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H. B. No. 325 As Referred by the House Rules and Reference CommitteeAs Referred by the House Rules and Reference Committee
130th General Assembly | Regular Session | 2013-2014 |
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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;
(7) Hiring security personnel;
(9) Renting premises in which to conduct a bingo session;
(11) Expenses for maintaining and operating a charitable
organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds
attached to the post home, club house, lounge, tavern, or canteen;
(12) Payment of real property taxes and assessments that are
levied on a premises on which bingo is conducted;
(13) Any other product or service directly related to the
conduct of bingo that is authorized in rules adopted by the
attorney general under division (B)(1) of section 2915.08 of the
Revised Code.
(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;
(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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