The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 213 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
A BILL
To amend sections 2915.01, 2915.07, and 2915.10 and
to enact section 2915.096 of the Revised Code to
permit charitable organizations to conduct
not-for-profit quarter auctions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2915.01, 2915.07, and 2915.10 be
amended and section 2915.096 of the Revised Code be enacted to
read as follows:
Sec. 2915.01. As used in this chapter:
(A) "Bookmaking" means the business of receiving or paying
off bets.
(B) "Bet" means the hazarding of anything of value upon the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C) "Scheme of chance" means a slot machine, lottery, numbers
game, pool conducted for profit, or other scheme in which a
participant gives a valuable consideration for a chance to win a
prize, but does not include bingo, a skill-based amusement
machine, or a pool not conducted for profit.
(D) "Game of chance" means poker, craps, roulette, or other
game in which a player gives anything of value in the hope of
gain, the outcome of which is determined largely by chance, but
does not include bingo.
(E) "Game of chance conducted for profit" means any game of
chance designed to produce income for the person who conducts or
operates the game of chance, but does not include bingo.
(F) "Gambling device" means any of the following:
(1) A book, totalizer, or other equipment for recording bets;
(2) A ticket, token, or other device representing a chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot
machine, or other apparatus designed for use in connection with a
game of chance;
(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;
(5) Bingo supplies sold or otherwise provided, or used, in
violation of this chapter.
(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, 2915.09,
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the Revised
Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.
(H) Except as otherwise provided in this chapter, "charitable
organization" means 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 quarter
auctions.
(P) "Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance.
(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
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, selling chance to
win a prize in a quarter auction, selecting chips or tokens from a
receptacle and announcing winning numbers in a quarter auction,
and preparing, selling, and serving food or beverages.
(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; quarter
auction bid paddles, chips, and tokens; and devices for selecting
or displaying the combination of bingo letters and numbers or,
raffle tickets, or quarter auction winning numbers. 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.
(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 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 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 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 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.
(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 and that has printed on or
affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(5) The prize structure, including the number of winning
instant bingo tickets by denomination and the respective winning
symbol or number combinations for the winning instant bingo
tickets;
(7) The serial number of the game.
(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) "Quarter auction" means a form of bingo in which one or
more prizes are won by one or more persons who have given valuable
consideration for a chance to win a prize by purchasing one or
more numbered bid paddles that correspond to the same numbered
chip or token that is placed in a receptacle. The one or more
winners of the quarter auction are determined by selecting a chip
or token from the receptacle and matching the number of the
selected chip or token to a numbered bid paddle held up by a
person before the selection of the chip or token.
Sec. 2915.07. (A) No person, except a charitable
organization that has obtained a license pursuant to section
2915.08 of the Revised Code, shall conduct or advertise bingo.
This division does not apply to a raffle or a quarter auction that
a charitable organization conducts or advertises.
(B) Whoever violates this section is guilty of conducting
illegal bingo, a felony of the fourth degree.
Sec. 2915.096. (A) A charitable organization may conduct a
quarter auction to raise money for the organization, and does not
need a license to conduct bingo in order to conduct a quarter
auction that is not for profit.
(B) No person shall conduct a quarter auction except as
provided in division (A) of this section.
(C) Whoever violates division (B) of this section is guilty
of illegal conduct of a quarter auction. Except as otherwise
provided in this division, illegal conduct of a quarter auction 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 quarter auction 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 raffle,
each quarter auction, 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;
(2) An itemized list of all expenses, other than prizes, that
are incurred in conducting bingo or instant 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 quarter auction, 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 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 quarter auction, each punch board game,
or each game of instant 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.
(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 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) The attorney general or any law enforcement agency may do
all of the following:
(1) Investigate any charitable organization or any officer,
agent, trustee, member, or employee of the organization;
(2) Examine the accounts and records of the organization;
(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;
(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 any law enforcement agency has reasonable grounds to
believe that a charitable organization or an officer, agent,
trustee, member, or employee of the organization 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) No person shall destroy, alter, conceal, withhold, or
deny access to any accounts or records of a charitable
organization 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 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) Whoever violates division (A) or (I) of this section is
guilty of a misdemeanor of the first degree.
Section 2. That existing sections 2915.01, 2915.07, and
2915.10 of the Revised Code are hereby repealed.
|
|