hours for the conduct of
one or more games described in division (S)(1) of this section,
instant bingo, and seal cards;
(2) A period for the conduct of instant bingo and seal cards
for not more than two hours before and not more than two hours
after the period described in division (W)(1) of this section.
(X) "Gross receipts" means all money or assets, including
admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses
of conducting bingo. "Gross receipts" does not include any money
directly taken in from the sale of food or beverages by a
charitable organization conducting bingo, or by a bona fide
auxiliary unit or society of a charitable organization conducting
bingo, provided all of the following apply:
(1) The auxiliary unit or society has been in existence as a
bona fide auxiliary unit or society of the charitable organization
for at least two years prior to conducting bingo.
(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items customarily
received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and
reasonable prices.
(Y) "Security personnel" includes any person who either is a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79 of
the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.
(Z) "Charitable purpose" means that the net profit of bingo,
other than instant bingo, is used by, or is given, donated, or
otherwise transferred to, any of the following:
(1) Any organization that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code
and is either a governmental unit or an organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code;
(2) A veteran's organization that is a post, chapter, or
organization of veterans, or an auxiliary unit or society of, or a
trust or foundation for, any such post, chapter, or organization
organized in the United States or any of its possessions, at least
seventy-five per cent of the members of which are veterans and
substantially all of the other members of which are individuals
who are spouses, widows, or widowers of veterans, or such
individuals, provided that no part of the net earnings of such
post, chapter, or organization inures to the benefit of any
private shareholder or individual, and further provided that the
net profit is used by the post, chapter, or organization for the
charitable purposes set forth in division (B)(12) of section
5739.02 of the Revised Code, is used for awarding scholarships to
or for attendance at an institution mentioned in division (B)(12)
of section 5739.02 of the Revised Code, is donated to a
governmental agency, or is used for nonprofit youth activities,
the purchase of United States or Ohio flags that are donated to
schools, youth groups, or other bona fide nonprofit organizations,
promotion of patriotism, or disaster relief;
(3) A fraternal organization that has been in continuous
existence in this state for fifteen years and that uses the net
profit exclusively for religious, charitable, scientific,
literary, or educational purposes, or for the prevention of
cruelty to children or animals, if contributions for such use
would qualify as a deductible charitable contribution under
subsection 170 of the Internal Revenue Code;
(4) A volunteer firefighter's organization that uses the net
profit for the purposes set forth in division (L) of this section.
(AA) "Internal Revenue Code" means the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(BB) "Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(CC) "Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of the
following:
(1) It owns, operates, and maintains playing fields that
satisfy both of the following:
(a) The playing fields are used at least one hundred days per
year for athletic activities by one or more organizations, not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for
the operation, maintenance, and improvement of its playing fields
of the type described in division (CC)(1) of this section.
(DD) "Amateur athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are training for amateur
athletic competition that is sanctioned by a national governing
body as defined in the "Amateur Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373.
(EE) "Bingo supplies" means bingo cards or sheets; instant
bingo tickets or cards; electronic bingo aids; raffle tickets;
punch boards; seal cards; instant bingo ticket dispensers; and
devices for selecting or displaying the combination of bingo
letters and numbers or raffle tickets. Items that are "bingo
supplies" are not gambling devices if sold or otherwise provided,
and used, in accordance with this chapter. For purposes of this
chapter, "bingo supplies" are not to be considered equipment used
to conduct a bingo game.
(FF) "Instant bingo" means a form of bingo that uses folded
or banded tickets or paper cards with perforated break-open tabs,
a face of which is covered or otherwise hidden from view to
conceal a number, letter, or symbol, or set of numbers, letters,
or symbols, some of which have been designated in advance as prize
winners. "Instant bingo" includes seal cards. "Instant bingo" does
not include any device that is activated by the insertion of a
coin, currency, token, or an equivalent, and that contains as one
of its components a video display monitor that is capable of
displaying numbers, letters, symbols, or characters in winning or
losing combinations.
(GG) "Seal card" means a form of instant bingo that uses
instant bingo tickets in conjunction with a board or placard that
contains one or more seals that, when removed or opened, reveal
predesignated winning numbers, letters, or symbols.
(HH) "Raffle" means a form of bingo in which the one or more
prizes are won by one or more persons who have purchased a raffle
ticket. The one or more winners of the raffle are determined by
drawing a ticket stub or other detachable section from a
receptacle containing ticket stubs or detachable sections
corresponding to all tickets sold for the raffle. "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.
(WW) "Net profit from the proceeds of the sale of instant
bingo" means gross profit minus the ordinary, necessary, and
reasonable expense expended for the purchase of instant bingo
supplies.
(XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or
a sporting organization in regards to bingo conducted or assisted
by a veteran's organization, a fraternal organization, or a
sporting organization pursuant to section 2915.13 of the Revised
Code.
(YY) "Game flare" means the board or placard that accompanies
each deal of instant bingo tickets and that has printed on or
affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(5) The prize structure, including the number of winning
instant bingo tickets by denomination and the respective winning
symbol or number combinations for the winning instant bingo
tickets;
(7) The serial number of the game.
(ZZ) "Historic railroad educational organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code, that owns in fee simple the tracks and the
right-of-way of a historic railroad that the organization restores
or maintains and on which the organization provides excursions as
part of a program to promote tourism and educate visitors
regarding the role of railroad transportation in Ohio history, and
that received as donations from a charitable organization that
holds a license to conduct bingo under this chapter an amount
equal to at least fifty per cent of that licensed charitable
organization's net proceeds from the conduct of bingo during each
of the five years preceding June 30, 2003. "Historic railroad"
means all or a portion of the tracks and right-of-way of a
railroad that was owned and operated by a for-profit common
carrier in this state at any time prior to January 1, 1950.
(AAA)(1) "Skill-based amusement machine" means a 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.
A card for the purchase of gasoline is a redeemable voucher
for purposes of division (AAA)(1) of this section even if the
skill-based amusement machine for the play of which the card is
awarded is located at a place where gasoline may not be legally
distributed to the public or the card is not redeemable at the
location of, or at the time of playing, the skill-based amusement
machine.
(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) "Sweepstakes" means any game, contest, advertising
scheme or plan, or other promotion, but does not include bingo, or
games or lotteries conducted by the state lottery commission, in
which consideration is not required for a person to enter to win
or to become eligible to receive any prize, the determination of
which is based upon chance.
(HHH)(1) "Sweepstakes terminal device" means a mechanical,
video, digital, or electronic machine or device that is owned,
leased, or otherwise possessed by any person conducting a
sweepstakes, or by that person's partners, affiliates,
subsidiaries, or contractors, that is intended to be used by a
sweepstakes participant who purchases a tangible product to enter
a sweepstakes, and that is capable of displaying information on a
screen or other mechanism. A device is a sweepstakes terminal
device whether or not any of the following apply:
(a) The device is server-based.
(b) The device uses a simulated game terminal as a
representation of the prizes associated with the results of the
sweepstakes entries.
(c) The device utilizes software such that the simulated game
influences or determines the winning of or value of the prize.
(d) The device selects prizes from a predetermined finite
pool of entries.
(e) The device utilizes a mechanism that reveals the content
of a predetermined sweepstakes entry.
(f) The device predetermines the prize results and stores
those results for delivery at the time the sweepstakes entry
results are revealed.
(g) The device utilizes software to create a game result.
(h) The device requires deposit of any money, coin, or token,
or the use of any credit card, debit card, prepaid card, or any
other method of payment to activate the electronic machine or
device.
(i) The device requires direct payment into the device, or
remote activation of the device.
(j) The device reveals the prize incrementally, even though
the device does not influence the awarding of a prize or the value
of any prize awarded.
(k) The device determines and associates the prize with an
entry or entries at the time the sweepstakes is entered.
(l) The device is a slot machine or other form of electrical,
mechanical, or computer game.
(2) As used in division (HHH) of this section:
(a) "Enter" means the purchase of a tangible product by which
a person becomes eligible to receive any prize offered in a
sweepstakes.
(b) "Entry" means one event from the initial activation of
the sweepstakes terminal device until all sweepstakes prize
results from that activation are revealed.
(c) "Prize" means any gift, award, gratuity, good, service,
credit, reward, or any other thing of value that may be
transferred to a person, whether possession of the prize is
actually transferred, or placed on an account or other record as
evidence of the intent to transfer the prize.
Sec. 2915.03. (A) No person, being the owner or lessee, or
having custody, control, or supervision of premises, shall:
(1) Use or occupy such premises for gambling in violation of
section 2915.02 or 2915.062 of the Revised Code;
(2) Recklessly permit such premises to be used or occupied
for gambling in violation of section 2915.02 or 2915.062 of the
Revised Code.
(B) Whoever violates this section is guilty of operating a
gambling house, a misdemeanor of the first degree. If the offender
previously has been convicted of a gambling offense, operating a
gambling house is a felony of the fifth degree.
(C) Premises used or occupied in violation of this section
constitute a nuisance subject to abatement pursuant to sections
3767.01 to 3767.99 of the Revised Code.
Sec. 2915.062. (A) As used in this section, "entry" and
"prize" have the meanings defined in division (HHH)(2) of section
2915.01 of the Revised Code.
(B) No person conducting a sweepstakes with the use of a
sweepstakes terminal device, including the entry of a sweepstakes
or the reveal of a prize, shall do any of the following:
(1) Give to another person plays on games of chance, state
lottery tickets, bingo, or instant bingo, or firearms, tobacco, or
alcoholic beverages, or a redeemable voucher for any of those
items as a prize for playing or participating in a sweepstakes;
(2) Conduct a sweepstakes through the use of a sweepstakes
terminal device without first obtaining all required licenses and
certifications under Chapter 3772. of the Revised Code;
(3) Fail to display all required licenses and certifications
conspicuously at any location where sweepstakes terminal device
gaming is conducted or, as applicable, on the sweepstakes terminal
device.
(C) No person shall conduct a sweepstakes with the use of a
sweepstakes terminal device, or supply a sweepstakes terminal
device or related equipment, goods, or services to any person for
use at a sweepstakes terminal device facility, within the
boundaries of a municipal corporation or township the legislative
authority of which has not adopted an ordinance or resolution
affirmatively allowing the operation of sweepstakes terminal
devices in its jurisdiction.
(D) Whoever violates division (B)(1) of this section is
guilty of sweepstakes prohibited conduct. A violation of division
(B)(1) of this section is a misdemeanor of the first degree for
each redemption of a prize that is involved in the violation. If
the offender previously has been convicted of a violation of
division (B)(1) of this section, a violation of that division is a
felony of the fifth degree for each redemption of a prize that is
involved in the violation. The maximum fine authorized to be
imposed for a felony of the fifth degree shall be imposed upon the
offender.
(E) Whoever violates division (B)(2) or (3) or division (C)
of this section is guilty of conducting an illegal sweepstakes, a
felony of the fourth degree.
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 control commission fund" means the casino control
commission fund described in Section 6(C)(3)(d) of Article XV,
Ohio Constitution, the money in which shall be used to fund the
commission and its related affairs.
(C) "Casino facility" means a casino facility as defined in
Section 6(C)(9) of Article XV, Ohio Constitution.
(D) "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.
(E) "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.
(F) "Casino operator" means any person, trust, corporation,
partnership, limited partnership, association, limited liability
company, or other business enterprise that directly or indirectly
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.
(G) "Central system" means a computer system that provides
the following functions related to casino gaming equipment and
sweepstakes terminal devices used in connection with casino gaming
and sweepstakes terminal device gaming authorized under this
chapter: security, auditing, data and information retrieval, and
other purposes deemed necessary and authorized by the commission.
(H) "Commission" means the Ohio casino control commission.
(I) "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 sweepstakes terminal device 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.
(J) "Gaming-related vendor" means any individual,
partnership, corporation, association, trust, or any other group
of individuals, however organized, who supplies gaming-related
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, but not limited to, the
manufacture, sale, distribution, or repair of slot machines and
table game equipment.
(K) "Holding company" means any corporation, firm,
partnership, limited partnership, limited liability company,
trust, or other form of business organization not a natural person
which that directly or indirectly owns, has the power or right to
control, or holds with power to vote, any part of an applicant,
a
casino operator, management company, or gaming-related vendor,
sweepstakes terminal device operator, or sweepstakes terminal
device vendor license applicant or licensee.
(L) "Initial investment" includes costs related to
demolition, engineering, architecture, design, site preparation,
construction, infrastructure improvements, land acquisition,
fixtures and equipment, insurance related to construction, and
leasehold improvements.
(M) "Institutional investor" means any of the following
entities owning one per cent or less, or a percentage between one
and ten per cent as approved by the commission through 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.
(N) "Key employee" means any executive, employee, or agent of
a casino operator or, management company, sweepstakes terminal
device vendor, or sweepstakes terminal device operator 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, sweepstakes terminal device
operator, or sweepstakes terminal device 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, sweepstakes terminal device operator, or sweepstakes
terminal device vendor license;
(2) A person that holds a direct or indirect ownership
interest of more than one per cent in a person that has applied
for or holds a casino operator, management company, or
gaming-related vendor, sweepstakes terminal device operator, or
sweepstakes terminal device vendor license, or a holding company
that has control of a person that has applied for or holds a
casino operator, management company, or gaming-related vendor,
sweepstakes terminal device operator, or sweepstakes terminal
device vendor license;
(3) A managerial employee of a person that has applied for or
holds a casino operator or, gaming-related vendor, sweepstakes
terminal device operator, or sweepstakes terminal device 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, sweepstakes terminal
device operator, or sweepstakes terminal device vendor license in
Ohio, who performs the function of principal executive officer,
principal operating officer, principal accounting officer, or an
equivalent officer or other person the commission determines to
have the power to exercise significant influence over decisions
concerning any part of the operation of such licensee.
The commission shall determine whether an individual whose
duties or status varies from those described in this division also
is considered a key employee.
(O) "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.
(P) "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.
(Q) "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.
(R) "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.
(S) "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.
(T) "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.
(U) "Promotional gaming credit" means a slot machine or table
game credit, discount, or other similar item issued to a patron to
enable the placement of, or increase in, a wager at a slot machine
or table game.
(V) "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.
(W) "Sweepstakes" and "sweepstakes terminal device" have the
meanings defined in section 2915.01 of the Revised Code.
(X) "Sweepstakes terminal device gaming" means any
sweepstakes conducted through the use of a sweepstakes terminal
device. "Sweepstakes terminal device gaming" does not include
charitable gaming and bingo authorized by Chapter 2915. of the
Revised Code, pari-mutuel wagering authorized by Chapter 3769. of
the Revised Code, or games or lotteries authorized by Chapter
3770. of the Revised Code.
(Y) "Sweepstakes terminal device operator" means a person
that provides sweepstakes terminal devices to a sweepstakes
entrant.
(Z) "Sweepstakes terminal device facility" means any location
in this state where a sweepstakes terminal device is provided to a
sweepstakes entrant.
(AA) "Sweepstakes terminal device vendor" means any person,
however organized, who supplies sweepstakes terminal devices or
related equipment, goods, or services to a sweepstakes terminal
device operator, including, but not limited to, the manufacture,
sale, distribution, or repair of sweepstakes terminal devices and
related equipment.
(BB) "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.
(X)(CC) "Upfront license" means the first plenary license
issued to a casino operator.
(Y)(DD) "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 names on a
voluntary exclusion list and following the procedures set forth by
the commission.
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,
casino gaming 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) To ensure the integrity of sweepstakes terminal device
gaming, the commission shall have the authority to complete the
functions of licensing, regulating, investigating, and penalizing
sweepstakes terminal device vendors, sweepstakes terminal device
operators, and key employees of these vendors and operators.
(C) All rules adopted by the commission under this chapter
shall be adopted under procedures established in Chapter 119. of
the Revised Code. The commission may contract for the services of
experts and consultants to assist the commission in carrying out
its duties under this section.
(C)(D)(1) Within six months of the effective date of this
section
September 10, 2010, 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)(E) of this section.
(2) Within six months of the effective date of this
amendment, the commission shall adopt initial rules as are
necessary for completing the functions stated in division (B) of
this section and for addressing the subjects enumerated in
division (E) of this section. No functions stated in division (B)
of this section may be commenced until the initial rules are
adopted.
(D)(E) 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 this chapter;
(4) Describing the certification standards and duties of the
following: an independent testing laboratory certified under
section 3772.31 of the Revised Code and the relationship between
the commission, the laboratory, the gaming-related vendor, and the
casino operator, and the relationship between the commission, the
laboratory, the sweepstakes terminal device vendor, and the
sweepstakes terminal device operator;
(5) The minimum amount of insurance that must be maintained
by a casino operator, management company, holding company, or
gaming-related vendor, sweepstakes terminal device vendor, or
sweepstakes terminal device operator;
(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 and sweepstakes terminal
device vendors;
(8) Identifying For all casino gaming and sweepstakes
terminal device gaming that is licensed by the commission:
(a) Identifying the casino gaming that is permitted,
identifying;
(b) Identifying the gaming supplies, devices, and equipment,
that are permitted, defining;
(c) Defining the area in which the permitted casino gaming
and sweepstakes terminal device gaming may be conducted, and
specifying;
(d) Specifying the method of operation according to which the
permitted casino and sweepstakes terminal device gaming is to be
conducted as provided in section 3772.20 of the Revised Code, and
requiring this chapter;
(e) Requiring gaming devices and equipment to meet the
standards of this state;
(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
and the agents and employees of the 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 the commission to adopt standards regarding
the marketing materials of a licensed casino operator, and a
licensed sweepstakes terminal device operator, including allowing
the commission to prohibit marketing materials that are contrary
to the adopted standards;
(12) Requiring that the records, including financial
statements, of any casino operator, management company, holding
company, and gaming-related vendor, sweepstakes terminal device
vendor, and sweepstakes terminal device operator be maintained in
the manner prescribed by the commission and made available for
inspection upon demand by the commission, but shall be subject to
section 3772.16 of the Revised Code;
(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, and standards for
provisional licenses for casino gaming employees who submit
complete applications and are compliant under an instant
background check. A provisional license shall be valid not longer
than three months. A provisional license may be renewed one time,
at the commission's discretion, for an additional three months. In
establishing standards with regard to instant background checks,
the commission shall take notice of criminal records checks as
they are conducted under section 311.41 of the Revised Code using
electronic fingerprint reading devices.
(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 Chapter 5753. of the
Revised Code;
(18) Prescribing the manner in which winnings or compensation
from sweepstakes terminal devices must be computed and reported by
a licensee under this chapter;
(19) Prescribing conditions under which a licensee's license
may be suspended or revoked as described in section 3772.04 of the
Revised Code;
(19)(20) Prescribing the manner and procedure of all hearings
to be conducted by the commission or by any hearing examiner;
(20)(21) 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)(22) 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)(23) Prescribing standards according to which casino
operators shall keep accounts and standards according to which
casino accounts shall be audited, and establish establishing 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)(24) Prescribing standards under which sweepstakes
terminal device vendors and sweepstakes terminal device operators
shall keep accounts, prescribing standards for auditing such
accounts, and establishing means to assist the tax commissioner in
levying and collecting all applicable taxes;
(25) Defining penalties for violation of commission rules and
a process for imposing such penalties subject to the review of the
joint committee on gaming and wagering;
(24)(26) Establishing standards for decertifying contractors
that violate statutes or rules of this state or the federal
government;
(25)(27) Establishing standards for the repair of casino
gaming equipment, and sweepstakes terminal devices and related
equipment;
(26)(28) Establishing procedures to ensure that casino
operators, management companies, and holding companies are
compliant with the compulsive and problem gambling plan submitted
under section 3772.18 of the Revised Code;
(27)(29) Providing for any other thing necessary and proper
for the successful and efficient regulation of casino gaming and
sweepstakes terminal device gaming under this chapter, including,
as the commission may consider necessary, standards and
requirements for security, surveillance, and surveillance
equipment at sweepstakes terminal device facilities.
(E)(F) As applied to sweepstakes terminal device facilities,
the commission may adopt, and as advisable and necessary may amend
or rescind, rules that establish and implement a voluntary
exclusion program for persons that is similar to the program
established under division (E)(10) of this section.
(G) 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)(H) 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 and sweepstakes terminal
device facilities to carry out the requirements of this chapter.
(G)(I)(1) 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)(a) 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)(b) The person violates or conspires to violate this
chapter or a rule adopted thereunder; or
(3)(c) The commission determines that the person's conduct or
reputation is such that the person's presence within such a casino
facility may call into question the honesty and integrity of the
casino gaming operations or
interfere interferes with the orderly
conduct of the casino gaming operations.
(2) The commission may eject or exclude or authorize the
ejection or exclusion of, and a gaming agent may eject, a person
from a sweepstakes terminal device facility for any of the reasons
designated in division (I)(1) of this section, except that
division (I)(1)(a) of this section applies only if the commission
adopts rules under division (F) of this section.
(H)(J) 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)(K) 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)(I) of
this section. The licensee shall immediately notify the commission
of an ejection or exclusion.
(J)(L) The commission shall submit a written annual report
with the governor, president and minority leader of the senate,
speaker and minority leader of the house of representatives, and
joint committee on gaming and wagering 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, an update on casino operators', management
companies', and holding companies' compulsive and problem gambling
plans and the voluntary exclusion program and list, and any
additional information that the commission considers useful or
that the governor, president or minority leader of the senate,
speaker or minority leader of the house of representatives, or
joint committee on gaming and wagering requests.
(K)(M) Notwithstanding any law to the contrary, beginning on
July 1, 2011, the commission shall assume jurisdiction over and
oversee the regulation of skill-based amusement machines, and
beginning on the effective date of this amendment, the commission
shall assume jurisdiction over and oversee the regulation of
sweepstakes terminal devices, as is provided in the law of this
state.
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 house 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 and
sweepstakes terminal device gaming and all authorized gaming and
wagering regulated gaming 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 to the operation and administration of
casino and sweepstakes terminal device gaming;
(3) Review 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 and sweepstakes
terminal device 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 the commission's employees, or to the
gaming agents:
(A) Inspect and examine all premises where casino gaming or
sweepstakes terminal device gaming is conducted under this chapter
or where such gaming supplies, devices, or equipment are
manufactured, sold, or distributed;
(B) Inspect all gaming supplies, devices, and equipment in or
about a casino or sweepstakes terminal device facility;
(C) Summarily impound and seize and remove from the casino
or sweepstakes terminal device 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 casino gaming and sweepstakes terminal device
gaming operations, including those 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. Except for any contract entered into with
independent testing laboratories under section 3772.31 of the
Revised Code, 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) (K) 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) (L) Take any other necessary and reasonable action to
determine if a violation of any provision of section 2915.062 or
of this chapter of the Revised Code has occurred; and
(M) Perform all other things the commission considers
necessary to effectuate the intents and purposes of this chapter.
This section shall not prohibit the commission from imposing
administrative discipline, including fines and suspension or
revocation of licenses, on licensees under this chapter if the
licensee is found to be in violation of the commission's rules.
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
section 2915.062 or this chapter of the Revised Code 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
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. 3772.06. (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
and
sweepstakes terminal device 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 and sweepstakes terminal device
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 and sweepstakes terminal device 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.
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 commission, before issuing a license for a
sweepstakes terminal device vendor sweepstakes terminal device
operator, or a key employee of such a vendor or operator;
(E) 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, casino gaming employee, key employee, sweepstakes terminal
device vendor, or sweepstakes terminal device operator license
shall reimburse the commission for the amount of the fee paid on
the applicant's behalf. An pay the fee the bureau of criminal
identification and investigation, or an associated vendor that is
approved by the bureau to conduct a criminal records check based
on the applicant's completed form and fingerprint impressions
under division (A)(15) of section 109.572 of the Revised Code,
charges for criminal records checks conducted under this section.
If the 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 holding company, gaming-related vendor, sweepstakes
terminal device vendor, or sweepstakes terminal device operator,
the casino operator or management company requesting entity shall
reimburse the commission pay the fee charged for the criminal
records check conducted under this section.
The appointing or licensing authority shall review the
results of a criminal records check. An appointee for a commission
member 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.
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; 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 relating to the person's employment with
the entity requesting the criminal records check in which the
criminal records check is relevant.
Sec. 3772.071. (A) A sweepstakes terminal device operator
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
of any non-key employee employed prior to the effective date of
this section, and of any applicant for employment as a non-key
employee who is employed by the sweepstakes terminal device
operator after the effective date of this section. The sweepstakes
terminal device operator also shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the non-key
employee or non-key employee applicant.
(B)(1) A sweepstakes terminal device operator shall provide
to each employee or applicant for whom a criminal records check
request is required under this section a copy of the form and the
standard fingerprint impression sheet prescribed under division
(C) of section 109.572 of the Revised Code, and shall obtain the
completed form and impression sheet from the employee or
applicant. The sweepstakes terminal device operator shall forward
the completed form and impression sheet to the superintendent of
the bureau of criminal identification and investigation.
(2) An employee or applicant who is provided a form and
fingerprint impression sheet under this section but who fails to
complete the form or to provide fingerprint impressions shall not
be employed by a sweepstakes terminal device operator in any
position.
(C) Each sweepstakes terminal device operator shall pay to
the bureau of criminal identification and investigation the fee
prescribed under division (C) of section 109.572 of the Revised
Code for each criminal records check conducted pursuant to a
request made under this section. A sweepstakes terminal device
operator may charge an applicant a fee not exceeding the amount
the operator pays, but only if the operator notifies the applicant
at the time of initial application for employment of the amount of
the fee and that, unless the fee is paid, the applicant will not
be considered for employment.
(D) No sweepstakes terminal device operator shall employ any
person that has been convicted of or has pleaded guilty to a
disqualifying offense, as defined in section 3772.07 of the
Revised Code.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record under section 149.43 of the Revised Code and shall not be
made available to any person, except the following:
(1) The individual who is the subject of the criminal records
check or the individual's representative;
(2) The sweepstakes terminal device operator requesting the
criminal records check or the operator's agent or representative;
(3) Any court or agency, including a hearing examiner, in a
judicial or administrative proceeding relating to the individual's
employment with the sweepstakes terminal device operator
requesting the criminal records check and in which proceeding the
criminal records check is relevant;
(4) A member, the executive director, or an employee of the
commission.
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.
(C) No sweepstakes terminal device vendor, sweepstakes
terminal device operator, or key employee of such a vendor or
operator shall conduct or participate in sweepstakes terminal
device gaming without first obtaining a license from the
commission.
Sec. 3772.10. (A) In determining whether to grant or maintain
the privilege of a casino operator, management company, holding
company, key employee, casino gaming employee, or gaming-related
vendor any license issued under this chapter, 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 or indirectly 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, if applicable, with
casino-related or sweepstakes-related licensing requirements in
this state or any other jurisdiction, including whether the
applicant has a history of noncompliance with the casino or
sweepstakes 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) All applicants for a license under this chapter shall
establish their suitability for a license by clear and convincing
evidence. 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 vendor 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.
(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, sweepstakes terminal device
operator, 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,
sweepstakes terminal device operator, 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. 3772.17. (A) The upfront license fee to obtain a license
as a casino operator shall be fifty million dollars per casino
facility, which shall be deposited into the economic development
programs fund, which is created in the state treasury. New casino
operator, management company, and holding company license and
renewal license fees shall be set by rule of the commission,
subject to the review 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 one
million five hundred thousand 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 of the commission, subject to the review 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
of the commission, subject to the review 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 of the commission, subject to the review 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.
(F) The license fees for a sweepstakes terminal device vendor
shall be set by rule of the commission and shall be not less than
fifteen thousand dollars. Additionally, the commission may assess
an applicant a nonrefundable license application fee of not less
than ten thousand dollars and an additional amount necessary to
process a sweepstakes terminal device vendor license application.
(G) The license fees for a sweepstakes terminal device
operator shall be set by rule of the commission and shall be not
less than one hundred thousand dollars. Additionally, the
commission may assess an applicant a nonrefundable application fee
of not less than twenty-five thousand dollars and an additional
amount necessary to process a sweepstakes terminal device operator
license application.
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 casino
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.
(E) Sweepstakes terminal devices and gaming equipment and
supplies customarily used in conducting sweepstakes terminal
device gaming shall be purchased or leased only from sweepstakes
terminal device vendors licensed under this chapter. A sweepstakes
terminal device vendor shall only provide sweepstakes terminal
devices and related gaming equipment and supplies that have been
approved by the commission to sweepstakes terminal device and
related gaming equipment and supplies operators who have received
a sweepstakes terminal device operator's license from the
commission. The sweepstakes terminal device vendor shall accept
payment only by check or electronic funds transfer as approved by
the commission for offering sweepstakes terminal devices and
related gaming equipment and supplies in this state.
(F) At least once a year, as determined by the commission, a
sweepstakes terminal device vendor shall furnish to the commission
a list of all sweepstakes terminal devices and related gaming
equipment and supplies offered for sale or lease by that vendor in
this state.
(G) Each sweepstakes terminal device vendor shall keep books
and records for the furnishing of sweepstakes terminal devices and
related gaming equipment, and supplies to sweepstakes terminal
device gaming operations separate from books and records of any
other business operated by the vendor. Each sweepstakes terminal
device vendor shall file a quarterly return with the commission
listing all sales and leases. A sweepstakes terminal device vendor
shall permanently affix the vendor's name, as filed with the
commission, to all of the vendor's sweepstakes terminal devices
and related gaming equipment and supplies used or offered for sale
in this state.
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 may provide
promotional gaming credits to their patrons. Promotional gaming
credits shall be subject to oversight by the commission.
(C) Casino operators and, management companies, and
sweepstakes terminal device operators 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.
(C) An individual who is under twenty-one years of age shall
not be employed at a sweepstakes terminal device facility by a
sweepstakes terminal device operator and shall not be allowed to
engage in sweepstakes terminal device gaming at a sweepstakes
terminal device facility.
Sec. 3772.30. (A) If any person violates section 2915.062 of
the Revised Code or 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. 3772.301. (A) At any time after the effective date of
this section, a legislative authority of a municipal corporation
or of an unincorporated area of a township may adopt an ordinance
or resolution affirmatively allowing the operation of sweepstakes
terminal devices within the municipal corporation or within the
unincorporated area of the township. A legislative authority that
has adopted such an ordinance or resolution may charge sweepstakes
terminal device vendors and sweepstakes terminal device operators
fees.
(B) Within seven days after adopting an ordinance or
resolution under division (A) of this section, the legislative
authority shall provide written notice to the casino control
commission that the operation of sweepstakes terminal devices is
allowed within the municipal corporation or within the
unincorporated area of the township.
Sec. 3772.31. (A) The commission, by and through the
executive director of the commission and as required under section
125.05 of the Revised Code, may enter into contracts necessary to
ensure the proper operation and reporting of all casino gaming and
sweepstakes terminal device gaming authorized under this chapter.
The commission shall not require use of a central system by a
casino operator if the casino operator is in compliance with this
chapter. If the commission determines, after written notice to the
casino operator and a hearing under section 3772.04 of the Revised
Code, that a casino operator is not in compliance with this
chapter, the commission may determine it is necessary to require
the casino operator to install and implement a central system
under such conditions as the commission may require. Before any
such hearing, the commission shall provide the casino operator
with written notice that the casino operator is not in compliance
with a specific requirement of this chapter, describe the
requirement, and provide the casino operator at least thirty days
to cure the noncompliance or, if the cure cannot be reasonably
rectified within thirty days, require the casino operator to
demonstrate to the commission's satisfaction that the casino
operator is diligently pursuing the required cure. The system
shall be operated by or under the commission's control. If the
commission determines that a central system is necessary and
adopts rules authorizing a central system, casino operators shall
be responsible for the costs of the central system as it relates
to casino facilities.
The commission shall require and shall adopt
rules to authorize a central system for sweepstakes terminal
device operators. Sweepstakes terminal device operators shall be
responsible for the costs of the central system as the system
relates to sweepstakes terminal device gaming as authorized under
this chapter.
(B) The commission shall certify independent testing
laboratories to scientifically test and technically evaluate all
electronic gaming equipment, including sweepstakes terminal
devices, slot machines, mechanical, electromechanical, or
electronic table games, and 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 or
sweepstakes terminal device vendor of electronic gaming equipment.
The commission shall prepare a list of certified independent
testing laboratories from which independent testing laboratories
shall be chosen for all purposes under this chapter.
Sec. 3772.35. (A) In carrying out the responsibilities
delegated in section 3772.03 of the Revised Code, the commission
may issue a sweepstakes terminal device vendor license if the
applicant meets all requirements under this chapter and any rule
adopted by the commission, and meets all requirements under
Chapter 2915. of the Revised Code.
(B) Any person may apply for a sweepstakes terminal device
vendor license. The application shall be made under oath on a form
provided by the commission, and shall contain all information
required by the commission. The application shall be accompanied
by the nonrefundable license application fee assessed by the
commission under section 3772.17 of the Revised Code.
(C)(1) A sweepstakes terminal device vendor shall be licensed
prior to the shipment by the vendor of any sweepstakes terminal
devices and related gaming equipment and supplies into, within, or
out of this state.
(2) A sweepstakes terminal device vendor shall submit each
individual sweepstakes terminal device and related gaming
equipment and supplies to be used in this state for testing,
certification, and approval, as prescribed by rules adopted under
this chapter. Prior to shipment and delivery, each individual
sweepstakes terminal device intended to be used in this state
shall have permanently affixed to it a certificate of approval
from a certified independent testing laboratory in a form and
manner prescribed by the commission and shall be sealed by the
certified independent testing laboratory at the time of approval
in a manner prescribed by the commission.
Sec. 3772.36. (A) In carrying out the responsibilities
delegated in section 3772.03 of the Revised Code, the commission
may issue a sweepstakes terminal device operator license if the
applicant meets all requirements under this chapter and any rule
adopted by the commission, and meets all requirements under
Chapter 2915. of the Revised Code.
(B) Any person may apply for a sweepstakes terminal device
operator license at any time after an ordinance or a resolution is
adopted under section 3772.301 of the Revised Code by the
legislative authority of the municipal corporation or of the
unincorporated area of the township in which the applicant will be
conducting sweepstakes terminal device gaming. The application
shall be made under oath on a form provided by the commission, and
shall contain all information required by the commission. The
application shall be accompanied by the nonrefundable license
application fee assessed by the commission under section 3772.17
of the Revised Code.
(C) The following restrictions apply to a sweepstakes
terminal device operator licensee:
(1) No beer or intoxicating liquor shall be served or
consumed in any licensed sweepstakes terminal device facility.
(2) A sweepstakes terminal device operator, including that
operator's partners, affiliates, subsidiaries, and contractors,
shall not obtain or retain a lottery sales agent license.
(3) The operator's sweepstakes terminal device facility shall
not:
(a) Obtain or retain a lottery sales agent license;
(b) Be within five hundred feet of a casino facility or a
race track where pari-mutuel wagering is permitted;
(c) Be within one thousand feet of a primary or secondary
school or a child day-care facility; or
(d) Be located on a parcel zoned for residential purposes.
(4) No person under twenty-one years of age shall be allowed
to enter or be employed at a sweepstakes terminal device facility.
(D) A sweepstakes terminal device operator shall be licensed
before any sweepstakes terminal devices are shipped to or
installed at the operator's sweepstakes terminal device facility.
The sweepstakes terminal devices shall be shipped and installed in
the manner prescribed by rules adopted under this chapter.
(E) Before a licensed sweepstakes terminal device operator
may conduct sweepstakes terminal device gaming at a sweepstakes
terminal device facility, and prior to the installation of any
sweepstakes terminal device at a sweepstakes terminal device
facility, the sweepstakes terminal device operator shall submit to
a certified independent testing laboratory each individual
sweepstakes terminal device and related gaming equipment and
supplies for testing, certification, approval, and sealing as
prescribed by rules adopted under this chapter. The proof or
certification of examination and approval of a sweepstakes
terminal device and related gaming equipment and supplies that
satisfies the requirements of division (C) of section 3772.35 of
the Revised Code does not satisfy the requirement of this
division. A sweepstakes terminal device operator shall obtain a
separate and independent examination and approval of all
sweepstakes terminal devices and related gaming equipment and
supplies by a certified independent testing laboratory under this
chapter.
(F) A licensed sweepstakes terminal device operator shall
conspicuously post in each sweepstakes terminal device facility
the rules of all sweepstakes the operator is conducting at the
facility.
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 licensee
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 and the sweepstakes terminal device gaming
operations of a sweepstakes terminal device operator;
(2) Require the removal of a management company, key
employee, or discontinuance of services from a gaming-related
vendor or sweepstakes terminal device vendor.
(C) The commission shall impose civil penalties against a
person who violates this chapter under the penalties adopted by
commission rule and reviewed 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 or to engage in sweepstakes terminal device gaming at
a sweepstakes terminal device facility;
(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 or
sweepstakes terminal device facility while under twenty-one years
of age, unless, in the case of a casino facility, 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 a licensee,
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 of a
sweepstakes 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 or
sweepstakes terminal device facility, including an officer or
employee of a casino operator, management company, or
gaming-related vendor licensee, 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 of a
sweepstakes 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 casino 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 casino game, except as
permitted by the commission;
(4) Cheats at a casino game or sweepstakes;
(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 sweepstakes, or
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 or engages
in sweepstakes terminal device gaming after acquiring knowledge
that is not available to all players and concerns the outcome of
the casino game or sweepstakes that is the subject of the wager or
entry;
(8) Aids a person in acquiring the knowledge described in
division (E)(7) of this section for the purpose of placing a wager
or entering a sweepstakes through a sweepstakes terminal device
contingent on the outcome of a casino game or of a sweepstakes;
(9) Claims, collects, takes, or attempts to claim, collect,
or take money or anything of value in or from a casino game or a
sweepstakes with the intent to defraud or without having made a
wager contingent on winning a casino game or a sweepstakes;
(10) Claims, collects, or takes an amount of money or thing
of value of greater value than the amount won in a casino game or
in a sweepstakes;
(11) Uses or possesses counterfeit chips or tokens in or for
use in a casino game or in a sweepstakes;
(12) Possesses a key or device designed for opening,
entering, or affecting the operation of a casino game or of a
sweepstakes, drop box, or an electronic or a mechanical device
connected with the casino game or the sweepstakes, or removing
coins, tokens, chips, or other contents of a casino game or of a
sweepstakes. This division does not apply to a casino operator,
management company, or gaming-related vendor
licensee 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 or sweepstakes terminal device
gaming operation in which wagering or entering 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 or Chapter 2915. of the Revised Code may be barred for
life from entering a casino facility by the commission or
sweepstakes terminal device facility.
Section 2. That existing sections 2915.01, 2915.03, 3772.01,
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.09,
3772.10, 3772.17, 3772.21, 3772.23, 3772.24, 3772.30, 3772.31, and
3772.99 of the Revised Code are hereby repealed.
Section 3. Enforcement of the prize prohibitions and
limitations contained in division (B)(1) of section 2915.062 of
the Revised Code shall commence on the effective date of this act.
Section 4. Beginning six months after the effective date of
the rules adopted by the Ohio Casino Control Commission under
section 3772.03 of the Revised Code, as amended by this act, any
person who conducts sweepstakes terminal device gaming without a
license issued by the Commission is considered to be in violation
of division (B)(2) of section 2915.062 of the Revised Code.
Section 5. Not later than thirty days after the effective
date of this act, any person conducting sweepstakes terminal
device gaming shall register with the Ohio Casino Control
Commission on a form provided by the Commission.
|
|