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To amend sections 109.32, 2915.01, 2915.08, 2915.081, | 1 |
2915.082, 2915.092, 2915.095, 2915.10, and 2915.13 | 2 |
and to enact sections 2915.083 and 2915.096 of the | 3 |
Revised Code to allow charitable video bingo by | 4 |
veteran's, fraternal, and sporting organizations. | 5 |
Section 1. That sections 109.32, 2915.01, 2915.08, 2915.081, | 6 |
2915.082, 2915.092, 2915.095, 2915.10, and 2915.13 be amended and | 7 |
sections 2915.083 and 2915.096 of the Revised Code be enacted to | 8 |
read as follows: | 9 |
Sec. 109.32. All annual filing fees obtained by the attorney | 10 |
general pursuant to section 109.31 of the Revised Code, all | 11 |
receipts obtained from the sale of the charitable foundations | 12 |
directory, all registration fees received by the attorney general, | 13 |
bond forfeitures, awards of costs and attorney's fees, and civil | 14 |
penalties assessed under Chapter 1716. of the Revised Code, and | 15 |
all license fees received by the attorney general under section | 16 |
2915.08, 2915.081, | 17 |
shall be paid into the state treasury to the credit of the | 18 |
charitable law fund. The charitable law fund shall be used insofar | 19 |
as its moneys are available for the expenses of the charitable law | 20 |
section of the office of the attorney general, except that all | 21 |
annual license fees that are received by the attorney general | 22 |
under section 2915.08, 2915.081, or 2915.082 of the Revised Code | 23 |
and that are credited to the fund shall be used by the attorney | 24 |
general, or any law enforcement agency in cooperation with the | 25 |
attorney general, for the purposes specified in division | 26 |
section 2915.10 of the Revised Code and to administer and enforce | 27 |
Chapter 2915. of the Revised Code. The expenses of the charitable | 28 |
law section in excess of moneys available in the charitable law | 29 |
fund shall be paid out of regular appropriations to the office of | 30 |
the attorney general. | 31 |
Sec. 2915.01. As used in this chapter: | 32 |
(A) "Bookmaking" means the business of receiving or paying | 33 |
off bets. | 34 |
(B) "Bet" means the hazarding of anything of value upon the | 35 |
result of an event, undertaking, or contingency, but does not | 36 |
include a bona fide business risk. | 37 |
(C) "Scheme of chance" means a slot machine unless authorized | 38 |
under Chapter 3772. of the Revised Code, lottery unless authorized | 39 |
under Chapter 3770. of the Revised Code, numbers game, pool | 40 |
conducted for profit, or other scheme in which a participant gives | 41 |
a valuable consideration for a chance to win a prize, but does not | 42 |
include bingo, a skill-based amusement machine, or a pool not | 43 |
conducted for profit. "Scheme of chance" includes the use of an | 44 |
electronic device to reveal the results of a game entry if | 45 |
valuable consideration is paid, directly or indirectly, for a | 46 |
chance to win a prize. Valuable consideration is deemed to be paid | 47 |
for a chance to win a prize in the following instances: | 48 |
(1) Less than fifty per cent of the goods or services sold by | 49 |
a scheme of chance operator in exchange for game entries are used | 50 |
or redeemed by participants at any one location; | 51 |
(2) Less than fifty per cent of participants who purchase | 52 |
goods or services at any one location do not accept, use, or | 53 |
redeem the goods or services sold or purportedly sold; | 54 |
(3) More than fifty per cent of prizes at any one location | 55 |
are revealed to participants through an electronic device | 56 |
simulating a game of chance or a "casino game" as defined in | 57 |
section 3772.01 of the Revised Code; | 58 |
(4) The good or service sold by a scheme of chance operator | 59 |
in exchange for a game entry cannot be used or redeemed in the | 60 |
manner advertised; | 61 |
(5) A participant pays more than fair market value for goods | 62 |
or services offered by a scheme of chance operator in order to | 63 |
receive one or more game entries; | 64 |
(6) A participant may use the electronic device to purchase | 65 |
additional game entries; | 66 |
(7) A participant may purchase additional game entries by | 67 |
using points or credits won as prizes while using the electronic | 68 |
device; | 69 |
(8) A scheme of chance operator pays out in prize money more | 70 |
than twenty per cent of the gross revenue received at one | 71 |
location; or | 72 |
(9) A participant makes a purchase or exchange in order to | 73 |
obtain any good or service that may be used to facilitate play on | 74 |
the electronic device. | 75 |
As used in this division, "electronic device" means a | 76 |
mechanical, video, digital, or electronic machine or device that | 77 |
is capable of displaying information on a screen or other | 78 |
mechanism and that is owned, leased, or otherwise possessed by any | 79 |
person conducting a scheme of chance, or by that person's | 80 |
partners, affiliates, subsidiaries, or contractors. | 81 |
(D) "Game of chance" means poker, craps, roulette, or other | 82 |
game in which a player gives anything of value in the hope of | 83 |
gain, the outcome of which is determined largely by chance, but | 84 |
does not include bingo. | 85 |
(E) "Game of chance conducted for profit" means any game of | 86 |
chance designed to produce income for the person who conducts or | 87 |
operates the game of chance, but does not include bingo. | 88 |
(F) "Gambling device" means any of the following: | 89 |
(1) A book, totalizer, or other equipment for recording bets; | 90 |
(2) A ticket, token, or other device representing a chance, | 91 |
share, or interest in a scheme of chance or evidencing a bet; | 92 |
(3) A deck of cards, dice, gaming table, roulette wheel, slot | 93 |
machine, or other apparatus designed for use in connection with a | 94 |
game of chance; | 95 |
(4) Any equipment, device, apparatus, or paraphernalia | 96 |
specially designed for gambling purposes; | 97 |
(5) Bingo supplies sold or otherwise provided, or used, in | 98 |
violation of this chapter; | 99 |
(6) Skill-based amusement machines, slot machines, and | 100 |
charitable video bingo supplies sold or otherwise provided or used | 101 |
in violation of this chapter. | 102 |
(G) "Gambling offense" means any of the following: | 103 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 104 |
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.083, | 105 |
2915.09, 2915.091, 2915.092, 2915.093, 2915.094, 2915.096, | 106 |
2915.10, | 107 |
(2) A violation of an existing or former municipal ordinance | 108 |
or law of this or any other state or the United States | 109 |
substantially equivalent to any section listed in division (G)(1) | 110 |
of this section or a violation of section 2915.06 of the Revised | 111 |
Code as it existed prior to July 1, 1996; | 112 |
(3) An offense under an existing or former municipal | 113 |
ordinance or law of this or any other state or the United States, | 114 |
of which gambling is an element; | 115 |
(4) A conspiracy or attempt to commit, or complicity in | 116 |
committing, any offense under division (G)(1), (2), or (3) of this | 117 |
section. | 118 |
(H) Except as otherwise provided in this chapter, "charitable | 119 |
organization" means either of the following: | 120 |
(1) An organization that is, and has received from the | 121 |
internal revenue service a determination letter that currently is | 122 |
in effect stating that the organization is, exempt from federal | 123 |
income taxation under subsection 501(a) and described in | 124 |
subsection 501(c)(3) of the Internal Revenue Code; | 125 |
(2) A volunteer rescue service organization, volunteer | 126 |
firefighter's organization, veteran's organization, fraternal | 127 |
organization, or sporting organization that is exempt from federal | 128 |
income taxation under subsection 501(c)(4), (c)(7), (c)(8), | 129 |
(c)(10), or (c)(19) of the Internal Revenue Code. | 130 |
To qualify as a "charitable organization," an organization | 131 |
shall have been in continuous existence as such in this state for | 132 |
a period of two years immediately preceding either the making of | 133 |
an application for a bingo license under section 2915.08 of the | 134 |
Revised Code or the conducting of any game of chance as provided | 135 |
in division (D) of section 2915.02 of the Revised Code. | 136 |
(I) "Religious organization" means any church, body of | 137 |
communicants, or group that is not organized or operated for | 138 |
profit and that gathers in common membership for regular worship | 139 |
and religious observances. | 140 |
(J) "Veteran's organization" means any individual post or | 141 |
state headquarters of a national veteran's association or an | 142 |
auxiliary unit of any individual post of a national veteran's | 143 |
association, which post, state headquarters, or auxiliary unit is | 144 |
incorporated as a nonprofit corporation and either has received a | 145 |
letter from the state headquarters of the national veteran's | 146 |
association indicating that the individual post or auxiliary unit | 147 |
is in good standing with the national veteran's association or has | 148 |
received a letter from the national veteran's association | 149 |
indicating that the state headquarters is in good standing with | 150 |
the national veteran's association. As used in this division, | 151 |
"national veteran's association" means any veteran's association | 152 |
that has been in continuous existence as such for a period of at | 153 |
least five years and either is incorporated by an act of the | 154 |
United States congress or has a national dues-paying membership of | 155 |
at least five thousand persons. | 156 |
(K) "Volunteer firefighter's organization" means any | 157 |
organization of volunteer firefighters, as defined in section | 158 |
146.01 of the Revised Code, that is organized and operated | 159 |
exclusively to provide financial support for a volunteer fire | 160 |
department or a volunteer fire company and that is recognized or | 161 |
ratified by a county, municipal corporation, or township. | 162 |
(L) "Fraternal organization" means any society, order, state | 163 |
headquarters, or association within this state, except a college | 164 |
or high school fraternity, that is not organized for profit, that | 165 |
is a branch, lodge, or chapter of a national or state | 166 |
organization, that exists exclusively for the common business or | 167 |
sodality of its members. | 168 |
(M) "Volunteer rescue service organization" means any | 169 |
organization of volunteers organized to function as an emergency | 170 |
medical service organization, as defined in section 4765.01 of the | 171 |
Revised Code. | 172 |
(N) "Charitable bingo game" means any bingo game described in | 173 |
division (O)(1) or (2) of this section that is conducted by a | 174 |
charitable organization that has obtained a license pursuant to | 175 |
section 2915.08 of the Revised Code and the proceeds of which are | 176 |
used for a charitable purpose. | 177 |
(O) "Bingo" means either of the following: | 178 |
(1) A game with all of the following characteristics: | 179 |
(a) The participants use bingo cards or sheets, including | 180 |
paper formats and electronic representation or image formats, that | 181 |
are divided into twenty-five spaces arranged in five horizontal | 182 |
and five vertical rows of spaces, with each space, except the | 183 |
central space, being designated by a combination of a letter and a | 184 |
number and with the central space being designated as a free | 185 |
space. | 186 |
(b) The participants cover the spaces on the bingo cards or | 187 |
sheets that correspond to combinations of letters and numbers that | 188 |
are announced by a bingo game operator. | 189 |
(c) A bingo game operator announces combinations of letters | 190 |
and numbers that appear on objects that a bingo game operator | 191 |
selects by chance, either manually or mechanically, from a | 192 |
receptacle that contains seventy-five objects at the beginning of | 193 |
each game, each object marked by a different combination of a | 194 |
letter and a number that corresponds to one of the seventy-five | 195 |
possible combinations of a letter and a number that can appear on | 196 |
the bingo cards or sheets. | 197 |
(d) The winner of the bingo game includes any participant who | 198 |
properly announces during the interval between the announcements | 199 |
of letters and numbers as described in division (O)(1)(c) of this | 200 |
section, that a predetermined and preannounced pattern of spaces | 201 |
has been covered on a bingo card or sheet being used by the | 202 |
participant. | 203 |
(2) Instant bingo, punch boards, | 204 |
video bingo. | 205 |
(P) "Conduct" means to back, promote, organize, manage, carry | 206 |
on, sponsor, or prepare for the operation of bingo or a game of | 207 |
chance, a scheme of chance, or a sweepstakes. | 208 |
(Q) "Bingo game operator" means any person, except security | 209 |
personnel, who performs work or labor at the site of bingo, | 210 |
including, but not limited to, collecting money from participants, | 211 |
handing out bingo cards or sheets or objects to cover spaces on | 212 |
bingo cards or sheets, selecting from a receptacle the objects | 213 |
that contain the combination of letters and numbers that appear on | 214 |
bingo cards or sheets, calling out the combinations of letters and | 215 |
numbers, distributing prizes, selling or redeeming instant bingo | 216 |
or charitable video bingo tickets or cards, supervising the | 217 |
operation of a punch board, selling raffle tickets, selecting | 218 |
raffle tickets from a receptacle and announcing the winning | 219 |
numbers in a raffle, | 220 |
beverages, supervising the operation of charitable video bingo, | 221 |
and accessing player terminals and charitable video bingo devices | 222 |
other than as a participant. "Bingo game operator" does not | 223 |
include licensed charitable video bingo distributors and employees | 224 |
of those distributors. | 225 |
(R) "Participant" means any person who plays bingo. | 226 |
(S) "Bingo session" means a period that includes both of the | 227 |
following: | 228 |
(1) Not to exceed five continuous hours for the conduct of | 229 |
one or more games described in division (O)(1) of this section, | 230 |
instant bingo, and seal cards; | 231 |
(2) A period for the conduct of instant bingo and seal cards | 232 |
for not more than two hours before and not more than two hours | 233 |
after the period described in division (S)(1) of this section. | 234 |
(T) "Gross receipts" means all money or assets, including | 235 |
admission fees, that a person receives from bingo without the | 236 |
deduction of any amounts for prizes paid out or for the expenses | 237 |
of conducting bingo. "Gross receipts" does not include any money | 238 |
directly taken in from the sale of food or beverages by a | 239 |
charitable organization conducting bingo, or by a bona fide | 240 |
auxiliary unit or society of a charitable organization conducting | 241 |
bingo, provided all of the following apply: | 242 |
(1) The auxiliary unit or society has been in existence as a | 243 |
bona fide auxiliary unit or society of the charitable organization | 244 |
for at least two years prior to conducting bingo. | 245 |
(2) The person who purchases the food or beverage receives | 246 |
nothing of value except the food or beverage and items customarily | 247 |
received with the purchase of that food or beverage. | 248 |
(3) The food and beverages are sold at customary and | 249 |
reasonable prices. | 250 |
(U) "Security personnel" includes any person who either is a | 251 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 252 |
constable, or member of an organized police department of a | 253 |
municipal corporation or has successfully completed a peace | 254 |
officer's training course pursuant to sections 109.71 to 109.79 of | 255 |
the Revised Code and who is hired to provide security for the | 256 |
premises on which bingo is conducted. | 257 |
(V) "Charitable purpose" means that the net profit of bingo, | 258 |
other than instant bingo, is used by, or is given, donated, or | 259 |
otherwise transferred to, any of the following: | 260 |
(1) Any organization that is described in subsection | 261 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 262 |
and is either a governmental unit or an organization that is tax | 263 |
exempt under subsection 501(a) and described in subsection | 264 |
501(c)(3) of the Internal Revenue Code; | 265 |
(2) A veteran's organization that is a post, chapter, or | 266 |
organization of veterans, or an auxiliary unit or society of, or a | 267 |
trust or foundation for, any such post, chapter, or organization | 268 |
organized in the United States or any of its possessions, at least | 269 |
seventy-five per cent of the members of which are veterans and | 270 |
substantially all of the other members of which are individuals | 271 |
who are spouses, widows, or widowers of veterans, or such | 272 |
individuals, provided that no part of the net earnings of such | 273 |
post, chapter, or organization inures to the benefit of any | 274 |
private shareholder or individual, and further provided that the | 275 |
net profit is used by the post, chapter, or organization for the | 276 |
charitable purposes set forth in division (B)(12) of section | 277 |
5739.02 of the Revised Code, is used for awarding scholarships to | 278 |
or for attendance at an institution mentioned in division (B)(12) | 279 |
of section 5739.02 of the Revised Code, is donated to a | 280 |
governmental agency, or is used for nonprofit youth activities, | 281 |
the purchase of United States or Ohio flags that are donated to | 282 |
schools, youth groups, or other bona fide nonprofit organizations, | 283 |
promotion of patriotism, or disaster relief; | 284 |
(3) A fraternal organization that has been in continuous | 285 |
existence in this state for fifteen years and that uses the net | 286 |
profit exclusively for religious, charitable, scientific, | 287 |
literary, or educational purposes, or for the prevention of | 288 |
cruelty to children or animals, if contributions for such use | 289 |
would qualify as a deductible charitable contribution under | 290 |
subsection 170 of the Internal Revenue Code; | 291 |
(4) A volunteer firefighter's organization that uses the net | 292 |
profit for the purposes set forth in division (K) of this section. | 293 |
(W) "Internal Revenue Code" means the "Internal Revenue Code | 294 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 295 |
amended. | 296 |
(X) "Youth athletic organization" means any organization, not | 297 |
organized for profit, that is organized and operated exclusively | 298 |
to provide financial support to, or to operate, athletic | 299 |
activities for persons who are twenty-one years of age or younger | 300 |
by means of sponsoring, organizing, operating, or contributing to | 301 |
the support of an athletic team, club, league, or association. | 302 |
(Y) "Youth athletic park organization" means any | 303 |
organization, not organized for profit, that satisfies both of the | 304 |
following: | 305 |
(1) It owns, operates, and maintains playing fields that | 306 |
satisfy both of the following: | 307 |
(a) The playing fields are used at least one hundred days per | 308 |
year for athletic activities by one or more organizations, not | 309 |
organized for profit, each of which is organized and operated | 310 |
exclusively to provide financial support to, or to operate, | 311 |
athletic activities for persons who are eighteen years of age or | 312 |
younger by means of sponsoring, organizing, operating, or | 313 |
contributing to the support of an athletic team, club, league, or | 314 |
association. | 315 |
(b) The playing fields are not used for any profit-making | 316 |
activity at any time during the year. | 317 |
(2) It uses the proceeds of bingo it conducts exclusively for | 318 |
the operation, maintenance, and improvement of its playing fields | 319 |
of the type described in division (Y)(1) of this section. | 320 |
(Z) "Bingo supplies" means bingo cards or sheets; instant | 321 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 322 |
punch boards; seal cards; instant bingo ticket dispensers; and | 323 |
devices for selecting or displaying the combination of bingo | 324 |
letters and numbers or raffle tickets. Items that are "bingo | 325 |
supplies" are not gambling devices if sold or otherwise provided, | 326 |
and used, in accordance with this chapter. For purposes of this | 327 |
chapter, "bingo supplies" are not to be considered equipment used | 328 |
to conduct a bingo game. "Bingo supplies" does not include | 329 |
charitable video bingo supplies. | 330 |
(AA) "Instant bingo" means a form of bingo that shall use | 331 |
folded or banded tickets or paper cards with perforated break-open | 332 |
tabs, a face of which is covered or otherwise hidden from view to | 333 |
conceal a number, letter, or symbol, or set of numbers, letters, | 334 |
or symbols, some of which have been designated in advance as prize | 335 |
winners, and may also include games in which some winners are | 336 |
determined by the random selection of one or more bingo numbers by | 337 |
the use of a seal card or bingo blower. In all "instant bingo" the | 338 |
prize amount and structure shall be predetermined. "Instant bingo" | 339 |
does not include any device that is activated by the insertion of | 340 |
a coin, currency, token, or an equivalent, and that contains as | 341 |
one of its components a video display monitor that is capable of | 342 |
displaying numbers, letters, symbols, or characters in winning or | 343 |
losing combinations. | 344 |
(BB) "Seal card" means a form of instant bingo that uses | 345 |
instant bingo tickets in conjunction with a board or placard that | 346 |
contains one or more seals that, when removed or opened, reveal | 347 |
predesignated winning numbers, letters, or symbols. | 348 |
(CC) "Raffle" means a form of bingo in which the one or more | 349 |
prizes are won by one or more persons who have purchased a raffle | 350 |
ticket. The one or more winners of the raffle are determined by | 351 |
drawing a ticket stub or other detachable section from a | 352 |
receptacle containing ticket stubs or detachable sections | 353 |
corresponding to all tickets sold for the raffle. "Raffle" does | 354 |
not include the drawing of a ticket stub or other detachable | 355 |
section of a ticket purchased to attend a professional sporting | 356 |
event if both of the following apply: | 357 |
(1) The ticket stub or other detachable section is used to | 358 |
select the winner of a free prize given away at the professional | 359 |
sporting event; and | 360 |
(2) The cost of the ticket is the same as the cost of a | 361 |
ticket to the professional sporting event on days when no free | 362 |
prize is given away. | 363 |
(DD) "Punch board" means a board containing a number of holes | 364 |
or receptacles of uniform size in which are placed, mechanically | 365 |
and randomly, serially numbered slips of paper that may be punched | 366 |
or drawn from the hole or receptacle when used in conjunction with | 367 |
instant bingo. A player may punch or draw the numbered slips of | 368 |
paper from the holes or receptacles and obtain the prize | 369 |
established for the game if the number drawn corresponds to a | 370 |
winning number or, if the punch board includes the use of a seal | 371 |
card, a potential winning number. | 372 |
(EE) "Gross profit" means gross receipts minus the amount | 373 |
actually expended for the payment of prize awards. | 374 |
(FF) "Net profit" means gross profit minus expenses. | 375 |
(GG) "Expenses" means the reasonable amount of gross profit | 376 |
actually expended for all of the following: | 377 |
(1) The purchase or lease of bingo supplies; | 378 |
(2) The annual license fee required under section 2915.08 of | 379 |
the Revised Code; | 380 |
(3) Bank fees and service charges for a bingo session or game | 381 |
account described in section 2915.10 of the Revised Code; | 382 |
(4) Audits and accounting services; | 383 |
(5) Safes; | 384 |
(6) Cash registers; | 385 |
(7) Hiring security personnel; | 386 |
(8) Advertising bingo; | 387 |
(9) Renting premises in which to conduct a bingo session; | 388 |
(10) Tables and chairs; | 389 |
(11) Expenses for maintaining and operating a charitable | 390 |
organization's facilities, including, but not limited to, a post | 391 |
home, club house, lounge, tavern, or canteen and any grounds | 392 |
attached to the post home, club house, lounge, tavern, or canteen; | 393 |
(12) Payment of real property taxes and assessments that are | 394 |
levied on a premises on which bingo is conducted; | 395 |
(13) Any other product or service directly related to the | 396 |
conduct of bingo that is authorized in rules adopted by the | 397 |
attorney general under division (B)(1) of section 2915.08 of the | 398 |
Revised Code. | 399 |
(HH) "Person" has the same meaning as in section 1.59 of the | 400 |
Revised Code and includes any firm or any other legal entity, | 401 |
however organized. | 402 |
(II) "Revoke" means to void permanently all rights and | 403 |
privileges of the holder of a license issued under section | 404 |
2915.08, 2915.081, | 405 |
a charitable gaming license issued by another jurisdiction. | 406 |
(JJ) "Suspend" means to interrupt temporarily all rights and | 407 |
privileges of the holder of a license issued under section | 408 |
2915.08, 2915.081, | 409 |
a charitable gaming license issued by another jurisdiction. | 410 |
(KK) "Distributor" means any person who purchases or obtains | 411 |
bingo supplies and who does either of the following: | 412 |
(1) Sells, offers for sale, or otherwise provides or offers | 413 |
to provide the bingo supplies to another person for use in this | 414 |
state; | 415 |
(2) Modifies, converts, adds to, or removes parts from the | 416 |
bingo supplies to further their promotion or sale for use in this | 417 |
state. | 418 |
(LL) "Manufacturer" means any person who assembles completed | 419 |
bingo supplies from raw materials, other items, or subparts or who | 420 |
modifies, converts, adds to, or removes parts from bingo supplies | 421 |
to further their promotion or sale. | 422 |
(MM) "Gross annual revenues" means the annual gross receipts | 423 |
derived from the conduct of bingo described in division (O)(1) of | 424 |
this section plus the annual net profit derived from the conduct | 425 |
of bingo described in division (O)(2) of this section. | 426 |
(NN) "Instant bingo ticket dispenser" means a mechanical | 427 |
device that dispenses an instant bingo ticket or card as the sole | 428 |
item of value dispensed and that has the following | 429 |
characteristics: | 430 |
(1) It is activated upon the insertion of United States | 431 |
currency. | 432 |
(2) It performs no gaming functions. | 433 |
(3) It does not contain a video display monitor or generate | 434 |
noise. | 435 |
(4) It is not capable of displaying any numbers, letters, | 436 |
symbols, or characters in winning or losing combinations. | 437 |
(5) It does not simulate or display rolling or spinning | 438 |
reels. | 439 |
(6) It is incapable of determining whether a dispensed bingo | 440 |
ticket or card is a winning or nonwinning ticket or card and | 441 |
requires a winning ticket or card to be paid by a bingo game | 442 |
operator. | 443 |
(7) It may provide accounting and security features to aid in | 444 |
accounting for the instant bingo tickets or cards it dispenses. | 445 |
(8) It is not part of an electronic network and is not | 446 |
interactive. | 447 |
(OO)(1) "Electronic bingo aid" means an electronic device | 448 |
used by a participant to monitor bingo cards or sheets purchased | 449 |
at the time and place of a bingo session and that does all of the | 450 |
following: | 451 |
(a) It provides a means for a participant to input numbers | 452 |
and letters announced by a bingo caller. | 453 |
(b) It compares the numbers and letters entered by the | 454 |
participant to the bingo faces previously stored in the memory of | 455 |
the device. | 456 |
(c) It identifies a winning bingo pattern. | 457 |
(2) "Electronic bingo aid" does not include a player | 458 |
terminal, charitable video bingo device, or any device into which | 459 |
a coin, currency, token, or an equivalent is inserted to activate | 460 |
play. | 461 |
(PP) "Deal | 462 |
instant bingo tickets or a single game of charitable video bingo | 463 |
tickets all with the same serial number. | 464 |
(QQ)(1) "Slot machine" means either of the following: | 465 |
(a) Any mechanical, electronic, video, or digital device that | 466 |
is capable of accepting anything of value, directly or indirectly, | 467 |
from or on behalf of a player who gives the thing of value in the | 468 |
hope of gain; | 469 |
(b) Any mechanical, electronic, video, or digital device that | 470 |
is capable of accepting anything of value, directly or indirectly, | 471 |
from or on behalf of a player to conduct bingo or a scheme or game | 472 |
of chance. | 473 |
(2) "Slot machine" does not include a skill-based amusement | 474 |
machine | 475 |
terminal or charitable video bingo device used to conduct licensed | 476 |
charitable video bingo. | 477 |
(RR) "Net profit from the proceeds of the sale of instant | 478 |
bingo" means gross profit minus the ordinary, necessary, and | 479 |
reasonable expense expended for the purchase of instant bingo | 480 |
supplies, and, in the case of instant bingo conducted by a | 481 |
veteran's, fraternal, or sporting organization, minus the payment | 482 |
by that organization of real property taxes and assessments levied | 483 |
on a premises on which instant bingo is conducted. | 484 |
(SS) "Charitable instant bingo organization" means an | 485 |
organization that is exempt from federal income taxation under | 486 |
subsection 501(a) and described in subsection 501(c)(3) of the | 487 |
Internal Revenue Code and is a charitable organization as defined | 488 |
in this section. A "charitable instant bingo organization" does | 489 |
not include a charitable organization that is exempt from federal | 490 |
income taxation under subsection 501(a) and described in | 491 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 492 |
created by a veteran's organization, a fraternal organization, or | 493 |
a sporting organization in regards to bingo conducted or assisted | 494 |
by a veteran's organization, a fraternal organization, or a | 495 |
sporting organization pursuant to section 2915.13 of the Revised | 496 |
Code. | 497 |
(TT) "Game flare" means the board or placard that accompanies | 498 |
each deal of instant bingo tickets or each deal of charitable | 499 |
video bingo tickets and that has printed on or affixed to it the | 500 |
following information for the game, as applicable: | 501 |
(1) The name of the game; | 502 |
(2) The manufacturer's or charitable video bingo | 503 |
distributor's name or distinctive logo; | 504 |
(3) The instant bingo form number; | 505 |
(4) The instant bingo ticket count or charitable video bingo | 506 |
ticket count; | 507 |
(5) The prize structure, including the number of winning | 508 |
instant bingo tickets or charitable video bingo tickets by | 509 |
denomination and the respective winning symbol or number | 510 |
combinations for the winning instant bingo tickets or charitable | 511 |
video bingo tickets; | 512 |
(6) The cost per play; | 513 |
(7) The serial number of the game. | 514 |
(UU)(1) "Skill-based amusement machine" means a mechanical, | 515 |
video, digital, or electronic device that rewards the player or | 516 |
players, if at all, only with merchandise prizes or with | 517 |
redeemable vouchers redeemable only for merchandise prizes, | 518 |
provided that with respect to rewards for playing the game all of | 519 |
the following apply: | 520 |
(a) The wholesale value of a merchandise prize awarded as a | 521 |
result of the single play of a machine does not exceed ten | 522 |
dollars; | 523 |
(b) Redeemable vouchers awarded for any single play of a | 524 |
machine are not redeemable for a merchandise prize with a | 525 |
wholesale value of more than ten dollars; | 526 |
(c) Redeemable vouchers are not redeemable for a merchandise | 527 |
prize that has a wholesale value of more than ten dollars times | 528 |
the fewest number of single plays necessary to accrue the | 529 |
redeemable vouchers required to obtain that prize; and | 530 |
(d) Any redeemable vouchers or merchandise prizes are | 531 |
distributed at the site of the skill-based amusement machine at | 532 |
the time of play. | 533 |
A card for the purchase of gasoline is a redeemable voucher | 534 |
for purposes of division (UU)(1) of this section even if the | 535 |
skill-based amusement machine for the play of which the card is | 536 |
awarded is located at a place where gasoline may not be legally | 537 |
distributed to the public or the card is not redeemable at the | 538 |
location of, or at the time of playing, the skill-based amusement | 539 |
machine. | 540 |
(2) A device shall not be considered a skill-based amusement | 541 |
machine and shall be considered a slot machine if it pays cash or | 542 |
one or more of the following apply: | 543 |
(a) The ability of a player to succeed at the game is | 544 |
impacted by the number or ratio of prior wins to prior losses of | 545 |
players playing the game. | 546 |
(b) Any reward of redeemable vouchers is not based solely on | 547 |
the player achieving the object of the game or the player's score; | 548 |
(c) The outcome of the game, or the value of the redeemable | 549 |
voucher or merchandise prize awarded for winning the game, can be | 550 |
controlled by a source other than any player playing the game. | 551 |
(d) The success of any player is or may be determined by a | 552 |
chance event that cannot be altered by player actions. | 553 |
(e) The ability of any player to succeed at the game is | 554 |
determined by game features not visible or known to the player. | 555 |
(f) The ability of the player to succeed at the game is | 556 |
impacted by the exercise of a skill that no reasonable player | 557 |
could exercise. | 558 |
(3) All of the following apply to any machine that is | 559 |
operated as described in division (UU)(1) of this section: | 560 |
(a) As used in division (UU) of this section, "game" and | 561 |
"play" mean one event from the initial activation of the machine | 562 |
until the results of play are determined without payment of | 563 |
additional consideration. An individual utilizing a machine that | 564 |
involves a single game, play, contest, competition, or tournament | 565 |
may be awarded redeemable vouchers or merchandise prizes based on | 566 |
the results of play. | 567 |
(b) Advance play for a single game, play, contest, | 568 |
competition, or tournament participation may be purchased. The | 569 |
cost of the contest, competition, or tournament participation may | 570 |
be greater than a single noncontest, competition, or tournament | 571 |
play. | 572 |
(c) To the extent that the machine is used in a contest, | 573 |
competition, or tournament, that contest, competition, or | 574 |
tournament has a defined starting and ending date and is open to | 575 |
participants in competition for scoring and ranking results toward | 576 |
the awarding of redeemable vouchers or merchandise prizes that are | 577 |
stated prior to the start of the contest, competition, or | 578 |
tournament. | 579 |
(4) For purposes of division (UU)(1) of this section, the | 580 |
mere presence of a device, such as a pin-setting, ball-releasing, | 581 |
or scoring mechanism, that does not contribute to or affect the | 582 |
outcome of the play of the game does not make the device a | 583 |
skill-based amusement machine. | 584 |
(VV) "Merchandise prize" means any item of value, but shall | 585 |
not include any of the following: | 586 |
(1) Cash, gift cards, or any equivalent thereof; | 587 |
(2) Plays on games of chance, state lottery tickets, bingo, | 588 |
or instant bingo; | 589 |
(3) Firearms, tobacco, or alcoholic beverages; or | 590 |
(4) A redeemable voucher that is redeemable for any of the | 591 |
items listed in division (VV)(1), (2), or (3) of this section. | 592 |
(WW) "Redeemable voucher" means any ticket, token, coupon, | 593 |
receipt, or other noncash representation of value. | 594 |
(XX) "Pool not conducted for profit" means a scheme in which | 595 |
a participant gives a valuable consideration for a chance to win a | 596 |
prize and the total amount of consideration wagered is distributed | 597 |
to a participant or participants. | 598 |
(YY) "Sporting organization" means a hunting, fishing, or | 599 |
trapping organization, other than a college or high school | 600 |
fraternity or sorority, that is not organized for profit, that is | 601 |
affiliated with a state or national sporting organization, | 602 |
including but not limited to, the league of Ohio sportsmen, and | 603 |
that has been in continuous existence in this state for a period | 604 |
of three years. | 605 |
(ZZ) "Community action agency" has the same meaning as in | 606 |
section 122.66 of the Revised Code. | 607 |
(AAA)(1) "Sweepstakes terminal device" means a mechanical, | 608 |
video, digital, or electronic machine or device that is owned, | 609 |
leased, or otherwise possessed by any person conducting a | 610 |
sweepstakes, or by that person's partners, affiliates, | 611 |
subsidiaries, or contractors, that is intended to be used by a | 612 |
sweepstakes participant, and that is capable of displaying | 613 |
information on a screen or other mechanism. A device is a | 614 |
sweepstakes terminal device if any of the following apply: | 615 |
(a) The device uses a simulated game terminal as a | 616 |
representation of the prizes associated with the results of the | 617 |
sweepstakes entries. | 618 |
(b) The device utilizes software such that the simulated game | 619 |
influences or determines the winning of or value of the prize. | 620 |
(c) The device selects prizes from a predetermined finite | 621 |
pool of entries. | 622 |
(d) The device utilizes a mechanism that reveals the content | 623 |
of a predetermined sweepstakes entry. | 624 |
(e) The device predetermines the prize results and stores | 625 |
those results for delivery at the time the sweepstakes entry | 626 |
results are revealed. | 627 |
(f) The device utilizes software to create a game result. | 628 |
(g) The device reveals the prize incrementally, even though | 629 |
the device does not influence the awarding of the prize or the | 630 |
value of any prize awarded. | 631 |
(h) The device determines and associates the prize with an | 632 |
entry or entries at the time the sweepstakes is entered. | 633 |
(2) As used in this division and in section 2915.02 of the | 634 |
Revised Code: | 635 |
(a) "Enter" means the act by which a person becomes eligible | 636 |
to receive any prize offered in a sweepstakes. | 637 |
(b) "Entry" means one event from the initial activation of | 638 |
the sweepstakes terminal device until all the sweepstakes prize | 639 |
results from that activation are revealed. | 640 |
(c) "Prize" means any gift, award, gratuity, good, service, | 641 |
credit, reward, or any other thing of value that may be | 642 |
transferred to a person, whether possession of the prize is | 643 |
actually transferred, or placed on an account or other record as | 644 |
evidence of the intent to transfer the prize. | 645 |
(d) "Sweepstakes terminal device facility" means any location | 646 |
in this state where a sweepstakes terminal device is provided to a | 647 |
sweepstakes participant, except as provided in division (G) of | 648 |
section 2915.02 of the Revised Code. | 649 |
(BBB) "Sweepstakes" means any game, contest, advertising | 650 |
scheme or plan, or other promotion where consideration is not | 651 |
required for a person to enter to win or become eligible to | 652 |
receive any prize, the determination of which is based upon | 653 |
chance. "Sweepstakes" does not include bingo as authorized under | 654 |
this chapter, pari-mutuel wagering as authorized by Chapter 3769. | 655 |
of the Revised Code, lotteries conducted by the state lottery | 656 |
commission as authorized by Chapter 3770. of the Revised Code, and | 657 |
casino gaming as authorized by Chapter 3772. of the Revised Code. | 658 |
(CCC) "Charitable video bingo" means a form of bingo played | 659 |
in an electronic environment in which a participant wins if the | 660 |
participant's charitable video bingo ticket contains a number or a | 661 |
combination of numbers or symbols that was designated in advance | 662 |
of the game as a winning combination. "Charitable video bingo" | 663 |
shall have all of the following characteristics: | 664 |
(1) Games use charitable video bingo tickets played using | 665 |
either player terminals or charitable video bingo devices. | 666 |
(2) Each deal has a predetermined, finite number of winning | 667 |
and losing tickets and a predetermined prize amount and deal | 668 |
structure. There may be multiple winning combinations in each deal | 669 |
and multiple winning tickets. | 670 |
(3) Each player terminal or charitable video bingo device at | 671 |
a location utilizes the same deal until the deal is depleted. The | 672 |
use of multiple deals at the same location at the same time is | 673 |
prohibited. Each transaction or play at a location shall provide | 674 |
the participant with an equal chance of winning. | 675 |
(4) Games have the same price for each ticket in the deal and | 676 |
utilize a unique serial number for each deal that shall not be | 677 |
regenerated. | 678 |
(5) Games have no electro-mechanical spinning reels that | 679 |
mimic a slot machine. | 680 |
(6) Player terminals or charitable video bingo devices may | 681 |
incorporate an amusement game feature as part of the charitable | 682 |
video bingo game, but shall not require additional consideration | 683 |
or award any prize other than what was originally predetermined. | 684 |
(7) After the participant purchases a charitable video bingo | 685 |
ticket, the combination of numbers or symbols on that ticket is | 686 |
revealed to the participant. | 687 |
(8) Following play, the result shall be displayed and prizes | 688 |
awarded. Prizes may be dispensed in the form of cash, coin, cash | 689 |
voucher, merchandise prize, or cashless wagering system approved | 690 |
by the attorney general. | 691 |
(DDD) "Player terminal" means an electronic terminal housed | 692 |
in a cabinet with input devices and video screens or displays on | 693 |
which participants play charitable video bingo. | 694 |
(EEE) "Charitable video bingo device" means a handheld | 695 |
electronic device used to facilitate the play of a charitable | 696 |
video bingo ticket. | 697 |
(FFF) "Charitable video bingo supplies" means equipment and | 698 |
software used to conduct, manage, or record charitable video bingo | 699 |
or to report and transmit game results, payout, and profit, | 700 |
including, charitable video bingo games, deals, player terminals, | 701 |
charitable video bingo devices, meters, point of sale terminals, | 702 |
and recording, monitoring, and reporting software. | 703 |
(GGG) "Net profit from the proceeds of the sale of charitable | 704 |
video bingo" means gross profit minus the ordinary, necessary, and | 705 |
reasonable expense expended for the purchase or lease of | 706 |
charitable video bingo supplies. | 707 |
(HHH) "Charitable video bingo distributor" means any person | 708 |
who sells, offers for sale, or otherwise provides or offers to | 709 |
provide charitable video bingo supplies to another person for use | 710 |
in this state or who manufactures, modifies, converts, adds to, or | 711 |
removes parts from charitable video bingo supplies to further the | 712 |
promotion or sale of charitable video bingo supplies for use in | 713 |
this state. | 714 |
(III) "Report management system" means a centralized computer | 715 |
reporting and accounting system that receives data from each | 716 |
player terminal and each charitable video bingo device via a | 717 |
defined communication protocol by either a dedicated line, dial-up | 718 |
system, or other secure transmission method. | 719 |
Sec. 2915.08. (A)(1) Annually before the first day of | 720 |
January, a charitable organization that desires to conduct bingo, | 721 |
instant bingo at a bingo session, | 722 |
bingo session, or charitable video bingo shall make out, upon a | 723 |
form to be furnished by the attorney general for that purpose, an | 724 |
application for a license to conduct bingo, instant bingo at a | 725 |
bingo session, | 726 |
charitable video bingo and deliver that application to the | 727 |
attorney general together with a license fee as follows: | 728 |
(a) Except as otherwise provided in this division, for a | 729 |
license for the conduct of bingo, as described in division (O)(1) | 730 |
of section 2915.01 of the Revised Code, two hundred dollars; | 731 |
(b) For a license for the conduct of instant bingo at a bingo | 732 |
session | 733 |
charitable video bingo for a charitable organization that | 734 |
previously has not been licensed under this chapter to conduct | 735 |
instant bingo at a bingo session | 736 |
bingo session, or charitable video bingo, a license fee of five | 737 |
hundred dollars, and for any other charitable organization, a | 738 |
license fee that is based upon the gross profits received by the | 739 |
charitable organization from the operation of instant bingo at a | 740 |
bingo session | 741 |
charitable video bingo, during the one-year period ending on the | 742 |
thirty-first day of October of the year immediately preceding the | 743 |
year for which the license is sought, and that is one of the | 744 |
following: | 745 |
(i) Five hundred dollars, if the total is fifty thousand | 746 |
dollars or less; | 747 |
(ii) One thousand two hundred fifty dollars plus one-fourth | 748 |
per cent of the gross profit, if the total is more than fifty | 749 |
thousand dollars but less than two hundred fifty thousand one | 750 |
dollars; | 751 |
(iii) Two thousand two hundred fifty dollars plus one-half | 752 |
per cent of the gross profit, if the total is more than two | 753 |
hundred fifty thousand dollars but less than five hundred thousand | 754 |
one dollars; | 755 |
(iv) Three thousand five hundred dollars plus one per cent of | 756 |
the gross profit, if the total is more than five hundred thousand | 757 |
dollars but less than one million one dollars; | 758 |
(v) Five thousand dollars plus one per cent of the gross | 759 |
profit, if the total is one million one dollars or more | 760 |
(c) A reduced license fee established by the attorney general | 761 |
pursuant to division (G) of this section | 762 |
(d) For a license to conduct bingo for a charitable | 763 |
organization that prior to July 1, 2003, has not been licensed | 764 |
under this chapter to conduct bingo, instant bingo at a bingo | 765 |
session, or instant bingo other than at a bingo session, a license | 766 |
fee established by rule by the attorney general in accordance with | 767 |
division (H) of this section. | 768 |
(2) The application shall be in the form prescribed by the | 769 |
attorney general, shall be signed and sworn to by the applicant, | 770 |
and shall contain all of the following: | 771 |
(a) The name and post-office address of the applicant; | 772 |
(b) A statement that the applicant is a charitable | 773 |
organization and that it has been in continuous existence as a | 774 |
charitable organization in this state for two years immediately | 775 |
preceding the making of the application; | 776 |
(c) The location at which the organization will conduct | 777 |
bingo, which location shall be within the county in which the | 778 |
principal place of business of the applicant is located, the days | 779 |
of the week and the times on each of those days when bingo will be | 780 |
conducted, whether the organization owns, leases, or subleases the | 781 |
premises, and a copy of the rental agreement if it leases or | 782 |
subleases the premises; | 783 |
(d) A statement of the applicant's previous history, record, | 784 |
and association that is sufficient to establish that the applicant | 785 |
is a charitable organization, and a copy of a determination letter | 786 |
that is issued by the Internal Revenue Service and states that the | 787 |
organization is tax exempt under subsection 501(a) and described | 788 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 789 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 790 |
(e) A statement as to whether the applicant has ever had any | 791 |
previous application refused, whether it previously has had a | 792 |
license revoked or suspended, and the reason stated by the | 793 |
attorney general for the refusal, revocation, or suspension; | 794 |
(f) A statement of the charitable purposes for which the net | 795 |
profit derived from bingo, other than instant bingo, and | 796 |
charitable video bingo, will be used,
| 797 |
net profit
| 798 |
will be distributed in accordance with section 2915.101 of the | 799 |
Revised Code, and a statement of how net profit from the proceeds | 800 |
of charitable video bingo will be distributed in accordance with | 801 |
section 2915.096 of the Revised Code; | 802 |
(g) Other necessary and reasonable information that the | 803 |
attorney general may require by rule adopted pursuant to section | 804 |
111.15 of the Revised Code; | 805 |
(h) If the applicant is a charitable trust as defined in | 806 |
section 109.23 of the Revised Code, a statement as to whether it | 807 |
has registered with the attorney general pursuant to section | 808 |
109.26 of the Revised Code or filed annual reports pursuant to | 809 |
section 109.31 of the Revised Code, and, if it is not required to | 810 |
do either, the exemption in section 109.26 or 109.31 of the | 811 |
Revised Code that applies to it; | 812 |
(i) If the applicant is a charitable organization as defined | 813 |
in section 1716.01 of the Revised Code, a statement as to whether | 814 |
it has filed with the attorney general a registration statement | 815 |
pursuant to section 1716.02 of the Revised Code and a financial | 816 |
report pursuant to section 1716.04 of the Revised Code, and, if it | 817 |
is not required to do both, the exemption in section 1716.03 of | 818 |
the Revised Code that applies to it | 819 |
| 820 |
821 | |
822 | |
823 | |
824 | |
825 | |
826 | |
827 | |
828 | |
829 | |
830 | |
831 | |
832 | |
833 | |
834 | |
835 |
(3) The attorney general, within thirty days after receiving | 836 |
a timely filed application from a charitable organization that has | 837 |
been issued a license under this section that has not expired and | 838 |
has not been revoked or suspended, shall send a temporary permit | 839 |
to the applicant specifying the date on which the application was | 840 |
filed with the attorney general and stating that, pursuant to | 841 |
section 119.06 of the Revised Code, the applicant may continue to | 842 |
conduct bingo until a new license is granted or, if the | 843 |
application is rejected, until fifteen days after notice of the | 844 |
rejection is mailed to the applicant. The temporary permit does | 845 |
not affect the validity of the applicant's application and does | 846 |
not grant any rights to the applicant except those rights | 847 |
specifically granted in section 119.06 of the Revised Code. The | 848 |
issuance of a temporary permit by the attorney general pursuant to | 849 |
this division does not prohibit the attorney general from | 850 |
rejecting the applicant's application because of acts that the | 851 |
applicant committed, or actions that the applicant failed to take, | 852 |
before or after the issuance of the temporary permit. | 853 |
(4) Within thirty days after receiving an initial license | 854 |
application from a charitable organization to conduct bingo, | 855 |
instant bingo at a bingo session, | 856 |
bingo session, or charitable video bingo, the attorney general | 857 |
shall conduct a preliminary review of the application and notify | 858 |
the applicant regarding any deficiencies. Once an application is | 859 |
deemed complete, or beginning on the thirtieth day after the | 860 |
application is filed, if the attorney general failed to notify the | 861 |
applicant of any deficiencies, the attorney general shall have an | 862 |
additional sixty days to conduct an investigation and either grant | 863 |
or deny the application based on findings established and | 864 |
communicated in accordance with divisions (B) and (E) of this | 865 |
section. As an option to granting or denying an initial license | 866 |
application, the attorney general may grant a temporary license | 867 |
and request additional time to conduct the investigation if the | 868 |
attorney general has cause to believe that additional time is | 869 |
necessary to complete the investigation and has notified the | 870 |
applicant in writing about the specific concerns raised during the | 871 |
investigation. | 872 |
(B)(1) The attorney general shall adopt rules to enforce | 873 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 874 |
Code to ensure that bingo or instant bingo is conducted in | 875 |
accordance with those sections and to maintain proper control over | 876 |
the conduct of bingo | 877 |
adopted pursuant to divisions (A)(2)(g) and (G) of this section, | 878 |
shall be adopted pursuant to Chapter 119. of the Revised Code. The | 879 |
attorney general shall license charitable organizations to conduct | 880 |
bingo, instant bingo at a bingo session, | 881 |
than at a bingo session, or charitable video bingo in conformance | 882 |
with this chapter and with the licensing provisions of Chapter | 883 |
119. of the Revised Code. | 884 |
(2) The attorney general may refuse to grant a license to any | 885 |
organization, or revoke or suspend the license of any | 886 |
organization, that does any of the following or to which any of | 887 |
the following applies: | 888 |
(a) Fails or has failed at any time to meet any requirement | 889 |
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 890 |
891 | |
any provision of sections 2915.02 or 2915.07 to 2915.13 of the | 892 |
Revised Code or any rule adopted by the attorney general pursuant | 893 |
to this
| 894 |
(b) Makes or has made an incorrect or false statement that is | 895 |
material to the granting of the license in an application filed | 896 |
pursuant to division (A) of this section; | 897 |
(c) Submits or has submitted any incorrect or false | 898 |
information relating to an application if the information is | 899 |
material to the granting of the license; | 900 |
(d) Maintains or has maintained any incorrect or false | 901 |
information that is material to the granting of the license in the | 902 |
records required to be kept pursuant to | 903 |
section 2915.10 of the Revised Code, if applicable; | 904 |
(e) The attorney general has good cause to believe that the | 905 |
organization will not conduct bingo, instant bingo at a bingo | 906 |
session, | 907 |
charitable video bingo in accordance with sections 2915.07 to | 908 |
2915.13 of the Revised Code or with any rule adopted by the | 909 |
attorney general pursuant to this
| 910 |
(3) For the purposes of division (B) of this section, any | 911 |
action of an officer, trustee, agent, representative, or bingo | 912 |
game operator of an organization is an action of the organization. | 913 |
(C) The attorney general may grant licenses to charitable | 914 |
organizations that are branches, lodges, or chapters of national | 915 |
charitable organizations. | 916 |
(D) The attorney general shall send notice in writing to the | 917 |
prosecuting attorney and sheriff of the county in which the | 918 |
organization will conduct bingo, instant bingo at a bingo session, | 919 |
920 | |
video bingo, as stated in its application for a license or amended | 921 |
license, and to any other law enforcement agency in that county | 922 |
that so requests, of all of the following: | 923 |
(1) The issuance of the license; | 924 |
(2) The issuance of the amended license; | 925 |
(3) The rejection of an application for and refusal to grant | 926 |
a license; | 927 |
(4) The revocation of any license previously issued; | 928 |
(5) The suspension of any license previously issued. | 929 |
(E) A license issued by the attorney general shall set forth | 930 |
the information contained on the application of the charitable | 931 |
organization that the attorney general determines is relevant, | 932 |
including, but not limited to, the location at which the | 933 |
organization will conduct bingo, instant bingo at a bingo session, | 934 |
935 | |
video bingo and the days of the week and the times on each of | 936 |
those days when bingo will be conducted. If the attorney general | 937 |
refuses to grant or revokes or suspends a license, the attorney | 938 |
general shall notify the applicant in writing and specifically | 939 |
identify the reason for the refusal, revocation, or suspension in | 940 |
narrative form and, if applicable, by identifying the section of | 941 |
the Revised Code violated. The failure of the attorney general to | 942 |
give the written notice of the reasons for the refusal, | 943 |
revocation, or suspension or a mistake in the written notice does | 944 |
not affect the validity of the attorney general's refusal to | 945 |
grant, or the revocation or suspension of, a license. If the | 946 |
attorney general fails to give the written notice or if there is a | 947 |
mistake in the written notice, the applicant may bring an action | 948 |
to compel the attorney general to comply with this division or to | 949 |
correct the mistake, but the attorney general's order refusing to | 950 |
grant, or revoking or suspending, a license shall not be enjoined | 951 |
during the pendency of the action. | 952 |
(F) A charitable organization that has been issued a license | 953 |
pursuant to division (B) of this section but that cannot conduct | 954 |
bingo | 955 |
location, or on the day of the week or at the time, specified on | 956 |
the license due to circumstances that make it impractical to do so | 957 |
may apply in writing, together with an application fee of two | 958 |
hundred fifty dollars, to the attorney general, at least thirty | 959 |
days prior to a change in location, day of the week, or time, and | 960 |
request an amended license. The application shall describe the | 961 |
causes making it impractical for the organization to conduct bingo | 962 |
963 | |
its license and shall indicate the location, days of the week, and | 964 |
times on each of those days when it desires to conduct bingo | 965 |
instant bingo, or charitable video bingo. Except as otherwise | 966 |
provided in this division, the attorney general shall issue the | 967 |
amended license in accordance with division (E) of this section, | 968 |
and the organization shall surrender its original license to the | 969 |
attorney general. The attorney general may refuse to grant an | 970 |
amended license according to the terms of division (B) of this | 971 |
section. | 972 |
(G) The attorney general, by rule adopted pursuant to section | 973 |
111.15 of the Revised Code, shall establish a schedule of reduced | 974 |
license fees for charitable organizations that desire to conduct | 975 |
bingo or instant bingo during fewer than twenty-six weeks in any | 976 |
calendar year. | 977 |
(H) The attorney general, by rule adopted pursuant to section | 978 |
111.15 of the Revised Code, shall establish license fees for the | 979 |
conduct of bingo, instant bingo at a bingo session, | 980 |
bingo other than at a bingo session, or charitable video bingo for | 981 |
charitable organizations that prior to July 1, 2003, have not been | 982 |
licensed to conduct bingo, instant bingo at a bingo session, | 983 |
instant bingo other than at a bingo session, or charitable video | 984 |
bingo under this chapter. | 985 |
(I) The attorney general may enter into a written contract | 986 |
with any other state agency to delegate to that state agency the | 987 |
powers prescribed to the attorney general under Chapter 2915. of | 988 |
the Revised Code. | 989 |
(J) The attorney general, by rule adopted pursuant to section | 990 |
111.15 of the Revised Code, may adopt rules to determine the | 991 |
requirements for a charitable organization that is exempt from | 992 |
federal income taxation under subsection 501(a) and described in | 993 |
subsection 501(c)(3) of the Internal Revenue Code to be in good | 994 |
standing in the state. | 995 |
Sec. 2915.081. (A) No distributor shall sell, offer to sell, | 996 |
or otherwise provide or offer to provide bingo supplies to another | 997 |
person, or modify, convert, add to, or remove parts from bingo | 998 |
supplies to further their promotion or sale, for use in this state | 999 |
without having obtained a license from the attorney general under | 1000 |
this section. | 1001 |
(B) The attorney general may issue a distributor license to | 1002 |
any person that meets the requirements of this section. The | 1003 |
application for the license shall be on a form prescribed by the | 1004 |
attorney general and be accompanied by the annual fee prescribed | 1005 |
by this section. The license is valid for a period of one year, | 1006 |
and the annual fee for the license is five thousand dollars. | 1007 |
(C) The attorney general may refuse to issue a distributor | 1008 |
license to any person to which any of the following applies, or to | 1009 |
any person that has an officer, partner, or other person who has | 1010 |
an ownership interest of ten per cent or more and to whom any of | 1011 |
the following applies: | 1012 |
(1) The person, officer, or partner has been convicted of a | 1013 |
felony under the laws of this state, another state, or the United | 1014 |
States. | 1015 |
(2) The person, officer, or partner has been convicted of any | 1016 |
gambling offense. | 1017 |
(3) The person, officer, or partner has made an incorrect or | 1018 |
false statement that is material to the granting of a license in | 1019 |
an application submitted to the attorney general under this | 1020 |
section or in a similar application submitted to a gambling | 1021 |
licensing authority in another jurisdiction if the statement | 1022 |
resulted in license revocation through administrative action in | 1023 |
the other jurisdiction. | 1024 |
(4) The person, officer, or partner has submitted any | 1025 |
incorrect or false information relating to the application to the | 1026 |
attorney general under this section, if the information is | 1027 |
material to the granting of the license. | 1028 |
(5) The person, officer, or partner has failed to correct any | 1029 |
incorrect or false information that is material to the granting of | 1030 |
the license in the records required to be maintained under | 1031 |
division (E) of section 2915.10 of the Revised Code. | 1032 |
(6) The person, officer, or partner has had a license related | 1033 |
to gambling revoked or suspended under the laws of this state, | 1034 |
another state, or the United States. | 1035 |
(7) The person, officer, or partner has violated any | 1036 |
provision of this chapter or any rule adopted by the attorney | 1037 |
general under this chapter. | 1038 |
(D) The attorney general shall not issue a distributor | 1039 |
license to any person that is involved in the conduct of bingo on | 1040 |
behalf of a charitable organization or that is a lessor of | 1041 |
premises used for the conduct of bingo. This division does not | 1042 |
prohibit a distributor from advising charitable organizations on | 1043 |
the use and benefit of specific bingo supplies or prohibit a | 1044 |
distributor from advising a customer on operational methods to | 1045 |
improve bingo profitability. | 1046 |
(E)(1) No distributor shall sell, offer to sell, or otherwise | 1047 |
provide or offer to provide bingo supplies to any person, or | 1048 |
modify, convert, add to, or remove parts from bingo supplies to | 1049 |
further their promotion or sale, for use in this state except to | 1050 |
or for the use of a charitable organization that has been issued a | 1051 |
license under section 2915.08 of the Revised Code or to another | 1052 |
distributor that has been issued a license under this section. No | 1053 |
distributor shall accept payment for the sale or other provision | 1054 |
of bingo supplies other than by check or electronic fund transfer. | 1055 |
(2) No distributor may donate, give, loan, lease, or | 1056 |
otherwise provide any bingo supplies or equipment, or modify, | 1057 |
convert, add to, or remove parts from bingo supplies to further | 1058 |
their promotion or sale, to or for the use of a charitable | 1059 |
organization for use in a bingo session conditioned on or in | 1060 |
consideration for an exclusive right to provide bingo supplies to | 1061 |
the charitable organization. A distributor may provide a licensed | 1062 |
charitable organization with free samples of the distributor's | 1063 |
products to be used as prizes or to be used for the purpose of | 1064 |
sampling. | 1065 |
(3) No distributor shall purchase bingo supplies for use in | 1066 |
this state from any person except from a manufacturer issued a | 1067 |
license under section 2915.082 of the Revised Code or from another | 1068 |
distributor issued a license under this section. Subject to | 1069 |
division (D) of section 2915.082 of the Revised Code, no | 1070 |
distributor shall pay for purchased bingo supplies other than by | 1071 |
check or electronic fund transfer. | 1072 |
(4) No distributor shall participate in the conduct of bingo | 1073 |
on behalf of a charitable organization or have any direct or | 1074 |
indirect ownership interest in a premises used for the conduct of | 1075 |
bingo. | 1076 |
(5) No distributor shall knowingly solicit, offer, pay, or | 1077 |
receive any kickback, bribe, or undocumented rebate, directly or | 1078 |
indirectly, overtly or covertly, in cash or in kind, in return for | 1079 |
providing bingo supplies to any person in this state. | 1080 |
(F) The attorney general may suspend or revoke a distributor | 1081 |
license for any of the reasons for which the attorney general may | 1082 |
refuse to issue a distributor license specified in division (C) of | 1083 |
this section or if the distributor holding the license violates | 1084 |
any provision of this chapter or any rule adopted by the attorney | 1085 |
general under this chapter. | 1086 |
(G) Whoever violates division (A) or (E) of this section is | 1087 |
guilty of illegally operating as a distributor. Except as | 1088 |
otherwise provided in this division, illegally operating as a | 1089 |
distributor is a misdemeanor of the first degree. If the offender | 1090 |
previously has been convicted of a violation of division (A) or | 1091 |
(E) of this section, illegally operating as a distributor is a | 1092 |
felony of the fifth degree. | 1093 |
Sec. 2915.082. (A) No manufacturer shall sell, offer to | 1094 |
sell, or otherwise provide or offer to provide bingo supplies for | 1095 |
use in this state without having obtained a license from the | 1096 |
attorney general under this section. | 1097 |
(B) The attorney general may issue a manufacturer license to | 1098 |
any person that meets the requirements of this section. The | 1099 |
application for the license shall be on a form prescribed by the | 1100 |
attorney general and be accompanied by the annual fee prescribed | 1101 |
by this section. The license is valid for a period of one year, | 1102 |
and the annual fee for the license is five thousand dollars. | 1103 |
(C) The attorney general may refuse to issue a manufacturer | 1104 |
license to any person to which any of the following applies, or to | 1105 |
any person that has an officer, partner, or other person who has | 1106 |
an ownership interest of ten per cent or more and to whom any of | 1107 |
the following applies: | 1108 |
(1) The person, officer, or partner has been convicted of a | 1109 |
felony under the laws of this state, another state, or the United | 1110 |
States. | 1111 |
(2) The person, officer, or partner has been convicted of any | 1112 |
gambling offense. | 1113 |
(3) The person, officer, or partner has made an incorrect or | 1114 |
false statement that is material to the granting of a license in | 1115 |
an application submitted to the attorney general under this | 1116 |
section or in a similar application submitted to a gambling | 1117 |
licensing authority in another jurisdiction if the statement | 1118 |
resulted in license revocation through administrative action in | 1119 |
the other jurisdiction. | 1120 |
(4) The person, officer, or partner has submitted any | 1121 |
incorrect or false information relating to the application to the | 1122 |
attorney general under this section, if the information is | 1123 |
material to the granting of the license. | 1124 |
(5) The person, officer, or partner has failed to correct any | 1125 |
incorrect or false information that is material to the granting of | 1126 |
the license in the records required to be maintained under | 1127 |
division (F) of section 2915.10 of the Revised Code. | 1128 |
(6) The person, officer, or partner has had a license related | 1129 |
to gambling revoked or suspended under the laws of this state, | 1130 |
another state, or the United States. | 1131 |
(7) The person, officer, or partner has violated any | 1132 |
provision of this chapter or any rule adopted by the attorney | 1133 |
general under this chapter. | 1134 |
(D)(1) No manufacturer shall sell, offer to sell, or | 1135 |
otherwise provide or offer to provide bingo supplies to any person | 1136 |
for use in this state except to a distributor that has been issued | 1137 |
a license under section 2915.081 of the Revised Code. No | 1138 |
manufacturer shall accept payment for the sale of bingo supplies | 1139 |
other than by check or electronic fund transfer. | 1140 |
(2) No manufacturer shall knowingly solicit, offer, pay, or | 1141 |
receive any kickback, bribe, or undocumented rebate, directly or | 1142 |
indirectly, overtly or covertly, in cash or in kind, in return for | 1143 |
providing bingo supplies to any person in this state. | 1144 |
(E)(1) The attorney general may suspend or revoke a | 1145 |
manufacturer license for any of the reasons for which the attorney | 1146 |
general may refuse to issue a manufacturer license specified in | 1147 |
division (C) of this section or if the manufacturer holding the | 1148 |
license violates any provision of this chapter or any rule adopted | 1149 |
by the attorney general under this chapter. | 1150 |
(2) The attorney general may perform an onsite inspection of | 1151 |
a manufacturer of bingo supplies that is selling, offering to | 1152 |
sell, or otherwise providing or offering to provide bingo supplies | 1153 |
or that is applying for a license to sell, offer to sell, or | 1154 |
otherwise provide or offer to provide bingo supplies in this | 1155 |
state. | 1156 |
(F) Whoever violates division (A) or (D) of this section is | 1157 |
guilty of illegally operating as a manufacturer. Except as | 1158 |
otherwise provided in this division, illegally operating as a | 1159 |
manufacturer is a misdemeanor of the first degree. If the offender | 1160 |
previously has been convicted of a violation of division (A) or | 1161 |
(D) of this section, illegally operating as a manufacturer is a | 1162 |
felony of the fifth degree. | 1163 |
Sec. 2915.083. (A) No charitable video bingo distributor | 1164 |
shall sell, offer to sell, or otherwise provide or offer to | 1165 |
provide charitable video bingo supplies to another person, or | 1166 |
manufacture, modify, convert, add to, or remove parts from | 1167 |
charitable video bingo supplies to further the promotion or sale | 1168 |
of the charitable video bingo supplies for use in this state | 1169 |
without having obtained a license from the attorney general under | 1170 |
this section. | 1171 |
(B) Annually, an applicant for a charitable video bingo | 1172 |
distributor license shall make out, on a form furnished by the | 1173 |
attorney general, an application for a charitable video bingo | 1174 |
distributor license and deliver that application to the attorney | 1175 |
general, together with a license fee set by rule adopted by the | 1176 |
attorney general under section 111.15 of the Revised Code. The | 1177 |
license is valid for one year. Additionally, the attorney general | 1178 |
may assess an applicant a reasonable fee in the amount necessary | 1179 |
to process a charitable video bingo distributor application and | 1180 |
perform an initial or renewal investigation. | 1181 |
(C) The attorney general may refuse to issue a charitable | 1182 |
video bingo distributor license to any person to which any of the | 1183 |
following applies, or to any person that has an officer, partner, | 1184 |
or other person who has an ownership interest of ten per cent or | 1185 |
more and to whom any of the following applies: | 1186 |
(1) The person, officer, or partner has been convicted of a | 1187 |
felony under the laws of this state, another state, or the United | 1188 |
States. | 1189 |
(2) The person, officer, or partner has been convicted of any | 1190 |
gambling offense. | 1191 |
(3) The person, officer, or partner has made an incorrect or | 1192 |
false statement that is material to the granting of a license in | 1193 |
an application submitted to the attorney general under this | 1194 |
section. | 1195 |
(4) The person, officer, or partner has failed to correct any | 1196 |
incorrect or false information that is material to the granting of | 1197 |
the license in the records required to be maintained under | 1198 |
division (E) of section 2915.10 of the Revised Code. | 1199 |
(5) The person, officer, or partner has had a license related | 1200 |
to gambling revoked or suspended or an application related to | 1201 |
gambling rejected under the laws of this state, another state, or | 1202 |
the United States. | 1203 |
(6) The person, officer, or partner is involved in the | 1204 |
conduct of bingo on behalf of a charitable organization or is a | 1205 |
lessor of a premises used for the conduct of bingo or has a direct | 1206 |
or indirect ownership interest in a premises used for the conduct | 1207 |
of bingo. This division does not prohibit a distributor from | 1208 |
advising charitable organizations on the use and benefit of | 1209 |
specific charitable video bingo supplies or prohibit a distributor | 1210 |
from advising a customer on operational methods to improve bingo | 1211 |
profitability. | 1212 |
(7) The person, officer, or partner's licensure or inclusion | 1213 |
would undermine the integrity of charitable gaming in | 1214 |
contravention of suitability standards as set forth by rule | 1215 |
adopted by the attorney general under this chapter. | 1216 |
(8) The person, officer, or partner has violated any | 1217 |
provision of this chapter or any rule adopted by the attorney | 1218 |
general under this chapter. | 1219 |
(D) No charitable video bingo distributor shall sell, offer | 1220 |
to sell, or otherwise provide or offer to provide charitable video | 1221 |
bingo supplies to any person, or manufacture, modify, convert, add | 1222 |
to, or remove parts from charitable video bingo supplies to | 1223 |
further the promotion or sale of the charitable video bingo | 1224 |
supplies for use in this state, except to or for the use of a | 1225 |
charitable organization that is a veterans', fraternal, or | 1226 |
sporting organization licensed by the attorney general to conduct | 1227 |
charitable video bingo or to another charitable video bingo | 1228 |
distributor that has been issued a license under this section. No | 1229 |
charitable video bingo distributor shall accept payment for the | 1230 |
sale or other provision of charitable video bingo supplies other | 1231 |
than by check or electronic funds transfer. | 1232 |
(E) No charitable video bingo distributor shall knowingly | 1233 |
solicit, offer, pay, or receive any kickback, bribe, or | 1234 |
undocumented rebate, directly or indirectly, overtly or covertly, | 1235 |
in cash or in kind, in return for providing charitable video bingo | 1236 |
supplies to any person in this state. | 1237 |
(F) No charitable video bingo distributor shall donate, give, | 1238 |
loan, lease, or otherwise provide any charitable video bingo | 1239 |
supplies, or manufacture, modify, convert, add to, or remove parts | 1240 |
from charitable video bingo supplies to further the promotion or | 1241 |
sale of the charitable video bingo supplies to or for the use of a | 1242 |
charitable organization conditioned on or in consideration for an | 1243 |
exclusive right to provide charitable video bingo supplies to the | 1244 |
charitable organization. | 1245 |
(G) A charitable instant bingo distributor shall have an | 1246 |
office in this state and all charitable video bingo devices shall | 1247 |
be distributed from locations in this state. | 1248 |
(H) No charitable video bingo distributor shall sell, offer | 1249 |
to sell, lease, or otherwise provide charitable video bingo | 1250 |
supplies to any person in this state unless the charitable video | 1251 |
bingo supplies have been approved by the attorney general and | 1252 |
unless an independent testing laboratory, certified by the Ohio | 1253 |
casino control commission under section 3772.31 of the Revised | 1254 |
Code, has issued a report stating that the charitable video bingo | 1255 |
supplies have been tested and analyzed and meet the standards | 1256 |
required by this chapter and by any rules adopted under this | 1257 |
chapter. The charitable video bingo distributor shall pay all | 1258 |
costs to test, analyze, and examine charitable video bingo | 1259 |
supplies by the certified testing laboratory. The attorney general | 1260 |
may assess an annual fee for each player terminal and charitable | 1261 |
video bingo device operated in this state as is necessary to | 1262 |
review and approve charitable video bingo supplies and to inspect | 1263 |
and monitor charitable video bingo. The fee shall be set by rule | 1264 |
adopted by the attorney general under section 111.15 of the | 1265 |
Revised Code. The charitable video bingo distributor shall be | 1266 |
responsible for the cost of such fees. | 1267 |
(I) All player terminals and charitable video bingo devices, | 1268 |
regardless of manufacturer, shall interface with the centralized | 1269 |
report management system. The report management system shall be | 1270 |
controlled by the attorney general, but the attorney general may | 1271 |
contract with a state agency or private entity for the creation, | 1272 |
operation, and management of the report management system. The | 1273 |
report management system shall track all information required by | 1274 |
this chapter and by rule adopted by the attorney general under | 1275 |
Chapter 119. of the Revised Code. The report management system | 1276 |
shall have the capability to monitor all charitable video bingo | 1277 |
supplies used in this state in real time and shall have the | 1278 |
capability to remotely deactivate charitable video bingo supplies. | 1279 |
The report management system shall log, search, and report system | 1280 |
events, collect individual player terminal or charitable video | 1281 |
bingo device financial data, reconcile data, and secure the | 1282 |
system. The report management system shall have the capability to | 1283 |
continue to collect data if or whenever an internet connection is | 1284 |
unavailable. The report management system shall utilize a location | 1285 |
server that collects all transactional data from all terminals at | 1286 |
each location and transmits the transaction data to a central | 1287 |
server or repository on an hourly basis. The report management | 1288 |
system shall be located within this state. Licensed charitable | 1289 |
video bingo distributors shall be responsible for all costs | 1290 |
associated with the creation, operation, and maintenance of the | 1291 |
report management system. | 1292 |
(J) The attorney general shall adopt rules under Chapter 119. | 1293 |
of the Revised Code setting forth standards and an approval | 1294 |
process for charitable video bingo supplies and record keeping and | 1295 |
reporting requirements of charitable video bingo distributors, as | 1296 |
well as any other rules necessary to enforce this section or to | 1297 |
ensure that charitable video bingo is conducted in accordance with | 1298 |
this chapter. | 1299 |
(K) The attorney general may reject, suspend, or revoke a | 1300 |
charitable video bingo distributor license for any of the reasons | 1301 |
for which the attorney general may refuse to issue a license | 1302 |
specified in this section or if the charitable video bingo | 1303 |
distributor holding the license violates any provision of this | 1304 |
chapter or any rule adopted by the attorney general under this | 1305 |
chapter. | 1306 |
(L) Whoever violates division (A) or (E) of this section is | 1307 |
guilty of illegally operating as a charitable video bingo | 1308 |
distributor. Except as otherwise provided in this division, | 1309 |
illegally operating as a charitable video bingo distributor is a | 1310 |
felony of the fifth degree. If the offender previously has been | 1311 |
convicted of a violation of division (A) or (E) of this section, | 1312 |
illegally operating as a charitable video bingo distributor is a | 1313 |
felony of the fourth degree. | 1314 |
Whoever violates divisions (D), (F), (G), (H), or (I) of this | 1315 |
section is guilty of illegal charitable electronic distribution. | 1316 |
Except as otherwise provided in this division, illegal charitable | 1317 |
electronic distribution is a misdemeanor of the first degree. If | 1318 |
the offender previously has been convicted of a violation of | 1319 |
division (D), (F), (G), (H), or (I) of this section, illegal | 1320 |
charitable electronic distribution is a felony of the fifth | 1321 |
degree. | 1322 |
Sec. 2915.092. (A)(1) Subject to division (A)(2) of this | 1323 |
section, a charitable organization, a public school, a chartered | 1324 |
nonpublic school, a community school, or a veteran's organization, | 1325 |
fraternal organization, or sporting organization that is exempt | 1326 |
from federal income taxation under subsection 501(a) and is | 1327 |
described in subsection 501(c)(3), 501(c)(4), 501(c)(7), | 1328 |
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code | 1329 |
may conduct a raffle to raise money for the organization or school | 1330 |
and does not need a license to conduct bingo in order to conduct a | 1331 |
raffle drawing that is not for profit. | 1332 |
(2) If a charitable organization that is described in | 1333 |
division (A)(1) of this section, but that is not also described in | 1334 |
subsection 501(c)(3) of the Internal Revenue Code, conducts a | 1335 |
raffle, the charitable organization shall distribute at least | 1336 |
fifty per cent of the net profit from the raffle to a charitable | 1337 |
purpose described in division (V) of section 2915.01 of the | 1338 |
Revised Code or to a department or agency of the federal | 1339 |
government, the state, or any political subdivision. | 1340 |
(B) Except as provided in division (A) or (B) of this | 1341 |
section, no person shall conduct a raffle drawing that is for | 1342 |
profit or a raffle drawing that is not for profit. | 1343 |
(C) Whoever violates division (B) of this section is guilty | 1344 |
of illegal conduct of a raffle. Except as otherwise provided in | 1345 |
this division, illegal conduct of a raffle is a misdemeanor of the | 1346 |
first degree. If the offender previously has been convicted of a | 1347 |
violation of division (B) of this section, illegal conduct of a | 1348 |
raffle is a felony of the fifth degree. | 1349 |
Sec. 2915.095. (A) The attorney general, by rule adopted | 1350 |
pursuant to section 111.15 of the Revised Code, shall establish a | 1351 |
standard contract to be used by a charitable instant bingo | 1352 |
organization, a veteran's organization, | 1353 |
organization, or a sporting organization for the conduct of | 1354 |
instant bingo other than at a bingo session. The terms of the | 1355 |
contract shall be limited to the provisions in Chapter 2915. of | 1356 |
the Revised Code. | 1357 |
(B) The attorney general, by rule adopted under section | 1358 |
111.15 of the Revised Code, shall establish a standard contract to | 1359 |
be used by a veteran's organization, a fraternal organization, or | 1360 |
a sporting organization for the conduct of charitable video bingo. | 1361 |
Sec. 2915.096. (A) No charitable organization that conducts | 1362 |
charitable video bingo shall do any of the following: | 1363 |
(1) Conduct charitable video bingo unless the organization is | 1364 |
a charitable organization that has received from the internal | 1365 |
revenue service a determination letter that is currently in effect | 1366 |
stating that the organization is exempt from federal income | 1367 |
taxation under subsection 501(a) and is described in subsection | 1368 |
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's | 1369 |
organization described in subsection 501(c)(4) of the Internal | 1370 |
Revenue Code. | 1371 |
(2) Conduct charitable video bingo on any day, at any time, | 1372 |
or at any premises not specified on the organization's license | 1373 |
issued under section 2915.08 of the Revised Code. | 1374 |
(3) Permit any person whom the organization knows or should | 1375 |
have known has been convicted of a felony or a gambling offense in | 1376 |
any jurisdiction to be a bingo game operator in the conduct of | 1377 |
charitable video bingo. | 1378 |
(4) Purchase or lease charitable video bingo supplies from | 1379 |
any person except a charitable video bingo distributor licensed | 1380 |
under section 2915.083 of the Revised Code as reflected on an | 1381 |
invoice issued by the charitable video bingo distributor | 1382 |
containing all of the information required by rule adopted by the | 1383 |
attorney general under this chapter. | 1384 |
(5) Permit participants to play charitable video bingo | 1385 |
without paying the full price predetermined for each ticket in a | 1386 |
charitable video bingo deal as reported to the attorney general by | 1387 |
the charitable video bingo distributor. | 1388 |
(6) Permit an individual under twenty-one years of age to | 1389 |
play charitable video bingo. | 1390 |
(7) Pay consulting fees to any person in relation to | 1391 |
charitable video bingo. | 1392 |
(8) Pay compensation to a bingo game operator for conducting | 1393 |
charitable video bingo. Nothing in this division prohibits an | 1394 |
employee of a fraternal organization, veteran's organization, or | 1395 |
sporting organization from selling charitable video bingo tickets | 1396 |
to the organization's members or invited guests, as long as no | 1397 |
portion of the employee's compensation is paid from any receipts | 1398 |
of bingo. | 1399 |
(9) Pay any fees to any person for any services performed in | 1400 |
relation to a charitable video bingo game. | 1401 |
(10) Permit a bingo game operator to play charitable video | 1402 |
bingo. | 1403 |
(11) Fail to display the charitable organization's bingo | 1404 |
license and all game flares for active charitable video bingo | 1405 |
deals being played at the location. | 1406 |
(12) Fail, once a charitable video bingo deal is started, to | 1407 |
continue to sell charitable video bingo tickets in that deal until | 1408 |
all prizes are awarded. | 1409 |
(13) Possess or use charitable video bingo supplies that have | 1410 |
not been approved by the attorney general. | 1411 |
(14) Possess a charitable video bingo game with more than one | 1412 |
million tickets. | 1413 |
(15) Possess charitable video bingo supplies that were not | 1414 |
obtained in accordance with this chapter or in accordance with any | 1415 |
rule adopted under this chapter. | 1416 |
(B) A veteran's, fraternal, or sporting organization with a | 1417 |
membership of fewer than one hundred members may obtain up to two | 1418 |
player terminals to conduct charitable video bingo. A veteran's, | 1419 |
fraternal, or sporting organization with a membership of at least | 1420 |
one hundred members may obtain up to four player terminals to | 1421 |
conduct charitable video bingo. Each organization may obtain one | 1422 |
additional player terminal for each additional one hundred | 1423 |
members. No veteran's, fraternal, or sporting organization shall | 1424 |
have more than twenty player terminals. | 1425 |
(C) A charitable organization that conducts charitable video | 1426 |
bingo shall distribute the net profit from the proceeds of the | 1427 |
sale of charitable video bingo as follows: | 1428 |
(1) At least fifty per cent shall be distributed to an | 1429 |
organization described in division (V)(1) of section 2915.01 of | 1430 |
the Revised Code or to a department or agency of the federal | 1431 |
government, the state, or any political subdivision. | 1432 |
(2) Not more than fifty per cent may be deducted and retained | 1433 |
by the organization for reimbursement of or for the organization's | 1434 |
expenses, as defined in division (GG) of section 2915.01 of the | 1435 |
Revised Code, in conducting charitable video bingo. | 1436 |
(D) The attorney general shall adopt rules under Chapter 119. | 1437 |
of the Revised Code to ensure the integrity of charitable video | 1438 |
bingo gaming, including specifying the permissible characteristics | 1439 |
of player terminals, charitable video bingo devices, and | 1440 |
charitable video bingo games and establishing an approval process | 1441 |
for a cashless wagering system. | 1442 |
(E) Whoever violates this section is guilty of illegally | 1443 |
operating charitable video bingo. Except as otherwise provided in | 1444 |
this division, illegally operating charitable video bingo is a | 1445 |
misdemeanor of the first degree. If the offender previously has | 1446 |
been convicted of a violation of this section, illegally operating | 1447 |
charitable video bingo is a felony of the fifth degree. | 1448 |
Sec. 2915.10. (A) No charitable organization that conducts | 1449 |
bingo or a game of chance pursuant to division (D) of section | 1450 |
2915.02 of the Revised Code shall fail to maintain the following | 1451 |
records for at least three years from the date on which the bingo | 1452 |
or game of chance is conducted: | 1453 |
(1) An itemized list of the gross receipts of each bingo | 1454 |
session, each game of instant bingo by serial number, each | 1455 |
charitable video bingo game by serial number, each raffle, each | 1456 |
punch board game, and each game of chance, and an itemized list of | 1457 |
the gross profits of each game of instant bingo by serial number | 1458 |
and of each charitable video bingo game by serial number; | 1459 |
(2) An itemized list of all expenses, other than prizes, that | 1460 |
are incurred in conducting bingo | 1461 |
video bingo, the name of each person to whom the expenses are | 1462 |
paid, and a receipt for all of the expenses; | 1463 |
(3) A list of all prizes awarded during each bingo session, | 1464 |
each raffle, each punch board game, and each game of chance | 1465 |
conducted by the charitable organization, the total prizes awarded | 1466 |
from each game of instant bingo by serial number, and from each | 1467 |
charitable video bingo game by serial number, and the name, | 1468 |
address, and social security number of all persons who are winners | 1469 |
of prizes of six hundred dollars or more in value; | 1470 |
(4) An itemized list of the recipients of the net profit of | 1471 |
the bingo or game of chance, including the name and address of | 1472 |
each recipient to whom the money is distributed, and if the | 1473 |
organization uses the net profit of bingo, or the money or assets | 1474 |
received from a game of chance, for any charitable or other | 1475 |
purpose set forth in division (V) of section 2915.01, division (D) | 1476 |
of section 2915.02, or section 2915.101 of the Revised Code, a | 1477 |
list of each purpose and an itemized list of each expenditure for | 1478 |
each purpose; | 1479 |
(5) The number of persons who participate in any bingo | 1480 |
session or game of chance that is conducted by the charitable | 1481 |
organization; | 1482 |
(6) A list of receipts from the sale of food and beverages by | 1483 |
the charitable organization or one of its auxiliary units or | 1484 |
societies, if the receipts were excluded from gross receipts under | 1485 |
division (T) of section 2915.01 of the Revised Code; | 1486 |
(7) An itemized list of all expenses incurred at each bingo | 1487 |
session, each raffle, each punch board game, | 1488 |
instant bingo, or each game of charitable video bingo conducted by | 1489 |
the charitable organization in the sale of food and beverages by | 1490 |
the charitable organization or by an auxiliary unit or society of | 1491 |
the charitable organization, the name of each person to whom the | 1492 |
expenses are paid, and a receipt for all of the expenses; | 1493 |
(8) Any additional bingo records, including records of | 1494 |
charitable video bingo distributors, required to be kept as | 1495 |
prescribed by rule adopted by the attorney general under this | 1496 |
chapter. | 1497 |
(B) A charitable organization shall keep the records that it | 1498 |
is required to maintain pursuant to division (A) of this section | 1499 |
at its principal place of business in this state or at its | 1500 |
headquarters in this state and shall notify the attorney general | 1501 |
of the location at which those records are kept. | 1502 |
(C) The gross profit from each bingo session or game | 1503 |
described in division (O)(1) or (2) of section 2915.01 of the | 1504 |
Revised Code shall be deposited into a checking account devoted | 1505 |
exclusively to the bingo session or game. Payments for allowable | 1506 |
expenses incurred in conducting the bingo session or game and | 1507 |
payments to recipients of some or all of the net profit of the | 1508 |
bingo session or game shall be made only by checks or electronic | 1509 |
fund transfers drawn on the bingo session or game account. | 1510 |
(D) Each charitable organization shall conduct and record an | 1511 |
inventory of all of its bingo supplies and charitable video bingo | 1512 |
supplies as of the first day of November of each year. | 1513 |
(E) The attorney general may adopt rules in accordance with | 1514 |
Chapter 119. of the Revised Code that establish standards of | 1515 |
accounting, record keeping, and reporting to ensure that gross | 1516 |
receipts from bingo or games of chance are properly accounted for. | 1517 |
(F) A distributor shall maintain, for a period of three years | 1518 |
after the date of its sale or other provision, a record of each | 1519 |
instance of its selling or otherwise providing to another person | 1520 |
bingo supplies for use in this state. The record shall include all | 1521 |
of the following for each instance: | 1522 |
(1) The name of the manufacturer from which the distributor | 1523 |
purchased the bingo supplies and the date of the purchase; | 1524 |
(2) The name and address of the charitable organization or | 1525 |
other distributor to which the bingo supplies were sold or | 1526 |
otherwise provided; | 1527 |
(3) A description that clearly identifies the bingo supplies; | 1528 |
(4) Invoices that include the nonrepeating serial numbers of | 1529 |
all paper bingo cards and sheets and all instant bingo deals sold | 1530 |
or otherwise provided to each charitable organization. | 1531 |
(G) A manufacturer shall maintain, for a period of three | 1532 |
years after the date of its sale or other provision, a record of | 1533 |
each instance of its selling or otherwise providing bingo supplies | 1534 |
for use in this state. The record shall include all of the | 1535 |
following for each instance: | 1536 |
(1) The name and address of the distributor to whom the bingo | 1537 |
supplies were sold or otherwise provided; | 1538 |
(2) A description that clearly identifies the bingo supplies, | 1539 |
including serial numbers; | 1540 |
(3) Invoices that include the nonrepeating serial numbers of | 1541 |
all paper bingo cards and sheets and all instant bingo deals sold | 1542 |
or otherwise provided to each distributor. | 1543 |
(H) A charitable video bingo distributor shall maintain, for | 1544 |
a period of three years after the date of sale or other provision, | 1545 |
all records required to be kept by rules adopted under this | 1546 |
section. | 1547 |
(I) The attorney general or any law enforcement agency may do | 1548 |
all of the following: | 1549 |
(1) Investigate any charitable organization, distributor, | 1550 |
manufacturer, charitable video bingo distributor, or any officer, | 1551 |
agent, trustee, member, or employee of the organization, | 1552 |
distributor, manufacturer, or charitable video bingo distributor; | 1553 |
(2) Examine the accounts and records of the charitable | 1554 |
organization, distributor, manufacturer, or charitable video bingo | 1555 |
distributor, or of any officer, agent, trustee, member, or | 1556 |
employee of the charitable organization, distributor, | 1557 |
manufacturer, or charitable video bingo distributor; | 1558 |
(3) Conduct inspections, audits, and observations of bingo or | 1559 |
games of chance; | 1560 |
(4) Conduct inspections of the premises where bingo or games | 1561 |
of chance are conducted or where bingo supplies or charitable | 1562 |
video bingo supplies are manufactured or distributed; | 1563 |
(5) Take any other necessary and reasonable action to | 1564 |
determine if a violation of any provision of sections 2915.01 to | 1565 |
2915.13 of the Revised Code has occurred and to determine whether | 1566 |
section 2915.11 of the Revised Code has been complied with. | 1567 |
If the attorney general or any law enforcement agency has | 1568 |
reasonable grounds to believe that a charitable organization, | 1569 |
distributor, manufacturer, charitable video bingo distributor, or | 1570 |
an officer, agent, trustee, member, or employee of the | 1571 |
organization, distributor, manufacturer, or charitable video bingo | 1572 |
distributor has violated any provision of this chapter, the law | 1573 |
enforcement agency may proceed by action in the proper court to | 1574 |
enforce this chapter, provided that the law enforcement agency | 1575 |
shall give written notice to the attorney general when commencing | 1576 |
an action as described in this division. | 1577 |
| 1578 |
deny access to any accounts or records of a charitable | 1579 |
organization, distributor, manufacturer, or charitable video bingo | 1580 |
distributor that have been requested for examination, or obstruct, | 1581 |
impede, or interfere with any inspection, audit, or observation of | 1582 |
bingo or a game of chance or premises where bingo or a game of | 1583 |
chance is conducted or premises where bingo supplies or charitable | 1584 |
video bingo supplies are manufactured or distributed, or refuse to | 1585 |
comply with any reasonable request of, or obstruct, impede, or | 1586 |
interfere with any other reasonable action undertaken by, the | 1587 |
attorney general or a law enforcement agency pursuant to division | 1588 |
(H) of this section. | 1589 |
| 1590 |
is guilty of a misdemeanor of the first degree. | 1591 |
Sec. 2915.13. (A) A veteran's organization, a fraternal | 1592 |
organization, or a sporting organization authorized to conduct a | 1593 |
bingo session pursuant to sections 2915.01 to 2915.12 of the | 1594 |
Revised Code may conduct instant bingo other than at a bingo | 1595 |
session or charitable video bingo if all of the following apply: | 1596 |
(1) The veteran's organization, fraternal organization, or | 1597 |
sporting organization limits the sale of instant bingo or | 1598 |
charitable video bingo to twelve hours during any day, provided | 1599 |
that the sale does not begin earlier than ten a.m. and ends not | 1600 |
later than two a.m. | 1601 |
(2) The veteran's organization, fraternal organization, or | 1602 |
sporting organization limits the sale of instant bingo or | 1603 |
charitable video bingo to its own premises and to its own members | 1604 |
and invited guests. | 1605 |
(3) The veteran's organization, fraternal organization, or | 1606 |
sporting organization is raising money for an organization that is | 1607 |
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the | 1608 |
Internal Revenue Code and is either a governmental unit or an | 1609 |
organization that maintains its principal place of business in | 1610 |
this state, that is exempt from federal income taxation under | 1611 |
subsection 501(a) and described in subsection 501(c)(3) of the | 1612 |
Internal Revenue Code, and that is in good standing in this state | 1613 |
and executes a written contract with that organization as required | 1614 |
in division (B) of this section. | 1615 |
(B) If a veteran's organization, fraternal organization, or | 1616 |
sporting organization authorized to conduct instant bingo or | 1617 |
charitable video bingo pursuant to division (A) of this section is | 1618 |
raising money for another organization that is described in | 1619 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 1620 |
Revenue Code and is either a governmental unit or an organization | 1621 |
that maintains its principal place of business in this state, that | 1622 |
is exempt from federal income taxation under subsection 501(a) and | 1623 |
described in subsection 501(c)(3) of the Internal Revenue Code, | 1624 |
and that is in good standing in this state, the veteran's | 1625 |
organization, fraternal organization, or sporting organization | 1626 |
shall execute a written contract with the organization that is | 1627 |
described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the | 1628 |
Internal Revenue Code and is either a governmental unit or an | 1629 |
organization that maintains its principal place of business in | 1630 |
this state, that is exempt from federal income taxation under | 1631 |
subsection 501(a) and described in subsection 501(c)(3) of the | 1632 |
Internal Revenue Code, and that is in good standing in this state | 1633 |
in order to conduct instant bingo or charitable video bingo. That | 1634 |
contract shall include a statement of the percentage of the net | 1635 |
profit from the proceeds of the sale of instant bingo and the net | 1636 |
profit from the proceeds of the sale of charitable video bingo | 1637 |
that the veteran's, fraternal, or sporting organization will be | 1638 |
distributing to the organization that is described in subsection | 1639 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 1640 |
and is either a governmental unit or an organization that | 1641 |
maintains its principal place of business in this state, that is | 1642 |
exempt from federal income taxation under subsection 501(a) and | 1643 |
described in subsection 501(c)(3) of the Internal Revenue Code, | 1644 |
and that is in good standing in this state. | 1645 |
(C)(1) If a veteran's organization, fraternal organization, | 1646 |
or sporting organization authorized to conduct instant bingo or | 1647 |
charitable video bingo pursuant to division (A) of this section | 1648 |
has been issued a liquor permit under Chapter 4303. of the Revised | 1649 |
Code, that permit may be subject to suspension, revocation, or | 1650 |
cancellation if the veteran's organization, fraternal | 1651 |
organization, or sporting organization violates a provision of | 1652 |
this chapter. | 1653 |
(2) No veteran's organization, fraternal organization, or | 1654 |
sporting organization that enters into a written contract pursuant | 1655 |
to division (B) of this section shall violate any provision of | 1656 |
this chapter or permit, aid, or abet any other person in violating | 1657 |
any provision of this chapter. | 1658 |
(D) A veteran's organization, fraternal organization, or | 1659 |
sporting organization shall give all required proceeds earned from | 1660 |
the conduct of instant bingo or charitable video bingo to the | 1661 |
organization with which the veteran's organization, fraternal | 1662 |
organization, or sporting organization has entered into a written | 1663 |
contract. | 1664 |
(E) There is established the charitable video bingo council. | 1665 |
The council shall consist of seven members, who are to be | 1666 |
appointed by the attorney general, and who shall include at least | 1667 |
one member of the veterans of foreign wars, at least one member of | 1668 |
the American legion, at least one member of the AMVETS, at least | 1669 |
one member of the fraternal order of eagles, at least one member | 1670 |
of the loyal order of moose, at least one member of the benevolent | 1671 |
protective order of elks, and at least one member of the Ohio | 1672 |
council of fraternal, veterans and service organizations that are | 1673 |
nominated for appointment by each organization. The members shall | 1674 |
annually vote to elect one member to serve as chairperson. The | 1675 |
members of the council shall serve at the pleasure of the attorney | 1676 |
general, with all terms expiring not later than the term of the | 1677 |
appointing attorney general. Members of the council shall serve | 1678 |
without compensation, including without reimbursement for expenses | 1679 |
that are incurred in the conduct of official duties. The council | 1680 |
shall advise the attorney general with respect to policies and | 1681 |
proposed administrative rules related to charitable video bingo, | 1682 |
rules related to the requirements of the report management system, | 1683 |
and on other related issues at the request of the attorney | 1684 |
general. | 1685 |
(F) Whoever violates division (A), (B), (C), or (D) of this | 1686 |
section is guilty of illegal instant bingo conduct. Except as | 1687 |
otherwise provided in this division, illegal instant bingo conduct | 1688 |
is a misdemeanor of the first degree. If the offender previously | 1689 |
has been convicted of a violation of division (A), (B), (C), or | 1690 |
(D) of this section, illegal instant bingo conduct is a felony of | 1691 |
the fifth degree. | 1692 |
Section 2. That existing sections 109.32, 2915.01, 2915.08, | 1693 |
2915.081 2915.082, 2915.092, 2915.095, 2915.10, and 2915.13 of the | 1694 |
Revised Code are hereby repealed. | 1695 |