As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 213

Senator Gardner 

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A BILL

To amend sections 2915.01, 2915.07, and 2915.10 and

1

to enact section 2915.096 of the Revised Code to

2

permit charitable organizations to conduct

3

not-for-profit quarter auctions.

4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2915.01, 2915.07, and 2915.10 be	5
amended and section 2915.096 of the Revised Code be enacted to	6
read as follows:	7

Sec. 2915.01.  As used in this chapter:

8

(A) "Bookmaking" means the business of receiving or paying	9
off bets.	10

(B) "Bet" means the hazarding of anything of value upon the	11
result of an event, undertaking, or contingency, but does not	12
include a bona fide business risk.	13

(C) "Scheme of chance" means a slot machine, lottery, numbers	14
game, pool conducted for profit, or other scheme in which a	15
participant gives a valuable consideration for a chance to win a	16
prize, but does not include bingo, a skill-based amusement	17
machine, or a pool not conducted for profit.	18

(D) "Game of chance" means poker, craps, roulette, or other	19
game in which a player gives anything of value in the hope of	20
gain, the outcome of which is determined largely by chance, but	21
does not include bingo.	22

(E) "Game of chance conducted for profit" means any game of	23
chance designed to produce income for the person who conducts or	24
operates the game of chance, but does not include bingo.	25

(F) "Gambling device" means any of the following:

26

(1) A book, totalizer, or other equipment for recording bets;

27

(2) A ticket, token, or other device representing a chance,	28
share, or interest in a scheme of chance or evidencing a bet;	29

(3) A deck of cards, dice, gaming table, roulette wheel, slot	30
machine, or other apparatus designed for use in connection with a	31
game of chance;	32

(4) Any equipment, device, apparatus, or paraphernalia	33
specially designed for gambling purposes;	34

(5) Bingo supplies sold or otherwise provided, or used, in	35
violation of this chapter.	36

(G) "Gambling offense" means any of the following:

37

(1) A violation of section 2915.02, 2915.03, 2915.04,	38
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	39
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	40

(2) A violation of an existing or former municipal ordinance	41
or law of this or any other state or the United States	42
substantially equivalent to any section listed in division (G)(1)	43
of this section or a violation of section 2915.06 of the Revised	44
Code as it existed prior to July 1, 1996;	45

(3) An offense under an existing or former municipal	46
ordinance or law of this or any other state or the United States,	47
of which gambling is an element;	48

(4) A conspiracy or attempt to commit, or complicity in	49
committing, any offense under division (G)(1), (2), or (3) of this	50
section.	51

(H) Except as otherwise provided in this chapter, "charitable	52
organization" means either of the following:	53

(1) An organization that is, and has received from the	54
internal revenue service a determination letter that currently is	55
in effect stating that the organization is, exempt from federal	56
income taxation under subsection 501(a) and described in	57
subsection 501(c)(3) of the Internal Revenue Code;	58

(2) A volunteer rescue service organization, volunteer	59
firefighter's organization, veteran's organization, fraternal	60
organization, or sporting organization that is exempt from federal	61
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	62
(c)(10), or (c)(19) of the Internal Revenue Code.	63

To qualify as a "charitable organization," an organization	64
shall have been in continuous existence as such in this state for	65
a period of two years immediately preceding either the making of	66
an application for a bingo license under section 2915.08 of the	67
Revised Code or the conducting of any game of chance as provided	68
in division (D) of section 2915.02 of the Revised Code.	69

(I) "Religious organization" means any church, body of	70
communicants, or group that is not organized or operated for	71
profit and that gathers in common membership for regular worship	72
and religious observances.	73

(J) "Veteran's organization" means any individual post or	74
state headquarters of a national veteran's association or an	75
auxiliary unit of any individual post of a national veteran's	76
association, which post, state headquarters, or auxiliary unit is	77
incorporated as a nonprofit corporation and either has received a	78
letter from the state headquarters of the national veteran's	79
association indicating that the individual post or auxiliary unit	80
is in good standing with the national veteran's association or has	81
received a letter from the national veteran's association	82
indicating that the state headquarters is in good standing with	83
the national veteran's association. As used in this division,	84
"national veteran's association" means any veteran's association	85
that has been in continuous existence as such for a period of at	86
least five years and either is incorporated by an act of the	87
United States congress or has a national dues-paying membership of	88
at least five thousand persons.	89

(K) "Volunteer firefighter's organization" means any	90
organization of volunteer firefighters, as defined in section	91
146.01 of the Revised Code, that is organized and operated	92
exclusively to provide financial support for a volunteer fire	93
department or a volunteer fire company and that is recognized or	94
ratified by a county, municipal corporation, or township.	95

(L) "Fraternal organization" means any society, order, state	96
headquarters, or association within this state, except a college	97
or high school fraternity, that is not organized for profit, that	98
is a branch, lodge, or chapter of a national or state	99
organization, that exists exclusively for the common business or	100
sodality of its members.	101

(M) "Volunteer rescue service organization" means any	102
organization of volunteers organized to function as an emergency	103
medical service organization, as defined in section 4765.01 of the	104
Revised Code.	105

(N) "Charitable bingo game" means any bingo game described in	106
division (O)(1) or (2) of this section that is conducted by a	107
charitable organization that has obtained a license pursuant to	108
section 2915.08 of the Revised Code and the proceeds of which are	109
used for a charitable purpose.	110

(O) "Bingo" means either of the following:

111

(1) A game with all of the following characteristics:

112

(a) The participants use bingo cards or sheets, including	113
paper formats and electronic representation or image formats, that	114
are divided into twenty-five spaces arranged in five horizontal	115
and five vertical rows of spaces, with each space, except the	116
central space, being designated by a combination of a letter and a	117
number and with the central space being designated as a free	118
space.	119

(b) The participants cover the spaces on the bingo cards or	120
sheets that correspond to combinations of letters and numbers that	121
are announced by a bingo game operator.	122

(c) A bingo game operator announces combinations of letters	123
and numbers that appear on objects that a bingo game operator	124
selects by chance, either manually or mechanically, from a	125
receptacle that contains seventy-five objects at the beginning of	126
each game, each object marked by a different combination of a	127
letter and a number that corresponds to one of the seventy-five	128
possible combinations of a letter and a number that can appear on	129
the bingo cards or sheets.	130

(d) The winner of the bingo game includes any participant who	131
properly announces during the interval between the announcements	132
of letters and numbers as described in division (O)(1)(c) of this	133
section, that a predetermined and preannounced pattern of spaces	134
has been covered on a bingo card or sheet being used by the	135
participant.	136

(2) Instant bingo, punch boards, and raffles, and quarter	137
auctions.	138

(P) "Conduct" means to back, promote, organize, manage, carry	139
on, sponsor, or prepare for the operation of bingo or a game of	140
chance.	141

(Q) "Bingo game operator" means any person, except security	142
personnel, who performs work or labor at the site of bingo,	143
including, but not limited to, collecting money from participants,	144
handing out bingo cards or sheets or objects to cover spaces on	145
bingo cards or sheets, selecting from a receptacle the objects	146
that contain the combination of letters and numbers that appear on	147
bingo cards or sheets, calling out the combinations of letters and	148
numbers, distributing prizes, selling or redeeming instant bingo	149
tickets or cards, supervising the operation of a punch board,	150
selling raffle tickets, selecting raffle tickets from a receptacle	151
and announcing the winning numbers in a raffle, selling chance to	152
win a prize in a quarter auction, selecting chips or tokens from a	153
receptacle and announcing winning numbers in a quarter auction,	154
and preparing, selling, and serving food or beverages.	155

(R) "Participant" means any person who plays bingo.

156

(S) "Bingo session" means a period that includes both of the	157
following:	158

(1) Not to exceed five continuous hours for the conduct of	159
one or more games described in division (O)(1) of this section,	160
instant bingo, and seal cards;	161

(2) A period for the conduct of instant bingo and seal cards	162
for not more than two hours before and not more than two hours	163
after the period described in division (S)(1) of this section.	164

(T) "Gross receipts" means all money or assets, including	165
admission fees, that a person receives from bingo without the	166
deduction of any amounts for prizes paid out or for the expenses	167
of conducting bingo. "Gross receipts" does not include any money	168
directly taken in from the sale of food or beverages by a	169
charitable organization conducting bingo, or by a bona fide	170
auxiliary unit or society of a charitable organization conducting	171
bingo, provided all of the following apply:	172

(1) The auxiliary unit or society has been in existence as a	173
bona fide auxiliary unit or society of the charitable organization	174
for at least two years prior to conducting bingo.	175

(2) The person who purchases the food or beverage receives	176
nothing of value except the food or beverage and items customarily	177
received with the purchase of that food or beverage.	178

(3) The food and beverages are sold at customary and	179
reasonable prices.	180

(U) "Security personnel" includes any person who either is a	181
sheriff, deputy sheriff, marshal, deputy marshal, township	182
constable, or member of an organized police department of a	183
municipal corporation or has successfully completed a peace	184
officer's training course pursuant to sections 109.71 to 109.79 of	185
the Revised Code and who is hired to provide security for the	186
premises on which bingo is conducted.	187

(V) "Charitable purpose" means that the net profit of bingo,	188
other than instant bingo, is used by, or is given, donated, or	189
otherwise transferred to, any of the following:	190

(1) Any organization that is described in subsection	191
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	192
and is either a governmental unit or an organization that is tax	193
exempt under subsection 501(a) and described in subsection	194
501(c)(3) of the Internal Revenue Code;	195

(2) A veteran's organization that is a post, chapter, or	196
organization of veterans, or an auxiliary unit or society of, or a	197
trust or foundation for, any such post, chapter, or organization	198
organized in the United States or any of its possessions, at least	199
seventy-five per cent of the members of which are veterans and	200
substantially all of the other members of which are individuals	201
who are spouses, widows, or widowers of veterans, or such	202
individuals, provided that no part of the net earnings of such	203
post, chapter, or organization inures to the benefit of any	204
private shareholder or individual, and further provided that the	205
net profit is used by the post, chapter, or organization for the	206
charitable purposes set forth in division (B)(12) of section	207
5739.02 of the Revised Code, is used for awarding scholarships to	208
or for attendance at an institution mentioned in division (B)(12)	209
of section 5739.02 of the Revised Code, is donated to a	210
governmental agency, or is used for nonprofit youth activities,	211
the purchase of United States or Ohio flags that are donated to	212
schools, youth groups, or other bona fide nonprofit organizations,	213
promotion of patriotism, or disaster relief;	214

(3) A fraternal organization that has been in continuous	215
existence in this state for fifteen years and that uses the net	216
profit exclusively for religious, charitable, scientific,	217
literary, or educational purposes, or for the prevention of	218
cruelty to children or animals, if contributions for such use	219
would qualify as a deductible charitable contribution under	220
subsection 170 of the Internal Revenue Code;	221

(4) A volunteer firefighter's organization that uses the net	222
profit for the purposes set forth in division (K) of this section.	223

(W) "Internal Revenue Code" means the "Internal Revenue Code	224
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	225
amended.	226

(X) "Youth athletic organization" means any organization, not	227
organized for profit, that is organized and operated exclusively	228
to provide financial support to, or to operate, athletic	229
activities for persons who are twenty-one years of age or younger	230
by means of sponsoring, organizing, operating, or contributing to	231
the support of an athletic team, club, league, or association.	232

(Y) "Youth athletic park organization" means any	233
organization, not organized for profit, that satisfies both of the	234
following:	235

(1) It owns, operates, and maintains playing fields that	236
satisfy both of the following:	237

(a) The playing fields are used at least one hundred days per	238
year for athletic activities by one or more organizations, not	239
organized for profit, each of which is organized and operated	240
exclusively to provide financial support to, or to operate,	241
athletic activities for persons who are eighteen years of age or	242
younger by means of sponsoring, organizing, operating, or	243
contributing to the support of an athletic team, club, league, or	244
association.	245

(b) The playing fields are not used for any profit-making	246
activity at any time during the year.	247

(2) It uses the proceeds of bingo it conducts exclusively for	248
the operation, maintenance, and improvement of its playing fields	249
of the type described in division (Y)(1) of this section.	250

(Z) "Bingo supplies" means bingo cards or sheets; instant	251
bingo tickets or cards; electronic bingo aids; raffle tickets;	252
punch boards; seal cards; instant bingo ticket dispensers; quarter	253
auction bid paddles, chips, and tokens; and devices for selecting	254
or displaying the combination of bingo letters and numbers or,	255
raffle tickets, or quarter auction winning numbers. Items that are	256
"bingo supplies" are not gambling devices if sold or otherwise	257
provided, and used, in accordance with this chapter. For purposes	258
of this chapter, "bingo supplies" are not to be considered	259
equipment used to conduct a bingo game.	260

(AA) "Instant bingo" means a form of bingo that shall use	261
folded or banded tickets or paper cards with perforated break-open	262
tabs, a face of which is covered or otherwise hidden from view to	263
conceal a number, letter, or symbol, or set of numbers, letters,	264
or symbols, some of which have been designated in advance as prize	265
winners, and may also include games in which some winners are	266
determined by the random selection of one or more bingo numbers by	267
the use of a seal card or bingo blower. In all "instant bingo" the	268
prize amount and structure shall be predetermined. "Instant bingo"	269
does not include any device that is activated by the insertion of	270
a coin, currency, token, or an equivalent, and that contains as	271
one of its components a video display monitor that is capable of	272
displaying numbers, letters, symbols, or characters in winning or	273
losing combinations.	274

(BB) "Seal card" means a form of instant bingo that uses	275
instant bingo tickets in conjunction with a board or placard that	276
contains one or more seals that, when removed or opened, reveal	277
predesignated winning numbers, letters, or symbols.	278

(CC) "Raffle" means a form of bingo in which the one or more	279
prizes are won by one or more persons who have purchased a raffle	280
ticket. The one or more winners of the raffle are determined by	281
drawing a ticket stub or other detachable section from a	282
receptacle containing ticket stubs or detachable sections	283
corresponding to all tickets sold for the raffle. "Raffle" does	284
not include the drawing of a ticket stub or other detachable	285
section of a ticket purchased to attend a professional sporting	286
event if both of the following apply:	287

(1) The ticket stub or other detachable section is used to	288
select the winner of a free prize given away at the professional	289
sporting event; and	290

(2) The cost of the ticket is the same as the cost of a	291
ticket to the professional sporting event on days when no free	292
prize is given away.	293

(DD) "Punch board" means a board containing a number of holes	294
or receptacles of uniform size in which are placed, mechanically	295
and randomly, serially numbered slips of paper that may be punched	296
or drawn from the hole or receptacle when used in conjunction with	297
instant bingo. A player may punch or draw the numbered slips of	298
paper from the holes or receptacles and obtain the prize	299
established for the game if the number drawn corresponds to a	300
winning number or, if the punch board includes the use of a seal	301
card, a potential winning number.	302

(EE) "Gross profit" means gross receipts minus the amount	303
actually expended for the payment of prize awards.	304

(FF) "Net profit" means gross profit minus expenses.

305

(GG) "Expenses" means the reasonable amount of gross profit	306
actually expended for all of the following:	307

(1) The purchase or lease of bingo supplies;

308

(2) The annual license fee required under section 2915.08 of	309
the Revised Code;	310

(3) Bank fees and service charges for a bingo session or game	311
account described in section 2915.10 of the Revised Code;	312

(4) Audits and accounting services;

313

(5) Safes;

314

(6) Cash registers;

315

(7) Hiring security personnel;

316

(8) Advertising bingo;

317

(9) Renting premises in which to conduct a bingo session;

318

(10) Tables and chairs;

319

(11) Expenses for maintaining and operating a charitable	320
organization's facilities, including, but not limited to, a post	321
home, club house, lounge, tavern, or canteen and any grounds	322
attached to the post home, club house, lounge, tavern, or canteen;	323

(12) Payment of real property taxes and assessments that are	324
levied on a premises on which bingo is conducted;	325

(13) Any other product or service directly related to the	326
conduct of bingo that is authorized in rules adopted by the	327
attorney general under division (B)(1) of section 2915.08 of the	328
Revised Code.	329

(HH) "Person" has the same meaning as in section 1.59 of the	330
Revised Code and includes any firm or any other legal entity,	331
however organized.	332

(II) "Revoke" means to void permanently all rights and	333
privileges of the holder of a license issued under section	334
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	335
gaming license issued by another jurisdiction.	336

(JJ) "Suspend" means to interrupt temporarily all rights and	337
privileges of the holder of a license issued under section	338
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	339
gaming license issued by another jurisdiction.	340

(KK) "Distributor" means any person who purchases or obtains	341
bingo supplies and who does either of the following:	342

(1) Sells, offers for sale, or otherwise provides or offers	343
to provide the bingo supplies to another person for use in this	344
state;	345

(2) Modifies, converts, adds to, or removes parts from the	346
bingo supplies to further their promotion or sale for use in this	347
state.	348

(LL) "Manufacturer" means any person who assembles completed	349
bingo supplies from raw materials, other items, or subparts or who	350
modifies, converts, adds to, or removes parts from bingo supplies	351
to further their promotion or sale.	352

(MM) "Gross annual revenues" means the annual gross receipts	353
derived from the conduct of bingo described in division (O)(1) of	354
this section plus the annual net profit derived from the conduct	355
of bingo described in division (O)(2) of this section.	356

(NN) "Instant bingo ticket dispenser" means a mechanical	357
device that dispenses an instant bingo ticket or card as the sole	358
item of value dispensed and that has the following	359
characteristics:	360

(1) It is activated upon the insertion of United States	361
currency.	362

(2) It performs no gaming functions.

363

(3) It does not contain a video display monitor or generate	364
noise.	365

(4) It is not capable of displaying any numbers, letters,	366
symbols, or characters in winning or losing combinations.	367

(5) It does not simulate or display rolling or spinning	368
reels.	369

(6) It is incapable of determining whether a dispensed bingo	370
ticket or card is a winning or nonwinning ticket or card and	371
requires a winning ticket or card to be paid by a bingo game	372
operator.	373

(7) It may provide accounting and security features to aid in	374
accounting for the instant bingo tickets or cards it dispenses.	375

(8) It is not part of an electronic network and is not	376
interactive.	377

(OO)(1) "Electronic bingo aid" means an electronic device	378
used by a participant to monitor bingo cards or sheets purchased	379
at the time and place of a bingo session and that does all of the	380
following:	381

(a) It provides a means for a participant to input numbers	382
and letters announced by a bingo caller.	383

(b) It compares the numbers and letters entered by the	384
participant to the bingo faces previously stored in the memory of	385
the device.	386

(c) It identifies a winning bingo pattern.

387

(2) "Electronic bingo aid" does not include any device into	388
which a coin, currency, token, or an equivalent is inserted to	389
activate play.	390

(PP) "Deal of instant bingo tickets" means a single game of	391
instant bingo tickets all with the same serial number.	392

(QQ)(1) "Slot machine" means either of the following:

393

(a) Any mechanical, electronic, video, or digital device that	394
is capable of accepting anything of value, directly or indirectly,	395
from or on behalf of a player who gives the thing of value in the	396
hope of gain;	397

(b) Any mechanical, electronic, video, or digital device that	398
is capable of accepting anything of value, directly or indirectly,	399
from or on behalf of a player to conduct bingo or a scheme or game	400
of chance.	401

(2) "Slot machine" does not include a skill-based amusement	402
machine or an instant bingo ticket dispenser.	403

(RR) "Net profit from the proceeds of the sale of instant	404
bingo" means gross profit minus the ordinary, necessary, and	405
reasonable expense expended for the purchase of instant bingo	406
supplies, and, in the case of instant bingo conducted by a	407
veteran's, fraternal, or sporting organization, minus the payment	408
by that organization of real property taxes and assessments levied	409
on a premises on which instant bingo is conducted.	410

(SS) "Charitable instant bingo organization" means an	411
organization that is exempt from federal income taxation under	412
subsection 501(a) and described in subsection 501(c)(3) of the	413
Internal Revenue Code and is a charitable organization as defined	414
in this section. A "charitable instant bingo organization" does	415
not include a charitable organization that is exempt from federal	416
income taxation under subsection 501(a) and described in	417
subsection 501(c)(3) of the Internal Revenue Code and that is	418
created by a veteran's organization, a fraternal organization, or	419
a sporting organization in regards to bingo conducted or assisted	420
by a veteran's organization, a fraternal organization, or a	421
sporting organization pursuant to section 2915.13 of the Revised	422
Code.	423

(TT) "Game flare" means the board or placard that accompanies	424
each deal of instant bingo tickets and that has printed on or	425
affixed to it the following information for the game:	426

(1) The name of the game;

427

(2) The manufacturer's name or distinctive logo;

428

(3) The form number;

429

(4) The ticket count;

430

(5) The prize structure, including the number of winning	431
instant bingo tickets by denomination and the respective winning	432
symbol or number combinations for the winning instant bingo	433
tickets;	434

(6) The cost per play;

435

(7) The serial number of the game.

436

(UU)(1) "Skill-based amusement machine" means a mechanical,	437
video, digital, or electronic device that rewards the player or	438
players, if at all, only with merchandise prizes or with	439
redeemable vouchers redeemable only for merchandise prizes,	440
provided that with respect to rewards for playing the game all of	441
the following apply:	442

(a) The wholesale value of a merchandise prize awarded as a	443
result of the single play of a machine does not exceed ten	444
dollars;	445

(b) Redeemable vouchers awarded for any single play of a	446
machine are not redeemable for a merchandise prize with a	447
wholesale value of more than ten dollars;	448

(c) Redeemable vouchers are not redeemable for a merchandise	449
prize that has a wholesale value of more than ten dollars times	450
the fewest number of single plays necessary to accrue the	451
redeemable vouchers required to obtain that prize; and	452

(d) Any redeemable vouchers or merchandise prizes are	453
distributed at the site of the skill-based amusement machine at	454
the time of play.	455

A card for the purchase of gasoline is a redeemable voucher	456
for purposes of division (UU)(1) of this section even if the	457
skill-based amusement machine for the play of which the card is	458
awarded is located at a place where gasoline may not be legally	459
distributed to the public or the card is not redeemable at the	460
location of, or at the time of playing, the skill-based amusement	461
machine.	462

(2) A device shall not be considered a skill-based amusement	463
machine and shall be considered a slot machine if it pays cash or	464
one or more of the following apply:	465

(a) The ability of a player to succeed at the game is	466
impacted by the number or ratio of prior wins to prior losses of	467
players playing the game.	468

(b) Any reward of redeemable vouchers is not based solely on	469
the player achieving the object of the game or the player's score;	470

(c) The outcome of the game, or the value of the redeemable	471
voucher or merchandise prize awarded for winning the game, can be	472
controlled by a source other than any player playing the game.	473

(d) The success of any player is or may be determined by a	474
chance event that cannot be altered by player actions.	475

(e) The ability of any player to succeed at the game is	476
determined by game features not visible or known to the player.	477

(f) The ability of the player to succeed at the game is	478
impacted by the exercise of a skill that no reasonable player	479
could exercise.	480

(3) All of the following apply to any machine that is	481
operated as described in division (UU)(1) of this section:	482

(a) As used in division (UU) of this section, "game" and	483
"play" mean one event from the initial activation of the machine	484
until the results of play are determined without payment of	485
additional consideration. An individual utilizing a machine that	486
involves a single game, play, contest, competition, or tournament	487
may be awarded redeemable vouchers or merchandise prizes based on	488
the results of play.	489

(b) Advance play for a single game, play, contest,	490
competition, or tournament participation may be purchased. The	491
cost of the contest, competition, or tournament participation may	492
be greater than a single noncontest, competition, or tournament	493
play.	494

(c) To the extent that the machine is used in a contest,	495
competition, or tournament, that contest, competition, or	496
tournament has a defined starting and ending date and is open to	497
participants in competition for scoring and ranking results toward	498
the awarding of redeemable vouchers or merchandise prizes that are	499
stated prior to the start of the contest, competition, or	500
tournament.	501

(4) For purposes of division (UU)(1) of this section, the	502
mere presence of a device, such as a pin-setting, ball-releasing,	503
or scoring mechanism, that does not contribute to or affect the	504
outcome of the play of the game does not make the device a	505
skill-based amusement machine.	506

(VV) "Merchandise prize" means any item of value, but shall	507
not include any of the following:	508

(1) Cash, gift cards, or any equivalent thereof;

509

(2) Plays on games of chance, state lottery tickets, bingo,	510
or instant bingo;	511

(3) Firearms, tobacco, or alcoholic beverages; or

512

(4) A redeemable voucher that is redeemable for any of the	513
items listed in division (VV)(1), (2), or (3) of this section.	514

(WW) "Redeemable voucher" means any ticket, token, coupon,	515
receipt, or other noncash representation of value.	516

(XX) "Pool not conducted for profit" means a scheme in which	517
a participant gives a valuable consideration for a chance to win a	518
prize and the total amount of consideration wagered is distributed	519
to a participant or participants.	520

(YY) "Sporting organization" means a hunting, fishing, or	521
trapping organization, other than a college or high school	522
fraternity or sorority, that is not organized for profit, that is	523
affiliated with a state or national sporting organization,	524
including but not limited to, the league of Ohio sportsmen, and	525
that has been in continuous existence in this state for a period	526
of three years.	527

(ZZ) "Community action agency" has the same meaning as in	528
section 122.66 of the Revised Code.	529

(AAA) "Quarter auction" means a form of bingo in which one or	530
more prizes are won by one or more persons who have given valuable	531
consideration for a chance to win a prize by purchasing one or	532
more numbered bid paddles that correspond to the same numbered	533
chip or token that is placed in a receptacle. The one or more	534
winners of the quarter auction are determined by selecting a chip	535
or token from the receptacle and matching the number of the	536
selected chip or token to a numbered bid paddle held up by a	537
person before the selection of the chip or token.	538

Sec. 2915.07.  (A) No person, except a charitable	539
organization that has obtained a license pursuant to section	540
2915.08 of the Revised Code, shall conduct or advertise bingo.	541
This division does not apply to a raffle or a quarter auction that	542
a charitable organization conducts or advertises.	543

(B) Whoever violates this section is guilty of conducting	544
illegal bingo, a felony of the fourth degree.	545

Sec. 2915.096.  (A) A charitable organization may conduct a	546
quarter auction to raise money for the organization, and does not	547
need a license to conduct bingo in order to conduct a quarter	548
auction that is not for profit.	549

(B) No person shall conduct a quarter auction except as	550
provided in division (A) of this section.	551

(C) Whoever violates division (B) of this section is guilty	552
of illegal conduct of a quarter auction. Except as otherwise	553
provided in this division, illegal conduct of a quarter auction is	554
a misdemeanor of the first degree. If the offender previously has	555
been convicted of a violation of division (B) of this section,	556
illegal conduct of a quarter auction is a felony of the fifth	557
degree.	558

Sec. 2915.10.  (A) No charitable organization that conducts	559
bingo or a game of chance pursuant to division (D) of section	560
2915.02 of the Revised Code shall fail to maintain the following	561
records for at least three years from the date on which the bingo	562
or game of chance is conducted:	563

(1) An itemized list of the gross receipts of each bingo	564
session, each game of instant bingo by serial number, each raffle,	565
each quarter auction, each punch board game, and each game of	566
chance, and an itemized list of the gross profits of each game of	567
instant bingo by serial number;	568

(2) An itemized list of all expenses, other than prizes, that	569
are incurred in conducting bingo or instant bingo, the name of	570
each person to whom the expenses are paid, and a receipt for all	571
of the expenses;	572

(3) A list of all prizes awarded during each bingo session,	573
each raffle, each quarter auction, each punch board game, and each	574
game of chance conducted by the charitable organization, the total	575
prizes awarded from each game of instant bingo by serial number,	576
and the name, address, and social security number of all persons	577
who are winners of prizes of six hundred dollars or more in value;	578

(4) An itemized list of the recipients of the net profit of	579
the bingo or game of chance, including the name and address of	580
each recipient to whom the money is distributed, and if the	581
organization uses the net profit of bingo, or the money or assets	582
received from a game of chance, for any charitable or other	583
purpose set forth in division (V) of section 2915.01, division (D)	584
of section 2915.02, or section 2915.101 of the Revised Code, a	585
list of each purpose and an itemized list of each expenditure for	586
each purpose;	587

(5) The number of persons who participate in any bingo	588
session or game of chance that is conducted by the charitable	589
organization;	590

(6) A list of receipts from the sale of food and beverages by	591
the charitable organization or one of its auxiliary units or	592
societies, if the receipts were excluded from gross receipts under	593
division (T) of section 2915.01 of the Revised Code;	594

(7) An itemized list of all expenses incurred at each bingo	595
session, each raffle, each quarter auction, each punch board game,	596
or each game of instant bingo conducted by the charitable	597
organization in the sale of food and beverages by the charitable	598
organization or by an auxiliary unit or society of the charitable	599
organization, the name of each person to whom the expenses are	600
paid, and a receipt for all of the expenses.	601

(B) A charitable organization shall keep the records that it	602
is required to maintain pursuant to division (A) of this section	603
at its principal place of business in this state or at its	604
headquarters in this state and shall notify the attorney general	605
of the location at which those records are kept.	606

(C) The gross profit from each bingo session or game	607
described in division (O)(1) or (2) of section 2915.01 of the	608
Revised Code shall be deposited into a checking account devoted	609
exclusively to the bingo session or game. Payments for allowable	610
expenses incurred in conducting the bingo session or game and	611
payments to recipients of some or all of the net profit of the	612
bingo session or game shall be made only by checks or electronic	613
fund transfers drawn on the bingo session or game account.	614

(D) Each charitable organization shall conduct and record an	615
inventory of all of its bingo supplies as of the first day of	616
November of each year.	617

(E) The attorney general may adopt rules in accordance with	618
Chapter 119. of the Revised Code that establish standards of	619
accounting, record keeping, and reporting to ensure that gross	620
receipts from bingo or games of chance are properly accounted for.	621

(F) A distributor shall maintain, for a period of three years	622
after the date of its sale or other provision, a record of each	623
instance of its selling or otherwise providing to another person	624
bingo supplies for use in this state. The record shall include all	625
of the following for each instance:	626

(1) The name of the manufacturer from which the distributor	627
purchased the bingo supplies and the date of the purchase;	628

(2) The name and address of the charitable organization or	629
other distributor to which the bingo supplies were sold or	630
otherwise provided;	631

(3) A description that clearly identifies the bingo supplies;

632

(4) Invoices that include the nonrepeating serial numbers of	633
all paper bingo cards and sheets and all instant bingo deals sold	634
or otherwise provided to each charitable organization.	635

(G) A manufacturer shall maintain, for a period of three	636
years after the date of its sale or other provision, a record of	637
each instance of its selling or otherwise providing bingo supplies	638
for use in this state. The record shall include all of the	639
following for each instance:	640

(1) The name and address of the distributor to whom the bingo	641
supplies were sold or otherwise provided;	642

(2) A description that clearly identifies the bingo supplies,	643
including serial numbers;	644

(3) Invoices that include the nonrepeating serial numbers of	645
all paper bingo cards and sheets and all instant bingo deals sold	646
or otherwise provided to each distributor.	647

(H) The attorney general or any law enforcement agency may do	648
all of the following:	649

(1) Investigate any charitable organization or any officer,	650
agent, trustee, member, or employee of the organization;	651

(2) Examine the accounts and records of the organization;

652

(3) Conduct inspections, audits, and observations of bingo or	653
games of chance;	654

(4) Conduct inspections of the premises where bingo or games	655
of chance are conducted;	656

(5) Take any other necessary and reasonable action to	657
determine if a violation of any provision of sections 2915.01 to	658
2915.13 of the Revised Code has occurred and to determine whether	659
section 2915.11 of the Revised Code has been complied with.	660

If any law enforcement agency has reasonable grounds to	661
believe that a charitable organization or an officer, agent,	662
trustee, member, or employee of the organization has violated any	663
provision of this chapter, the law enforcement agency may proceed	664
by action in the proper court to enforce this chapter, provided	665
that the law enforcement agency shall give written notice to the	666
attorney general when commencing an action as described in this	667
division.	668

(I) No person shall destroy, alter, conceal, withhold, or	669
deny access to any accounts or records of a charitable	670
organization that have been requested for examination, or	671
obstruct, impede, or interfere with any inspection, audit, or	672
observation of bingo or a game of chance or premises where bingo	673
or a game of chance is conducted, or refuse to comply with any	674
reasonable request of, or obstruct, impede, or interfere with any	675
other reasonable action undertaken by, the attorney general or a	676
law enforcement agency pursuant to division (H) of this section.	677

(J) Whoever violates division (A) or (I) of this section is	678
guilty of a misdemeanor of the first degree.	679

Section 2.  That existing sections 2915.01, 2915.07, and	680
2915.10 of the Revised Code are hereby repealed.	681