As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 605

Representative Huffman 

Cosponsors: Representatives Blessing, Antonio, Driehaus, Garland, Mallory, McClain, Murray, Stebelton Speaker Batchelder 

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A BILL

To amend sections 109.54, 2915.01, and 2915.02 of the

1

Revised Code to permit the Bureau of Criminal

2

Identification and Investigation to investigate

3

criminal activity involving the operation of a

4

scheme of chance under the Gambling Law, to

5

require the Attorney General to adopt rules

6

describing certain prohibited schemes of chance

7

that use an electronic device to reveal the

8

results, and to make other changes related to

9

schemes of chance.

10

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

Section 1. That sections 109.54, 2915.01, and 2915.02 of the	11
Revised Code be amended to read as follows:	12

Sec. 109.54.  (A) The bureau of criminal identification and	13
investigation may investigate any criminal activity in this state	14
that is of statewide or intercounty concern when requested by	15
local authorities and may aid federal authorities, when requested,	16
in their investigation of any criminal activity in this state. The	17
bureau may investigate any criminal activity in this state related	18
to the conduct of elections when requested by the secretary of	19
state. The bureau may investigate any criminal activity in this	20
state involving drug abuse or illegal drug distribution prohibited	21
under Chapter 3719. or 4729. of the Revised Code or any violation	22
of section 2915.02 of the Revised Code. The superintendent and any	23
agent of the bureau may participate, as the director of an	24
organized crime task force established under section 177.02 of the	25
Revised Code or as a member of the investigatory staff of a task	26
force established under that section, in an investigation of	27
organized criminal activity anywhere within this state under	28
sections 177.01 to 177.03 of the Revised Code.	29

(B) The bureau may provide any trained investigative	30
personnel and specialized equipment that are requested by any	31
sheriff or chief of police, by the authorized designee of any	32
sheriff or chief of police, or by any other authorized law	33
enforcement officer to aid and assist the officer in the	34
investigation and solution of any crime or the control of any	35
criminal activity occurring within the officer's jurisdiction.	36
This assistance shall be furnished by the bureau without	37
disturbing or impairing any of the existing law enforcement	38
authority or the prerogatives of local law enforcement authorities	39
or officers. Investigators provided pursuant to this section, or	40
engaged in an investigation pursuant to section 109.83 of the	41
Revised Code, may go armed in the same manner as sheriffs and	42
regularly appointed police officers under section 2923.12 of the	43
Revised Code.	44

(C)(1) The bureau shall obtain recording equipment that can	45
be used to record depositions of the type described in division	46
(A) of section 2152.81 and division (A) of section 2945.481 of the	47
Revised Code, or testimony of the type described in division (D)	48
of section 2152.81 and division (D) of section 2945.481 or in	49
division (C) of section 2937.11 of the Revised Code, shall obtain	50
closed circuit equipment that can be used to televise testimony of	51
the type described in division (C) of section 2152.81 and division	52
(C) of section 2945.481 or in division (B) of section 2937.11 of	53
the Revised Code, and shall provide the equipment, upon request,	54
to any court for use in recording any deposition or testimony of	55
one of those types or in televising the testimony in accordance	56
with the applicable division.	57

(2) The bureau shall obtain the names, addresses, and	58
telephone numbers of persons who are experienced in questioning	59
children in relation to an investigation of a violation of section	60
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	61
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	62
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	63
offense of violence and shall maintain a list of those names,	64
addresses, and telephone numbers. The list shall include a	65
classification of the names, addresses, and telephone numbers by	66
appellate district. Upon request, the bureau shall provide any	67
county sheriff, chief of police, prosecuting attorney, village	68
solicitor, city director of law, or similar chief legal officer	69
with the name, address, and telephone number of any person	70
contained in the list.	71

Sec. 2915.01.  As used in this chapter:

72

(A) "Bookmaking" means the business of receiving or paying	73
off bets.	74

(B) "Bet" means the hazarding of anything of value upon the	75
result of an event, undertaking, or contingency, but does not	76
include a bona fide business risk.	77

(C) "Scheme of chance" means a slot machine unless authorized	78
under Chapter 3772. of the Revised Code, lottery unless authorized	79
under Chapter 3770. of the Revised Code, numbers game, pool	80
conducted for profit, or other scheme in which a participant gives	81
a valuable consideration for a chance to win a prize, but does not	82
include bingo, a skill-based amusement machine, or a pool not	83
conducted for profit. "Scheme of chance" includes the use of an	84
electronic device to reveal the results of a game entry if	85
valuable consideration is paid, directly or indirectly, for a	86
chance to win a prize. Valuable consideration is deemed to be paid	87
for a chance to win a prize in the following instances:	88

(1) Less than fifty per cent of the goods or services sold by	89
a scheme of chance operator in exchange for game entries are used	90
or redeemed by participants at any one location;	91

(2) Less than fifty per cent of participants who purchase	92
goods or services at any one location do not accept, use, or	93
redeem the goods or services sold or purportedly sold;	94

(3) More than fifty per cent of prizes at any one location	95
are revealed to participants through an electronic device	96
simulating a game of chance or a "casino game" as defined in	97
section 3772.01 of the Revised Code;	98

(4) The good or service sold by a scheme of chance operator	99
in exchange for a game entry cannot be used or redeemed in the	100
manner advertised;	101

(5) A participant pays more than fair market value for goods	102
or services offered by a scheme of chance operator in order to	103
receive one or more game entries;	104

(6) A participant may use the electronic device to purchase	105
additional game entries;	106

(7) A participant may purchase additional game entries by	107
using points or credits won as prizes while using the electronic	108
device;	109

(8) A scheme of chance operator pays out in prize money more	110
than twenty per cent of the gross revenue received at one	111
location; or	112

(9) A participant makes a purchase or exchange in order to	113
obtain any good or service that may be used to facilitate play on	114
the electronic device.	115

(D) "Game of chance" means poker, craps, roulette, or other	116
game in which a player gives anything of value in the hope of	117
gain, the outcome of which is determined largely by chance, but	118
does not include bingo.	119

(E) "Game of chance conducted for profit" means any game of	120
chance designed to produce income for the person who conducts or	121
operates the game of chance, but does not include bingo.	122

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

123

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

124

(2) A ticket, token, or other device representing a chance,	125
share, or interest in a scheme of chance or evidencing a bet;	126

(3) A deck of cards, dice, gaming table, roulette wheel, slot	127
machine, or other apparatus designed for use in connection with a	128
game of chance;	129

(4) Any equipment, device, apparatus, or paraphernalia	130
specially designed for gambling purposes;	131

(5) Bingo supplies sold or otherwise provided, or used, in	132
violation of this chapter.	133

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

134

(1) A violation of section 2915.02, 2915.03, 2915.04,	135
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	136
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	137

(2) A violation of an existing or former municipal ordinance	138
or law of this or any other state or the United States	139
substantially equivalent to any section listed in division (G)(1)	140
of this section or a violation of section 2915.06 of the Revised	141
Code as it existed prior to July 1, 1996;	142

(3) An offense under an existing or former municipal	143
ordinance or law of this or any other state or the United States,	144
of which gambling is an element;	145

(4) A conspiracy or attempt to commit, or complicity in	146
committing, any offense under division (G)(1), (2), or (3) of this	147
section.	148

(H) Except as otherwise provided in this chapter, "charitable	149
organization" means either of the following:	150

(1) An organization that is, and has received from the	151
internal revenue service a determination letter that currently is	152
in effect stating that the organization is, exempt from federal	153
income taxation under subsection 501(a) and described in	154
subsection 501(c)(3) of the Internal Revenue Code;	155

(2) A volunteer rescue service organization, volunteer	156
firefighter's organization, veteran's organization, fraternal	157
organization, or sporting organization that is exempt from federal	158
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	159
(c)(10), or (c)(19) of the Internal Revenue Code.	160

To qualify as a "charitable organization," an organization	161
shall have been in continuous existence as such in this state for	162
a period of two years immediately preceding either the making of	163
an application for a bingo license under section 2915.08 of the	164
Revised Code or the conducting of any game of chance as provided	165
in division (D) of section 2915.02 of the Revised Code.	166

(I) "Religious organization" means any church, body of	167
communicants, or group that is not organized or operated for	168
profit and that gathers in common membership for regular worship	169
and religious observances.	170

(J) "Veteran's organization" means any individual post or	171
state headquarters of a national veteran's association or an	172
auxiliary unit of any individual post of a national veteran's	173
association, which post, state headquarters, or auxiliary unit is	174
incorporated as a nonprofit corporation and either has received a	175
letter from the state headquarters of the national veteran's	176
association indicating that the individual post or auxiliary unit	177
is in good standing with the national veteran's association or has	178
received a letter from the national veteran's association	179
indicating that the state headquarters is in good standing with	180
the national veteran's association. As used in this division,	181
"national veteran's association" means any veteran's association	182
that has been in continuous existence as such for a period of at	183
least five years and either is incorporated by an act of the	184
United States congress or has a national dues-paying membership of	185
at least five thousand persons.	186

(K) "Volunteer firefighter's organization" means any	187
organization of volunteer firefighters, as defined in section	188
146.01 of the Revised Code, that is organized and operated	189
exclusively to provide financial support for a volunteer fire	190
department or a volunteer fire company and that is recognized or	191
ratified by a county, municipal corporation, or township.	192

(L) "Fraternal organization" means any society, order, state	193
headquarters, or association within this state, except a college	194
or high school fraternity, that is not organized for profit, that	195
is a branch, lodge, or chapter of a national or state	196
organization, that exists exclusively for the common business or	197
sodality of its members.	198

(M) "Volunteer rescue service organization" means any	199
organization of volunteers organized to function as an emergency	200
medical service organization, as defined in section 4765.01 of the	201
Revised Code.	202

(N) "Charitable bingo game" means any bingo game described in	203
division (O)(1) or (2) of this section that is conducted by a	204
charitable organization that has obtained a license pursuant to	205
section 2915.08 of the Revised Code and the proceeds of which are	206
used for a charitable purpose.	207

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

208

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

209

(a) The participants use bingo cards or sheets, including	210
paper formats and electronic representation or image formats, that	211
are divided into twenty-five spaces arranged in five horizontal	212
and five vertical rows of spaces, with each space, except the	213
central space, being designated by a combination of a letter and a	214
number and with the central space being designated as a free	215
space.	216

(b) The participants cover the spaces on the bingo cards or	217
sheets that correspond to combinations of letters and numbers that	218
are announced by a bingo game operator.	219

(c) A bingo game operator announces combinations of letters	220
and numbers that appear on objects that a bingo game operator	221
selects by chance, either manually or mechanically, from a	222
receptacle that contains seventy-five objects at the beginning of	223
each game, each object marked by a different combination of a	224
letter and a number that corresponds to one of the seventy-five	225
possible combinations of a letter and a number that can appear on	226
the bingo cards or sheets.	227

(d) The winner of the bingo game includes any participant who	228
properly announces during the interval between the announcements	229
of letters and numbers as described in division (O)(1)(c) of this	230
section, that a predetermined and preannounced pattern of spaces	231
has been covered on a bingo card or sheet being used by the	232
participant.	233

(2) Instant bingo, punch boards, and raffles.

234

(P) "Conduct" means to back, promote, organize, manage, carry	235
on, sponsor, or prepare for the operation of bingo or a game of	236
chance, a scheme of chance, or a sweepstakes.	237

(Q) "Bingo game operator" means any person, except security	238
personnel, who performs work or labor at the site of bingo,	239
including, but not limited to, collecting money from participants,	240
handing out bingo cards or sheets or objects to cover spaces on	241
bingo cards or sheets, selecting from a receptacle the objects	242
that contain the combination of letters and numbers that appear on	243
bingo cards or sheets, calling out the combinations of letters and	244
numbers, distributing prizes, selling or redeeming instant bingo	245
tickets or cards, supervising the operation of a punch board,	246
selling raffle tickets, selecting raffle tickets from a receptacle	247
and announcing the winning numbers in a raffle, and preparing,	248
selling, and serving food or beverages.	249

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

250

(S) "Bingo session" means a period that includes both of the	251
following:	252

(1) Not to exceed five continuous hours for the conduct of	253
one or more games described in division (O)(1) of this section,	254
instant bingo, and seal cards;	255

(2) A period for the conduct of instant bingo and seal cards	256
for not more than two hours before and not more than two hours	257
after the period described in division (S)(1) of this section.	258

(T) "Gross receipts" means all money or assets, including	259
admission fees, that a person receives from bingo without the	260
deduction of any amounts for prizes paid out or for the expenses	261
of conducting bingo. "Gross receipts" does not include any money	262
directly taken in from the sale of food or beverages by a	263
charitable organization conducting bingo, or by a bona fide	264
auxiliary unit or society of a charitable organization conducting	265
bingo, provided all of the following apply:	266

(1) The auxiliary unit or society has been in existence as a	267
bona fide auxiliary unit or society of the charitable organization	268
for at least two years prior to conducting bingo.	269

(2) The person who purchases the food or beverage receives	270
nothing of value except the food or beverage and items customarily	271
received with the purchase of that food or beverage.	272

(3) The food and beverages are sold at customary and	273
reasonable prices.	274

(U) "Security personnel" includes any person who either is a	275
sheriff, deputy sheriff, marshal, deputy marshal, township	276
constable, or member of an organized police department of a	277
municipal corporation or has successfully completed a peace	278
officer's training course pursuant to sections 109.71 to 109.79 of	279
the Revised Code and who is hired to provide security for the	280
premises on which bingo is conducted.	281

(V) "Charitable purpose" means that the net profit of bingo,	282
other than instant bingo, is used by, or is given, donated, or	283
otherwise transferred to, any of the following:	284

(1) Any organization that is described in subsection	285
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	286
and is either a governmental unit or an organization that is tax	287
exempt under subsection 501(a) and described in subsection	288
501(c)(3) of the Internal Revenue Code;	289

(2) A veteran's organization that is a post, chapter, or	290
organization of veterans, or an auxiliary unit or society of, or a	291
trust or foundation for, any such post, chapter, or organization	292
organized in the United States or any of its possessions, at least	293
seventy-five per cent of the members of which are veterans and	294
substantially all of the other members of which are individuals	295
who are spouses, widows, or widowers of veterans, or such	296
individuals, provided that no part of the net earnings of such	297
post, chapter, or organization inures to the benefit of any	298
private shareholder or individual, and further provided that the	299
net profit is used by the post, chapter, or organization for the	300
charitable purposes set forth in division (B)(12) of section	301
5739.02 of the Revised Code, is used for awarding scholarships to	302
or for attendance at an institution mentioned in division (B)(12)	303
of section 5739.02 of the Revised Code, is donated to a	304
governmental agency, or is used for nonprofit youth activities,	305
the purchase of United States or Ohio flags that are donated to	306
schools, youth groups, or other bona fide nonprofit organizations,	307
promotion of patriotism, or disaster relief;	308

(3) A fraternal organization that has been in continuous	309
existence in this state for fifteen years and that uses the net	310
profit exclusively for religious, charitable, scientific,	311
literary, or educational purposes, or for the prevention of	312
cruelty to children or animals, if contributions for such use	313
would qualify as a deductible charitable contribution under	314
subsection 170 of the Internal Revenue Code;	315

(4) A volunteer firefighter's organization that uses the net	316
profit for the purposes set forth in division (K) of this section.	317

(W) "Internal Revenue Code" means the "Internal Revenue Code	318
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	319
amended.	320

(X) "Youth athletic organization" means any organization, not	321
organized for profit, that is organized and operated exclusively	322
to provide financial support to, or to operate, athletic	323
activities for persons who are twenty-one years of age or younger	324
by means of sponsoring, organizing, operating, or contributing to	325
the support of an athletic team, club, league, or association.	326

(Y) "Youth athletic park organization" means any	327
organization, not organized for profit, that satisfies both of the	328
following:	329

(1) It owns, operates, and maintains playing fields that	330
satisfy both of the following:	331

(a) The playing fields are used at least one hundred days per	332
year for athletic activities by one or more organizations, not	333
organized for profit, each of which is organized and operated	334
exclusively to provide financial support to, or to operate,	335
athletic activities for persons who are eighteen years of age or	336
younger by means of sponsoring, organizing, operating, or	337
contributing to the support of an athletic team, club, league, or	338
association.	339

(b) The playing fields are not used for any profit-making	340
activity at any time during the year.	341

(2) It uses the proceeds of bingo it conducts exclusively for	342
the operation, maintenance, and improvement of its playing fields	343
of the type described in division (Y)(1) of this section.	344

(Z) "Bingo supplies" means bingo cards or sheets; instant	345
bingo tickets or cards; electronic bingo aids; raffle tickets;	346
punch boards; seal cards; instant bingo ticket dispensers; and	347
devices for selecting or displaying the combination of bingo	348
letters and numbers or raffle tickets. Items that are "bingo	349
supplies" are not gambling devices if sold or otherwise provided,	350
and used, in accordance with this chapter. For purposes of this	351
chapter, "bingo supplies" are not to be considered equipment used	352
to conduct a bingo game.	353

(AA) "Instant bingo" means a form of bingo that shall use	354
folded or banded tickets or paper cards with perforated break-open	355
tabs, a face of which is covered or otherwise hidden from view to	356
conceal a number, letter, or symbol, or set of numbers, letters,	357
or symbols, some of which have been designated in advance as prize	358
winners, and may also include games in which some winners are	359
determined by the random selection of one or more bingo numbers by	360
the use of a seal card or bingo blower. In all "instant bingo" the	361
prize amount and structure shall be predetermined. "Instant bingo"	362
does not include any device that is activated by the insertion of	363
a coin, currency, token, or an equivalent, and that contains as	364
one of its components a video display monitor that is capable of	365
displaying numbers, letters, symbols, or characters in winning or	366
losing combinations.	367

(BB) "Seal card" means a form of instant bingo that uses	368
instant bingo tickets in conjunction with a board or placard that	369
contains one or more seals that, when removed or opened, reveal	370
predesignated winning numbers, letters, or symbols.	371

(CC) "Raffle" means a form of bingo in which the one or more	372
prizes are won by one or more persons who have purchased a raffle	373
ticket. The one or more winners of the raffle are determined by	374
drawing a ticket stub or other detachable section from a	375
receptacle containing ticket stubs or detachable sections	376
corresponding to all tickets sold for the raffle. "Raffle" does	377
not include the drawing of a ticket stub or other detachable	378
section of a ticket purchased to attend a professional sporting	379
event if both of the following apply:	380

(1) The ticket stub or other detachable section is used to	381
select the winner of a free prize given away at the professional	382
sporting event; and	383

(2) The cost of the ticket is the same as the cost of a	384
ticket to the professional sporting event on days when no free	385
prize is given away.	386

(DD) "Punch board" means a board containing a number of holes	387
or receptacles of uniform size in which are placed, mechanically	388
and randomly, serially numbered slips of paper that may be punched	389
or drawn from the hole or receptacle when used in conjunction with	390
instant bingo. A player may punch or draw the numbered slips of	391
paper from the holes or receptacles and obtain the prize	392
established for the game if the number drawn corresponds to a	393
winning number or, if the punch board includes the use of a seal	394
card, a potential winning number.	395

(EE) "Gross profit" means gross receipts minus the amount	396
actually expended for the payment of prize awards.	397

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

398

(GG) "Expenses" means the reasonable amount of gross profit	399
actually expended for all of the following:	400

(1) The purchase or lease of bingo supplies;

401

(2) The annual license fee required under section 2915.08 of	402
the Revised Code;	403

(3) Bank fees and service charges for a bingo session or game	404
account described in section 2915.10 of the Revised Code;	405

(4) Audits and accounting services;

406

(5) Safes;

407

(6) Cash registers;

408

(7) Hiring security personnel;

409

(8) Advertising bingo;

410

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

411

(10) Tables and chairs;

412

(11) Expenses for maintaining and operating a charitable	413
organization's facilities, including, but not limited to, a post	414
home, club house, lounge, tavern, or canteen and any grounds	415
attached to the post home, club house, lounge, tavern, or canteen;	416

(12) Payment of real property taxes and assessments that are	417
levied on a premises on which bingo is conducted;	418

(13) Any other product or service directly related to the	419
conduct of bingo that is authorized in rules adopted by the	420
attorney general under division (B)(1) of section 2915.08 of the	421
Revised Code.	422

(HH) "Person" has the same meaning as in section 1.59 of the	423
Revised Code and includes any firm or any other legal entity,	424
however organized.	425

(II) "Revoke" means to void permanently all rights and	426
privileges of the holder of a license issued under section	427
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	428
gaming license issued by another jurisdiction.	429

(JJ) "Suspend" means to interrupt temporarily all rights and	430
privileges of the holder of a license issued under section	431
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	432
gaming license issued by another jurisdiction.	433

(KK) "Distributor" means any person who purchases or obtains	434
bingo supplies and who does either of the following:	435

(1) Sells, offers for sale, or otherwise provides or offers	436
to provide the bingo supplies to another person for use in this	437
state;	438

(2) Modifies, converts, adds to, or removes parts from the	439
bingo supplies to further their promotion or sale for use in this	440
state.	441

(LL) "Manufacturer" means any person who assembles completed	442
bingo supplies from raw materials, other items, or subparts or who	443
modifies, converts, adds to, or removes parts from bingo supplies	444
to further their promotion or sale.	445

(MM) "Gross annual revenues" means the annual gross receipts	446
derived from the conduct of bingo described in division (O)(1) of	447
this section plus the annual net profit derived from the conduct	448
of bingo described in division (O)(2) of this section.	449

(NN) "Instant bingo ticket dispenser" means a mechanical	450
device that dispenses an instant bingo ticket or card as the sole	451
item of value dispensed and that has the following	452
characteristics:	453

(1) It is activated upon the insertion of United States	454
currency.	455

(2) It performs no gaming functions.

456

(3) It does not contain a video display monitor or generate	457
noise.	458

(4) It is not capable of displaying any numbers, letters,	459
symbols, or characters in winning or losing combinations.	460

(5) It does not simulate or display rolling or spinning	461
reels.	462

(6) It is incapable of determining whether a dispensed bingo	463
ticket or card is a winning or nonwinning ticket or card and	464
requires a winning ticket or card to be paid by a bingo game	465
operator.	466

(7) It may provide accounting and security features to aid in	467
accounting for the instant bingo tickets or cards it dispenses.	468

(8) It is not part of an electronic network and is not	469
interactive.	470

(OO)(1) "Electronic bingo aid" means an electronic device	471
used by a participant to monitor bingo cards or sheets purchased	472
at the time and place of a bingo session and that does all of the	473
following:	474

(a) It provides a means for a participant to input numbers	475
and letters announced by a bingo caller.	476

(b) It compares the numbers and letters entered by the	477
participant to the bingo faces previously stored in the memory of	478
the device.	479

(c) It identifies a winning bingo pattern.

480

(2) "Electronic bingo aid" does not include any device into	481
which a coin, currency, token, or an equivalent is inserted to	482
activate play.	483

(PP) "Deal of instant bingo tickets" means a single game of	484
instant bingo tickets all with the same serial number.	485

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

486

(a) Any mechanical, electronic, video, or digital device that	487
is capable of accepting anything of value, directly or indirectly,	488
from or on behalf of a player who gives the thing of value in the	489
hope of gain;	490

(b) Any mechanical, electronic, video, or digital device that	491
is capable of accepting anything of value, directly or indirectly,	492
from or on behalf of a player to conduct bingo or a scheme or game	493
of chance.	494

(2) "Slot machine" does not include a skill-based amusement	495
machine or an instant bingo ticket dispenser.	496

(RR) "Net profit from the proceeds of the sale of instant	497
bingo" means gross profit minus the ordinary, necessary, and	498
reasonable expense expended for the purchase of instant bingo	499
supplies, and, in the case of instant bingo conducted by a	500
veteran's, fraternal, or sporting organization, minus the payment	501
by that organization of real property taxes and assessments levied	502
on a premises on which instant bingo is conducted.	503

(SS) "Charitable instant bingo organization" means an	504
organization that is exempt from federal income taxation under	505
subsection 501(a) and described in subsection 501(c)(3) of the	506
Internal Revenue Code and is a charitable organization as defined	507
in this section. A "charitable instant bingo organization" does	508
not include a charitable organization that is exempt from federal	509
income taxation under subsection 501(a) and described in	510
subsection 501(c)(3) of the Internal Revenue Code and that is	511
created by a veteran's organization, a fraternal organization, or	512
a sporting organization in regards to bingo conducted or assisted	513
by a veteran's organization, a fraternal organization, or a	514
sporting organization pursuant to section 2915.13 of the Revised	515
Code.	516

(TT) "Game flare" means the board or placard that accompanies	517
each deal of instant bingo tickets and that has printed on or	518
affixed to it the following information for the game:	519

(1) The name of the game;

520

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

521

(3) The form number;

522

(4) The ticket count;

523

(5) The prize structure, including the number of winning	524
instant bingo tickets by denomination and the respective winning	525
symbol or number combinations for the winning instant bingo	526
tickets;	527

(6) The cost per play;

528

(7) The serial number of the game.

529

(UU)(1) "Skill-based amusement machine" means a mechanical,	530
video, digital, or electronic device that rewards the player or	531
players, if at all, only with merchandise prizes or with	532
redeemable vouchers redeemable only for merchandise prizes,	533
provided that with respect to rewards for playing the game all of	534
the following apply:	535

(a) The wholesale value of a merchandise prize awarded as a	536
result of the single play of a machine does not exceed ten	537
dollars;	538

(b) Redeemable vouchers awarded for any single play of a	539
machine are not redeemable for a merchandise prize with a	540
wholesale value of more than ten dollars;	541

(c) Redeemable vouchers are not redeemable for a merchandise	542
prize that has a wholesale value of more than ten dollars times	543
the fewest number of single plays necessary to accrue the	544
redeemable vouchers required to obtain that prize; and	545

(d) Any redeemable vouchers or merchandise prizes are	546
distributed at the site of the skill-based amusement machine at	547
the time of play.	548

A card for the purchase of gasoline is a redeemable voucher	549
for purposes of division (UU)(1) of this section even if the	550
skill-based amusement machine for the play of which the card is	551
awarded is located at a place where gasoline may not be legally	552
distributed to the public or the card is not redeemable at the	553
location of, or at the time of playing, the skill-based amusement	554
machine.	555

(2) A device shall not be considered a skill-based amusement	556
machine and shall be considered a slot machine if it pays cash or	557
one or more of the following apply:	558

(a) The ability of a player to succeed at the game is	559
impacted by the number or ratio of prior wins to prior losses of	560
players playing the game.	561

(b) Any reward of redeemable vouchers is not based solely on	562
the player achieving the object of the game or the player's score;	563

(c) The outcome of the game, or the value of the redeemable	564
voucher or merchandise prize awarded for winning the game, can be	565
controlled by a source other than any player playing the game.	566

(d) The success of any player is or may be determined by a	567
chance event that cannot be altered by player actions.	568

(e) The ability of any player to succeed at the game is	569
determined by game features not visible or known to the player.	570

(f) The ability of the player to succeed at the game is	571
impacted by the exercise of a skill that no reasonable player	572
could exercise.	573

(3) All of the following apply to any machine that is	574
operated as described in division (UU)(1) of this section:	575

(a) As used in division (UU) of this section, "game" and	576
"play" mean one event from the initial activation of the machine	577
until the results of play are determined without payment of	578
additional consideration. An individual utilizing a machine that	579
involves a single game, play, contest, competition, or tournament	580
may be awarded redeemable vouchers or merchandise prizes based on	581
the results of play.	582

(b) Advance play for a single game, play, contest,	583
competition, or tournament participation may be purchased. The	584
cost of the contest, competition, or tournament participation may	585
be greater than a single noncontest, competition, or tournament	586
play.	587

(c) To the extent that the machine is used in a contest,	588
competition, or tournament, that contest, competition, or	589
tournament has a defined starting and ending date and is open to	590
participants in competition for scoring and ranking results toward	591
the awarding of redeemable vouchers or merchandise prizes that are	592
stated prior to the start of the contest, competition, or	593
tournament.	594

(4) For purposes of division (UU)(1) of this section, the	595
mere presence of a device, such as a pin-setting, ball-releasing,	596
or scoring mechanism, that does not contribute to or affect the	597
outcome of the play of the game does not make the device a	598
skill-based amusement machine.	599

(VV) "Merchandise prize" means any item of value, but shall	600
not include any of the following:	601

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

602

(2) Plays on games of chance, state lottery tickets, bingo,	603
or instant bingo;	604

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

605

(4) A redeemable voucher that is redeemable for any of the	606
items listed in division (VV)(1), (2), or (3) of this section.	607

(WW) "Redeemable voucher" means any ticket, token, coupon,	608
receipt, or other noncash representation of value.	609

(XX) "Pool not conducted for profit" means a scheme in which	610
a participant gives a valuable consideration for a chance to win a	611
prize and the total amount of consideration wagered is distributed	612
to a participant or participants.	613

(YY) "Sporting organization" means a hunting, fishing, or	614
trapping organization, other than a college or high school	615
fraternity or sorority, that is not organized for profit, that is	616
affiliated with a state or national sporting organization,	617
including but not limited to, the league of Ohio sportsmen, and	618
that has been in continuous existence in this state for a period	619
of three years.	620

(ZZ) "Community action agency" has the same meaning as in	621
section 122.66 of the Revised Code.	622

(AAA)(1) "Sweepstakes terminal device" means a mechanical,	623
video, digital, or electronic machine or device that is owned,	624
leased, or otherwise possessed by any person conducting a	625
sweepstakes, or by that person's partners, affiliates,	626
subsidiaries, or contractors, that is intended to be used by a	627
sweepstakes participant, and that is capable of displaying	628
information on a screen or other mechanism. A device is a	629
sweepstakes terminal device whether or not any of the following	630
apply:	631

(a) The device is server-based.

632

(b) The device uses a simulated game terminal as a	633
representation of the prizes associated with the results of the	634
sweepstakes entries.	635

(c) The device utilizes software such that the simulated game	636
influences or determines the winning of or value of the prize.	637

(d) The device selects prizes from a predetermined finite	638
pool of entries.	639

(e) The device utilizes a mechanism that reveals the content	640
of a predetermined sweepstakes entry.	641

(f) The device predetermines the prize results and stores	642
those results for delivery at the time the sweepstakes entry	643
results are revealed.	644

(g) The device utilizes software to create a game result.

645

(h) The device requires deposit of any money, coin, or token,	646
or the use of any credit card, debit card, prepaid card, or any	647
other method of payment to activate the electronic machine or	648
device.	649

(i) The device requires direct payment into the device, or	650
remote activation of the device.	651

(j) The device requires purchase of a related product.

652

(k) Any related product of which purchase is required has	653
legitimate value.	654

(l) The device reveals the prize incrementally, even though	655
the device does not influence the awarding of the prize or the	656
value of any prize awarded.	657

(m) The device determines and associates the prize with an	658
entry or entries at the time the sweepstakes is entered.	659

(n) The device is a slot machine or other form of electrical,	660
mechanical, or computer game.	661

(2) As used in this division and in section 2915.02 of the	662
Revised Code:	663

(a) "Enter" means the act by which a person becomes eligible	664
to receive any prize offered in a sweepstakes.	665

(b) "Entry" means one event from the initial activation of	666
the sweepstakes terminal device until all the sweepstakes prize	667
results from that activation are revealed.	668

(c) "Prize" means any gift, award, gratuity, good, service,	669
credit, reward, or any other thing of value that may be	670
transferred to a person, whether possession of the prize is	671
actually transferred, or placed on an account or other record as	672
evidence of the intent to transfer the prize.	673

(d) "Sweepstakes" means any game, contest, advertising scheme	674
or plan, or other promotion where consideration is not required	675
for a person to enter to win or become eligible to receive any	676
prize, the determination of which is based upon chance.	677
"Sweepstakes" does not include bingo authorized under this	678
chapter, pari-mutuel wagering as authorized by Chapter 3769. of	679
the Revised Code, lotteries conducted by the state lottery	680
commission as authorized by Chapter 3770. of the Revised Code, and	681
casino gaming as authorized by Chapter 3772. of the Revised Code.	682

(e) "Sweepstakes terminal device facility" means any location	683
in this state where a sweepstakes terminal device is provided to a	684
sweepstakes participant.	685

Sec. 2915.02.  (A) No person shall do any of the following:

686

(1) Engage in bookmaking, or knowingly engage in conduct that	687
facilitates bookmaking;	688

(2) Establish, promote, or operate or knowingly engage in	689
conduct that facilitates any game of chance conducted for profit	690
or any scheme of chance;	691

(3) Knowingly procure, transmit, exchange, or engage in	692
conduct that facilitates the procurement, transmission, or	693
exchange of information for use in establishing odds or	694
determining winners in connection with bookmaking or with any game	695
of chance conducted for profit or any scheme of chance;	696

(4) Engage in betting or in playing any scheme or game of	697
chance as a substantial source of income or livelihood;	698

(5) Conduct, or participate in the conduct of, a sweepstakes	699
with the use of a sweepstakes terminal device at a sweepstakes	700
terminal device facility and either:	701

(a) Give to another person any item described in division	702
(VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code	703
as a prize for playing or participating in a sweepstakes; or	704

(b) Give to another person any merchandise prize, or a	705
redeemable voucher for a merchandise prize, the wholesale value of	706
which is in excess of ten dollars and which is awarded as a single	707
entry for playing or participating in a sweepstakes. Redeemable	708
vouchers shall not be redeemable for a merchandise prize that has	709
a wholesale value of more than ten dollars.	710

(6) Conduct, or participate in the conduct of, a sweepstakes	711
with the use of a sweepstakes terminal device at a sweepstakes	712
terminal device facility without first obtaining a current annual	713
"certificate of registration" from the attorney general as	714
required by division (F) of this section;	715

(7) With purpose to violate division (A)(1), (2), (3), or	716
(4), (5), or (6) of this section, acquire, possess, control, or	717
operate any gambling device.	718

(B) For purposes of division (A)(1) of this section, a person	719
facilitates bookmaking if the person in any way knowingly aids an	720
illegal bookmaking operation, including, without limitation,	721
placing a bet with a person engaged in or facilitating illegal	722
bookmaking. For purposes of division (A)(2) of this section, a	723
person facilitates a game of chance conducted for profit or a	724
scheme of chance if the person in any way knowingly aids in the	725
conduct or operation of any such game or scheme, including,	726
without limitation, playing any such game or scheme.	727

(C) This section does not prohibit conduct in connection with	728
gambling expressly permitted by law.	729

(D) This section does not apply to any of the following:

730

(1) Games of chance, if all of the following apply:

731

(a) The games of chance are not craps for money or roulette	732
for money.	733

(b) The games of chance are conducted by a charitable	734
organization that is, and has received from the internal revenue	735
service a determination letter that is currently in effect,	736
stating that the organization is, exempt from federal income	737
taxation under subsection 501(a) and described in subsection	738
501(c)(3) of the Internal Revenue Code.	739

(c) The games of chance are conducted at festivals of the	740
charitable organization that are conducted not more than a total	741
of five days a calendar year, and are conducted on premises owned	742
by the charitable organization for a period of no less than one	743
year immediately preceding the conducting of the games of chance,	744
on premises leased from a governmental unit, or on premises that	745
are leased from a veteran's or fraternal organization and that	746
have been owned by the lessor veteran's or fraternal organization	747
for a period of no less than one year immediately preceding the	748
conducting of the games of chance.	749

A charitable organization shall not lease premises from a	750
veteran's or fraternal organization to conduct a festival	751
described in division (D)(1)(c) of this section if the veteran's	752
or fraternal organization already has leased the premises twelve	753
times during the preceding year to charitable organizations for	754
that purpose. If a charitable organization leases premises from a	755
veteran's or fraternal organization to conduct a festival	756
described in division (D)(1)(c) of this section, the charitable	757
organization shall not pay a rental rate for the premises per day	758
of the festival that exceeds the rental rate per bingo session	759
that a charitable organization may pay under division (B)(1) of	760
section 2915.09 of the Revised Code when it leases premises from	761
another charitable organization to conduct bingo games.	762

(d) All of the money or assets received from the games of	763
chance after deduction only of prizes paid out during the conduct	764
of the games of chance are used by, or given, donated, or	765
otherwise transferred to, any organization that is described in	766
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	767
Revenue Code and is either a governmental unit or an organization	768
that is tax exempt under subsection 501(a) and described in	769
subsection 501(c)(3) of the Internal Revenue Code;	770

(e) The games of chance are not conducted during, or within	771
ten hours of, a bingo game conducted for amusement purposes only	772
pursuant to section 2915.12 of the Revised Code.	773

No person shall receive any commission, wage, salary, reward,	774
tip, donation, gratuity, or other form of compensation, directly	775
or indirectly, for operating or assisting in the operation of any	776
game of chance.	777

(2) Any tag fishing tournament operated under a permit issued	778
under section 1533.92 of the Revised Code, as "tag fishing	779
tournament" is defined in section 1531.01 of the Revised Code;	780

(3) Bingo conducted by a charitable organization that holds a	781
license issued under section 2915.08 of the Revised Code.	782

(E) Division (D) of this section shall not be construed to	783
authorize the sale, lease, or other temporary or permanent	784
transfer of the right to conduct games of chance, as granted by	785
that division, by any charitable organization that is granted that	786
right.	787

(F) Any person desiring to conduct, or participate in the	788
conduct of, a sweepstakes with the use of a sweepstakes terminal	789
device at a sweepstakes terminal device facility shall first	790
register with the office of the attorney general and obtain an	791
annual certificate of registration by providing a filing fee and	792
all information as required by rule adopted under division (G) of	793
this section. Not later than the tenth day of each month, each	794
sweepstakes terminal device operator shall file a sweepstakes	795
terminal device monthly report with the attorney general and	796
provide a filing fee and all information as required by rule	797
adopted under division (G) of this section. All information	798
provided to the attorney general under this division shall be	799
available to law enforcement upon request.	800

(G) The attorney general shall adopt rules describing types	801
of schemes that are prohibited schemes of chance under division	802
(C) of section 2915.01 of the Revised Code. The attorney general	803
shall adopt rules setting forth filing fees and required	804
information to be submitted by persons conducting a sweepstakes	805
with the use of a sweepstakes terminal device at a sweepstakes	806
terminal device facility as described in division (F) of this	807
section. The attorney general shall issue a certificate of	808
registration to all persons who have successfully registered as	809
required by this section. The attorney general shall post online a	810
registry of all properly registered sweepstakes terminal device	811
operators.	812

(H) The attorney general may refuse to issue an annual	813
certificate of registration to any person or, if one has been	814
issued, the attorney general may revoke a certificate of	815
registration if the applicant has provided any information to the	816
attorney general as part of a registration, monthly report, or any	817
other information that is materially false or misleading, or if	818
the applicant or any officer, partner, or owner of five per cent	819
or more interest in the applicant has violated any provision of	820
this chapter. The attorney general may take any necessary and	821
reasonable action to determine a violation of this chapter,	822
including requesting documents and information, performing	823
inspections of premises, or requiring the attendance of any person	824
at an examination under oath. The attorney general shall adopt	825
rules to enforce this section to ensure the integrity of	826
sweepstakes.	827

(I) Whoever violates this section is guilty of gambling, a	828
misdemeanorfelony of the firstfifth degree. If the offender	829
previously has been convicted of any gambling offense, gambling is	830
a felony of the fifthfourth degree. Notwithstanding this	831
division, failing to file a sweepstakes terminal device monthly	832
report as required by division (F) of this section is a	833
misdemeanor of the first degree.	834

Section 2. That existing sections 109.54, 2915.01, and	835
2915.02 of the Revised Code are hereby repealed.	836