As Reported by the House Policy and Legislative Oversight Committee

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 141

Senators Obhof, Hughes

Cosponsors: Senators Eklund, Faber, Hite, Jones, Uecker

A BILL

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, to be amended to add additional

locations, and to declare an emergency.

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	11
Revised Code be amended to read as follows:	12

Sec. 2915.08. (A)(1) Annually before the first day of	13
January, a charitable organization that desires to conduct bingo,	14
instant bingo at a bingo session, or instant bingo other than at a	15
bingo session shall make out, upon a form to be furnished by the	16
attorney general for that purpose, an application for a license to	17
conduct bingo, instant bingo at a bingo session, or instant bingo	18
other than at a bingo session and deliver that application to the	19
attorney general together with a license fee as follows:	20

(a) Except as otherwise provided in this division, for a	21
license for the conduct of bingo, two hundred dollars;	22

(b) For a license for the conduct of instant bingo at a bingo	23
session or instant bingo other than at a bingo session for a	24
charitable organization that previously has not been licensed	25
under this chapter to conduct instant bingo at a bingo session or	26
instant bingo other than at a bingo session, a license fee of five	27
hundred dollars, and for any other charitable organization, a	28
license fee that is based upon the gross profits received by the	29
charitable organization from the operation of instant bingo at a	30
bingo session or instant bingo other than at a bingo session,	31
during the one-year period ending on the thirty-first day of	32
October of the year immediately preceding the year for which the	33
license is sought, and that is one of the following:	34

(i) Five hundred dollars, if the total is fifty thousand	35
dollars or less;	36

(ii) One thousand two hundred fifty dollars plus one-fourth	37
per cent of the gross profit, if the total is more than fifty	38
thousand dollars but less than two hundred fifty thousand one	39
dollars;	40

(iii) Two thousand two hundred fifty dollars plus one-half	41
per cent of the gross profit, if the total is more than two	42
hundred fifty thousand dollars but less than five hundred thousand	43
one dollars;	44

(iv) Three thousand five hundred dollars plus one per cent of	45
the gross profit, if the total is more than five hundred thousand	46
dollars but less than one million one dollars;	47

(v) Five thousand dollars plus one per cent of the gross	48
profit, if the total is one million one dollars or more;	49

(c) A reduced license fee established by the attorney general	50
pursuant to division (G) of this section.	51

(d) For a license to conduct bingo for a charitable	52
organization that prior to July 1, 2003, has not been licensed	53
under this chapter to conduct bingo, instant bingo at a bingo	54
session, or instant bingo other than at a bingo session, a license	55
fee established by rule by the attorney general in accordance with	56
division (H) of this section.	57

(2) The application shall be in the form prescribed by the	58
attorney general, shall be signed and sworn to by the applicant,	59
and shall contain all of the following:	60

(a) The name and post-office address of the applicant;

(b) A statement that the applicant is a charitable	62
organization and that it has been in continuous existence as a	63
charitable organization in this state for two years immediately	64
preceding the making of the application;	65

(c) The location at which the organization will conduct	66
bingo, which location shall be within the county in which the	67
principal place of business of the applicant is located, the days	68
of the week and the times on each of those days when bingo will be	69
conducted, whether the organization owns, leases, or subleases the	70
premises, and a copy of the rental agreement if it leases or	71
subleases the premises;	72

(d) A statement of the applicant's previous history, record,	73
and association that is sufficient to establish that the applicant	74
is a charitable organization, and a copy of a determination letter	75
that is issued by the Internal Revenue Service and states that the	76
organization is tax exempt under subsection 501(a) and described	77
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	78
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	79

(e) A statement as to whether the applicant has ever had any	80
previous application refused, whether it previously has had a	81
license revoked or suspended, and the reason stated by the	82
attorney general for the refusal, revocation, or suspension;	83

(f) A statement of the charitable purposes for which the net	84
profit derived from bingo, other than instant bingo, will be used,	85
and a statement of how the net profit derived from instant bingo	86
will be distributed in accordance with section 2915.101 of the	87
Revised Code;	88

(g) Other necessary and reasonable information that the	89
attorney general may require by rule adopted pursuant to section	90
111.15 of the Revised Code;	91

(h) If the applicant is a charitable trust as defined in	92
section 109.23 of the Revised Code, a statement as to whether it	93
has registered with the attorney general pursuant to section	94
109.26 of the Revised Code or filed annual reports pursuant to	95
section 109.31 of the Revised Code, and, if it is not required to	96
do either, the exemption in section 109.26 or 109.31 of the	97
Revised Code that applies to it;	98

(i) If the applicant is a charitable organization as defined	99
in section 1716.01 of the Revised Code, a statement as to whether	100
it has filed with the attorney general a registration statement	101
pursuant to section 1716.02 of the Revised Code and a financial	102
report pursuant to section 1716.04 of the Revised Code, and, if it	103
is not required to do both, the exemption in section 1716.03 of	104
the Revised Code that applies to it;	105

(j) In the case of an applicant seeking to qualify as a youth	106
athletic park organization, a statement issued by a board or body	107
vested with authority under Chapter 755. of the Revised Code for	108
the supervision and maintenance of recreation facilities in the	109
territory in which the organization is located, certifying that	110
the playing fields owned by the organization were used for at	111
least one hundred days during the year in which the statement is	112
issued, and were open for use to all residents of that territory,	113
regardless of race, color, creed, religion, sex, or national	114
origin, for athletic activities by youth athletic organizations	115
that do not discriminate on the basis of race, color, creed,	116
religion, sex, or national origin, and that the fields were not	117
used for any profit-making activity at any time during the year.	118
That type of board or body is authorized to issue the statement	119
upon request and shall issue the statement if it finds that the	120
applicant's playing fields were so used.	121

(3) The attorney general, within thirty days after receiving	122
a timely filed application from a charitable organization that has	123
been issued a license under this section that has not expired and	124
has not been revoked or suspended, shall send a temporary permit	125
to the applicant specifying the date on which the application was	126
filed with the attorney general and stating that, pursuant to	127
section 119.06 of the Revised Code, the applicant may continue to	128
conduct bingo until a new license is granted or, if the	129
application is rejected, until fifteen days after notice of the	130
rejection is mailed to the applicant. The temporary permit does	131
not affect the validity of the applicant's application and does	132
not grant any rights to the applicant except those rights	133
specifically granted in section 119.06 of the Revised Code. The	134
issuance of a temporary permit by the attorney general pursuant to	135
this division does not prohibit the attorney general from	136
rejecting the applicant's application because of acts that the	137
applicant committed, or actions that the applicant failed to take,	138
before or after the issuance of the temporary permit.	139

(4) Within thirty days after receiving an initial license	140
application from a charitable organization to conduct bingo,	141
instant bingo at a bingo session, or instant bingo other than at a	142
bingo session, the attorney general shall conduct a preliminary	143
review of the application and notify the applicant regarding any	144
deficiencies. Once an application is deemed complete, or beginning	145
on the thirtieth day after the application is filed, if the	146
attorney general failed to notify the applicant of any	147
deficiencies, the attorney general shall have an additional sixty	148
days to conduct an investigation and either grant or deny the	149
application based on findings established and communicated in	150
accordance with divisions (B) and (E) of this section. As an	151
option to granting or denying an initial license application, the	152
attorney general may grant a temporary license and request	153
additional time to conduct the investigation if the attorney	154
general has cause to believe that additional time is necessary to	155
complete the investigation and has notified the applicant in	156
writing about the specific concerns raised during the	157
investigation.	158

(B)(1) The attorney general shall adopt rules to enforce	159
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	160
Code to ensure that bingo or instant bingo is conducted in	161
accordance with those sections and to maintain proper control over	162
the conduct of bingo or instant bingo. The rules, except rules	163
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	164
shall be adopted pursuant to Chapter 119. of the Revised Code. The	165
attorney general shall license charitable organizations to conduct	166
bingo, instant bingo at a bingo session, or instant bingo other	167
than at a bingo session in conformance with this chapter and with	168
the licensing provisions of Chapter 119. of the Revised Code.	169

(2) The attorney general may refuse to grant a license to any	170
organization, or revoke or suspend the license of any	171
organization, that does any of the following or to which any of	172
the following applies:	173

(a) Fails or has failed at any time to meet any requirement	174
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	175
2915.11 of the Revised Code, or violates or has violated any	176
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	177
Code or any rule adopted by the attorney general pursuant to this	178
section;	179

(b) Makes or has made an incorrect or false statement that is	180
material to the granting of the license in an application filed	181
pursuant to division (A) of this section;	182

(c) Submits or has submitted any incorrect or false	183
information relating to an application if the information is	184
material to the granting of the license;	185

(d) Maintains or has maintained any incorrect or false	186
information that is material to the granting of the license in the	187
records required to be kept pursuant to divisions (A) and (C) of	188
section 2915.10 of the Revised Code, if applicable;	189

(e) The attorney general has good cause to believe that the	190
organization will not conduct bingo, instant bingo at a bingo	191
session, or instant bingo other than at a bingo session in	192
accordance with sections 2915.07 to 2915.13 of the Revised Code or	193
with any rule adopted by the attorney general pursuant to this	194
section.	195

(3) For the purposes of division (B) of this section, any	196
action of an officer, trustee, agent, representative, or bingo	197
game operator of an organization is an action of the organization.	198

(C) The attorney general may grant licenses to charitable	199
organizations that are branches, lodges, or chapters of national	200
charitable organizations.	201

(D) The attorney general shall send notice in writing to the	202
prosecuting attorney and sheriff of the county in which the	203
organization will conduct bingo, instant bingo at a bingo session,	204
or instant bingo other than at a bingo session, as stated in its	205
application for a license or amended license, and to any other law	206
enforcement agency in that county that so requests, of all of the	207
following:	208

(1) The issuance of the license;

209

(2) The issuance of the amended license;

210

(3) The rejection of an application for and refusal to grant	211
a license;	212

(4) The revocation of any license previously issued;

213

(5) The suspension of any license previously issued.

214

(E) A license issued by the attorney general shall set forth	215
the information contained on the application of the charitable	216
organization that the attorney general determines is relevant,	217
including, but not limited to, the location at which the	218
organization will conduct bingo, instant bingo at a bingo session,	219
or instant bingo other than at a bingo session and the days of the	220
week and the times on each of those days when bingo will be	221
conducted. If the attorney general refuses to grant or revokes or	222
suspends a license, the attorney general shall notify the	223
applicant in writing and specifically identify the reason for the	224
refusal, revocation, or suspension in narrative form and, if	225
applicable, by identifying the section of the Revised Code	226
violated. The failure of the attorney general to give the written	227
notice of the reasons for the refusal, revocation, or suspension	228
or a mistake in the written notice does not affect the validity of	229
the attorney general's refusal to grant, or the revocation or	230
suspension of, a license. If the attorney general fails to give	231
the written notice or if there is a mistake in the written notice,	232
the applicant may bring an action to compel the attorney general	233
to comply with this division or to correct the mistake, but the	234
attorney general's order refusing to grant, or revoking or	235
suspending, a license shall not be enjoined during the pendency of	236
the action.	237

(F) A charitable organization that has been issued a license	238
pursuant to division (B) of this section but that cannot conduct	239
bingo or instant bingo at the location, or on the day of the week	240
or at the time, specified on the license due to circumstances that	241
make it impractical to do so, or that desires to conduct instant	242
bingo other than at a bingo session at additional locations not	243
identified on the license, may apply in writing, together with an	244
application fee of two hundred fifty dollars, to the attorney	245
general, at least thirty days prior to a change in or addition of	246
a location, day of the week, or time, and request an amended	247
license. ~~The~~As applicable, the application shall describe the	248
causes making it impractical for the organization to conduct bingo	249
or instant bingo in conformity with its license and shall indicate	250
the location, days of the week, and times on each of those days	251
when it desires to conduct bingo or instant bingo and, as	252
applicable, shall indicate the additional locations at which it	253
desires to conduct instant bingo other than at a bingo session.	254
Except as otherwise provided in this division, the attorney	255
general shall issue the amended license in accordance with	256
division (E) of this section, and the organization shall surrender	257
its original license to the attorney general. The attorney general	258
may refuse to grant an amended license according to the terms of	259
division (B) of this section.	260

(G) The attorney general, by rule adopted pursuant to section	261
111.15 of the Revised Code, shall establish a schedule of reduced	262
license fees for charitable organizations that desire to conduct	263
bingo or instant bingo during fewer than twenty-six weeks in any	264
calendar year.	265

(H) The attorney general, by rule adopted pursuant to section	266
111.15 of the Revised Code, shall establish license fees for the	267
conduct of bingo, instant bingo at a bingo session, or instant	268
bingo other than at a bingo session for charitable organizations	269
that prior to July 1, 2003, have not been licensed to conduct	270
bingo, instant bingo at a bingo session, or instant bingo other	271
than at a bingo session under this chapter.	272

(I) The attorney general may enter into a written contract	273
with any other state agency to delegate to that state agency the	274
powers prescribed to the attorney general under Chapter 2915. of	275
the Revised Code.	276

(J) The attorney general, by rule adopted pursuant to section	277
111.15 of the Revised Code, may adopt rules to determine the	278
requirements for a charitable organization that is exempt from	279
federal income taxation under subsection 501(a) and described in	280
subsection 501(c)(3) of the Internal Revenue Code to be in good	281
standing in the state.	282

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	283
the commission shall have authority to complete the functions of	284
licensing, regulating, investigating, and penalizing casino	285
operators, management companies, holding companies, key employees,	286
casino gaming employees, and gaming-related vendors. The	287
commission also shall have jurisdiction over all persons	288
participating in casino gaming authorized by Section 6(C) of	289
Article XV, Ohio Constitution, and this chapter.	290

(B) All rules adopted by the commission under this chapter	291
shall be adopted under procedures established in Chapter 119. of	292
the Revised Code. The commission may contract for the services of	293
experts and consultants to assist the commission in carrying out	294
its duties under this section.	295

(C) Within six months of September 10, 2010, the commission	296
shall adopt initial rules as are necessary for completing the	297
functions stated in division (A) of this section and for	298
addressing the subjects enumerated in division (D) of this	299
section.	300

(D) The commission shall adopt, and as advisable and	301
necessary shall amend or repeal, rules that include all of the	302
following:	303

(1) The prevention of practices detrimental to the public	304
interest;	305

(2) Prescribing the method of applying, and the form of	306
application, that an applicant for a license under this chapter	307
must follow as otherwise described in this chapter;	308

(3) Prescribing the information to be furnished by an	309
applicant or licensee as described in section 3772.11 of the	310
Revised Code;	311

(4) Describing the certification standards and duties of an	312
independent testing laboratory certified under section 3772.31 of	313
the Revised Code and the relationship between the commission, the	314
laboratory, the gaming-related vendor, and the casino operator;	315

(5) The minimum amount of insurance that must be maintained	316
by a casino operator, management company, holding company, or	317
gaming-related vendor;	318

(6) The approval process for a significant change in	319
ownership or transfer of control of a licensee as provided in	320
section 3772.091 of the Revised Code;	321

(7) The design of gaming supplies, devices, and equipment to	322
be distributed by gaming-related vendors;	323

(8) Identifying the casino gaming that is permitted,	324
identifying the gaming supplies, devices, and equipment, that are	325
permitted, defining the area in which the permitted casino gaming	326
may be conducted, and specifying the method of operation according	327
to which the permitted casino gaming is to be conducted as	328
provided in section 3772.20 of the Revised Code, and requiring	329
gaming devices and equipment to meet the standards of this state;	330

(9) Tournament play in any casino facility;

331

(10) Establishing and implementing a voluntary exclusion	332
program that provides all of the following:	333

(a) Except as provided by commission rule, a person who	334
participates in the program shall agree to refrain from entering a	335
casino facility.	336

(b) The name of a person participating in the program shall	337
be included on a list of persons excluded from all casino	338
facilities.	339

(c) Except as provided by commission rule, no person who	340
participates in the program shall petition the commission for	341
admittance into a casino facility.	342

(d) The list of persons participating in the program and the	343
personal information of those persons shall be confidential and	344
shall only be disseminated by the commission to a casino operator	345
and the agents and employees of the casino operator for purposes	346
of enforcement and to other entities, upon request of the	347
participant and agreement by the commission.	348

(e) A casino operator shall make all reasonable attempts as	349
determined by the commission to cease all direct marketing efforts	350
to a person participating in the program.	351

(f) A casino operator shall not cash the check of a person	352
participating in the program or extend credit to the person in any	353
manner. However, the program shall not exclude a casino operator	354
from seeking the payment of a debt accrued by a person before	355
participating in the program.	356

(g) Any and all locations at which a person may register as a	357
participant in the program shall be published.	358

(11) Requiring the commission to adopt standards regarding	359
the marketing materials of a licensed casino operator, including	360
allowing the commission to prohibit marketing materials that are	361
contrary to the adopted standards;	362

(12) Requiring that the records, including financial	363
statements, of any casino operator, management company, holding	364
company, and gaming-related vendor be maintained in the manner	365
prescribed by the commission and made available for inspection	366
upon demand by the commission, but shall be subject to section	367
3772.16 of the Revised Code;	368

(13) Permitting a licensed casino operator, management	369
company, key employee, or casino gaming employee to question a	370
person suspected of violating this chapter;	371

(14) The chips, tokens, tickets, electronic cards, or similar	372
objects that may be purchased by means of an agreement under which	373
credit is extended to a wagerer by a casino operator;	374

(15) Establishing standards for provisional key employee	375
licenses for a person who is required to be licensed as a key	376
employee and is in exigent circumstances and standards for	377
provisional licenses for casino gaming employees who submit	378
complete applications and are compliant under an instant	379
background check. A provisional license shall be valid not longer	380
than three months. A provisional license may be renewed one time,	381
at the commission's discretion, for an additional three months. In	382
establishing standards with regard to instant background checks	383
the commission shall take notice of criminal records checks as	384
they are conducted under section 311.41 of the Revised Code using	385
electronic fingerprint reading devices.	386

(16) Establishing approval procedures for third-party	387
engineering or accounting firms, as described in section 3772.09	388
of the Revised Code;	389

(17) Prescribing the manner in which winnings, compensation	390
from casino gaming, and gross revenue must be computed and	391
reported by a licensee as described in Chapter 5753. of the	392
Revised Code;	393

(18) Prescribing conditions under which a licensee's license	394
may be suspended or revoked as described in section 3772.04 of the	395
Revised Code;	396

(19) Prescribing the manner and procedure of all hearings to	397
be conducted by the commission or by any hearing examiner;	398

(20) Prescribing technical standards and requirements that	399
are to be met by security and surveillance equipment that is used	400
at and standards and requirements to be met by personnel who are	401
employed at casino facilities, and standards and requirements for	402
the provision of security at and surveillance of casino	403
facilities;	404

(21) Prescribing requirements for a casino operator to	405
provide unarmed security services at a casino facility by licensed	406
casino employees, and the training that shall be completed by	407
these employees;	408

(22) Prescribing standards according to which casino	409
operators shall keep accounts and standards according to which	410
casino accounts shall be audited, and establish means of assisting	411
the tax commissioner in levying and collecting the gross casino	412
revenue tax levied under section 5753.02 of the Revised Code;	413

(23) Defining penalties for violation of commission rules and	414
a process for imposing such penalties subject to the review of the	415
joint committee on gaming and wagering;	416

(24) Establishing standards for decertifying contractors that	417
violate statutes or rules of this state or the federal government;	418

(25) Establishing standards for the repair of casino gaming	419
equipment;	420

(26) Establishing procedures to ensure that casino operators,	421
management companies, and holding companies are compliant with the	422
compulsive and problem gambling plan submitted under section	423
3772.18 of the Revised Code;	424

(27) Prescribing, for institutional investors in or holding	425
companies of a casino operator, management company, holding	426
company, or gaming-related vendor that fall below the threshold	427
needed to be considered an institutional investor or a holding	428
company, standards regarding what any employees, members, or	429
owners of those investors or holding companies may do and shall	430
not do in relation to casino facilities and casino gaming in this	431
state, which standards shall rationally relate to the need to	432
proscribe conduct that is inconsistent with passive institutional	433
investment status;	434

(28) Providing for any other thing necessary and proper for	435
successful and efficient regulation of casino gaming under this	436
chapter.	437

(E) The commission shall employ and assign gaming agents as	438
necessary to assist the commission in carrying out the duties of	439
this chapter. In order to maintain employment as a gaming agent,	440
the gaming agent shall successfully complete all continuing	441
training programs required by the commission and shall not have	442
been convicted of or pleaded guilty or no contest to a	443
disqualifying offense as defined in section 3772.07 of the Revised	444
Code.	445

(F) The commission, as a law enforcement agency, and its	446
gaming agents, as law enforcement officers as defined in section	447
2901.01 of the Revised Code, shall have authority with regard to	448
the detection and investigation of, the seizure of evidence	449
allegedly relating to, and the apprehension and arrest of persons	450
allegedly committing gaming offenses, and shall have access to	451
casino facilities to carry out the requirements of this chapter.	452

(G) The commission may eject or exclude or authorize the	453
ejection or exclusion of and a gaming agent may eject a person	454
from a casino facility for any of the following reasons:	455

(1) The person's name is on the list of persons voluntarily	456
excluding themselves from all casinos in a program established	457
according to rules adopted by the commission;	458

(2) The person violates or conspires to violate this chapter	459
or a rule adopted thereunder; or	460

(3) The commission determines that the person's conduct or	461
reputation is such that the person's presence within a casino	462
facility may call into question the honesty and integrity of the	463
casino gaming operations or interfere with the orderly conduct of	464
the casino gaming operations.	465

(H) A person, other than a person participating in a	466
voluntary exclusion program, may petition the commission for a	467
public hearing on the person's ejection or exclusion under this	468
chapter.	469

(I) A casino operator or management company shall have the	470
same authority to eject or exclude a person from the management	471
company's casino facilities as authorized in division (G) of this	472
section. The licensee shall immediately notify the commission of	473
an ejection or exclusion.	474

(J) The commission shall submit a written annual report with	475
the governor, president and minority leader of the senate, speaker	476
and minority leader of the house of representatives, and joint	477
committee on gaming and wagering before the first day of September	478
each year. The annual report shall cover the previous fiscal year	479
and shall include aall of the following:	480

(1) A statement describing the receipts and disbursements of	481
the commission~~, relevant~~;	482

(2) Relevant financial data regarding casino gaming,	483
including gross revenues and disbursements made under this	484
chapter~~, actions~~;	485

(3) Actions taken by the commission~~, an~~;

486

(4) An update on casino operators', management companies',	487
and holding companies' compulsive and problem gambling plans and	488
the voluntary exclusion program and list~~, and any~~;	489

(5) Information regarding prosecutions for conduct described	490
in division (H) of section 3772.99 of the Revised Code, including,	491
but not limited to, the total number of prosecutions commenced and	492
the name of each person prosecuted;	493

(6) Any additional information that the commission considers	494
useful or that the governor, president or minority leader of the	495
senate, speaker or minority leader of the house of	496
representatives, or joint committee on gaming and wagering	497
requests.	498

(K) Notwithstanding any law to the contrary, beginning on	499
July 1, 2011, the commission shall assume jurisdiction over and	500
oversee the regulation of skill-based amusement machines as is	501
provided in the law of this state.	502

Sec. 3772.99. (A) The commission shall levy and collect	503
penalties for noncriminal violations of this chapter. Noncriminal	504
violations include using the term "casino" in any advertisement in	505
regard to a facility operating video lottery terminals, as defined	506
in section 3770.21 of the Revised Code, in this state. Moneys	507
collected from such penalty levies shall be credited to the	508
general revenue fund.	509

(B) If a licensed casino operator, management company,	510
holding company, gaming-related vendor, or key employee violates	511
this chapter or engages in a fraudulent act, the commission may	512
suspend or revoke the license and may do either or both of the	513
following:	514

(1) Suspend, revoke, or restrict the casino gaming operations	515
of a casino operator;	516

(2) Require the removal of a management company, key	517
employee, or discontinuance of services from a gaming-related	518
vendor.	519

(C) The commission shall impose civil penalties against a	520
person who violates this chapter under the penalties adopted by	521
commission rule and reviewed by the joint committee on gaming and	522
wagering.	523

(D) A person who knowingly or intentionally does any of the	524
following commits a misdemeanor of the first degree on the first	525
offense and a felony of the fifth degree for a subsequent offense:	526

(1) Makes a false statement on an application submitted under	527
this chapter;	528

(2) Permits a person less than twenty-one years of age to	529
make a wager at a casino facility;	530

(3) Aids, induces, or causes a person less than twenty-one	531
years of age who is not an employee of the casino gaming operation	532
to enter or attempt to enter a casino facility;	533

(4) Enters or attempts to enter a casino facility while under	534
twenty-one years of age, unless the person enters a designated	535
area as described in section 3772.24 of the Revised Code;	536

(5) Is a casino operator or employee and participates in	537
casino gaming other than as part of operation or employment.	538

(E) A person who knowingly or intentionally does any of the	539
following commits a felony of the fifth degree on a first offense	540
and a felony of the fourth degree for a subsequent offense. If the	541
person is a licensee under this chapter, the commission shall	542
revoke the person's license after the first offense.	543

(1) Uses or possesses with the intent to use a device to	544
assist in projecting the outcome of the casino game, keeping track	545
of the cards played, analyzing the probability of the occurrence	546
of an event relating to the casino game, or analyzing the strategy	547
for playing or betting to be used in the casino game, except as	548
permitted by the commission;	549

(2) Cheats at a casino game;

550

(3) Manufactures, sells, or distributes any cards, chips,	551
dice, game, or device that is intended to be used to violate this	552
chapter;	553

(4) Alters or misrepresents the outcome of a casino game on	554
which wagers have been made after the outcome is made sure but	555
before the outcome is revealed to the players;	556

(5) Places, increases, or decreases a wager on the outcome of	557
a casino game after acquiring knowledge that is not available to	558
all players and concerns the outcome of the casino game that is	559
the subject of the wager;	560

(6) Aids a person in acquiring the knowledge described in	561
division (E)(5) of this section for the purpose of placing,	562
increasing, or decreasing a wager contingent on the outcome of a	563
casino game;	564

(7) Claims, collects, takes, or attempts to claim, collect,	565
or take money or anything of value in or from a casino game with	566
the intent to defraud or without having made a wager contingent on	567
winning a casino game;	568

(8) Claims, collects, or takes an amount of money or thing of	569
value of greater value than the amount won in a casino game;	570

(9) Uses or possesses counterfeit chips, tokens, or cashless	571
wagering instruments in or for use in a casino game;	572

(10) Possesses a key or device designed for opening,	573
entering, or affecting the operation of a casino game, drop box,	574
or an electronic or a mechanical device connected with the casino	575
game or removing coins, tokens, chips, or other contents of a	576
casino game. This division does not apply to a casino operator,	577
management company, or gaming-related vendor or their agents and	578
employees in the course of agency or employment.	579

(11) Possesses materials used to manufacture a device	580
intended to be used in a manner that violates this chapter;	581

(12) Operates a casino gaming operation in which wagering is	582
conducted or is to be conducted in a manner other than the manner	583
required under this chapter.	584

(F) The possession of more than one of the devices described	585
in division (E)(9), (10), or (11) of this section creates a	586
rebuttable presumption that the possessor intended to use the	587
devices for cheating.	588

(G) A person who knowingly or intentionally does any of the	589
following commits a felony of the third degree. If the person is a	590
licensee under this chapter, the commission shall revoke the	591
person's license after the first offense. A public servant or	592
party official who is convicted under this division is forever	593
disqualified from holding any public office, employment, or	594
position of trust in this state.	595

(1) Offers, promises, or gives anything of value or benefit	596
to a person who is connected with the casino operator, management	597
company, holding company, or gaming-related vendor, including	598
their officers and employees, under an agreement to influence or	599
with the intent to influence the actions of the person to whom the	600
offer, promise, or gift was made in order to affect or attempt to	601
affect the outcome of a casino game or an official action of a	602
commission member, agent, or employee;	603

(2) Solicits, accepts, or receives a promise of anything of	604
value or benefit while the person is connected with a casino,	605
including an officer or employee of a casino operator, management	606
company, or gaming-related vendor, under an agreement to influence	607
or with the intent to influence the actions of the person to	608
affect or attempt to affect the outcome of a casino game or an	609
official action of a commission member, agent, or employee;	610

(H) A person who knowingly or intentionally does any of the	611
following while participating in casino gaming or otherwise	612
transacting with a casino facility as permitted by Chapter 3772.	613
of the Revised Code commits a felony of the fifth degree on a	614
first offense and a felony of the fourth degree for a subsequent	615
offense:	616

(1) Causes or attempts to cause a casino facility to fail to	617
file a report required under 31 U.S.C. 5313(a) or 5325 or any	618
regulation prescribed thereunder or section 1315.53 of the Revised	619
Code, or to fail to file a report or maintain a record required by	620
an order issued under section 21 of the "Federal Deposit Insurance	621
Act" or section 123 of Pub. L. No. 91-508;	622

(2) Causes or attempts to cause a casino facility to file a	623
report required under 31 U.S.C. 5313(a) or 5325 or any regulation	624
prescribed thereunder or section 1315.53 of the Revised Code, to	625
file a report or to maintain a record required by any order issued	626
under 31 U.S.C. 5326, or to maintain a record required under any	627
regulation prescribed under section 21 of the "Federal Deposit	628
Insurance Act" or section 123 of Pub. L. No. 91-508 that contains	629
a material omission or misstatement of fact;	630

(3) With one or more casino facilities, structures a	631
transaction, is complicit in structuring a transaction, attempts	632
to structure a transaction, or is complicit in an attempt to	633
structure a transaction.	634

(I) A person who is convicted of a felony described in this	635
chapter may be barred for life from entering a casino facility by	636
the commission.	637

(J) As used in division (H) of this section:

638

(1) To be "complicit" means to engage in any conduct of a	639
type described in divisions (A)(1) to (4) of section 2923.03 of	640
the Revised Code.	641

(2) "Structure a transaction" has the same meaning as in	642
section 1315.51 of the Revised Code.	643

Section 2. That existing sections 2915.08, 3772.03, and	644
3772.99 of the Revised Code are hereby repealed.	645

Section 3. This act is an emergency measure necessary for	646
the immediate preservation of the public peace, health, and	647
safety. The reasons for such necessity are to criminalize the	648
activities defined in the act as soon as possible. Therefore, this	649
act goes into immediate effect.	650