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, or 2915.082, or 2915.083 of the Revised Code | 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 (H)(I) of | 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 |
(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 |
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 |
(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, or2915.101, 2915.11, or 2915.13 of the Revised Code; | 107 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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, and preparing, selling, and serving food or | 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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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, or instant bingo other than at a | 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, or instant bingo other than at a bingo session, or | 726 |
charitable video bingo and deliver that application to the | 727 |
attorney general together with a license fee as follows: | 728 |
(b) For a license for the conduct of instant bingo at a bingo | 732 |
session or, instant bingo other than at a bingo session, or | 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 or, instant bingo other than at a | 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 or, instant bingo other than at a bingo session, or | 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 |
(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 |
(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 |
(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,
and a statement of how the | 797 |
net profit
derived from the proceeds of the sale of instant bingo | 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 |
(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 |
(j) In the case of an applicant seeking to qualify as a youth | 820 |
athletic park organization, a statement issued by a board or body | 821 |
vested with authority under Chapter 755. of the Revised Code for | 822 |
the supervision and maintenance of recreation facilities in the | 823 |
territory in which the organization is located, certifying that | 824 |
the playing fields owned by the organization were used for at | 825 |
least one hundred days during the year in which the statement is | 826 |
issued, and were open for use to all residents of that territory, | 827 |
regardless of race, color, creed, religion, sex, or national | 828 |
origin, for athletic activities by youth athletic organizations | 829 |
that do not discriminate on the basis of race, color, creed, | 830 |
religion, sex, or national origin, and that the fields were not | 831 |
used for any profit-making activity at any time during the year. | 832 |
That type of board or body is authorized to issue the statement | 833 |
upon request and shall issue the statement if it finds that the | 834 |
applicant's playing fields were so used. | 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, or instant bingo other than at a | 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 or instant bingo. The rules, except rules | 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, or instant bingo other | 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 |
(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 |
or instant bingo other than at a bingo session, or charitable | 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 |
(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 |
or instant bingo other than at a bingo session, or charitable | 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 or, instant bingo, or charitable video bingo at the | 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 |
or, instant bingo, or charitable video bingo in conformity with | 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 or, | 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 |
(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, or instant | 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, or | 983 |
instant bingo other than at a bingo session, or charitable video | 984 |
bingo under this chapter. | 985 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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, , a fraternal | 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 |
(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 |
(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 |
(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 |
(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 |
(7) An itemized list of all expenses incurred at each bingo | 1487 |
session, each raffle, each punch board game, or each game of | 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 |
(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 |
(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 |
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 |
(I)(J) No person shall destroy, alter, conceal, withhold, or | 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 |
(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 |
(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 |