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S. B. No. 141 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 3772.99 of the Revised Code to
create penalties related to casino gaming and
transacting with a casino facility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3772.99 of the Revised Code be
amended to read as follows:
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) Structures a transaction, as defined in section 1315.51
of the Revised Code, assists in structuring a transaction, or
attempts to structure or assist in structuring a transaction with
one or more casino facilities.
(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.
Section 2. That existing section 3772.99 of the Revised Code
is hereby repealed.
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