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Sub. S. B. No. 141 As Enrolled
(130th General Assembly)
(Substitute Senate Bill Number 141)
AN ACT
To amend sections 2915.08, 3772.03, and 3772.99 of
the Revised Code to create penalties related to
casino gaming and transacting with a casino
facility, to require the Casino Control Commission
to include in its annual report to the General
Assembly information regarding prosecutions for
conduct that is subject to those penalties, to
allow a license, for instant bingo other than at a
bingo session, and to be amended to add additional
locations.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2915.08, 3772.03, and 3772.99 of the
Revised Code be amended to read as follows:
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 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 and deliver that application to the
attorney general together with a license fee as follows:
(a) Except as otherwise provided in this division, for a
license for the conduct of bingo, two hundred dollars;
(b) For a license for the conduct of instant bingo at a bingo
session or instant bingo other than at a bingo session 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, 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,
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, will be used,
and a statement of how the net profit derived from instant bingo
will be distributed in accordance with section 2915.101 of the
Revised Code;
(g) Other necessary and reasonable information that the
attorney general may require by rule adopted pursuant to section
111.15 of the Revised Code;
(h) If the applicant is a charitable trust as defined in
section 109.23 of the Revised Code, a statement as to whether it
has registered with the attorney general pursuant to section
109.26 of the Revised Code or filed annual reports pursuant to
section 109.31 of the Revised Code, and, if it is not required to
do either, the exemption in section 109.26 or 109.31 of the
Revised Code that applies to it;
(i) If the applicant is a charitable organization as defined
in section 1716.01 of the Revised Code, a statement as to whether
it has filed with the attorney general a registration statement
pursuant to section 1716.02 of the Revised Code and a financial
report pursuant to section 1716.04 of the Revised Code, and, if it
is not required to do both, the exemption in section 1716.03 of
the Revised Code that applies to it;
(j) In the case of an applicant seeking to qualify as a youth
athletic park organization, a statement issued by a board or body
vested with authority under Chapter 755. of the Revised Code for
the supervision and maintenance of recreation facilities in the
territory in which the organization is located, certifying that
the playing fields owned by the organization were used for at
least one hundred days during the year in which the statement is
issued, and were open for use to all residents of that territory,
regardless of race, color, creed, religion, sex, or national
origin, for athletic activities by youth athletic organizations
that do not discriminate on the basis of race, color, creed,
religion, sex, or national origin, and that the fields were not
used for any profit-making activity at any time during the year.
That type of board or body is authorized to issue the statement
upon request and shall issue the statement if it finds that the
applicant's playing fields were so used.
(3) The attorney general, within thirty days after receiving
a timely filed application from a charitable organization that has
been issued a license under this section that has not expired and
has not been revoked or suspended, shall send a temporary permit
to the applicant specifying the date on which the application was
filed with the attorney general and stating that, pursuant to
section 119.06 of the Revised Code, the applicant may continue to
conduct bingo until a new license is granted or, if the
application is rejected, until fifteen days after notice of the
rejection is mailed to the applicant. The temporary permit does
not affect the validity of the applicant's application and does
not grant any rights to the applicant except those rights
specifically granted in section 119.06 of the Revised Code. The
issuance of a temporary permit by the attorney general pursuant to
this division does not prohibit the attorney general from
rejecting the applicant's application because of acts that the
applicant committed, or actions that the applicant failed to take,
before or after the issuance of the temporary permit.
(4) Within thirty days after receiving an initial license
application from a charitable organization to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session, 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 in conformance with this chapter and with
the licensing provisions of Chapter 119. of the Revised Code.
(2) The attorney general may refuse to grant a license to any
organization, or revoke or suspend the license of any
organization, that does any of the following or to which any of
the following applies:
(a) Fails or has failed at any time to meet any requirement
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to
2915.11 of the Revised Code, or violates or has violated any
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised
Code or any rule adopted by the attorney general pursuant to this
section;
(b) Makes or has made an incorrect or false statement that is
material to the granting of the license in an application filed
pursuant to division (A) of this section;
(c) Submits or has submitted any incorrect or false
information relating to an application if the information is
material to the granting of the license;
(d) Maintains or has maintained any incorrect or false
information that is material to the granting of the license in the
records required to be kept pursuant to divisions (A) and (C) of
section 2915.10 of the Revised Code, if applicable;
(e) The attorney general has good cause to believe that the
organization will not conduct bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session in
accordance with sections 2915.07 to 2915.13 of the Revised Code or
with any rule adopted by the attorney general pursuant to this
section.
(3) For the purposes of division (B) of this section, any
action of an officer, trustee, agent, representative, or bingo
game operator of an organization is an action of the organization.
(C) The attorney general may grant licenses to charitable
organizations that are branches, lodges, or chapters of national
charitable organizations.
(D) The attorney general shall send notice in writing to the
prosecuting attorney and sheriff of the county in which the
organization will conduct bingo, instant bingo at a bingo session,
or instant bingo other than at a bingo session, 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 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 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, or that desires to conduct instant
bingo other than at a bingo session at additional locations not
identified on the license, 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 or addition of
a location, day of the week, or time, and request an amended
license. The As applicable, the application shall describe the
causes making it impractical for the organization to conduct bingo
or instant bingo in conformity with its license and shall indicate
the location, days of the week, and times on each of those days
when it desires to conduct bingo or instant bingo and, as
applicable, shall indicate the additional locations at which it
desires to conduct instant bingo other than at a bingo session.
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 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 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. 3772.03. (A) To ensure the integrity of casino gaming,
the commission shall have authority to complete the functions of
licensing, regulating, investigating, and penalizing casino
operators, management companies, holding companies, key employees,
casino gaming employees, and gaming-related vendors. The
commission also shall have jurisdiction over all persons
participating in casino gaming authorized by Section 6(C) of
Article XV, Ohio Constitution, and this chapter.
(B) All rules adopted by the commission under this chapter
shall be adopted under procedures established in Chapter 119. of
the Revised Code. The commission may contract for the services of
experts and consultants to assist the commission in carrying out
its duties under this section.
(C) Within six months of September 10, 2010, the commission
shall adopt initial rules as are necessary for completing the
functions stated in division (A) of this section and for
addressing the subjects enumerated in division (D) of this
section.
(D) The commission shall adopt, and as advisable and
necessary shall amend or repeal, rules that include all of the
following:
(1) The prevention of practices detrimental to the public
interest;
(2) Prescribing the method of applying, and the form of
application, that an applicant for a license under this chapter
must follow as otherwise described in this chapter;
(3) Prescribing the information to be furnished by an
applicant or licensee as described in section 3772.11 of the
Revised Code;
(4) Describing the certification standards and duties of an
independent testing laboratory certified under section 3772.31 of
the Revised Code and the relationship between the commission, the
laboratory, the gaming-related vendor, and the casino operator;
(5) The minimum amount of insurance that must be maintained
by a casino operator, management company, holding company, or
gaming-related vendor;
(6) The approval process for a significant change in
ownership or transfer of control of a licensee as provided in
section 3772.091 of the Revised Code;
(7) The design of gaming supplies, devices, and equipment to
be distributed by gaming-related vendors;
(8) Identifying the casino gaming that is permitted,
identifying the gaming supplies, devices, and equipment, that are
permitted, defining the area in which the permitted casino gaming
may be conducted, and specifying the method of operation according
to which the permitted casino gaming is to be conducted as
provided in section 3772.20 of the Revised Code, and requiring
gaming devices and equipment to meet the standards of this state;
(9) Tournament play in any casino facility;
(10) Establishing and implementing a voluntary exclusion
program that provides all of the following:
(a) Except as provided by commission rule, a person who
participates in the program shall agree to refrain from entering a
casino facility.
(b) The name of a person participating in the program shall
be included on a list of persons excluded from all casino
facilities.
(c) Except as provided by commission rule, no person who
participates in the program shall petition the commission for
admittance into a casino facility.
(d) The list of persons participating in the program and the
personal information of those persons shall be confidential and
shall only be disseminated by the commission to a casino operator
and the agents and employees of the casino operator for purposes
of enforcement and to other entities, upon request of the
participant and agreement by the commission.
(e) A casino operator shall make all reasonable attempts as
determined by the commission to cease all direct marketing efforts
to a person participating in the program.
(f) A casino operator shall not cash the check of a person
participating in the program or extend credit to the person in any
manner. However, the program shall not exclude a casino operator
from seeking the payment of a debt accrued by a person before
participating in the program.
(g) Any and all locations at which a person may register as a
participant in the program shall be published.
(11) Requiring the commission to adopt standards regarding
the marketing materials of a licensed casino operator, including
allowing the commission to prohibit marketing materials that are
contrary to the adopted standards;
(12) Requiring that the records, including financial
statements, of any casino operator, management company, holding
company, and gaming-related vendor be maintained in the manner
prescribed by the commission and made available for inspection
upon demand by the commission, but shall be subject to section
3772.16 of the Revised Code;
(13) Permitting a licensed casino operator, management
company, key employee, or casino gaming employee to question a
person suspected of violating this chapter;
(14) The chips, tokens, tickets, electronic cards, or similar
objects that may be purchased by means of an agreement under which
credit is extended to a wagerer by a casino operator;
(15) Establishing standards for provisional key employee
licenses for a person who is required to be licensed as a key
employee and is in exigent circumstances and standards for
provisional licenses for casino gaming employees who submit
complete applications and are compliant under an instant
background check. A provisional license shall be valid not longer
than three months. A provisional license may be renewed one time,
at the commission's discretion, for an additional three months. In
establishing standards with regard to instant background checks
the commission shall take notice of criminal records checks as
they are conducted under section 311.41 of the Revised Code using
electronic fingerprint reading devices.
(16) Establishing approval procedures for third-party
engineering or accounting firms, as described in section 3772.09
of the Revised Code;
(17) Prescribing the manner in which winnings, compensation
from casino gaming, and gross revenue must be computed and
reported by a licensee as described in Chapter 5753. of the
Revised Code;
(18) Prescribing conditions under which a licensee's license
may be suspended or revoked as described in section 3772.04 of the
Revised Code;
(19) Prescribing the manner and procedure of all hearings to
be conducted by the commission or by any hearing examiner;
(20) Prescribing technical standards and requirements that
are to be met by security and surveillance equipment that is used
at and standards and requirements to be met by personnel who are
employed at casino facilities, and standards and requirements for
the provision of security at and surveillance of casino
facilities;
(21) Prescribing requirements for a casino operator to
provide unarmed security services at a casino facility by licensed
casino employees, and the training that shall be completed by
these employees;
(22) Prescribing standards according to which casino
operators shall keep accounts and standards according to which
casino accounts shall be audited, and establish means of assisting
the tax commissioner in levying and collecting the gross casino
revenue tax levied under section 5753.02 of the Revised Code;
(23) Defining penalties for violation of commission rules and
a process for imposing such penalties subject to the review of the
joint committee on gaming and wagering;
(24) Establishing standards for decertifying contractors that
violate statutes or rules of this state or the federal government;
(25) Establishing standards for the repair of casino gaming
equipment;
(26) Establishing procedures to ensure that casino operators,
management companies, and holding companies are compliant with the
compulsive and problem gambling plan submitted under section
3772.18 of the Revised Code;
(27) Prescribing, for institutional investors in or holding
companies of a casino operator, management company, holding
company, or gaming-related vendor that fall below the threshold
needed to be considered an institutional investor or a holding
company, standards regarding what any employees, members, or
owners of those investors or holding companies may do and shall
not do in relation to casino facilities and casino gaming in this
state, which standards shall rationally relate to the need to
proscribe conduct that is inconsistent with passive institutional
investment status;
(28) Providing for any other thing necessary and proper for
successful and efficient regulation of casino gaming under this
chapter.
(E) The commission shall employ and assign gaming agents as
necessary to assist the commission in carrying out the duties of
this chapter. In order to maintain employment as a gaming agent,
the gaming agent shall successfully complete all continuing
training programs required by the commission and shall not have
been convicted of or pleaded guilty or no contest to a
disqualifying offense as defined in section 3772.07 of the Revised
Code.
(F) The commission, as a law enforcement agency, and its
gaming agents, as law enforcement officers as defined in section
2901.01 of the Revised Code, shall have authority with regard to
the detection and investigation of, the seizure of evidence
allegedly relating to, and the apprehension and arrest of persons
allegedly committing gaming offenses, and shall have access to
casino facilities to carry out the requirements of this chapter.
(G) The commission may eject or exclude or authorize the
ejection or exclusion of and a gaming agent may eject a person
from a casino facility for any of the following reasons:
(1) The person's name is on the list of persons voluntarily
excluding themselves from all casinos in a program established
according to rules adopted by the commission;
(2) The person violates or conspires to violate this chapter
or a rule adopted thereunder; or
(3) The commission determines that the person's conduct or
reputation is such that the person's presence within a casino
facility may call into question the honesty and integrity of the
casino gaming operations or interfere with the orderly conduct of
the casino gaming operations.
(H) A person, other than a person participating in a
voluntary exclusion program, may petition the commission for a
public hearing on the person's ejection or exclusion under this
chapter.
(I) A casino operator or management company shall have the
same authority to eject or exclude a person from the management
company's casino facilities as authorized in division (G) of this
section. The licensee shall immediately notify the commission of
an ejection or exclusion.
(J) The commission shall submit a written annual report with
the governor, president and minority leader of the senate, speaker
and minority leader of the house of representatives, and joint
committee on gaming and wagering before the first day of September
each year. The annual report shall cover the previous fiscal year
and shall include a all of the following:
(1) A statement describing the receipts and disbursements of
the commission, relevant;
(2) Relevant financial data regarding casino gaming,
including gross revenues and disbursements made under this
chapter, actions;
(3) Actions taken by the commission, an;
(4) An update on casino operators', management companies',
and holding companies' compulsive and problem gambling plans and
the voluntary exclusion program and list, and any;
(5) Information regarding prosecutions for conduct described
in division (H) of section 3772.99 of the Revised Code, including,
but not limited to, the total number of prosecutions commenced and
the name of each person prosecuted;
(6) Any additional information that the commission considers
useful or that the governor, president or minority leader of the
senate, speaker or minority leader of the house of
representatives, or joint committee on gaming and wagering
requests.
(K) Notwithstanding any law to the contrary, beginning on
July 1, 2011, the commission shall assume jurisdiction over and
oversee the regulation of skill-based amusement machines as is
provided in the law of this state.
Sec. 3772.99. (A) The commission shall levy and collect
penalties for noncriminal violations of this chapter. Noncriminal
violations include using the term "casino" in any advertisement in
regard to a facility operating video lottery terminals, as defined
in section 3770.21 of the Revised Code, in this state. Moneys
collected from such penalty levies shall be credited to the
general revenue fund.
(B) If a licensed casino operator, management company,
holding company, gaming-related vendor, or key employee violates
this chapter or engages in a fraudulent act, the commission may
suspend or revoke the license and may do either or both of the
following:
(1) Suspend, revoke, or restrict the casino gaming operations
of a casino operator;
(2) Require the removal of a management company, key
employee, or discontinuance of services from a gaming-related
vendor.
(C) The commission shall impose civil penalties against a
person who violates this chapter under the penalties adopted by
commission rule and reviewed by the joint committee on gaming and
wagering.
(D) A person who knowingly or intentionally does any of the
following commits a misdemeanor of the first degree on the first
offense and a felony of the fifth degree for a subsequent offense:
(1) Makes a false statement on an application submitted under
this chapter;
(2) Permits a person less than twenty-one years of age to
make a wager at a casino facility;
(3) Aids, induces, or causes a person less than twenty-one
years of age who is not an employee of the casino gaming operation
to enter or attempt to enter a casino facility;
(4) Enters or attempts to enter a casino facility while under
twenty-one years of age, unless the person enters a designated
area as described in section 3772.24 of the Revised Code;
(5) Is a casino operator or employee and participates in
casino gaming other than as part of operation or employment.
(E) A person who knowingly or intentionally does any of the
following commits a felony of the fifth degree on a first offense
and a felony of the fourth degree for a subsequent offense. If the
person is a licensee under this chapter, the commission shall
revoke the person's license after the first offense.
(1) Uses or possesses with the intent to use a device to
assist in projecting the outcome of the casino game, keeping track
of the cards played, analyzing the probability of the occurrence
of an event relating to the casino game, or analyzing the strategy
for playing or betting to be used in the casino game, except as
permitted by the commission;
(2) Cheats at a casino game;
(3) Manufactures, sells, or distributes any cards, chips,
dice, game, or device that is intended to be used to violate this
chapter;
(4) Alters or misrepresents the outcome of a casino game on
which wagers have been made after the outcome is made sure but
before the outcome is revealed to the players;
(5) Places, increases, or decreases a wager on the outcome of
a casino game after acquiring knowledge that is not available to
all players and concerns the outcome of the casino game that is
the subject of the wager;
(6) Aids a person in acquiring the knowledge described in
division (E)(5) of this section for the purpose of placing,
increasing, or decreasing a wager contingent on the outcome of a
casino game;
(7) Claims, collects, takes, or attempts to claim, collect,
or take money or anything of value in or from a casino game with
the intent to defraud or without having made a wager contingent on
winning a casino game;
(8) Claims, collects, or takes an amount of money or thing of
value of greater value than the amount won in a casino game;
(9) Uses or possesses counterfeit chips, tokens, or cashless
wagering instruments in or for use in a casino game;
(10) Possesses a key or device designed for opening,
entering, or affecting the operation of a casino game, drop box,
or an electronic or a mechanical device connected with the casino
game or removing coins, tokens, chips, or other contents of a
casino game. This division does not apply to a casino operator,
management company, or gaming-related vendor or their agents and
employees in the course of agency or employment.
(11) Possesses materials used to manufacture a device
intended to be used in a manner that violates this chapter;
(12) Operates a casino gaming operation in which wagering is
conducted or is to be conducted in a manner other than the manner
required under this chapter.
(F) The possession of more than one of the devices described
in division (E)(9), (10), or (11) of this section creates a
rebuttable presumption that the possessor intended to use the
devices for cheating.
(G) A person who knowingly or intentionally does any of the
following commits a felony of the third degree. If the person is a
licensee under this chapter, the commission shall revoke the
person's license after the first offense. A public servant or
party official who is convicted under this division is forever
disqualified from holding any public office, employment, or
position of trust in this state.
(1) Offers, promises, or gives anything of value or benefit
to a person who is connected with the casino operator, management
company, holding company, or gaming-related vendor, including
their officers and employees, under an agreement to influence or
with the intent to influence the actions of the person to whom the
offer, promise, or gift was made in order to affect or attempt to
affect the outcome of a casino game or an official action of a
commission member, agent, or employee;
(2) Solicits, accepts, or receives a promise of anything of
value or benefit while the person is connected with a casino,
including an officer or employee of a casino operator, management
company, or gaming-related vendor, under an agreement to influence
or with the intent to influence the actions of the person to
affect or attempt to affect the outcome of a casino game or an
official action of a commission member, agent, or employee;
(H) A person who knowingly or intentionally does any of the
following while participating in casino gaming or otherwise
transacting with a casino facility as permitted by Chapter 3772.
of the Revised Code commits a felony of the fifth degree on a
first offense and a felony of the fourth degree for a subsequent
offense:
(1) Causes or attempts to cause a casino facility to fail to
file a report required under 31 U.S.C. 5313(a) or 5325 or any
regulation prescribed thereunder or section 1315.53 of the Revised
Code, or to fail to file a report or maintain a record required by
an order issued under section 21 of the "Federal Deposit Insurance
Act" or section 123 of Pub. L. No. 91-508;
(2) Causes or attempts to cause a casino facility to file a
report required under 31 U.S.C. 5313(a) or 5325 or any regulation
prescribed thereunder or section 1315.53 of the Revised Code, to
file a report or to maintain a record required by any order issued
under 31 U.S.C. 5326, or to maintain a record required under any
regulation prescribed under section 21 of the "Federal Deposit
Insurance Act" or section 123 of Pub. L. No. 91-508 that contains
a material omission or misstatement of fact;
(3) With one or more casino facilities, structures a
transaction, is complicit in structuring a transaction, attempts
to structure a transaction, or is complicit in an attempt to
structure a transaction.
(I) A person who is convicted of a felony described in this
chapter may be barred for life from entering a casino facility by
the commission.
(J) As used in division (H) of this section:
(1) To be "complicit" means to engage in any conduct of a
type described in divisions (A)(1) to (4) of section 2923.03 of
the Revised Code.
(2) "Structure a transaction" has the same meaning as in
section 1315.51 of the Revised Code.
SECTION 2. That existing sections 2915.08, 3772.03, and
3772.99 of the Revised Code are hereby repealed.
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