130th Ohio General Assembly
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H. B. No. 325  As Referred by the House Rules and Reference Committee
As Referred by the House Rules and Reference Committee

130th General Assembly
Regular Session
2013-2014
H. B. No. 325


Representative Perales 

Cosponsors: Representatives Buchy, Phillips, Huffman, Brenner 



A BILL
To amend sections 109.32, 2915.01, 2915.08, 2915.081, 2915.082, 2915.092, 2915.095, 2915.10, and 2915.13 and to enact sections 2915.083 and 2915.096 of the Revised Code to allow charitable video bingo by veteran's, fraternal, and sporting organizations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 109.32, 2915.01, 2915.08, 2915.081, 2915.082, 2915.092, 2915.095, 2915.10, and 2915.13 be amended and sections 2915.083 and 2915.096 of the Revised Code be enacted to read as follows:
Sec. 109.32.  All annual filing fees obtained by the attorney general pursuant to section 109.31 of the Revised Code, all receipts obtained from the sale of the charitable foundations directory, all registration fees received by the attorney general, bond forfeitures, awards of costs and attorney's fees, and civil penalties assessed under Chapter 1716. of the Revised Code, and all license fees received by the attorney general under section 2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code shall be paid into the state treasury to the credit of the charitable law fund. The charitable law fund shall be used insofar as its moneys are available for the expenses of the charitable law section of the office of the attorney general, except that all annual license fees that are received by the attorney general under section 2915.08, 2915.081, or 2915.082 of the Revised Code and that are credited to the fund shall be used by the attorney general, or any law enforcement agency in cooperation with the attorney general, for the purposes specified in division (H)(I) of section 2915.10 of the Revised Code and to administer and enforce Chapter 2915. of the Revised Code. The expenses of the charitable law section in excess of moneys available in the charitable law fund shall be paid out of regular appropriations to the office of the attorney general.
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 unless authorized under Chapter 3772. of the Revised Code, lottery unless authorized under Chapter 3770. of the Revised Code, 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. "Scheme of chance" includes the use of an electronic device to reveal the results of a game entry if valuable consideration is paid, directly or indirectly, for a chance to win a prize. Valuable consideration is deemed to be paid for a chance to win a prize in the following instances:
(1) Less than fifty per cent of the goods or services sold by a scheme of chance operator in exchange for game entries are used or redeemed by participants at any one location;
(2) Less than fifty per cent of participants who purchase goods or services at any one location do not accept, use, or redeem the goods or services sold or purportedly sold;
(3) More than fifty per cent of prizes at any one location are revealed to participants through an electronic device simulating a game of chance or a "casino game" as defined in section 3772.01 of the Revised Code;
(4) The good or service sold by a scheme of chance operator in exchange for a game entry cannot be used or redeemed in the manner advertised;
(5) A participant pays more than fair market value for goods or services offered by a scheme of chance operator in order to receive one or more game entries;
(6) A participant may use the electronic device to purchase additional game entries;
(7) A participant may purchase additional game entries by using points or credits won as prizes while using the electronic device;
(8) A scheme of chance operator pays out in prize money more than twenty per cent of the gross revenue received at one location; or
(9) A participant makes a purchase or exchange in order to obtain any good or service that may be used to facilitate play on the electronic device.
As used in this division, "electronic device" means a mechanical, video, digital, or electronic machine or device that is capable of displaying information on a screen or other mechanism and that is owned, leased, or otherwise possessed by any person conducting a scheme of chance, or by that person's partners, affiliates, subsidiaries, or contractors.
(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, and charitable video bingo supplies sold or otherwise provided or used in violation of this chapter.
(G) "Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04, 2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.083, 2915.09, 2915.091, 2915.092, 2915.093, 2915.094, 2915.096, 2915.10, or 2915.101, 2915.11, or 2915.13 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 either of the following:
(1) An organization that is, and has received from the internal revenue service a determination letter that currently is in effect stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;
(2) A volunteer rescue service organization, volunteer firefighter's organization, veteran's organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(c)(4), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code.
To qualify as a "charitable organization," an 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.
(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) "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.
(K) "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.
(L) "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.
(M) "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.
(N) "Charitable bingo game" means any bingo game described in division (O)(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.
(O) "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 (O)(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, and charitable video bingo.
(P) "Conduct" means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of bingo or a game of chance, a scheme of chance, or a sweepstakes.
(Q) "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 or charitable video 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, supervising the operation of charitable video bingo, and accessing player terminals and charitable video bingo devices other than as a participant. "Bingo game operator" does not include licensed charitable video bingo distributors and employees of those distributors.
(R) "Participant" means any person who plays bingo.
(S) "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 (O)(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 (S)(1) of this section.
(T) "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.
(U) "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.
(V) "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 (K) of this section.
(W) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter amended.
(X) "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.
(Y) "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 (Y)(1) of this section.
(Z) "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. "Bingo supplies" does not include charitable video bingo supplies.
(AA) "Instant bingo" means a form of bingo that shall use 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, and may also include games in which some winners are determined by the random selection of one or more bingo numbers by the use of a seal card or bingo blower. In all "instant bingo" the prize amount and structure shall be predetermined. "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.
(BB) "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.
(CC) "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.
(DD) "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.
(EE) "Gross profit" means gross receipts minus the amount actually expended for the payment of prize awards.
(FF) "Net profit" means gross profit minus expenses.
(GG) "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;
(5) Safes;
(6) Cash registers;
(7) Hiring security personnel;
(8) Advertising bingo;
(9) Renting premises in which to conduct a bingo session;
(10) Tables and chairs;
(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.
(HH) "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.
(II) "Revoke" means to void permanently all rights and privileges of the holder of a license issued under section 2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or a charitable gaming license issued by another jurisdiction.
(JJ) "Suspend" means to interrupt temporarily all rights and privileges of the holder of a license issued under section 2915.08, 2915.081, or 2915.082, or 2915.083 of the Revised Code or a charitable gaming license issued by another jurisdiction.
(KK) "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.
(LL) "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.
(MM) "Gross annual revenues" means the annual gross receipts derived from the conduct of bingo described in division (O)(1) of this section plus the annual net profit derived from the conduct of bingo described in division (O)(2) of this section.
(NN) "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.
(OO)(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 a player terminal, charitable video bingo device, or any device into which a coin, currency, token, or an equivalent is inserted to activate play.
(PP) "Deal of instant bingo tickets" means a single game of instant bingo tickets or a single game of charitable video bingo tickets all with the same serial number.
(QQ)(1) "Slot machine" means either of the following:
(a) Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player who gives the thing of value in the hope of gain;
(b) Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player to conduct bingo or a scheme or game of chance.
(2) "Slot machine" does not include a skill-based amusement machine or, an instant bingo ticket dispenser, or a player terminal or charitable video bingo device used to conduct licensed charitable video bingo.
(RR) "Net profit from the proceeds of the sale of instant bingo" means gross profit minus the ordinary, necessary, and reasonable expense expended for the purchase of instant bingo supplies, and, in the case of instant bingo conducted by a veteran's, fraternal, or sporting organization, minus the payment by that organization of real property taxes and assessments levied on a premises on which instant bingo is conducted.
(SS) "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.
(TT) "Game flare" means the board or placard that accompanies each deal of instant bingo tickets or each deal of charitable video bingo tickets and that has printed on or affixed to it the following information for the game, as applicable:
(1) The name of the game;
(2) The manufacturer's or charitable video bingo distributor's name or distinctive logo;
(3) The instant bingo form number;
(4) The instant bingo ticket count or charitable video bingo ticket count;
(5) The prize structure, including the number of winning instant bingo tickets or charitable video bingo tickets by denomination and the respective winning symbol or number combinations for the winning instant bingo tickets or charitable video bingo tickets;
(6) The cost per play;
(7) The serial number of the game.
(UU)(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 (UU)(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 (UU)(1) of this section:
(a) As used in division (UU) of 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 (UU)(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.
(VV) "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 (VV)(1), (2), or (3) of this section.
(WW) "Redeemable voucher" means any ticket, token, coupon, receipt, or other noncash representation of value.
(XX) "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.
(YY) "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 league of Ohio sportsmen, and that has been in continuous existence in this state for a period of three years.
(ZZ) "Community action agency" has the same meaning as in section 122.66 of the Revised Code.
(AAA)(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, and that is capable of displaying information on a screen or other mechanism. A device is a sweepstakes terminal device if any of the following apply:
(a) The device uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries.
(b) The device utilizes software such that the simulated game influences or determines the winning of or value of the prize.
(c) The device selects prizes from a predetermined finite pool of entries.
(d) The device utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.
(e) The device predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed.
(f) The device utilizes software to create a game result.
(g) The device reveals the prize incrementally, even though the device does not influence the awarding of the prize or the value of any prize awarded.
(h) The device determines and associates the prize with an entry or entries at the time the sweepstakes is entered.
(2) As used in this division and in section 2915.02 of the Revised Code:
(a) "Enter" means the act 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 the 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.
(d) "Sweepstakes terminal device facility" means any location in this state where a sweepstakes terminal device is provided to a sweepstakes participant, except as provided in division (G) of section 2915.02 of the Revised Code.
(BBB) "Sweepstakes" means any game, contest, advertising scheme or plan, or other promotion where consideration is not required for a person to enter to win or become eligible to receive any prize, the determination of which is based upon chance. "Sweepstakes" does not include bingo as authorized under this chapter, pari-mutuel wagering as authorized by Chapter 3769. of the Revised Code, lotteries conducted by the state lottery commission as authorized by Chapter 3770. of the Revised Code, and casino gaming as authorized by Chapter 3772. of the Revised Code.
(CCC) "Charitable video bingo" means a form of bingo played in an electronic environment in which a participant wins if the participant's charitable video bingo ticket contains a number or a combination of numbers or symbols that was designated in advance of the game as a winning combination. "Charitable video bingo" shall have all of the following characteristics:
(1) Games use charitable video bingo tickets played using either player terminals or charitable video bingo devices.
(2) Each deal has a predetermined, finite number of winning and losing tickets and a predetermined prize amount and deal structure. There may be multiple winning combinations in each deal and multiple winning tickets.
(3) Each player terminal or charitable video bingo device at a location utilizes the same deal until the deal is depleted. The use of multiple deals at the same location at the same time is prohibited. Each transaction or play at a location shall provide the participant with an equal chance of winning.
(4) Games have the same price for each ticket in the deal and utilize a unique serial number for each deal that shall not be regenerated.
(5) Games have no electro-mechanical spinning reels that mimic a slot machine.
(6) Player terminals or charitable video bingo devices may incorporate an amusement game feature as part of the charitable video bingo game, but shall not require additional consideration or award any prize other than what was originally predetermined.
(7) After the participant purchases a charitable video bingo ticket, the combination of numbers or symbols on that ticket is revealed to the participant.
(8) Following play, the result shall be displayed and prizes awarded. Prizes may be dispensed in the form of cash, coin, cash voucher, merchandise prize, or cashless wagering system approved by the attorney general.
(DDD) "Player terminal" means an electronic terminal housed in a cabinet with input devices and video screens or displays on which participants play charitable video bingo.
(EEE) "Charitable video bingo device" means a handheld electronic device used to facilitate the play of a charitable video bingo ticket.
(FFF) "Charitable video bingo supplies" means equipment and software used to conduct, manage, or record charitable video bingo or to report and transmit game results, payout, and profit, including, charitable video bingo games, deals, player terminals, charitable video bingo devices, meters, point of sale terminals, and recording, monitoring, and reporting software.
(GGG) "Net profit from the proceeds of the sale of charitable video bingo" means gross profit minus the ordinary, necessary, and reasonable expense expended for the purchase or lease of charitable video bingo supplies.
(HHH) "Charitable video bingo distributor" means any person who sells, offers for sale, or otherwise provides or offers to provide charitable video bingo supplies to another person for use in this state or who manufactures, modifies, converts, adds to, or removes parts from charitable video bingo supplies to further the promotion or sale of charitable video bingo supplies for use in this state.
(III) "Report management system" means a centralized computer reporting and accounting system that receives data from each player terminal and each charitable video bingo device via a defined communication protocol by either a dedicated line, dial-up system, or other secure transmission method.
Sec. 2915.08.  (A)(1) Annually before the first day of January, a charitable organization that desires to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo shall make out, upon a form to be furnished by the attorney general for that purpose, an application for a license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo and deliver that application to the attorney general together with a license fee as follows:
(a) Except as otherwise provided in this division, for a license for the conduct of bingo, as described in division (O)(1) of section 2915.01 of the Revised Code, two hundred dollars;
(b) For a license for the conduct of instant bingo at a bingo session or, instant bingo other than at a bingo session, or charitable video bingo for a charitable organization that previously has not been licensed under this chapter to conduct instant bingo at a bingo session or, instant bingo other than at a bingo session, or charitable video bingo, a license fee of five hundred dollars, and for any other charitable organization, a license fee that is based upon the gross profits received by the charitable organization from the operation of instant bingo at a bingo session or, instant bingo other than at a bingo session, or charitable video bingo, during the one-year period ending on the thirty-first day of October of the year immediately preceding the year for which the license is sought, and that is one of the following:
(i) Five hundred dollars, if the total is fifty thousand dollars or less;
(ii) One thousand two hundred fifty dollars plus one-fourth per cent of the gross profit, if the total is more than fifty thousand dollars but less than two hundred fifty thousand one dollars;
(iii) Two thousand two hundred fifty dollars plus one-half per cent of the gross profit, if the total is more than two hundred fifty thousand dollars but less than five hundred thousand one dollars;
(iv) Three thousand five hundred dollars plus one per cent of the gross profit, if the total is more than five hundred thousand dollars but less than one million one dollars;
(v) Five thousand dollars plus one per cent of the gross profit, if the total is one million one dollars or more;.
(c) A reduced license fee established by the attorney general pursuant to division (G) of this section.;
(d) For a license to conduct bingo for a charitable organization that prior to July 1, 2003, has not been licensed under this chapter to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, a license fee established by rule by the attorney general in accordance with division (H) of this section.
(2) The application shall be in the form prescribed by the attorney general, shall be signed and sworn to by the applicant, and shall contain all of the following:
(a) The name and post-office address of the applicant;
(b) A statement that the applicant is a charitable organization and that it has been in continuous existence as a charitable organization in this state for two years immediately preceding the making of the application;
(c) The location at which the organization will conduct bingo, which location shall be within the county in which the principal place of business of the applicant is located, the days of the week and the times on each of those days when bingo will be conducted, whether the organization owns, leases, or subleases the premises, and a copy of the rental agreement if it leases or subleases the premises;
(d) A statement of the applicant's previous history, record, and association that is sufficient to establish that the applicant is a charitable organization, and a copy of a determination letter that is issued by the Internal Revenue Service and states that the organization is tax exempt under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code;
(e) A statement as to whether the applicant has ever had any previous application refused, whether it previously has had a license revoked or suspended, and the reason stated by the attorney general for the refusal, revocation, or suspension;
(f) A statement of the charitable purposes for which the net profit derived from bingo, other than instant bingo, and charitable video bingo, will be used, and a statement of how the net profit derived from the proceeds of the sale of instant bingo will be distributed in accordance with section 2915.101 of the Revised Code, and a statement of how net profit from the proceeds of charitable video bingo will be distributed in accordance with section 2915.096 of the Revised Code;
(g) Other necessary and reasonable information that the attorney general may require by rule adopted pursuant to section 111.15 of the Revised Code;
(h) If the applicant is a charitable trust as defined in section 109.23 of the Revised Code, a statement as to whether it has registered with the attorney general pursuant to section 109.26 of the Revised Code or filed annual reports pursuant to section 109.31 of the Revised Code, and, if it is not required to do either, the exemption in section 109.26 or 109.31 of the Revised Code that applies to it;
(i) If the applicant is a charitable organization as defined in section 1716.01 of the Revised Code, a statement as to whether it has filed with the attorney general a registration statement pursuant to section 1716.02 of the Revised Code and a financial report pursuant to section 1716.04 of the Revised Code, and, if it is not required to do both, the exemption in section 1716.03 of the Revised Code that applies to it;
(j) In the case of an applicant seeking to qualify as a youth athletic park organization, a statement issued by a board or body vested with authority under Chapter 755. of the Revised Code for the supervision and maintenance of recreation facilities in the territory in which the organization is located, certifying that the playing fields owned by the organization were used for at least one hundred days during the year in which the statement is issued, and were open for use to all residents of that territory, regardless of race, color, creed, religion, sex, or national origin, for athletic activities by youth athletic organizations that do not discriminate on the basis of race, color, creed, religion, sex, or national origin, and that the fields were not used for any profit-making activity at any time during the year. That type of board or body is authorized to issue the statement upon request and shall issue the statement if it finds that the applicant's playing fields were so used.
(3) The attorney general, within thirty days after receiving a timely filed application from a charitable organization that has been issued a license under this section that has not expired and has not been revoked or suspended, shall send a temporary permit to the applicant specifying the date on which the application was filed with the attorney general and stating that, pursuant to section 119.06 of the Revised Code, the applicant may continue to conduct bingo until a new license is granted or, if the application is rejected, until fifteen days after notice of the rejection is mailed to the applicant. The temporary permit does not affect the validity of the applicant's application and does not grant any rights to the applicant except those rights specifically granted in section 119.06 of the Revised Code. The issuance of a temporary permit by the attorney general pursuant to this division does not prohibit the attorney general from rejecting the applicant's application because of acts that the applicant committed, or actions that the applicant failed to take, before or after the issuance of the temporary permit.
(4) Within thirty days after receiving an initial license application from a charitable organization to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo, the attorney general shall conduct a preliminary review of the application and notify the applicant regarding any deficiencies. Once an application is deemed complete, or beginning on the thirtieth day after the application is filed, if the attorney general failed to notify the applicant of any deficiencies, the attorney general shall have an additional sixty days to conduct an investigation and either grant or deny the application based on findings established and communicated in accordance with divisions (B) and (E) of this section. As an option to granting or denying an initial license application, the attorney general may grant a temporary license and request additional time to conduct the investigation if the attorney general has cause to believe that additional time is necessary to complete the investigation and has notified the applicant in writing about the specific concerns raised during the investigation.
(B)(1) The attorney general shall adopt rules to enforce sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised Code to ensure that bingo or instant bingo is conducted in accordance with those sections and to maintain proper control over the conduct of bingo or instant bingo. The rules, except rules adopted pursuant to divisions (A)(2)(g) and (G) of this section, shall be adopted pursuant to Chapter 119. of the Revised Code. The attorney general shall license charitable organizations to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo in conformance with this chapter and with the licensing provisions of Chapter 119. of the Revised Code.
(2) The attorney general may refuse to grant a license to any organization, or revoke or suspend the license of any organization, that does any of the following or to which any of the following applies:
(a) Fails or has failed at any time to meet any requirement of section 109.26, 109.31, or 1716.02, or sections 2915.07 to 2915.11 2915.13 of the Revised Code, or violates or has violated any provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised Code or any rule adopted by the attorney general pursuant to this section chapter;
(b) Makes or has made an incorrect or false statement that is material to the granting of the license in an application filed pursuant to division (A) of this section;
(c) Submits or has submitted any incorrect or false information relating to an application if the information is material to the granting of the license;
(d) Maintains or has maintained any incorrect or false information that is material to the granting of the license in the records required to be kept pursuant to divisions (A) and (C) of section 2915.10 of the Revised Code, if applicable;
(e) The attorney general has good cause to believe that the organization will not conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo in accordance with sections 2915.07 to 2915.13 of the Revised Code or with any rule adopted by the attorney general pursuant to this section chapter.
(3) For the purposes of division (B) of this section, any action of an officer, trustee, agent, representative, or bingo game operator of an organization is an action of the organization.
(C) The attorney general may grant licenses to charitable organizations that are branches, lodges, or chapters of national charitable organizations.
(D) The attorney general shall send notice in writing to the prosecuting attorney and sheriff of the county in which the organization will conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo, as stated in its application for a license or amended license, and to any other law enforcement agency in that county that so requests, of all of the following:
(1) The issuance of the license;
(2) The issuance of the amended license;
(3) The rejection of an application for and refusal to grant a license;
(4) The revocation of any license previously issued;
(5) The suspension of any license previously issued.
(E) A license issued by the attorney general shall set forth the information contained on the application of the charitable organization that the attorney general determines is relevant, including, but not limited to, the location at which the organization will conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo and the days of the week and the times on each of those days when bingo will be conducted. If the attorney general refuses to grant or revokes or suspends a license, the attorney general shall notify the applicant in writing and specifically identify the reason for the refusal, revocation, or suspension in narrative form and, if applicable, by identifying the section of the Revised Code violated. The failure of the attorney general to give the written notice of the reasons for the refusal, revocation, or suspension or a mistake in the written notice does not affect the validity of the attorney general's refusal to grant, or the revocation or suspension of, a license. If the attorney general fails to give the written notice or if there is a mistake in the written notice, the applicant may bring an action to compel the attorney general to comply with this division or to correct the mistake, but the attorney general's order refusing to grant, or revoking or suspending, a license shall not be enjoined during the pendency of the action.
(F) A charitable organization that has been issued a license pursuant to division (B) of this section but that cannot conduct bingo or, instant bingo, or charitable video bingo at the location, or on the day of the week or at the time, specified on the license due to circumstances that make it impractical to do so may apply in writing, together with an application fee of two hundred fifty dollars, to the attorney general, at least thirty days prior to a change in location, day of the week, or time, and request an amended license. The application shall describe the causes making it impractical for the organization to conduct bingo or, instant bingo, or charitable video bingo in conformity with its license and shall indicate the location, days of the week, and times on each of those days when it desires to conduct bingo or, instant bingo, or charitable video bingo. Except as otherwise provided in this division, the attorney general shall issue the amended license in accordance with division (E) of this section, and the organization shall surrender its original license to the attorney general. The attorney general may refuse to grant an amended license according to the terms of division (B) of this section.
(G) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish a schedule of reduced license fees for charitable organizations that desire to conduct bingo or instant bingo during fewer than twenty-six weeks in any calendar year.
(H) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish license fees for the conduct of bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo for charitable organizations that prior to July 1, 2003, have not been licensed to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, or charitable video bingo under this chapter.
(I) The attorney general may enter into a written contract with any other state agency to delegate to that state agency the powers prescribed to the attorney general under Chapter 2915. of the Revised Code.
(J) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, may adopt rules to determine the requirements for a charitable organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code to be in good standing in the state.
Sec. 2915.081.  (A) No distributor shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies to another person, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, for use in this state without having obtained a license from the attorney general under this section.
(B) The attorney general may issue a distributor license to any person that meets the requirements of this section. The application for the license shall be on a form prescribed by the attorney general and be accompanied by the annual fee prescribed by this section. The license is valid for a period of one year, and the annual fee for the license is five thousand dollars.
(C) The attorney general may refuse to issue a distributor license to any person to which any of the following applies, or to any person that has an officer, partner, or other person who has an ownership interest of ten per cent or more and to whom any of the following applies:
(1) The person, officer, or partner has been convicted of a felony under the laws of this state, another state, or the United States.
(2) The person, officer, or partner has been convicted of any gambling offense.
(3) The person, officer, or partner has made an incorrect or false statement that is material to the granting of a license in an application submitted to the attorney general under this section or in a similar application submitted to a gambling licensing authority in another jurisdiction if the statement resulted in license revocation through administrative action in the other jurisdiction.
(4) The person, officer, or partner has submitted any incorrect or false information relating to the application to the attorney general under this section, if the information is material to the granting of the license.
(5) The person, officer, or partner has failed to correct any incorrect or false information that is material to the granting of the license in the records required to be maintained under division (E) of section 2915.10 of the Revised Code.
(6) The person, officer, or partner has had a license related to gambling revoked or suspended under the laws of this state, another state, or the United States.
(7) The person, officer, or partner has violated any provision of this chapter or any rule adopted by the attorney general under this chapter.
(D) The attorney general shall not issue a distributor license to any person that is involved in the conduct of bingo on behalf of a charitable organization or that is a lessor of premises used for the conduct of bingo. This division does not prohibit a distributor from advising charitable organizations on the use and benefit of specific bingo supplies or prohibit a distributor from advising a customer on operational methods to improve bingo profitability.
(E)(1) No distributor shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies to any person, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, for use in this state except to or for the use of a charitable organization that has been issued a license under section 2915.08 of the Revised Code or to another distributor that has been issued a license under this section. No distributor shall accept payment for the sale or other provision of bingo supplies other than by check or electronic fund transfer.
(2) No distributor may donate, give, loan, lease, or otherwise provide any bingo supplies or equipment, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, to or for the use of a charitable organization for use in a bingo session conditioned on or in consideration for an exclusive right to provide bingo supplies to the charitable organization. A distributor may provide a licensed charitable organization with free samples of the distributor's products to be used as prizes or to be used for the purpose of sampling.
(3) No distributor shall purchase bingo supplies for use in this state from any person except from a manufacturer issued a license under section 2915.082 of the Revised Code or from another distributor issued a license under this section. Subject to division (D) of section 2915.082 of the Revised Code, no distributor shall pay for purchased bingo supplies other than by check or electronic fund transfer.
(4) No distributor shall participate in the conduct of bingo on behalf of a charitable organization or have any direct or indirect ownership interest in a premises used for the conduct of bingo.
(5) No distributor shall knowingly solicit, offer, pay, or receive any kickback, bribe, or undocumented rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for providing bingo supplies to any person in this state.
(F) The attorney general may suspend or revoke a distributor license for any of the reasons for which the attorney general may refuse to issue a distributor license specified in division (C) of this section or if the distributor holding the license violates any provision of this chapter or any rule adopted by the attorney general under this chapter.
(G) Whoever violates division (A) or (E) of this section is guilty of illegally operating as a distributor. Except as otherwise provided in this division, illegally operating as a distributor is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) or (E) of this section, illegally operating as a distributor is a felony of the fifth degree.
Sec. 2915.082.  (A) No manufacturer shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies for use in this state without having obtained a license from the attorney general under this section.
(B) The attorney general may issue a manufacturer license to any person that meets the requirements of this section. The application for the license shall be on a form prescribed by the attorney general and be accompanied by the annual fee prescribed by this section. The license is valid for a period of one year, and the annual fee for the license is five thousand dollars.
(C) The attorney general may refuse to issue a manufacturer license to any person to which any of the following applies, or to any person that has an officer, partner, or other person who has an ownership interest of ten per cent or more and to whom any of the following applies:
(1) The person, officer, or partner has been convicted of a felony under the laws of this state, another state, or the United States.
(2) The person, officer, or partner has been convicted of any gambling offense.
(3) The person, officer, or partner has made an incorrect or false statement that is material to the granting of a license in an application submitted to the attorney general under this section or in a similar application submitted to a gambling licensing authority in another jurisdiction if the statement resulted in license revocation through administrative action in the other jurisdiction.
(4) The person, officer, or partner has submitted any incorrect or false information relating to the application to the attorney general under this section, if the information is material to the granting of the license.
(5) The person, officer, or partner has failed to correct any incorrect or false information that is material to the granting of the license in the records required to be maintained under division (F) of section 2915.10 of the Revised Code.
(6) The person, officer, or partner has had a license related to gambling revoked or suspended under the laws of this state, another state, or the United States.
(7) The person, officer, or partner has violated any provision of this chapter or any rule adopted by the attorney general under this chapter.
(D)(1) No manufacturer shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies to any person for use in this state except to a distributor that has been issued a license under section 2915.081 of the Revised Code. No manufacturer shall accept payment for the sale of bingo supplies other than by check or electronic fund transfer.
(2) No manufacturer shall knowingly solicit, offer, pay, or receive any kickback, bribe, or undocumented rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for providing bingo supplies to any person in this state.
(E)(1) The attorney general may suspend or revoke a manufacturer license for any of the reasons for which the attorney general may refuse to issue a manufacturer license specified in division (C) of this section or if the manufacturer holding the license violates any provision of this chapter or any rule adopted by the attorney general under this chapter.
(2) The attorney general may perform an onsite inspection of a manufacturer of bingo supplies that is selling, offering to sell, or otherwise providing or offering to provide bingo supplies or that is applying for a license to sell, offer to sell, or otherwise provide or offer to provide bingo supplies in this state.
(F) Whoever violates division (A) or (D) of this section is guilty of illegally operating as a manufacturer. Except as otherwise provided in this division, illegally operating as a manufacturer is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) or (D) of this section, illegally operating as a manufacturer is a felony of the fifth degree.
Sec. 2915.083.  (A) No charitable video bingo distributor shall sell, offer to sell, or otherwise provide or offer to provide charitable video bingo supplies to another person, or manufacture, modify, convert, add to, or remove parts from charitable video bingo supplies to further the promotion or sale of the charitable video bingo supplies for use in this state without having obtained a license from the attorney general under this section.
(B) Annually, an applicant for a charitable video bingo distributor license shall make out, on a form furnished by the attorney general, an application for a charitable video bingo distributor license and deliver that application to the attorney general, together with a license fee set by rule adopted by the attorney general under section 111.15 of the Revised Code. The license is valid for one year. Additionally, the attorney general may assess an applicant a reasonable fee in the amount necessary to process a charitable video bingo distributor application and perform an initial or renewal investigation.
(C) The attorney general may refuse to issue a charitable video bingo distributor license to any person to which any of the following applies, or to any person that has an officer, partner, or other person who has an ownership interest of ten per cent or more and to whom any of the following applies:
(1) The person, officer, or partner has been convicted of a felony under the laws of this state, another state, or the United States.
(2) The person, officer, or partner has been convicted of any gambling offense.
(3) The person, officer, or partner has made an incorrect or false statement that is material to the granting of a license in an application submitted to the attorney general under this section.
(4) The person, officer, or partner has failed to correct any incorrect or false information that is material to the granting of the license in the records required to be maintained under division (E) of section 2915.10 of the Revised Code.
(5) The person, officer, or partner has had a license related to gambling revoked or suspended or an application related to gambling rejected under the laws of this state, another state, or the United States.
(6) The person, officer, or partner is involved in the conduct of bingo on behalf of a charitable organization or is a lessor of a premises used for the conduct of bingo or has a direct or indirect ownership interest in a premises used for the conduct of bingo. This division does not prohibit a distributor from advising charitable organizations on the use and benefit of specific charitable video bingo supplies or prohibit a distributor from advising a customer on operational methods to improve bingo profitability.
(7) The person, officer, or partner's licensure or inclusion would undermine the integrity of charitable gaming in contravention of suitability standards as set forth by rule adopted by the attorney general under this chapter.
(8) The person, officer, or partner has violated any provision of this chapter or any rule adopted by the attorney general under this chapter.
(D) No charitable video bingo distributor shall sell, offer to sell, or otherwise provide or offer to provide charitable video bingo supplies to any person, or manufacture, modify, convert, add to, or remove parts from charitable video bingo supplies to further the promotion or sale of the charitable video bingo supplies for use in this state, except to or for the use of a charitable organization that is a veterans', fraternal, or sporting organization licensed by the attorney general to conduct charitable video bingo or to another charitable video bingo distributor that has been issued a license under this section. No charitable video bingo distributor shall accept payment for the sale or other provision of charitable video bingo supplies other than by check or electronic funds transfer.
(E) No charitable video bingo distributor shall knowingly solicit, offer, pay, or receive any kickback, bribe, or undocumented rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for providing charitable video bingo supplies to any person in this state.
(F) No charitable video bingo distributor shall donate, give, loan, lease, or otherwise provide any charitable video bingo supplies, or manufacture, modify, convert, add to, or remove parts from charitable video bingo supplies to further the promotion or sale of the charitable video bingo supplies to or for the use of a charitable organization conditioned on or in consideration for an exclusive right to provide charitable video bingo supplies to the charitable organization.
(G) A charitable instant bingo distributor shall have an office in this state and all charitable video bingo devices shall be distributed from locations in this state.
(H) No charitable video bingo distributor shall sell, offer to sell, lease, or otherwise provide charitable video bingo supplies to any person in this state unless the charitable video bingo supplies have been approved by the attorney general and unless an independent testing laboratory, certified by the Ohio casino control commission under section 3772.31 of the Revised Code, has issued a report stating that the charitable video bingo supplies have been tested and analyzed and meet the standards required by this chapter and by any rules adopted under this chapter. The charitable video bingo distributor shall pay all costs to test, analyze, and examine charitable video bingo supplies by the certified testing laboratory. The attorney general may assess an annual fee for each player terminal and charitable video bingo device operated in this state as is necessary to review and approve charitable video bingo supplies and to inspect and monitor charitable video bingo. The fee shall be set by rule adopted by the attorney general under section 111.15 of the Revised Code. The charitable video bingo distributor shall be responsible for the cost of such fees.
(I) All player terminals and charitable video bingo devices, regardless of manufacturer, shall interface with the centralized report management system. The report management system shall be controlled by the attorney general, but the attorney general may contract with a state agency or private entity for the creation, operation, and management of the report management system. The report management system shall track all information required by this chapter and by rule adopted by the attorney general under Chapter 119. of the Revised Code. The report management system shall have the capability to monitor all charitable video bingo supplies used in this state in real time and shall have the capability to remotely deactivate charitable video bingo supplies. The report management system shall log, search, and report system events, collect individual player terminal or charitable video bingo device financial data, reconcile data, and secure the system. The report management system shall have the capability to continue to collect data if or whenever an internet connection is unavailable. The report management system shall utilize a location server that collects all transactional data from all terminals at each location and transmits the transaction data to a central server or repository on an hourly basis. The report management system shall be located within this state. Licensed charitable video bingo distributors shall be responsible for all costs associated with the creation, operation, and maintenance of the report management system.
(J) The attorney general shall adopt rules under Chapter 119. of the Revised Code setting forth standards and an approval process for charitable video bingo supplies and record keeping and reporting requirements of charitable video bingo distributors, as well as any other rules necessary to enforce this section or to ensure that charitable video bingo is conducted in accordance with this chapter.
(K) The attorney general may reject, suspend, or revoke a charitable video bingo distributor license for any of the reasons for which the attorney general may refuse to issue a license specified in this section or if the charitable video bingo distributor holding the license violates any provision of this chapter or any rule adopted by the attorney general under this chapter.
(L) Whoever violates division (A) or (E) of this section is guilty of illegally operating as a charitable video bingo distributor. Except as otherwise provided in this division, illegally operating as a charitable video bingo distributor is a felony of the fifth degree. If the offender previously has been convicted of a violation of division (A) or (E) of this section, illegally operating as a charitable video bingo distributor is a felony of the fourth degree.
Whoever violates divisions (D), (F), (G), (H), or (I) of this section is guilty of illegal charitable electronic distribution. Except as otherwise provided in this division, illegal charitable electronic distribution is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (D), (F), (G), (H), or (I) of this section, illegal charitable electronic distribution is a felony of the fifth degree.
Sec. 2915.092.  (A)(1) Subject to division (A)(2) of this section, a charitable organization, a public school, a chartered nonpublic school, a community school, or a veteran's organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code may conduct a raffle to raise money for the organization or school and does not need a license to conduct bingo in order to conduct a raffle drawing that is not for profit.
(2) If a charitable organization that is described in division (A)(1) of this section, but that is not also described in subsection 501(c)(3) of the Internal Revenue Code, conducts a raffle, the charitable organization shall distribute at least fifty per cent of the net profit from the raffle to a charitable purpose described in division (V) of section 2915.01 of the Revised Code or to a department or agency of the federal government, the state, or any political subdivision.
(B) Except as provided in division (A) or (B) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit.
(C) Whoever violates division (B) of this section is guilty of illegal conduct of a raffle. Except as otherwise provided in this division, illegal conduct of a raffle is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (B) of this section, illegal conduct of a raffle is a felony of the fifth degree.
Sec. 2915.095. (A) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish a standard contract to be used by a charitable instant bingo organization, a veteran's organization, , a fraternal organization, or a sporting organization for the conduct of instant bingo other than at a bingo session. The terms of the contract shall be limited to the provisions in Chapter 2915. of the Revised Code.
(B) The attorney general, by rule adopted under section 111.15 of the Revised Code, shall establish a standard contract to be used by a veteran's organization, a fraternal organization, or a sporting organization for the conduct of charitable video bingo.
Sec. 2915.096.  (A) No charitable organization that conducts charitable video bingo shall do any of the following:
(1) Conduct charitable video bingo unless the organization is a charitable organization that has received from the internal revenue service a determination letter that is currently in effect stating that the organization is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's organization described in subsection 501(c)(4) of the Internal Revenue Code.
(2) Conduct charitable video bingo on any day, at any time, or at any premises not specified on the organization's license issued under section 2915.08 of the Revised Code.
(3) Permit any person whom the organization knows or should have known has been convicted of a felony or a gambling offense in any jurisdiction to be a bingo game operator in the conduct of charitable video bingo.
(4) Purchase or lease charitable video bingo supplies from any person except a charitable video bingo distributor licensed under section 2915.083 of the Revised Code as reflected on an invoice issued by the charitable video bingo distributor containing all of the information required by rule adopted by the attorney general under this chapter.
(5) Permit participants to play charitable video bingo without paying the full price predetermined for each ticket in a charitable video bingo deal as reported to the attorney general by the charitable video bingo distributor.
(6) Permit an individual under twenty-one years of age to play charitable video bingo.
(7) Pay consulting fees to any person in relation to charitable video bingo.
(8) Pay compensation to a bingo game operator for conducting charitable video bingo. Nothing in this division prohibits an employee of a fraternal organization, veteran's organization, or sporting organization from selling charitable video bingo tickets to the organization's members or invited guests, as long as no portion of the employee's compensation is paid from any receipts of bingo.
(9) Pay any fees to any person for any services performed in relation to a charitable video bingo game.
(10) Permit a bingo game operator to play charitable video bingo.
(11) Fail to display the charitable organization's bingo license and all game flares for active charitable video bingo deals being played at the location.
(12) Fail, once a charitable video bingo deal is started, to continue to sell charitable video bingo tickets in that deal until all prizes are awarded.
(13) Possess or use charitable video bingo supplies that have not been approved by the attorney general.
(14) Possess a charitable video bingo game with more than one million tickets.
(15) Possess charitable video bingo supplies that were not obtained in accordance with this chapter or in accordance with any rule adopted under this chapter.
(B) A veteran's, fraternal, or sporting organization with a membership of fewer than one hundred members may obtain up to two player terminals to conduct charitable video bingo. A veteran's, fraternal, or sporting organization with a membership of at least one hundred members may obtain up to four player terminals to conduct charitable video bingo. Each organization may obtain one additional player terminal for each additional one hundred members. No veteran's, fraternal, or sporting organization shall have more than twenty player terminals.
(C) A charitable organization that conducts charitable video bingo shall distribute the net profit from the proceeds of the sale of charitable video bingo as follows:
(1) At least fifty per cent shall be distributed to an organization described in division (V)(1) of section 2915.01 of the Revised Code or to a department or agency of the federal government, the state, or any political subdivision.
(2) Not more than fifty per cent may be deducted and retained by the organization for reimbursement of or for the organization's expenses, as defined in division (GG) of section 2915.01 of the Revised Code, in conducting charitable video bingo.
(D) The attorney general shall adopt rules under Chapter 119. of the Revised Code to ensure the integrity of charitable video bingo gaming, including specifying the permissible characteristics of player terminals, charitable video bingo devices, and charitable video bingo games and establishing an approval process for a cashless wagering system.
(E) Whoever violates this section is guilty of illegally operating charitable video bingo. Except as otherwise provided in this division, illegally operating charitable video bingo is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, illegally operating charitable video bingo is a felony of the fifth degree.
Sec. 2915.10.  (A) No charitable organization that conducts bingo or a game of chance pursuant to division (D) of section 2915.02 of the Revised Code shall fail to maintain the following records for at least three years from the date on which the bingo or game of chance is conducted:
(1) An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each charitable video bingo game by serial number, each raffle, each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number and of each charitable video bingo game by serial number;
(2) An itemized list of all expenses, other than prizes, that are incurred in conducting bingo or, instant bingo, or charitable video bingo, the name of each person to whom the expenses are paid, and a receipt for all of the expenses;
(3) A list of all prizes awarded during each bingo session, each raffle, each punch board game, and each game of chance conducted by the charitable organization, the total prizes awarded from each game of instant bingo by serial number, and from each charitable video bingo game by serial number, and the name, address, and social security number of all persons who are winners of prizes of six hundred dollars or more in value;
(4) An itemized list of the recipients of the net profit of the bingo or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or assets received from a game of chance, for any charitable or other purpose set forth in division (V) of section 2915.01, division (D) of section 2915.02, or section 2915.101 of the Revised Code, a list of each purpose and an itemized list of each expenditure for each purpose;
(5) The number of persons who participate in any bingo session or game of chance that is conducted by the charitable organization;
(6) A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or societies, if the receipts were excluded from gross receipts under division (T) of section 2915.01 of the Revised Code;
(7) An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo, or each game of charitable video bingo conducted by the charitable organization in the sale of food and beverages by the charitable organization or by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and a receipt for all of the expenses;
(8) Any additional bingo records, including records of charitable video bingo distributors, required to be kept as prescribed by rule adopted by the attorney general under this chapter.
(B) A charitable organization shall keep the records that it is required to maintain pursuant to division (A) of this section at its principal place of business in this state or at its headquarters in this state and shall notify the attorney general of the location at which those records are kept.
(C) The gross profit from each bingo session or game described in division (O)(1) or (2) of section 2915.01 of the Revised Code shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of the bingo session or game shall be made only by checks or electronic fund transfers drawn on the bingo session or game account.
(D) Each charitable organization shall conduct and record an inventory of all of its bingo supplies and charitable video bingo supplies as of the first day of November of each year.
(E) The attorney general may adopt rules in accordance with Chapter 119. of the Revised Code that establish standards of accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly accounted for.
(F) A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing to another person bingo supplies for use in this state. The record shall include all of the following for each instance:
(1) The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;
(2) The name and address of the charitable organization or other distributor to which the bingo supplies were sold or otherwise provided;
(3) A description that clearly identifies the bingo supplies;
(4) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each charitable organization.
(G) A manufacturer shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing bingo supplies for use in this state. The record shall include all of the following for each instance:
(1) The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;
(2) A description that clearly identifies the bingo supplies, including serial numbers;
(3) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.
(H) A charitable video bingo distributor shall maintain, for a period of three years after the date of sale or other provision, all records required to be kept by rules adopted under this section.
(I) The attorney general or any law enforcement agency may do all of the following:
(1) Investigate any charitable organization, distributor, manufacturer, charitable video bingo distributor, or any officer, agent, trustee, member, or employee of the organization, distributor, manufacturer, or charitable video bingo distributor;
(2) Examine the accounts and records of the charitable organization, distributor, manufacturer, or charitable video bingo distributor, or of any officer, agent, trustee, member, or employee of the charitable organization, distributor, manufacturer, or charitable video bingo distributor;
(3) Conduct inspections, audits, and observations of bingo or games of chance;
(4) Conduct inspections of the premises where bingo or games of chance are conducted or where bingo supplies or charitable video bingo supplies are manufactured or distributed;
(5) Take any other necessary and reasonable action to determine if a violation of any provision of sections 2915.01 to 2915.13 of the Revised Code has occurred and to determine whether section 2915.11 of the Revised Code has been complied with.
If the attorney general or any law enforcement agency has reasonable grounds to believe that a charitable organization, distributor, manufacturer, charitable video bingo distributor, or an officer, agent, trustee, member, or employee of the organization, distributor, manufacturer, or charitable video bingo distributor has violated any provision of this chapter, the law enforcement agency may proceed by action in the proper court to enforce this chapter, provided that the law enforcement agency shall give written notice to the attorney general when commencing an action as described in this division.
(I)(J) No person shall destroy, alter, conceal, withhold, or deny access to any accounts or records of a charitable organization, distributor, manufacturer, or charitable video bingo distributor that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of bingo or a game of chance or premises where bingo or a game of chance is conducted or premises where bingo supplies or charitable video bingo supplies are manufactured or distributed, or refuse to comply with any reasonable request of, or obstruct, impede, or interfere with any other reasonable action undertaken by, the attorney general or a law enforcement agency pursuant to division (H) of this section.
(J)(K) Whoever violates division (A) or (I) of this section is guilty of a misdemeanor of the first degree.
Sec. 2915.13. (A) A veteran's organization, a fraternal organization, or a sporting organization authorized to conduct a bingo session pursuant to sections 2915.01 to 2915.12 of the Revised Code may conduct instant bingo other than at a bingo session or charitable video bingo if all of the following apply:
(1) The veteran's organization, fraternal organization, or sporting organization limits the sale of instant bingo or charitable video bingo to twelve hours during any day, provided that the sale does not begin earlier than ten a.m. and ends not later than two a.m.
(2) The veteran's organization, fraternal organization, or sporting organization limits the sale of instant bingo or charitable video bingo to its own premises and to its own members and invited guests.
(3) The veteran's organization, fraternal organization, or sporting organization is raising money for an organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state and executes a written contract with that organization as required in division (B) of this section.
(B) If a veteran's organization, fraternal organization, or sporting organization authorized to conduct instant bingo or charitable video bingo pursuant to division (A) of this section is raising money for another organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state, the veteran's organization, fraternal organization, or sporting organization shall execute a written contract with the organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state in order to conduct instant bingo or charitable video bingo. That contract shall include a statement of the percentage of the net profit from the proceeds of the sale of instant bingo and the net profit from the proceeds of the sale of charitable video bingo that the veteran's, fraternal, or sporting organization will be distributing to the organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, and that is in good standing in this state.
(C)(1) If a veteran's organization, fraternal organization, or sporting organization authorized to conduct instant bingo or charitable video bingo pursuant to division (A) of this section has been issued a liquor permit under Chapter 4303. of the Revised Code, that permit may be subject to suspension, revocation, or cancellation if the veteran's organization, fraternal organization, or sporting organization violates a provision of this chapter.
(2) No veteran's organization, fraternal organization, or sporting organization that enters into a written contract pursuant to division (B) of this section shall violate any provision of this chapter or permit, aid, or abet any other person in violating any provision of this chapter.
(D) A veteran's organization, fraternal organization, or sporting organization shall give all required proceeds earned from the conduct of instant bingo or charitable video bingo to the organization with which the veteran's organization, fraternal organization, or sporting organization has entered into a written contract.
(E) There is established the charitable video bingo council. The council shall consist of seven members, who are to be appointed by the attorney general, and who shall include at least one member of the veterans of foreign wars, at least one member of the American legion, at least one member of the AMVETS, at least one member of the fraternal order of eagles, at least one member of the loyal order of moose, at least one member of the benevolent protective order of elks, and at least one member of the Ohio council of fraternal, veterans and service organizations that are nominated for appointment by each organization. The members shall annually vote to elect one member to serve as chairperson. The members of the council shall serve at the pleasure of the attorney general, with all terms expiring not later than the term of the appointing attorney general. Members of the council shall serve without compensation, including without reimbursement for expenses that are incurred in the conduct of official duties. The council shall advise the attorney general with respect to policies and proposed administrative rules related to charitable video bingo, rules related to the requirements of the report management system, and on other related issues at the request of the attorney general.
(F) Whoever violates division (A), (B), (C), or (D) of this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A), (B), (C), or (D) of this section, illegal instant bingo conduct is a felony of the fifth degree.
Section 2.  That existing sections 109.32, 2915.01, 2915.08, 2915.081 2915.082, 2915.092, 2915.095, 2915.10, and 2915.13 of the Revised Code are hereby repealed.
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