| The online
versions of legislation provided on this website are
NOT official. The official version of bills are
available from the LSC Bill Room located at the north end of
the Ground Floor of the Statehouse. Enrolled bills are the
final version passed by the Ohio General Assembly and
presented to the Governor for signature. The official version
of acts signed by the Governor are available from the
Secretary of State's Office in the Continental Plaza, 180 East
Broad St., Columbus. |
As
Introduced
| 127th General
Assembly |
| Regular
Session |
| 2007-2008 | |
|
Cosponsors: Representatives Seitz,
Collier, Latta, Stewart, J., Garrison, Combs, Adams
A
BILL
To amend sections 109.32, 2915.01,
2915.02, 2915.07, 2915.081, 2915.09, and 2915.091 and to enact
section 2915.083 of the Revised Code to allow a charitable
organization to obtain a short-term license to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session. BE IT ENACTED BY THE GENERAL
ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections
109.32, 2915.01, 2915.02, 2915.07, 2915.081, 2915.09, and 2915.091
be amended and section 2915.083 of the Revised Code be enacted to
read as follows:
Sec. 109.32. All annual
filing fees obtained by the attorney general pursuant to section
109.31 of the Revised Code, all receipts obtained from the sale of
the charitable foundations directory, all registration fees
received by the attorney general, bond forfeitures, awards of
costs and attorney's fees, and civil penalties assessed under
Chapter 1716. of the Revised Code, and all license fees received
by the attorney general under section 2915.08, 2915.081,
or 2915.082, or 2915.083 of the Revised
Code shall be paid into the state treasury to the credit of the
charitable law fund. The charitable law fund shall be used insofar
as its moneys are available for the expenses of the charitable law
section of the office of the attorney general, except that all
annual license fees that are received by the
attorney general under section 2915.08, 2915.081,
or 2915.082, or 2915.083 of the Revised
Code and that are credited to the fund shall be used by the
attorney general, or any law enforcement agency in cooperation
with the attorney general, for the purposes specified in division
(H) of section 2915.10 of the Revised Code and to administer and
enforce Chapter 2915. of the Revised Code. The expenses of the
charitable law section in excess of moneys available in the
charitable law fund shall be paid out of regular appropriations to
the office of the attorney general.
Sec. 2915.01. As used in
this chapter:
(A) "Bookmaking" means the business of
receiving or paying off bets.
(B) "Bet" means the hazarding of anything of
value upon the result of an event, undertaking, or contingency,
but does not include a bona fide business risk.
(C) "Scheme of chance" means a slot machine,
lottery, numbers game, pool conducted for profit, or other scheme
in which a participant gives a valuable consideration for a chance
to win a prize, but does not include bingo, a skill-based
amusement machine, or a pool not conducted for
profit.
(D) "Game of chance" means poker, craps,
roulette, or other game in which a player gives anything of value
in the hope of gain, the outcome of which is determined largely by
chance, but does not include bingo.
(E) "Game of chance conducted for profit"
means any game of chance designed to produce income for the person
who conducts or operates the game of chance, but does not include
bingo.
(F) "Gambling device" means any of the
following:
(1) A book, totalizer, or other equipment for
recording bets;
(2) A ticket, token, or other device
representing a chance, share, or interest in a scheme of chance or
evidencing a bet;
(3) A deck of cards, dice, gaming table,
roulette wheel, slot machine, or other apparatus designed for use
in connection with a game of chance;
(4) Any equipment, device, apparatus, or
paraphernalia specially designed for gambling
purposes;
(5) Bingo supplies sold or otherwise
provided, or used, in violation of this chapter.
(G) "Gambling offense" means any of the
following:
(1) A violation of section 2915.02, 2915.03,
2915.04, 2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised
Code;
(2) A violation of an existing or former
municipal ordinance or law of this or any other state or the
United States substantially equivalent to any section listed in
division (G)(1) of this section or a violation of section 2915.06
of the Revised Code as it existed prior to July 1,
1996;
(3) An offense under an existing or former
municipal ordinance or law of this or any other state or the
United States, of which gambling is an element;
(4) A conspiracy or attempt to commit, or
complicity in committing, any offense under division (G)(1), (2),
or (3) of this section.
(H) Except as otherwise provided in this
chapter, "charitable organization" means any tax exempt religious,
educational, veteran's, fraternal, sporting, service, nonprofit
medical, volunteer rescue service, volunteer firefighter's, senior
citizen's, historic railroad educational, youth athletic, amateur
athletic, or youth athletic park organization. An organization is
tax exempt if the organization is, and has received from the
internal revenue service a determination letter that currently is
in effect stating that the organization is, exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal Revenue Code, or if the organization is
a sporting organization that is exempt from federal income
taxation under subsection 501(a) and is described in subsection
501(c)(7) of the Internal Revenue Code. To qualify as a charitable
organization, an organization, except a volunteer rescue service
or volunteer fire fighter's firefighter's
organization, shall have been in continuous existence as such in
this state for a period of two years immediately preceding either
the making of an application for a bingo license under section
2915.08 or 2915.083 of the Revised Code or the conducting
of any game of chance as provided in division (D) of section
2915.02 of the Revised Code. A charitable organization that is
exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3) of the Internal Revenue Code and
that is created by a veteran's organization, a fraternal
organization, or a sporting organization does not have to have
been in continuous existence as such in this state for a period of
two years immediately preceding either the making of an
application for a bingo license under section 2915.08 or
2915.083 of the Revised Code or the conducting of any game of
chance as provided in division (D) of section 2915.02 of the
Revised Code.
(I) "Religious organization" means any
church, body of communicants, or group that is not organized or
operated for profit and that gathers in common membership for
regular worship and religious observances.
(J) "Educational organization" means any
organization within this state that is not organized for profit,
the primary purpose of which is to educate and develop the
capabilities of individuals through instruction by means of
operating or contributing to the support of a school, academy,
college, or university.
(K) "Veteran's organization" means any
individual post or state headquarters of a national veteran's
association or an auxiliary unit of any individual post of a
national veteran's association, which post, state headquarters, or
auxiliary unit has been in continuous existence in this state for
at least two years and incorporated as a nonprofit corporation and
either has received a letter from the state headquarters of the
national veteran's association indicating that the individual post
or auxiliary unit is in good standing with the national veteran's
association or has received a letter from the national veteran's
association indicating that the state headquarters is in good
standing with the national veteran's association. As used in this
division, "national veteran's association" means any veteran's
association that has been in continuous existence as such for a
period of at least five years and either is incorporated by an act
of the United States congress or has a national dues-paying
membership of at least five thousand persons.
(L) "Volunteer firefighter's organization"
means any organization of volunteer firefighters, as defined in
section 146.01 of the Revised Code, that is organized and operated
exclusively to provide financial support for a volunteer fire
department or a volunteer fire company and that is recognized or
ratified by a county, municipal corporation, or
township.
(M) "Fraternal organization" means any
society, order, state headquarters, or association within this
state, except a college or high school fraternity, that is not
organized for profit, that is a branch, lodge, or chapter of a
national or state organization, that exists exclusively for the
common business or sodality of its members, and that has been in
continuous existence in this state for a period of five
years.
(N) "Volunteer rescue service organization"
means any organization of volunteers organized to function as an
emergency medical service organization, as defined in section
4765.01 of the Revised Code.
(O) "Service organization" means either of
the following:
(1) Any organization, not organized for
profit, that is organized and operated exclusively to provide, or
to contribute to the support of organizations or institutions
organized and operated exclusively to provide, medical and
therapeutic services for persons who are crippled, born with birth
defects, or have any other mental or physical defect or those
organized and operated exclusively to protect, or to contribute to
the support of organizations or institutions organized and
operated exclusively to protect, animals from inhumane treatment
or provide immediate shelter to victims of domestic
violence;
(2) Any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal
Revenue Code and is either a governmental unit or an organization
that is tax exempt under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is an
organization, not organized for profit, that is organized and
operated primarily to provide, or to contribute to the support of
organizations or institutions organized and operated primarily to
provide, medical and therapeutic services for persons who are
crippled, born with birth defects, or have any other mental or
physical defect.
(P) "Nonprofit medical organization" means
either of the following:
(1) Any organization that has been
incorporated as a nonprofit corporation for at least five years
and that has continuously operated and will be operated
exclusively to provide, or to contribute to the support of
organizations or institutions organized and operated exclusively
to provide, hospital, medical, research, or therapeutic services
for the public;
(2) Any organization that is described and
qualified under subsection 501(c)(3) of the Internal Revenue Code,
that has been incorporated as a nonprofit corporation for at least
five years, and that has continuously operated and will be
operated primarily to provide, or to contribute to the support of
organizations or institutions organized and operated primarily to
provide, hospital, medical, research, or therapeutic services for
the public.
(Q) "Senior citizen's organization" means any
private organization, not organized for profit, that is organized
and operated exclusively to provide recreational or social
services for persons who are fifty-five years of age or older and
that is described and qualified under subsection 501(c)(3) of the
Internal Revenue Code.
(R) "Charitable bingo game" means any bingo
game described in division (S)(1) or (2) of this section that is
conducted by a charitable organization that has obtained a license
pursuant to section 2915.08 or 2915.083 of the Revised Code
and the proceeds of which are used for a charitable
purpose.
(S) "Bingo" means either of the
following:
(1) A game with all of the following
characteristics:
(a) The participants use bingo cards or
sheets, including paper formats and electronic representation or
image formats, that are divided into twenty-five spaces arranged
in five horizontal and five vertical rows of spaces, with each
space, except the central space, being designated by a combination
of a letter and a number and with the central space being
designated as a free space.
(b) The participants cover the spaces on the
bingo cards or sheets that correspond to combinations of letters
and numbers that are announced by a bingo game
operator.
(c) A bingo game operator announces
combinations of letters and numbers that appear on objects that a
bingo game operator selects by chance, either manually or
mechanically, from a receptacle that contains seventy-five objects
at the beginning of each game, each object marked by a different
combination of a letter and a number that corresponds to one of
the seventy-five possible combinations of a letter and a number
that can appear on the bingo cards or sheets.
(d) The winner of the bingo game includes any
participant who properly announces during the interval between the
announcements of letters and numbers as described in division
(S)(1)(c) of this section, that a predetermined and preannounced
pattern of spaces has been covered on a bingo card or sheet being
used by the participant.
(2) Instant bingo, punch boards, and
raffles.
(T) "Conduct" means to back, promote,
organize, manage, carry on, sponsor, or prepare for the operation
of bingo or a game of chance.
(U) "Bingo game operator" means any person,
except security personnel, who performs work or labor at the site
of bingo, including, but not limited to, collecting money from
participants, handing out bingo cards or sheets or objects to
cover spaces on bingo cards or sheets, selecting from a receptacle
the objects that contain the combination of letters and numbers
that appear on bingo cards or sheets, calling out the combinations
of letters and numbers, distributing prizes, selling or redeeming
instant bingo tickets or cards, supervising the operation of a
punch board, selling raffle tickets, selecting raffle tickets from
a receptacle and announcing the winning numbers in a raffle, and
preparing, selling, and serving food or
beverages.
(V) "Participant" means any person who plays
bingo.
(W) "Bingo session" means a period that
includes both of the following:
(1) Not to exceed five continuous hours for
the conduct of one or more games described in division (S)(1) of
this section, instant bingo, and seal cards;
(2) A period for the conduct of instant bingo
and seal cards for not more than two hours before and not more
than two hours after the period described in division (W)(1) of
this section.
(X) "Gross receipts" means all money or
assets, including admission fees, that a person receives from
bingo without the deduction of any amounts for prizes paid out or
for the expenses of conducting bingo. "Gross receipts" does not
include any money directly taken in from the sale of food or
beverages by a charitable organization conducting bingo, or by a
bona fide auxiliary unit or society of a charitable organization
conducting bingo, provided all of the following
apply:
(1) The auxiliary unit or society has been in
existence as a bona fide auxiliary unit or society of the
charitable organization for at least two years prior to conducting
bingo.
(2) The person who purchases the food or
beverage receives nothing of value except the food or beverage and
items customarily received with the purchase of that food or
beverage.
(3) The food and beverages are sold at
customary and reasonable prices.
(Y) "Security personnel" includes any person
who either is a sheriff, deputy sheriff, marshal, deputy marshal,
township constable, or member of an organized police department of
a municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79 of
the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.
(Z) "Charitable purpose" means that the net
profit of bingo, other than instant bingo, is used by, or is
given, donated, or otherwise transferred to, any of the
following:
(1) Any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal
Revenue Code and is either a governmental unit or an organization
that is tax exempt under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue
Code;
(2) A veteran's organization that is a post,
chapter, or organization of veterans, or an auxiliary unit or
society of, or a trust or foundation for, any such post, chapter,
or organization organized in the United States or any of its
possessions, at least seventy-five per cent of the members of
which are veterans and substantially all of the other members of
which are individuals who are spouses, widows, or widowers of
veterans, or such individuals, provided that no part of the net
earnings of such post, chapter, or organization inures to the
benefit of any private shareholder or individual, and further
provided that the net profit is used by the post, chapter, or
organization for the charitable purposes set forth in division
(B)(12) of section 5739.02 of the Revised Code, is used for
awarding scholarships to or for attendance at an institution
mentioned in division (B)(12) of section 5739.02 of the Revised
Code, is donated to a governmental agency, or is used for
nonprofit youth activities, the purchase of United States or Ohio
flags that are donated to schools, youth groups, or other bona
fide nonprofit organizations, promotion of patriotism, or disaster
relief;
(3) A fraternal organization that has been in
continuous existence in this state for fifteen years and that uses
the net profit exclusively for religious, charitable, scientific,
literary, or educational purposes, or for the prevention of
cruelty to children or animals, if contributions for such use
would qualify as a deductible charitable contribution under
subsection 170 of the Internal Revenue Code;
(4) A volunteer firefighter's organization
that uses the net profit for the purposes set forth in division
(L) of this section.
(AA) "Internal Revenue Code" means the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
now or hereafter amended.
(BB) "Youth athletic organization" means any
organization, not organized for profit, that is organized and
operated exclusively to provide financial support to, or to
operate, athletic activities for persons who are twenty-one years
of age or younger by means of sponsoring, organizing, operating,
or contributing to the support of an athletic team, club, league,
or association.
(CC) "Youth athletic park organization" means
any organization, not organized for profit, that satisfies both of
the following:
(1) It owns, operates, and maintains playing
fields that satisfy both of the following:
(a) The playing fields are used at least one
hundred days per year for athletic activities by one or more
organizations, not organized for profit, each of which is
organized and operated exclusively to provide financial support
to, or to operate, athletic activities for persons who are
eighteen years of age or younger by means of sponsoring,
organizing, operating, or contributing to the support of an
athletic team, club, league, or association.
(b) The playing fields are not used for any
profit-making activity at any time during the
year.
(2) It uses the proceeds of bingo it conducts
exclusively for the operation, maintenance, and improvement of its
playing fields of the type described in division (CC)(1) of this
section.
(DD) "Amateur athletic organization" means
any organization, not organized for profit, that is organized and
operated exclusively to provide financial support to, or to
operate, athletic activities for persons who are training for
amateur athletic competition that is sanctioned by a national
governing body as defined in the "Amateur Sports Act of 1978," 90
Stat. 3045, 36 U.S.C.A. 373.
(EE) "Bingo supplies" means bingo cards or
sheets; instant bingo tickets or cards; electronic bingo aids;
raffle tickets; punch boards; seal cards; instant bingo ticket
dispensers; and devices for selecting or displaying the
combination of bingo letters and numbers or raffle tickets. Items
that are "bingo supplies" are not gambling devices if sold or
otherwise provided, and used, in accordance with this chapter. For
purposes of this chapter, "bingo supplies" are not to be
considered equipment used to conduct a bingo
game.
(FF) "Instant bingo" means a form of bingo
that uses folded or banded tickets or paper cards with perforated
break-open tabs, a face of which is covered or otherwise hidden
from view to conceal a number, letter, or symbol, or set of
numbers, letters, or symbols, some of which have been designated
in advance as prize winners. "Instant bingo" includes seal cards.
"Instant bingo" does not include any device that is activated by
the insertion of a coin, currency, token, or an equivalent, and
that contains as one of its components a video display monitor
that is capable of displaying numbers, letters, symbols, or
characters in winning or losing combinations.
(GG) "Seal card" means a form of instant
bingo that uses instant bingo tickets in conjunction with a board
or placard that contains one or more seals that, when removed or
opened, reveal predesignated winning numbers, letters, or
symbols.
(HH) "Raffle" means a form of bingo in which
the one or more prizes are won by one or more persons who have
purchased a raffle ticket. The one or more winners of the raffle
are determined by drawing a ticket stub or other detachable
section from a receptacle containing ticket stubs or detachable
sections corresponding to all tickets sold for the
raffle.
(II) "Punch board" means a board containing a
number of holes or receptacles of uniform size in which are
placed, mechanically and randomly, serially numbered slips of
paper that may be punched or drawn from the hole or receptacle
when used in conjunction with instant bingo. A player may punch or
draw the numbered slips of paper from the holes or receptacles and
obtain the prize established for the game if the number drawn
corresponds to a winning number or, if the punch board includes
the use of a seal card, a potential winning
number.
(JJ) "Gross profit" means gross receipts
minus the amount actually expended for the payment of prize
awards.
(KK) "Net profit" means gross profit minus
expenses.
(LL) "Expenses" means the reasonable amount
of gross profit actually expended for all of the
following:
(1) The purchase or lease of bingo
supplies;
(2) The annual license fee required under
section 2915.08 of the Revised Code;
(3) Bank fees and service charges for a bingo
session or game account described in section 2915.10 of the
Revised Code;
(4) Audits and accounting
services;
(7) Hiring security
personnel;
(9) Renting premises in which to conduct a
bingo session;
(11) Expenses for maintaining and operating a
charitable organization's facilities, including, but not limited
to, a post home, club house, lounge, tavern, or canteen and any
grounds attached to the post home, club house, lounge, tavern, or
canteen;
(12) Any other product or service directly
related to the conduct of bingo that is authorized in rules
adopted by the attorney general under division (B)(1) of section
2915.08 of the Revised Code.
(MM) "Person" has the same meaning as in
section 1.59 of the Revised Code and includes any firm or any
other legal entity, however organized.
(NN) "Revoke" means to void permanently all
rights and privileges of the holder of a license issued under
section 2915.08, 2915.081, or 2915.082, or
2915.083 of the Revised Code or a charitable gaming license
issued by another jurisdiction.
(OO) "Suspend" means to interrupt temporarily
all rights and privileges of the holder of a license issued under
section 2915.08, 2915.081, or 2915.082, or
2915.083 of the Revised Code or a charitable gaming license
issued by another jurisdiction.
(PP) "Distributor" means any person who
purchases or obtains bingo supplies and who does either of the
following:
(1) Sells, offers for sale, or otherwise
provides or offers to provide the bingo supplies to another person
for use in this state;
(2) Modifies, converts, adds to, or removes
parts from the bingo supplies to further their promotion or sale
for use in this state.
(QQ) "Manufacturer" means any person who
assembles completed bingo supplies from raw materials, other
items, or subparts or who modifies, converts, adds to, or removes
parts from bingo supplies to further their promotion or
sale.
(RR) "Gross annual revenues" means the annual
gross receipts derived from the conduct of bingo described in
division (S)(1) of this section plus the annual net profit derived
from the conduct of bingo described in division (S)(2) of this
section.
(SS) "Instant bingo ticket dispenser" means a
mechanical device that dispenses an instant bingo ticket or card
as the sole item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of
United States currency.
(2) It performs no gaming
functions.
(3) It does not contain a video display
monitor or generate noise.
(4) It is not capable of displaying any
numbers, letters, symbols, or characters in winning or losing
combinations.
(5) It does not simulate or display rolling
or spinning reels.
(6) It is incapable of determining whether a
dispensed bingo ticket or card is a winning or nonwinning ticket
or card and requires a winning ticket or card to be paid by a
bingo game operator.
(7) It may provide accounting and security
features to aid in accounting for the instant bingo tickets or
cards it dispenses.
(8) It is not part of an electronic network
and is not interactive.
(TT)(1) "Electronic bingo aid" means an
electronic device used by a participant to monitor bingo cards or
sheets purchased at the time and place of a bingo session and that
does all of the following:
(a) It provides a means for a participant to
input numbers and letters announced by a bingo
caller.
(b) It compares the numbers and letters
entered by the participant to the bingo faces previously stored in
the memory of the device.
(c) It identifies a winning bingo
pattern.
(2) "Electronic bingo aid" does not include
any device into which a coin, currency, token, or an equivalent is
inserted to activate play.
(UU) "Deal of instant bingo tickets" means a
single game of instant bingo tickets all with the same serial
number.
(VV)(1) "Slot machine"
machine means either of the
following:
(a) Any mechanical, electronic, video, or
digital device that is capable of accepting anything of value,
directly or indirectly, from or on behalf of a player who gives
the thing of value in the hope of gain, the outcome of which is
determined largely or wholly by chance;
(b) Any mechanical, electronic, video, or
digital device that is capable of accepting anything of value,
directly or indirectly, from or on behalf of a player to conduct
or dispense bingo or a scheme or game of chance.
(2) "Slot machine" does not include a
skill-based amusement machine.
(WW) "Net profit from the proceeds of the
sale of instant bingo" means gross profit minus the ordinary,
necessary, and reasonable expense expended for the purchase of
instant bingo supplies.
(XX) "Charitable instant bingo organization"
means an organization that is exempt from federal income taxation
under subsection 501(a) and described in subsection 501(c)(3) of
the Internal Revenue Code and is a charitable organization as
defined in this section. A "charitable instant bingo organization"
does not include a charitable organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or
a sporting organization in regards to bingo conducted or assisted
by a veteran's organization, a fraternal organization, or a
sporting organization pursuant to section 2915.13 of the Revised
Code.
(YY) "Game flare" means the board or placard
that accompanies each deal of instant bingo tickets and that has
printed on or affixed to it the following information for the
game:
(1) The name of the game;
(2) The manufacturer's name or distinctive
logo;
(5) The prize structure, including the number
of winning instant bingo tickets by denomination and the
respective winning symbol or number combinations for the winning
instant bingo tickets;
(7) The serial number of the
game.
(ZZ) "Historic railroad educational
organization" means an organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code, that owns in
fee simple the tracks and the right of way of a historic railroad
that the organization restores or maintains and on which the
organization provides excursions as part of a program to promote
tourism and educate visitors regarding the role of railroad
transportation in Ohio history, and that received as donations
from a charitable organization that holds a license to conduct
bingo under this chapter an amount equal to at least fifty per
cent of that licensed charitable organization's net proceeds from
the conduct of bingo during each of the five years preceding June
30, 2003. "Historic railroad" means all or a portion of the tracks
and right-of-way of a railroad that was owned and operated by a
for-profit common carrier in this state at any time prior
to January 1, 1950.
(AAA)(1) "Skill-based amusement machine"
means a skill-based amusement device, such as a mechanical,
electronic, video, or digital device, or machine, whether or not
the skill-based amusement machine requires payment for use through
a coin or bill validator or other payment of consideration or
value to participate in the machine's offering or to activate the
machine, provided that all of the following
apply:
(a) The machine involves a task, game, play,
contest, competition, or tournament in which the player actively
participates in the task, game, play, contest, competition, or
tournament.
(b) The outcome of an individual's play and
participation is not determined largely or wholly by
chance.
(c) The outcome of play during a game is not
controlled by a person not actively participating in the
game.
(2) All of the following apply to any machine
that is operated as described in division (AAA)(1) of this
section:
(a) As used in this section, "task," "game,"
and "play" mean one event from the initial activation of the
machine until the results of play are determined without payment
of additional consideration. An individual utilizing a machine
that involves a single task, game, play, contest, competition, or
tournament may be awarded prizes based on the results of
play.
(b) Advance play for a single task, game,
play, contest, competition, or tournament participation may be
purchased. The cost of the contest, competition, or tournament
participation may be greater than a single non-contest,
competition, or tournament play.
(c) To the extent that the machine is used in
a contest, competition, or tournament, that contest, competition,
or tournament has a defined starting and ending date and is open
to participants in competition for scoring and ranking results
toward the awarding of prizes that are stated prior to the start
of the contest, competition, or tournament.
(BBB) "Pool not conducted for profit" means a
scheme in which a participant gives a valuable consideration for a
chance to win a prize and the total amount of consideration
wagered is distributed to a participant or
participants.
(CCC) "Sporting organization" means a
hunting, fishing, or trapping organization, other than a college
or high school fraternity or sorority, that is not organized for
profit, that is affiliated with a state or national sporting
organization, including but not limited to, the Ohio
League league of sportsmen, and that has
been in continuous existence in this state for a period of three
years.
(DDD) "Community action agency" has the same
meaning as in section 122.66 of the Revised Code.
Sec. 2915.02. (A) No person
shall do any of the following:
(1) Engage in bookmaking, or knowingly engage
in conduct that facilitates bookmaking;
(2) Establish, promote, or operate or
knowingly engage in conduct that facilitates any game of chance
conducted for profit or any scheme of chance;
(3) Knowingly procure, transmit, exchange, or
engage in conduct that facilitates the procurement, transmission,
or exchange of information for use in establishing odds or
determining winners in connection with bookmaking or with any game
of chance conducted for profit or any scheme of
chance;
(4) Engage in betting or in playing any
scheme or game of chance as a substantial source of income or
livelihood;
(5) With purpose to violate division (A)(1),
(2), (3), or (4) of this section, acquire, possess, control, or
operate any gambling device.
(B) For purposes of division (A)(1) of this
section, a person facilitates bookmaking if the person in any way
knowingly aids an illegal bookmaking operation, including, without
limitation, placing a bet with a person engaged in or facilitating
illegal bookmaking. For purposes of division (A)(2) of this
section, a person facilitates a game of chance conducted for
profit or a scheme of chance if the person in any way knowingly
aids in the conduct or operation of any such game or scheme,
including, without limitation, playing any such game or
scheme.
(C) This section does not prohibit conduct in
connection with gambling expressly permitted by
law.
(D) This section does not apply to any of the
following:
(1) Games of chance, if all of the following
apply:
(a) The games of chance are not craps for
money or roulette for money.
(b) The games of chance are conducted by a
charitable organization that is, and has received from the
internal revenue service a determination letter that is currently
in effect, stating that the organization is, exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue
Code.
(c) The games of chance are conducted at
festivals of the charitable organization that are conducted either
for a period of four consecutive days or less and not more than
twice a year or for a period of five consecutive days not more
than once a year, and are conducted on premises owned by the
charitable organization for a period of no less than one year
immediately preceding the conducting of the games of chance, on
premises leased from a governmental unit, or on premises that are
leased from a veteran's or fraternal organization and that have
been owned by the lessor veteran's or fraternal organization for a
period of no less than one year immediately preceding the
conducting of the games of chance.
A charitable organization shall not lease
premises from a veteran's or fraternal organization to conduct a
festival described in division (D)(1)(c) of this section if the
veteran's or fraternal organization already has leased the
premises four times during the preceding year to charitable
organizations for that purpose. If a charitable organization
leases premises from a veteran's or fraternal organization to
conduct a festival described in division (D)(1)(c) of this
section, the charitable organization shall not pay a rental rate
for the premises per day of the festival that exceeds the rental
rate per bingo session that a charitable organization may pay
under division (B)(1) of section 2915.09 of the Revised Code when
it leases premises from another charitable organization to conduct
bingo games.
(d) All of the money or assets received from
the games of chance after deduction only of prizes paid out during
the conduct of the games of chance are used by, or given, donated,
or otherwise transferred to, any organization that is described in
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal
Revenue Code and is either a governmental unit or an organization
that is tax exempt under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue
Code;
(e) The games of chance are not conducted
during, or within ten hours of, a bingo game conducted for
amusement purposes only pursuant to section 2915.12 of the Revised
Code.
No person shall receive any commission, wage,
salary, reward, tip, donation, gratuity, or other form of
compensation, directly or indirectly, for operating or assisting
in the operation of any game of chance.
(2) Any tag fishing tournament operated under
a permit issued under section 1533.92 of the Revised Code, as "tag
fishing tournament" is defined in section 1531.01 of the Revised
Code;
(3) Bingo conducted by a charitable
organization that holds a license issued under section 2915.08
or 2915.083 of the Revised Code.
(E) Division (D) of this section shall not be
construed to authorize the sale, lease, or other temporary or
permanent transfer of the right to conduct games of chance, as
granted by that division, by any charitable organization that is
granted that right.
(F) Whoever violates this section is guilty
of gambling, a misdemeanor of the first degree. If the offender
previously has been convicted of any gambling offense, gambling is
a felony of the fifth degree.
Sec. 2915.07. (A) No
person, except a charitable organization that has obtained a
license pursuant to section 2915.08 or 2915.083 of the
Revised Code, shall conduct or advertise bingo. This division does
not apply to a raffle that a charitable organization conducts or
advertises.
(B) Whoever violates this section is guilty
of conducting illegal bingo, a felony of the fourth
degree.
Sec. 2915.081. (A) No
distributor shall sell, offer to sell, or otherwise provide or
offer to provide bingo supplies to another person, or modify,
convert, add to, or remove parts from bingo supplies to further
their promotion or sale, for use in this state without having
obtained a license from the attorney general under this
section.
(B) The attorney general may issue a
distributor license to any person that meets the requirements of
this section. The application for the license shall be on a form
prescribed by the attorney general and be accompanied by the
annual fee prescribed by this section. The license is valid for a
period of one year, and the annual fee for the license is five
thousand dollars.
(C) The attorney general may refuse to issue
a distributor license to any person to which any of the following
applies, or to any person that has an officer, partner, or other
person who has an ownership interest of ten per cent or more and
to whom any of the following applies:
(1) The person, officer, or partner has been
convicted of a felony under the laws of this state, another state,
or the United States.
(2) The person, officer, or partner has been
convicted of any gambling offense.
(3) The person, officer, or partner has made
an incorrect or false statement that is material to the granting
of a license in an application submitted to the attorney general
under this section or in a similar application submitted to a
gambling licensing authority in another jurisdiction if the
statement resulted in license revocation through administrative
action in the other jurisdiction.
(4) The person, officer, or partner has
submitted any incorrect or false information relating to the
application to the attorney general under this section, if the
information is material to the granting of the
license.
(5) The person, officer, or partner has
failed to correct any incorrect or false information that is
material to the granting of the license in the records required to
be maintained under division (E) of section 2915.10 of the Revised
Code.
(6) The person, officer, or partner has had a
license related to gambling revoked or suspended under the laws of
this state, another state, or the United States.
(D) The attorney general shall not issue a
distributor license to any person that is involved in the conduct
of bingo on behalf of a charitable organization or that is a
lessor of premises used for the conduct of bingo. This division
does not prohibit a distributor from advising charitable
organizations on the use and benefit of specific bingo supplies or
prohibit a distributor from advising a customer on operational
methods to improve bingo profitability.
(E)(1) No distributor shall sell, offer to
sell, or otherwise provide or offer to provide bingo supplies to
any person, or modify, convert, add to, or remove parts from bingo
supplies to further their promotion or sale, for use in this state
except to or for the use of a charitable organization that has
been issued a license under section 2915.08 or 2915.083 of
the Revised Code or to another distributor that has been issued a
license under this section. No distributor shall accept payment
for the sale or other provision of bingo supplies other than by
check.
(2) No distributor may donate, give, loan,
lease, or otherwise provide any bingo supplies or equipment, or
modify, convert, add to, or remove parts from bingo supplies to
further their promotion or sale, to or for the use of a charitable
organization for use in a bingo session conditioned on or in
consideration for an exclusive right to provide bingo supplies to
the charitable organization. A distributor may provide a licensed
charitable organization with free samples of the distributor's
products to be used as prizes or to be used for the purpose of
sampling.
(3) No distributor shall purchase bingo
supplies for use in this state from any person except from a
manufacturer issued a license under section 2915.082 of the
Revised Code or from another distributor issued a license under
this section. Subject to division (D) of section 2915.082 of the
Revised Code, no distributor shall pay for purchased bingo
supplies other than by check.
(4) No distributor shall participate in the
conduct of bingo on behalf of a charitable organization or have
any direct or indirect ownership interest in a premises used for
the conduct of bingo.
(5) No distributor shall knowingly solicit,
offer, pay, or receive any kickback, bribe, or undocumented
rebate, directly or indirectly, overtly or covertly, in cash or in
kind, in return for providing bingo supplies to any person in this
state.
(F) The attorney general may suspend or
revoke a distributor license for any of the reasons for which the
attorney general may refuse to issue a distributor license
specified in division (C) of this section or if the distributor
holding the license violates any provision of this chapter or any
rule adopted by the attorney general under this
chapter.
(G) Whoever violates division (A) or (E) of
this section is guilty of illegally operating as a distributor.
Except as otherwise provided in this division, illegally operating
as a distributor is a misdemeanor of the first degree. If the
offender previously has been convicted of a violation of division
(A) or (E) of this section, illegally operating as a distributor
is a felony of the fifth degree.
Sec. 2915.083. (A) At
least thirty business days before the event, a charitable
organization that does not have a license to conduct bingo under
section 2915.08 of the Revised Code and that desires to conduct
bingo, instant bingo at a bingo session, or instant bingo other
than at a bingo session at an event shall make out, upon a form to
be furnished by the attorney general for that purpose, an
application for a short-term license to conduct bingo, instant
bingo at a bingo session, or instant bingo other than at a bingo
session and deliver that application to the attorney general
together with a license fee of fifty dollars. The short-term
license shall be in effect for seventy-two hours from the time
when the event begins. A charitable organization may apply for no
more than two short-term licenses to conduct bingo, instant bingo
at a bingo session, or instant bingo other than at a bingo session
during a calendar year.
(B)(1) The application shall be in the
form prescribed by the attorney general, shall be signed and sworn
to by the applicant, and shall contain the information described
in divisions (A)(2)(a) to (f) of section 2915.08 of the Revised
Code.
(2) The charitable organization is not
required to submit information on the application other than the
information that is described in divisions (A)(2)(a) to (f) of
section 2915.08 of the Revised Code.
(C) Except as otherwise provided in
division (D) of this section, the attorney general shall issue a
short-term license to conduct bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session to a
charitable organization that timely submits an application under
division (A) of this section within ten business days after
receiving the application from the charitable
organization.
(D) The attorney general may refuse to
grant a short-term license to conduct bingo, instant bingo at a
bingo session, or instant bingo other than at a bingo session to
any charitable organization, or revoke or suspend the short-term
license of any charitable organization, that does any of the
following or to which any of the following
applies:
(1) The organization fails or has failed
at any time to meet any requirement of section 109.26, 109.31, or
1716.02, or sections 2915.07 to 2915.11 of the Revised Code, or
violates or has violated any provision of sections 2915.02 or
2915.07 to 2915.13 of the Revised Code or any rule adopted by the
attorney general pursuant to this section.
(2) The organization makes or has made an
incorrect or false statement that is material to the granting of
the short-term license to conduct bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session in an
application filed pursuant to division (A) of this
section.
(3) The organization submits or has
submitted any incorrect or false information relating to an
application filed pursuant to division (A) of this section if the
information is material to the granting of the short-term license
to conduct bingo, instant bingo at a bingo session, or instant
bingo other than at a bingo session.
(4) The attorney general has good cause to
believe that the organization will not conduct bingo, instant
bingo at a bingo session, or instant bingo other than at a bingo
session in accordance with sections 2915.07 to 2915.13 of the
Revised Code.
(E) A short-term license to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session issued by the attorney general shall set forth the
information contained on the application of the charitable
organization that the attorney general determines is relevant,
including, but not limited to, the location at which the
organization will conduct bingo, instant bingo at a bingo session,
or instant bingo other than at a bingo session, and the dates and
times on each of those dates when bingo will be conducted. If the
attorney general refuses to grant or revokes or suspends a
short-term license to conduct bingo, instant bingo at a bingo
session, or instant bingo other than at a bingo session, the
attorney general shall notify the applicant in writing and
specifically identify the reason for the refusal, revocation, or
suspension in narrative form and, if applicable, by identifying
the section of the Revised Code violated. The failure of the
attorney general to give the written notice of the reasons for the
refusal, revocation, or suspension or a mistake in the written
notice does not affect the validity of the attorney general's
refusal to grant, or the revocation or suspension of, a short-term
license to conduct bingo, instant bingo at a bingo session, or
instant bingo other than at a bingo session. If the attorney
general fails to give the written notice or if there is a mistake
in the written notice, the applicant may bring an action to compel
the attorney general to comply with this division or to correct
the mistake, but the attorney general's order refusing to grant,
or revoking or suspending, a short-term license to conduct bingo,
instant bingo at a bingo session, or instant bingo other than at a
bingo session shall not be enjoined during the pendency of the
action.
Sec. 2915.09. (A) No
charitable organization that conducts bingo shall fail to do any
of the following:
(1) Own all of the equipment used to conduct
bingo or lease that equipment from a charitable organization that
is licensed to conduct bingo for a rental rate that is not more
than is customary and reasonable for that
equipment;
(2) Except as otherwise provided in division
(A)(3) of this section, use all of the gross receipts from bingo
for paying prizes, for reimbursement of expenses for or for
renting premises in which to conduct a bingo session, for
reimbursement of expenses for or for purchasing or leasing bingo
supplies used in conducting bingo, for reimbursement of expenses
for or for hiring security personnel, for reimbursement of
expenses for or for advertising bingo, or for reimbursement of
other expenses or for other expenses listed in division (LL) of
section 2915.01 of the Revised Code, provided that the amount of
the receipts so spent is not more than is customary and reasonable
for a similar purchase, lease, hiring, advertising, or expense. If
the building in which bingo is conducted is owned by the
charitable organization conducting bingo and the bingo conducted
includes a form of bingo described in division (S)(1) of section
2915.01 of the Revised Code, the charitable organization may
deduct from the total amount of the gross receipts from each
session a sum equal to the lesser of six hundred dollars or
forty-five per cent of the gross receipts from the bingo described
in that division as consideration for the use of the
premises.
(3) Use, or give, donate, or otherwise
transfer, all of the net profit derived from bingo, other than
instant bingo, for a charitable purpose listed in its license
application and described in division (Z) of section 2915.01 of
the Revised Code, or distribute all of the net profit from the
proceeds of the sale of instant bingo as stated in its license
application and in accordance with section 2915.101 of the Revised
Code.
(B) No charitable organization that conducts
a bingo game described in division (S)(1) of section 2915.01 of
the Revised Code shall fail to do any of the
following:
(1) Conduct the bingo game on premises that
are owned by the charitable organization, on premises that are
owned by another charitable organization and leased from that
charitable organization for a rental rate not in excess of the
lesser of six hundred dollars per bingo session or forty-five per
cent of the gross receipts of the bingo session, on premises that
are leased from a person other than a charitable organization for
a rental rate that is not more than is customary and reasonable
for premises that are similar in location, size, and quality but
not in excess of four hundred fifty dollars per bingo session, or
on premises that are owned by a person other than a charitable
organization, that are leased from that person by another
charitable organization, and that are subleased from that other
charitable organization by the charitable organization for a
rental rate not in excess of four hundred fifty dollars per bingo
session. If the charitable organization leases from a person other
than a charitable organization the premises on which it conducts
bingo sessions, the lessor of the premises shall provide only the
premises to the organization and shall not provide the
organization with bingo game operators, security personnel,
concessions or concession operators, bingo supplies, or any other
type of service or equipment. A charitable organization shall not
lease or sublease premises that it owns or leases to more than one
other charitable organization per calendar week for the purpose of
conducting bingo sessions on the premises. A person that is not a
charitable organization shall not lease premises that it owns,
leases, or otherwise is empowered to lease to more than one
charitable organization per calendar week for conducting bingo
sessions on the premises. In no case shall more than two bingo
sessions be conducted on any premises in any calendar
week.
(2) Display its license conspicuously at the
premises where the bingo session is conducted;
(3) Conduct the bingo session in accordance
with the definition of bingo set forth in division (S)(1) of
section 2915.01 of the Revised Code.
(C) No charitable organization that conducts
a bingo game described in division (S)(1) of section 2915.01 of
the Revised Code shall do any of the following:
(1) Pay any compensation to a bingo game
operator for operating a bingo session that is conducted by the
charitable organization or for preparing, selling, or serving food
or beverages at the site of the bingo session, permit any
auxiliary unit or society of the charitable organization to pay
compensation to any bingo game operator who prepares, sells, or
serves food or beverages at a bingo session conducted by the
charitable organization, or permit any auxiliary unit or society
of the charitable organization to prepare, sell, or serve food or
beverages at a bingo session conducted by the charitable
organization, if the auxiliary unit or society pays any
compensation to the bingo game operators who prepare, sell, or
serve the food or beverages;
(2) Pay consulting fees to any person for any
services performed in relation to the bingo
session;
(3) Pay concession fees to any person who
provides refreshments to the participants in the bingo
session;
(4) Except as otherwise provided in division
(C)(4) of this section, conduct more than two bingo sessions in
any seven-day period. A volunteer firefighter's organization or a
volunteer rescue service organization that conducts not more than
five bingo sessions in a calendar year may conduct more than two
bingo sessions in a seven-day period after notifying the attorney
general when it will conduct the sessions.
(5) Pay out more than three thousand five
hundred dollars in prizes for bingo games described in division
(S)(1) of section 2915.01 of the Revised Code during any bingo
session that is conducted by the charitable organization. "Prizes"
does not include awards from the conduct of instant
bingo.
(6) Conduct a bingo session at any time
during the ten-hour period between midnight and ten a.m., at any
time during, or within ten hours of, a bingo game conducted for
amusement only pursuant to section 2915.12 of the Revised Code, at
any premises not specified on its license, or on any day of the
week or during any time period not specified on its license.
Division (A)(6) of this section does not prohibit the sale of
instant bingo tickets beginning at nine a.m. for a bingo session
that begins at ten a.m. If
If circumstances make it impractical
for the a charitable organization that
is issued a license under section 2915.08 of the Revised Code
to conduct a bingo session at the premises, or on the day of the
week or at the time, specified on its license or if such a
charitable organization wants to conduct bingo sessions on a day
of the week or at a time other than the day or time specified on
its license, the charitable organization may apply in writing to
the attorney general for an amended license pursuant to division
(F) of section 2915.08 of the Revised Code. A charitable
organization may apply twice in each calendar year for an amended
license to conduct bingo sessions on a day of the week or at a
time other than the day or time specified on its license. If the
amended license is granted, the organization may conduct bingo
sessions at the premises, on the day of the week, and at the time
specified on its amended license.
(7) Permit any person whom the charitable
organization knows, or should have known, is under the age of
eighteen to work as a bingo game operator;
(8) Permit any person whom the charitable
organization knows, or should have known, has been convicted of a
felony or gambling offense in any jurisdiction to be a bingo game
operator;
(9) Permit the lessor of the premises on
which the bingo session is conducted, if the lessor is not a
charitable organization, to provide the charitable organization
with bingo game operators, security personnel, concessions, bingo
supplies, or any other type of service or
equipment;
(10) Purchase or lease bingo supplies from
any person except a distributor issued a license under section
2915.081 of the Revised Code;
(11)(a) Use or permit the use of electronic
bingo aids except under the following
circumstances:
(i) For any single participant, not more than
ninety bingo faces can be played using an electronic bingo aid or
aids.
(ii) The charitable organization shall
provide a participant using an electronic bingo aid with
corresponding paper bingo cards or sheets.
(iii) The total price of bingo faces played
with an electronic bingo aid shall be equal to the total price of
the same number of bingo faces played with a paper bingo card or
sheet sold at the same bingo session but without an electronic
bingo aid.
(iv) An electronic bingo aid cannot be part
of an electronic network other than a network that includes only
bingo aids and devices that are located on the premises at which
the bingo is being conducted or be interactive with any device not
located on the premises at which the bingo is being
conducted.
(v) An electronic bingo aid cannot be used to
participate in bingo that is conducted at a location other than
the location at which the bingo session is conducted and at which
the electronic bingo aid is used.
(vi) An electronic bingo aid cannot be used
to provide for the input of numbers and letters announced by a
bingo caller other than the bingo caller who physically calls the
numbers and letters at the location at which the bingo session is
conducted and at which the electronic bingo aid is
used.
(b) The attorney general may adopt rules in
accordance with Chapter 119. of the Revised Code that govern the
use of electronic bingo aids. The rules may include a requirement
that an electronic bingo aid be capable of being audited by the
attorney general to verify the number of bingo cards or sheets
played during each bingo session.
(12) Permit any person the charitable
organization knows, or should have known, to be under eighteen
years of age to play bingo described in division (S)(1) of section
2915.01 of the Revised Code.
(D)(1) Except as otherwise provided in
division (D)(3) of this section, no charitable organization shall
provide to a bingo game operator, and no bingo game operator shall
receive or accept, any commission, wage, salary, reward, tip,
donation, gratuity, or other form of compensation, directly or
indirectly, regardless of the source, for conducting bingo or
providing other work or labor at the site of bingo during a bingo
session.
(2) Except as otherwise provided in division
(D)(3) of this section, no charitable organization shall provide
to a bingo game operator any commission, wage, salary, reward,
tip, donation, gratuity, or other form of compensation, directly
or indirectly, regardless of the source, for conducting instant
bingo other than at a bingo session at the site of instant bingo
other than at a bingo session.
(3) Nothing in division (D) of this section
prohibits an employee of a fraternal organization, veteran's
organization, or sporting organization from selling instant bingo
tickets or cards to the organization's members or invited guests,
as long as no portion of the employee's compensation is paid from
any receipts of bingo.
(E) Notwithstanding division (B)(1) of this
section, a charitable organization that, prior to December 6,
1977, has entered into written agreements for the lease of
premises it owns to another charitable organization or other
charitable organizations for the conducting of bingo sessions so
that more than two bingo sessions are conducted per calendar week
on the premises, and a person that is not a charitable
organization and that, prior to December 6, 1977, has entered into
written agreements for the lease of premises it owns to charitable
organizations for the conducting of more than two bingo sessions
per calendar week on the premises, may continue to lease the
premises to those charitable organizations, provided that no more
than four sessions are conducted per calendar week, that the
lessor organization or person has notified the attorney general in
writing of the organizations that will conduct the sessions and
the days of the week and the times of the day on which the
sessions will be conducted, that the initial lease entered into
with each organization that will conduct the sessions was filed
with the attorney general prior to December 6, 1977, and that each
organization that will conduct the sessions was issued a license
to conduct bingo games by the attorney general prior to December
6, 1977.
(F) This section does not prohibit a bingo
licensed charitable organization or a game operator from giving
any person an instant bingo ticket as a prize.
(G) Whoever violates division (A)(2) of this
section is guilty of illegally conducting a bingo game, a felony
of the fourth degree. Except as otherwise provided in this
division, whoever violates division (A)(1) or (3), (B)(1), (2), or
(3), (C)(1) to (12), or (D) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of a
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)
to (11), or, (D) of this section, a violation of
division (A)(1) or (3), (B)(1), (2), or (3), (C), or (D) of this
section is a misdemeanor of the first degree. Whoever violates
division (C)(12) of this section is guilty of a misdemeanor of the
first degree, if the offender previously has been convicted of a
violation of division (C)(12) of this section, a felony of the
fourth degree.
Sec. 2915.091. (A) No
charitable organization that conducts instant bingo shall do any
of the following:
(1) Fail to comply with the requirements of
divisions (A)(1), (2), and (3) of section 2915.09 of the Revised
Code;
(2) Conduct instant bingo unless either of
the following apply:
(a) That organization is, and has received
from the internal revenue service a determination letter that is
currently in effect stating that the organization is, exempt from
federal income taxation under subsection 501(a), is described in
subsection 501(c)(3) of the Internal Revenue Code, is a charitable
organization as defined in section 2915.01 of the Revised Code, is
in good standing in the state pursuant to section 2915.08 or
2915.083 of the Revised Code, and is in compliance with
Chapter 1716. of the Revised Code;
(b) That organization is, and has received
from the internal revenue service a determination letter that is
currently in effect stating that the organization is, exempt from
federal income taxation under subsection 501(a), is described in
subsection 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a
veteran's organization described in subsection 501(c)(4) of the
Internal Revenue Code, and conducts instant bingo under section
2915.13 of the Revised Code.
(3) Conduct instant bingo on any day, at any
time, or at any premises not specified on the organization's
license issued pursuant to section 2915.08 or 2915.083 of
the Revised Code;
(4) Permit any person whom the organization
knows or should have known has been convicted of a felony or
gambling offense in any jurisdiction to be a bingo game operator
in the conduct of instant bingo;
(5) Purchase or lease supplies used to
conduct instant bingo or punch board games from any person except
a distributor licensed under section 2915.081 of the Revised
Code;
(6) Sell or provide any instant bingo ticket
or card for a price different from the price printed on it by the
manufacturer on either the instant bingo ticket or card or on the
game flare;
(7) Sell an instant bingo ticket or card to a
person under eighteen years of age;
(8) Fail to keep unsold instant bingo tickets
or cards for less than three years;
(9) Pay any compensation to a bingo game
operator for conducting instant bingo that is conducted by the
organization or for preparing, selling, or serving food or
beverages at the site of the instant bingo game, permit any
auxiliary unit or society of the organization to pay compensation
to any bingo game operator who prepares, sells, or serves food or
beverages at an instant bingo game conducted by the organization,
or permit any auxiliary unit or society of the organization to
prepare, sell, or serve food or beverages at an instant bingo game
conducted by the organization, if the auxiliary unit or society
pays any compensation to the bingo game operators who prepare,
sell, or serve the food or beverages;
(10) Pay fees to any person for any services
performed in relation to an instant bingo game;
(11) Pay fees to any person who provides
refreshments to the participants in an instant bingo
game;
(12)(a) Allow instant bingo tickets or cards
to be sold to bingo game operators at a premises at which the
organization sells instant bingo tickets or cards or to be sold to
employees of a D permit holder who are working at a premises at
which instant bingo tickets or cards are sold;
(b) Division (A)(12)(a) of this section does
not prohibit a licensed charitable organization or a bingo game
operator from giving any person an instant bingo
tickets ticket as a
prize.
(13) Fail to display its bingo license, and
the serial numbers of the deal of instant bingo tickets or cards
to be sold, conspicuously at each premises at which it sells
instant bingo tickets or cards;
(14) Possess a deal of instant bingo tickets
or cards that was not purchased from a distributor licensed under
section 2915.081 of the Revised Code as reflected on an invoice
issued by the distributor that contains all of the information
required by division (E) of section 2915.10 of the Revised
Code;
(15) Fail, once it opens a deal of instant
bingo tickets or cards, to continue to sell the tickets or cards
in that deal until the tickets or cards with the top two highest
tiers of prizes in that deal are sold;
(16) Purchase, lease, or use instant bingo
ticket dispensers to sell instant bingo tickets or
cards;
(17) Possess bingo supplies that were not
obtained in accordance with sections 2915.01 to 2915.13 of the
Revised Code.
(B) A charitable organization may conduct
instant bingo other than at a bingo session at not more than five
separate locations. A charitable organization that is exempt from
federal taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization or a fraternal organization is
not limited in the number of separate locations the charitable
organization may conduct instant bingo other than at a bingo
session.
(C) The attorney general may adopt rules in
accordance with Chapter 119. of the Revised Code that govern the
conduct of instant bingo by charitable organizations. Before those
rules are adopted, the attorney general shall reference the
recommended standards for opacity, randomization, minimum
information, winner protection, color, and cutting for instant
bingo tickets or cards, seal cards, and punch boards established
by the North American gaming regulators
association.
(D) Whoever violates division (A) of this
section or a rule adopted under division (C) of this section is
guilty of illegal instant bingo conduct. Except as otherwise
provided in this division, illegal instant bingo conduct is a
misdemeanor of the first degree. If the offender previously has
been convicted of a violation of division (A) of this section or
of such a rule, illegal instant bingo conduct is a felony of the
fifth degree.
Section 2. That existing
sections 109.32, 2915.01, 2915.02, 2915.07, 2915.081, 2915.09, and
2915.091 of the Revised Code are hereby
repealed. |
|