Bill Text: OH HB386 | 2011-2012 | 129th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: , to amend Section 3 of Sub. H.B. 277 of the 129th General Assembly, and to repeal Section 4 of Sub. H.B. 277 of the 129th General Assembly to make changes to the law regarding video lottery terminals, casino gaming, bingo and instant bingo, and horse racing, to establish a moratorium on new establishments conducting sweepstakes by sweepstakes terminal devices, to make appropriations, and to declare an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-06-11 - Effective Date [HB386 Detail]
Download: Ohio-2011-HB386-Comm_Sub.html
As Reported by the House State Government and Elections Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: , to amend Section 3 of Sub. H.B. 277 of the 129th General Assembly, and to repeal Section 4 of Sub. H.B. 277 of the 129th General Assembly to make changes to the law regarding video lottery terminals, casino gaming, bingo and instant bingo, and horse racing, to establish a moratorium on new establishments conducting sweepstakes by sweepstakes terminal devices, to make appropriations, and to declare an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-06-11 - Effective Date [HB386 Detail]
Download: Ohio-2011-HB386-Comm_Sub.html
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Representative Blessing
Cosponsors:
Representatives Gerberry, Combs, Letson
To amend sections 111.15, 122.014, 173.121, 2505.09, | 1 |
2505.12, 2915.01, 2915.02, 2915.06, 2915.08, | 2 |
2915.09, 2915.091, 2915.092, 2915.093, 2915.094, | 3 |
2915.10, 2915.101, 2915.12, 2923.31, 2933.51, | 4 |
3301.0714, 3769.08, 3769.087, 3769.089, 3770.02, | 5 |
3770.03, 3770.05, 3770.07, 3770.071, 3770.21, | 6 |
3772.01, 3772.03, 3772.04, 3772.091, 3772.10, | 7 |
3772.13, 3772.16, 3772.17, 3772.28, 3772.99, | 8 |
4301.03, 4303.17, 5753.01, and 5753.03, to enact | 9 |
sections 121.421, 2505.122, 2915.18, and 3770.22, | 10 |
and to repeal section 3772.14 of the Revised Code | 11 |
and to amend Section 261.20.90 of Am. Sub. H.B. | 12 |
153 of the 129th General Assembly, to amend | 13 |
Section 3 of Sub. H.B. 277 of the 129th General | 14 |
Assembly, and to repeal Section 4 of Sub. H.B. 277 | 15 |
of the 129th General Assembly to make changes to | 16 |
the law regarding video lottery terminals, casino | 17 |
gaming, bingo and instant bingo, and horse racing, | 18 |
to require thoroughbred and standardbred racing | 19 |
permit holders to pay a local tax, to create | 20 |
charity card rooms, to make appropriations, and to | 21 |
declare an emergency. | 22 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 111.15, 122.014, 173.121, 2505.09, | 23 |
2505.12, 2915.01, 2915.02, 2915.06, 2915.08, 2915.09, 2915.091, | 24 |
2915.092, 2915.093, 2915.094, 2915.10, 2915.101, 2915.12, 2923.31, | 25 |
2933.51, 3301.0714, 3769.08, 3769.087, 3769.089, 3770.02, 3770.03, | 26 |
3770.05, 3770.07, 3770.071, 3770.21, 3772.01, 3772.03, 3772.04, | 27 |
3772.091, 3772.10, 3772.13, 3772.16, 3772.17, 3772.28, 3772.99, | 28 |
4301.03, 4303.17, 5753.01, and 5753.03 be amended and sections | 29 |
121.421, 2505.122, 2915.18, and 3770.22 of the Revised Code be | 30 |
enacted to read as follows: | 31 |
Sec. 111.15. (A) As used in this section: | 32 |
(1) "Rule" includes any rule, regulation, bylaw, or standard | 33 |
having a general and uniform operation adopted by an agency under | 34 |
the authority of the laws governing the agency; any appendix to a | 35 |
rule; and any internal management rule. "Rule" does not include | 36 |
any guideline adopted pursuant to section 3301.0714 of the Revised | 37 |
Code, any order respecting the duties of employees, any finding, | 38 |
any determination of a question of law or fact in a matter | 39 |
presented to an agency, or any rule promulgated pursuant to | 40 |
Chapter 119., section 4141.14, division (C)(1) or (2) of section | 41 |
5117.02, or section 5703.14 of the Revised Code. "Rule" includes | 42 |
any amendment or rescission of a rule. | 43 |
(2) "Agency" means any governmental entity of the state and | 44 |
includes, but is not limited to, any board, department, division, | 45 |
commission, bureau, society, council, institution, state college | 46 |
or university, community college district, technical college | 47 |
district, or state community college. "Agency" does not include | 48 |
the general assembly, the controlling board, the adjutant | 49 |
general's department, or any court. | 50 |
(3) "Internal management rule" means any rule, regulation, | 51 |
bylaw, or standard governing the day-to-day staff procedures and | 52 |
operations within an agency. | 53 |
(4) "Substantive revision" has the same meaning as in | 54 |
division (J) of section 119.01 of the Revised Code. | 55 |
(B)(1) Any rule, other than a rule of an emergency nature, | 56 |
adopted by any agency pursuant to this section shall be effective | 57 |
on the tenth day after the day on which the rule in final form and | 58 |
in compliance with division (B)(3) of this section is filed as | 59 |
follows: | 60 |
(a) The rule shall be filed in electronic form with both the | 61 |
secretary of state and the director of the legislative service | 62 |
commission; | 63 |
(b) The rule shall be filed in electronic form with the joint | 64 |
committee on agency rule review. Division (B)(1)(b) of this | 65 |
section does not apply to any rule to which division (D) of this | 66 |
section does not apply. | 67 |
An agency that adopts or amends a rule that is subject to | 68 |
division (D) of this section shall assign a review date to the | 69 |
rule that is not later than five years after its effective date. | 70 |
If no review date is assigned to a rule, or if a review date | 71 |
assigned to a rule exceeds the five-year maximum, the review date | 72 |
for the rule is five years after its effective date. A rule with a | 73 |
review date is subject to review under section 119.032 of the | 74 |
Revised Code. This paragraph does not apply to a rule of a state | 75 |
college or university, community college district, technical | 76 |
college district, or state community college. | 77 |
If all filings are not completed on the same day, the rule | 78 |
shall be effective on the tenth day after the day on which the | 79 |
latest filing is completed. If an agency in adopting a rule | 80 |
designates an effective date that is later than the effective date | 81 |
provided for by division (B)(1) of this section, the rule if filed | 82 |
as required by such division shall become effective on the later | 83 |
date designated by the agency. | 84 |
Any rule that is required to be filed under division (B)(1) | 85 |
of this section is also subject to division (D) of this section if | 86 |
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or | 87 |
(8) of this section. | 88 |
If a rule incorporates a text or other material by reference, | 89 |
the agency shall comply with sections 121.71 to 121.76 of the | 90 |
Revised Code. | 91 |
(2) A rule of an emergency nature necessary for the immediate | 92 |
preservation of the public peace, health, or safety shall state | 93 |
the reasons for the necessity. The emergency rule, in final form | 94 |
and in compliance with division (B)(3) of this section, shall be | 95 |
filed in electronic form with the secretary of state, the director | 96 |
of the legislative service commission, and the joint committee on | 97 |
agency rule review. The emergency rule is effective immediately | 98 |
upon completion of the latest filing, except that if the agency in | 99 |
adopting the emergency rule designates an effective date, or date | 100 |
and time of day, that is later than the effective date and time | 101 |
provided for by division (B)(2) of this section, the emergency | 102 |
rule if filed as required by such division shall become effective | 103 |
at the later date, or later date and time of day, designated by | 104 |
the agency. | 105 |
An emergency rule becomes invalid at the end of the ninetieth | 106 |
day it is in effect. Prior to that date, the agency may file the | 107 |
emergency rule as a nonemergency rule in compliance with division | 108 |
(B)(1) of this section. The agency may not refile the emergency | 109 |
rule in compliance with division (B)(2) of this section so that, | 110 |
upon the emergency rule becoming invalid under such division, the | 111 |
emergency rule will continue in effect without interruption for | 112 |
another ninety-day period. | 113 |
(3) An agency shall file a rule under division (B)(1) or (2) | 114 |
of this section in compliance with the following standards and | 115 |
procedures: | 116 |
(a) The rule shall be numbered in accordance with the | 117 |
numbering system devised by the director for the Ohio | 118 |
administrative code. | 119 |
(b) The rule shall be prepared and submitted in compliance | 120 |
with the rules of the legislative service commission. | 121 |
(c) The rule shall clearly state the date on which it is to | 122 |
be effective and the date on which it will expire, if known. | 123 |
(d) Each rule that amends or rescinds another rule shall | 124 |
clearly refer to the rule that is amended or rescinded. Each | 125 |
amendment shall fully restate the rule as amended. | 126 |
If the director of the legislative service commission or the | 127 |
director's designee gives an agency notice pursuant to section | 128 |
103.05 of the Revised Code that a rule filed by the agency is not | 129 |
in compliance with the rules of the legislative service | 130 |
commission, the agency shall within thirty days after receipt of | 131 |
the notice conform the rule to the rules of the commission as | 132 |
directed in the notice. | 133 |
(C) All rules filed pursuant to divisions (B)(1)(a) and (2) | 134 |
of this section shall be recorded by the secretary of state and | 135 |
the director under the title of the agency adopting the rule and | 136 |
shall be numbered according to the numbering system devised by the | 137 |
director. The secretary of state and the director shall preserve | 138 |
the rules in an accessible manner. Each such rule shall be a | 139 |
public record open to public inspection and may be transmitted to | 140 |
any law publishing company that wishes to reproduce it. | 141 |
(D) At least sixty-five days before a board, commission, | 142 |
department, division, or bureau of the government of the state | 143 |
files a rule under division (B)(1) of this section, it shall file | 144 |
the full text of the proposed rule in electronic form with the | 145 |
joint committee on agency rule review, and the proposed rule is | 146 |
subject to legislative review and invalidation under division (I) | 147 |
of section 119.03 of the Revised Code. If a state board, | 148 |
commission, department, division, or bureau makes a substantive | 149 |
revision in a proposed rule after it is filed with the joint | 150 |
committee, the state board, commission, department, division, or | 151 |
bureau shall promptly file the full text of the proposed rule in | 152 |
its revised form in electronic form with the joint committee. The | 153 |
latest version of a proposed rule as filed with the joint | 154 |
committee supersedes each earlier version of the text of the same | 155 |
proposed rule. Except as provided in division (F) of this section, | 156 |
a state board, commission, department, division, or bureau shall | 157 |
also file the rule summary and fiscal analysis prepared under | 158 |
section 127.18 of the Revised Code in electronic form along with a | 159 |
proposed rule, and along with a proposed rule in revised form, | 160 |
that is filed under this division. If a proposed rule has an | 161 |
adverse impact on businesses, the state board, commission, | 162 |
department, division, or bureau also shall file the business | 163 |
impact analysis, any recommendations received from the common | 164 |
sense initiative office, and the associated memorandum of | 165 |
response, if any, in electronic form along with the proposed rule, | 166 |
or the proposed rule in revised form, that is filed under this | 167 |
division. | 168 |
As used in this division, "commission" includes the public | 169 |
utilities commission when adopting rules under a federal or state | 170 |
statute. | 171 |
This division does not apply to any of the following: | 172 |
(1) A proposed rule of an emergency nature; | 173 |
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, | 174 |
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, | 175 |
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised | 176 |
Code; | 177 |
(3) A rule proposed by an agency other than a board, | 178 |
commission, department, division, or bureau of the government of | 179 |
the state; | 180 |
(4) A proposed internal management rule of a board, | 181 |
commission, department, division, or bureau of the government of | 182 |
the state; | 183 |
(5) Any proposed rule that must be adopted verbatim by an | 184 |
agency pursuant to federal law or rule, to become effective within | 185 |
sixty days of adoption, in order to continue the operation of a | 186 |
federally reimbursed program in this state, so long as the | 187 |
proposed rule contains both of the following: | 188 |
(a) A statement that it is proposed for the purpose of | 189 |
complying with a federal law or rule; | 190 |
(b) A citation to the federal law or rule that requires | 191 |
verbatim compliance. | 192 |
(6) An initial rule proposed by the director of health to | 193 |
impose safety standards and quality-of-care standards with respect | 194 |
to a health service specified in section 3702.11 of the Revised | 195 |
Code, or an initial rule proposed by the director to impose | 196 |
quality standards on a facility listed in division (A)(4) of | 197 |
section 3702.30 of the Revised Code, if section 3702.12 of the | 198 |
Revised Code requires that the rule be adopted under this section; | 199 |
(7) A rule of the state lottery commission pertaining to | 200 |
201 | |
of the Revised Code. | 202 |
If a rule is exempt from legislative review under division | 203 |
(D)(5) of this section, and if the federal law or rule pursuant to | 204 |
which the rule was adopted expires, is repealed or rescinded, or | 205 |
otherwise terminates, the rule is thereafter subject to | 206 |
legislative review under division (D) of this section. | 207 |
(E) Whenever a state board, commission, department, division, | 208 |
or bureau files a proposed rule or a proposed rule in revised form | 209 |
under division (D) of this section, it shall also file the full | 210 |
text of the same proposed rule or proposed rule in revised form in | 211 |
electronic form with the secretary of state and the director of | 212 |
the legislative service commission. Except as provided in division | 213 |
(F) of this section, a state board, commission, department, | 214 |
division, or bureau shall file the rule summary and fiscal | 215 |
analysis prepared under section 127.18 of the Revised Code in | 216 |
electronic form along with a proposed rule or proposed rule in | 217 |
revised form that is filed with the secretary of state or the | 218 |
director of the legislative service commission. | 219 |
(F) Except as otherwise provided in this division, the | 220 |
auditor of state or the auditor of state's designee is not | 221 |
required to file a rule summary and fiscal analysis along with a | 222 |
proposed rule, or proposed rule in revised form, that the auditor | 223 |
of state proposes under section 117.12, 117.19, 117.38, or 117.43 | 224 |
of the Revised Code and files under division (D) or (E) of this | 225 |
section. | 226 |
Sec. 121.421. (A) Notwithstanding division (D)(3) of section | 227 |
121.41 of the Revised Code, the inspector general shall do the | 228 |
following to determine whether wrongful acts or omissions have | 229 |
been committed or are being committed by present or former | 230 |
employees: | 231 |
(1) Investigate employees of the office of the attorney | 232 |
general who are contractually vested with duties to enforce | 233 |
Chapter 3772. of the Revised Code; | 234 |
(2) Provide support in furtherance of enforcing Chapter 3772. | 235 |
of the Revised Code. | 236 |
(B) The inspector general and each deputy inspector may | 237 |
administer oaths, examine witnesses under oath, and issue | 238 |
subpoenas and subpoenas duces tecum to compel the attendance of | 239 |
witnesses and the production of all kinds of books, records, | 240 |
papers, and tangible things. Upon the refusal of a witness to be | 241 |
sworn or to answer any question put to the witness, or if a person | 242 |
disobeys a subpoena, the inspector general shall apply to the | 243 |
court of common pleas for a contempt order, as in the case of | 244 |
disobedience to the requirements of a subpoena issued from the | 245 |
court of common pleas, or a refusal to testify in the court. | 246 |
(C) The inspector general may enter into any contracts that | 247 |
are necessary to complete an investigation. The contracts may | 248 |
include contracts for the services of persons who are experts in a | 249 |
particular field and whose expertise is necessary for successful | 250 |
completion of the investigation. | 251 |
(D) If the authority of the attorney general terminates or | 252 |
expires, the authority vested in the inspector general by this | 253 |
section terminates upon the conclusion of ongoing investigations | 254 |
or upon issuance of the final report of the investigations. | 255 |
Sec. 122.014. (A) As used in this section, "gaming | 256 |
activities" means activities conducted in connection with or that | 257 |
include any of the following: | 258 |
(1) Casino gaming, as authorized and defined in Section 6(C) | 259 |
of Article XV, Ohio Constitution; | 260 |
(2) Casino gaming, as defined in division | 261 |
3772.01 of the Revised Code; or | 262 |
(3) The pari-mutuel system of wagering as authorized and | 263 |
described in Chapter 3769. of the Revised Code. | 264 |
(B) The department of development or any other entity that | 265 |
administers any program or development project established under | 266 |
Chapter 122., 166., or 184. of the Revised Code or in sections | 267 |
149.311, 5709.87, or 5709.88 of the Revised Code shall not provide | 268 |
any financial assistance, including loans, tax credits, and | 269 |
grants, staffing assistance, technical support, or other | 270 |
assistance to businesses conducting gaming activities or for | 271 |
project sites on which gaming activities are or will be conducted. | 272 |
Sec. 173.121. (A) As used in this section, "bingo," "bingo | 273 |
game operator," and "participant" have the same meanings as in | 274 |
section 2915.01 of the Revised Code. | 275 |
(B) Notwithstanding sections 2915.07 to 2915.13 of the | 276 |
Revised Code, a multipurpose senior center may conduct bingo games | 277 |
described in division | 278 |
Code, but only if it complies with all of the following | 279 |
requirements: | 280 |
(1) All bingo games are conducted only on the premises of the | 281 |
facility. | 282 |
(2) All participants are sixty years of age or older. | 283 |
(3) All bingo game operators are sixty years of age or older | 284 |
and receive no compensation for serving as operators. | 285 |
(4) No participant is charged an admission fee, and no | 286 |
participant is charged more than twenty-five cents to purchase a | 287 |
bingo card or sheet. | 288 |
(5) All proceeds from games are used only for any of the | 289 |
following: | 290 |
(a) To pay winners monetary or nonmonetary prizes; | 291 |
(b) To provide refreshments; | 292 |
(c) To defray any costs directly related to conducting the | 293 |
games; | 294 |
(d) To defray costs of services the facility provides in | 295 |
accordance with section 173.12 of the Revised Code. | 296 |
Sec. 2505.09. Except as provided in section 2505.11 or | 297 |
2505.12 or another section of the Revised Code or in applicable | 298 |
rules governing courts, the perfection of an appeal, including an | 299 |
administrative-related appeal, does not operate as a stay of | 300 |
execution until a stay of execution has been obtained pursuant to | 301 |
the Rules of Appellate Procedure or in another applicable manner, | 302 |
and a supersedeas bond is executed by the appellant to the | 303 |
appellee, with sufficient sureties and, subject to section | 304 |
2505.122 of the Revised Code, in a sum that is not less than, if | 305 |
applicable, the cumulative total for all claims covered by the | 306 |
final order, judgment, or decree and interest involved, except | 307 |
that the bond shall not exceed fifty million dollars excluding | 308 |
interest and costs, as directed by the court that rendered the | 309 |
final order, judgment, or decree that is sought to be superseded | 310 |
or by the court to which the appeal is taken. That bond shall be | 311 |
conditioned as provided in section 2505.14 of the Revised Code. | 312 |
Sec. 2505.12. An appellant is not required to give a | 313 |
supersedeas bond in connection with any of the following: | 314 |
(A) | 315 |
(1) An executor, administrator, guardian, receiver, trustee, | 316 |
or trustee in bankruptcy who is acting in that person's trust | 317 |
capacity and who has given bond in this state, with surety | 318 |
according to law; | 319 |
(2) The state or any political subdivision of the state; | 320 |
(3) Any public officer of the state or of any of its | 321 |
political subdivisions who is suing or is sued solely in the | 322 |
public officer's representative capacity as that officer. | 323 |
(B)
| 324 |
final order that is not for the payment of money. | 325 |
Sec. 2505.122. Any appellant who obtains a stay of execution | 326 |
pending the appeal of a final order, adjudication, or decision | 327 |
pursuant to section 2506.01 of the Revised Code shall | 328 |
simultaneously execute a supersedeas bond to the appellee with | 329 |
sufficient sureties and in an amount established in section | 330 |
2505.09 of the Revised Code. In establishing the amount of the | 331 |
bond, the court shall give great weight and due consideration to | 332 |
the reasonable value of the matter at issue in the final order, | 333 |
adjudication, or decision, the circumstances giving rise to the | 334 |
appeal, and the economic impact of other consequences of delay to | 335 |
the appellee and to those prevented from taking action that was | 336 |
permitted by the final order, adjudication, or decision. | 337 |
Sec. 2915.01. As used in this chapter: | 338 |
(A) "Bookmaking" means the business of receiving or paying | 339 |
off bets. | 340 |
(B) "Bet" means the hazarding of anything of value upon the | 341 |
result of an event, undertaking, or contingency, but does not | 342 |
include a bona fide business risk. | 343 |
(C) "Scheme of chance" means a slot machine, lottery, numbers | 344 |
game, pool conducted for profit, or other scheme in which a | 345 |
participant gives a valuable consideration for a chance to win a | 346 |
prize, but does not include bingo, a skill-based amusement | 347 |
machine, or a pool not conducted for profit. | 348 |
(D) "Game of chance" means poker, craps, roulette, or other | 349 |
game in which a player gives anything of value in the hope of | 350 |
gain, the outcome of which is determined largely by chance, but | 351 |
does not include bingo. | 352 |
(E) "Game of chance conducted for profit" means any game of | 353 |
chance designed to produce income for the person who conducts or | 354 |
operates the game of chance, but does not include bingo. | 355 |
(F) "Gambling device" means any of the following: | 356 |
(1) A book, totalizer, or other equipment for recording bets; | 357 |
(2) A ticket, token, or other device representing a chance, | 358 |
share, or interest in a scheme of chance or evidencing a bet; | 359 |
(3) A deck of cards, dice, gaming table, roulette wheel, slot | 360 |
machine, or other apparatus designed for use in connection with a | 361 |
game of chance; | 362 |
(4) Any equipment, device, apparatus, or paraphernalia | 363 |
specially designed for gambling purposes; | 364 |
(5) Bingo supplies sold or otherwise provided, or used, in | 365 |
violation of this chapter. | 366 |
(G) "Gambling offense" means any of the following: | 367 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 368 |
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, | 369 |
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code; | 370 |
(2) A violation of an existing or former municipal ordinance | 371 |
or law of this or any other state or the United States | 372 |
substantially equivalent to any section listed in division (G)(1) | 373 |
of this section or a violation of section 2915.06 of the Revised | 374 |
Code as it existed prior to July 1, 1996; | 375 |
(3) An offense under an existing or former municipal | 376 |
ordinance or law of this or any other state or the United States, | 377 |
of which gambling is an element; | 378 |
(4) A conspiracy or attempt to commit, or complicity in | 379 |
committing, any offense under division (G)(1), (2), or (3) of this | 380 |
section. | 381 |
(H) Except as otherwise provided in this chapter, "charitable | 382 |
organization" means | 383 |
384 | |
385 | |
386 | |
387 | |
388 |
(1) An organization that is, and has received from the | 389 |
internal revenue service a determination letter that currently is | 390 |
in effect stating that the organization is, exempt from federal | 391 |
income taxation under subsection 501(a) and described in | 392 |
subsection 501(c)(3) | 393 |
394 | |
395 |
(2) A volunteer rescue service organization, volunteer | 396 |
firefighter's organization, veteran's organization, fraternal | 397 |
organization, or sporting organization that is exempt from federal | 398 |
income taxation under | 399 |
subsection 501(c)(4), (c)(7), (c)(8), (c)(10), or (c)(19) of the | 400 |
Internal Revenue Code. | 401 |
To qualify as a "charitable organization," an organization | 402 |
403 | |
404 | |
this state for a period of two years immediately preceding either | 405 |
the making of an application for a bingo license under section | 406 |
2915.08 of the Revised Code or the conducting of any game of | 407 |
chance as provided in division (D) of section 2915.02 of the | 408 |
Revised Code. | 409 |
410 | |
411 | |
412 | |
413 | |
414 | |
415 | |
416 | |
417 | |
418 |
(I) "Religious organization" means any church, body of | 419 |
communicants, or group that is not organized or operated for | 420 |
profit and that gathers in common membership for regular worship | 421 |
and religious observances. | 422 |
(J) | 423 |
424 | |
425 | |
426 | |
427 |
| 428 |
state headquarters of a national veteran's association or an | 429 |
auxiliary unit of any individual post of a national veteran's | 430 |
association, which post, state headquarters, or auxiliary unit is | 431 |
incorporated as a nonprofit corporation and either has received a | 432 |
letter from the state headquarters of the national veteran's | 433 |
association indicating that the individual post or auxiliary unit | 434 |
is in good standing with the national veteran's association or has | 435 |
received a letter from the national veteran's association | 436 |
indicating that the state headquarters is in good standing with | 437 |
the national veteran's association. As used in this division, | 438 |
"national veteran's association" means any veteran's association | 439 |
that has been in continuous existence as such for a period of at | 440 |
least five years and either is incorporated by an act of the | 441 |
United States congress or has a national dues-paying membership of | 442 |
at least five thousand persons. | 443 |
| 444 |
organization of volunteer firefighters, as defined in section | 445 |
146.01 of the Revised Code, that is organized and operated | 446 |
exclusively to provide financial support for a volunteer fire | 447 |
department or a volunteer fire company and that is recognized or | 448 |
ratified by a county, municipal corporation, or township. | 449 |
| 450 |
state headquarters, or association within this state, except a | 451 |
college or high school fraternity, that is not organized for | 452 |
profit, that is a branch, lodge, or chapter of a national or state | 453 |
organization, that exists exclusively for the common business or | 454 |
sodality of its members. | 455 |
| 456 |
organization of volunteers organized to function as an emergency | 457 |
medical service organization, as defined in section 4765.01 of the | 458 |
Revised Code. | 459 |
| 460 |
| 461 |
462 | |
463 | |
464 | |
465 | |
466 | |
467 | |
468 | |
469 | |
470 |
| 471 |
472 | |
473 | |
474 | |
475 | |
476 | |
477 | |
478 | |
479 | |
480 | |
481 |
| 482 |
483 |
| 484 |
485 | |
486 | |
487 | |
488 | |
489 |
| 490 |
491 | |
492 | |
493 | |
494 | |
495 | |
496 | |
497 |
| 498 |
499 | |
500 | |
501 | |
502 | |
503 |
| 504 |
in division | 505 |
a charitable organization that has obtained a license pursuant to | 506 |
section 2915.08 of the Revised Code and the proceeds of which are | 507 |
used for a charitable purpose. | 508 |
| 509 |
(1) A game with all of the following characteristics: | 510 |
(a) The participants use bingo cards or sheets, including | 511 |
paper formats and electronic representation or image formats, that | 512 |
are divided into twenty-five spaces arranged in five horizontal | 513 |
and five vertical rows of spaces, with each space, except the | 514 |
central space, being designated by a combination of a letter and a | 515 |
number and with the central space being designated as a free | 516 |
space. | 517 |
(b) The participants cover the spaces on the bingo cards or | 518 |
sheets that correspond to combinations of letters and numbers that | 519 |
are announced by a bingo game operator. | 520 |
(c) A bingo game operator announces combinations of letters | 521 |
and numbers that appear on objects that a bingo game operator | 522 |
selects by chance, either manually or mechanically, from a | 523 |
receptacle that contains seventy-five objects at the beginning of | 524 |
each game, each object marked by a different combination of a | 525 |
letter and a number that corresponds to one of the seventy-five | 526 |
possible combinations of a letter and a number that can appear on | 527 |
the bingo cards or sheets. | 528 |
(d) The winner of the bingo game includes any participant who | 529 |
properly announces during the interval between the announcements | 530 |
of letters and numbers as described in division | 531 |
this section, that a predetermined and preannounced pattern of | 532 |
spaces has been covered on a bingo card or sheet being used by the | 533 |
participant. | 534 |
(2) Instant bingo, punch boards, and raffles. | 535 |
| 536 |
carry on, sponsor, or prepare for the operation of bingo or a game | 537 |
of chance. | 538 |
| 539 |
security personnel, who performs work or labor at the site of | 540 |
bingo, including, but not limited to, collecting money from | 541 |
participants, handing out bingo cards or sheets or objects to | 542 |
cover spaces on bingo cards or sheets, selecting from a receptacle | 543 |
the objects that contain the combination of letters and numbers | 544 |
that appear on bingo cards or sheets, calling out the combinations | 545 |
of letters and numbers, distributing prizes, selling or redeeming | 546 |
instant bingo tickets or cards, supervising the operation of a | 547 |
punch board, selling raffle tickets, selecting raffle tickets from | 548 |
a receptacle and announcing the winning numbers in a raffle, and | 549 |
preparing, selling, and serving food or beverages. | 550 |
| 551 |
| 552 |
the following: | 553 |
(1) Not to exceed five continuous hours for the conduct of | 554 |
one or more games described in division | 555 |
instant bingo, and seal cards; | 556 |
(2) A period for the conduct of instant bingo and seal cards | 557 |
for not more than two hours before and not more than two hours | 558 |
after the period described in division | 559 |
| 560 |
admission fees, that a person receives from bingo without the | 561 |
deduction of any amounts for prizes paid out or for the expenses | 562 |
of conducting bingo. "Gross receipts" does not include any money | 563 |
directly taken in from the sale of food or beverages by a | 564 |
charitable organization conducting bingo, or by a bona fide | 565 |
auxiliary unit or society of a charitable organization conducting | 566 |
bingo, provided all of the following apply: | 567 |
(1) The auxiliary unit or society has been in existence as a | 568 |
bona fide auxiliary unit or society of the charitable organization | 569 |
for at least two years prior to conducting bingo. | 570 |
(2) The person who purchases the food or beverage receives | 571 |
nothing of value except the food or beverage and items customarily | 572 |
received with the purchase of that food or beverage. | 573 |
(3) The food and beverages are sold at customary and | 574 |
reasonable prices. | 575 |
| 576 |
a sheriff, deputy sheriff, marshal, deputy marshal, township | 577 |
constable, or member of an organized police department of a | 578 |
municipal corporation or has successfully completed a peace | 579 |
officer's training course pursuant to sections 109.71 to 109.79 of | 580 |
the Revised Code and who is hired to provide security for the | 581 |
premises on which bingo is conducted. | 582 |
| 583 |
bingo, other than instant bingo, is used by, or is given, donated, | 584 |
or otherwise transferred to, any of the following: | 585 |
(1) Any organization that is described in subsection | 586 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 587 |
and is either a governmental unit or an organization that is tax | 588 |
exempt under subsection 501(a) and described in subsection | 589 |
501(c)(3) of the Internal Revenue Code; | 590 |
(2) A veteran's organization that is a post, chapter, or | 591 |
organization of veterans, or an auxiliary unit or society of, or a | 592 |
trust or foundation for, any such post, chapter, or organization | 593 |
organized in the United States or any of its possessions, at least | 594 |
seventy-five per cent of the members of which are veterans and | 595 |
substantially all of the other members of which are individuals | 596 |
who are spouses, widows, or widowers of veterans, or such | 597 |
individuals, provided that no part of the net earnings of such | 598 |
post, chapter, or organization inures to the benefit of any | 599 |
private shareholder or individual, and further provided that the | 600 |
net profit is used by the post, chapter, or organization for the | 601 |
charitable purposes set forth in division (B)(12) of section | 602 |
5739.02 of the Revised Code, is used for awarding scholarships to | 603 |
or for attendance at an institution mentioned in division (B)(12) | 604 |
of section 5739.02 of the Revised Code, is donated to a | 605 |
governmental agency, or is used for nonprofit youth activities, | 606 |
the purchase of United States or Ohio flags that are donated to | 607 |
schools, youth groups, or other bona fide nonprofit organizations, | 608 |
promotion of patriotism, or disaster relief; | 609 |
(3) A fraternal organization that has been in continuous | 610 |
existence in this state for fifteen years and that uses the net | 611 |
profit exclusively for religious, charitable, scientific, | 612 |
literary, or educational purposes, or for the prevention of | 613 |
cruelty to children or animals, if contributions for such use | 614 |
would qualify as a deductible charitable contribution under | 615 |
subsection 170 of the Internal Revenue Code; | 616 |
(4) A volunteer firefighter's organization that uses the net | 617 |
profit for the purposes set forth in division | 618 |
section. | 619 |
| 620 |
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 621 |
amended. | 622 |
| 623 |
not organized for profit, that is organized and operated | 624 |
exclusively to provide financial support to, or to operate, | 625 |
athletic activities for persons who are twenty-one years of age or | 626 |
younger by means of sponsoring, organizing, operating, or | 627 |
contributing to the support of an athletic team, club, league, or | 628 |
association. | 629 |
| 630 |
organization, not organized for profit, that satisfies both of the | 631 |
following: | 632 |
(1) It owns, operates, and maintains playing fields that | 633 |
satisfy both of the following: | 634 |
(a) The playing fields are used at least one hundred days per | 635 |
year for athletic activities by one or more organizations, not | 636 |
organized for profit, each of which is organized and operated | 637 |
exclusively to provide financial support to, or to operate, | 638 |
athletic activities for persons who are eighteen years of age or | 639 |
younger by means of sponsoring, organizing, operating, or | 640 |
contributing to the support of an athletic team, club, league, or | 641 |
association. | 642 |
(b) The playing fields are not used for any profit-making | 643 |
activity at any time during the year. | 644 |
(2) It uses the proceeds of bingo it conducts exclusively for | 645 |
the operation, maintenance, and improvement of its playing fields | 646 |
of the type described in division | 647 |
| 648 |
649 | |
650 | |
651 | |
652 | |
653 | |
654 |
| 655 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 656 |
punch boards; seal cards; instant bingo ticket dispensers; and | 657 |
devices for selecting or displaying the combination of bingo | 658 |
letters and numbers or raffle tickets. Items that are "bingo | 659 |
supplies" are not gambling devices if sold or otherwise provided, | 660 |
and used, in accordance with this chapter. For purposes of this | 661 |
chapter, "bingo supplies" are not to be considered equipment used | 662 |
to conduct a bingo game. | 663 |
| 664 |
shall use folded or banded tickets or paper cards with perforated | 665 |
break-open tabs, a face of which is covered or otherwise hidden | 666 |
from view to conceal a number, letter, or symbol, or set of | 667 |
numbers, letters, or symbols, some of which have been designated | 668 |
in advance as prize winners | 669 |
and may also include games in which some winners are determined by | 670 |
the random selection of one or more bingo numbers by the use of a | 671 |
seal card or bingo blower. In all "instant bingo" the prize amount | 672 |
and structure shall be predetermined. "Instant bingo" does not | 673 |
include any device that is activated by the insertion of a coin, | 674 |
currency, token, or an equivalent, and that contains as one of its | 675 |
components a video display monitor that is capable of displaying | 676 |
numbers, letters, symbols, or characters in winning or losing | 677 |
combinations. | 678 |
| 679 |
instant bingo tickets in conjunction with a board or placard that | 680 |
contains one or more seals that, when removed or opened, reveal | 681 |
predesignated winning numbers, letters, or symbols. | 682 |
| 683 |
more prizes are won by one or more persons who have purchased a | 684 |
raffle ticket. The one or more winners of the raffle are | 685 |
determined by drawing a ticket stub or other detachable section | 686 |
from a receptacle containing ticket stubs or detachable sections | 687 |
corresponding to all tickets sold for the raffle. "Raffle" does | 688 |
not include the drawing of a ticket stub or other detachable | 689 |
section of a ticket purchased to attend a professional sporting | 690 |
event if both of the following apply: | 691 |
(1) The ticket stub or other detachable section is used to | 692 |
select the winner of a free prize given away at the professional | 693 |
sporting event; and | 694 |
(2) The cost of the ticket is the same as the cost of a | 695 |
ticket to the professional sporting event on days when no free | 696 |
prize is given away. | 697 |
| 698 |
holes or receptacles of uniform size in which are placed, | 699 |
mechanically and randomly, serially numbered slips of paper that | 700 |
may be punched or drawn from the hole or receptacle when used in | 701 |
conjunction with instant bingo. A player may punch or draw the | 702 |
numbered slips of paper from the holes or receptacles and obtain | 703 |
the prize established for the game if the number drawn corresponds | 704 |
to a winning number or, if the punch board includes the use of a | 705 |
seal card, a potential winning number. | 706 |
| 707 |
actually expended for the payment of prize awards. | 708 |
| 709 |
| 710 |
profit actually expended for all of the following: | 711 |
(1) The purchase or lease of bingo supplies; | 712 |
(2) The annual license fee required under section 2915.08 of | 713 |
the Revised Code; | 714 |
(3) Bank fees and service charges for a bingo session or game | 715 |
account described in section 2915.10 of the Revised Code; | 716 |
(4) Audits and accounting services; | 717 |
(5) Safes; | 718 |
(6) Cash registers; | 719 |
(7) Hiring security personnel; | 720 |
(8) Advertising bingo; | 721 |
(9) Renting premises in which to conduct a bingo session; | 722 |
(10) Tables and chairs; | 723 |
(11) Expenses for maintaining and operating a charitable | 724 |
organization's facilities, including, but not limited to, a post | 725 |
home, club house, lounge, tavern, or canteen and any grounds | 726 |
attached to the post home, club house, lounge, tavern, or canteen; | 727 |
(12) Payment of real property taxes and assessments that are | 728 |
levied on a premises on which bingo is conducted; | 729 |
(13) Any other product or service directly related to the | 730 |
conduct of bingo that is authorized in rules adopted by the | 731 |
attorney general under division (B)(1) of section 2915.08 of the | 732 |
Revised Code. | 733 |
| 734 |
the Revised Code and includes any firm or any other legal entity, | 735 |
however organized. | 736 |
| 737 |
privileges of the holder of a license issued under section | 738 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 739 |
gaming license issued by another jurisdiction. | 740 |
| 741 |
and privileges of the holder of a license issued under section | 742 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 743 |
gaming license issued by another jurisdiction. | 744 |
| 745 |
obtains bingo supplies and who does either of the following: | 746 |
(1) Sells, offers for sale, or otherwise provides or offers | 747 |
to provide the bingo supplies to another person for use in this | 748 |
state; | 749 |
(2) Modifies, converts, adds to, or removes parts from the | 750 |
bingo supplies to further their promotion or sale for use in this | 751 |
state. | 752 |
| 753 |
completed bingo supplies from raw materials, other items, or | 754 |
subparts or who modifies, converts, adds to, or removes parts from | 755 |
bingo supplies to further their promotion or sale. | 756 |
| 757 |
receipts derived from the conduct of bingo described in division | 758 |
759 | |
the conduct of bingo described in division | 760 |
section. | 761 |
| 762 |
device that dispenses an instant bingo ticket or card as the sole | 763 |
item of value dispensed and that has the following | 764 |
characteristics: | 765 |
(1) It is activated upon the insertion of United States | 766 |
currency. | 767 |
(2) It performs no gaming functions. | 768 |
(3) It does not contain a video display monitor or generate | 769 |
noise. | 770 |
(4) It is not capable of displaying any numbers, letters, | 771 |
symbols, or characters in winning or losing combinations. | 772 |
(5) It does not simulate or display rolling or spinning | 773 |
reels. | 774 |
(6) It is incapable of determining whether a dispensed bingo | 775 |
ticket or card is a winning or nonwinning ticket or card and | 776 |
requires a winning ticket or card to be paid by a bingo game | 777 |
operator. | 778 |
(7) It may provide accounting and security features to aid in | 779 |
accounting for the instant bingo tickets or cards it dispenses. | 780 |
(8) It is not part of an electronic network and is not | 781 |
interactive. | 782 |
| 783 |
used by a participant to monitor bingo cards or sheets purchased | 784 |
at the time and place of a bingo session and that does all of the | 785 |
following: | 786 |
(a) It provides a means for a participant to input numbers | 787 |
and letters announced by a bingo caller. | 788 |
(b) It compares the numbers and letters entered by the | 789 |
participant to the bingo faces previously stored in the memory of | 790 |
the device. | 791 |
(c) It identifies a winning bingo pattern. | 792 |
(2) "Electronic bingo aid" does not include any device into | 793 |
which a coin, currency, token, or an equivalent is inserted to | 794 |
activate play. | 795 |
| 796 |
of instant bingo tickets all with the same serial number. | 797 |
| 798 |
(a) Any mechanical, electronic, video, or digital device that | 799 |
is capable of accepting anything of value, directly or indirectly, | 800 |
from or on behalf of a player who gives the thing of value in the | 801 |
hope of gain; | 802 |
(b) Any mechanical, electronic, video, or digital device that | 803 |
is capable of accepting anything of value, directly or indirectly, | 804 |
from or on behalf of a player to conduct bingo or a scheme or game | 805 |
of chance. | 806 |
(2) "Slot machine" does not include a skill-based amusement | 807 |
machine or an instant bingo ticket dispenser. | 808 |
| 809 |
bingo" means gross profit minus the ordinary, necessary, and | 810 |
reasonable expense expended for the purchase of instant bingo | 811 |
supplies, and, in the case of instant bingo conducted by a | 812 |
veteran's, fraternal, or sporting organization, minus the payment | 813 |
by that organization of real property taxes and assessments levied | 814 |
on a premises on which instant bingo is conducted. | 815 |
| 816 |
organization that is exempt from federal income taxation under | 817 |
subsection 501(a) and described in subsection 501(c)(3) of the | 818 |
Internal Revenue Code and is a charitable organization as defined | 819 |
in this section. A "charitable instant bingo organization" does | 820 |
not include a charitable organization that is exempt from federal | 821 |
income taxation under subsection 501(a) and described in | 822 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 823 |
created by a veteran's organization, a fraternal organization, or | 824 |
a sporting organization in regards to bingo conducted or assisted | 825 |
by a veteran's organization, a fraternal organization, or a | 826 |
sporting organization pursuant to section 2915.13 of the Revised | 827 |
Code. | 828 |
| 829 |
accompanies each deal of instant bingo tickets and that has | 830 |
printed on or affixed to it the following information for the | 831 |
game: | 832 |
(1) The name of the game; | 833 |
(2) The manufacturer's name or distinctive logo; | 834 |
(3) The form number; | 835 |
(4) The ticket count; | 836 |
(5) The prize structure, including the number of winning | 837 |
instant bingo tickets by denomination and the respective winning | 838 |
symbol or number combinations for the winning instant bingo | 839 |
tickets; | 840 |
(6) The cost per play; | 841 |
(7) The serial number of the game. | 842 |
| 843 |
844 | |
845 | |
846 | |
847 | |
848 | |
849 | |
850 | |
851 | |
852 | |
853 | |
854 | |
855 | |
856 | |
857 | |
858 |
| 859 |
mechanical, video, digital, or electronic device that rewards the | 860 |
player or players, if at all, only with merchandise prizes or with | 861 |
redeemable vouchers redeemable only for merchandise prizes, | 862 |
provided that with respect to rewards for playing the game all of | 863 |
the following apply: | 864 |
(a) The wholesale value of a merchandise prize awarded as a | 865 |
result of the single play of a machine does not exceed ten | 866 |
dollars; | 867 |
(b) Redeemable vouchers awarded for any single play of a | 868 |
machine are not redeemable for a merchandise prize with a | 869 |
wholesale value of more than ten dollars; | 870 |
(c) Redeemable vouchers are not redeemable for a merchandise | 871 |
prize that has a wholesale value of more than ten dollars times | 872 |
the fewest number of single plays necessary to accrue the | 873 |
redeemable vouchers required to obtain that prize; and | 874 |
(d) Any redeemable vouchers or merchandise prizes are | 875 |
distributed at the site of the skill-based amusement machine at | 876 |
the time of play. | 877 |
A card for the purchase of gasoline is a redeemable voucher | 878 |
for purposes of division | 879 |
skill-based amusement machine for the play of which the card is | 880 |
awarded is located at a place where gasoline may not be legally | 881 |
distributed to the public or the card is not redeemable at the | 882 |
location of, or at the time of playing, the skill-based amusement | 883 |
machine. | 884 |
(2) A device shall not be considered a skill-based amusement | 885 |
machine and shall be considered a slot machine if it pays cash or | 886 |
one or more of the following apply: | 887 |
(a) The ability of a player to succeed at the game is | 888 |
impacted by the number or ratio of prior wins to prior losses of | 889 |
players playing the game. | 890 |
(b) Any reward of redeemable vouchers is not based solely on | 891 |
the player achieving the object of the game or the player's score; | 892 |
(c) The outcome of the game, or the value of the redeemable | 893 |
voucher or merchandise prize awarded for winning the game, can be | 894 |
controlled by a source other than any player playing the game. | 895 |
(d) The success of any player is or may be determined by a | 896 |
chance event that cannot be altered by player actions. | 897 |
(e) The ability of any player to succeed at the game is | 898 |
determined by game features not visible or known to the player. | 899 |
(f) The ability of the player to succeed at the game is | 900 |
impacted by the exercise of a skill that no reasonable player | 901 |
could exercise. | 902 |
(3) All of the following apply to any machine that is | 903 |
operated as described in division | 904 |
(a) As used in division (UU) of this section, "game" and | 905 |
"play" mean one event from the initial activation of the machine | 906 |
until the results of play are determined without payment of | 907 |
additional consideration. An individual utilizing a machine that | 908 |
involves a single game, play, contest, competition, or tournament | 909 |
may be awarded redeemable vouchers or merchandise prizes based on | 910 |
the results of play. | 911 |
(b) Advance play for a single game, play, contest, | 912 |
competition, or tournament participation may be purchased. The | 913 |
cost of the contest, competition, or tournament participation may | 914 |
be greater than a single noncontest, competition, or tournament | 915 |
play. | 916 |
(c) To the extent that the machine is used in a contest, | 917 |
competition, or tournament, that contest, competition, or | 918 |
tournament has a defined starting and ending date and is open to | 919 |
participants in competition for scoring and ranking results toward | 920 |
the awarding of redeemable vouchers or merchandise prizes that are | 921 |
stated prior to the start of the contest, competition, or | 922 |
tournament. | 923 |
(4) For purposes of division | 924 |
the mere presence of a device, such as a pin-setting, | 925 |
ball-releasing, or scoring mechanism, that does not contribute to | 926 |
or affect the outcome of the play of the game does not make the | 927 |
device a skill-based amusement machine. | 928 |
| 929 |
shall not include any of the following: | 930 |
(1) Cash, gift cards, or any equivalent thereof; | 931 |
(2) Plays on games of chance, state lottery tickets, bingo, | 932 |
or instant bingo; | 933 |
(3) Firearms, tobacco, or alcoholic beverages; or | 934 |
(4) A redeemable voucher that is redeemable for any of the | 935 |
items listed in division | 936 |
section. | 937 |
| 938 |
coupon, receipt, or other noncash representation of value. | 939 |
| 940 |
which a participant gives a valuable consideration for a chance to | 941 |
win a prize and the total amount of consideration wagered is | 942 |
distributed to a participant or participants. | 943 |
| 944 |
or trapping organization, other than a college or high school | 945 |
fraternity or sorority, that is not organized for profit, that is | 946 |
affiliated with a state or national sporting organization, | 947 |
including but not limited to, the | 948 |
and that has been in continuous existence in this state for a | 949 |
period of three years. | 950 |
| 951 |
in section 122.66 of the Revised Code. | 952 |
(AAA) "Permitted location" means a building leased by a | 953 |
county in this state under a lease pursuant to which charitable | 954 |
organizations have operated festivals weekly for the eighteen | 955 |
months immediately preceding the effective date of this amendment, | 956 |
at which games of chance were offered. | 957 |
(BBB) "Charity card room" means a facility at a permitted | 958 |
location that offers games of chance conducted by a charitable | 959 |
organization. | 960 |
Sec. 2915.02. (A) No person shall do any of the following: | 961 |
(1) Engage in bookmaking, or knowingly engage in conduct that | 962 |
facilitates bookmaking; | 963 |
(2) Establish, promote, or operate or knowingly engage in | 964 |
conduct that facilitates any game of chance conducted for profit | 965 |
or any scheme of chance; | 966 |
(3) Knowingly procure, transmit, exchange, or engage in | 967 |
conduct that facilitates the procurement, transmission, or | 968 |
exchange of information for use in establishing odds or | 969 |
determining winners in connection with bookmaking or with any game | 970 |
of chance conducted for profit or any scheme of chance; | 971 |
(4) Engage in betting or in playing any scheme or game of | 972 |
chance as a substantial source of income or livelihood; | 973 |
(5) With purpose to violate division (A)(1), (2), (3), or (4) | 974 |
of this section, acquire, possess, control, or operate any | 975 |
gambling device. | 976 |
(B) For purposes of division (A)(1) of this section, a person | 977 |
facilitates bookmaking if the person in any way knowingly aids an | 978 |
illegal bookmaking operation, including, without limitation, | 979 |
placing a bet with a person engaged in or facilitating illegal | 980 |
bookmaking. For purposes of division (A)(2) of this section, a | 981 |
person facilitates a game of chance conducted for profit or a | 982 |
scheme of chance if the person in any way knowingly aids in the | 983 |
conduct or operation of any such game or scheme, including, | 984 |
without limitation, playing any such game or scheme. | 985 |
(C) This section does not prohibit conduct in connection with | 986 |
gambling expressly permitted by law. | 987 |
(D) This section does not apply to any of the following: | 988 |
(1) Games of chance, if all of the following apply: | 989 |
(a) The games of chance are not craps for money or roulette | 990 |
for money. | 991 |
(b) The games of chance are conducted by a charitable | 992 |
organization that is, and has received from the internal revenue | 993 |
service a determination letter that is currently in effect, | 994 |
stating that the organization is, exempt from federal income | 995 |
taxation under subsection 501(a) and described in subsection | 996 |
501(c)(3) of the Internal Revenue Code. | 997 |
(c) The games of chance are conducted at festivals of the | 998 |
charitable organization that are conducted | 999 |
1000 | |
1001 | |
1002 | |
organization for a period of no less than one year immediately | 1003 |
preceding the conducting of the games of chance, on premises | 1004 |
leased from a governmental unit, or on premises that are leased | 1005 |
from a veteran's or fraternal organization and that have been | 1006 |
owned by the lessor veteran's or fraternal organization for a | 1007 |
period of no less than one year immediately preceding the | 1008 |
conducting of the games of chance. | 1009 |
A charitable organization shall not lease premises from a | 1010 |
veteran's or fraternal organization to conduct a festival | 1011 |
described in division (D)(1)(c) of this section if the veteran's | 1012 |
or fraternal organization already has leased the premises twelve | 1013 |
times during the preceding year to charitable organizations for | 1014 |
that purpose. If a charitable organization leases premises from a | 1015 |
veteran's or fraternal organization to conduct a festival | 1016 |
described in division (D)(1)(c) of this section, the charitable | 1017 |
organization shall not pay a rental rate for the premises per day | 1018 |
of the festival that exceeds the rental rate per bingo session | 1019 |
that a charitable organization may pay under division (B)(1) of | 1020 |
section 2915.09 of the Revised Code when it leases premises from | 1021 |
another charitable organization to conduct bingo games. | 1022 |
(d) All of the money or assets received from the games of | 1023 |
chance after deduction only of prizes paid out during the conduct | 1024 |
of the games of chance are used by, or given, donated, or | 1025 |
otherwise transferred to, any organization that is described in | 1026 |
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal | 1027 |
Revenue Code and is either a governmental unit or an organization | 1028 |
that is tax exempt under subsection 501(a) and described in | 1029 |
subsection 501(c)(3) of the Internal Revenue Code; | 1030 |
(e) The games of chance are not conducted during, or within | 1031 |
ten hours of, a bingo game conducted for amusement purposes only | 1032 |
pursuant to section 2915.12 of the Revised Code. | 1033 |
No person shall receive any commission, wage, salary, reward, | 1034 |
tip, donation, gratuity, or other form of compensation, directly | 1035 |
or indirectly, for operating or assisting in the operation of any | 1036 |
game of chance. | 1037 |
(2) Any tag fishing tournament operated under a permit issued | 1038 |
under section 1533.92 of the Revised Code, as "tag fishing | 1039 |
tournament" is defined in section 1531.01 of the Revised Code; | 1040 |
(3) Bingo conducted by a charitable organization that holds a | 1041 |
license issued under section 2915.08 of the Revised Code. | 1042 |
(E) Division (D) of this section shall not be construed to | 1043 |
authorize the sale, lease, or other temporary or permanent | 1044 |
transfer of the right to conduct games of chance, as granted by | 1045 |
that division, by any charitable organization that is granted that | 1046 |
right. | 1047 |
(F) Whoever violates this section is guilty of gambling, a | 1048 |
misdemeanor of the first degree. If the offender previously has | 1049 |
been convicted of any gambling offense, gambling is a felony of | 1050 |
the fifth degree. | 1051 |
Sec. 2915.06. (A) No person shall give to another person any | 1052 |
item described in division
| 1053 |
section 2915.01 of the Revised Code in exchange for a noncash | 1054 |
prize, toy, or novelty received as a reward for playing or | 1055 |
operating a skill-based amusement machine or for a free or | 1056 |
reduced-price game won on a skill-based amusement machine. | 1057 |
(B) Whoever violates division (A) of this section is guilty | 1058 |
of skill-based amusement machine prohibited conduct. A violation | 1059 |
of division (A) of this section is a misdemeanor of the first | 1060 |
degree for each redemption of a prize that is involved in the | 1061 |
violation. If the offender previously has been convicted of a | 1062 |
violation of division (A) of this section, a violation of that | 1063 |
division is a felony of the fifth degree for each redemption of a | 1064 |
prize that is involved in the violation. The maximum fine | 1065 |
authorized to be imposed for a felony of the fifth degree shall be | 1066 |
imposed upon the offender. | 1067 |
Sec. 2915.08. (A)(1) Annually before the first day of | 1068 |
January, a charitable organization that desires to conduct bingo, | 1069 |
instant bingo at a bingo session, or instant bingo other than at a | 1070 |
bingo session shall make out, upon a form to be furnished by the | 1071 |
attorney general for that purpose, an application for a license to | 1072 |
conduct bingo, instant bingo at a bingo session, or instant bingo | 1073 |
other than at a bingo session and deliver that application to the | 1074 |
attorney general together with a license fee as follows: | 1075 |
(a) Except as otherwise provided in this division, for a | 1076 |
license for the conduct of bingo, two hundred dollars; | 1077 |
(b) For a license for the conduct of instant bingo at a bingo | 1078 |
session or instant bingo other than at a bingo session for a | 1079 |
charitable organization that previously has not been licensed | 1080 |
under this chapter to conduct instant bingo at a bingo session or | 1081 |
instant bingo other than at a bingo session, a license fee of five | 1082 |
hundred dollars, and for any other charitable organization, a | 1083 |
license fee that is based upon the gross profits received by the | 1084 |
charitable organization from the operation of instant bingo at a | 1085 |
bingo session or instant bingo other than at a bingo session, | 1086 |
during the one-year period ending on the thirty-first day of | 1087 |
October of the year immediately preceding the year for which the | 1088 |
license is sought, and that is one of the following: | 1089 |
(i) Five hundred dollars, if the total is fifty thousand | 1090 |
dollars or less; | 1091 |
(ii) One thousand two hundred fifty dollars plus one-fourth | 1092 |
per cent of the gross profit, if the total is more than fifty | 1093 |
thousand dollars but less than two hundred fifty thousand one | 1094 |
dollars; | 1095 |
(iii) Two thousand two hundred fifty dollars plus one-half | 1096 |
per cent of the gross profit, if the total is more than two | 1097 |
hundred fifty thousand dollars but less than five hundred thousand | 1098 |
one dollars; | 1099 |
(iv) Three thousand five hundred dollars plus one per cent of | 1100 |
the gross profit, if the total is more than five hundred thousand | 1101 |
dollars but less than one million one dollars; | 1102 |
(v) Five thousand dollars plus one per cent of the gross | 1103 |
profit, if the total is one million one dollars or more; | 1104 |
(c) A reduced license fee established by the attorney general | 1105 |
pursuant to division (G) of this section. | 1106 |
(d) For a license to conduct bingo for a charitable | 1107 |
organization that prior to | 1108 |
July 1, 2003, has not been licensed under this chapter to conduct | 1109 |
bingo, instant bingo at a bingo session, or instant bingo other | 1110 |
than at a bingo session, a license fee established by rule by the | 1111 |
attorney general in accordance with division (H) of this section. | 1112 |
(2) The application shall be in the form prescribed by the | 1113 |
attorney general, shall be signed and sworn to by the applicant, | 1114 |
and shall contain all of the following: | 1115 |
(a) The name and post-office address of the applicant; | 1116 |
(b) A statement that the applicant is a charitable | 1117 |
organization and that it has been in continuous existence as a | 1118 |
charitable organization in this state for two years immediately | 1119 |
preceding the making of the application | 1120 |
1121 | |
1122 |
(c) The location at which the organization will conduct | 1123 |
bingo, which location shall be within the county in which the | 1124 |
principal place of business of the applicant is located, or within | 1125 |
the municipal corporation in which the principal place of business | 1126 |
of the applicant is located if the organization is located in more | 1127 |
than one municipal corporation, the days of the week and the times | 1128 |
on each of those days when bingo will be conducted, whether the | 1129 |
organization owns, leases, or subleases the premises, and a copy | 1130 |
of the rental agreement if it leases or subleases the premises; | 1131 |
(d) A statement of the applicant's previous history, record, | 1132 |
and association that is sufficient to establish that the applicant | 1133 |
is a charitable organization, and a copy of a determination letter | 1134 |
that is issued by the Internal Revenue Service and states that the | 1135 |
organization is tax exempt under subsection 501(a) and described | 1136 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 1137 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 1138 |
(e) A statement as to whether the applicant has ever had any | 1139 |
previous application refused, whether it previously has had a | 1140 |
license revoked or suspended, and the reason stated by the | 1141 |
attorney general for the refusal, revocation, or suspension; | 1142 |
(f) A statement of the charitable purposes for which the net | 1143 |
profit derived from bingo, other than instant bingo, will be used, | 1144 |
and a statement of how the net profit derived from instant bingo | 1145 |
will be distributed in accordance with section 2915.101 of the | 1146 |
Revised Code; | 1147 |
(g) Other necessary and reasonable information that the | 1148 |
attorney general may require by rule adopted pursuant to section | 1149 |
111.15 of the Revised Code; | 1150 |
(h) If the applicant is a charitable trust as defined in | 1151 |
section 109.23 of the Revised Code, a statement as to whether it | 1152 |
has registered with the attorney general pursuant to section | 1153 |
109.26 of the Revised Code or filed annual reports pursuant to | 1154 |
section 109.31 of the Revised Code, and, if it is not required to | 1155 |
do either, the exemption in section 109.26 or 109.31 of the | 1156 |
Revised Code that applies to it; | 1157 |
(i) If the applicant is a charitable organization as defined | 1158 |
in section 1716.01 of the Revised Code, a statement as to whether | 1159 |
it has filed with the attorney general a registration statement | 1160 |
pursuant to section 1716.02 of the Revised Code and a financial | 1161 |
report pursuant to section 1716.04 of the Revised Code, and, if it | 1162 |
is not required to do both, the exemption in section 1716.03 of | 1163 |
the Revised Code that applies to it; | 1164 |
(j) In the case of an applicant seeking to qualify as a youth | 1165 |
athletic park organization, a statement issued by a board or body | 1166 |
vested with authority under Chapter 755. of the Revised Code for | 1167 |
the supervision and maintenance of recreation facilities in the | 1168 |
territory in which the organization is located, certifying that | 1169 |
the playing fields owned by the organization were used for at | 1170 |
least one hundred days during the year in which the statement is | 1171 |
issued, and were open for use to all residents of that territory, | 1172 |
regardless of race, color, creed, religion, sex, or national | 1173 |
origin, for athletic activities by youth athletic organizations | 1174 |
that do not discriminate on the basis of race, color, creed, | 1175 |
religion, sex, or national origin, and that the fields were not | 1176 |
used for any profit-making activity at any time during the year. | 1177 |
That type of board or body is authorized to issue the statement | 1178 |
upon request and shall issue the statement if it finds that the | 1179 |
applicant's playing fields were so used. | 1180 |
(3) The attorney general, within thirty days after receiving | 1181 |
a timely filed application from a charitable organization that has | 1182 |
been issued a license under this section that has not expired and | 1183 |
has not been revoked or suspended, shall send a temporary permit | 1184 |
to the applicant specifying the date on which the application was | 1185 |
filed with the attorney general and stating that, pursuant to | 1186 |
section 119.06 of the Revised Code, the applicant may continue to | 1187 |
conduct bingo until a new license is granted or, if the | 1188 |
application is rejected, until fifteen days after notice of the | 1189 |
rejection is mailed to the applicant. The temporary permit does | 1190 |
not affect the validity of the applicant's application and does | 1191 |
not grant any rights to the applicant except those rights | 1192 |
specifically granted in section 119.06 of the Revised Code. The | 1193 |
issuance of a temporary permit by the attorney general pursuant to | 1194 |
this division does not prohibit the attorney general from | 1195 |
rejecting the applicant's application because of acts that the | 1196 |
applicant committed, or actions that the applicant failed to take, | 1197 |
before or after the issuance of the temporary permit. | 1198 |
(4) Within thirty days after receiving an initial license | 1199 |
application from a charitable organization to conduct bingo, | 1200 |
instant bingo at a bingo session, or instant bingo other than at a | 1201 |
bingo session, the attorney general shall conduct a preliminary | 1202 |
review of the application and notify the applicant regarding any | 1203 |
deficiencies. Once an application is deemed complete, or beginning | 1204 |
on the thirtieth day after the application is filed, if the | 1205 |
attorney general failed to notify the applicant of any | 1206 |
deficiencies, the attorney general shall have an additional sixty | 1207 |
days to conduct an investigation and either grant or deny the | 1208 |
application based on findings established and communicated in | 1209 |
accordance with divisions (B) and (E) of this section. As an | 1210 |
option to granting or denying an initial license application, the | 1211 |
attorney general may grant a temporary license and request | 1212 |
additional time to conduct the investigation if the attorney | 1213 |
general has cause to believe that additional time is necessary to | 1214 |
complete the investigation and has notified the applicant in | 1215 |
writing about the specific concerns raised during the | 1216 |
investigation. | 1217 |
(B)(1) The attorney general shall adopt rules to enforce | 1218 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 1219 |
Code to ensure that bingo or instant bingo is conducted in | 1220 |
accordance with those sections and to maintain proper control over | 1221 |
the conduct of bingo or instant bingo. The rules, except rules | 1222 |
adopted pursuant to divisions (A)(2)(g) and (G) of this section, | 1223 |
shall be adopted pursuant to Chapter 119. of the Revised Code. The | 1224 |
attorney general shall license charitable organizations to conduct | 1225 |
bingo, instant bingo at a bingo session, or instant bingo other | 1226 |
than at a bingo session in conformance with this chapter and with | 1227 |
the licensing provisions of Chapter 119. of the Revised Code. | 1228 |
(2) The attorney general may refuse to grant a license to any | 1229 |
organization, or revoke or suspend the license of any | 1230 |
organization, that does any of the following or to which any of | 1231 |
the following applies: | 1232 |
(a) Fails or has failed at any time to meet any requirement | 1233 |
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 1234 |
2915.11 of the Revised Code, or violates or has violated any | 1235 |
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised | 1236 |
Code or any rule adopted by the attorney general pursuant to this | 1237 |
section; | 1238 |
(b) Makes or has made an incorrect or false statement that is | 1239 |
material to the granting of the license in an application filed | 1240 |
pursuant to division (A) of this section; | 1241 |
(c) Submits or has submitted any incorrect or false | 1242 |
information relating to an application if the information is | 1243 |
material to the granting of the license; | 1244 |
(d) Maintains or has maintained any incorrect or false | 1245 |
information that is material to the granting of the license in the | 1246 |
records required to be kept pursuant to divisions (A) and (C) of | 1247 |
section 2915.10 of the Revised Code, if applicable; | 1248 |
(e) The attorney general has good cause to believe that the | 1249 |
organization will not conduct bingo, instant bingo at a bingo | 1250 |
session, or instant bingo other than at a bingo session in | 1251 |
accordance with sections 2915.07 to 2915.13 of the Revised Code or | 1252 |
with any rule adopted by the attorney general pursuant to this | 1253 |
section. | 1254 |
(3) For the purposes of division (B) of this section, any | 1255 |
action of an officer, trustee, agent, representative, or bingo | 1256 |
game operator of an organization is an action of the organization. | 1257 |
(C) The attorney general may grant licenses to charitable | 1258 |
organizations that are branches, lodges, or chapters of national | 1259 |
charitable organizations. | 1260 |
(D) The attorney general shall send notice in writing to the | 1261 |
prosecuting attorney and sheriff of the county in which the | 1262 |
organization will conduct bingo, instant bingo at a bingo session, | 1263 |
or instant bingo other than at a bingo session, as stated in its | 1264 |
application for a license or amended license, and to any other law | 1265 |
enforcement agency in that county that so requests, of all of the | 1266 |
following: | 1267 |
(1) The issuance of the license; | 1268 |
(2) The issuance of the amended license; | 1269 |
(3) The rejection of an application for and refusal to grant | 1270 |
a license; | 1271 |
(4) The revocation of any license previously issued; | 1272 |
(5) The suspension of any license previously issued. | 1273 |
(E) A license issued by the attorney general shall set forth | 1274 |
the information contained on the application of the charitable | 1275 |
organization that the attorney general determines is relevant, | 1276 |
including, but not limited to, the location at which the | 1277 |
organization will conduct bingo, instant bingo at a bingo session, | 1278 |
or instant bingo other than at a bingo session and the days of the | 1279 |
week and the times on each of those days when bingo will be | 1280 |
conducted. If the attorney general refuses to grant or revokes or | 1281 |
suspends a license, the attorney general shall notify the | 1282 |
applicant in writing and specifically identify the reason for the | 1283 |
refusal, revocation, or suspension in narrative form and, if | 1284 |
applicable, by identifying the section of the Revised Code | 1285 |
violated. The failure of the attorney general to give the written | 1286 |
notice of the reasons for the refusal, revocation, or suspension | 1287 |
or a mistake in the written notice does not affect the validity of | 1288 |
the attorney general's refusal to grant, or the revocation or | 1289 |
suspension of, a license. If the attorney general fails to give | 1290 |
the written notice or if there is a mistake in the written notice, | 1291 |
the applicant may bring an action to compel the attorney general | 1292 |
to comply with this division or to correct the mistake, but the | 1293 |
attorney general's order refusing to grant, or revoking or | 1294 |
suspending, a license shall not be enjoined during the pendency of | 1295 |
the action. | 1296 |
(F) A charitable organization that has been issued a license | 1297 |
pursuant to division (B) of this section but that cannot conduct | 1298 |
bingo or instant bingo at the location, or on the day of the week | 1299 |
or at the time, specified on the license due to circumstances that | 1300 |
make it impractical to do so may apply in writing, together with | 1301 |
an application fee of two hundred fifty dollars, to the attorney | 1302 |
general, at least thirty days prior to a change in location, day | 1303 |
of the week, or time, and request an amended license. The | 1304 |
application shall describe the causes making it impractical for | 1305 |
the organization to conduct bingo or instant bingo in conformity | 1306 |
with its license and shall indicate the location, days of the | 1307 |
week, and times on each of those days when it desires to conduct | 1308 |
bingo or instant bingo. Except as otherwise provided in this | 1309 |
division, the attorney general shall issue the amended license in | 1310 |
accordance with division (E) of this section, and the organization | 1311 |
shall surrender its original license to the attorney general. The | 1312 |
attorney general may refuse to grant an amended license according | 1313 |
to the terms of division (B) of this section. | 1314 |
(G) The attorney general, by rule adopted pursuant to section | 1315 |
111.15 of the Revised Code, shall establish a schedule of reduced | 1316 |
license fees for charitable organizations that desire to conduct | 1317 |
bingo or instant bingo during fewer than twenty-six weeks in any | 1318 |
calendar year. | 1319 |
(H) The attorney general, by rule adopted pursuant to section | 1320 |
111.15 of the Revised Code, shall establish license fees for the | 1321 |
conduct of bingo, instant bingo at a bingo session, or instant | 1322 |
bingo other than at a bingo session for charitable organizations | 1323 |
that prior to | 1324 |
have not been licensed to conduct bingo, instant bingo at a bingo | 1325 |
session, or instant bingo other than at a bingo session under this | 1326 |
chapter. | 1327 |
(I) The attorney general may enter into a written contract | 1328 |
with any other state agency to delegate to that state agency the | 1329 |
powers prescribed to the attorney general under Chapter 2915. of | 1330 |
the Revised Code. | 1331 |
(J) The attorney general, by rule adopted pursuant to section | 1332 |
111.15 of the Revised Code, may adopt rules to determine the | 1333 |
requirements for a charitable organization that is exempt from | 1334 |
federal income taxation under subsection 501(a) and described in | 1335 |
subsection 501(c)(3) of the Internal Revenue Code to be in good | 1336 |
standing in the state. | 1337 |
Sec. 2915.09. (A) No charitable organization that conducts | 1338 |
bingo shall fail to do any of the following: | 1339 |
(1) Own all of the equipment used to conduct bingo or lease | 1340 |
that equipment from a charitable organization that is licensed to | 1341 |
conduct bingo, or from the landlord of a premises where bingo is | 1342 |
conducted, for a rental rate that is not more than is customary | 1343 |
and reasonable for that equipment; | 1344 |
(2) Except as otherwise provided in division (A)(3) of this | 1345 |
section, use all of the gross receipts from bingo for paying | 1346 |
prizes, for reimbursement of expenses for or for renting premises | 1347 |
in which to conduct a bingo session, for reimbursement of expenses | 1348 |
for or for purchasing or leasing bingo supplies used in conducting | 1349 |
bingo, for reimbursement of expenses for or for hiring security | 1350 |
personnel, for reimbursement of expenses for or for advertising | 1351 |
bingo, or for reimbursement of other expenses or for other | 1352 |
expenses listed in division | 1353 |
Revised Code, provided that the amount of the receipts so spent is | 1354 |
not more than is customary and reasonable for a similar purchase, | 1355 |
lease, hiring, advertising, or expense. If the building in which | 1356 |
bingo is conducted is owned by the charitable organization | 1357 |
conducting bingo and the bingo conducted includes a form of bingo | 1358 |
described in division | 1359 |
Code, the charitable organization may deduct from the total amount | 1360 |
of the gross receipts from each session a sum equal to the lesser | 1361 |
of six hundred dollars or forty-five per cent of the gross | 1362 |
receipts from the bingo described in that division as | 1363 |
consideration for the use of the premises. | 1364 |
(3) Use, or give, donate, or otherwise transfer, all of the | 1365 |
net profit derived from bingo, other than instant bingo, for a | 1366 |
charitable purpose listed in its license application and described | 1367 |
in division | 1368 |
distribute all of the net profit from the proceeds of the sale of | 1369 |
instant bingo as stated in its license application and in | 1370 |
accordance with section 2915.101 of the Revised Code. | 1371 |
(B) No charitable organization that conducts a bingo game | 1372 |
described in division | 1373 |
Code shall fail to do any of the following: | 1374 |
(1) Conduct the bingo game on premises that are owned by the | 1375 |
charitable organization, on premises that are owned by another | 1376 |
charitable organization and leased from that charitable | 1377 |
organization for a rental rate not in excess of the lesser of six | 1378 |
hundred dollars per bingo session or forty-five per cent of the | 1379 |
gross receipts of the bingo session, on premises that are leased | 1380 |
from a person other than a charitable organization for a rental | 1381 |
rate that is not more than is customary and reasonable for | 1382 |
premises that are similar in location, size, and quality but not | 1383 |
in excess of four hundred fifty dollars per bingo session, or on | 1384 |
premises that are owned by a person other than a charitable | 1385 |
organization, that are leased from that person by another | 1386 |
charitable organization, and that are subleased from that other | 1387 |
charitable organization by the charitable organization for a | 1388 |
rental rate not in excess of four hundred fifty dollars per bingo | 1389 |
session. No charitable organization is required to pay property | 1390 |
taxes or assessments on premises that the charitable organization | 1391 |
leases from another person to conduct bingo sessions. If the | 1392 |
charitable organization leases from a person other than a | 1393 |
charitable organization the premises on which it conducts bingo | 1394 |
sessions, the lessor of the premises shall provide the premises to | 1395 |
the organization and shall not provide the organization with bingo | 1396 |
game operators, security personnel, concessions or concession | 1397 |
operators, bingo supplies, or any other type of service. A | 1398 |
charitable organization shall not lease or sublease premises that | 1399 |
it owns or leases to more than | 1400 |
1401 | |
conducting bingo sessions on the premises. A person that is not a | 1402 |
charitable organization shall not lease premises that it owns, | 1403 |
leases, or otherwise is empowered to lease to more than three | 1404 |
charitable organizations per calendar week for conducting bingo | 1405 |
sessions on the premises. In no case shall more than nine bingo | 1406 |
sessions be conducted on any premises in any calendar week. | 1407 |
(2) Display its license conspicuously at the premises where | 1408 |
the bingo session is conducted; | 1409 |
(3) Conduct the bingo session in accordance with the | 1410 |
definition of bingo set forth in division | 1411 |
2915.01 of the Revised Code. | 1412 |
(C) No charitable organization that conducts a bingo game | 1413 |
described in division | 1414 |
Code shall do any of the following: | 1415 |
(1) Pay any compensation to a bingo game operator for | 1416 |
operating a bingo session that is conducted by the charitable | 1417 |
organization or for preparing, selling, or serving food or | 1418 |
beverages at the site of the bingo session, permit any auxiliary | 1419 |
unit or society of the charitable organization to pay compensation | 1420 |
to any bingo game operator who prepares, sells, or serves food or | 1421 |
beverages at a bingo session conducted by the charitable | 1422 |
organization, or permit any auxiliary unit or society of the | 1423 |
charitable organization to prepare, sell, or serve food or | 1424 |
beverages at a bingo session conducted by the charitable | 1425 |
organization, if the auxiliary unit or society pays any | 1426 |
compensation to the bingo game operators who prepare, sell, or | 1427 |
serve the food or beverages; | 1428 |
(2) Pay consulting fees to any person for any services | 1429 |
performed in relation to the bingo session; | 1430 |
(3) Pay concession fees to any person who provides | 1431 |
refreshments to the participants in the bingo session; | 1432 |
(4) Except as otherwise provided in division (C)(4) of this | 1433 |
section, conduct more than three bingo sessions in any seven-day | 1434 |
period. A volunteer firefighter's organization or a volunteer | 1435 |
rescue service organization that conducts not more than five bingo | 1436 |
sessions in a calendar year may conduct more than three bingo | 1437 |
sessions in a seven-day period after notifying the attorney | 1438 |
general when it will conduct the sessions. | 1439 |
(5) Pay out more than six thousand dollars in prizes for | 1440 |
bingo games described in division | 1441 |
the Revised Code during any bingo session that is conducted by the | 1442 |
charitable organization. "Prizes" does not include awards from the | 1443 |
conduct of instant bingo. | 1444 |
(6) Conduct a bingo session at any time during the | 1445 |
eight-hour period between | 1446 |
time during, or within ten hours of, a bingo game conducted for | 1447 |
amusement only pursuant to section 2915.12 of the Revised Code, at | 1448 |
any premises not specified on its license, or on any day of the | 1449 |
week or during any time period not specified on its license. | 1450 |
Division (A)(6) of this section does not prohibit the sale of | 1451 |
instant bingo tickets beginning at nine a.m. for a bingo session | 1452 |
that begins at ten a.m. If circumstances make it impractical for | 1453 |
the charitable organization to conduct a bingo session at the | 1454 |
premises, or on the day of the week or at the time, specified on | 1455 |
its license, or if a charitable organization wants to conduct | 1456 |
bingo sessions on a day of the week or at a time other than the | 1457 |
day or time specified on its license, the charitable organization | 1458 |
may apply in writing to the attorney general for an amended | 1459 |
license pursuant to division (F) of section 2915.08 of the Revised | 1460 |
Code. A charitable organization may apply twice in each calendar | 1461 |
year for an amended license to conduct bingo sessions on a day of | 1462 |
the week or at a time other than the day or time specified on its | 1463 |
license. If the amended license is granted, the organization may | 1464 |
conduct bingo sessions at the premises, on the day of the week, | 1465 |
and at the time specified on its amended license. | 1466 |
(7) Permit any person whom the charitable organization knows, | 1467 |
or should have known, is under the age of eighteen to work as a | 1468 |
bingo game operator; | 1469 |
(8) Permit any person whom the charitable organization knows, | 1470 |
or should have known, has been convicted of a felony or gambling | 1471 |
offense in any jurisdiction to be a bingo game operator; | 1472 |
(9) Permit the lessor of the premises on which the bingo | 1473 |
session is conducted, if the lessor is not a charitable | 1474 |
organization, to provide the charitable organization with bingo | 1475 |
game operators, security personnel, concessions, bingo supplies, | 1476 |
or any other type of service; | 1477 |
(10) Purchase or lease bingo supplies from any person except | 1478 |
a distributor issued a license under section 2915.081 of the | 1479 |
Revised Code; | 1480 |
(11)(a) Use or permit the use of electronic bingo aids except | 1481 |
under the following circumstances: | 1482 |
(i) For any single participant, not more than ninety bingo | 1483 |
faces can be played using an electronic bingo aid or aids. | 1484 |
(ii) The charitable organization shall provide a participant | 1485 |
using an electronic bingo aid with corresponding paper bingo cards | 1486 |
or sheets. | 1487 |
(iii) The total price of bingo faces played with an | 1488 |
electronic bingo aid shall be equal to the total price of the same | 1489 |
number of bingo faces played with a paper bingo card or sheet sold | 1490 |
at the same bingo session but without an electronic bingo aid. | 1491 |
(iv) An electronic bingo aid cannot be part of an electronic | 1492 |
network other than a network that includes only bingo aids and | 1493 |
devices that are located on the premises at which the bingo is | 1494 |
being conducted or be interactive with any device not located on | 1495 |
the premises at which the bingo is being conducted. | 1496 |
(v) An electronic bingo aid cannot be used to participate in | 1497 |
bingo that is conducted at a location other than the location at | 1498 |
which the bingo session is conducted and at which the electronic | 1499 |
bingo aid is used. | 1500 |
(vi) An electronic bingo aid cannot be used to provide for | 1501 |
the input of numbers and letters announced by a bingo caller other | 1502 |
than the bingo caller who physically calls the numbers and letters | 1503 |
at the location at which the bingo session is conducted and at | 1504 |
which the electronic bingo aid is used. | 1505 |
(b) The attorney general may adopt rules in accordance with | 1506 |
Chapter 119. of the Revised Code that govern the use of electronic | 1507 |
bingo aids. The rules may include a requirement that an electronic | 1508 |
bingo aid be capable of being audited by the attorney general to | 1509 |
verify the number of bingo cards or sheets played during each | 1510 |
bingo session. | 1511 |
(12) Permit any person the charitable organization knows, or | 1512 |
should have known, to be under eighteen years of age to play bingo | 1513 |
described in division | 1514 |
Code. | 1515 |
(D)(1) Except as otherwise provided in division (D)(3) of | 1516 |
this section, no charitable organization shall provide to a bingo | 1517 |
game operator, and no bingo game operator shall receive or accept, | 1518 |
any commission, wage, salary, reward, tip, donation, gratuity, or | 1519 |
other form of compensation, directly or indirectly, regardless of | 1520 |
the source, for conducting bingo or providing other work or labor | 1521 |
at the site of bingo during a bingo session. | 1522 |
(2) Except as otherwise provided in division (D)(3) of this | 1523 |
section, no charitable organization shall provide to a bingo game | 1524 |
operator any commission, wage, salary, reward, tip, donation, | 1525 |
gratuity, or other form of compensation, directly or indirectly, | 1526 |
regardless of the source, for conducting instant bingo other than | 1527 |
at a bingo session at the site of instant bingo other than at a | 1528 |
bingo session. | 1529 |
(3) Nothing in division (D) of this section prohibits an | 1530 |
employee of a fraternal organization, veteran's organization, or | 1531 |
sporting organization from selling instant bingo tickets or cards | 1532 |
to the organization's members or invited guests, as long as no | 1533 |
portion of the employee's compensation is paid from any receipts | 1534 |
of bingo. | 1535 |
(E) Notwithstanding division (B)(1) of this section, a | 1536 |
charitable organization that, prior to December 6, 1977, has | 1537 |
entered into written agreements for the lease of premises it owns | 1538 |
to another charitable organization or other charitable | 1539 |
organizations for the conducting of bingo sessions so that more | 1540 |
than two bingo sessions are conducted per calendar week on the | 1541 |
premises, and a person that is not a charitable organization and | 1542 |
that, prior to December 6, 1977, has entered into written | 1543 |
agreements for the lease of premises it owns to charitable | 1544 |
organizations for the conducting of more than two bingo sessions | 1545 |
per calendar week on the premises, may continue to lease the | 1546 |
premises to those charitable organizations, provided that no more | 1547 |
than four sessions are conducted per calendar week, that the | 1548 |
lessor organization or person has notified the attorney general in | 1549 |
writing of the organizations that will conduct the sessions and | 1550 |
the days of the week and the times of the day on which the | 1551 |
sessions will be conducted, that the initial lease entered into | 1552 |
with each organization that will conduct the sessions was filed | 1553 |
with the attorney general prior to December 6, 1977, and that each | 1554 |
organization that will conduct the sessions was issued a license | 1555 |
to conduct bingo games by the attorney general prior to December | 1556 |
6, 1977. | 1557 |
(F) This section does not prohibit a bingo licensed | 1558 |
charitable organization or a game operator from giving any person | 1559 |
an instant bingo ticket as a prize. | 1560 |
(G) Whoever violates division (A)(2) of this section is | 1561 |
guilty of illegally conducting a bingo game, a felony of the | 1562 |
fourth degree. Except as otherwise provided in this division, | 1563 |
whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1564 |
(C)(1) to (12), or (D) of this section is guilty of a minor | 1565 |
misdemeanor. If the offender previously has been convicted of a | 1566 |
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1567 |
to (11), or (D) of this section, a violation of division (A)(1) or | 1568 |
(3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1569 |
misdemeanor of the first degree. Whoever violates division (C)(12) | 1570 |
of this section is guilty of a misdemeanor of the first degree, if | 1571 |
the offender previously has been convicted of a violation of | 1572 |
division (C)(12) of this section, a felony of the fourth degree. | 1573 |
Sec. 2915.091. (A) No charitable organization that conducts | 1574 |
instant bingo shall do any of the following: | 1575 |
(1) Fail to comply with the requirements of divisions (A)(1), | 1576 |
(2), and (3) of section 2915.09 of the Revised Code; | 1577 |
(2) Conduct instant bingo unless either of the following | 1578 |
applies: | 1579 |
(a) That organization is, and has received from the internal | 1580 |
revenue service a determination letter that is currently in effect | 1581 |
stating that the organization is, exempt from federal income | 1582 |
taxation under subsection 501(a), is described in subsection | 1583 |
501(c)(3) of the Internal Revenue Code, is a charitable | 1584 |
organization as defined in section 2915.01 of the Revised Code, is | 1585 |
in good standing in the state pursuant to section 2915.08 of the | 1586 |
Revised Code, and is in compliance with Chapter 1716. of the | 1587 |
Revised Code; | 1588 |
(b) That organization is, and has received from the internal | 1589 |
revenue service a determination letter that is currently in effect | 1590 |
stating that the organization is, exempt from federal income | 1591 |
taxation under subsection 501(a), is described in subsection | 1592 |
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's | 1593 |
organization described in subsection 501(c)(4) of the Internal | 1594 |
Revenue Code, and conducts instant bingo under section 2915.13 of | 1595 |
the Revised Code. | 1596 |
(3) Conduct instant bingo on any day, at any time, or at any | 1597 |
premises not specified on the organization's license issued | 1598 |
pursuant to section 2915.08 of the Revised Code; | 1599 |
(4) Permit any person whom the organization knows or should | 1600 |
have known has been convicted of a felony or gambling offense in | 1601 |
any jurisdiction to be a bingo game operator in the conduct of | 1602 |
instant bingo; | 1603 |
(5) Purchase or lease supplies used to conduct instant bingo | 1604 |
or punch board games from any person except a distributor licensed | 1605 |
under section 2915.081 of the Revised Code; | 1606 |
(6) Sell or provide any instant bingo ticket or card for a | 1607 |
price different from the price printed on it by the manufacturer | 1608 |
on either the instant bingo ticket or card or on the game flare; | 1609 |
(7) Sell an instant bingo ticket or card to a person under | 1610 |
eighteen years of age; | 1611 |
(8) Fail to keep unsold instant bingo tickets or cards for | 1612 |
less than three years; | 1613 |
(9) Pay any compensation to a bingo game operator for | 1614 |
conducting instant bingo that is conducted by the organization or | 1615 |
for preparing, selling, or serving food or beverages at the site | 1616 |
of the instant bingo game, permit any auxiliary unit or society of | 1617 |
the organization to pay compensation to any bingo game operator | 1618 |
who prepares, sells, or serves food or beverages at an instant | 1619 |
bingo game conducted by the organization, or permit any auxiliary | 1620 |
unit or society of the organization to prepare, sell, or serve | 1621 |
food or beverages at an instant bingo game conducted by the | 1622 |
organization, if the auxiliary unit or society pays any | 1623 |
compensation to the bingo game operators who prepare, sell, or | 1624 |
serve the food or beverages; | 1625 |
(10) Pay fees to any person for any services performed in | 1626 |
relation to an instant bingo game, except as provided in division | 1627 |
(D) of section 2915.093 of the Revised Code; | 1628 |
(11) Pay fees to any person who provides refreshments to the | 1629 |
participants in an instant bingo game; | 1630 |
(12)(a) Allow instant bingo tickets or cards to be sold to | 1631 |
bingo game operators at a premises at which the organization sells | 1632 |
instant bingo tickets or cards or to be sold to employees of a D | 1633 |
permit holder who are working at a premises at which instant bingo | 1634 |
tickets or cards are sold; | 1635 |
(b) Division (A)(12)(a) of this section does not prohibit a | 1636 |
licensed charitable organization or a bingo game operator from | 1637 |
giving any person an instant bingo ticket as a prize in place of a | 1638 |
cash prize won by a participant in an instant bingo game. In no | 1639 |
case shall an instant bingo ticket or card be sold or provided for | 1640 |
a price different from the price printed on it by the manufacturer | 1641 |
on either the instant bingo ticket or card or on the game flare. | 1642 |
(13) Fail to display its bingo license, and the serial | 1643 |
numbers of the deal of instant bingo tickets or cards to be sold, | 1644 |
conspicuously at each premises at which it sells instant bingo | 1645 |
tickets or cards; | 1646 |
(14) Possess a deal of instant bingo tickets or cards that | 1647 |
was not purchased from a distributor licensed under section | 1648 |
2915.081 of the Revised Code as reflected on an invoice issued by | 1649 |
the distributor that contains all of the information required by | 1650 |
division (E) of section 2915.10 of the Revised Code; | 1651 |
(15) | 1652 |
1653 | |
1654 | |
1655 |
| 1656 |
accordance with sections 2915.01 to 2915.13 of the Revised Code. | 1657 |
(B) | 1658 |
1659 | |
1660 | |
1661 | |
1662 | |
1663 | |
1664 | |
1665 |
| 1666 |
instant bingo ticket dispensers to sell instant bingo tickets or | 1667 |
cards. | 1668 |
(C) The attorney general may adopt rules in accordance with | 1669 |
Chapter 119. of the Revised Code that govern the conduct of | 1670 |
instant bingo by charitable organizations. Before those rules are | 1671 |
adopted, the attorney general shall reference the recommended | 1672 |
standards for opacity, randomization, minimum information, winner | 1673 |
protection, color, and cutting for instant bingo tickets or cards, | 1674 |
seal cards, and punch boards established by the North American | 1675 |
gaming regulators association. | 1676 |
(D) Whoever violates division (A) of this section or a rule | 1677 |
adopted under division (C) of this section is guilty of illegal | 1678 |
instant bingo conduct. Except as otherwise provided in this | 1679 |
division, illegal instant bingo conduct is a misdemeanor of the | 1680 |
first degree. If the offender previously has been convicted of a | 1681 |
violation of division (A) of this section or of such a rule, | 1682 |
illegal instant bingo conduct is a felony of the fifth degree. | 1683 |
Sec. 2915.092. (A)(1) Subject to division (A)(2) of this | 1684 |
section, a charitable organization, a public school, a chartered | 1685 |
nonpublic school, a community school, or a veteran's organization, | 1686 |
fraternal organization, or sporting organization that is exempt | 1687 |
from federal income taxation under subsection 501(a) and is | 1688 |
described in subsection 501(c)(3), 501(c)(4), 501(c)(7), | 1689 |
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code | 1690 |
may conduct a raffle to raise money for the organization or school | 1691 |
and does not need a license to conduct bingo in order to conduct a | 1692 |
raffle drawing that is not for profit. | 1693 |
(2) If a charitable organization that is described in | 1694 |
division (A)(1) of this section, but that is not also described in | 1695 |
subsection 501(c)(3) of the Internal Revenue Code, conducts a | 1696 |
raffle, the charitable organization shall distribute at least | 1697 |
fifty per cent of the net profit from the raffle to a charitable | 1698 |
purpose described in division | 1699 |
Revised Code or to a department or agency of the federal | 1700 |
government, the state, or any political subdivision. | 1701 |
(B) Except as provided in division (A) or (B) of this | 1702 |
section, no person shall conduct a raffle drawing that is for | 1703 |
profit or a raffle drawing that is not for profit. | 1704 |
(C) Whoever violates division (B) of this section is guilty | 1705 |
of illegal conduct of a raffle. Except as otherwise provided in | 1706 |
this division, illegal conduct of a raffle is a misdemeanor of the | 1707 |
first degree. If the offender previously has been convicted of a | 1708 |
violation of division (B) of this section, illegal conduct of a | 1709 |
raffle is a felony of the fifth degree. | 1710 |
Sec. 2915.093. (A) As used in this section, "retail income | 1711 |
from all commercial activity" means the income that a person | 1712 |
receives from the provision of goods, services, or activities that | 1713 |
are provided at the location where instant bingo other than at a | 1714 |
bingo session is conducted, including the sale of instant bingo | 1715 |
tickets. A religious organization that is exempt from federal | 1716 |
income taxation under subsection 501(a) and described in | 1717 |
subsection 501(c)(3) of the Internal Revenue Code, at not more | 1718 |
than one location at which it conducts its charitable programs, | 1719 |
may include donations from its members and guests as retail | 1720 |
income. | 1721 |
(B) | 1722 |
1723 | |
1724 |
| 1725 |
instant bingo other than at a bingo session, the charitable | 1726 |
instant bingo organization shall enter into a written contract | 1727 |
with the owner or lessor of the location at which the instant | 1728 |
bingo is conducted to allow the owner or lessor to assist in the | 1729 |
conduct of instant bingo other than at a bingo session, identify | 1730 |
each location where the instant bingo other than at a bingo | 1731 |
session is being conducted, and identify the owner or lessor of | 1732 |
each location. | 1733 |
(2) A charitable instant bingo organization that conducts | 1734 |
instant bingo other than at a bingo session is not required to | 1735 |
enter into a written contract with the owner or lessor of the | 1736 |
location at which the instant bingo is conducted, provided that | 1737 |
the owner or lessor is not assisting in the conduct of the instant | 1738 |
bingo other than at a bingo session and provided that the conduct | 1739 |
of the instant bingo other than at a bingo session at that | 1740 |
location is not more than five days per calendar year and not more | 1741 |
than ten hours per day. | 1742 |
| 1743 |
no charitable instant bingo organization shall conduct instant | 1744 |
bingo other than at a bingo session at a location where the | 1745 |
primary source of retail income from all commercial activity at | 1746 |
that location is the sale of instant bingo tickets. | 1747 |
| 1748 |
contract pursuant to division | 1749 |
full gross profit, minus the expenses incurred by the owner or | 1750 |
lessor of a location that can be attributed to conducting instant | 1751 |
bingo at that location, to the charitable instant bingo | 1752 |
organization, in return for the deal of instant bingo tickets. The | 1753 |
owner or lessor may retain the money that the owner or lessor | 1754 |
receives for selling the instant bingo tickets, provided, however, | 1755 |
that after the deal has been sold, the owner or lessor shall pay | 1756 |
to the charitable instant bingo organization the value of any | 1757 |
unredeemed instant bingo prizes remaining in the deal of instant | 1758 |
bingo tickets. | 1759 |
As used in this division, "full gross profit" means the | 1760 |
amount by which the total receipts of all instant bingo tickets, | 1761 |
if the deal had been sold in full, exceeds the amount that would | 1762 |
be paid out if all prizes were redeemed. | 1763 |
As used in this division, "expenses" means reasonable amounts | 1764 |
actually expended, and accounted for on a monthly basis, in total | 1765 |
not to exceed twenty per cent of the full gross profit of the | 1766 |
deal, for all of the following: | 1767 |
(1) Audits and accounting services; | 1768 |
(2) Safes; | 1769 |
(3) Cash registers; | 1770 |
(4) Advertising instant bingo; | 1771 |
(5) Tables and chairs; | 1772 |
(6) Wages for employees of the owner or lessor that are | 1773 |
attributable to managing or assisting with the conduct of instant | 1774 |
bingo; | 1775 |
(7) Expenses that can be attributed to maintaining the owner | 1776 |
or lessor's premises at which instant bingo is conducted, | 1777 |
including rent or other costs of facility ownership, property or | 1778 |
casualty insurance premiums, and utility costs. | 1779 |
The deduction of expenses under this section shall not make | 1780 |
any owner or lessor a professional solicitor as defined in | 1781 |
division (J) of section 1716.01 of the Revised Code. | 1782 |
| 1783 |
the attorney general with all of the following information: | 1784 |
(1) That the charitable instant bingo organization has | 1785 |
terminated a contract entered into pursuant to division | 1786 |
this section with an owner or lessor of a location; | 1787 |
(2) That the charitable instant bingo organization has | 1788 |
entered into a written contract pursuant to division | 1789 |
this section with a new owner or lessor of a location; | 1790 |
(3) That the charitable instant bingo organization is aware | 1791 |
of conduct by the owner or lessor of a location at which instant | 1792 |
bingo is conducted that is in violation of this chapter. | 1793 |
| 1794 |
volunteer firefighter's organization that is exempt from federal | 1795 |
income taxation under subsection 501(a) and described in | 1796 |
subsection 501(c)(3) of the Internal Revenue Code, that conducts | 1797 |
instant bingo other than at a bingo session on the premises where | 1798 |
the organization conducts firefighter training, that has conducted | 1799 |
instant bingo continuously for at least five years prior to July | 1800 |
1, 2003, and that, during each of those five years, had gross | 1801 |
receipts of at least one million five hundred thousand dollars. | 1802 |
Sec. 2915.094. (A) No owner or lessor of a location shall | 1803 |
assist a charitable instant bingo organization in the conduct of | 1804 |
instant bingo other than at a bingo session at that location | 1805 |
unless the owner or lessor has entered into a written contract, as | 1806 |
described in | 1807 |
with the charitable instant bingo organization to assist in the | 1808 |
conduct of instant bingo other than at a bingo session. | 1809 |
(B) The location of the lessor or owner shall be designated | 1810 |
as a location where the charitable instant bingo organization | 1811 |
conducts instant bingo other than at a bingo session. | 1812 |
(C) No owner or lessor of a location that enters into a | 1813 |
written contract as prescribed in division (A) of this section | 1814 |
shall violate any provision of Chapter 2915. of the Revised Code, | 1815 |
or permit, aid, or abet any other person in violating any | 1816 |
provision of Chapter 2915. of the Revised Code. | 1817 |
(D) No owner or lessor of a location that enters into a | 1818 |
written contract as prescribed in division (A) of this section | 1819 |
shall violate the terms of the contract. | 1820 |
(E)(1) Whoever violates division (C) or (D) of this section | 1821 |
is guilty of illegal instant bingo conduct. Except as otherwise | 1822 |
provided in this division, illegal instant bingo conduct is a | 1823 |
misdemeanor of the first degree. If the offender previously has | 1824 |
been convicted of a violation of division (C) or (D) of this | 1825 |
section, illegal instant bingo conduct is a felony of the fifth | 1826 |
degree. | 1827 |
(2) If an owner or lessor of a location knowingly, | 1828 |
intentionally, or recklessly violates division (C) or (D) of this | 1829 |
section, any license that the owner or lessor holds for the retail | 1830 |
sale of any goods on the owner's or lessor's premises that is | 1831 |
issued by the state or a political subdivision is subject to | 1832 |
suspension, revocation, or payment of a monetary penalty at the | 1833 |
request of the attorney general. | 1834 |
Sec. 2915.10. (A) No charitable organization that conducts | 1835 |
bingo or a game of chance pursuant to division (D) of section | 1836 |
2915.02 of the Revised Code shall fail to maintain the following | 1837 |
records for at least three years from the date on which the bingo | 1838 |
or game of chance is conducted: | 1839 |
(1) An itemized list of the gross receipts of each bingo | 1840 |
session, each game of instant bingo by serial number, each raffle, | 1841 |
each punch board game, and each game of chance, and an itemized | 1842 |
list of the gross profits of each game of instant bingo by serial | 1843 |
number; | 1844 |
(2) An itemized list of all expenses, other than prizes, that | 1845 |
are incurred in conducting bingo or instant bingo, the name of | 1846 |
each person to whom the expenses are paid, and a receipt for all | 1847 |
of the expenses; | 1848 |
(3) A list of all prizes awarded during each bingo session, | 1849 |
each raffle, each punch board game, and each game of chance | 1850 |
conducted by the charitable organization, the total prizes awarded | 1851 |
from each game of instant bingo by serial number, and the name, | 1852 |
address, and social security number of all persons who are winners | 1853 |
of prizes of six hundred dollars or more in value; | 1854 |
(4) An itemized list of the recipients of the net profit of | 1855 |
the bingo or game of chance, including the name and address of | 1856 |
each recipient to whom the money is distributed, and if the | 1857 |
organization uses the net profit of bingo, or the money or assets | 1858 |
received from a game of chance, for any charitable or other | 1859 |
purpose set forth in division | 1860 |
(D) of section 2915.02, or section 2915.101 of the Revised Code, a | 1861 |
list of each purpose and an itemized list of each expenditure for | 1862 |
each purpose; | 1863 |
(5) The number of persons who participate in any bingo | 1864 |
session or game of chance that is conducted by the charitable | 1865 |
organization; | 1866 |
(6) A list of receipts from the sale of food and beverages by | 1867 |
the charitable organization or one of its auxiliary units or | 1868 |
societies, if the receipts were excluded from gross receipts under | 1869 |
division | 1870 |
(7) An itemized list of all expenses incurred at each bingo | 1871 |
session, each raffle, each punch board game, or each game of | 1872 |
instant bingo conducted by the charitable organization in the sale | 1873 |
of food and beverages by the charitable organization or by an | 1874 |
auxiliary unit or society of the charitable organization, the name | 1875 |
of each person to whom the expenses are paid, and a receipt for | 1876 |
all of the expenses. | 1877 |
(B) A charitable organization shall keep the records that it | 1878 |
is required to maintain pursuant to division (A) of this section | 1879 |
at its principal place of business in this state or at its | 1880 |
headquarters in this state and shall notify the attorney general | 1881 |
of the location at which those records are kept. | 1882 |
(C) The gross profit from each bingo session or game | 1883 |
described in division
| 1884 |
Revised Code shall be deposited into a checking account devoted | 1885 |
exclusively to the bingo session or game. Payments for allowable | 1886 |
expenses incurred in conducting the bingo session or game and | 1887 |
payments to recipients of some or all of the net profit of the | 1888 |
bingo session or game shall be made only by checks drawn on the | 1889 |
bingo session or game account. | 1890 |
(D) Each charitable organization shall conduct and record an | 1891 |
inventory of all of its bingo supplies as of the first day of | 1892 |
November of each year. | 1893 |
(E) The attorney general may adopt rules in accordance with | 1894 |
Chapter 119. of the Revised Code that establish standards of | 1895 |
accounting, record keeping, and reporting to ensure that gross | 1896 |
receipts from bingo or games of chance are properly accounted for. | 1897 |
(F) A distributor shall maintain, for a period of three years | 1898 |
after the date of its sale or other provision, a record of each | 1899 |
instance of its selling or otherwise providing to another person | 1900 |
bingo supplies for use in this state. The record shall include all | 1901 |
of the following for each instance: | 1902 |
(1) The name of the manufacturer from which the distributor | 1903 |
purchased the bingo supplies and the date of the purchase; | 1904 |
(2) The name and address of the charitable organization or | 1905 |
other distributor to which the bingo supplies were sold or | 1906 |
otherwise provided; | 1907 |
(3) A description that clearly identifies the bingo supplies; | 1908 |
(4) Invoices that include the nonrepeating serial numbers of | 1909 |
all paper bingo cards and sheets and all instant bingo deals sold | 1910 |
or otherwise provided to each charitable organization. | 1911 |
(G) A manufacturer shall maintain, for a period of three | 1912 |
years after the date of its sale or other provision, a record of | 1913 |
each instance of its selling or otherwise providing bingo supplies | 1914 |
for use in this state. The record shall include all of the | 1915 |
following for each instance: | 1916 |
(1) The name and address of the distributor to whom the bingo | 1917 |
supplies were sold or otherwise provided; | 1918 |
(2) A description that clearly identifies the bingo supplies, | 1919 |
including serial numbers; | 1920 |
(3) Invoices that include the nonrepeating serial numbers of | 1921 |
all paper bingo cards and sheets and all instant bingo deals sold | 1922 |
or otherwise provided to each distributor. | 1923 |
(H) The attorney general or any law enforcement agency may do | 1924 |
all of the following: | 1925 |
(1) Investigate any charitable organization or any officer, | 1926 |
agent, trustee, member, or employee of the organization; | 1927 |
(2) Examine the accounts and records of the organization; | 1928 |
(3) Conduct inspections, audits, and observations of bingo or | 1929 |
games of chance; | 1930 |
(4) Conduct inspections of the premises where bingo or games | 1931 |
of chance are conducted; | 1932 |
(5) Take any other necessary and reasonable action to | 1933 |
determine if a violation of any provision of sections 2915.01 to | 1934 |
2915.13 of the Revised Code has occurred and to determine whether | 1935 |
section 2915.11 of the Revised Code has been complied with. | 1936 |
If any law enforcement agency has reasonable grounds to | 1937 |
believe that a charitable organization or an officer, agent, | 1938 |
trustee, member, or employee of the organization has violated any | 1939 |
provision of this chapter, the law enforcement agency may proceed | 1940 |
by action in the proper court to enforce this chapter, provided | 1941 |
that the law enforcement agency shall give written notice to the | 1942 |
attorney general when commencing an action as described in this | 1943 |
division. | 1944 |
(I) No person shall destroy, alter, conceal, withhold, or | 1945 |
deny access to any accounts or records of a charitable | 1946 |
organization that have been requested for examination, or | 1947 |
obstruct, impede, or interfere with any inspection, audit, or | 1948 |
observation of bingo or a game of chance or premises where bingo | 1949 |
or a game of chance is conducted, or refuse to comply with any | 1950 |
reasonable request of, or obstruct, impede, or interfere with any | 1951 |
other reasonable action undertaken by, the attorney general or a | 1952 |
law enforcement agency pursuant to division (H) of this section. | 1953 |
(J) Whoever violates division (A) or (I) of this section is | 1954 |
guilty of a misdemeanor of the first degree. | 1955 |
Sec. 2915.101. Except as otherwise provided by law, a | 1956 |
charitable organization that conducts instant bingo shall | 1957 |
distribute the net profit from the proceeds of the sale of instant | 1958 |
bingo as follows: | 1959 |
(A)(1) If a veteran's organization, a fraternal organization, | 1960 |
or a sporting organization conducted the instant bingo, the | 1961 |
organization shall distribute the net profit from the proceeds of | 1962 |
the sale of instant bingo, as follows: | 1963 |
(a) For the first two hundred fifty thousand dollars, or a | 1964 |
greater amount prescribed by the attorney general to adjust for | 1965 |
changes in prices as measured by the consumer price index as | 1966 |
defined in section 325.18 of the Revised Code and other factors | 1967 |
affecting the organization's expenses, as defined in division | 1968 |
1969 | |
profit from the proceeds of the sale of instant bingo generated in | 1970 |
a calendar year: | 1971 |
(i) At least twenty-five per cent shall be distributed to an | 1972 |
organization described in division | 1973 |
the Revised Code or to a department or agency of the federal | 1974 |
government, the state, or any political subdivision. | 1975 |
(ii) Not more than seventy-five per cent may be deducted and | 1976 |
retained by the organization for reimbursement of or for the | 1977 |
organization's expenses, as defined in division | 1978 |
section 2915.01 of the Revised Code, in conducting the instant | 1979 |
bingo game. | 1980 |
(b) For any net profit from the proceeds of the sale of | 1981 |
instant bingo of more than two hundred fifty thousand dollars or | 1982 |
an adjusted amount generated in a calendar year: | 1983 |
(i) A minimum of fifty per cent shall be distributed to an | 1984 |
organization described in division | 1985 |
the Revised Code or to a department or agency of the federal | 1986 |
government, the state, or any political subdivision. | 1987 |
(ii) Five per cent may be distributed for the organization's | 1988 |
own charitable purposes or to a community action agency. | 1989 |
(iii) Forty-five per cent may be deducted and retained by the | 1990 |
organization for reimbursement of or for the organization's | 1991 |
expenses, as defined in division | 1992 |
the Revised Code, in conducting the instant bingo game. | 1993 |
(2) If a veteran's organization, a fraternal organization, or | 1994 |
a sporting organization does not distribute the full percentages | 1995 |
specified in divisions (A)(1)(a) and (b) of this section for the | 1996 |
purposes specified in those divisions, the organization shall | 1997 |
distribute the balance of the net profit from the proceeds of the | 1998 |
sale of instant bingo not distributed or retained for those | 1999 |
purposes to an organization described in division | 2000 |
section 2915.01 of the Revised Code. | 2001 |
(B) If a charitable organization other than a veteran's | 2002 |
organization, a fraternal organization, or a sporting organization | 2003 |
conducted the instant bingo, the organization shall distribute one | 2004 |
hundred per cent of the net profit from the proceeds of the sale | 2005 |
of instant bingo to an organization described in division | 2006 |
2007 | |
department or agency of the federal government, the state, or any | 2008 |
political subdivision. | 2009 |
(C) Nothing in this section prohibits a veteran's | 2010 |
organization, a fraternal organization, or a sporting organization | 2011 |
from distributing any net profit from the proceeds of the sale of | 2012 |
instant bingo to an organization that is described in subsection | 2013 |
501(c)(3) of the Internal Revenue Code when the organization that | 2014 |
is described in subsection 501(c)(3) of the Internal Revenue Code | 2015 |
is one that makes donations to other organizations and permits | 2016 |
donors to advise or direct such donations so long as the donations | 2017 |
comply with requirements established in or pursuant to subsection | 2018 |
501(c)(3) of the Internal Revenue Code. | 2019 |
Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised | 2020 |
Code do not apply to bingo games that are conducted for the | 2021 |
purpose of amusement only. A bingo game is conducted for the | 2022 |
purpose of amusement only if it complies with all of the | 2023 |
requirements specified in either division (A)(1) or (2) of this | 2024 |
section: | 2025 |
(1)(a) The participants do not pay any money or any other | 2026 |
thing of value including an admission fee, or any fee for bingo | 2027 |
cards or sheets, objects to cover the spaces, or other devices | 2028 |
used in playing bingo, for the privilege of participating in the | 2029 |
bingo game, or to defray any costs of the game, or pay tips or | 2030 |
make donations during or immediately before or after the bingo | 2031 |
game. | 2032 |
(b) All prizes awarded during the course of the game are | 2033 |
nonmonetary, and in the form of merchandise, goods, or | 2034 |
entitlements to goods or services only, and the total value of all | 2035 |
prizes awarded during the game is less than one hundred dollars. | 2036 |
(c) No commission, wages, salary, reward, tip, donation, | 2037 |
gratuity, or other form of compensation, either directly or | 2038 |
indirectly, and regardless of the source, is paid to any bingo | 2039 |
game operator for work or labor performed at the site of the bingo | 2040 |
game. | 2041 |
(d) The bingo game is not conducted either during or within | 2042 |
ten hours of any of the following: | 2043 |
(i) A bingo session during which a charitable bingo game is | 2044 |
conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 2045 |
Code; | 2046 |
(ii) A scheme or game of chance, or bingo described in | 2047 |
division
| 2048 |
(e) The number of players participating in the bingo game | 2049 |
does not exceed fifty. | 2050 |
(2)(a) The participants do not pay money or any other thing | 2051 |
of value as an admission fee, and no participant is charged more | 2052 |
than twenty-five cents to purchase a bingo card or sheet, objects | 2053 |
to cover the spaces, or other devices used in playing bingo. | 2054 |
(b) The total amount of money paid by all of the participants | 2055 |
for bingo cards or sheets, objects to cover the spaces, or other | 2056 |
devices used in playing bingo does not exceed one hundred dollars. | 2057 |
(c) All of the money paid for bingo cards or sheets, objects | 2058 |
to cover spaces, or other devices used in playing bingo is used | 2059 |
only to pay winners monetary and nonmonetary prizes and to provide | 2060 |
refreshments. | 2061 |
(d) The total value of all prizes awarded during the game | 2062 |
does not exceed one hundred dollars. | 2063 |
(e) No commission, wages, salary, reward, tip, donation, | 2064 |
gratuity, or other form of compensation, either directly or | 2065 |
indirectly, and regardless of the source, is paid to any bingo | 2066 |
game operator for work or labor performed at the site of the bingo | 2067 |
game. | 2068 |
(f) The bingo game is not conducted during or within ten | 2069 |
hours of either of the following: | 2070 |
(i) A bingo session during which a charitable bingo game is | 2071 |
conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 2072 |
Code; | 2073 |
(ii) A scheme of chance or game of chance, or bingo described | 2074 |
in division | 2075 |
(g) All of the participants reside at the premises where the | 2076 |
bingo game is conducted. | 2077 |
(h) The bingo games are conducted on different days of the | 2078 |
week and not more than twice in a calendar week. | 2079 |
(B) The attorney general or any local law enforcement agency | 2080 |
may investigate the conduct of a bingo game that purportedly is | 2081 |
conducted for purposes of amusement only if there is reason to | 2082 |
believe that the purported amusement bingo game does not comply | 2083 |
with the requirements of either division (A)(1) or (2) of this | 2084 |
section. A local law enforcement agency may proceed by action in | 2085 |
the proper court to enforce this section if the local law | 2086 |
enforcement agency gives written notice to the attorney general | 2087 |
when commencing the action. | 2088 |
Sec. 2915.18. (A) The owner of a permitted location may | 2089 |
establish a charity card room on the premises of the permitted | 2090 |
location. The owner shall provide necessary game tables, chairs, | 2091 |
surveillance, and other equipment in the charity card room. | 2092 |
(B) A charitable organization may conduct games of chance in | 2093 |
a charity card room for up to one hundred twenty-eight hours | 2094 |
annually. Such hours need not be on consecutive days. More than | 2095 |
one charitable organization may conduct games of chance in a | 2096 |
charity card room simultaneously. | 2097 |
(C)(1) The charitable organization shall pay rent to the | 2098 |
owner of a permitted location in the amount of fifteen per cent of | 2099 |
the revenue made from conducting the games of chance in the | 2100 |
charity card room. | 2101 |
(2) A charitable organization shall pay expenses for | 2102 |
conducting games of chance in a charity card room, including | 2103 |
expenses for the following: dealers, payroll administration, | 2104 |
security, accounting, auditing, shuffle machine rental, insurance, | 2105 |
marketing, advertising, utilities, cleanup, maintenance, and | 2106 |
repair. A charitable organization may pay these expenses from its | 2107 |
share of the revenue made from conducting games of chance in the | 2108 |
charity card room. | 2109 |
(3) Charitable organizations may pool revenue and expenses | 2110 |
when applicable in a charity card room. | 2111 |
(4) One hundred per cent of the net revenue in a charity card | 2112 |
room remaining after payment of expenses and rent shall be paid to | 2113 |
each charitable organization on a pro rata basis, based on | 2114 |
volunteer hours of each charitable organization. | 2115 |
(D) Notwithstanding division (D) of section 2915.02 of the | 2116 |
Revised Code, a charitable organization may compensate dealers, | 2117 |
dealer supervisors, human resource personnel, and other related | 2118 |
personnel for operating games of chance in a charity card room. | 2119 |
Dealers also may accept tips from games of chance players. | 2120 |
(E) For the purposes of division (D)(1)(c) of section 2915.02 | 2121 |
of the Revised Code, a charitable organization may conduct games | 2122 |
of chance at a permitted location and conducting those games of | 2123 |
chance in a charity card room is considered a festival if the | 2124 |
charitable organization provides a display booth about the | 2125 |
charitable organization in the charity card room at all times when | 2126 |
it is conducting games of chance. | 2127 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 2128 |
Revised Code: | 2129 |
(A) "Beneficial interest" means any of the following: | 2130 |
(1) The interest of a person as a beneficiary under a trust | 2131 |
in which the trustee holds title to personal or real property; | 2132 |
(2) The interest of a person as a beneficiary under any other | 2133 |
trust arrangement under which any other person holds title to | 2134 |
personal or real property for the benefit of such person; | 2135 |
(3) The interest of a person under any other form of express | 2136 |
fiduciary arrangement under which any other person holds title to | 2137 |
personal or real property for the benefit of such person. | 2138 |
"Beneficial interest" does not include the interest of a | 2139 |
stockholder in a corporation or the interest of a partner in | 2140 |
either a general or limited partnership. | 2141 |
(B) "Costs of investigation and prosecution" and "costs of | 2142 |
investigation and litigation" mean all of the costs incurred by | 2143 |
the state or a county or municipal corporation under sections | 2144 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 2145 |
investigation of any criminal action or in the litigation and | 2146 |
investigation of any civil action, and includes, but is not | 2147 |
limited to, the costs of resources and personnel. | 2148 |
(C) "Enterprise" includes any individual, sole | 2149 |
proprietorship, partnership, limited partnership, corporation, | 2150 |
trust, union, government agency, or other legal entity, or any | 2151 |
organization, association, or group of persons associated in fact | 2152 |
although not a legal entity. "Enterprise" includes illicit as well | 2153 |
as licit enterprises. | 2154 |
(D) "Innocent person" includes any bona fide purchaser of | 2155 |
property that is allegedly involved in a violation of section | 2156 |
2923.32 of the Revised Code, including any person who establishes | 2157 |
a valid claim to or interest in the property in accordance with | 2158 |
division (E) of section 2981.04 of the Revised Code, and any | 2159 |
victim of an alleged violation of that section or of any | 2160 |
underlying offense involved in an alleged violation of that | 2161 |
section. | 2162 |
(E) "Pattern of corrupt activity" means two or more incidents | 2163 |
of corrupt activity, whether or not there has been a prior | 2164 |
conviction, that are related to the affairs of the same | 2165 |
enterprise, are not isolated, and are not so closely related to | 2166 |
each other and connected in time and place that they constitute a | 2167 |
single event. | 2168 |
At least one of the incidents forming the pattern shall occur | 2169 |
on or after January 1, 1986. Unless any incident was an aggravated | 2170 |
murder or murder, the last of the incidents forming the pattern | 2171 |
shall occur within six years after the commission of any prior | 2172 |
incident forming the pattern, excluding any period of imprisonment | 2173 |
served by any person engaging in the corrupt activity. | 2174 |
For the purposes of the criminal penalties that may be | 2175 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 2176 |
one of the incidents forming the pattern shall constitute a felony | 2177 |
under the laws of this state in existence at the time it was | 2178 |
committed or, if committed in violation of the laws of the United | 2179 |
States or of any other state, shall constitute a felony under the | 2180 |
law of the United States or the other state and would be a | 2181 |
criminal offense under the law of this state if committed in this | 2182 |
state. | 2183 |
(F) "Pecuniary value" means money, a negotiable instrument, a | 2184 |
commercial interest, or anything of value, as defined in section | 2185 |
1.03 of the Revised Code, or any other property or service that | 2186 |
has a value in excess of one hundred dollars. | 2187 |
(G) "Person" means any person, as defined in section 1.59 of | 2188 |
the Revised Code, and any governmental officer, employee, or | 2189 |
entity. | 2190 |
(H) "Personal property" means any personal property, any | 2191 |
interest in personal property, or any right, including, but not | 2192 |
limited to, bank accounts, debts, corporate stocks, patents, or | 2193 |
copyrights. Personal property and any beneficial interest in | 2194 |
personal property are deemed to be located where the trustee of | 2195 |
the property, the personal property, or the instrument evidencing | 2196 |
the right is located. | 2197 |
(I) "Corrupt activity" means engaging in, attempting to | 2198 |
engage in, conspiring to engage in, or soliciting, coercing, or | 2199 |
intimidating another person to engage in any of the following: | 2200 |
(1) Conduct defined as "racketeering activity" under the | 2201 |
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 2202 |
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 2203 |
(2) Conduct constituting any of the following: | 2204 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 2205 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 2206 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 2207 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 2208 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 2209 |
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 2210 |
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 2211 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 2212 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 2213 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 2214 |
division (E) or (G) of section 3772.99; division (J)(1) of section | 2215 |
4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D), | 2216 |
or (E) of section 4719.07; section 4719.08; or division (A) of | 2217 |
section 4719.09 of the Revised Code. | 2218 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 2219 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 2220 |
any violation of section 2915.02 of the Revised Code that occurs | 2221 |
on or after July 1, 1996, and that, had it occurred prior to that | 2222 |
date, would have been a violation of section 3769.11 of the | 2223 |
Revised Code as it existed prior to that date, or any violation of | 2224 |
section 2915.05 of the Revised Code that occurs on or after July | 2225 |
1, 1996, and that, had it occurred prior to that date, would have | 2226 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 2227 |
Revised Code as it existed prior to that date. | 2228 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 2229 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 2230 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 2231 |
of the Revised Code, any violation of section 2925.11 of the | 2232 |
Revised Code that is a felony of the first, second, third, or | 2233 |
fourth degree and that occurs on or after July 1, 1996, any | 2234 |
violation of section 2915.02 of the Revised Code that occurred | 2235 |
prior to July 1, 1996, any violation of section 2915.02 of the | 2236 |
Revised Code that occurs on or after July 1, 1996, and that, had | 2237 |
it occurred prior to that date, would not have been a violation of | 2238 |
section 3769.11 of the Revised Code as it existed prior to that | 2239 |
date, any violation of section 2915.06 of the Revised Code as it | 2240 |
existed prior to July 1, 1996, or any violation of division (B) of | 2241 |
section 2915.05 of the Revised Code as it exists on and after July | 2242 |
1, 1996, when the proceeds of the violation, the payments made in | 2243 |
the violation, the amount of a claim for payment or for any other | 2244 |
benefit that is false or deceptive and that is involved in the | 2245 |
violation, or the value of the contraband or other property | 2246 |
illegally possessed, sold, or purchased in the violation exceeds | 2247 |
one thousand dollars, or any combination of violations described | 2248 |
in division (I)(2)(c) of this section when the total proceeds of | 2249 |
the combination of violations, payments made in the combination of | 2250 |
violations, amount of the claims for payment or for other benefits | 2251 |
that is false or deceptive and that is involved in the combination | 2252 |
of violations, or value of the contraband or other property | 2253 |
illegally possessed, sold, or purchased in the combination of | 2254 |
violations exceeds one thousand dollars; | 2255 |
(d) Any violation of section 5743.112 of the Revised Code | 2256 |
when the amount of unpaid tax exceeds one hundred dollars; | 2257 |
(e) Any violation or combination of violations of section | 2258 |
2907.32 of the Revised Code involving any material or performance | 2259 |
containing a display of bestiality or of sexual conduct, as | 2260 |
defined in section 2907.01 of the Revised Code, that is explicit | 2261 |
and depicted with clearly visible penetration of the genitals or | 2262 |
clearly visible penetration by the penis of any orifice when the | 2263 |
total proceeds of the violation or combination of violations, the | 2264 |
payments made in the violation or combination of violations, or | 2265 |
the value of the contraband or other property illegally possessed, | 2266 |
sold, or purchased in the violation or combination of violations | 2267 |
exceeds one thousand dollars; | 2268 |
(f) Any combination of violations described in division | 2269 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 2270 |
Revised Code involving any material or performance containing a | 2271 |
display of bestiality or of sexual conduct, as defined in section | 2272 |
2907.01 of the Revised Code, that is explicit and depicted with | 2273 |
clearly visible penetration of the genitals or clearly visible | 2274 |
penetration by the penis of any orifice when the total proceeds of | 2275 |
the combination of violations, payments made in the combination of | 2276 |
violations, amount of the claims for payment or for other benefits | 2277 |
that is false or deceptive and that is involved in the combination | 2278 |
of violations, or value of the contraband or other property | 2279 |
illegally possessed, sold, or purchased in the combination of | 2280 |
violations exceeds one thousand dollars; | 2281 |
(g) Any violation of section 2905.32 of the Revised Code to | 2282 |
the extent the violation is not based solely on the same conduct | 2283 |
that constitutes corrupt activity pursuant to division (I)(2)(c) | 2284 |
of this section due to the conduct being in violation of section | 2285 |
2907.21 of the Revised Code. | 2286 |
(3) Conduct constituting a violation of any law of any state | 2287 |
other than this state that is substantially similar to the conduct | 2288 |
described in division (I)(2) of this section, provided the | 2289 |
defendant was convicted of the conduct in a criminal proceeding in | 2290 |
the other state; | 2291 |
(4) Animal or ecological terrorism; | 2292 |
(5)(a) Conduct constituting any of the following: | 2293 |
(i) Organized retail theft; | 2294 |
(ii) Conduct that constitutes one or more violations of any | 2295 |
law of any state other than this state, that is substantially | 2296 |
similar to organized retail theft, and that if committed in this | 2297 |
state would be organized retail theft, if the defendant was | 2298 |
convicted of or pleaded guilty to the conduct in a criminal | 2299 |
proceeding in the other state. | 2300 |
(b) By enacting division (I)(5)(a) of this section, it is the | 2301 |
intent of the general assembly to add organized retail theft and | 2302 |
the conduct described in division (I)(5)(a)(ii) of this section as | 2303 |
conduct constituting corrupt activity. The enactment of division | 2304 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 2305 |
of this section of organized retail theft and the conduct | 2306 |
described in division (I)(5)(a)(ii) of this section as conduct | 2307 |
constituting corrupt activity does not limit or preclude, and | 2308 |
shall not be construed as limiting or precluding, any prosecution | 2309 |
for a violation of section 2923.32 of the Revised Code that is | 2310 |
based on one or more violations of section 2913.02 or 2913.51 of | 2311 |
the Revised Code, one or more similar offenses under the laws of | 2312 |
this state or any other state, or any combination of any of those | 2313 |
violations or similar offenses, even though the conduct | 2314 |
constituting the basis for those violations or offenses could be | 2315 |
construed as also constituting organized retail theft or conduct | 2316 |
of the type described in division (I)(5)(a)(ii) of this section. | 2317 |
(J) "Real property" means any real property or any interest | 2318 |
in real property, including, but not limited to, any lease of, or | 2319 |
mortgage upon, real property. Real property and any beneficial | 2320 |
interest in it is deemed to be located where the real property is | 2321 |
located. | 2322 |
(K) "Trustee" means any of the following: | 2323 |
(1) Any person acting as trustee under a trust in which the | 2324 |
trustee holds title to personal or real property; | 2325 |
(2) Any person who holds title to personal or real property | 2326 |
for which any other person has a beneficial interest; | 2327 |
(3) Any successor trustee. | 2328 |
"Trustee" does not include an assignee or trustee for an | 2329 |
insolvent debtor or an executor, administrator, administrator with | 2330 |
the will annexed, testamentary trustee, guardian, or committee, | 2331 |
appointed by, under the control of, or accountable to a court. | 2332 |
(L) "Unlawful debt" means any money or other thing of value | 2333 |
constituting principal or interest of a debt that is legally | 2334 |
unenforceable in this state in whole or in part because the debt | 2335 |
was incurred or contracted in violation of any federal or state | 2336 |
law relating to the business of gambling activity or relating to | 2337 |
the business of lending money at an usurious rate unless the | 2338 |
creditor proves, by a preponderance of the evidence, that the | 2339 |
usurious rate was not intentionally set and that it resulted from | 2340 |
a good faith error by the creditor, notwithstanding the | 2341 |
maintenance of procedures that were adopted by the creditor to | 2342 |
avoid an error of that nature. | 2343 |
(M) "Animal activity" means any activity that involves the | 2344 |
use of animals or animal parts, including, but not limited to, | 2345 |
hunting, fishing, trapping, traveling, camping, the production, | 2346 |
preparation, or processing of food or food products, clothing or | 2347 |
garment manufacturing, medical research, other research, | 2348 |
entertainment, recreation, agriculture, biotechnology, or service | 2349 |
activity that involves the use of animals or animal parts. | 2350 |
(N) "Animal facility" means a vehicle, building, structure, | 2351 |
nature preserve, or other premises in which an animal is lawfully | 2352 |
kept, handled, housed, exhibited, bred, or offered for sale, | 2353 |
including, but not limited to, a zoo, rodeo, circus, amusement | 2354 |
park, hunting preserve, or premises in which a horse or dog event | 2355 |
is held. | 2356 |
(O) "Animal or ecological terrorism" means the commission of | 2357 |
any felony that involves causing or creating a substantial risk of | 2358 |
physical harm to any property of another, the use of a deadly | 2359 |
weapon or dangerous ordnance, or purposely, knowingly, or | 2360 |
recklessly causing serious physical harm to property and that | 2361 |
involves an intent to obstruct, impede, or deter any person from | 2362 |
participating in a lawful animal activity, from mining, foresting, | 2363 |
harvesting, gathering, or processing natural resources, or from | 2364 |
being lawfully present in or on an animal facility or research | 2365 |
facility. | 2366 |
(P) "Research facility" means a place, laboratory, | 2367 |
institution, medical care facility, government facility, or public | 2368 |
or private educational institution in which a scientific test, | 2369 |
experiment, or investigation involving the use of animals or other | 2370 |
living organisms is lawfully carried out, conducted, or attempted. | 2371 |
(Q) "Organized retail theft" means the theft of retail | 2372 |
property with a retail value of one thousand dollars or more from | 2373 |
one or more retail establishments with the intent to sell, | 2374 |
deliver, or transfer that property to a retail property fence. | 2375 |
(R) "Retail property" means any tangible personal property | 2376 |
displayed, held, stored, or offered for sale in or by a retail | 2377 |
establishment. | 2378 |
(S) "Retail property fence" means a person who possesses, | 2379 |
procures, receives, or conceals retail property that was | 2380 |
represented to the person as being stolen or that the person knows | 2381 |
or believes to be stolen. | 2382 |
(T) "Retail value" means the full retail value of the retail | 2383 |
property. In determining whether the retail value of retail | 2384 |
property equals or exceeds one thousand dollars, the value of all | 2385 |
retail property stolen from the retail establishment or retail | 2386 |
establishments by the same person or persons within any | 2387 |
one-hundred-eighty-day period shall be aggregated. | 2388 |
Sec. 2933.51. As used in sections 2933.51 to 2933.66 of the | 2389 |
Revised Code: | 2390 |
(A) "Wire communication" means an aural transfer that is made | 2391 |
in whole or in part through the use of facilities for the | 2392 |
transmission of communications by the aid of wires or similar | 2393 |
methods of connecting the point of origin of the communication and | 2394 |
the point of reception of the communication, including the use of | 2395 |
a method of connecting the point of origin and the point of | 2396 |
reception of the communication in a switching station, if the | 2397 |
facilities are furnished or operated by a person engaged in | 2398 |
providing or operating the facilities for the transmission of | 2399 |
communications. "Wire communication" includes an electronic | 2400 |
storage of a wire communication. | 2401 |
(B) "Oral communication" means an oral communication uttered | 2402 |
by a person exhibiting an expectation that the communication is | 2403 |
not subject to interception under circumstances justifying that | 2404 |
expectation. "Oral communication" does not include an electronic | 2405 |
communication. | 2406 |
(C) "Intercept" means the aural or other acquisition of the | 2407 |
contents of any wire, oral, or electronic communication through | 2408 |
the use of an interception device. | 2409 |
(D) "Interception device" means an electronic, mechanical, or | 2410 |
other device or apparatus that can be used to intercept a wire, | 2411 |
oral, or electronic communication. "Interception device" does not | 2412 |
mean any of the following: | 2413 |
(1) A telephone or telegraph instrument, equipment, or | 2414 |
facility, or any of its components, if the instrument, equipment, | 2415 |
facility, or component is any of the following: | 2416 |
(a) Furnished to the subscriber or user by a provider of wire | 2417 |
or electronic communication service in the ordinary course of its | 2418 |
business and being used by the subscriber or user in the ordinary | 2419 |
course of its business; | 2420 |
(b) Furnished by a subscriber or user for connection to the | 2421 |
facilities of a provider of wire or electronic communication | 2422 |
service and used in the ordinary course of that subscriber's or | 2423 |
user's business; | 2424 |
(c) Being used by a provider of wire or electronic | 2425 |
communication service in the ordinary course of its business or by | 2426 |
an investigative or law enforcement officer in the ordinary course | 2427 |
of the officer's duties that do not involve the interception of | 2428 |
wire, oral, or electronic communications. | 2429 |
(2) A hearing aid or similar device being used to correct | 2430 |
subnormal hearing to not better than normal. | 2431 |
(E) "Investigative officer" means any of the following: | 2432 |
(1) An officer of this state or a political subdivision of | 2433 |
this state, who is empowered by law to conduct investigations or | 2434 |
to make arrests for a designated offense; | 2435 |
(2) A person described in divisions (A)(11)(a) and (b) of | 2436 |
section 2901.01 of the Revised Code; | 2437 |
(3) An attorney authorized by law to prosecute or participate | 2438 |
in the prosecution of a designated offense; | 2439 |
(4) A secret service officer appointed pursuant to section | 2440 |
309.07 of the Revised Code; | 2441 |
(5) An officer of the United States, a state, or a political | 2442 |
subdivision of a state who is authorized to conduct investigations | 2443 |
pursuant to the "Electronic Communications Privacy Act of 1986," | 2444 |
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended. | 2445 |
(F) "Interception warrant" means a court order that | 2446 |
authorizes the interception of wire, oral, or electronic | 2447 |
communications and that is issued pursuant to sections 2933.53 to | 2448 |
2933.56 of the Revised Code. | 2449 |
(G) "Contents," when used with respect to a wire, oral, or | 2450 |
electronic communication, includes any information concerning the | 2451 |
substance, purport, or meaning of the communication. | 2452 |
(H) "Communications common carrier" means a person who is | 2453 |
engaged as a common carrier for hire in intrastate, interstate, or | 2454 |
foreign communications by wire, radio, or radio transmission of | 2455 |
energy. "Communications common carrier" does not include, to the | 2456 |
extent that the person is engaged in radio broadcasting, a person | 2457 |
engaged in radio broadcasting. | 2458 |
(I) "Designated offense" means any of the following: | 2459 |
(1) A felony violation of section 1315.53, 1315.55, 2903.01, | 2460 |
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32, | 2461 |
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, | 2462 |
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, | 2463 |
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, | 2464 |
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, | 2465 |
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or | 2466 |
2925.06 or of division (B) of section 2915.05 or of division (E) | 2467 |
or (G) of section 3772.99 of the Revised Code; | 2468 |
(2) A violation of section 2919.23 of the Revised Code that, | 2469 |
had it occurred prior to July 1, 1996, would have been a violation | 2470 |
of section 2905.04 of the Revised Code as it existed prior to that | 2471 |
date; | 2472 |
(3) A felony violation of section 2925.11 of the Revised Code | 2473 |
that is not a minor drug possession offense, as defined in section | 2474 |
2925.01 of the Revised Code; | 2475 |
(4) Complicity in the commission of a felony violation of a | 2476 |
section listed in division (I)(1), (2), or (3) of this section; | 2477 |
(5) An attempt to commit, or conspiracy in the commission of, | 2478 |
a felony violation of a section listed in division (I)(1), (2), or | 2479 |
(3) of this section, if the attempt or conspiracy is punishable by | 2480 |
a term of imprisonment of more than one year. | 2481 |
(J) "Aggrieved person" means a person who was a party to an | 2482 |
intercepted wire, oral, or electronic communication or a person | 2483 |
against whom the interception of the communication was directed. | 2484 |
(K) "Person" means a person, as defined in section 1.59 of | 2485 |
the Revised Code, or a governmental officer, employee, or entity. | 2486 |
(L) "Special need" means a showing that a licensed physician, | 2487 |
licensed practicing psychologist, attorney, practicing cleric, | 2488 |
journalist, or either spouse is personally engaging in continuing | 2489 |
criminal activity, was engaged in continuing criminal activity | 2490 |
over a period of time, or is committing, has committed, or is | 2491 |
about to commit, a designated offense, or a showing that specified | 2492 |
public facilities are being regularly used by someone who is | 2493 |
personally engaging in continuing criminal activity, was engaged | 2494 |
in continuing criminal activity over a period of time, or is | 2495 |
committing, has committed, or is about to commit, a designated | 2496 |
offense. | 2497 |
(M) "Journalist" means a person engaged in, connected with, | 2498 |
or employed by, any news media, including a newspaper, magazine, | 2499 |
press association, news agency, or wire service, a radio or | 2500 |
television station, or a similar media, for the purpose of | 2501 |
gathering, processing, transmitting, compiling, editing, or | 2502 |
disseminating news for the general public. | 2503 |
(N) "Electronic communication" means a transfer of a sign, | 2504 |
signal, writing, image, sound, datum, or intelligence of any | 2505 |
nature that is transmitted in whole or in part by a wire, radio, | 2506 |
electromagnetic, photoelectronic, or photo-optical system. | 2507 |
"Electronic communication" does not mean any of the following: | 2508 |
(1) A wire or oral communication; | 2509 |
(2) A communication made through a tone-only paging device; | 2510 |
(3) A communication from an electronic or mechanical tracking | 2511 |
device that permits the tracking of the movement of a person or | 2512 |
object. | 2513 |
(O) "User" means a person or entity that uses an electronic | 2514 |
communication service and is duly authorized by the provider of | 2515 |
the service to engage in the use of the electronic communication | 2516 |
service. | 2517 |
(P) "Electronic communications system" means a wire, radio, | 2518 |
electromagnetic, photoelectronic, or photo-optical facility for | 2519 |
the transmission of electronic communications, and a computer | 2520 |
facility or related electronic equipment for the electronic | 2521 |
storage of electronic communications. | 2522 |
(Q) "Electronic communication service" means a service that | 2523 |
provides to users of the service the ability to send or receive | 2524 |
wire or electronic communications. | 2525 |
(R) "Readily accessible to the general public" means, with | 2526 |
respect to a radio communication, that the communication is none | 2527 |
of the following: | 2528 |
(1) Scrambled or encrypted; | 2529 |
(2) Transmitted using a modulation technique, the essential | 2530 |
parameters of which have been withheld from the public with the | 2531 |
intention of preserving the privacy of the communication; | 2532 |
(3) Carried on a subcarrier or other signal subsidiary to a | 2533 |
radio transmission; | 2534 |
(4) Transmitted over a communications system provided by a | 2535 |
communications common carrier, unless the communication is a | 2536 |
tone-only paging system communication; | 2537 |
(5) Transmitted on a frequency allocated under part 25, | 2538 |
subpart D, E, or F of part 74, or part 94 of the Rules of the | 2539 |
Federal Communications Commission, as those provisions existed on | 2540 |
July 1, 1996, unless, in the case of a communication transmitted | 2541 |
on a frequency allocated under part 74 that is not exclusively | 2542 |
allocated to broadcast auxiliary services, the communication is a | 2543 |
two-way voice communication by radio. | 2544 |
(S) "Electronic storage" means a temporary, intermediate | 2545 |
storage of a wire or electronic communication that is incidental | 2546 |
to the electronic transmission of the communication, and a storage | 2547 |
of a wire or electronic communication by an electronic | 2548 |
communication service for the purpose of backup protection of the | 2549 |
communication. | 2550 |
(T) "Aural transfer" means a transfer containing the human | 2551 |
voice at a point between and including the point of origin and the | 2552 |
point of reception. | 2553 |
(U) "Pen register" means a device that records or decodes | 2554 |
electronic impulses that identify the numbers dialed, pulsed, or | 2555 |
otherwise transmitted on telephone lines to which the device is | 2556 |
attached. | 2557 |
(V) "Trap and trace device" means a device that captures the | 2558 |
incoming electronic or other impulses that identify the | 2559 |
originating number of an instrument or device from which a wire | 2560 |
communication or electronic communication was transmitted but that | 2561 |
does not intercept the contents of the wire communication or | 2562 |
electronic communication. | 2563 |
(W) "Judge of a court of common pleas" means a judge of that | 2564 |
court who is elected or appointed as a judge of general | 2565 |
jurisdiction or as a judge who exercises both general jurisdiction | 2566 |
and probate, domestic relations, or juvenile jurisdiction. "Judge | 2567 |
of a court of common pleas" does not mean a judge of that court | 2568 |
who is elected or appointed specifically as a probate, domestic | 2569 |
relations, or juvenile judge. | 2570 |
Sec. 3301.0714. (A) The state board of education shall adopt | 2571 |
rules for a statewide education management information system. The | 2572 |
rules shall require the state board to establish guidelines for | 2573 |
the establishment and maintenance of the system in accordance with | 2574 |
this section and the rules adopted under this section. The | 2575 |
guidelines shall include: | 2576 |
(1) Standards identifying and defining the types of data in | 2577 |
the system in accordance with divisions (B) and (C) of this | 2578 |
section; | 2579 |
(2) Procedures for annually collecting and reporting the data | 2580 |
to the state board in accordance with division (D) of this | 2581 |
section; | 2582 |
(3) Procedures for annually compiling the data in accordance | 2583 |
with division (G) of this section; | 2584 |
(4) Procedures for annually reporting the data to the public | 2585 |
in accordance with division (H) of this section. | 2586 |
(B) The guidelines adopted under this section shall require | 2587 |
the data maintained in the education management information system | 2588 |
to include at least the following: | 2589 |
(1) Student participation and performance data, for each | 2590 |
grade in each school district as a whole and for each grade in | 2591 |
each school building in each school district, that includes: | 2592 |
(a) The numbers of students receiving each category of | 2593 |
instructional service offered by the school district, such as | 2594 |
regular education instruction, vocational education instruction, | 2595 |
specialized instruction programs or enrichment instruction that is | 2596 |
part of the educational curriculum, instruction for gifted | 2597 |
students, instruction for students with disabilities, and remedial | 2598 |
instruction. The guidelines shall require instructional services | 2599 |
under this division to be divided into discrete categories if an | 2600 |
instructional service is limited to a specific subject, a specific | 2601 |
type of student, or both, such as regular instructional services | 2602 |
in mathematics, remedial reading instructional services, | 2603 |
instructional services specifically for students gifted in | 2604 |
mathematics or some other subject area, or instructional services | 2605 |
for students with a specific type of disability. The categories of | 2606 |
instructional services required by the guidelines under this | 2607 |
division shall be the same as the categories of instructional | 2608 |
services used in determining cost units pursuant to division | 2609 |
(C)(3) of this section. | 2610 |
(b) The numbers of students receiving support or | 2611 |
extracurricular services for each of the support services or | 2612 |
extracurricular programs offered by the school district, such as | 2613 |
counseling services, health services, and extracurricular sports | 2614 |
and fine arts programs. The categories of services required by the | 2615 |
guidelines under this division shall be the same as the categories | 2616 |
of services used in determining cost units pursuant to division | 2617 |
(C)(4)(a) of this section. | 2618 |
(c) Average student grades in each subject in grades nine | 2619 |
through twelve; | 2620 |
(d) Academic achievement levels as assessed under sections | 2621 |
3301.0710, 3301.0711, and 3301.0712 of the Revised Code; | 2622 |
(e) The number of students designated as having a disabling | 2623 |
condition pursuant to division (C)(1) of section 3301.0711 of the | 2624 |
Revised Code; | 2625 |
(f) The numbers of students reported to the state board | 2626 |
pursuant to division (C)(2) of section 3301.0711 of the Revised | 2627 |
Code; | 2628 |
(g) Attendance rates and the average daily attendance for the | 2629 |
year. For purposes of this division, a student shall be counted as | 2630 |
present for any field trip that is approved by the school | 2631 |
administration. | 2632 |
(h) Expulsion rates; | 2633 |
(i) Suspension rates; | 2634 |
(j) Dropout rates; | 2635 |
(k) Rates of retention in grade; | 2636 |
(l) For pupils in grades nine through twelve, the average | 2637 |
number of carnegie units, as calculated in accordance with state | 2638 |
board of education rules; | 2639 |
(m) Graduation rates, to be calculated in a manner specified | 2640 |
by the department of education that reflects the rate at which | 2641 |
students who were in the ninth grade three years prior to the | 2642 |
current year complete school and that is consistent with | 2643 |
nationally accepted reporting requirements; | 2644 |
(n) Results of diagnostic assessments administered to | 2645 |
kindergarten students as required under section 3301.0715 of the | 2646 |
Revised Code to permit a comparison of the academic readiness of | 2647 |
kindergarten students. However, no district shall be required to | 2648 |
report to the department the results of any diagnostic assessment | 2649 |
administered to a kindergarten student if the parent of that | 2650 |
student requests the district not to report those results. | 2651 |
(2) Personnel and classroom enrollment data for each school | 2652 |
district, including: | 2653 |
(a) The total numbers of licensed employees and nonlicensed | 2654 |
employees and the numbers of full-time equivalent licensed | 2655 |
employees and nonlicensed employees providing each category of | 2656 |
instructional service, instructional support service, and | 2657 |
administrative support service used pursuant to division (C)(3) of | 2658 |
this section. The guidelines adopted under this section shall | 2659 |
require these categories of data to be maintained for the school | 2660 |
district as a whole and, wherever applicable, for each grade in | 2661 |
the school district as a whole, for each school building as a | 2662 |
whole, and for each grade in each school building. | 2663 |
(b) The total number of employees and the number of full-time | 2664 |
equivalent employees providing each category of service used | 2665 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 2666 |
total numbers of licensed employees and nonlicensed employees and | 2667 |
the numbers of full-time equivalent licensed employees and | 2668 |
nonlicensed employees providing each category used pursuant to | 2669 |
division (C)(4)(c) of this section. The guidelines adopted under | 2670 |
this section shall require these categories of data to be | 2671 |
maintained for the school district as a whole and, wherever | 2672 |
applicable, for each grade in the school district as a whole, for | 2673 |
each school building as a whole, and for each grade in each school | 2674 |
building. | 2675 |
(c) The total number of regular classroom teachers teaching | 2676 |
classes of regular education and the average number of pupils | 2677 |
enrolled in each such class, in each of grades kindergarten | 2678 |
through five in the district as a whole and in each school | 2679 |
building in the school district. | 2680 |
(d) The number of lead teachers employed by each school | 2681 |
district and each school building. | 2682 |
(3)(a) Student demographic data for each school district, | 2683 |
including information regarding the gender ratio of the school | 2684 |
district's pupils, the racial make-up of the school district's | 2685 |
pupils, the number of limited English proficient students in the | 2686 |
district, and an appropriate measure of the number of the school | 2687 |
district's pupils who reside in economically disadvantaged | 2688 |
households. The demographic data shall be collected in a manner to | 2689 |
allow correlation with data collected under division (B)(1) of | 2690 |
this section. Categories for data collected pursuant to division | 2691 |
(B)(3) of this section shall conform, where appropriate, to | 2692 |
standard practices of agencies of the federal government. | 2693 |
(b) With respect to each student entering kindergarten, | 2694 |
whether the student previously participated in a public preschool | 2695 |
program, a private preschool program, or a head start program, and | 2696 |
the number of years the student participated in each of these | 2697 |
programs. | 2698 |
(4) Any data required to be collected pursuant to federal | 2699 |
law. | 2700 |
(C) The education management information system shall include | 2701 |
cost accounting data for each district as a whole and for each | 2702 |
school building in each school district. The guidelines adopted | 2703 |
under this section shall require the cost data for each school | 2704 |
district to be maintained in a system of mutually exclusive cost | 2705 |
units and shall require all of the costs of each school district | 2706 |
to be divided among the cost units. The guidelines shall require | 2707 |
the system of mutually exclusive cost units to include at least | 2708 |
the following: | 2709 |
(1) Administrative costs for the school district as a whole. | 2710 |
The guidelines shall require the cost units under this division | 2711 |
(C)(1) to be designed so that each of them may be compiled and | 2712 |
reported in terms of average expenditure per pupil in formula ADM | 2713 |
in the school district, as determined pursuant to section 3317.03 | 2714 |
of the Revised Code. | 2715 |
(2) Administrative costs for each school building in the | 2716 |
school district. The guidelines shall require the cost units under | 2717 |
this division (C)(2) to be designed so that each of them may be | 2718 |
compiled and reported in terms of average expenditure per | 2719 |
full-time equivalent pupil receiving instructional or support | 2720 |
services in each building. | 2721 |
(3) Instructional services costs for each category of | 2722 |
instructional service provided directly to students and required | 2723 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 2724 |
section. The guidelines shall require the cost units under | 2725 |
division (C)(3) of this section to be designed so that each of | 2726 |
them may be compiled and reported in terms of average expenditure | 2727 |
per pupil receiving the service in the school district as a whole | 2728 |
and average expenditure per pupil receiving the service in each | 2729 |
building in the school district and in terms of a total cost for | 2730 |
each category of service and, as a breakdown of the total cost, a | 2731 |
cost for each of the following components: | 2732 |
(a) The cost of each instructional services category required | 2733 |
by guidelines adopted under division (B)(1)(a) of this section | 2734 |
that is provided directly to students by a classroom teacher; | 2735 |
(b) The cost of the instructional support services, such as | 2736 |
services provided by a speech-language pathologist, classroom | 2737 |
aide, multimedia aide, or librarian, provided directly to students | 2738 |
in conjunction with each instructional services category; | 2739 |
(c) The cost of the administrative support services related | 2740 |
to each instructional services category, such as the cost of | 2741 |
personnel that develop the curriculum for the instructional | 2742 |
services category and the cost of personnel supervising or | 2743 |
coordinating the delivery of the instructional services category. | 2744 |
(4) Support or extracurricular services costs for each | 2745 |
category of service directly provided to students and required by | 2746 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 2747 |
The guidelines shall require the cost units under division (C)(4) | 2748 |
of this section to be designed so that each of them may be | 2749 |
compiled and reported in terms of average expenditure per pupil | 2750 |
receiving the service in the school district as a whole and | 2751 |
average expenditure per pupil receiving the service in each | 2752 |
building in the school district and in terms of a total cost for | 2753 |
each category of service and, as a breakdown of the total cost, a | 2754 |
cost for each of the following components: | 2755 |
(a) The cost of each support or extracurricular services | 2756 |
category required by guidelines adopted under division (B)(1)(b) | 2757 |
of this section that is provided directly to students by a | 2758 |
licensed employee, such as services provided by a guidance | 2759 |
counselor or any services provided by a licensed employee under a | 2760 |
supplemental contract; | 2761 |
(b) The cost of each such services category provided directly | 2762 |
to students by a nonlicensed employee, such as janitorial | 2763 |
services, cafeteria services, or services of a sports trainer; | 2764 |
(c) The cost of the administrative services related to each | 2765 |
services category in division (C)(4)(a) or (b) of this section, | 2766 |
such as the cost of any licensed or nonlicensed employees that | 2767 |
develop, supervise, coordinate, or otherwise are involved in | 2768 |
administering or aiding the delivery of each services category. | 2769 |
(D)(1) The guidelines adopted under this section shall | 2770 |
require school districts to collect information about individual | 2771 |
students, staff members, or both in connection with any data | 2772 |
required by division (B) or (C) of this section or other reporting | 2773 |
requirements established in the Revised Code. The guidelines may | 2774 |
also require school districts to report information about | 2775 |
individual staff members in connection with any data required by | 2776 |
division (B) or (C) of this section or other reporting | 2777 |
requirements established in the Revised Code. The guidelines shall | 2778 |
not authorize school districts to request social security numbers | 2779 |
of individual students. The guidelines shall prohibit the | 2780 |
reporting under this section of a student's name, address, and | 2781 |
social security number to the state board of education or the | 2782 |
department of education. The guidelines shall also prohibit the | 2783 |
reporting under this section of any personally identifiable | 2784 |
information about any student, except for the purpose of assigning | 2785 |
the data verification code required by division (D)(2) of this | 2786 |
section, to any other person unless such person is employed by the | 2787 |
school district or the information technology center operated | 2788 |
under section 3301.075 of the Revised Code and is authorized by | 2789 |
the district or technology center to have access to such | 2790 |
information or is employed by an entity with which the department | 2791 |
contracts for the scoring of assessments administered under | 2792 |
section 3301.0711 of the Revised Code. The guidelines may require | 2793 |
school districts to provide the social security numbers of | 2794 |
individual staff members and the county of residence for a | 2795 |
student. Nothing in this section prohibits the state board of | 2796 |
education or department of education from providing a student's | 2797 |
county of residence to the department of taxation to facilitate | 2798 |
the distribution of tax revenue. | 2799 |
(2) The guidelines shall provide for each school district or | 2800 |
community school to assign a data verification code that is unique | 2801 |
on a statewide basis over time to each student whose initial Ohio | 2802 |
enrollment is in that district or school and to report all | 2803 |
required individual student data for that student utilizing such | 2804 |
code. The guidelines shall also provide for assigning data | 2805 |
verification codes to all students enrolled in districts or | 2806 |
community schools on the effective date of the guidelines | 2807 |
established under this section. | 2808 |
Individual student data shall be reported to the department | 2809 |
through the information technology centers utilizing the code but, | 2810 |
except as provided in sections 3310.11, 3310.42, 3310.63, | 2811 |
3313.978,
| 2812 |
shall the state board or the department have access to information | 2813 |
that would enable any data verification code to be matched to | 2814 |
personally identifiable student data. | 2815 |
Each school district shall ensure that the data verification | 2816 |
code is included in the student's records reported to any | 2817 |
subsequent school district, community school, or state institution | 2818 |
of higher education, as defined in section 3345.011 of the Revised | 2819 |
Code, in which the student enrolls. Any such subsequent district | 2820 |
or school shall utilize the same identifier in its reporting of | 2821 |
data under this section. | 2822 |
The director of health shall request and receive, pursuant to | 2823 |
sections 3301.0723 and 3701.62 of the Revised Code, a data | 2824 |
verification code for a child who is receiving services under | 2825 |
division (A)(2) of section 3701.61 of the Revised Code. | 2826 |
(E) The guidelines adopted under this section may require | 2827 |
school districts to collect and report data, information, or | 2828 |
reports other than that described in divisions (A), (B), and (C) | 2829 |
of this section for the purpose of complying with other reporting | 2830 |
requirements established in the Revised Code. The other data, | 2831 |
information, or reports may be maintained in the education | 2832 |
management information system but are not required to be compiled | 2833 |
as part of the profile formats required under division (G) of this | 2834 |
section or the annual statewide report required under division (H) | 2835 |
of this section. | 2836 |
(F) Beginning with the school year that begins July 1, 1991, | 2837 |
the board of education of each school district shall annually | 2838 |
collect and report to the state board, in accordance with the | 2839 |
guidelines established by the board, the data required pursuant to | 2840 |
this section. A school district may collect and report these data | 2841 |
notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 2842 |
(G) The state board shall, in accordance with the procedures | 2843 |
it adopts, annually compile the data reported by each school | 2844 |
district pursuant to division (D) of this section. The state board | 2845 |
shall design formats for profiling each school district as a whole | 2846 |
and each school building within each district and shall compile | 2847 |
the data in accordance with these formats. These profile formats | 2848 |
shall: | 2849 |
(1) Include all of the data gathered under this section in a | 2850 |
manner that facilitates comparison among school districts and | 2851 |
among school buildings within each school district; | 2852 |
(2) Present the data on academic achievement levels as | 2853 |
assessed by the testing of student achievement maintained pursuant | 2854 |
to division (B)(1)(d) of this section. | 2855 |
(H)(1) The state board shall, in accordance with the | 2856 |
procedures it adopts, annually prepare a statewide report for all | 2857 |
school districts and the general public that includes the profile | 2858 |
of each of the school districts developed pursuant to division (G) | 2859 |
of this section. Copies of the report shall be sent to each school | 2860 |
district. | 2861 |
(2) The state board shall, in accordance with the procedures | 2862 |
it adopts, annually prepare an individual report for each school | 2863 |
district and the general public that includes the profiles of each | 2864 |
of the school buildings in that school district developed pursuant | 2865 |
to division (G) of this section. Copies of the report shall be | 2866 |
sent to the superintendent of the district and to each member of | 2867 |
the district board of education. | 2868 |
(3) Copies of the reports received from the state board under | 2869 |
divisions (H)(1) and (2) of this section shall be made available | 2870 |
to the general public at each school district's offices. Each | 2871 |
district board of education shall make copies of each report | 2872 |
available to any person upon request and payment of a reasonable | 2873 |
fee for the cost of reproducing the report. The board shall | 2874 |
annually publish in a newspaper of general circulation in the | 2875 |
school district, at least twice during the two weeks prior to the | 2876 |
week in which the reports will first be available, a notice | 2877 |
containing the address where the reports are available and the | 2878 |
date on which the reports will be available. | 2879 |
(I) Any data that is collected or maintained pursuant to this | 2880 |
section and that identifies an individual pupil is not a public | 2881 |
record for the purposes of section 149.43 of the Revised Code. | 2882 |
(J) As used in this section: | 2883 |
(1) "School district" means any city, local, exempted | 2884 |
village, or joint vocational school district and, in accordance | 2885 |
with section 3314.17 of the Revised Code, any community school. As | 2886 |
used in division (L) of this section, "school district" also | 2887 |
includes any educational service center or other educational | 2888 |
entity required to submit data using the system established under | 2889 |
this section. | 2890 |
(2) "Cost" means any expenditure for operating expenses made | 2891 |
by a school district excluding any expenditures for debt | 2892 |
retirement except for payments made to any commercial lending | 2893 |
institution for any loan approved pursuant to section 3313.483 of | 2894 |
the Revised Code. | 2895 |
(K) Any person who removes data from the information system | 2896 |
established under this section for the purpose of releasing it to | 2897 |
any person not entitled under law to have access to such | 2898 |
information is subject to section 2913.42 of the Revised Code | 2899 |
prohibiting tampering with data. | 2900 |
(L)(1) In accordance with division (L)(2) of this section and | 2901 |
the rules adopted under division (L)(10) of this section, the | 2902 |
department of education may sanction any school district that | 2903 |
reports incomplete or inaccurate data, reports data that does not | 2904 |
conform to data requirements and descriptions published by the | 2905 |
department, fails to report data in a timely manner, or otherwise | 2906 |
does not make a good faith effort to report data as required by | 2907 |
this section. | 2908 |
(2) If the department decides to sanction a school district | 2909 |
under this division, the department shall take the following | 2910 |
sequential actions: | 2911 |
(a) Notify the district in writing that the department has | 2912 |
determined that data has not been reported as required under this | 2913 |
section and require the district to review its data submission and | 2914 |
submit corrected data by a deadline established by the department. | 2915 |
The department also may require the district to develop a | 2916 |
corrective action plan, which shall include provisions for the | 2917 |
district to provide mandatory staff training on data reporting | 2918 |
procedures. | 2919 |
(b) Withhold up to ten per cent of the total amount of state | 2920 |
funds due to the district for the current fiscal year and, if not | 2921 |
previously required under division (L)(2)(a) of this section, | 2922 |
require the district to develop a corrective action plan in | 2923 |
accordance with that division; | 2924 |
(c) Withhold an additional amount of up to twenty per cent of | 2925 |
the total amount of state funds due to the district for the | 2926 |
current fiscal year; | 2927 |
(d) Direct department staff or an outside entity to | 2928 |
investigate the district's data reporting practices and make | 2929 |
recommendations for subsequent actions. The recommendations may | 2930 |
include one or more of the following actions: | 2931 |
(i) Arrange for an audit of the district's data reporting | 2932 |
practices by department staff or an outside entity; | 2933 |
(ii) Conduct a site visit and evaluation of the district; | 2934 |
(iii) Withhold an additional amount of up to thirty per cent | 2935 |
of the total amount of state funds due to the district for the | 2936 |
current fiscal year; | 2937 |
(iv) Continue monitoring the district's data reporting; | 2938 |
(v) Assign department staff to supervise the district's data | 2939 |
management system; | 2940 |
(vi) Conduct an investigation to determine whether to suspend | 2941 |
or revoke the license of any district employee in accordance with | 2942 |
division (N) of this section; | 2943 |
(vii) If the district is issued a report card under section | 2944 |
3302.03 of the Revised Code, indicate on the report card that the | 2945 |
district has been sanctioned for failing to report data as | 2946 |
required by this section; | 2947 |
(viii) If the district is issued a report card under section | 2948 |
3302.03 of the Revised Code and incomplete or inaccurate data | 2949 |
submitted by the district likely caused the district to receive a | 2950 |
higher performance rating than it deserved under that section, | 2951 |
issue a revised report card for the district; | 2952 |
(ix) Any other action designed to correct the district's data | 2953 |
reporting problems. | 2954 |
(3) Any time the department takes an action against a school | 2955 |
district under division (L)(2) of this section, the department | 2956 |
shall make a report of the circumstances that prompted the action. | 2957 |
The department shall send a copy of the report to the district | 2958 |
superintendent or chief administrator and maintain a copy of the | 2959 |
report in its files. | 2960 |
(4) If any action taken under division (L)(2) of this section | 2961 |
resolves a school district's data reporting problems to the | 2962 |
department's satisfaction, the department shall not take any | 2963 |
further actions described by that division. If the department | 2964 |
withheld funds from the district under that division, the | 2965 |
department may release those funds to the district, except that if | 2966 |
the department withheld funding under division (L)(2)(c) of this | 2967 |
section, the department shall not release the funds withheld under | 2968 |
division (L)(2)(b) of this section and, if the department withheld | 2969 |
funding under division (L)(2)(d) of this section, the department | 2970 |
shall not release the funds withheld under division (L)(2)(b) or | 2971 |
(c) of this section. | 2972 |
(5) Notwithstanding anything in this section to the contrary, | 2973 |
the department may use its own staff or an outside entity to | 2974 |
conduct an audit of a school district's data reporting practices | 2975 |
any time the department has reason to believe the district has not | 2976 |
made a good faith effort to report data as required by this | 2977 |
section. If any audit conducted by an outside entity under | 2978 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 2979 |
district has not made a good faith effort to report data as | 2980 |
required by this section, the district shall reimburse the | 2981 |
department for the full cost of the audit. The department may | 2982 |
withhold state funds due to the district for this purpose. | 2983 |
(6) Prior to issuing a revised report card for a school | 2984 |
district under division (L)(2)(d)(viii) of this section, the | 2985 |
department may hold a hearing to provide the district with an | 2986 |
opportunity to demonstrate that it made a good faith effort to | 2987 |
report data as required by this section. The hearing shall be | 2988 |
conducted by a referee appointed by the department. Based on the | 2989 |
information provided in the hearing, the referee shall recommend | 2990 |
whether the department should issue a revised report card for the | 2991 |
district. If the referee affirms the department's contention that | 2992 |
the district did not make a good faith effort to report data as | 2993 |
required by this section, the district shall bear the full cost of | 2994 |
conducting the hearing and of issuing any revised report card. | 2995 |
(7) If the department determines that any inaccurate data | 2996 |
reported under this section caused a school district to receive | 2997 |
excess state funds in any fiscal year, the district shall | 2998 |
reimburse the department an amount equal to the excess funds, in | 2999 |
accordance with a payment schedule determined by the department. | 3000 |
The department may withhold state funds due to the district for | 3001 |
this purpose. | 3002 |
(8) Any school district that has funds withheld under | 3003 |
division (L)(2) of this section may appeal the withholding in | 3004 |
accordance with Chapter 119. of the Revised Code. | 3005 |
(9) In all cases of a disagreement between the department and | 3006 |
a school district regarding the appropriateness of an action taken | 3007 |
under division (L)(2) of this section, the burden of proof shall | 3008 |
be on the district to demonstrate that it made a good faith effort | 3009 |
to report data as required by this section. | 3010 |
(10) The state board of education shall adopt rules under | 3011 |
Chapter 119. of the Revised Code to implement division (L) of this | 3012 |
section. | 3013 |
(M) No information technology center or school district shall | 3014 |
acquire, change, or update its student administration software | 3015 |
package to manage and report data required to be reported to the | 3016 |
department unless it converts to a student software package that | 3017 |
is certified by the department. | 3018 |
(N) The state board of education, in accordance with sections | 3019 |
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 3020 |
license as defined under division (A) of section 3319.31 of the | 3021 |
Revised Code that has been issued to any school district employee | 3022 |
found to have willfully reported erroneous, inaccurate, or | 3023 |
incomplete data to the education management information system. | 3024 |
(O) No person shall release or maintain any information about | 3025 |
any student in violation of this section. Whoever violates this | 3026 |
division is guilty of a misdemeanor of the fourth degree. | 3027 |
(P) The department shall disaggregate the data collected | 3028 |
under division (B)(1)(n) of this section according to the race and | 3029 |
socioeconomic status of the students assessed. No data collected | 3030 |
under that division shall be included on the report cards required | 3031 |
by section 3302.03 of the Revised Code. | 3032 |
(Q) If the department cannot compile any of the information | 3033 |
required by division (C)(5) of section 3302.03 of the Revised Code | 3034 |
based upon the data collected under this section, the department | 3035 |
shall develop a plan and a reasonable timeline for the collection | 3036 |
of any data necessary to comply with that division. | 3037 |
Sec. 3769.08. (A) Any person holding a permit to conduct a | 3038 |
horse-racing meeting may provide a place in the race meeting | 3039 |
grounds or enclosure at which the permit holder may conduct and | 3040 |
supervise the pari-mutuel system of wagering by patrons of legal | 3041 |
age on the live racing programs and simulcast racing programs | 3042 |
conducted by the permit holder. | 3043 |
The pari-mutuel method of wagering upon the live racing | 3044 |
programs and simulcast racing programs held at or conducted within | 3045 |
such race track, and at the time of such horse-racing meeting, or | 3046 |
at other times authorized by the state racing commission, shall | 3047 |
not be unlawful. No other place, except that provided and | 3048 |
designated by the permit holder and except as provided in section | 3049 |
3769.26 of the Revised Code, nor any other method or system of | 3050 |
betting or wagering, except the pari-mutuel system, shall be used | 3051 |
or permitted by the permit holder; nor, except as provided in | 3052 |
section 3769.089 or 3769.26 of the Revised Code, shall the | 3053 |
pari-mutuel system of wagering be conducted by the permit holder | 3054 |
on any races except the races at the race track, grounds, or | 3055 |
enclosure for which the person holds a permit. Each permit holder | 3056 |
may retain as a commission an amount not to exceed eighteen per | 3057 |
cent of the total of all moneys wagered. | 3058 |
The pari-mutuel wagering authorized by this section is | 3059 |
subject to sections 3769.25 to 3769.28 of the Revised Code. | 3060 |
(B)(1) At the close of each racing day, each permit holder | 3061 |
authorized to conduct thoroughbred racing, out of the amount | 3062 |
retained on that day by the permit holder, shall pay by check, | 3063 |
draft, or money order to the tax commissioner, as a tax, a sum | 3064 |
equal to the following percentages of the total of all moneys | 3065 |
wagered on live racing programs on that day and shall separately | 3066 |
compute and pay by check, draft, or money order to the tax | 3067 |
commissioner, as a tax, a sum equal to the following percentages | 3068 |
of the total of all money wagered on simulcast racing programs on | 3069 |
that day: | 3070 |
| 3071 |
wagered, or any part of that amount; | 3072 |
| 3073 |
wagered, or any part of that amount; | 3074 |
| 3075 |
dollars wagered, or any part of that amount; | 3076 |
| 3077 |
dollars wagered. | 3078 |
(2) On and after January 1, 2013, in addition to the state | 3079 |
tax levied under division (B)(1) of this section, on the first day | 3080 |
of each month, each permit holder authorized to conduct | 3081 |
thoroughbred racing, out of the amount retained during the prior | 3082 |
month by the permit holder, shall compute and pay by check, draft, | 3083 |
or money order to the legislative authority of the municipal | 3084 |
corporation or the board of township trustees of the township in | 3085 |
which the permit holder conducted thoroughbred racing, as a tax, a | 3086 |
sum equal to one and one-half per cent of all moneys wagered on | 3087 |
live racing programs during the prior month, and shall separately | 3088 |
compute and pay by check, draft, or money order to that | 3089 |
legislative authority or board of township trustees, as a tax, a | 3090 |
sum equal to one and one-half per cent of all money wagered on | 3091 |
simulcast racing programs during that prior month. | 3092 |
(3) Except as otherwise provided in section 3769.089 of the | 3093 |
Revised Code, each permit holder authorized to conduct | 3094 |
thoroughbred racing shall use for purse money a sum equal to fifty | 3095 |
per cent of the pari-mutuel revenues retained by the permit holder | 3096 |
as a commission after payment of | 3097 |
under divisions (B)(1) and (2) of this section. This fifty per | 3098 |
cent payment shall be in addition to the purse distribution from | 3099 |
breakage specified in this section. | 3100 |
(4) Subject to division (M) of this section, from the moneys | 3101 |
paid to the tax commissioner by thoroughbred racing permit | 3102 |
holders, one-half of one per cent of the total of all moneys so | 3103 |
wagered on a racing day shall be paid into the Ohio fairs fund | 3104 |
created by section 3769.082 of the Revised Code, one and | 3105 |
one-eighth per cent of the total of all moneys so wagered on a | 3106 |
racing day shall be paid into the Ohio thoroughbred race fund | 3107 |
created by section 3769.083 of the Revised Code, and one-quarter | 3108 |
of one per cent of the total of all moneys wagered on a racing day | 3109 |
by each permit holder shall be paid into the state racing | 3110 |
commission operating fund created by section 3769.03 of the | 3111 |
Revised Code. The required payment to the state racing commission | 3112 |
operating fund does not apply to county and independent fairs and | 3113 |
agricultural societies. The remaining moneys may be retained by | 3114 |
the permit holder, except as provided in this section with respect | 3115 |
to the odd cents redistribution. Amounts paid into the nursing | 3116 |
home franchise permit fee fund pursuant to this section and | 3117 |
section 3769.26 of the Revised Code shall be used solely for the | 3118 |
support of the PASSPORT program as determined in appropriations | 3119 |
made by the general assembly. If the PASSPORT program is | 3120 |
abolished, the amount that would have been paid to the nursing | 3121 |
home franchise permit fee fund under this chapter shall be paid to | 3122 |
the general revenue fund of the state. As used in this chapter, | 3123 |
"PASSPORT program" means the PASSPORT program created under | 3124 |
section 173.40 of the Revised Code. | 3125 |
The total amount paid to the Ohio thoroughbred race fund | 3126 |
under this section and division (A) of section 3769.087 of the | 3127 |
Revised Code shall not exceed by more than six per cent the total | 3128 |
amount paid to this fund under this section and that section | 3129 |
during the immediately preceding calendar year. | 3130 |
Each year, the total amount calculated for payment into the | 3131 |
Ohio fairs fund under this division, division (C) of this section, | 3132 |
and division (A) of section 3769.087 of the Revised Code shall be | 3133 |
an amount calculated using the percentages specified in this | 3134 |
division, division (C) of this section, and division (A) of | 3135 |
section 3769.087 of the Revised Code. | 3136 |
(5) A permit holder may contract with a thoroughbred | 3137 |
horsemen's organization for the organization to act as a | 3138 |
representative of all thoroughbred owners and trainers | 3139 |
participating in a horse-racing meeting conducted by the permit | 3140 |
holder. A "thoroughbred horsemen's organization" is any | 3141 |
corporation or association that represents, through membership or | 3142 |
otherwise, more than one-half of the aggregate of all thoroughbred | 3143 |
owners and trainers who were licensed and actively participated in | 3144 |
racing within this state during the preceding calendar year. | 3145 |
Except as otherwise provided in this paragraph, any moneys | 3146 |
received by a thoroughbred horsemen's organization shall be used | 3147 |
exclusively for the benefit of thoroughbred owners and trainers | 3148 |
racing in this state through the administrative purposes of the | 3149 |
organization, benevolent activities on behalf of the horsemen, | 3150 |
promotion of the horsemen's rights and interests, and promotion of | 3151 |
equine research. A thoroughbred horsemen's organization may expend | 3152 |
not more than an aggregate of five per cent of its annual gross | 3153 |
receipts, or a larger amount as approved by the organization, for | 3154 |
dues, assessments, and other payments to all other local, | 3155 |
national, or international organizations having as their primary | 3156 |
purposes the promotion of thoroughbred horse racing, thoroughbred | 3157 |
horsemen's rights, and equine research. | 3158 |
(C)(1) Except as otherwise provided in division (B) of this | 3159 |
section, at the close of each racing day, each permit holder | 3160 |
authorized to conduct harness or quarter horse racing, out of the | 3161 |
amount retained that day by the permit holder, shall pay by check, | 3162 |
draft, or money order to the tax commissioner, as a tax, a sum | 3163 |
equal to the following percentages of the total of all moneys | 3164 |
wagered on live racing programs and shall separately compute and | 3165 |
pay by check, draft, or money order to the tax commissioner, as a | 3166 |
tax, a sum equal to the following percentages of the total of all | 3167 |
money wagered on simulcast racing programs on that day: | 3168 |
| 3169 |
wagered, or any part of that amount; | 3170 |
| 3171 |
wagered, or any part of that amount; | 3172 |
| 3173 |
dollars wagered, or any part of that amount; | 3174 |
| 3175 |
dollars wagered. | 3176 |
(2) On and after January 1, 2013, in addition to the state | 3177 |
tax levied under division (C)(1) of this section, on the first day | 3178 |
of each month, each permit holder authorized to conduct harness or | 3179 |
quarter horse racing, out of the amount retained during the prior | 3180 |
month by the permit holder, shall compute and pay by check, draft, | 3181 |
or money order to the legislative authority of the municipal | 3182 |
corporation or the board of township trustees of the township in | 3183 |
which the permit holder conducted harness or quarter horse racing, | 3184 |
as a tax, a sum equal to one and one-half per cent of all moneys | 3185 |
wagered on live racing programs during the prior month, and shall | 3186 |
separately compute and pay by check, draft, or money order to that | 3187 |
legislative authority or board of township trustees, as a tax, a | 3188 |
sum equal to one and one-half per cent of all money wagered on | 3189 |
simulcast racing programs during that prior month. | 3190 |
(3) Except as otherwise provided in division (B) and subject | 3191 |
to division (M) of this section, from the moneys paid to the tax | 3192 |
commissioner by permit holders authorized to conduct harness or | 3193 |
quarter horse racing, one-half of one per cent of all moneys | 3194 |
wagered on that racing day shall be paid into the Ohio fairs fund; | 3195 |
from the moneys paid to the tax commissioner by permit holders | 3196 |
authorized to conduct harness racing, five-eighths of one per cent | 3197 |
of all moneys wagered on that racing day shall be paid into the | 3198 |
Ohio standardbred development fund; and from the moneys paid to | 3199 |
the tax commissioner by permit holders authorized to conduct | 3200 |
quarter horse racing, five-eighths of one per cent of all moneys | 3201 |
wagered on that racing day shall be paid into the Ohio quarter | 3202 |
horse development fund. | 3203 |
(D) In addition, subject to division (M) of this section, | 3204 |
beginning on January 1, 1996, from the money paid to the tax | 3205 |
commissioner as a tax under this section and division (A) of | 3206 |
section 3769.087 of the Revised Code by harness horse permit | 3207 |
holders, one-half of one per cent of the amount wagered on a | 3208 |
racing day shall be paid into the Ohio standardbred development | 3209 |
fund. Beginning January 1, 1998, the payment to the Ohio | 3210 |
standardbred development fund required under this division does | 3211 |
not apply to county agricultural societies or independent | 3212 |
agricultural societies. | 3213 |
The total amount paid to the Ohio standardbred development | 3214 |
fund under this division, division (C) of this section, and | 3215 |
division (A) of section 3769.087 of the Revised Code and the total | 3216 |
amount paid to the Ohio quarter horse development fund under this | 3217 |
division and division (A) of that section shall not exceed by more | 3218 |
than six per cent the total amount paid into the fund under this | 3219 |
division, division (C) of this section, and division (A) of | 3220 |
section 3769.087 of the Revised Code in the immediately preceding | 3221 |
calendar year. | 3222 |
(E) Subject to division (M) of this section, from the money | 3223 |
paid as a tax under this chapter by harness and quarter horse | 3224 |
permit holders, one-quarter of one per cent of the total of all | 3225 |
moneys wagered on a racing day by each permit holder shall be paid | 3226 |
into the state racing commission operating fund created by section | 3227 |
3769.03 of the Revised Code. This division does not apply to | 3228 |
county and independent fairs and agricultural societies. | 3229 |
(F) Except as otherwise provided in section 3769.089 of the | 3230 |
Revised Code, each permit holder authorized to conduct harness | 3231 |
racing shall pay to the harness horsemen's purse pool a sum equal | 3232 |
to fifty per cent of the pari-mutuel revenues retained by the | 3233 |
permit holder as a commission after payment of the state | 3234 |
local taxes under divisions (C)(1) and (2) of this section. This | 3235 |
fifty per cent payment is to be in addition to the purse | 3236 |
distribution from breakage specified in this section. | 3237 |
(G) In addition, each permit holder authorized to conduct | 3238 |
harness racing shall be allowed to retain the odd cents of all | 3239 |
redistribution to be made on all mutual contributions exceeding a | 3240 |
sum equal to the next lowest multiple of ten. | 3241 |
Forty per cent of that portion of that total sum of such odd | 3242 |
cents shall be used by the permit holder for purse money for Ohio | 3243 |
sired, bred, and owned colts, for purse money for Ohio bred | 3244 |
horses, and for increased purse money for horse races. Upon the | 3245 |
formation of the corporation described in section 3769.21 of the | 3246 |
Revised Code to establish a harness horsemen's health and | 3247 |
retirement fund, twenty-five per cent of that portion of that | 3248 |
total sum of odd cents shall be paid at the close of each racing | 3249 |
day by the permit holder to that corporation to establish and fund | 3250 |
the health and retirement fund. Until that corporation is formed, | 3251 |
that twenty-five per cent shall be paid at the close of each | 3252 |
racing day by the permit holder to the tax commissioner or the tax | 3253 |
commissioner's agent in the county seat of the county in which the | 3254 |
permit holder operates race meetings. The remaining thirty-five | 3255 |
per cent of that portion of that total sum of odd cents shall be | 3256 |
retained by the permit holder. | 3257 |
(H) In addition, each permit holder authorized to conduct | 3258 |
thoroughbred racing shall be allowed to retain the odd cents of | 3259 |
all redistribution to be made on all mutuel contributions | 3260 |
exceeding a sum equal to the next lowest multiple of ten. Twenty | 3261 |
per cent of that portion of that total sum of such odd cents shall | 3262 |
be used by the permit holder for increased purse money for horse | 3263 |
races. Upon the formation of the corporation described in section | 3264 |
3769.21 of the Revised Code to establish a thoroughbred horsemen's | 3265 |
health and retirement fund, forty-five per cent of that portion of | 3266 |
that total sum of odd cents shall be paid at the close of each | 3267 |
racing day by the permit holder to that corporation to establish | 3268 |
and fund the health and retirement fund. Until that corporation is | 3269 |
formed, that forty-five per cent shall be paid by the permit | 3270 |
holder to the tax commissioner or the tax commissioner's agent in | 3271 |
the county seat of the county in which the permit holder operates | 3272 |
race meetings, at the close of each racing day. The remaining | 3273 |
thirty-five per cent of that portion of that total sum of odd | 3274 |
cents shall be retained by the permit holder. | 3275 |
(I) In addition, each permit holder authorized to conduct | 3276 |
quarter horse racing shall be allowed to retain the odd cents of | 3277 |
all redistribution to be made on all mutuel contributions | 3278 |
exceeding a sum equal to the next lowest multiple of ten, subject | 3279 |
to a tax of twenty-five per cent on that portion of the total sum | 3280 |
of such odd cents that is in excess of two thousand dollars during | 3281 |
a calendar year, which tax shall be paid at the close of each | 3282 |
racing day by the permit holder to the tax commissioner or the tax | 3283 |
commissioner's agent in the county seat of the county within which | 3284 |
the permit holder operates race meetings. Forty per cent of that | 3285 |
portion of that total sum of such odd cents shall be used by the | 3286 |
permit holder for increased purse money for horse races. The | 3287 |
remaining thirty-five per cent of that portion of that total sum | 3288 |
of odd cents shall be retained by the permit holder. | 3289 |
(J)(1) To encourage the improvement of racing facilities for | 3290 |
the benefit of the public, breeders, and horse owners, and to | 3291 |
increase the revenue to the state from the increase in pari-mutuel | 3292 |
wagering resulting from those improvements, the taxes paid by a | 3293 |
permit holder to the state as provided for in this chapter shall | 3294 |
be reduced by three-fourths of one per cent of the total amount | 3295 |
wagered for those permit holders who make capital improvements to | 3296 |
existing race tracks or construct new race tracks. The percentage | 3297 |
of the reduction that may be taken each racing day shall equal | 3298 |
seventy-five per cent of the taxes levied under divisions (B)(1) | 3299 |
and (C)(1) of this section and section 3769.087 of the Revised | 3300 |
Code, and division (F)(2) of section 3769.26 of the Revised Code, | 3301 |
as applicable, divided by the calculated amount each fund should | 3302 |
receive under divisions (B) and (C) of this section and section | 3303 |
3769.087 of the Revised Code, and division (F)(2) of section | 3304 |
3769.26 of the Revised Code and the reduction provided for in this | 3305 |
division. If the resulting percentage is less than one, that | 3306 |
percentage shall be multiplied by the amount of the reduction | 3307 |
provided for in this division. Otherwise, the permit holder shall | 3308 |
receive the full reduction provided for in this division. The | 3309 |
amount of the allowable reduction not received shall be carried | 3310 |
forward and applied against future tax liability. After any | 3311 |
reductions expire, any reduction carried forward shall be treated | 3312 |
as a reduction as provided for in this division. | 3313 |
If more than one permit holder is authorized to conduct | 3314 |
racing at the facility that is being built or improved, the cost | 3315 |
of the new race track or capital improvement shall be allocated | 3316 |
between or among all the permit holders in the ratio that the | 3317 |
permit holders' number of racing days bears to the total number of | 3318 |
racing days conducted at the facility. | 3319 |
A reduction for a new race track or a capital improvement | 3320 |
shall start from the day racing is first conducted following the | 3321 |
date actual construction of the new race track or each capital | 3322 |
improvement is completed and the construction cost has been | 3323 |
approved by the racing commission, unless otherwise provided in | 3324 |
this section. A reduction for a new race track or a capital | 3325 |
improvement shall continue for a period of twenty-five years for | 3326 |
new race tracks and for fifteen years for capital improvements if | 3327 |
the construction of the capital improvement or new race track | 3328 |
commenced prior to March 29, 1988, and for a period of ten years | 3329 |
for new race tracks or capital improvements if the construction of | 3330 |
the capital improvement or new race track commenced on or after | 3331 |
March 29, 1988, but before June 6, 2001, or until the total tax | 3332 |
reduction reaches seventy per cent of the approved cost of the new | 3333 |
race track or capital improvement, as allocated to each permit | 3334 |
holder, whichever occurs first. A reduction for a new race track | 3335 |
or a capital improvement approved after June 6, 2001, shall | 3336 |
continue until the total tax reduction reaches one hundred per | 3337 |
cent of the approved cost of the new race track or capital | 3338 |
improvement, as allocated to each permit holder. | 3339 |
A reduction granted for a new race track or a capital | 3340 |
improvement, the application for which was approved by the racing | 3341 |
commission after March 29, 1988, but before June 6, 2001, shall | 3342 |
not commence nor shall the ten-year period begin to run until all | 3343 |
prior tax reductions with respect to the same race track have | 3344 |
ended. The total tax reduction because of capital improvements | 3345 |
shall not during any one year exceed for all permit holders using | 3346 |
any one track three-fourths of one per cent of the total amount | 3347 |
wagered, regardless of the number of capital improvements made. | 3348 |
Several capital improvements to a race track may be consolidated | 3349 |
in an application if the racing commission approved the | 3350 |
application prior to March 29, 1988. No permit holder may receive | 3351 |
a tax reduction for a capital improvement approved by the racing | 3352 |
commission on or after March 29, 1988, at a race track until all | 3353 |
tax reductions have ended for all prior capital improvements | 3354 |
approved by the racing commission under this section or section | 3355 |
3769.20 of the Revised Code at that race track. If there are two | 3356 |
or more permit holders operating meetings at the same track, they | 3357 |
may consolidate their applications. The racing commission shall | 3358 |
notify the tax commissioner when the reduction of tax begins and | 3359 |
when it ends. | 3360 |
Each fiscal year the racing commission shall submit a report | 3361 |
to the tax commissioner, the office of budget and management, and | 3362 |
the legislative service commission. The report shall identify each | 3363 |
capital improvement project undertaken under this division and in | 3364 |
progress at each race track, indicate the total cost of each | 3365 |
project, state the tax reduction that resulted from each project | 3366 |
during the immediately preceding fiscal year, estimate the tax | 3367 |
reduction that will result from each project during the current | 3368 |
fiscal year, state the total tax reduction that resulted from all | 3369 |
such projects at all race tracks during the immediately preceding | 3370 |
fiscal year, and estimate the total tax reduction that will result | 3371 |
from all such projects at all race tracks during the current | 3372 |
fiscal year. | 3373 |
(2) In order to qualify for the reduction in tax, a permit | 3374 |
holder shall apply to the racing commission in such form as the | 3375 |
commission may require and shall provide full details of the new | 3376 |
race track or capital improvement, including a schedule for its | 3377 |
construction and completion, and set forth the costs and expenses | 3378 |
incurred in connection with it. The racing commission shall not | 3379 |
approve an application unless the permit holder shows that a | 3380 |
contract for the new race track or capital improvement has been | 3381 |
let under an unrestricted competitive bidding procedure, unless | 3382 |
the contract is exempted by the controlling board because of its | 3383 |
unusual nature. In determining whether to approve an application, | 3384 |
the racing commission shall consider whether the new race track or | 3385 |
capital improvement will promote the safety, convenience, and | 3386 |
comfort of the racing public and horse owners and generally tend | 3387 |
towards the improvement of racing in this state. | 3388 |
(3) If a new race track or capital improvement is approved by | 3389 |
the racing commission and construction has started, the tax | 3390 |
reduction may be authorized by the commission upon presentation of | 3391 |
copies of paid bills in excess of one hundred thousand dollars or | 3392 |
ten per cent of the approved cost, whichever is greater. After the | 3393 |
initial authorization, the permit holder shall present copies of | 3394 |
paid bills. If the permit holder is in substantial compliance with | 3395 |
the schedule for construction and completion of the new race track | 3396 |
or capital improvement, the racing commission may authorize the | 3397 |
continuation of the tax reduction upon the presentation of the | 3398 |
additional paid bills. The total amount of the tax reduction | 3399 |
authorized shall not exceed the percentage of the approved cost of | 3400 |
the new race track or capital improvement specified in division | 3401 |
(J)(1) of this section. The racing commission may terminate any | 3402 |
tax reduction immediately if a permit holder fails to complete the | 3403 |
new race track or capital improvement, or to substantially comply | 3404 |
with the schedule for construction and completion of the new race | 3405 |
track or capital improvement. If a permit holder fails to complete | 3406 |
a new race track or capital improvement, the racing commission | 3407 |
shall order the permit holder to repay to the state the total | 3408 |
amount of tax reduced. The normal tax paid by the permit holder | 3409 |
shall be increased by three-fourths of one per cent of the total | 3410 |
amount wagered until the total amount of the additional tax | 3411 |
collected equals the total amount of tax reduced. | 3412 |
(4) As used in this section: | 3413 |
(a) "Capital improvement" means an addition, replacement, or | 3414 |
remodeling of a structural unit of a race track facility costing | 3415 |
at least one hundred thousand dollars, including, but not limited | 3416 |
to, the construction of barns used exclusively for the race track | 3417 |
facility, backstretch facilities for horsemen, paddock facilities, | 3418 |
new pari-mutuel and totalizator equipment and appurtenances to | 3419 |
that equipment purchased by the track, new access roads, new | 3420 |
parking areas, the complete reconstruction, reshaping, and | 3421 |
leveling of the racing surface and appurtenances, the installation | 3422 |
of permanent new heating or air conditioning, roof replacement or | 3423 |
restoration, installations of a permanent nature forming a part of | 3424 |
the track structure, and construction of buildings that are | 3425 |
located on a permit holder's premises. "Capital improvement" does | 3426 |
not include the cost of replacement of equipment that is not | 3427 |
permanently installed, ordinary repairs, painting, and maintenance | 3428 |
required to keep a race track facility in ordinary operating | 3429 |
condition. | 3430 |
(b) "New race track" includes the reconstruction of a race | 3431 |
track damaged by fire or other cause that has been declared by the | 3432 |
racing commission, as a result of the damage, to be an inadequate | 3433 |
facility for the safe operation of horse racing. | 3434 |
(c) "Approved cost" includes all debt service and interest | 3435 |
costs that are associated with a capital improvement or new race | 3436 |
track and that the racing commission approves for a tax reduction | 3437 |
under division (J) of this section. | 3438 |
(5) The racing commission shall not approve an application | 3439 |
for a tax reduction under this section if it has reasonable cause | 3440 |
to believe that the actions or negligence of the permit holder | 3441 |
substantially contributed to the damage suffered by the track due | 3442 |
to fire or other cause. The racing commission shall obtain any | 3443 |
data or information available from a fire marshal, law enforcement | 3444 |
official, or insurance company concerning any fire or other damage | 3445 |
suffered by a track, prior to approving an application for a tax | 3446 |
reduction. | 3447 |
(6) The approved cost to which a tax reduction applies shall | 3448 |
be determined by generally accepted accounting principles and | 3449 |
verified by an audit of the permit holder's records upon | 3450 |
completion of the project by the racing commission, or by an | 3451 |
independent certified public accountant selected by the permit | 3452 |
holder and approved by the commission. | 3453 |
(K) No other license or excise tax or fee, except as provided | 3454 |
in sections 3769.01 to 3769.14 of the Revised Code, shall be | 3455 |
assessed or collected from such licensee by any county, township, | 3456 |
district, municipal corporation, or other body having power to | 3457 |
assess or collect a tax or fee. That portion of the tax paid under | 3458 |
this section by permit holders for racing conducted at and during | 3459 |
the course of an agricultural exposition or fair, and that portion | 3460 |
of the tax that would have been paid by eligible permit holders | 3461 |
into the nursing home franchise permit fee fund as a result of | 3462 |
racing conducted at and during the course of an agricultural | 3463 |
exposition or fair, shall be deposited into the state treasury to | 3464 |
the credit of the horse racing tax fund, which is hereby created | 3465 |
for the use of the agricultural societies of the several counties | 3466 |
in which the taxes originate. The state racing commission shall | 3467 |
determine eligible permit holders for purposes of the preceding | 3468 |
sentence, taking into account the breed of horse, the racing | 3469 |
dates, the geographic proximity to the fair, and the best | 3470 |
interests of Ohio racing. On the first day of any month on which | 3471 |
there is money in the fund, the tax commissioner shall provide for | 3472 |
payment to the treasurer of each agricultural society the amount | 3473 |
of the taxes collected under this section upon racing conducted at | 3474 |
and during the course of any exposition or fair conducted by the | 3475 |
society. | 3476 |
(L) From the state tax paid under this section by harness | 3477 |
track permit holders, the tax commissioner shall pay into the Ohio | 3478 |
thoroughbred race fund a sum equal to a percentage of the amount | 3479 |
wagered upon which the tax is paid. The percentage shall be | 3480 |
determined by the tax commissioner and shall be rounded to the | 3481 |
nearest one-hundredth. The percentage shall be such that, when | 3482 |
multiplied by the amount wagered upon which state tax was paid by | 3483 |
the harness track permit holders in the most recent year for which | 3484 |
final figures are available, it results in a sum that | 3485 |
substantially equals the same amount of state tax paid by the tax | 3486 |
commissioner during that year into the Ohio fairs fund from taxes | 3487 |
paid by thoroughbred permit holders. This division does not apply | 3488 |
to county and independent fairs and agricultural societies. | 3489 |
(M) Twenty-five per cent of the state taxes levied on | 3490 |
thoroughbred racing permit holders, harness racing permit holders, | 3491 |
and quarter horse racing permit holders under this section, | 3492 |
division (A) of section 3769.087 of the Revised Code, and division | 3493 |
(F)(2) of section 3769.26 of the Revised Code shall be paid into | 3494 |
the nursing home franchise permit fee fund. The tax commissioner | 3495 |
shall pay any money remaining, after the payment into the nursing | 3496 |
home franchise permit fee fund and the reductions provided for in | 3497 |
division (J) of this section and in section 3769.20 of the Revised | 3498 |
Code, into the Ohio fairs fund, Ohio thoroughbred race fund, Ohio | 3499 |
standardbred development fund, Ohio quarter horse fund, and state | 3500 |
racing commission operating fund as prescribed in this section and | 3501 |
division (A) of section 3769.087 of the Revised Code. The tax | 3502 |
commissioner shall thereafter use and apply the balance of the | 3503 |
money paid as a state tax by any permit holder to cover any | 3504 |
shortage in the accounts of such funds resulting from an | 3505 |
insufficient payment as a state tax by any other permit holder. | 3506 |
The moneys received by the tax commissioner shall be deposited | 3507 |
weekly and paid by the tax commissioner into the funds to cover | 3508 |
the total aggregate amount due from all permit holders to the | 3509 |
funds, as calculated under this section and division (A) of | 3510 |
section 3769.087 of the Revised Code, as applicable. If, after the | 3511 |
payment into the nursing home franchise permit fee fund, | 3512 |
sufficient funds are not available from the state tax deposited by | 3513 |
the tax commissioner to pay the required amounts into the Ohio | 3514 |
fairs fund, Ohio standardbred development fund, Ohio thoroughbred | 3515 |
race fund, Ohio quarter horse fund, and the state racing | 3516 |
commission operating fund, the tax commissioner shall prorate on a | 3517 |
proportional basis the amount paid to each of the funds. Any | 3518 |
shortage to the funds as a result of a proration shall be applied | 3519 |
against future deposits for the same calendar year when funds are | 3520 |
available. After this application, the tax commissioner shall pay | 3521 |
any remaining money paid as a state tax by all permit holders into | 3522 |
the nursing home franchise permit fee fund. This division does not | 3523 |
apply to permit holders conducting racing at the course of an | 3524 |
agricultural exposition or fair as described in division (K) of | 3525 |
this section. | 3526 |
Sec. 3769.087. (A) In addition to the commission of eighteen | 3527 |
per cent retained by each permit holder as provided in section | 3528 |
3769.08 of the Revised Code, each permit holder shall retain an | 3529 |
additional amount equal to four per cent of the total of all | 3530 |
moneys wagered on each racing day on all wagering pools other than | 3531 |
win, place, and show, of which amount retained an amount equal to | 3532 |
three per cent of the total of all moneys wagered on each racing | 3533 |
day on those pools shall be paid by check, draft, or money order | 3534 |
to the tax commissioner, as a tax. Subject to the restrictions | 3535 |
contained in divisions (B), (C), and (M) of section 3769.08 of the | 3536 |
Revised Code, from such additional moneys paid to the tax | 3537 |
commissioner: | 3538 |
(1) Four-sixths shall be allocated to fund distribution as | 3539 |
provided in division (M) of section 3769.08 of the Revised Code. | 3540 |
(2) One-twelfth shall be paid into the Ohio fairs fund | 3541 |
created by section 3769.082 of the Revised Code. | 3542 |
(3) One-twelfth of the additional moneys paid to the tax | 3543 |
commissioner by thoroughbred racing permit holders shall be paid | 3544 |
into the Ohio thoroughbred race fund created by section 3769.083 | 3545 |
of the Revised Code. | 3546 |
(4) One-twelfth of the additional moneys paid to the tax | 3547 |
commissioner by harness horse racing permit holders shall be paid | 3548 |
to the Ohio standardbred development fund created by section | 3549 |
3769.085 of the Revised Code. | 3550 |
(5) One-twelfth of the additional moneys paid to the tax | 3551 |
commissioner by quarter horse racing permit holders shall be paid | 3552 |
to the Ohio quarter horse development fund created by section | 3553 |
3769.086 of the Revised Code. | 3554 |
(6) One-sixth shall be paid into the state racing commission | 3555 |
operating fund created by section 3769.03 of the Revised Code. | 3556 |
The remaining one per cent that is retained of the total of | 3557 |
all moneys wagered on each racing day on all pools other than win, | 3558 |
place, and show, shall be retained by racing permit holders, and, | 3559 |
except as otherwise provided in section 3769.089 of the Revised | 3560 |
Code, racing permit holders shall use one-half for purse money and | 3561 |
retain one-half. | 3562 |
(B) In addition to the commission of eighteen per cent | 3563 |
retained by each permit holder as provided in section 3769.08 of | 3564 |
the Revised Code and the additional amount retained by each permit | 3565 |
holder as provided in division (A) of this section, each permit | 3566 |
holder shall retain an additional amount equal to one-half of one | 3567 |
per cent of the total of all moneys wagered on each racing day on | 3568 |
all wagering pools other than win, place, and show. The additional | 3569 |
amount retained under this division shall be paid by check, draft, | 3570 |
or money order to the tax commissioner, as a tax. The tax | 3571 |
commissioner shall pay the amount of the tax received under this | 3572 |
division to the state racing commission operating fund created by | 3573 |
section 3769.03 of the Revised Code. | 3574 |
(C) Each permit holder authorized by the state lottery | 3575 |
commission to conduct video lottery terminal gaming shall receive | 3576 |
a commission of video lottery terminal income as set forth in rule | 3577 |
3770:2-3-08 of the Administrative Code. A percentage of that | 3578 |
commission may be paid to the state racing commission for the | 3579 |
benefit of breeding and racing in this state. If so paid, the | 3580 |
percentage paid to the state racing commission shall be based on | 3581 |
rules promulgated by the state racing commission. | 3582 |
Sec. 3769.089. (A) As used in this chapter: | 3583 |
(1) "Racing day" means any day authorized under a permit | 3584 |
holder's permit on which, at a simulcast host, either a live | 3585 |
racing program is conducted as authorized under section 3769.07 of | 3586 |
the Revised Code or a simulcast racing program is conducted as | 3587 |
authorized under this section. | 3588 |
(2) "Live racing day" means a racing day on which a live | 3589 |
racing program is conducted by the permit holder along with | 3590 |
simulcasts of all other available racing programs from within this | 3591 |
state and simulcast racing programs from outside this state as | 3592 |
authorized under this section. | 3593 |
(3) "Live racing program" means a racing program consisting | 3594 |
of no fewer than seven live horse races at thoroughbred tracks and | 3595 |
nine live races at standardbred tracks and additional horse races | 3596 |
simulcast from other facilities located either inside or outside | 3597 |
this state, in which not more than two horse races on which | 3598 |
pari-mutuel wagering is conducted are simulcast from facilities | 3599 |
located outside this state. If only one racing meeting of a | 3600 |
particular breed of horse is being held, no fewer than nine live | 3601 |
horse races shall be held on a live racing day. If, during the | 3602 |
course of a racing meeting at a standardbred track, the racing | 3603 |
secretary of the permit holder determines that there is an | 3604 |
insufficient number of entries to have a full field of eight | 3605 |
horses for each of nine races on a live racing program, then the | 3606 |
racing secretary of the permit holder, after consultation with the | 3607 |
Ohio harness horsemens association, may reduce the number of live | 3608 |
races on that live racing program
| 3609 |
3610 | |
shall not reduce the live racing program to less than seven live | 3611 |
races. If during the course of a meeting at a thoroughbred track, | 3612 |
the racing secretary of a permit holder determines that there is | 3613 |
an insufficient number of entries to have a full field of eight | 3614 |
horses for each of nine races on a live racing program, then the | 3615 |
racing secretary of the permit holder, with the consent of the | 3616 |
thoroughbred horsemens association, may reduce the number of live | 3617 |
races on that live racing program | 3618 |
3619 | |
shall not reduce the live racing program to less than seven live | 3620 |
races. No more than seventeen races on which pari-mutuel wagering | 3621 |
is conducted, including both live races and races simulcast from | 3622 |
other facilities located either inside or outside this state, | 3623 |
shall be part of a live racing program. | 3624 |
(4) "Simulcast host" means a track or enclosure in this state | 3625 |
where, on a racing day, a permit holder is doing one or both of | 3626 |
the following: | 3627 |
(a) Conducting a live racing program and offering this | 3628 |
program for simulcasting to one or more simulcast guests and | 3629 |
satellite facilities in this state; | 3630 |
(b) Receiving a simulcast racing program for simulcasting to | 3631 |
one or more simulcast guests and satellite facilities in this | 3632 |
state. | 3633 |
(5) "Simulcast guest" means any track or enclosure that is | 3634 |
receiving from a simulcast host, on a day other than a racing day, | 3635 |
a live racing program or a simulcast racing program. | 3636 |
(6) "Simulcast racing program" means all simulcasts of horse | 3637 |
races to a simulcast host or simulcast guest on a racing day or on | 3638 |
any other day on which pari-mutuel wagering is conducted, but does | 3639 |
not include any simulcast horse races from inside or outside this | 3640 |
state that are included in a simulcast host's live racing program. | 3641 |
(7) "Satellite facility" has the same meaning as in section | 3642 |
3769.25 of the Revised Code. | 3643 |
(8) "Collection and settlement agent" has the same meaning as | 3644 |
in section 3769.0810 of the Revised Code. | 3645 |
(9) "Special racing event" means individual races in live | 3646 |
racing programs or simulcast racing programs, and simulcast racing | 3647 |
programs on special event days under division (C) of this section, | 3648 |
conducted at facilities located outside this state for which the | 3649 |
track, racing association, or state regulatory agency conducting | 3650 |
such races charges a simulcast host a fee for the privilege of | 3651 |
receiving a simulcast of such races into this state that is higher | 3652 |
than the customary and regular fee charged for simulcast races | 3653 |
because of the status or popularity of such races. | 3654 |
(B)(1) The state racing commission shall, upon request by any | 3655 |
permit holder, permit electronically televised simulcasts of horse | 3656 |
races at the permit holder's track or enclosure on racing days | 3657 |
authorized by the permit holder's permit. Except as provided in | 3658 |
division (B) of this section, the commission shall not permit the | 3659 |
simulcast of any simulcast racing program conducted at tracks or | 3660 |
facilities located outside this state unless the out-of-state | 3661 |
simulcast racing program is available to all permit holders, | 3662 |
whether serving as simulcast hosts or simulcast guests, and all | 3663 |
satellite facilities, in this state open and operating on that | 3664 |
day. A permit holder or satellite facility may inform the | 3665 |
commission that it waives the right to receive the simulcast of a | 3666 |
simulcast racing program or a race in a simulcast racing program | 3667 |
on that day and in this event the simulcast racing program or | 3668 |
simulcast race shall be available to all other simulcast hosts, | 3669 |
simulcast guests, and satellite facilities open and operating in | 3670 |
this state on that day. | 3671 |
| 3672 |
3673 | |
3674 | |
3675 | |
3676 | |
3677 | |
3678 | |
3679 | |
3680 | |
3681 | |
3682 | |
3683 | |
3684 | |
3685 | |
3686 | |
3687 | |
3688 | |
3689 |
| 3690 |
3691 | |
3692 | |
3693 | |
3694 | |
3695 | |
3696 | |
3697 | |
3698 | |
3699 | |
3700 | |
3701 | |
3702 | |
3703 | |
3704 | |
3705 | |
3706 | |
3707 | |
3708 | |
3709 | |
3710 | |
3711 | |
3712 |
(2) Notwithstanding section 3769.07 of the Revised Code: | 3713 |
(a) In calendar year 2013, the permit holder at each | 3714 |
standardbred track shall conduct a minimum of seventy-five live | 3715 |
racing days. In calendar year 2013, the permit holder at each | 3716 |
thoroughbred track shall conduct a minimum of seventy-five live | 3717 |
racing days or the number of live racing days that were conducted | 3718 |
at that track in calendar year 2012, whichever is greater. The | 3719 |
live racing days shall be selected by the permit holder, but are | 3720 |
subject to the approval of the commission. | 3721 |
(b) In calendar year 2014, the permit holder at each | 3722 |
standardbred track shall conduct a minimum of one hundred live | 3723 |
racing days. In calendar year 2014, the permit holder at each | 3724 |
thoroughbred track shall conduct a minimum of one hundred live | 3725 |
racing days or the number of live racing days that were conducted | 3726 |
at that track in calendar year 2012, whichever is greater. The | 3727 |
live racing days shall be selected by the permit holder, but are | 3728 |
subject to the approval of the commission. | 3729 |
(c) A permit holder shall conduct a minimum of one hundred | 3730 |
twenty-five live racing days and a maximum of two hundred ten live | 3731 |
racing days in calendar year 2015 and in each subsequent calendar | 3732 |
year. The live racing days shall be selected by the permit holder, | 3733 |
but are subject to the approval of the commission. | 3734 |
(3) For the purposes of division (B)(2) of this section, for | 3735 |
live racing conducted at a track with more than one permit, the | 3736 |
minimum and maximum live racing days shall apply to those permits | 3737 |
collectively and not as a single permit. | 3738 |
(4) In addition to the required live racing days, a permit | 3739 |
holder shall simulcast a simulcast racing program on a minimum of | 3740 |
three hundred sixty days each calendar year. The permit holder | 3741 |
shall simulcast all simulcast racing programs conducted in this | 3742 |
state and made available to the permit holder and simulcast racing | 3743 |
programs conducted outside this state. | 3744 |
(5) The commission may make exception to the required minimum | 3745 |
number of live racing days or simulcast racing program days in | 3746 |
instances of natural disaster or other unexpected circumstances as | 3747 |
defined by the commission, in its sole discretion. For any | 3748 |
calendar year, the horsemen's association at each track may | 3749 |
negotiate an agreement with the permit holder for that track to | 3750 |
reduce the number of live racing days at that track to less than | 3751 |
the minimum live racing days required by division (B)(2)(a), (b), | 3752 |
or (c) of this section, as applicable, or to increase the number | 3753 |
of live racing days at that track to a number that is greater than | 3754 |
the maximum live racing days permitted by division (B)(2)(c) of | 3755 |
this section, subject to the approval of the commission. These | 3756 |
negotiations shall not reduce the number of live racing days to | 3757 |
less than fifty days per calendar year. | 3758 |
(6) To satisfy the requirement of live racing days, a permit | 3759 |
holder may include the number of days on which live racing | 3760 |
programs were conducted under a permit issued under section | 3761 |
3769.07 of the Revised Code for racing days authorized at a | 3762 |
winterized facility. | 3763 |
(7) Notwithstanding any other provision related to simulcast | 3764 |
racing programs, in order for a permit holder to offer simulcast | 3765 |
racing programs of races conducted at tracks located outside this | 3766 |
state at the same time and during the hours in which the live | 3767 |
races of a live racing program are being conducted at its track, a | 3768 |
permit holder conducting a thoroughbred live racing program shall | 3769 |
obtain the consent of the thoroughbred horsemen's association and | 3770 |
a permit holder conducting a harness live racing program shall | 3771 |
obtain the consent of the Ohio harness horsemen's association. The | 3772 |
consent of the applicable horsemen's association shall be | 3773 |
consistent with the interest of preserving live racing in this | 3774 |
state. A permit holder, as a simulcast host, may offer simulcast | 3775 |
racing programs at its track or enclosure of races conducted at | 3776 |
tracks and facilities located outside this state before the | 3777 |
commencement of, and following the conclusion of, its live races | 3778 |
without obtaining the consent of a horsemen's association under | 3779 |
this division. | 3780 |
(C) The commission shall allocate to each track one racing | 3781 |
day for each permit holder during each calendar year for the | 3782 |
conduct of a live racing program on which a permit holder may | 3783 |
conduct as few as one live horse race, with the remainder of the | 3784 |
horse races on that racing day on which pari-mutuel wagering is | 3785 |
conducted as part of the live racing program being simulcast from | 3786 |
other tracks and facilities located either inside or outside this | 3787 |
state. In addition, the commission may allocate to each permit | 3788 |
holder racing days on which it may as part of a live racing | 3789 |
program simulcast more than two horse races from facilities | 3790 |
located outside this state if the horse races involve a national | 3791 |
wagering pool and pari-mutuel wagering is conducted on the | 3792 |
national wagering pool, but on such a racing day there shall in no | 3793 |
event be more than two horse races simulcast from facilities | 3794 |
located outside this state included in a live racing program on | 3795 |
which separate pari-mutuel wagering is conducted. As used in this | 3796 |
division, "national wagering pool" means an interstate or | 3797 |
intrastate common pari-mutuel wagering pool involving two or more | 3798 |
selections covering two or more horse races conducted at tracks | 3799 |
located inside or outside this state. | 3800 |
In emergency situations, the commission may authorize a live | 3801 |
racing day at a track in which all horse races on that racing day | 3802 |
on which pari-mutuel wagering is conducted are simulcast from | 3803 |
tracks and facilities located either inside or outside this state | 3804 |
with the consent of the thoroughbred horsemens association for a | 3805 |
track conducting a thoroughbred live racing program and with the | 3806 |
consent of the Ohio harness horsemens association for a track | 3807 |
conducting a harness live racing program. | 3808 |
3809 | |
3810 | |
3811 | |
3812 | |
3813 | |
3814 | |
3815 |
(D) On any day that a racing day has been applied for at any | 3816 |
track in this state, each track in this state may operate as | 3817 |
either a simulcast host or a simulcast guest and may conduct, with | 3818 |
the approval of the state racing commission, pari-mutuel wagering | 3819 |
on all simulcasts of races conducted inside this state made | 3820 |
available to it plus all simulcasts of races conducted at | 3821 |
facilities located outside this state as determined by the | 3822 |
simulcast hosts. Except as otherwise provided in this section, any | 3823 |
simulcast host or simulcast guest may receive and conduct | 3824 |
simulcast racing programs that feature any breed of horse at any | 3825 |
time of day, as authorized by the commission. Those persons | 3826 |
holding state fair, county fair, or other fair permits shall not | 3827 |
receive a simulcast racing program on which pari-mutuel wagering | 3828 |
is conducted, except that a holder of a permit issued under | 3829 |
section 3769.07 of the Revised Code that has been authorized by | 3830 |
the commission to conduct races of the state fair, a county fair, | 3831 |
or other fair at a commercial track may receive and conduct | 3832 |
simulcast racing programs as a simulcast host or simulcast guest | 3833 |
at the same time in conjunction with the live racing program of | 3834 |
the state fair, county fair, or other fair permit holder conducted | 3835 |
at its track. | 3836 |
The simulcast hosts, with the approval of the state racing | 3837 |
commission, shall determine which simulcast racing programs | 3838 |
offered by race tracks located outside this state will be | 3839 |
simulcast at their tracks and at all simulcast hosts, simulcast | 3840 |
guests, and satellite facilities in this state that are open and | 3841 |
operating during the hours that the simulcast hosts are operating. | 3842 |
Simulcast guests and satellite facilities shall receive all | 3843 |
approved simulcast racing programs offered by simulcast hosts. In | 3844 |
addition, a simulcast host and simulcast guest, with the approval | 3845 |
of the commission, may also receive simulcast horse races and | 3846 |
simulcast racing programs not agreed to by simulcast hosts. | 3847 |
A simulcast host that normally operates during the day only | 3848 |
may serve as a simulcast host for only day-simulcast racing | 3849 |
programs, which include all simulcast racing programs that | 3850 |
commence at a track located outside this state on or before four | 3851 |
p.m. A simulcast host that normally operates during the evening | 3852 |
only may serve as a simulcast host for only evening-simulcast | 3853 |
racing programs, which include all simulcast racing programs that | 3854 |
commence at a track located outside this state on or after three | 3855 |
p.m. A simulcast host that normally operates during the evening, | 3856 |
but that under its permit conducts live racing programs during the | 3857 |
day, may serve as a simulcast host for day-simulcast racing | 3858 |
programs. A permit holder that is offering at its track simulcast | 3859 |
racing programs that commence at a track located outside this | 3860 |
state on or before four p.m. and simulcast racing programs that | 3861 |
commence at a track located outside this state on or after three | 3862 |
p.m. may serve as a simulcast host for both the day-simulcast | 3863 |
racing program and the evening-simulcast racing program only if no | 3864 |
other permit holder is serving as a simulcast host for the other | 3865 |
simulcast racing programs. The times listed in this and the | 3866 |
immediately following paragraphs are standard time as described in | 3867 |
section 1.04 of the Revised Code and in the "Uniform Time Act of | 3868 |
1966," 80 Stat. 107, 15 U.S.C. 260 to 265. | 3869 |
If a simulcast host is conducting a racing program that | 3870 |
features thoroughbred or quarter horses on the same day that | 3871 |
another simulcast host is conducting a live racing program that | 3872 |
features harness horses at a track located in the same county as, | 3873 |
or within twenty miles of, the track of the first simulcast host, | 3874 |
the first simulcast host shall not conduct pari-mutuel wagering on | 3875 |
simulcast racing programs that commence after four p.m. on that | 3876 |
day and the second simulcast host shall not conduct wagering on | 3877 |
simulcast racing programs that commence before three p.m. on that | 3878 |
day. | 3879 |
A simulcast host that is conducting a live racing program and | 3880 |
is simulcasting that program to other simulcast hosts and | 3881 |
simulcast guests in this state shall receive from each simulcast | 3882 |
host and each simulcast guest receiving the simulcast an | 3883 |
intrastate simulcast fee of one and three-eighths per cent of the | 3884 |
amounts wagered on such simulcast racing program at its | 3885 |
facilities. The simulcast hosts and simulcast guests receiving | 3886 |
such simulcast racing program shall pay the intrastate simulcast | 3887 |
fee to the collection and settlement agent, and the fee shall be | 3888 |
disbursed by the agent, at the time and in the manner provided in | 3889 |
section 3769.0810 of the Revised Code. | 3890 |
(E)(1) The moneys wagered on simulcast racing programs on a | 3891 |
racing day shall be separated from the moneys wagered on the live | 3892 |
racing program on that racing day. From the moneys wagered on the | 3893 |
simulcast races, each permit holder may retain as a commission the | 3894 |
percentage of the amount wagered as specified in sections 3769.08 | 3895 |
and 3769.087 of the Revised Code, as applicable, and shall pay, by | 3896 |
check, draft, or money order to the state tax commissioner, as a | 3897 |
tax, the tax specified in sections 3769.08 and 3769.087 of the | 3898 |
Revised Code, as applicable. From the tax collected, the tax | 3899 |
commissioner shall make the distributions to the respective funds, | 3900 |
and in the proper amounts, as required by sections 3769.08 and | 3901 |
3769.087 of the Revised Code, as applicable. Except as provided in | 3902 |
divisions (E)(2) and (3) of this section, from the amount | 3903 |
remaining after the payment of state taxes on the moneys wagered | 3904 |
on live racing programs and on the moneys wagered on simulcast | 3905 |
racing programs, a permit holder shall retain an amount equal to | 3906 |
two and | 3907 |
on live racing programs and on intrastate and interstate simulcast | 3908 |
racing programs simulcast at its track and on the amount wagered | 3909 |
on the live racing programs and simulcast racing programs at a | 3910 |
satellite facility allocated to it under section 3769.26 of the | 3911 |
Revised Code, as a fee to pay for those costs associated with the | 3912 |
reception and transmission of simulcasts and the administrative | 3913 |
cost of the conduct of live racing programs and simulcast racing | 3914 |
programs. From the remaining balance, one-half shall be retained | 3915 |
by the permit holder for purses. On a day when a permit holder | 3916 |
conducts a live racing program, all purse money generated from | 3917 |
wagering on live racing programs and on simulcast racing programs | 3918 |
at its track shall be used for that permit holder's purse account. | 3919 |
On a day when a permit holder operates as a simulcast host with no | 3920 |
live racing program, or operates as a simulcast guest, all purse | 3921 |
money generated from wagering on intrastate and interstate | 3922 |
simulcast racing programs shall be paid to the state racing | 3923 |
commission for deposit into the Ohio combined simulcast horse | 3924 |
racing purse fund created under this section. In addition, on a | 3925 |
day when a permit holder serves as a simulcast host for a | 3926 |
satellite facility, all purse money generated from amounts wagered | 3927 |
at the satellite facility allocated to the permit holder under | 3928 |
section 3769.26 of the Revised Code shall be paid to the | 3929 |
commission for deposit into the Ohio simulcast horse racing purse | 3930 |
fund. | 3931 |
(2) If there are not four satellite facilities in operation | 3932 |
in this state within one year after | 3933 |
3934 | |
facilities in operation in this state within two years after
| 3935 |
3936 | |
not ten satellite facilities in operation in this state within | 3937 |
three years after | 3938 |
1996, then in any such event the amount to be retained as a fee by | 3939 |
the permit holder under division (E)(1) of this section shall be | 3940 |
one and seven-eighths per cent until such time as the number of | 3941 |
satellite facilities specified in division (E)(2) of this section | 3942 |
are in operation. For good cause shown, the thoroughbred horsemens | 3943 |
association and Ohio harness horsemens association may waive the | 3944 |
requirements of division (E)(2) of this section or extend the date | 3945 |
for compliance as to any year by filing a written notification | 3946 |
with the state racing commission. | 3947 |
(3) If a simulcast racing program simulcast by a simulcast | 3948 |
host at its track or enclosure and to other simulcast hosts, | 3949 |
simulcast guests, and satellite facilities in this state is a | 3950 |
special racing event, the permit holder offering the special | 3951 |
racing event and other simulcast hosts, simulcast guests, and | 3952 |
satellite facilities receiving the special racing event shall not | 3953 |
retain the fee provided under division (E)(1) or (2) of this | 3954 |
section but shall retain from the moneys wagered on the special | 3955 |
racing event an amount equal to the fee charged by the track, | 3956 |
racing association, or state regulatory agency simulcasting the | 3957 |
special racing event to the simulcast host. From the remaining | 3958 |
balance, one-half shall be retained by the permit holder for | 3959 |
purses in the manner provided in division (E)(1) of this section. | 3960 |
A permit holder proposing to simulcast a special racing event | 3961 |
as a simulcast host shall advise its horsemen's organization of | 3962 |
the proposed schedule of the special racing event and obtain its | 3963 |
consent to this schedule. The consent of the horsemen's | 3964 |
organization | 3965 |
consistent with the interest of preserving live racing in this | 3966 |
state. | 3967 |
3968 | |
3969 | |
3970 | |
3971 | |
3972 | |
3973 |
(F) There is hereby created in the state treasury the Ohio | 3974 |
combined simulcast horse racing purse fund, to consist of moneys | 3975 |
paid into it by permit holders pursuant to division (E) of this | 3976 |
section and by satellite facilities pursuant to division (F) of | 3977 |
section 3769.26 of the Revised Code. Moneys to the credit of the | 3978 |
fund, including interest earned thereon, may be used by the | 3979 |
commission for the costs of administering this division and the | 3980 |
balance shall be distributed among permit holders no less | 3981 |
frequently than monthly to each permit holder's purse account on | 3982 |
order of the commission. | 3983 |
For each calendar year, permit holders at each track shall | 3984 |
receive a share of each distribution of the Ohio combined | 3985 |
simulcast horse racing purse fund in the same percentage, rounded | 3986 |
to the nearest one-hundredth of the amount of each distribution, | 3987 |
as the average total amount wagered at the track on racing days at | 3988 |
which live racing programs were conducted, including the amount | 3989 |
allocated to the track under section 3769.26 of the Revised Code | 3990 |
for live races, during the five calendar years immediately | 3991 |
preceding the year for which the distribution is made bears to the | 3992 |
average annual total amount wagered at all tracks in the state | 3993 |
operating under permits issued by the state racing commission | 3994 |
under section 3769.07, 3769.071, or 3769.072 of the Revised Code | 3995 |
on all racing days at which live racing programs were conducted, | 3996 |
including the amount allocated to the tracks under section 3769.26 | 3997 |
of the Revised Code for live races, during the five calendar years | 3998 |
immediately preceding the year for which the distribution is made. | 3999 |
By the thirty-first day of January of each year the commission | 4000 |
shall calculate the share of the permit holders at each track for | 4001 |
that year, shall enter the share percentages in its official | 4002 |
records, and shall notify all permit holders of the share | 4003 |
percentages of all tracks for that calendar year. | 4004 |
The permit holders at each track, with the approval of the | 4005 |
commission, shall allocate their share of the fund as distributed | 4006 |
to the purse account of each permit holder for each race meeting. | 4007 |
The commission shall cause to be kept accurate records of its | 4008 |
administration of the fund, including all administrative expenses | 4009 |
incurred by it and charged to the fund, and of distributions to | 4010 |
permit holders. These records are public records available for | 4011 |
inspection at any time during the regular business hours of the | 4012 |
commission by any permit holder or horsemen's organization, by an | 4013 |
authorized agent of the permit holder or horsemen's organization, | 4014 |
or by any other person. | 4015 |
(G) Upon the approval of the commission, a permit holder | 4016 |
conducting live racing programs may transmit electronically | 4017 |
televised simulcasts of horse races conducted at the permit | 4018 |
holder's track to racing associations, tracks, and facilities | 4019 |
located outside this state for the conduct of pari-mutuel wagering | 4020 |
thereon, at the times, on the terms, and for the fee agreed upon | 4021 |
by the permit holder and the receiving racing association, track, | 4022 |
or facility. From the fees paid to the permit holder for such | 4023 |
simulcasts, a permit holder shall retain for the costs of | 4024 |
administration a fee in an amount equal to one per cent of the | 4025 |
amount wagered on the races simulcast by the permit holder. From | 4026 |
the remaining balance of the fee, one-half shall be retained by | 4027 |
the permit holder for purses, except that notwithstanding the fee | 4028 |
arrangement between the permit holder and the receiving racing | 4029 |
association, track, or facility, the permit holder shall deposit | 4030 |
into its purse account not less than an amount equal to | 4031 |
three-fourths of one per cent of the amount wagered at racing | 4032 |
associations, tracks, and facilities located outside the state on | 4033 |
the races simulcast by the permit holder. | 4034 |
All televised simulcasts of horse races conducted in this | 4035 |
state to racing associations, tracks, and facilities located | 4036 |
outside this state shall comply with the "Interstate Horse Racing | 4037 |
Act of 1978," 92 Stat. 1811, 15 U.S.C.A. 3001 to 3007. The consent | 4038 |
of the horsemen's organization at the track of the permit holder | 4039 |
applying to the commission to simulcast horse races conducted at | 4040 |
the permit holder's track to racing associations, tracks, and | 4041 |
facilities located outside this state | 4042 |
4043 | |
live racing. | 4044 |
4045 | |
4046 | |
4047 | |
4048 | |
4049 | |
4050 |
(H)(1) The state racing commission may authorize any permit | 4051 |
holder that is authorized to conduct live horse racing on racing | 4052 |
days and that conducts pari-mutuel wagering on simulcasts of horse | 4053 |
races under this section that are conducted at race tracks either | 4054 |
inside or outside this state to conduct, supervise, and | 4055 |
participate in interstate and intrastate common pari-mutuel | 4056 |
wagering pools on those races in the manner provided in division | 4057 |
(H) of this section. Except as otherwise expressly provided in | 4058 |
division (H) of this section or in the rules of the state racing | 4059 |
commission, the provisions of this chapter that govern pari-mutuel | 4060 |
wagering apply to interstate or intrastate common pari-mutuel | 4061 |
wagering pools. | 4062 |
(2) Subject to the approval of the state racing commission, | 4063 |
the types of wagering, calculation of the commission retained by | 4064 |
the permit holder, tax rates, distribution of winnings, and rules | 4065 |
of racing in effect for pari-mutuel wagering pools at the host | 4066 |
track may govern wagers placed at a receiving track in this state | 4067 |
and merged into an interstate or intrastate common pari-mutuel | 4068 |
wagering pool. Breakage from interstate or intrastate common | 4069 |
pari-mutuel wagering pools shall be calculated in accordance with | 4070 |
the rules that govern the host track and shall be distributed | 4071 |
among the tracks participating in the interstate or intrastate | 4072 |
common wagering pool in a manner agreed to by the participating | 4073 |
tracks and the host track. An interstate common pari-mutuel | 4074 |
wagering pool formed under division (H)(3) of this section is | 4075 |
subject to that division rather than to division (H)(2) of this | 4076 |
section. | 4077 |
(3) Subject to the approval of the state racing commission, | 4078 |
an interstate common pari-mutuel wagering pool may be formed | 4079 |
between a permit holder and one or more receiving tracks located | 4080 |
in states other than the state in which the host track is located. | 4081 |
The commission may approve types of wagering, calculation of the | 4082 |
commission retained by the permit holder, tax rates, distribution | 4083 |
of winnings, rules of racing, and calculation of breakage for such | 4084 |
an interstate common pari-mutuel wagering pool that differ from | 4085 |
those that would otherwise be applied in this state under this | 4086 |
chapter but that are consistent for all tracks participating in | 4087 |
the interstate common pari-mutuel wagering pool formed under | 4088 |
division (H)(3) of this section. | 4089 |
(4) As used in division (H) of this section: | 4090 |
(a) "Host track" means a track where live horse races are | 4091 |
conducted and offered for simulcasting to receiving tracks. | 4092 |
(b) "Receiving track" means a track where simulcasts of races | 4093 |
from a host track are displayed and wagered on. | 4094 |
(I) Each permit holder is responsible for paying all costs | 4095 |
associated with the up-link for, and reception of, simulcasts, and | 4096 |
the conduct and operation of simulcast racing programs, for all | 4097 |
fees and costs associated with serving as a simulcast host or | 4098 |
simulcast guest, and for any required fees payable to the tracks, | 4099 |
racing associations, or state regulatory agencies where simulcast | 4100 |
racing is conducted at tracks located outside this state. | 4101 |
(J) No license, fee, or excise tax, other than as specified | 4102 |
in division (E) of this section, shall be assessed upon or | 4103 |
collected from a permit holder or the owners of a permit holder in | 4104 |
connection with, or pertaining to, the operation and conduct of | 4105 |
simulcast racing programs in this state, by any county, township, | 4106 |
municipal corporation, district, or other body having the | 4107 |
authority to assess or collect a tax or fee. | 4108 |
(K)(1) Permit holders operating tracks within the same county | 4109 |
or adjacent counties that are conducting simulcast racing programs | 4110 |
under this section may enter into agreements regarding the conduct | 4111 |
of simulcast racing programs at their respective tracks and the | 4112 |
sharing of the retained commissions therefrom, for such periods of | 4113 |
time, upon such terms and conditions, and subject to such rights | 4114 |
and obligations, as the contracting permit holders consider | 4115 |
appropriate under the circumstances. Permit holders
| 4116 |
shall notify the state racing commission of their entry into an | 4117 |
agreement pursuant to this division, the names of the permit | 4118 |
holders that are parties to the agreement, and the length of | 4119 |
4120 |
(2) Permit holders and the thoroughbred horsemens association | 4121 |
and Ohio harness horsemens association may agree to do any of the | 4122 |
following: | 4123 |
(a) Increase or reduce the fees and amounts to be retained by | 4124 |
the permit holders under this section; | 4125 |
(b) Increase or reduce the fees and amounts to be allocated | 4126 |
to the purse accounts | 4127 |
(c) Increase or reduce the fees to be paid between and among | 4128 |
simulcast hosts and simulcast guests under this section and under | 4129 |
division (C) of section 3769.0810 of the Revised Code; | 4130 |
(d) Modify, suspend, or waive the requirements set forth in | 4131 |
division (B) of this section as to any permit holder or as to all | 4132 |
permit holders. | 4133 |
All permit holders and both horsemen's organizations shall | 4134 |
approve such agreement. Any agreement entered into under division | 4135 |
(K)(2) of this section shall set forth the effective date of any | 4136 |
such increase or reduction, and the terms and provisions of the | 4137 |
agreement, and a copy of the agreement shall be filed with the | 4138 |
state racing commission. | 4139 |
Sec. 3770.02. (A) Subject to the advice and consent of the | 4140 |
senate, the governor shall appoint a director of the state lottery | 4141 |
commission who shall serve at the pleasure of the governor. The | 4142 |
director shall devote full time to the duties of the office and | 4143 |
shall hold no other office or employment. The director shall meet | 4144 |
all requirements for appointment as a member of the commission and | 4145 |
shall, by experience and training, possess management skills that | 4146 |
equip the director to administer an enterprise of the nature of a | 4147 |
state lottery. The director shall receive an annual salary in | 4148 |
accordance with pay range 48 of section 124.152 of the Revised | 4149 |
Code. | 4150 |
(B)(1) The director shall attend all meetings of the | 4151 |
commission and shall act as its secretary. The director shall keep | 4152 |
a record of all commission proceedings and shall keep the | 4153 |
commission's records, files, and documents at the commission's | 4154 |
principal office. All records of the commission's meetings shall | 4155 |
be available for inspection by any member of the public, upon a | 4156 |
showing of good cause and prior notification to the director. | 4157 |
(2) The director shall be the commission's executive officer | 4158 |
and shall be responsible for keeping all commission records and | 4159 |
supervising and administering the state lottery in accordance with | 4160 |
this chapter, and carrying out all commission rules adopted under | 4161 |
section 3770.03 of the Revised Code. | 4162 |
(C)(1) The director shall appoint an assistant director, | 4163 |
deputy directors of marketing, operations, sales, finance, public | 4164 |
relations, security, and administration, and as many regional | 4165 |
managers as are required. The director may also appoint necessary | 4166 |
professional, technical, and clerical assistants. All such | 4167 |
officers and employees shall be appointed and compensated pursuant | 4168 |
to Chapter 124. of the Revised Code. Regional and assistant | 4169 |
regional managers, sales representatives, and any lottery | 4170 |
executive account representatives shall remain in the unclassified | 4171 |
service. | 4172 |
(2) The director, in consultation with the director of | 4173 |
administrative services, may establish standards of proficiency | 4174 |
and productivity for commission field representatives. | 4175 |
(D) The director shall request the bureau of criminal | 4176 |
identification and investigation, the department of public safety, | 4177 |
or any other state, local, or federal agency to supply the | 4178 |
director with the criminal records of any job applicant and may | 4179 |
periodically request the criminal records of commission employees. | 4180 |
At or prior to the time of making such a request, the director | 4181 |
shall require a job applicant or commission employee to obtain | 4182 |
fingerprint cards prescribed by the superintendent of the bureau | 4183 |
of criminal identification and investigation at a qualified law | 4184 |
enforcement agency, and the director shall cause these fingerprint | 4185 |
cards to be forwarded to the bureau of criminal identification and | 4186 |
investigation and the federal bureau of investigation. The | 4187 |
commission shall assume the cost of obtaining the fingerprint | 4188 |
cards and shall pay to each agency supplying criminal records for | 4189 |
each investigation under this division a reasonable fee, as | 4190 |
determined by the agency. | 4191 |
(E) The director shall license lottery sales agents pursuant | 4192 |
to section 3770.05 of the Revised Code and, when it is considered | 4193 |
necessary, may revoke or suspend the license of any lottery sales | 4194 |
agent. The director may license video lottery technology | 4195 |
providers, independent testing laboratories, and gaming employees, | 4196 |
and promulgate rules relating thereto. When the director considers | 4197 |
it necessary, the director may suspend or revoke the license of a | 4198 |
video lottery technology provider, independent testing laboratory, | 4199 |
or gaming employee, including suspension or revocation without | 4200 |
affording an opportunity for a prior hearing under section 119.07 | 4201 |
of the Revised Code when the public safety, convenience, or trust | 4202 |
requires immediate action. | 4203 |
(F) The director shall confer at least once each month with | 4204 |
the commission, at which time the director shall advise it | 4205 |
regarding the operation and administration of the lottery. The | 4206 |
director shall make available at the request of the commission all | 4207 |
documents, files, and other records pertaining to the operation | 4208 |
and administration of the lottery. The director shall prepare and | 4209 |
make available to the commission each month a complete and | 4210 |
accurate accounting of lottery revenues, prize money disbursements | 4211 |
and the cost of goods and services awarded as prizes, operating | 4212 |
expenses, and all other relevant financial information, including | 4213 |
an accounting of all transfers made from any lottery funds in the | 4214 |
custody of the treasurer of state to benefit education. | 4215 |
(G) The director may enter into contracts for the operation | 4216 |
or promotion of the lottery pursuant to Chapter 125. of the | 4217 |
Revised Code. | 4218 |
(H)(1) Pursuant to rules adopted by the commission under | 4219 |
section 3770.03 of the Revised Code, the director shall require | 4220 |
any lottery sales agents to either mail directly to the commission | 4221 |
or deposit to the credit of the state lottery fund, in banking | 4222 |
institutions designated by the treasurer of state, net proceeds | 4223 |
due the commission as determined by the director, and to file with | 4224 |
the director or the director's designee reports of their receipts | 4225 |
and transactions in the sale of lottery tickets in the form | 4226 |
required by the director. | 4227 |
(2) Pursuant to rules adopted by the commission under Chapter | 4228 |
119. of the Revised Code, the director may impose penalties for | 4229 |
the failure of a sales agent to transfer funds to the commission | 4230 |
in a timely manner. Penalties may include monetary penalties, | 4231 |
immediate suspension or revocation of a license, or any other | 4232 |
penalty the commission adopts by rule. | 4233 |
(I) The director may arrange for any person, or any banking | 4234 |
institution, to perform functions and services in connection with | 4235 |
the operation of the lottery as the director may consider | 4236 |
necessary to carry out this chapter. | 4237 |
(J)(1) As used in this chapter, "statewide joint lottery | 4238 |
game" means a lottery game that the commission sells solely within | 4239 |
this state under an agreement with other lottery jurisdictions to | 4240 |
sell the same lottery game solely within their statewide or other | 4241 |
jurisdictional boundaries. | 4242 |
(2) If the governor directs the director to do so, the | 4243 |
director shall enter into an agreement with other lottery | 4244 |
jurisdictions to conduct statewide joint lottery games. If the | 4245 |
governor signs the agreement personally or by means of an | 4246 |
authenticating officer pursuant to section 107.15 of the Revised | 4247 |
Code, the director then may conduct statewide joint lottery games | 4248 |
under the agreement. | 4249 |
(3) The entire net proceeds from any statewide joint lottery | 4250 |
games shall be used to fund elementary, secondary, vocational, and | 4251 |
special education programs in this state. | 4252 |
(4) The commission shall conduct any statewide joint lottery | 4253 |
games in accordance with rules it adopts under division (B)(5) of | 4254 |
section 3770.03 of the Revised Code. | 4255 |
(K)(1) The director shall enter into an agreement with the | 4256 |
department of alcohol and drug addiction services under which the | 4257 |
department shall provide a program of gambling addiction services | 4258 |
on behalf of the commission. The commission shall pay the costs of | 4259 |
the program provided pursuant to the agreement. | 4260 |
(2) As used in this section, "gambling addiction services" | 4261 |
has the same meaning as in section 3793.01 of the Revised Code. | 4262 |
Sec. 3770.03. (A) The state lottery commission shall | 4263 |
promulgate rules under which a statewide lottery may be conducted, | 4264 |
which includes, and since the original enactment of this section | 4265 |
has included, the authority for the commission to operate video | 4266 |
lottery terminal games. Any reference in this chapter to tickets | 4267 |
shall not be construed to in any way limit the authority of the | 4268 |
commission to operate video lottery terminal games. Nothing in | 4269 |
this chapter shall restrict the authority of the commission to | 4270 |
promulgate rules related to the operation of games utilizing video | 4271 |
lottery terminals as described in section 3770.21 of the Revised | 4272 |
Code. The rules shall be promulgated pursuant to Chapter 119. of | 4273 |
the Revised Code, except that | 4274 |
promulgated pursuant to section 111.15 of the Revised Code but are | 4275 |
not subject to division (D) of that section. Video lottery | 4276 |
terminal games shall be approved by resolution of the commission. | 4277 |
Subjects covered in these rules shall include, but need not be | 4278 |
limited to, the following: | 4279 |
(1) The type of lottery to be conducted; | 4280 |
(2) The prices of tickets in the lottery; | 4281 |
(3) The number, nature, and value of prize awards, the manner | 4282 |
and frequency of prize drawings, and the manner in which prizes | 4283 |
shall be awarded to holders of winning tickets. | 4284 |
(B) The commission shall promulgate rules, in addition to | 4285 |
those described in division (A) of this section, pursuant to | 4286 |
Chapter 119. of the Revised Code under which a statewide lottery | 4287 |
and statewide joint lottery games may be conducted. Subjects | 4288 |
covered in these rules shall include, but not be limited to, the | 4289 |
following: | 4290 |
(1) The locations at which lottery tickets may be sold and | 4291 |
the manner in which they are to be sold. These rules may authorize | 4292 |
the sale of lottery tickets by commission personnel or other | 4293 |
licensed individuals from traveling show wagons at the state fair, | 4294 |
and at any other expositions the director of the commission | 4295 |
considers acceptable. These rules shall prohibit commission | 4296 |
personnel or other licensed individuals from soliciting from an | 4297 |
exposition the right to sell lottery tickets at that exposition, | 4298 |
but shall allow commission personnel or other licensed individuals | 4299 |
to sell lottery tickets at an exposition if the exposition | 4300 |
requests commission personnel or licensed individuals to do so. | 4301 |
These rules may also address the accessibility of sales agent | 4302 |
locations to commission products in accordance with the "Americans | 4303 |
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101 | 4304 |
et seq. | 4305 |
(2) The manner in which lottery sales revenues are to be | 4306 |
collected, including authorization for the director to impose | 4307 |
penalties for failure by lottery sales agents to transfer revenues | 4308 |
to the commission in a timely manner; | 4309 |
(3) The amount of compensation to be paid licensed lottery | 4310 |
sales agents; | 4311 |
(4) The substantive criteria for the licensing of lottery | 4312 |
sales agents consistent with section 3770.05 of the Revised Code, | 4313 |
and procedures for revoking or suspending their licenses | 4314 |
consistent with Chapter 119. of the Revised Code. If | 4315 |
circumstances, such as the nonpayment of funds owed by a lottery | 4316 |
sales agent, or other circumstances related to the public safety, | 4317 |
convenience, or trust, require immediate action, the director may | 4318 |
suspend a license without affording an opportunity for a prior | 4319 |
hearing under section 119.07 of the Revised Code. | 4320 |
(5) Special game rules to implement any agreements signed by | 4321 |
the governor that the director enters into with other lottery | 4322 |
jurisdictions under division (J) of section 3770.02 of the Revised | 4323 |
Code to conduct statewide joint lottery games. The rules shall | 4324 |
require that the entire net proceeds of those games that remain, | 4325 |
after associated operating expenses, prize disbursements, lottery | 4326 |
sales agent bonuses, commissions, and reimbursements, and any | 4327 |
other expenses necessary to comply with the agreements or the | 4328 |
rules are deducted from the gross proceeds of those games, be | 4329 |
transferred to the lottery profits education fund under division | 4330 |
(B) of section 3770.06 of the Revised Code. | 4331 |
(6) Any other subjects the commission determines are | 4332 |
necessary for the operation of video lottery terminal games, | 4333 |
including the establishment of any fees, fines, or payment | 4334 |
schedules. | 4335 |
(C) Chapter 2915. of the Revised Code does not apply to, | 4336 |
affect, or prohibit lotteries conducted pursuant to this chapter. | 4337 |
(D) The commission may promulgate rules, in addition to those | 4338 |
described in divisions (A) and (B) of this section, that establish | 4339 |
standards governing the display of advertising and celebrity | 4340 |
images on lottery tickets and on other items that are used in the | 4341 |
conduct of, or to promote, the statewide lottery and statewide | 4342 |
joint lottery games. Any revenue derived from the sale of | 4343 |
advertising displayed on lottery tickets and on those other items | 4344 |
shall be considered, for purposes of section 3770.06 of the | 4345 |
Revised Code, to be related proceeds in connection with the | 4346 |
statewide lottery or gross proceeds from statewide joint lottery | 4347 |
games, as applicable. | 4348 |
(E)(1) The commission shall meet with the director at least | 4349 |
once each month and shall convene other meetings at the request of | 4350 |
the chairperson or any five of the members. No action taken by the | 4351 |
commission shall be binding unless at least five of the members | 4352 |
present vote in favor of the action. A written record shall be | 4353 |
made of the proceedings of each meeting and shall be transmitted | 4354 |
forthwith to the governor, the president of the senate, the senate | 4355 |
minority leader, the speaker of the house of representatives, and | 4356 |
the house minority leader. | 4357 |
(2) The director shall present to the commission a report | 4358 |
each month, showing the total revenues, prize disbursements, and | 4359 |
operating expenses of the state lottery for the preceding month. | 4360 |
As soon as practicable after the end of each fiscal year, the | 4361 |
commission shall prepare and transmit to the governor and the | 4362 |
general assembly a report of lottery revenues, prize | 4363 |
disbursements, and operating expenses for the preceding fiscal | 4364 |
year and any recommendations for legislation considered necessary | 4365 |
by the commission. | 4366 |
Sec. 3770.05. (A) As used in this section, "person" means | 4367 |
any person, association, corporation, partnership, club, trust, | 4368 |
estate, society, receiver, trustee, person acting in a fiduciary | 4369 |
or representative capacity, instrumentality of the state or any of | 4370 |
its political subdivisions, or any other combination of | 4371 |
individuals meeting the requirements set forth in this section or | 4372 |
established by rule or order of the state lottery commission. | 4373 |
(B) The director of the state lottery commission may license | 4374 |
any person as a lottery sales agent. No license shall be issued to | 4375 |
any person or group of persons to engage in the sale of lottery | 4376 |
tickets as the person's or group's sole occupation or business. | 4377 |
Before issuing any license to a lottery sales agent, the | 4378 |
director shall consider all of the following: | 4379 |
(1) The financial responsibility and security of the | 4380 |
applicant and the applicant's business or activity; | 4381 |
(2) The accessibility of the applicant's place of business or | 4382 |
activity to the public; | 4383 |
(3) The sufficiency of existing licensed agents to serve the | 4384 |
public interest; | 4385 |
(4) The volume of expected sales by the applicant; | 4386 |
(5) Any other factors pertaining to the public interest, | 4387 |
convenience, or trust. | 4388 |
(C) Except as otherwise provided in division (F) of this | 4389 |
section, the director of the state lottery commission shall refuse | 4390 |
to grant, or shall suspend or revoke, a license if the applicant | 4391 |
or licensee: | 4392 |
(1) Has been convicted of a felony or has been convicted of a | 4393 |
crime involving moral turpitude; | 4394 |
(2) Has been convicted of an offense that involves illegal | 4395 |
gambling; | 4396 |
(3) Has been found guilty of fraud or misrepresentation in | 4397 |
any connection; | 4398 |
(4) Has been found to have violated any rule or order of the | 4399 |
commission; or | 4400 |
(5) Has been convicted of illegal trafficking in supplemental | 4401 |
nutrition assistance program benefits. | 4402 |
(D) Except as otherwise provided in division (F) of this | 4403 |
section, the director of the state lottery commission shall refuse | 4404 |
to grant, or shall suspend or revoke, a license if the applicant | 4405 |
or licensee is a corporation and any of the following applies: | 4406 |
(1) Any of the corporation's directors, officers, or | 4407 |
controlling shareholders has been found guilty of any of the | 4408 |
activities specified in divisions (C)(1) to (5) of this section; | 4409 |
(2) It appears to the director of the state lottery | 4410 |
commission that, due to the experience, character, or general | 4411 |
fitness of any director, officer, or controlling shareholder of | 4412 |
the corporation, the granting of a license as a lottery sales | 4413 |
agent would be inconsistent with the public interest, convenience, | 4414 |
or trust; | 4415 |
(3) The corporation is not the owner or lessee of the | 4416 |
business at which it would conduct a lottery sales agency pursuant | 4417 |
to the license applied for; | 4418 |
(4) Any person, firm, association, or corporation other than | 4419 |
the applicant or licensee shares or will share in the profits of | 4420 |
the applicant or licensee, other than receiving dividends or | 4421 |
distributions as a shareholder, or participates or will | 4422 |
participate in the management of the affairs of the applicant or | 4423 |
licensee. | 4424 |
(E)(1) The director of the state lottery commission shall | 4425 |
refuse to grant a license to an applicant for a lottery sales | 4426 |
agent license and shall revoke a lottery sales agent license if | 4427 |
the applicant or licensee is or has been convicted of a violation | 4428 |
of division (A) or (C)(1) of section 2913.46 of the Revised Code. | 4429 |
(2) The director shall refuse to grant a license to an | 4430 |
applicant for a lottery sales agent license that is a corporation | 4431 |
and shall revoke the lottery sales agent license of a corporation | 4432 |
if the corporation is or has been convicted of a violation of | 4433 |
division (A) or (C)(1) of section 2913.46 of the Revised Code. | 4434 |
(F) The director of the state lottery commission shall | 4435 |
request the bureau of criminal identification and investigation, | 4436 |
the department of public safety, or any other state, local, or | 4437 |
federal agency to supply the director with the criminal records of | 4438 |
any applicant for a lottery sales agent license, and may | 4439 |
periodically request the criminal records of any person to whom a | 4440 |
lottery sales agent license has been issued. At or prior to the | 4441 |
time of making such a request, the director shall require an | 4442 |
applicant or licensee to obtain fingerprint impressions on | 4443 |
fingerprint cards prescribed by the superintendent of the bureau | 4444 |
of criminal identification and investigation at a qualified law | 4445 |
enforcement agency, and the director shall cause those fingerprint | 4446 |
cards to be forwarded to the bureau of criminal identification and | 4447 |
investigation, to the federal bureau of investigation, or to both | 4448 |
bureaus. The commission shall assume the cost of obtaining the | 4449 |
fingerprint cards. | 4450 |
The director shall pay to each agency supplying criminal | 4451 |
records for each investigation a reasonable fee, as determined by | 4452 |
the agency. | 4453 |
The commission may adopt uniform rules specifying time | 4454 |
periods after which the persons described in divisions (C)(1) to | 4455 |
(5) and (D)(1) to (4) of this section may be issued a license and | 4456 |
establishing requirements for those persons to seek a court order | 4457 |
to have records sealed in accordance with law. | 4458 |
(G)(1) Each applicant for a lottery sales agent license shall | 4459 |
do both of the following: | 4460 |
(a) Pay fees to the state lottery commission, if required by | 4461 |
rule adopted by the director under Chapter 119. of the Revised | 4462 |
Code | 4463 |
(b) Prior to approval of the application, obtain a surety | 4464 |
bond in an amount the director determines by rule adopted under | 4465 |
Chapter 119. of the Revised Code or, alternatively, with the | 4466 |
director's approval, deposit the same amount into a dedicated | 4467 |
account for the benefit of the state lottery. The director also | 4468 |
may approve the obtaining of a surety bond to cover part of the | 4469 |
amount required, together with a dedicated account deposit to | 4470 |
cover the remainder of the amount required. The director also may | 4471 |
establish an alternative program or policy, with the approval of | 4472 |
the commission by rule adopted under Chapter 119. of the Revised | 4473 |
Code, that otherwise ensures the lottery's financial interests are | 4474 |
adequately protected. If such an alternative program or policy is | 4475 |
established, an applicant or lottery sales agent, subject to the | 4476 |
director's approval, may be permitted to participate in the | 4477 |
program or proceed under that policy in lieu of providing a surety | 4478 |
bond or dedicated amount. | 4479 |
A surety bond may be with any company that complies with the | 4480 |
bonding and surety laws of this state and the requirements | 4481 |
established by rules of the commission pursuant to this chapter. A | 4482 |
dedicated account deposit shall be conducted in accordance with | 4483 |
policies and procedures the director establishes. | 4484 |
A surety bond, dedicated account, other established program | 4485 |
or policy, or | 4486 |
applicable, may be used to pay for the lottery sales agent's | 4487 |
failure to make prompt and accurate payments for lottery ticket | 4488 |
sales, for missing or stolen lottery tickets, for damage to | 4489 |
equipment or materials issued to the lottery sales agent, or to | 4490 |
pay for expenses the commission incurs in connection with the | 4491 |
lottery sales agent's license. | 4492 |
(2) A lottery sales agent license is effective for at least | 4493 |
one year, but not more than three years. | 4494 |
A licensed lottery sales agent, on or before the date | 4495 |
established by the director, shall renew the agent's license and | 4496 |
provide at that time evidence to the director that the surety | 4497 |
bond, dedicated account deposit, or both, required under division | 4498 |
(G)(1)(b) of this section has been renewed or is active, whichever | 4499 |
applies. | 4500 |
Before the commission renews a lottery sales agent license, | 4501 |
the lottery sales agent shall submit a renewal fee to the | 4502 |
commission, if one is required by rule adopted by the director | 4503 |
under Chapter 119. of the Revised Code | 4504 |
4505 | |
actual cost of administering the license renewal and processing | 4506 |
changes reflected in the renewal application. The renewal of the | 4507 |
license is effective for | 4508 |
than three years. | 4509 |
(3) A lottery sales agent license shall be complete, | 4510 |
accurate, and current at all times during the term of the license. | 4511 |
Any changes to an original license application or a renewal | 4512 |
application may subject the applicant or lottery sales agent, as | 4513 |
applicable, to paying an administrative fee that shall be in an | 4514 |
amount that the director determines by rule adopted under Chapter | 4515 |
119. of the Revised Code | 4516 |
that shall not exceed the actual cost of administering and | 4517 |
processing the changes to an application. | 4518 |
(4) The relationship between the commission and a lottery | 4519 |
sales agent is one of trust. A lottery sales agent collects funds | 4520 |
on behalf of the commission through the sale of lottery tickets | 4521 |
for which the agent receives a compensation. | 4522 |
(H) Pending a final resolution of any question arising under | 4523 |
this section, the director of the state lottery commission may | 4524 |
issue a temporary lottery sales agent license, subject to the | 4525 |
terms and conditions the director considers appropriate. | 4526 |
(I) If a lottery sales agent's rental payments for the | 4527 |
lottery sales agent's premises are determined, in whole or in | 4528 |
part, by the amount of retail sales the lottery sales agent makes, | 4529 |
and if the rental agreement does not expressly provide that the | 4530 |
amount of those retail sales includes the amounts the lottery | 4531 |
sales agent receives from lottery ticket sales, only the amounts | 4532 |
the lottery sales agent receives as compensation from the state | 4533 |
lottery commission for selling lottery tickets shall be considered | 4534 |
to be amounts the lottery sales agent receives from the retail | 4535 |
sales the lottery sales agent makes, for the purpose of computing | 4536 |
the lottery sales agent's rental payments. | 4537 |
Sec. 3770.07. (A)(1) Except as provided in division (A)(2) | 4538 |
of this section, lottery prize awards shall be claimed by the | 4539 |
holder of the winning lottery | 4540 |
or administrator, or the trustee of a trust, of the estate of a | 4541 |
deceased holder of a winning lottery
| 4542 |
to be determined by the state lottery commission, within one | 4543 |
hundred eighty days after the date on which the prize award was | 4544 |
announced if the lottery game is an online game, and within one | 4545 |
hundred eighty days after the close of the game if the lottery | 4546 |
game is an instant game. | 4547 |
| 4548 |
4549 | |
set by 26 U.S.C. 6041, or a subsequent analogous section of the | 4550 |
Internal Revenue Code, shall not be claimed by or paid to any | 4551 |
person, as defined in section 1.59 of the Revised Code or as | 4552 |
defined by rule or order of the state lottery commission, until | 4553 |
the name, address, and social security number of each beneficial | 4554 |
owner of the prize award are | 4555 |
commission. Except when a beneficial owner otherwise consents in | 4556 |
writing, in the case of a claim for a lottery prize award made by | 4557 |
one or more beneficial owners using a trust, the name, address, | 4558 |
and social security number of each such beneficial owner in the | 4559 |
commission's records as a result of such a disclosure are | 4560 |
confidential and shall not be subject to inspection or copying | 4561 |
under section 149.43 of the Revised Code as a public record. | 4562 |
Except as otherwise provided in division (A)(1) of this | 4563 |
section or as otherwise provided by law, the name and address of | 4564 |
any individual claiming a lottery prize award are subject to | 4565 |
inspection or copying under section 149.43 of the Revised Code as | 4566 |
a public record. | 4567 |
(2) An eligible person serving on active military duty in any | 4568 |
branch of the United States armed forces during a war or national | 4569 |
emergency declared in accordance with federal law may submit a | 4570 |
delayed claim for a lottery prize award. The eligible person shall | 4571 |
do so by notifying the state lottery commission about the claim | 4572 |
not later than the five hundred fortieth day after the date on | 4573 |
which the prize award was announced if the lottery game is an | 4574 |
online game or after the date on which the lottery game closed if | 4575 |
the lottery game is an instant game. | 4576 |
(3) If no valid claim to a lottery prize award is made within | 4577 |
the prescribed period, the prize money, the cost of goods and | 4578 |
services awarded as prizes, or, if goods or services awarded as | 4579 |
prizes are resold by the state lottery commission, the proceeds | 4580 |
from their sale shall be returned to the state lottery fund and | 4581 |
distributed in accordance with section 3770.06 of the Revised | 4582 |
Code. | 4583 |
(4) The state lottery commission may share with other | 4584 |
governmental agencies the name, address, and social security | 4585 |
number of a beneficial owner disclosed to the commission under | 4586 |
division (A)(1) of this section, as authorized under sections | 4587 |
3770.071 and 3770.073 of the Revised Code. Any shared information | 4588 |
as disclosed pursuant to those sections that is made confidential | 4589 |
by division (A)(1) of this section remains confidential and shall | 4590 |
not be subject to inspection or copying under section 149.43 of | 4591 |
the Revised Code as a public record unless the applicable | 4592 |
beneficial owner otherwise provides written consent. | 4593 |
(5) As used in this division: | 4594 |
(a) "Eligible person" means a person who is entitled to a | 4595 |
lottery prize award and who falls into either of the following | 4596 |
categories: | 4597 |
(i) While on active military duty in this state, the person, | 4598 |
as the result of a war or national emergency declared in | 4599 |
accordance with federal law, is transferred out of this state | 4600 |
before the one hundred eightieth day after the date on which the | 4601 |
winner of the lottery prize award is selected. | 4602 |
(ii) While serving in the reserve forces in this state, the | 4603 |
person, as the result of a war or national emergency declared in | 4604 |
accordance with federal law, is placed on active military duty and | 4605 |
is transferred out of this state before the expiration of the one | 4606 |
hundred eightieth day after the date on which the prize drawing | 4607 |
occurs for an online game or before the expiration of the one | 4608 |
hundred eightieth day following the close of an instant game as | 4609 |
determined by the commission. | 4610 |
(b) "Active military duty" means that a person is covered by | 4611 |
the "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003), 50 | 4612 |
U.S.C. 501 et seq., as amended, or the "Uniformed Services | 4613 |
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, | 4614 |
38 U.S.C. 4301 et seq., as amended. | 4615 |
(c) "Each beneficial owner" means the ultimate recipient or, | 4616 |
if there is more than one, each ultimate recipient of a lottery | 4617 |
prize award. | 4618 |
(B) If a prize winner, as defined in section 3770.10 of the | 4619 |
Revised Code, is under eighteen years of age, or is under some | 4620 |
other legal disability, and the prize money or the cost of goods | 4621 |
or services awarded as a prize exceeds one thousand dollars, the | 4622 |
director of the state lottery commission shall order that payment | 4623 |
be made to the order of the legal guardian of that prize winner. | 4624 |
If the amount of the prize money or the cost of goods or services | 4625 |
awarded as a prize is one thousand dollars or less, the director | 4626 |
may order that payment be made to the order of the adult member, | 4627 |
if any, of that prize winner's family legally responsible for the | 4628 |
care of that prize winner. | 4629 |
(C) No right of any prize winner, as defined in section | 4630 |
3770.10 of the Revised Code, to a prize award shall be the subject | 4631 |
of a security interest or used as collateral. | 4632 |
(D)(1) No right of any prize winner, as defined in section | 4633 |
3770.10 of the Revised Code, to a prize award shall be assignable | 4634 |
except as follows: when the payment is to be made to the executor | 4635 |
or administrator, or the trustee of a trust, of the estate of a | 4636 |
4637 | |
disputed, any person may be awarded a prize award to which another | 4638 |
has claimed title, pursuant to the order of a court of competent | 4639 |
jurisdiction; when a person is awarded a prize award to which | 4640 |
another has claimed title, pursuant to the order of a federal | 4641 |
bankruptcy court under Title 11 of the United States Code; or as | 4642 |
provided in sections 3770.10 to 3770.14 of the Revised Code. | 4643 |
(2)(a) No right of any prize winner, as defined in section | 4644 |
3770.10 of the Revised Code, to a prize award with a remaining | 4645 |
unpaid balance of less than one hundred thousand dollars shall be | 4646 |
subject to garnishment, attachment, execution, withholding, or | 4647 |
deduction except as provided in sections 3119.80, 3119.81, | 4648 |
3121.02, 3121.03, and 3123.06 of the Revised Code or when the | 4649 |
director is to make a payment pursuant to section 3770.071 or | 4650 |
3770.073 of the Revised Code. | 4651 |
(b) No right of any prize winner, as defined in section | 4652 |
3770.10 of the Revised Code, to a prize award with an unpaid | 4653 |
balance of one hundred thousand dollars or more shall be subject | 4654 |
to garnishment, attachment, execution, withholding, or deduction | 4655 |
except as follows: as provided in sections 3119.80, 3119.81, | 4656 |
3121.02, 3121.03, and 3123.06 of the Revised Code; when the | 4657 |
director is to make a payment pursuant to section 3770.071 or | 4658 |
3770.073 of the Revised Code; or pursuant to the order of a court | 4659 |
of competent jurisdiction located in this state in a proceeding in | 4660 |
which the state lottery commission is a named party, in which case | 4661 |
the garnishment, attachment, execution, withholding, or deduction | 4662 |
pursuant to the order shall be subordinate to any payments to be | 4663 |
made pursuant to section 3119.80, 3119.81, 3121.02, 3121.03, | 4664 |
3123.06, 3770.071, or 3770.073 of the Revised Code. | 4665 |
(3) The state lottery commission may adopt and amend rules | 4666 |
pursuant to Chapter 119. of the Revised Code as necessary to | 4667 |
implement division (D) of this section, to provide for payments | 4668 |
from prize awards subject to garnishment, attachment, execution, | 4669 |
withholding, or deduction, and to comply with any applicable | 4670 |
requirements of federal law. | 4671 |
(4) Upon making payments from a prize award as required by | 4672 |
division (D) of this section, the director and the state lottery | 4673 |
commission are discharged from all further liability for those | 4674 |
payments, whether they are made to an executor, administrator, | 4675 |
trustee, judgment creditor, or another person, or to the prize | 4676 |
winner, as defined in section 3770.10 of the Revised Code. | 4677 |
(5) The state lottery commission shall adopt rules pursuant | 4678 |
to section 3770.03 of the Revised Code concerning the payment of | 4679 |
prize awards upon the death of a prize winner, as defined in | 4680 |
section 3770.10 of the Revised Code. Upon the death of a prize | 4681 |
winner, the remainder of the prize winner's prize award, to the | 4682 |
extent it is not subject to a transfer agreement under sections | 4683 |
3770.10 to 3770.14 of the Revised Code, may be paid to the | 4684 |
executor, administrator, or trustee in the form of a discounted | 4685 |
lump sum cash settlement. | 4686 |
(E) No lottery prize award shall be awarded to or for any | 4687 |
officer or employee of the state lottery commission, any officer | 4688 |
or employee of the auditor of state actively auditing, | 4689 |
coordinating | 4690 |
relative or spouse of such an officer or employee of the | 4691 |
commission or auditor of state living as a member of the officer's | 4692 |
or employee's household, nor shall any such officer, employee, | 4693 |
blood relative, or spouse attempt to claim a lottery prize award. | 4694 |
(F) The director may prohibit vendors to the state lottery | 4695 |
commission and their employees from being awarded a lottery prize | 4696 |
award. | 4697 |
(G) Upon the payment of prize awards pursuant to a provision | 4698 |
of this section, other than a provision of division (D) of this | 4699 |
section, the director and the state lottery commission are | 4700 |
discharged from all further liability for their payment. | 4701 |
Installment payments of lottery prize awards shall be paid by | 4702 |
official check or warrant, and they shall be sent by mail delivery | 4703 |
to the prize winner's address within the United States or by | 4704 |
electronic funds transfer to an established bank account located | 4705 |
within the United States, or the prize winner may pick them up at | 4706 |
an office of the commission. | 4707 |
Sec. 3770.071. (A)(1) If the amount of the prize money or | 4708 |
the cost of goods or services awarded as a lottery prize award | 4709 |
4710 | |
winnings amounts set by 26 U.S.C. 6041, or a subsequent analogous | 4711 |
section of the Internal Revenue Code, the director of the state | 4712 |
lottery commission or the director's designee shall require the | 4713 |
person entitled to the prize award to affirm in writing, under | 4714 |
oath, or by electronic means, whether or not the person is in | 4715 |
default under a support order. The director or the director's | 4716 |
designee also may take any additional appropriate steps to | 4717 |
determine if the person entitled to the prize award is in default | 4718 |
under a support order. If the person entitled to the prize award | 4719 |
affirms that the person is in default under a support order, or if | 4720 |
the director or the director's designee determines that the person | 4721 |
is in default under a support order, the director or the | 4722 |
director's designee shall temporarily withhold payment of the | 4723 |
prize award and notify the child support enforcement agency that | 4724 |
administers the support order that the person is entitled to a | 4725 |
prize award, of the amount of the prize award, and, if the prize | 4726 |
award is to be paid in annual installments, of the number of | 4727 |
installments. | 4728 |
(2) Upon receipt of the notice from the director or the | 4729 |
director's designee, the child support enforcement agency shall | 4730 |
conduct an investigation to determine whether the person entitled | 4731 |
to the lottery prize award is subject to a final and enforceable | 4732 |
determination of default made under sections 3123.01 to 3123.07 of | 4733 |
the Revised Code. If the agency determines that the person is so | 4734 |
subject, it shall issue an intercept directive as described in | 4735 |
section 3123.89 of the Revised Code to the director at lottery | 4736 |
commission headquarters requiring the director or the director's | 4737 |
designee to deduct from any unpaid prize award or any annual | 4738 |
installment payment of an unpaid prize award, a specified amount | 4739 |
for support in satisfaction of the support order under which the | 4740 |
person is in default. To the extent possible, the amount specified | 4741 |
to be deducted under the intercept directive shall satisfy the | 4742 |
amount ordered for support in the support order under which the | 4743 |
person is in default. | 4744 |
A child support enforcement agency shall issue an intercept | 4745 |
directive within thirty days from the date the director or the | 4746 |
director's designee notifies the agency under division (A)(1) of | 4747 |
this section. Within thirty days after the date on which the | 4748 |
agency issues the intercept directive, the director or the | 4749 |
director's designee shall pay the amount specified in the | 4750 |
intercept directive to the office of child support in the | 4751 |
department of job and family services. But, if the prize award is | 4752 |
to be paid in annual installments, the director or the director's | 4753 |
designee, on the date the next installment payment is due, shall | 4754 |
deduct the amount specified in the intercept directive from that | 4755 |
installment and, if necessary, any subsequent annual installments, | 4756 |
at the time those installments become due and owing to the prize | 4757 |
winner, and pay the amount to the office of child support. | 4758 |
(B) As used in this section: | 4759 |
(1) "Support order" has the same meaning as in section | 4760 |
3119.01 of the Revised Code. | 4761 |
(2) "Default" has the same meaning as in section 3121.01 of | 4762 |
the Revised Code. | 4763 |
(C) No person shall knowingly make a false affirmation or | 4764 |
oath required by division (A) of this section. | 4765 |
Sec. 3770.21. (A) As used in this section: | 4766 |
(1) "Video lottery terminal" means any electronic device | 4767 |
approved by the state lottery commission that provides immediate | 4768 |
prize determinations for participants on an electronic display. | 4769 |
(2) "Video lottery terminal promotional gaming credit" means | 4770 |
a video lottery terminal game credit, discount, or other similar | 4771 |
item issued to a patron to enable the placement of, or increase | 4772 |
in, a wager at a video lottery terminal. | 4773 |
(3) "Video lottery terminal income" means credits played | 4774 |
minus video lottery terminal promotional gaming credits and the | 4775 |
value of video lottery terminal promotional gaming credits awarded | 4776 |
that can be redeemed for cash or other designated prizes as a | 4777 |
result of a video lottery winning game outcome. | 4778 |
(B) The state lottery commission shall include, in | 4779 |
conjunction with the state racing commission, in any rules adopted | 4780 |
concerning video lottery terminals, the level of minimum | 4781 |
investments that must be made by video lottery terminal licensees | 4782 |
in the buildings, fixtures, equipment, facilities-related | 4783 |
preparation, and grounds at the facilities, including temporary | 4784 |
facilities, in which the terminals will be located, along with any | 4785 |
standards and timetables for such investments. | 4786 |
(C) Racetrack operators and management companies that are a | 4787 |
licensed lottery sales agent may provide video lottery terminal | 4788 |
promotional gaming credits to patrons for video lottery terminal | 4789 |
gaming. Video lottery terminal promotional gaming credits shall be | 4790 |
subject to oversight by the commission. The commission shall adopt | 4791 |
rules for video lottery terminal promotional gaming credits. The | 4792 |
rules shall exclude video lottery terminal promotional gaming | 4793 |
credits in the calculation of video lottery terminal income or any | 4794 |
payments or amounts due to the state or to the state lottery | 4795 |
commission. | 4796 |
(D) No license or excise tax or fee not in effect on the | 4797 |
effective date of this section shall be assessed upon or collected | 4798 |
from a video lottery terminal licensee by any county, township, | 4799 |
municipal corporation, school district, or other political | 4800 |
subdivision of the state that has authority to assess or collect a | 4801 |
tax or fee by reason of the video lottery terminal related conduct | 4802 |
authorized by section 3770.03 of the Revised Code. This division | 4803 |
does not prohibit the imposition of taxes under Chapter 718. or | 4804 |
3769. of the Revised Code. | 4805 |
| 4806 |
4807 | |
section or section 3770.03 of the Revised Code or any portion of | 4808 |
those sections or any rule adopted under those sections violates | 4809 |
any provision of the Ohio Constitution, any claim asserting that | 4810 |
any action taken by the governor or the lottery commission | 4811 |
pursuant to those sections violates any provision of the Ohio | 4812 |
Constitution or any provision of the Revised Code, or any claim | 4813 |
asserting that any portion of this section violates any provision | 4814 |
of the Ohio Constitution | 4815 |
4816 | |
4817 | |
4818 | |
shall be brought in the court of common pleas of Franklin county. | 4819 |
| 4820 |
3770.03 of the Revised Code be found to be unenforceable or | 4821 |
invalid, it shall be severed and the remaining portions remain in | 4822 |
full force and effect. | 4823 |
Sec. 3770.22. (A) Any information concerning the following | 4824 |
that is submitted, collected, or gathered as part of an | 4825 |
application to the state lottery commission for a video lottery | 4826 |
related license under this chapter is confidential and not subject | 4827 |
to disclosure by a state agency or political subdivision as a | 4828 |
public record under section 149.43 of the Revised Code: | 4829 |
(1) A dependent of an applicant; | 4830 |
(2) The social security number, passport number, or federal | 4831 |
tax identification number of an applicant or the spouse of an | 4832 |
applicant; | 4833 |
(3) The home address and telephone number of an applicant or | 4834 |
the spouse or dependent of an applicant; | 4835 |
(4) An applicant's birth certificate; | 4836 |
(5) The driver's license number of an applicant or the | 4837 |
applicant's spouse; | 4838 |
(6) The name or address of a previous spouse of the | 4839 |
applicant; | 4840 |
(7) The date of birth of the applicant and the spouse of an | 4841 |
applicant; | 4842 |
(8) The place of birth of the applicant and the spouse of an | 4843 |
applicant; | 4844 |
(9) The personal financial information and records of an | 4845 |
applicant or of an employee or the spouse or dependent of an | 4846 |
applicant, including tax returns and information, and records of | 4847 |
criminal proceedings; | 4848 |
(10) Any information concerning a victim of domestic | 4849 |
violence, sexual assault, or stalking; | 4850 |
(11) The electronic mail address of the spouse or family | 4851 |
member of the applicant; | 4852 |
(12) Any trade secret, medical records, and patents or | 4853 |
exclusive licenses; | 4854 |
(13) Security information, including risk prevention plans, | 4855 |
detection and countermeasures, location of count rooms or other | 4856 |
money storage areas, emergency management plans, security and | 4857 |
surveillance plans, equipment and usage protocols, and theft and | 4858 |
fraud prevention plans and countermeasures. | 4859 |
(B) The individual's name, the individual's place of | 4860 |
employment, the individual's job title, and the individual's | 4861 |
gaming experience that is provided for an individual who holds, | 4862 |
held, or has applied for a video lottery related license under | 4863 |
this chapter is not confidential. The reason for denial or | 4864 |
revocation of a video lottery related license or for disciplinary | 4865 |
action against the individual is not confidential. | 4866 |
(C) An individual who holds, held, or has applied for a video | 4867 |
lottery related license under this chapter may waive the | 4868 |
confidentiality requirements of division (A) of this section. | 4869 |
(D) Confidential information received by the commission from | 4870 |
another jurisdiction relating to a person who holds, held, or has | 4871 |
applied for a license under this chapter is confidential and not | 4872 |
subject to disclosure as a public record under section 149.43 of | 4873 |
the Revised Code. The commission may share the information | 4874 |
referenced in this division with, or disclose the information to, | 4875 |
the inspector general, any appropriate prosecuting authority, any | 4876 |
law enforcement agency, or any other appropriate governmental or | 4877 |
licensing agency, if the agency that receives the information | 4878 |
complies with the same requirements regarding confidentiality as | 4879 |
those with which the commission must comply. | 4880 |
Sec. 3772.01. As used in this chapter: | 4881 |
(A) "Applicant" means any person who applies to the | 4882 |
commission for a license under this chapter. | 4883 |
(B) "Casino control commission fund" means the casino control | 4884 |
commission fund described in Section 6(C)(3)(d) of Article XV, | 4885 |
Ohio Constitution, the money in which shall be used to fund the | 4886 |
commission and its related affairs. | 4887 |
(C) "Casino facility" means a casino facility as defined in | 4888 |
Section 6(C)(9) of Article XV, Ohio Constitution. | 4889 |
(D) "Casino game" means any slot machine or table game as | 4890 |
defined in this chapter. | 4891 |
(E) "Casino gaming" means any type of slot machine or table | 4892 |
game wagering, using money, casino credit, or any representative | 4893 |
of value, authorized in any of the states of Indiana, Michigan, | 4894 |
Pennsylvania, and West Virginia as of January 1, 2009, and | 4895 |
includes slot machine and table game wagering subsequently | 4896 |
authorized by, but shall not be limited by, subsequent | 4897 |
restrictions placed on such wagering in such states. "Casino | 4898 |
gaming" does not include bingo, as authorized in Section 6 of | 4899 |
Article XV, Ohio Constitution and conducted as of January 1, 2009, | 4900 |
or horse racing where the pari-mutuel system of wagering is | 4901 |
conducted, as authorized under the laws of this state as of | 4902 |
January 1, 2009. | 4903 |
| 4904 |
casino operator or management company, but not a key employee, and | 4905 |
as further defined in section 3772.131 of the Revised Code. | 4906 |
| 4907 |
corporation, partnership, limited partnership, association, | 4908 |
limited liability company, or other business enterprise that | 4909 |
directly or indirectly holds an ownership or leasehold interest in | 4910 |
a casino facility. "Casino operator" does not include an agency of | 4911 |
the state, any political subdivision of the state, any person, | 4912 |
trust, corporation, partnership, limited partnership, association, | 4913 |
limited liability company, or other business enterprise that may | 4914 |
have an interest in a casino facility, but who is legally or | 4915 |
contractually restricted from conducting casino gaming. | 4916 |
| 4917 |
the following functions related to casino gaming equipment used in | 4918 |
connection with casino gaming authorized under this chapter: | 4919 |
security, auditing, data and information retrieval, and other | 4920 |
purposes deemed necessary and authorized by the commission. | 4921 |
| 4922 |
the element of chance, the operation of a machine used in a casino | 4923 |
game, or the method of selection of criteria that determines (a) | 4924 |
the result of the casino game, (b) the amount or frequency of | 4925 |
payment in a casino game, (c) the value of a wagering instrument, | 4926 |
or (d) the value of a wagering credit. | 4927 |
(J) "Commission" means the Ohio casino control commission. | 4928 |
| 4929 |
commission that is vested with duties to enforce this chapter and | 4930 |
conduct other investigations into the conduct of the casino gaming | 4931 |
and the maintenance of the equipment that the commission considers | 4932 |
necessary and proper and is in compliance with section 109.77 of | 4933 |
the Revised Code. | 4934 |
| 4935 |
partnership, corporation, association, trust, or any other group | 4936 |
of individuals, however organized, who supplies gaming-related | 4937 |
equipment, goods, or services to a casino operator or management | 4938 |
company, that are directly related to or affect casino gaming | 4939 |
authorized under this chapter, including, but not limited to, the | 4940 |
manufacture, sale, distribution, or repair of slot machines and | 4941 |
table game equipment. | 4942 |
| 4943 |
partnership, limited partnership, limited liability company, | 4944 |
trust, or other form of business organization not a natural person | 4945 |
which directly or indirectly | 4946 |
(1) Has the power or right to control | 4947 |
4948 | |
company, or gaming-related vendor license applicant or licensee; | 4949 |
(2) Holds an ownership interest of five per cent or more, as | 4950 |
determined by the commission, in a casino operator, management | 4951 |
company, or gaming-related vendor license applicant or licensee; | 4952 |
(3) Holds voting rights with the power to vote five per cent | 4953 |
or more of the outstanding voting rights of a casino operator, | 4954 |
management company, or gaming-related vendor applicant or | 4955 |
licensee. | 4956 |
| 4957 |
demolition, engineering, architecture, design, site preparation, | 4958 |
construction, infrastructure improvements, land acquisition, | 4959 |
fixtures and equipment, insurance related to construction, and | 4960 |
leasehold improvements. | 4961 |
| 4962 |
entities owning | 4963 |
4964 | |
4965 | |
fifteen per cent, of an ownership interest in a casino facility, | 4966 |
casino operator, management company, or holding company: a | 4967 |
corporation, bank, insurance company, pension fund or pension fund | 4968 |
trust, retirement fund, including funds administered by a public | 4969 |
agency, employees' profit-sharing fund or employees' | 4970 |
profit-sharing trust, any association engaged, as a substantial | 4971 |
part of its business or operations, in purchasing or holding | 4972 |
securities, including a hedge fund, mutual fund, or private equity | 4973 |
fund, or any trust in respect of which a bank is trustee or | 4974 |
cotrustee, investment company registered under the "Investment | 4975 |
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective | 4976 |
investment trust organized by banks under Part Nine of the Rules | 4977 |
of the Comptroller of the Currency, closed-end investment trust, | 4978 |
chartered or licensed life insurance company or property and | 4979 |
casualty insurance company, investment advisor registered under | 4980 |
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq., | 4981 |
and such other persons as the commission may reasonably determine | 4982 |
to qualify as an institutional investor for reasons consistent | 4983 |
with this chapter, and that does not exercise control over the | 4984 |
affairs of a licensee and its ownership interest in a licensee is | 4985 |
for investment purposes only, as set forth in division (E) of | 4986 |
section 3772.10 of the Revised Code. | 4987 |
| 4988 |
of a casino operator or management company licensee having the | 4989 |
power to exercise significant influence over decisions concerning | 4990 |
any part of the operation of such licensee, including: | 4991 |
(1) An officer, director, trustee, or partner of a person | 4992 |
that has applied for or holds a casino operator, management | 4993 |
company, or gaming-related vendor license or of a holding company | 4994 |
that has control of a person that has applied for or holds a | 4995 |
casino operator, management company, or gaming-related vendor | 4996 |
license; | 4997 |
(2) A person that holds a direct or indirect ownership | 4998 |
interest of more than one per cent in a person that has applied | 4999 |
for or holds a casino operator, management company, or | 5000 |
gaming-related vendor license or holding company that has control | 5001 |
of a person that has applied for or holds a casino operator, | 5002 |
management company, or gaming-related vendor license; | 5003 |
(3) A managerial employee of a person that has applied for or | 5004 |
holds a casino operator or gaming-related vendor license in Ohio, | 5005 |
or a managerial employee of a holding company that has control of | 5006 |
a person that has applied for or holds a casino operator or | 5007 |
gaming-related vendor license in Ohio, who performs the function | 5008 |
of principal executive officer, principal operating officer, | 5009 |
principal accounting officer, or an equivalent officer or other | 5010 |
person the commission determines to have the power to exercise | 5011 |
significant influence over decisions concerning any part of the | 5012 |
operation of such licensee. | 5013 |
The commission shall determine whether an individual whose | 5014 |
duties or status varies from those described in this division also | 5015 |
is considered a key employee. | 5016 |
| 5017 |
that has been issued a license by the commission and that has been | 5018 |
certified annually by the commission to have paid all applicable | 5019 |
fees, taxes, and debts to the state. | 5020 |
| 5021 |
casino facility, as the case may be, means ownership of more than | 5022 |
fifty per cent of such license or casino facility, as the case may | 5023 |
be. For purposes of the foregoing, whether a majority ownership | 5024 |
interest is held in a license or in a casino facility, as the case | 5025 |
may be, shall be determined under the rules for constructive | 5026 |
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as | 5027 |
in effect on January 1, 2009. | 5028 |
| 5029 |
a casino operator to manage a casino facility and provide services | 5030 |
such as accounting, general administration, maintenance, | 5031 |
recruitment, and other operational services. | 5032 |
| 5033 |
law enforcement training fund described in Section 6(C)(3)(f) of | 5034 |
Article XV, Ohio Constitution, the money in which shall be used to | 5035 |
enhance public safety by providing additional training | 5036 |
opportunities to the law enforcement community. | 5037 |
| 5038 |
individual or a combination of individuals; a sole proprietorship, | 5039 |
a firm, a company, a joint venture, a partnership of any type, a | 5040 |
joint-stock company, a corporation of any type, a corporate | 5041 |
subsidiary of any type, a limited liability company, a business | 5042 |
trust, or any other business entity or organization; an assignee; | 5043 |
a receiver; a trustee in bankruptcy; an unincorporated | 5044 |
association, club, society, or other unincorporated entity or | 5045 |
organization; entities that are disregarded for federal income tax | 5046 |
purposes; and any other nongovernmental, artificial, legal entity | 5047 |
that is capable of engaging in business. | 5048 |
| 5049 |
the state problem gambling and addictions fund described in | 5050 |
Section 6(C)(3)(g) of Article XV, Ohio Constitution, the money in | 5051 |
which shall be used for treatment of problem gambling and | 5052 |
substance abuse, and for related research. | 5053 |
| 5054 |
table game credit, discount, or other similar item issued to a | 5055 |
patron to enable the placement of, or increase in, a wager at a | 5056 |
slot machine or table game. | 5057 |
| 5058 |
other device or machine which, upon insertion of a coin, token, | 5059 |
ticket, or similar object, or upon payment of any consideration, | 5060 |
is available to play or operate, the play or operation of which, | 5061 |
whether by reason of the skill of the operator or application of | 5062 |
the element of chance, or both, makes individual prize | 5063 |
determinations for individual participants in cash, premiums, | 5064 |
merchandise, tokens, or any thing of value, whether the payoff is | 5065 |
made automatically from the machine or in any other manner, but | 5066 |
does not include any device that is a skill-based amusement | 5067 |
machine, as defined in section 2915.01 of the Revised Code. | 5068 |
| 5069 |
or any mechanical, electromechanical, or electronic device or | 5070 |
machine for money, casino credit, or any representative of value. | 5071 |
"Table game" does not include slot machines. | 5072 |
| 5073 |
issued to a casino operator. | 5074 |
| 5075 |
provided by the commission that allows persons to voluntarily | 5076 |
exclude themselves from the gaming areas of facilities under the | 5077 |
jurisdiction of the commission by placing their name on a | 5078 |
voluntary exclusion list and following the procedures set forth by | 5079 |
the commission. | 5080 |
Sec. 3772.03. (A) To ensure the integrity of casino gaming, | 5081 |
the commission shall have authority to complete the functions of | 5082 |
licensing, regulating, investigating, and penalizing casino | 5083 |
operators, management companies, holding companies, key employees, | 5084 |
casino gaming employees, and gaming-related vendors. The | 5085 |
commission also shall have jurisdiction over all persons | 5086 |
participating in casino gaming authorized by Section 6(C) of | 5087 |
Article XV, Ohio Constitution, and this chapter. | 5088 |
(B) All rules adopted by the commission under this chapter | 5089 |
shall be adopted under procedures established in Chapter 119. of | 5090 |
the Revised Code. The commission may contract for the services of | 5091 |
experts and consultants to assist the commission in carrying out | 5092 |
its duties under this section. | 5093 |
(C) Within six months of | 5094 |
September 10, 2010, the commission shall adopt initial rules as | 5095 |
are necessary for completing the functions stated in division (A) | 5096 |
of this section and for addressing the subjects enumerated in | 5097 |
division (D) of this section. | 5098 |
(D) The commission shall adopt, and as advisable and | 5099 |
necessary shall amend or repeal, rules that include all of the | 5100 |
following: | 5101 |
(1) The prevention of practices detrimental to the public | 5102 |
interest; | 5103 |
(2) Prescribing the method of applying, and the form of | 5104 |
application, that an applicant for a license under this chapter | 5105 |
must follow as otherwise described in this chapter; | 5106 |
(3) Prescribing the information to be furnished by an | 5107 |
applicant or licensee as described in section 3772.11 of the | 5108 |
Revised Code; | 5109 |
(4) Describing the certification standards and duties of an | 5110 |
independent testing laboratory certified under section 3772.31 of | 5111 |
the Revised Code and the relationship between the commission, the | 5112 |
laboratory, the gaming-related vendor, and the casino operator; | 5113 |
(5) The minimum amount of insurance that must be maintained | 5114 |
by a casino operator, management company, holding company, or | 5115 |
gaming-related vendor; | 5116 |
(6) The approval process for a significant change in | 5117 |
ownership or transfer of control of a licensee as provided in | 5118 |
section 3772.091 of the Revised Code; | 5119 |
(7) The design of gaming supplies, devices, and equipment to | 5120 |
be distributed by gaming-related vendors; | 5121 |
(8) Identifying the casino gaming that is permitted, | 5122 |
identifying the gaming supplies, devices, and equipment, that are | 5123 |
permitted, defining the area in which the permitted casino gaming | 5124 |
may be conducted, and specifying the method of operation according | 5125 |
to which the permitted casino gaming is to be conducted as | 5126 |
provided in section 3772.20 of the Revised Code, and requiring | 5127 |
gaming devices and equipment to meet the standards of this state; | 5128 |
(9) Tournament play in any casino facility; | 5129 |
(10) Establishing and implementing a voluntary exclusion | 5130 |
program that provides all of the following: | 5131 |
(a) Except as provided by commission rule, a person who | 5132 |
participates in the program shall agree to refrain from entering a | 5133 |
casino facility. | 5134 |
(b) The name of a person participating in the program shall | 5135 |
be included on a list of persons excluded from all casino | 5136 |
facilities. | 5137 |
(c) Except as provided by commission rule, no person who | 5138 |
participates in the program shall petition the commission for | 5139 |
admittance into a casino facility. | 5140 |
(d) The list of persons participating in the program and the | 5141 |
personal information of those persons shall be confidential and | 5142 |
shall only be disseminated by the commission to a casino operator | 5143 |
and the agents and employees of the casino operator for purposes | 5144 |
of enforcement and to other entities, upon request of the | 5145 |
participant and agreement by the commission. | 5146 |
(e) A casino operator shall make all reasonable attempts as | 5147 |
determined by the commission to cease all direct marketing efforts | 5148 |
to a person participating in the program. | 5149 |
(f) A casino operator shall not cash the check of a person | 5150 |
participating in the program or extend credit to the person in any | 5151 |
manner. However, the program shall not exclude a casino operator | 5152 |
from seeking the payment of a debt accrued by a person before | 5153 |
participating in the program. | 5154 |
(g) Any and all locations at which a person may register as a | 5155 |
participant in the program shall be published. | 5156 |
(11) Requiring the commission to adopt standards regarding | 5157 |
the marketing materials of a licensed casino operator, including | 5158 |
allowing the commission to prohibit marketing materials that are | 5159 |
contrary to the adopted standards; | 5160 |
(12) Requiring that the records, including financial | 5161 |
statements, of any casino operator, management company, holding | 5162 |
company, and gaming-related vendor be maintained in the manner | 5163 |
prescribed by the commission and made available for inspection | 5164 |
upon demand by the commission, but shall be subject to section | 5165 |
3772.16 of the Revised Code; | 5166 |
(13) Permitting a licensed casino operator, management | 5167 |
company, key employee, or casino gaming employee to question a | 5168 |
person suspected of violating this chapter; | 5169 |
(14) The chips, tokens, tickets, electronic cards, or similar | 5170 |
objects that may be purchased by means of an agreement under which | 5171 |
credit is extended to a wagerer by a casino operator; | 5172 |
(15) Establishing standards for provisional key employee | 5173 |
licenses for a person who is required to be licensed as a key | 5174 |
employee and is in exigent circumstances and standards for | 5175 |
provisional licenses for casino gaming employees who submit | 5176 |
complete applications and are compliant under an instant | 5177 |
background check. A provisional license shall be valid not longer | 5178 |
than three months. A provisional license may be renewed one time, | 5179 |
at the commission's discretion, for an additional three months. In | 5180 |
establishing standards with regard to instant background checks | 5181 |
the commission shall take notice of criminal records checks as | 5182 |
they are conducted under section 311.41 of the Revised Code using | 5183 |
electronic fingerprint reading devices. | 5184 |
(16) Establishing approval procedures for third-party | 5185 |
engineering or accounting firms, as described in section 3772.09 | 5186 |
of the Revised Code; | 5187 |
(17) Prescribing the manner in which winnings, compensation | 5188 |
from casino gaming, and gross revenue must be computed and | 5189 |
reported by a licensee as described in Chapter 5753. of the | 5190 |
Revised Code; | 5191 |
(18) Prescribing conditions under which a licensee's license | 5192 |
may be suspended or revoked as described in section 3772.04 of the | 5193 |
Revised Code; | 5194 |
(19) Prescribing the manner and procedure of all hearings to | 5195 |
be conducted by the commission or by any hearing examiner; | 5196 |
(20) Prescribing technical standards and requirements that | 5197 |
are to be met by security and surveillance equipment that is used | 5198 |
at and standards and requirements to be met by personnel who are | 5199 |
employed at casino facilities, and standards and requirements for | 5200 |
the provision of security at and surveillance of casino | 5201 |
facilities; | 5202 |
(21) Prescribing requirements for a casino operator to | 5203 |
provide unarmed security services at a casino facility by licensed | 5204 |
casino employees, and the training that shall be completed by | 5205 |
these employees; | 5206 |
(22) Prescribing standards according to which casino | 5207 |
operators shall keep accounts and standards according to which | 5208 |
casino accounts shall be audited, and establish means of assisting | 5209 |
the tax commissioner in levying and collecting the gross casino | 5210 |
revenue tax levied under section 5753.02 of the Revised Code; | 5211 |
(23) Defining penalties for violation of commission rules and | 5212 |
a process for imposing such penalties subject to the review of the | 5213 |
joint committee on gaming and wagering; | 5214 |
(24) Establishing standards for decertifying contractors that | 5215 |
violate statutes or rules of this state or the federal government; | 5216 |
(25) Establishing standards for the repair of casino gaming | 5217 |
equipment; | 5218 |
(26) Establishing procedures to ensure that casino operators, | 5219 |
management companies, and holding companies are compliant with the | 5220 |
compulsive and problem gambling plan submitted under section | 5221 |
3772.18 of the Revised Code; | 5222 |
(27) Providing for any other thing necessary and proper for | 5223 |
successful and efficient regulation of casino gaming under this | 5224 |
chapter. | 5225 |
(E) The commission shall employ and assign gaming agents as | 5226 |
necessary to assist the commission in carrying out the duties of | 5227 |
this chapter. In order to maintain employment as a gaming agent, | 5228 |
the gaming agent shall successfully complete all continuing | 5229 |
training programs required by the commission and shall not have | 5230 |
been convicted of or pleaded guilty or no contest to a | 5231 |
disqualifying offense as defined in section 3772.07 of the Revised | 5232 |
Code. | 5233 |
(F) The commission, as a law enforcement agency, and its | 5234 |
gaming agents, as law enforcement officers as defined in section | 5235 |
2901.01 of the Revised Code, shall have authority with regard to | 5236 |
the detection and investigation of, the seizure of evidence | 5237 |
allegedly relating to, and the apprehension and arrest of persons | 5238 |
allegedly committing gaming offenses, and shall have access to | 5239 |
casino facilities to carry out the requirements of this chapter. | 5240 |
(G) The commission may eject or exclude or authorize the | 5241 |
ejection or exclusion of and a gaming agent may eject a person | 5242 |
from a casino facility for any of the following reasons: | 5243 |
(1) The person's name is on the list of persons voluntarily | 5244 |
excluding themselves from all casinos in a program established | 5245 |
according to rules adopted by the commission; | 5246 |
(2) The person violates or conspires to violate this chapter | 5247 |
or a rule adopted thereunder; or | 5248 |
(3) The commission determines that the person's conduct or | 5249 |
reputation is such that the person's presence within a casino | 5250 |
facility may call into question the honesty and integrity of the | 5251 |
casino gaming operations or interfere with the orderly conduct of | 5252 |
the casino gaming operations. | 5253 |
(H) A person, other than a person participating in a | 5254 |
voluntary exclusion program, may petition the commission for a | 5255 |
public hearing on the person's ejection or exclusion under this | 5256 |
chapter. | 5257 |
(I) A casino operator or management company shall have the | 5258 |
same authority to eject or exclude a person from the management | 5259 |
company's casino facilities as authorized in division (G) of this | 5260 |
section. The licensee shall immediately notify the commission of | 5261 |
an ejection or exclusion. | 5262 |
(J) The commission shall submit a written annual report with | 5263 |
the governor, president and minority leader of the senate, speaker | 5264 |
and minority leader of the house of representatives, and joint | 5265 |
committee on gaming and wagering before the first day of September | 5266 |
each year. The annual report shall include a statement describing | 5267 |
the receipts and disbursements of the commission, relevant | 5268 |
financial data regarding casino gaming, including gross revenues | 5269 |
and disbursements made under this chapter, actions taken by the | 5270 |
commission, an update on casino operators', management companies', | 5271 |
and holding companies' compulsive and problem gambling plans and | 5272 |
the voluntary exclusion program and list, and any additional | 5273 |
information that the commission considers useful or that the | 5274 |
governor, president or minority leader of the senate, speaker or | 5275 |
minority leader of the house of representatives, or joint | 5276 |
committee on gaming and wagering requests. | 5277 |
(K) Notwithstanding any law to the contrary, beginning on | 5278 |
July 1, 2011, the commission shall assume jurisdiction over and | 5279 |
oversee the regulation of skill-based amusement machines as is | 5280 |
provided in the law of this state. | 5281 |
Sec. 3772.04. (A)(1) If | 5282 |
the commission concludes that a license | 5283 |
this chapter should be limited, conditioned, | 5284 |
suspended, | 5285 |
5286 | |
shall, conduct a hearing in an adjudication under Chapter 119. of | 5287 |
the Revised Code. After notice and opportunity for a hearing, the | 5288 |
commission may limit, condition, restrict, suspend, revoke, deny, | 5289 |
or not renew a license under rules adopted by the commission. The | 5290 |
commission may reopen a licensing adjudication at any time. | 5291 |
(2) The commission shall appoint a hearing examiner to | 5292 |
conduct the hearing in the adjudication. A party to the | 5293 |
adjudication may file written objections to the hearing examiner's | 5294 |
report and recommendations not later than the thirtieth day after | 5295 |
they are served upon the party or the party's attorney or other | 5296 |
representative of record. The commission shall not take up the | 5297 |
hearing examiner's report and recommendations earlier than the | 5298 |
thirtieth day after the hearing examiner's report and | 5299 |
recommendations were submitted to the commission. | 5300 |
(3) If the commission finds that a person fails or has failed | 5301 |
to meet any requirement under this chapter or a rule adopted | 5302 |
thereunder, or violates or has violated this chapter or a rule | 5303 |
adopted thereunder, the commission may issue an order: | 5304 |
(a) Limiting, conditioning, | 5305 |
revoking, denying, or not renewing, a license issued under this | 5306 |
chapter; | 5307 |
(b) | 5308 |
5309 |
| 5310 |
the casino facility or requiring a casino facility not to pay to | 5311 |
the licensee any remuneration for services or any share of | 5312 |
profits, income, or accruals on the licensee's investment in the | 5313 |
casino facility; or | 5314 |
| 5315 |
penalties adopted by the commission. | 5316 |
(4) An order may be judicially reviewed under section 119.12 | 5317 |
of the Revised Code. | 5318 |
(B) Without in any manner limiting the authority of the | 5319 |
commission to impose the level and type of discipline the | 5320 |
commission considers appropriate, the commission may take into | 5321 |
consideration the following: | 5322 |
(1) If the licensee knew or reasonably should have known that | 5323 |
the action complained of was a violation of any law, rule, or | 5324 |
condition on the licensee's license; | 5325 |
(2) If the licensee has previously been disciplined by the | 5326 |
commission; | 5327 |
(3) If the licensee has previously been subject to discipline | 5328 |
by the commission concerning the violation of any law, rule, or | 5329 |
condition of the licensee's license; | 5330 |
(4) If the licensee reasonably relied upon professional | 5331 |
advice from a lawyer, doctor, accountant, or other recognized | 5332 |
professional that was relevant to the action resulting in the | 5333 |
violation; | 5334 |
(5) If the licensee or the licensee's employer had a | 5335 |
reasonably constituted and functioning compliance program; | 5336 |
(6) If the imposition of a condition requiring the licensee | 5337 |
to establish and implement a written self-enforcement and | 5338 |
compliance program would assist in ensuring the licensee's future | 5339 |
compliance with all statutes, rules, and conditions of the | 5340 |
license; | 5341 |
(7) If the licensee realized a pecuniary gain from the | 5342 |
violation; | 5343 |
(8) If the amount of any fine or other penalty imposed would | 5344 |
result in disgorgement of any gains unlawfully realized by the | 5345 |
licensee; | 5346 |
(9) If the violation was caused by an officer or employee of | 5347 |
the licensee, the level of authority of the individual who caused | 5348 |
the violation; | 5349 |
(10) If the individual who caused the violation acted within | 5350 |
the scope of the individual's authority as granted by the | 5351 |
licensee; | 5352 |
(11) The adequacy of any training programs offered by the | 5353 |
licensee or the licensee's employer that were relevant to the | 5354 |
activity that resulted in the violation; | 5355 |
(12) If the licensee's action substantially deviated from | 5356 |
industry standards and customs; | 5357 |
(13) The extent to which the licensee cooperated with the | 5358 |
commission during the investigation of the violation; | 5359 |
(14) If the licensee has initiated remedial measures to | 5360 |
prevent similar violations; | 5361 |
(15) The magnitude of penalties imposed on other licensees | 5362 |
for similar violations; | 5363 |
(16) The proportionality of the penalty in relation to the | 5364 |
misconduct; | 5365 |
(17) The extent to which the amount of any fine imposed would | 5366 |
punish the licensee for the conduct and deter future violations; | 5367 |
(18) Any mitigating factors offered by the licensee; and | 5368 |
(19) Any other factors the commission considers relevant. | 5369 |
(C) For the purpose of conducting any study or investigation, | 5370 |
the commission may direct that public hearings be held at a time | 5371 |
and place, prescribed by the commission, in accordance with | 5372 |
section 121.22 of the Revised Code. The commission shall give | 5373 |
notice of all public hearings in such manner as will give actual | 5374 |
notice to all interested parties. | 5375 |
| 5376 |
adjudication under division (A) of this section, or in the | 5377 |
discharge of any duties imposed by this chapter, the commission | 5378 |
may require that testimony be given under oath and administer such | 5379 |
oath, issue subpoenas compelling the attendance of witnesses and | 5380 |
the production of any papers, books, and accounts, directed to the | 5381 |
sheriffs of the counties where such witnesses or papers, books, | 5382 |
and accounts are found and cause the deposition of any witness. | 5383 |
The subpoenas shall be served and returned in the same manner as | 5384 |
subpoenas in criminal cases are served and returned. The fees of | 5385 |
sheriffs shall be the same as those allowed by the court of common | 5386 |
pleas in criminal cases. | 5387 |
(2) In the event of the refusal of any person without good | 5388 |
cause to comply with the terms of a subpoena issued by the | 5389 |
commission or refusal to testify on matters about which the person | 5390 |
may lawfully be questioned, the prosecuting attorney of the county | 5391 |
in which such person resides, upon the petition of the commission, | 5392 |
may bring a proceeding for contempt against such person in the | 5393 |
court of common pleas of that county. | 5394 |
(3) Witnesses shall be paid the fees and mileage provided for | 5395 |
in section 119.094 of the Revised Code. | 5396 |
(4) All fees and mileage expenses incurred at the request of | 5397 |
a party shall be paid in advance by the party. | 5398 |
| 5399 |
not limit the number of speakers who may testify. However, the | 5400 |
commission may set reasonable time limits on the length of an | 5401 |
individual's testimony or the total amount of time allotted to | 5402 |
proponents and opponents of an issue before the commission. | 5403 |
| 5404 |
5405 | |
5406 |
(F) The commission may rely, in whole or in part, upon | 5407 |
investigations, conclusions, or findings of other casino gaming | 5408 |
commissions or other government regulatory bodies in connection | 5409 |
with licensing, investigations, or other matters relating to an | 5410 |
applicant or licensee under this chapter. | 5411 |
Sec. 3772.091. (A) | 5412 |
this chapter is transferable subject to approval by the | 5413 |
commission. | 5414 |
transfer of control of a casino operator shall require | 5415 |
5416 | |
5417 | |
of control of a casino operator, as determined by the commission, | 5418 |
shall require the filing of an application for | 5419 |
the casino operator license and submission of | 5420 |
application fee with the commission before any such change or | 5421 |
transfer of control | 5422 |
5423 | |
5424 | |
may assess an applicant a reasonable fee in the amount necessary | 5425 |
to review the application for the transfer of a casino operator | 5426 |
license to the applicant. In determining whether to approve the | 5427 |
transfer of a casino operator license to the applicant, the | 5428 |
commission shall consider all the factors established in Chapter | 5429 |
3772. of the Revised Code that pertain to the granting of a casino | 5430 |
operator license. The commission may reopen a licensing | 5431 |
investigation at any time. | 5432 |
(B) As used in this section, "control" means either of the | 5433 |
following: | 5434 |
(1) Either: | 5435 |
(a) Holding | 5436 |
voting securities of a licensee; or | 5437 |
(b) For an unincorporated licensee, having the right to | 5438 |
thirty per cent or more of the profits of the licensee, or having | 5439 |
the right in the event of dissolution to | 5440 |
more of the assets of the licensee. | 5441 |
(2) Having the contractual power presently to designate | 5442 |
thirty per cent or more of the directors of a for-profit or | 5443 |
not-for-profit corporation, or in the case of trusts described in | 5444 |
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such | 5445 |
a trust. | 5446 |
Sec. 3772.10. (A) In determining whether to grant or maintain | 5447 |
the privilege of a casino operator, management company, holding | 5448 |
company, key employee, casino gaming employee, or gaming-related | 5449 |
vendor license, the Ohio casino control commission shall consider | 5450 |
all of the following, as applicable: | 5451 |
(1) The reputation, experience, and financial integrity of | 5452 |
the applicant, its holding company, if applicable, and any other | 5453 |
person that directly or indirectly controls the applicant; | 5454 |
(2) The financial ability of the applicant to purchase and | 5455 |
maintain adequate liability and casualty insurance and to provide | 5456 |
an adequate surety bond; | 5457 |
(3) The past and present compliance of the applicant and its | 5458 |
affiliates or affiliated companies with casino-related licensing | 5459 |
requirements in this state or any other jurisdiction, including | 5460 |
whether the applicant has a history of noncompliance with the | 5461 |
casino licensing requirements of any jurisdiction; | 5462 |
(4) If the applicant has been indicted, convicted, pleaded | 5463 |
guilty or no contest, or forfeited bail concerning any criminal | 5464 |
offense under the laws of any jurisdiction, either felony or | 5465 |
misdemeanor, not including traffic violations; | 5466 |
(5) If the applicant has filed, or had filed against it a | 5467 |
proceeding for bankruptcy or has ever been involved in any formal | 5468 |
process to adjust, defer, suspend, or otherwise work out the | 5469 |
payment of any debt; | 5470 |
(6) If the applicant has been served with a complaint or | 5471 |
other notice filed with any public body regarding a payment of any | 5472 |
tax required under federal, state, or local law that has been | 5473 |
delinquent for one or more years; | 5474 |
(7) If the applicant is or has been a defendant in litigation | 5475 |
involving its business practices; | 5476 |
(8) If awarding a license would undermine the public's | 5477 |
confidence in the casino gaming industry in this state; | 5478 |
(9) If the applicant meets other standards for the issuance | 5479 |
of a license that the commission adopts by rule, which shall not | 5480 |
be arbitrary, capricious, or contradictory to the expressed | 5481 |
provisions of this chapter. | 5482 |
(B) All applicants for a license under this chapter shall | 5483 |
establish their suitability for a license by clear and convincing | 5484 |
evidence. If the commission determines that a person is eligible | 5485 |
under this chapter to be issued a license as a casino operator, | 5486 |
management company, holding company, key employee, casino gaming | 5487 |
employee, or gaming-related vendor, the commission shall issue | 5488 |
such license for not more than three years, as determined by | 5489 |
commission rule, if all other requirements of this chapter have | 5490 |
been satisfied. | 5491 |
(C) The commission shall not issue a casino operator, | 5492 |
management company, holding company, key employee, casino gaming | 5493 |
employee, or gaming-related vendor license under this chapter to | 5494 |
an applicant if: | 5495 |
(1) The applicant has been convicted of a disqualifying | 5496 |
offense, as defined in section 3772.07 of the Revised Code. | 5497 |
(2) The applicant has submitted an application for license | 5498 |
under this chapter that contains false information. | 5499 |
(3) The applicant is a commission member. | 5500 |
(4) The applicant owns an ownership interest that is unlawful | 5501 |
under this chapter, unless waived by the commission. | 5502 |
(5) The applicant violates specific rules adopted by the | 5503 |
commission related to denial of licensure. | 5504 |
(6) The applicant is a member of or employed by a gaming | 5505 |
regulatory body of a governmental unit in this state, another | 5506 |
state, or the federal government, or is employed by a governmental | 5507 |
unit of this state. This division does not prohibit a casino | 5508 |
operator from hiring special duty law enforcement officers if the | 5509 |
officers are not specifically involved in gaming-related | 5510 |
regulatory functions. | 5511 |
(7) The commission otherwise determines the applicant is | 5512 |
ineligible for the license. | 5513 |
(D)(1) The commission shall investigate the qualifications of | 5514 |
each applicant under this chapter before any license is issued and | 5515 |
before any finding with regard to acts or transactions for which | 5516 |
commission approval is required is made. The commission shall | 5517 |
continue to observe the conduct of all licensees and all other | 5518 |
persons having a material involvement directly or indirectly with | 5519 |
a casino operator, management company, or holding company to | 5520 |
ensure that licenses are not issued to or held by, or that there | 5521 |
is not any material involvement with a casino operator, management | 5522 |
company, or holding company by, an unqualified, disqualified, or | 5523 |
unsuitable person or a person whose operations are conducted in an | 5524 |
unsuitable manner or in unsuitable or prohibited places or | 5525 |
locations. | 5526 |
(2) The executive director may recommend to the commission | 5527 |
that it deny any application, or limit, condition, or restrict, or | 5528 |
suspend or revoke, any license or finding, or impose any fine upon | 5529 |
any licensee or other person according to this chapter and the | 5530 |
rules adopted thereunder. | 5531 |
(3) A license issued under this chapter is a revocable | 5532 |
privilege. No licensee has a vested right in or under any license | 5533 |
issued under this chapter. The initial determination of the | 5534 |
commission to deny, or to limit, condition, or restrict, a license | 5535 |
may be appealed under section 2505.03 of the Revised Code. | 5536 |
(E)(1) An institutional investor | 5537 |
found to be suitable or qualified by the commission under this | 5538 |
chapter and the rules adopted under this chapter. An institutional | 5539 |
investor shall be presumed suitable or qualified upon submitting | 5540 |
documentation sufficient to establish qualifications as an | 5541 |
institutional investor and upon certifying all of the following: | 5542 |
(a) The institutional investor owns, holds, or controls | 5543 |
5544 | |
intermediate, or parent company of a licensee or in the ordinary | 5545 |
course of business for investment purposes only. | 5546 |
(b) The institutional investor does not exercise influence | 5547 |
over the affairs of the issuer of such securities nor over any | 5548 |
licensed subsidiary of the issuer of such securities. | 5549 |
(c) The institutional investor does not intend to exercise | 5550 |
influence over the affairs of the issuer of such securities, nor | 5551 |
over any licensed subsidiary of the issuer of such securities, in | 5552 |
the future, and that it agrees to notify the commission in writing | 5553 |
within thirty days if such intent changes. | 5554 |
(2) The exercise of voting privileges with regard to | 5555 |
5556 | |
of influence over the affairs of a licensee. | 5557 |
(3) The commission shall rescind the presumption of | 5558 |
suitability for an institutional investor at any time if the | 5559 |
institutional investor exercises or intends to exercise influence | 5560 |
or control over the affairs of the licensee. | 5561 |
(4) This division shall not be construed to preclude the | 5562 |
commission from requesting information from or investigating the | 5563 |
suitability or qualifications of an institutional investor if | 5564 |
(a) The commission becomes aware of facts or information that | 5565 |
may result in the institutional investor being found unsuitable or | 5566 |
disqualified; or | 5567 |
(b) The commission has any other reason to seek information | 5568 |
from the investor to determine whether it qualifies as an | 5569 |
institutional investor. | 5570 |
(5) If the commission finds an institutional investor to be | 5571 |
unsuitable or unqualified, the commission shall so notify the | 5572 |
investor and the casino operator, holding company, management | 5573 |
company, or gaming-related vendor licensee in which the investor | 5574 |
invested. The commission shall allow the investor and the licensee | 5575 |
a reasonable amount of time, as specified by the commission on a | 5576 |
case-by-case basis, to cure the conditions that caused the | 5577 |
commission to find the investor unsuitable or unqualified. If | 5578 |
during the specified period of time the investor or the licensee | 5579 |
does not or cannot cure the conditions that caused the commission | 5580 |
to find the investor unsuitable or unqualified, the commission may | 5581 |
allow the investor or licensee more time to cure the conditions or | 5582 |
the commission may begin proceedings to deny, suspend, or revoke | 5583 |
the license of the casino operator, holding company, management | 5584 |
company, or gaming-related vendor in which the investor invested | 5585 |
or to deny any of the same the renewal of any such license. | 5586 |
(6) A private licensee or holding company shall provide the | 5587 |
same information to the commission as a public company would | 5588 |
provide in a form 13d or form 13g filing to the securities and | 5589 |
exchange commission. | 5590 |
(F) Information provided on the application shall be used as | 5591 |
a basis for a thorough background investigation of each applicant. | 5592 |
A false or incomplete application is cause for denial of a license | 5593 |
by the commission. All applicants and licensees shall consent to | 5594 |
inspections, searches, and seizures and to the disclosure to the | 5595 |
commission and its agents of confidential records, including tax | 5596 |
records, held by any federal, state, or local agency, credit | 5597 |
bureau, or financial institution and to provide handwriting | 5598 |
exemplars, photographs, fingerprints, and information as | 5599 |
authorized in this chapter and in rules adopted by the commission. | 5600 |
Sec. 3772.13. (A) No person may be employed as a key employee | 5601 |
of a casino operator, management company, or holding company | 5602 |
unless the person is the holder of a valid key employee license | 5603 |
issued by the commission. | 5604 |
(B) No person may be employed as a key employee of a | 5605 |
gaming-related vendor unless that person is either the holder of a | 5606 |
valid key employee license issued by the commission, or the | 5607 |
person, at least five business days prior to the first day of | 5608 |
employment as a key employee, has filed a notification of | 5609 |
employment with the commission and subsequently files a completed | 5610 |
application for a key employee license within the first thirty | 5611 |
days of employment as a key employee. | 5612 |
(C) Each applicant shall, before the issuance of any key | 5613 |
employee license, produce information, documentation, and | 5614 |
assurances as are required by this chapter and rules adopted | 5615 |
thereunder. In addition, each applicant shall, in writing, | 5616 |
authorize the examination of all bank accounts and records as may | 5617 |
be deemed necessary by the commission. | 5618 |
| 5619 |
applicant shall be at least twenty-one years of age and shall meet | 5620 |
the criteria set forth by rule by the commission. | 5621 |
| 5622 |
on a form prescribed by the commission and shall contain all | 5623 |
information required by the commission. The applicant shall set | 5624 |
forth in the application if the applicant has been issued prior | 5625 |
gambling-related licenses; if the applicant has been licensed in | 5626 |
any other state under any other name, and, if so, the name under | 5627 |
which the license was issued and the applicant's age at the time | 5628 |
the license was issued; any criminal conviction the applicant has | 5629 |
had; and if a permit or license issued to the applicant in any | 5630 |
other state has been suspended, restricted, or revoked, and, if | 5631 |
so, the cause and the duration of each action. The applicant also | 5632 |
shall complete a cover sheet for the application on which the | 5633 |
applicant shall disclose the applicant's name, the business | 5634 |
address of the casino operator, management company, or holding | 5635 |
company employing the applicant, the business address and | 5636 |
telephone number of such employer, and the county, state, and | 5637 |
country in which the applicant's residence is located. | 5638 |
| 5639 |
a form provided by the commission, two sets of fingerprints and a | 5640 |
photograph. The commission shall charge each applicant an | 5641 |
application fee set by the commission to cover all actual costs | 5642 |
generated by each licensee and all background checks under this | 5643 |
section and section 3772.07 of the Revised Code. | 5644 |
| 5645 |
company by whom a person is employed as a key employee shall | 5646 |
terminate the person's employment in any capacity requiring a | 5647 |
license under this chapter and shall not in any manner permit the | 5648 |
person to exercise a significant influence over the operation of a | 5649 |
casino facility if: | 5650 |
(a) The person does not apply for and receive a key employee | 5651 |
license within three months of being issued a provisional license, | 5652 |
as established under commission rule. | 5653 |
(b) The person's application for a key employee license is | 5654 |
denied by the commission. | 5655 |
(c) The person's key employee license is revoked by the | 5656 |
commission. | 5657 |
The commission shall notify the casino operator, management | 5658 |
company, or holding company who employs such a person by certified | 5659 |
mail of any such finding, denial, or revocation. | 5660 |
(2) A casino operator, management company, or holding company | 5661 |
shall not pay to a person whose employment is terminated under | 5662 |
division | 5663 |
services performed in any capacity in which the person is required | 5664 |
to be licensed, except for amounts due for services rendered | 5665 |
before notice was received under that division. A contract or | 5666 |
other agreement for personal services or for the conduct of any | 5667 |
casino gaming at a casino facility between a casino operator, | 5668 |
management company, or holding company and a person whose | 5669 |
employment is terminated under division | 5670 |
may be terminated by the casino operator, management company, or | 5671 |
holding company without further liability on the part of the | 5672 |
casino operator, management company, or holding company. Any such | 5673 |
contract or other agreement is deemed to include a term | 5674 |
authorizing its termination without further liability on the part | 5675 |
of the casino operator, management company, or holding company | 5676 |
upon receiving notice under division | 5677 |
That a contract or other agreement does not expressly include such | 5678 |
a term is not a defense in any action brought to terminate the | 5679 |
contract or other agreement, and is not grounds for relief in any | 5680 |
action brought questioning termination of the contract or other | 5681 |
agreement. | 5682 |
(3) A casino operator, management company, or holding | 5683 |
company, without having obtained the prior approval of the | 5684 |
commission, shall not enter into any contract or other agreement | 5685 |
with a person who has been found unsuitable, who has been denied a | 5686 |
license, or whose license has been revoked under division | 5687 |
5688 | |
the control of such a person, after the date on which the casino | 5689 |
operator, management company, or holding company receives notice | 5690 |
under that division. | 5691 |
Sec. 3772.16. (A) Any information concerning the following | 5692 |
submitted, collected, or gathered as part of an application to the | 5693 |
commission for a license under this chapter is confidential and | 5694 |
not subject to disclosure by any state agency or political | 5695 |
subdivision as a record under section 149.43 of the Revised Code: | 5696 |
(1) A minor child of an applicant; | 5697 |
(2) The social security number, passport number, or federal | 5698 |
tax identification number of an applicant or the spouse of an | 5699 |
applicant; | 5700 |
(3) The home address and telephone number of an applicant or | 5701 |
the spouse or | 5702 |
(4) An applicant's birth certificate; | 5703 |
(5) The driver's license number of an applicant or the | 5704 |
applicant's spouse; | 5705 |
(6) The name or address of a previous spouse of the | 5706 |
applicant; | 5707 |
(7) The date of birth of the applicant and the spouse of an | 5708 |
applicant; | 5709 |
(8) The place of birth of the applicant and the spouse of an | 5710 |
applicant; | 5711 |
(9) The personal financial information and records of an | 5712 |
applicant or of an employee or the spouse or | 5713 |
of an applicant, including tax returns and information, and | 5714 |
records of criminal proceedings; | 5715 |
(10) Any information concerning a victim of domestic | 5716 |
violence, sexual assault, or stalking; | 5717 |
(11) The electronic mail address of the spouse or family | 5718 |
member of the applicant; | 5719 |
(12) | 5720 |
| 5721 |
exclusive licenses; | 5722 |
(13) Security information, including risk prevention plans, | 5723 |
detection and countermeasures, location of count rooms or other | 5724 |
money storage areas, emergency management plans, security and | 5725 |
surveillance plans, equipment and usage protocols, and theft and | 5726 |
fraud prevention plans and countermeasures; | 5727 |
(14) Information provided in a multijurisdictional personal | 5728 |
history disclosure form, including the Ohio supplement, exhibits, | 5729 |
attachments, and updates. | 5730 |
(B) Notwithstanding any other law, upon written request from | 5731 |
a person, the commission shall provide the following information | 5732 |
to the person except as provided in this chapter: | 5733 |
(1) The information provided under this chapter concerning a | 5734 |
licensee or an applicant; | 5735 |
(2) The amount of the wagering tax and admission tax paid | 5736 |
daily to the state by a licensed applicant or an operating agent; | 5737 |
and | 5738 |
(3) A copy of a letter providing the reasons for the denial | 5739 |
of an applicant's license or an operating agent's contract and a | 5740 |
copy of a letter providing the reasons for the commission's | 5741 |
refusal to allow an applicant to withdraw the applicant's | 5742 |
application, but with confidential information redacted if that | 5743 |
information is the reason for the denial or refusal to withdraw. | 5744 |
(C) | 5745 |
5746 | |
5747 | |
5748 | |
5749 | |
5750 |
| 5751 |
employment, the individual's job title, and the individual's | 5752 |
gaming experience that is provided for an individual who holds, | 5753 |
held, or has applied for a license under this chapter is not | 5754 |
confidential. The reason for denial or revocation of a license or | 5755 |
for disciplinary action against the individual and information | 5756 |
submitted by the individual for a felony waiver request is not | 5757 |
confidential. The cover sheet completed by an applicant for a key | 5758 |
employee license under section 3772.13 of the Revised Code is not | 5759 |
confidential. | 5760 |
| 5761 |
license under this chapter may waive the confidentiality | 5762 |
requirements of division (A) of this section. | 5763 |
(E) Confidential information received by the commission from | 5764 |
another jurisdiction relating to a person who holds, held, or has | 5765 |
applied for a license under this chapter is confidential and not | 5766 |
subject to disclosure as a public record under section 149.43 of | 5767 |
the Revised Code. The commission may share the information | 5768 |
referenced in this division with, or disclose the information to, | 5769 |
the inspector general, any appropriate prosecuting authority, any | 5770 |
law enforcement agency, or any other appropriate governmental or | 5771 |
licensing agency, if the agency that receives the information | 5772 |
complies with the same requirements regarding confidentiality as | 5773 |
those with which the commission must comply. | 5774 |
Sec. 3772.17. (A) The upfront license fee to obtain a license | 5775 |
as a casino operator shall be fifty million dollars per casino | 5776 |
facility | 5777 |
operator's filing of its casino operator license application with | 5778 |
the commission. The upfront license fee, once paid to the | 5779 |
commission, shall be deposited into the economic development | 5780 |
programs fund, which is created in the state treasury. New casino | 5781 |
operator, management company, and holding company license and | 5782 |
renewal license fees shall be set by rule, subject to the review | 5783 |
of the joint committee on gaming and wagering. The upfront license | 5784 |
fee charged by this division shall not be assessed on the transfer | 5785 |
of a casino operator license to a new casino operator if approved | 5786 |
by the commission as set forth in section 3772.091 of the Revised | 5787 |
Code. | 5788 |
(B) The fee to obtain an application for a casino operator, | 5789 |
management company, or holding company license shall be one | 5790 |
million five hundred thousand dollars per application. The fee | 5791 |
charged by this division shall apply to the application to | 5792 |
transfer a casino operator license to a new casino operator as set | 5793 |
forth in section 3772.091 of the Revised Code. The application fee | 5794 |
shall be deposited into the casino control commission fund. The | 5795 |
application fee is nonrefundable. | 5796 |
(C) The license fees for a gaming-related vendor shall be set | 5797 |
by rule, subject to the review of the joint committee on gaming | 5798 |
and wagering. Additionally, the commission may assess an applicant | 5799 |
a reasonable fee in the amount necessary to process a | 5800 |
gaming-related vendor license application. | 5801 |
(D) The license fees for a key employee shall be set by rule, | 5802 |
subject to the review of the joint committee on gaming and | 5803 |
wagering. Additionally, the commission may assess an applicant a | 5804 |
reasonable fee in the amount necessary to process a key employee | 5805 |
license application. If the license is being sought at the request | 5806 |
of a casino operator, such fees shall be paid by the casino | 5807 |
operator. | 5808 |
(E) The license fees for a casino gaming employee shall be | 5809 |
set by rule, subject to the review of the joint committee on | 5810 |
gaming and wagering. If the license is being sought at the request | 5811 |
of a casino operator, the fee shall be paid by the casino | 5812 |
operator. | 5813 |
Sec. 3772.28. (A) A licensed casino operator shall not enter | 5814 |
into a debt transaction without the approval of the commission. | 5815 |
The licensed casino operator shall submit, in writing, a request | 5816 |
for approval of a debt transaction that contains at least the | 5817 |
following information: | 5818 |
(1) The names and addresses of all parties to the debt | 5819 |
transaction; | 5820 |
(2) The amount of the funds involved; | 5821 |
(3) The type of debt transaction; | 5822 |
(4) The source of the funds to be obtained; | 5823 |
(5) All sources of collateral; | 5824 |
(6) The purpose of the debt transaction; | 5825 |
(7) The terms of the debt transaction; | 5826 |
(8) Any other information deemed necessary by the commission. | 5827 |
(B) As used in this section, "debt transaction" means a | 5828 |
transaction by a licensed casino operator concerning a casino | 5829 |
facility totaling five hundred thousand dollars or more in which a | 5830 |
licensed casino operator acquires debt, including bank financing, | 5831 |
private debt offerings, and any other transaction that results in | 5832 |
the encumbrance of assets. | 5833 |
(C) Notwithstanding divisions (A) and (B) of this section, a | 5834 |
licensed casino operator may enter into one or more debt | 5835 |
transactions with affiliated companies provided the aggregate | 5836 |
amount of all such debt transactions at any one time does not | 5837 |
exceed ten million dollars. When a licensed casino operator | 5838 |
intends to enter into such a debt transaction with an affiliated | 5839 |
company, the licensed casino operator shall provide immediate | 5840 |
notification, in writing, to the commission. The commission is | 5841 |
entitled to require prior approval of the debt transaction if the | 5842 |
commission provides notice to the licensed casino operator within | 5843 |
seven days after receiving the notification. In determining | 5844 |
whether to approve such a debt transaction, the commission may | 5845 |
require the licensed casino operator to submit the information | 5846 |
specified in division (A) of this section. The commission may | 5847 |
adopt rules governing its review and approval of such debt | 5848 |
transactions. For the purposes of this division, "affiliated | 5849 |
companies" means any holding company or institutional investor or | 5850 |
any individual, partnership, corporation, association, trust, or | 5851 |
any other group of individuals, however organized, which directly | 5852 |
or indirectly owns, has the power or right to control, or holds | 5853 |
with the power to vote, an ownership interest in a licensed casino | 5854 |
operator. | 5855 |
Sec. 3772.99. (A) The commission shall levy and collect | 5856 |
penalties for noncriminal violations of this chapter. Moneys | 5857 |
collected from such penalty levies shall be credited to the | 5858 |
general revenue fund. | 5859 |
(B) If a licensed casino operator, management company, | 5860 |
holding company, gaming-related vendor, or key employee violates | 5861 |
this chapter or engages in a fraudulent act, the commission may | 5862 |
suspend or revoke the license and may do either or both of the | 5863 |
following: | 5864 |
(1) Suspend, revoke, or restrict the casino gaming operations | 5865 |
of a casino operator; | 5866 |
(2) Require the removal of a management company, key | 5867 |
employee, or discontinuance of services from a gaming-related | 5868 |
vendor. | 5869 |
(C) The commission shall impose civil penalties against a | 5870 |
person who violates this chapter under the penalties adopted by | 5871 |
commission rule and reviewed by the joint committee on gaming and | 5872 |
wagering. | 5873 |
(D) A person who knowingly or intentionally does any of the | 5874 |
following commits a misdemeanor of the first degree on the first | 5875 |
offense and a felony of the fifth degree for a subsequent offense: | 5876 |
(1) Makes a false statement on an application submitted under | 5877 |
this chapter; | 5878 |
(2) Permits a person less than twenty-one years of age to | 5879 |
make a wager; | 5880 |
(3) Aids, induces, or causes a person less than twenty-one | 5881 |
years of age who is not an employee of the casino gaming operation | 5882 |
to enter or attempt to enter a casino facility; | 5883 |
(4) Enters or attempts to enter a casino facility while under | 5884 |
twenty-one years of age, unless the person enters a designated | 5885 |
area as described in section 3772.24 of the Revised Code; | 5886 |
(5) Wagers or accepts a wager at a location other than a | 5887 |
casino facility; | 5888 |
(6) Is a casino operator or employee and participates in | 5889 |
casino gaming other than as part of operation or employment. | 5890 |
(E) A person who knowingly or intentionally does any of the | 5891 |
following commits a felony of the fifth degree on a first offense | 5892 |
and a felony of the fourth degree for a subsequent offense. If the | 5893 |
person is a licensee under this chapter, the commission shall | 5894 |
revoke the person's license after the first offense. | 5895 |
(1) | 5896 |
5897 | |
5898 | |
5899 | |
5900 | |
5901 | |
5902 | |
5903 |
| 5904 |
5905 | |
5906 | |
5907 | |
5908 | |
5909 | |
5910 |
| 5911 |
assist in projecting the outcome of the casino game, keeping track | 5912 |
of the cards played, analyzing the probability of the occurrence | 5913 |
of an event relating to the casino game, or analyzing the strategy | 5914 |
for playing or betting to be used in the casino game, except as | 5915 |
permitted by the commission; | 5916 |
| 5917 |
| 5918 |
dice, game, or device that is intended to be used to violate this | 5919 |
chapter; | 5920 |
| 5921 |
on which wagers have been made after the outcome is made sure but | 5922 |
before the outcome is revealed to the players; | 5923 |
| 5924 |
of a casino game after acquiring knowledge that is not available | 5925 |
to all players and concerns the outcome of the casino game that is | 5926 |
the subject of the wager; | 5927 |
| 5928 |
division (E) | 5929 |
increasing, or decreasing a wager contingent on the outcome of a | 5930 |
casino game; | 5931 |
| 5932 |
collect, or take money or anything of value in or from a casino | 5933 |
game with the intent to defraud or without having made a wager | 5934 |
contingent on winning a casino game; | 5935 |
| 5936 |
thing of value of greater value than the amount won in a casino | 5937 |
game; | 5938 |
| 5939 |
cashless wagering instruments in or for use in a casino game; | 5940 |
| 5941 |
entering, or affecting the operation of a casino game, drop box, | 5942 |
or an electronic or a mechanical device connected with the casino | 5943 |
game or removing coins, tokens, chips, or other contents of a | 5944 |
casino game. This division does not apply to a casino operator, | 5945 |
management company, or gaming-related vendor or their agents and | 5946 |
employees in the course of agency or employment. | 5947 |
| 5948 |
device intended to be used in a manner that violates this chapter; | 5949 |
| 5950 |
is conducted or is to be conducted in a manner other than the | 5951 |
manner required under this chapter. | 5952 |
(F) The possession of more than one of the devices described | 5953 |
in division (E) | 5954 |
creates a rebuttable presumption that the possessor intended to | 5955 |
use the devices for cheating. | 5956 |
(G) A person who knowingly or intentionally does any of the | 5957 |
following commits a felony of the third degree. If the person is a | 5958 |
licensee under this chapter, the commission shall revoke the | 5959 |
person's license after the first offense. A public servant or | 5960 |
party official who is convicted under this division is forever | 5961 |
disqualified from holding any public office, employment, or | 5962 |
position of trust in this state. | 5963 |
(1) Offers, promises, or gives anything of value or benefit | 5964 |
to a person who is connected with the casino operator, management | 5965 |
company, holding company, or gaming-related vendor, including | 5966 |
their officers and employees, under an agreement to influence or | 5967 |
with the intent to influence the actions of the person to whom the | 5968 |
offer, promise, or gift was made in order to affect or attempt to | 5969 |
affect the outcome of a casino game or an official action of a | 5970 |
commission member, agent, or employee; | 5971 |
(2) Solicits, accepts, or receives a promise of anything of | 5972 |
value or benefit while the person is connected with a casino, | 5973 |
including an officer or employee of a casino operator, management | 5974 |
company, or gaming-related vendor, under an agreement to influence | 5975 |
or with the intent to influence the actions of the person to | 5976 |
affect or attempt to affect the outcome of a casino game or an | 5977 |
official action of a commission member, agent, or employee; | 5978 |
(H) A person who is convicted of a felony described in this | 5979 |
chapter may be barred for life from entering a casino facility by | 5980 |
the commission. | 5981 |
Sec. 4301.03. The liquor control commission may adopt and | 5982 |
promulgate, repeal, rescind, and amend, in the manner required by | 5983 |
this section, rules, standards, requirements, and orders necessary | 5984 |
to carry out this chapter and Chapter 4303. of the Revised Code, | 5985 |
but all rules of the board of liquor control that were in effect | 5986 |
immediately prior to April 17, 1963, shall remain in full force | 5987 |
and effect as rules of the liquor control commission until and | 5988 |
unless amended or repealed by the liquor control commission. The | 5989 |
rules of the commission may include the following: | 5990 |
(A) Rules with reference to applications for and the issuance | 5991 |
of permits for the manufacture, distribution, transportation, and | 5992 |
sale of beer and intoxicating liquor, and the sale of alcohol; and | 5993 |
rules governing the procedure of the division of liquor control in | 5994 |
the suspension, revocation, and cancellation of those permits; | 5995 |
(B) Rules and orders providing in detail for the conduct of | 5996 |
any retail business authorized under permits issued pursuant to | 5997 |
this chapter and Chapter 4303. of the Revised Code, with a view to | 5998 |
ensuring compliance with those chapters and laws relative to them, | 5999 |
and the maintenance of public decency, sobriety, and good order in | 6000 |
any place licensed under the permits. No rule or order shall | 6001 |
prohibit the operation of video lottery terminal games at a | 6002 |
commercial race track where live horse racing and simulcasting are | 6003 |
conducted in accordance with Chapter 3769. of the Revised Code or | 6004 |
the sale of lottery tickets issued pursuant to Chapter 3770. of | 6005 |
the Revised Code by any retail business authorized under permits | 6006 |
issued pursuant to that chapter. | 6007 |
No rule or order shall prohibit pari-mutuel wagering on | 6008 |
simulcast horse races at a satellite facility that has been issued | 6009 |
a D liquor permit under Chapter 4303. of the Revised Code. No rule | 6010 |
or order shall prohibit a charitable organization that holds a D-4 | 6011 |
permit from selling or serving beer or intoxicating liquor under | 6012 |
its permit in a portion of its premises merely because that | 6013 |
portion of its premises is used at other times for the conduct of | 6014 |
a bingo game, as described in division | 6015 |
of the Revised Code. However, such an organization shall not sell | 6016 |
or serve beer or intoxicating liquor or permit beer or | 6017 |
intoxicating liquor to be consumed or seen in the same location in | 6018 |
its premises where a bingo game, as described in division | 6019 |
6020 | |
conducted while the game is being conducted. As used in this | 6021 |
division, "charitable organization" has the same meaning as in | 6022 |
division (H) of section 2915.01 of the Revised Code. No rule or | 6023 |
order pertaining to visibility into the premises of a permit | 6024 |
holder after the legal hours of sale shall be adopted or | 6025 |
maintained by the commission. | 6026 |
(C) Standards, not in conflict with those prescribed by any | 6027 |
law of this state or the United States, to secure the use of | 6028 |
proper ingredients and methods in the manufacture of beer, mixed | 6029 |
beverages, and wine to be sold within this state; | 6030 |
(D) Rules determining the nature, form, and capacity of all | 6031 |
packages and bottles to be used for containing beer or | 6032 |
intoxicating liquor, except for spirituous liquor to be kept or | 6033 |
sold, governing the form of all seals and labels to be used on | 6034 |
those packages and bottles, and requiring the label on every | 6035 |
package, bottle, and container to state the ingredients in the | 6036 |
contents and, except on beer, the terms of weight, volume, or | 6037 |
proof spirits, and whether the same is beer, wine, alcohol, or any | 6038 |
intoxicating liquor except for spirituous liquor; | 6039 |
(E) Uniform rules governing all advertising with reference to | 6040 |
the sale of beer and intoxicating liquor throughout the state and | 6041 |
advertising upon and in the premises licensed for the sale of beer | 6042 |
or intoxicating liquor; | 6043 |
(F) Rules restricting and placing conditions upon the | 6044 |
transfer of permits; | 6045 |
(G) Rules and orders limiting the number of permits of any | 6046 |
class within the state or within any political subdivision of the | 6047 |
state; and, for that purpose, adopting reasonable classifications | 6048 |
of persons or establishments to which any authorized class of | 6049 |
permits may be issued within any political subdivision; | 6050 |
(H) Rules and orders with reference to sales of beer and | 6051 |
intoxicating liquor on Sundays and holidays and with reference to | 6052 |
the hours of the day during which and the persons to whom | 6053 |
intoxicating liquor of any class may be sold, and rules with | 6054 |
reference to the manner of sale; | 6055 |
(I) Rules requiring permit holders buying beer to pay and | 6056 |
permit holders selling beer to collect minimum cash deposits for | 6057 |
kegs, cases, bottles, or other returnable containers of the beer; | 6058 |
requiring the repayment, or credit, of the minimum cash deposit | 6059 |
charges upon the return of the empty containers; and requiring the | 6060 |
posting of such form of indemnity or such other conditions with | 6061 |
respect to the charging, collection, and repayment of minimum cash | 6062 |
deposit charges for returnable containers of beer as are necessary | 6063 |
to ensure the return of the empty containers or the repayment upon | 6064 |
that return of the minimum cash deposits paid; | 6065 |
(J) Rules establishing the method by which alcohol products | 6066 |
may be imported for sale by wholesale distributors and the method | 6067 |
by which manufacturers and suppliers may sell alcohol products to | 6068 |
wholesale distributors. | 6069 |
Every rule, standard, requirement, or order of the commission | 6070 |
and every repeal, amendment, or rescission of them shall be posted | 6071 |
for public inspection in the principal office of the commission | 6072 |
and the principal office of the division of liquor control, and a | 6073 |
certified copy of them shall be filed in the office of the | 6074 |
secretary of state. An order applying only to persons named in it | 6075 |
shall be served on the persons affected by personal delivery of a | 6076 |
certified copy, or by mailing a certified copy to each person | 6077 |
affected by it or, in the case of a corporation, to any officer or | 6078 |
agent of the corporation upon whom a service of summons may be | 6079 |
served in a civil action. The posting and filing required by this | 6080 |
section constitutes sufficient notice to all persons affected by | 6081 |
such rule or order which is not required to be served. General | 6082 |
rules of the commission promulgated pursuant to this section shall | 6083 |
be published in the manner the commission determines. | 6084 |
Sec. 4303.17. (A)(1) Permit D-4 may be issued to a club that | 6085 |
has been in existence for three years or more prior to the | 6086 |
issuance of the permit to sell beer and any intoxicating liquor to | 6087 |
its members only, in glass or container, for consumption on the | 6088 |
premises where sold. The fee for this permit is four hundred | 6089 |
sixty-nine dollars. | 6090 |
No D-4 permit shall be granted or retained until all elected | 6091 |
officers of the organization controlling the club have filed with | 6092 |
the division of liquor control a statement, signed under oath, | 6093 |
certifying that the club is operated in the interest of the | 6094 |
membership of a reputable organization, which is maintained by a | 6095 |
dues paying membership, and setting forth the amount of initiation | 6096 |
fee and yearly dues. | 6097 |
The roster of membership of a D-4 permit holder shall be | 6098 |
submitted under oath on the request of the superintendent of | 6099 |
liquor control. Any information acquired by the superintendent or | 6100 |
the division with respect to that membership shall not be open to | 6101 |
public inspection or examination and may be divulged by the | 6102 |
superintendent and the division only in hearings before the liquor | 6103 |
control commission or in a court action in which the division or | 6104 |
the superintendent is named a party. | 6105 |
(2) The requirement that a club shall have been in existence | 6106 |
for three years in order to qualify for a D-4 permit does not | 6107 |
apply to units of organizations chartered by congress or to a | 6108 |
subsidiary unit of a national fraternal organization if the parent | 6109 |
organization has been in existence for three years or more at the | 6110 |
time application for a permit is made by that unit. | 6111 |
(B) No rule or order of the division or commission shall | 6112 |
prohibit a charitable organization that holds a D-4 permit from | 6113 |
selling or serving beer or intoxicating liquor under its permit in | 6114 |
a portion of its premises merely because that portion of its | 6115 |
premises is used at other times for the conduct of a bingo game as | 6116 |
described in division | 6117 |
Code. However, such an organization shall not sell or serve beer | 6118 |
or intoxicating liquor or permit beer or intoxicating liquor to be | 6119 |
consumed or seen in the same location in its premises where a | 6120 |
bingo game as described in division | 6121 |
of the Revised Code is being conducted while the game is being | 6122 |
conducted. As used in this division, "charitable organization" has | 6123 |
the same meaning as in division (H) of section 2915.01 of the | 6124 |
Revised Code. | 6125 |
(C) Notwithstanding any contrary provision of sections | 6126 |
4301.32 to 4301.41, division (C)(1) of section 4303.29, and | 6127 |
section 4305.14 of the Revised Code, the holder of a D-4 permit | 6128 |
may transfer the location of the permit and sell beer and wine at | 6129 |
the new location if that location is in an election precinct in | 6130 |
which the sale of beer and wine, but not spirituous liquor, | 6131 |
otherwise is permitted by law. | 6132 |
Sec. 5753.01. As used in Chapter 5753. of the Revised Code | 6133 |
and for no other purpose under Title LVII of the Revised Code: | 6134 |
(A) "Casino facility" has the same meaning as in section | 6135 |
3772.01 of the Revised Code. | 6136 |
(B) "Casino gaming" has the same meaning as in section | 6137 |
3772.01 of the Revised Code. | 6138 |
(C) "Casino operator" has the same meaning as in section | 6139 |
3772.01 of the Revised Code. | 6140 |
(D) "Gross casino revenue" means the total amount of money | 6141 |
exchanged for the purchase of chips, tokens, tickets, electronic | 6142 |
cards, or similar objects by casino patrons, less winnings paid to | 6143 |
wagerers. "Gross casino revenue" does not include | 6144 |
(1) The issuance to casino patrons or wagering by casino | 6145 |
patrons of any promotional gaming credit as defined in section | 6146 |
3772.01 of the Revised Code. When issuance of the promotional | 6147 |
gaming credit requires money exchanged as a match from the patron, | 6148 |
the excludible portion of the promotional gaming credit does not | 6149 |
include the portion of the wager purchased by the patron. | 6150 |
(2) Bad debts from receipts on the basis of which the tax | 6151 |
imposed by this chapter was paid in a prior tax period to the | 6152 |
extent not previously excluded. For the purpose of this division, | 6153 |
"bad debts" means any debts that have become worthless or | 6154 |
uncollectible in a prior tax period, have been uncollected for at | 6155 |
least six months, and that may be claimed as a deduction under | 6156 |
section 166 of the Internal Revenue Code and the regulations | 6157 |
adopted under that section, or that could be claimed as such if | 6158 |
the taxpayer kept its accounts on the accrual basis. "Bad debts" | 6159 |
does not include repossessed property, uncollectible amounts on | 6160 |
property that remains in the possession of the casino operator | 6161 |
until the full purchase price is paid, or expenses in attempting | 6162 |
to collect any account receivable or for any portion of the debt | 6163 |
recovered. | 6164 |
(E) "Person" has the same meaning as in section 3772.01 of | 6165 |
the Revised Code. | 6166 |
(F) "Slot machine" has the same meaning as in section 3772.01 | 6167 |
of the Revised Code. | 6168 |
(G) "Table game" has the same meaning as in section 3772.01 | 6169 |
of the Revised Code. | 6170 |
(H) "Tax period" means one twenty-four-hour period with | 6171 |
regard to which a casino operator is required to pay the tax | 6172 |
levied by this chapter. | 6173 |
Sec. 5753.03. (A) For the purpose of receiving and | 6174 |
distributing, and accounting for, revenue received from the tax | 6175 |
levied by section 5753.02 of the Revised Code, the following funds | 6176 |
are created in the state treasury: | 6177 |
(1) The casino tax revenue fund; | 6178 |
(2) The gross casino revenue county fund; | 6179 |
(3) The gross casino revenue county student fund; | 6180 |
(4) The gross casino revenue host city fund; | 6181 |
(5) The Ohio state racing commission fund; | 6182 |
(6) The Ohio law enforcement training fund; | 6183 |
(7) The problem casino gambling and addictions fund; | 6184 |
(8) The casino control commission fund; | 6185 |
(9) The casino tax administration fund. | 6186 |
(B) All moneys collected from the tax levied under this | 6187 |
chapter shall be deposited into the casino tax revenue fund. | 6188 |
(C) From the casino tax revenue fund the director of budget | 6189 |
and management shall transfer as needed to the tax refund fund | 6190 |
amounts equal to the refunds certified by the tax commissioner | 6191 |
under section 5753.06 of the Revised Code. | 6192 |
(D) After making any transfers required by division (C) of | 6193 |
this section, but not later than the fifteenth day of the month | 6194 |
following the end of each calendar quarter, the director of budget | 6195 |
and management shall transfer amounts to each fund as follows: | 6196 |
(1) Fifty-one per cent to the gross casino revenue county | 6197 |
fund to make payments as required by Section 6(C)(3)(a) of Article | 6198 |
XV, Ohio Constitution; | 6199 |
(2) Thirty-four per cent to the gross casino revenue county | 6200 |
student fund to make payments as required by Section 6(C)(3)(b) of | 6201 |
Article XV, Ohio Constitution; | 6202 |
(3) Five per cent to the gross casino revenue host city fund | 6203 |
for the benefit of the cities in which casino facilities are | 6204 |
located; | 6205 |
(4) Three per cent to the Ohio state racing commission fund | 6206 |
to support horse racing in this state at which the pari-mutuel | 6207 |
system of wagering is conducted; | 6208 |
(5) Two per cent to the Ohio law enforcement training fund to | 6209 |
support law enforcement functions in the state; | 6210 |
(6) Two per cent to the problem casino gambling and | 6211 |
addictions fund to support efforts to alleviate problem gambling | 6212 |
and substance abuse and related research in the state; | 6213 |
(7) Three per cent to the casino control commission fund to | 6214 |
support the operations of the Ohio casino control commission and | 6215 |
to defray the cost of administering the tax levied under section | 6216 |
5753.02 of the Revised Code. | 6217 |
Payments under divisions (D)(1), (2), and (3) of this section | 6218 |
shall be made by the end of the month following the end of the | 6219 |
quarterly period. The tax commissioner shall make the data | 6220 |
available to the director of budget and management for this | 6221 |
purpose. | 6222 |
Of the money credited to the Ohio law enforcement training | 6223 |
fund, the director of budget and management shall distribute | 6224 |
eighty-five per cent of the money to the Ohio peace officer | 6225 |
training academy and fifteen per cent of the money to the division | 6226 |
of criminal justice services. | 6227 |
(E)(1) The tax commissioner shall serve as an agent of the | 6228 |
counties of this state only for the purposes of this division and | 6229 |
solely to make payments directly to municipal corporations and | 6230 |
school districts, as applicable, on the counties' behalf. | 6231 |
(2) On or before the thirtieth day of the month following the | 6232 |
end of each calendar quarter, the tax commissioner shall provide | 6233 |
for payment from the funds referenced in divisions (D)(1), (2), | 6234 |
and (3) of this section to each county, municipal corporation, and | 6235 |
school district as prescribed in those divisions. | 6236 |
(F) A county shall allocate each payment received pursuant to | 6237 |
division (D)(1) of this section as follows: | 6238 |
(1) If, on or before the effective date of the amendment of | 6239 |
this section by Sub. H.B. 386 of the 129th general assembly, the | 6240 |
board of county commissioners has entered into a contract or | 6241 |
similar agreement pledging any portion of the payment to a | 6242 |
specific entity or for a specific purpose, the county shall | 6243 |
allocate the amount necessary to fulfill the pledge to such entity | 6244 |
or for such purpose. | 6245 |
(2) The payment amount remaining after subtraction for the | 6246 |
amount allocated pursuant to division (F)(1) of this section shall | 6247 |
be allocated as follows: | 6248 |
(a) Fifty per cent to the general funds of the county and of | 6249 |
any municipal corporations or townships having territory within | 6250 |
the county, in such proportions as are determined by the board of | 6251 |
county commissioners, for the support of police, fire, emergency | 6252 |
medical service, or other public safety services provided by those | 6253 |
subdivisions within the county; | 6254 |
(b) Fifty per cent to the county's general fund or a special | 6255 |
fund to be used for any county purpose. | 6256 |
(G) The director of budget and management shall transfer one | 6257 |
per cent of the money credited to the casino control commission | 6258 |
fund to the casino tax administration fund. The tax commissioner | 6259 |
shall use the casino tax administration fund to defray the costs | 6260 |
incurred in administering the tax levied by this chapter. | 6261 |
Section 2. That existing sections 111.15, 122.014, 173.121, | 6262 |
2505.09, 2505.12, 2915.01, 2915.02, 2915.06, 2915.08, 2915.09, | 6263 |
2915.091, 2915.092, 2915.093, 2915.094, 2915.10, 2915.101, | 6264 |
2915.12, 2923.31, 2933.51, 3301.0714, 3769.08, 3769.087, 3769.089, | 6265 |
3770.02, 3770.03, 3770.05, 3770.07, 3770.071, 3770.21, 3772.01, | 6266 |
3772.03, 3772.04, 3772.091, 3772.10, 3772.13, 3772.16, 3772.17, | 6267 |
3772.28, 3772.99, 4301.03, 4303.17, 5753.01, and 5753.03, and | 6268 |
section 3772.14 of the Revised Code are hereby repealed. | 6269 |
Section 3. That Section 261.20.90 of Am. Sub. H.B. 153 of the | 6270 |
129th General Assembly be amended to read as follows: | 6271 |
Sec. 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS | 6272 |
(A) On July 1, 2011, or as soon as possible thereafter, the | 6273 |
Director of Budget and Management shall transfer up to $20,000,000 | 6274 |
from the Economic Development Programs Fund (Fund 5JC0) used by | 6275 |
the Board of Regents to the Ohio Incumbent Workforce Job Training | 6276 |
Fund (Fund 5HR0) used by the Department of Development. | 6277 |
On July 1, 2012, or as soon as possible thereafter, the | 6278 |
Director of Budget and Management shall transfer up to $30,000,000 | 6279 |
from the Economic Development Programs Fund (Fund 5JC0) used by | 6280 |
the Board of Regents to the Ohio Incumbent Workforce Job Training | 6281 |
Fund (Fund 5HR0) used by the Department of Development. | 6282 |
(B) Of the foregoing appropriation item 195526, Ohio | 6283 |
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and | 6284 |
up to $30,000,000 in fiscal year 2013 shall be used to support the | 6285 |
Ohio Incumbent Workforce Training Voucher Program. Any unexpended | 6286 |
and unencumbered portion of the appropriation item remaining at | 6287 |
the end of fiscal year 2012 is hereby appropriated for the same | 6288 |
purpose in fiscal year 2013. The Director of Development and the | 6289 |
Chief Investment Officer of JobsOhio may enter into an agreement | 6290 |
to operate the program pursuant to the contract between the | 6291 |
Department of Development and JobsOhio under section 187.04 of the | 6292 |
Revised Code. The agreement may include a provision for granting, | 6293 |
loaning, or transferring funds from appropriation item 195526, | 6294 |
Ohio Incumbent Workforce Job Training, to JobsOhio to provide | 6295 |
training for incumbent workers. | 6296 |
(C) Regardless of any agreement between the Director and the | 6297 |
Chief Investment Officer under division (B) of this section, the | 6298 |
Ohio Incumbent Workforce Training Voucher Program shall conform to | 6299 |
guidelines for the operation of the program, including, but not | 6300 |
limited to, the following: | 6301 |
(1) A requirement that a training voucher under the program | 6302 |
shall not exceed $6,000 per worker per year; | 6303 |
(2) A provision for an employer of an eligible employee to | 6304 |
apply for a voucher on behalf of the eligible employee; | 6305 |
(3) A provision for an eligible employee to apply directly | 6306 |
for a training voucher with the pre-approval of the employee's | 6307 |
employer; and | 6308 |
(4) A requirement that an employee participating in the | 6309 |
program, or the employee's employer, shall pay for not less than | 6310 |
thirty-three per cent of the training costs under the program. | 6311 |
DEFENSE DEVELOPMENT ASSISTANCE | 6312 |
On July 1 of each fiscal year, or as soon as possible | 6313 |
thereafter, the Director of Budget and Management shall transfer | 6314 |
$5,000,000 in cash from the Economic Development Projects Fund | 6315 |
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent | 6316 |
Workforce Job Training Fund (Fund 5HR0) used by the Department of | 6317 |
Development. The transferred funds are hereby appropriated in | 6318 |
appropriation item 195622, Defense Development Assistance. | 6319 |
The foregoing appropriation item 195622, Defense Development | 6320 |
Assistance, shall be used for economic development programs and | 6321 |
the creation of new jobs to leverage and support mission gains at | 6322 |
Department of Defense facilities in Ohio by working with future | 6323 |
base realignment and closure activities and ongoing Department of | 6324 |
Defense efficiency initiatives, assisting efforts to secure | 6325 |
Department of Defense support contracts for Ohio companies, | 6326 |
assessing and supporting regional job training and workforce | 6327 |
development needs generated by the Department of Defense and the | 6328 |
Ohio aerospace industry, and for expanding job training and | 6329 |
economic development programs in human performance related | 6330 |
initiatives. These funds shall be matched by private industry | 6331 |
partners or the Department of Defense in an aggregate amount of | 6332 |
$6,000,000 over the FY 2012-FY 2013 biennium. | 6333 |
Section 4. That existing Section 261.20.90 of Am. Sub. H.B. | 6334 |
153 of the 129th General Assembly is hereby repealed. | 6335 |
Section 5. That Section 3 of Sub. H.B. 277 of the 129th | 6336 |
General Assembly be amended to read as follows: | 6337 |
Sec. 3. (A) Notwithstanding sections 3769.04 and 3769.13 of | 6338 |
the Revised Code, for a period of two years after the effective | 6339 |
date of this section, a permit holder who is eligible to become a | 6340 |
video lottery sales agent may apply to the State Racing Commission | 6341 |
to move its track to another location using the following approval | 6342 |
procedure: | 6343 |
(1) The permit holder shall submit, for the consideration of | 6344 |
the State Racing Commission in its determination on whether to | 6345 |
approve the transfer, its proposal to the State Racing Commission | 6346 |
and shall specify the location of the new track and the | 6347 |
incremental economic benefits the permit holder is willing to | 6348 |
provide to the state. | 6349 |
(2) The State Racing Commission shall approve or deny the | 6350 |
transfer. | 6351 |
(3) The permit holder may apply to the State Lottery | 6352 |
Commission for a video lottery sales agent license at the new | 6353 |
track location. | 6354 |
(B) The State Racing Commission, subject to division (D) of | 6355 |
this section, shall give preference to transfer proposals | 6356 |
involving moves to locations in which neither horse-racing | 6357 |
meetings nor casino gaming have been authorized before July 1, | 6358 |
2011. A permit holder that is authorized to transfer its track | 6359 |
under this section and that is a video lottery sales agent may | 6360 |
operate at a temporary facility at its new location while | 6361 |
constructing or otherwise preparing its new track at that | 6362 |
location. A permit holder that is not transferring its track and | 6363 |
is remaining at its permitted location and that is a video lottery | 6364 |
sales agent may operate a temporary facility at its permitted | 6365 |
location while constructing or otherwise preparing its permanent | 6366 |
video lottery terminal facility at its track. A temporary | 6367 |
facility, either at a new track location or an existing track | 6368 |
location of a track that does not transfer its track, shall meet | 6369 |
any minimal capital investment and structure requirements | 6370 |
established by rule by the State Racing Commission in conjunction | 6371 |
with the State Lottery Commission. | 6372 |
(C) The state may discuss and negotiate with parties | 6373 |
regarding the transferring of racing permits to new track | 6374 |
locations and may, in its discretion, enter into agreements | 6375 |
regarding the transfer of permits to new locations in advance of | 6376 |
the process set forth in this section. | 6377 |
(D) A permit holder who is located on property owned by a | 6378 |
political subdivision may move its track to a new location within | 6379 |
twenty miles of its current location. Such a permit holder shall | 6380 |
not be charged any fee by the state in exchange for applying for a | 6381 |
move, for having its move approved, or for moving its existing | 6382 |
track as specified under this division. The State Racing | 6383 |
Commission shall give a preference greater than the preference | 6384 |
given under division (B) of this section to such a permit holder | 6385 |
as part of the approval procedure. | 6386 |
(E) Chapter 2915. of the Revised Code does not apply to, | 6387 |
affect, or prohibit lotteries or video lotteries conducted under | 6388 |
this section and Chapter 3770. of the Revised Code. The State | 6389 |
Racing Commission may not adopt rules regarding the operation of | 6390 |
lotteries or video lotteries conducted under Chapter 3770. of the | 6391 |
Revised Code. | 6392 |
(F) The State Racing Commission may adopt rules under Chapter | 6393 |
119. of the Revised Code to effectuate this section and to | 6394 |
establish fees to relocate tracks for applicants under this | 6395 |
section. | 6396 |
(G) As used in this section: | 6397 |
(1) "Permit holder" means a person that has been authorized | 6398 |
by the State Racing Commission to conduct one or more horse-racing | 6399 |
meetings under Chapter 3769. of the Revised Code. | 6400 |
(2) "Track" means any place, track, or enclosure where a | 6401 |
permit holder conducts live horse racing for profit at a racing | 6402 |
meeting. "Track" includes facilities or premises contiguous or | 6403 |
adjacent to those places, tracks, or enclosures. | 6404 |
(3) "Video lottery sales agent" means a person who is a | 6405 |
permit holder and holds a current license issued by the State | 6406 |
Lottery Commission to assist the Commission in conducting video | 6407 |
lotteries through the use of video lottery terminals at a track. | 6408 |
Section 6. That existing Section 3 of Sub. H.B. 277 of the | 6409 |
129th General Assembly is hereby repealed. | 6410 |
Section 7. That Section 4 of Sub. H.B. 277 of the 129th | 6411 |
General Assembly is hereby repealed. | 6412 |
Section 8. (A) The Governor is authorized to execute a deed | 6413 |
in the name of the state conveying to Lebanon Trotting Club, Inc., | 6414 |
and Miami Valley Trotting, Inc., the holders of pari-mutuel racing | 6415 |
permits issued by the State Racing Commission, or to their | 6416 |
respective successors and assigns (hereinafter collectively | 6417 |
referred to as the "grantee"), all of the state's right, title, | 6418 |
and interest in the following described real estate: | 6419 |
Situated in Turtlecreek Township, City of Lebanon, County of | 6420 |
Warren, State of Ohio and being part of Warren County Parcel Nos. | 6421 |
11064000140 and 12363000030, which land is situated at the | 6422 |
northeast corner of the intersection of State Route 63 and Union | 6423 |
Road, and is bounded to the west by Union Road, to the south by | 6424 |
Route 63, and to the east by a private roadway used by the | 6425 |
Department of Rehabilitation and Correction for ingress and egress | 6426 |
from Route 63 to the Lebanon Correctional Institution's dairy | 6427 |
barn. The northerly boundary shall be established by a survey | 6428 |
designed to ensure that the land to be conveyed does not exceed | 6429 |
one hundred twenty acres. | 6430 |
In preparing the deed, the Auditor of State, with the | 6431 |
assistance of the Attorney General, may modify the foregoing | 6432 |
description insofar as necessary to bring it into conformity with | 6433 |
the actual bounds of the real estate being described. | 6434 |
(B) Consideration for conveyance of the real estate is four | 6435 |
million five hundred thousand dollars. | 6436 |
(C) The net proceeds of the sale of the real estate shall be | 6437 |
deposited in the state treasury to the credit of the Department of | 6438 |
Rehabilitation and Correction, Fund 2000, appropriation item | 6439 |
501607, Ohio Penal Industries, which contains funds for | 6440 |
expenditures on farm and agricultural uses, for which these | 6441 |
proceeds shall be used. | 6442 |
(D) The grantee, following the conveyance of the real estate, | 6443 |
and in accordance with the terms of the purchase contract, shall | 6444 |
do all of the following: | 6445 |
(1) Permit the state and its successors and assigns perpetual | 6446 |
ingress and egress rights to the culvert and roadway located along | 6447 |
the easterly line of the real estate, which culvert and roadway | 6448 |
are presently used by the state to access the Lebanon Correctional | 6449 |
Institution's dairy barn. The grantee shall be responsible for all | 6450 |
costs related to the continued maintenance of the culvert and | 6451 |
roadway in their current condition. | 6452 |
(2) Create and maintain, at the grantee's sole cost, a | 6453 |
landscape buffer zone along the perimeter of the real estate. The | 6454 |
design, location, and materials used in the landscape buffer zone | 6455 |
shall be approved by the state. | 6456 |
(3) Coordinate with the appropriate state and local | 6457 |
authorities to improve State Route 63 with new signage and | 6458 |
adequate turning lanes. | 6459 |
(E) The grantee shall not use, develop, or sell the premises | 6460 |
such that it will interfere with the quiet enjoyment of the | 6461 |
neighboring state-owned land. | 6462 |
(F) The real estate shall be sold as an entire tract and not | 6463 |
in parcels. | 6464 |
(G) The grantee shall pay all costs associated with the | 6465 |
purchase and conveyance of the real estate, which costs shall | 6466 |
include, but are not limited to, the following: surveying costs; | 6467 |
title costs; preparation of metes and bounds property | 6468 |
descriptions; appraisals; environmental studies, assessments, and | 6469 |
remediation; and deed recordation costs. | 6470 |
(H) The Auditor of State, with the assistance of the Attorney | 6471 |
General, shall prepare a deed to the real estate. The deed shall | 6472 |
state the consideration and the conditions. The deed shall be | 6473 |
executed by the Governor in the name of the state, countersigned | 6474 |
by the Secretary of State, sealed with the Great Seal of the | 6475 |
State, presented in the Office of the Auditor of State for | 6476 |
recording, and delivered to the grantee. The grantee shall present | 6477 |
the deed for recording in the Office of the Warren County | 6478 |
Recorder. | 6479 |
(I) This section expires two years after its effective date. | 6480 |
Section 9. (A) As used in this section: | 6481 |
(1) "Permit holder" means a person that has been authorized | 6482 |
by the State Racing Commission to conduct one or more horse-racing | 6483 |
meetings under Chapter 3769. of the Revised Code. | 6484 |
(2) "Track" means any place, track, or enclosure where a | 6485 |
permit holder conducts live horse racing for profit at a racing | 6486 |
meeting. "Track" includes facilities or premises contiguous or | 6487 |
adjacent to those places, tracks, or enclosures. | 6488 |
(B) There is hereby created in the state treasury the | 6489 |
Racetrack Relocation Fund. The fund shall receive any money paid | 6490 |
to the state by horse-racing permit holders for the privilege to | 6491 |
relocate to a new facility in accordance with Section 3 of Sub. | 6492 |
H.B. 277 of the 129th General Assembly, as amended by this act. | 6493 |
Upon the allocation of all the money in the fund in accordance | 6494 |
with this section, the fund shall cease to exist. | 6495 |
(C) There is hereby created in the state treasury the | 6496 |
Racetrack Facility Community Economic Redevelopment Fund into | 6497 |
which shall be deposited moneys as specified by this section and | 6498 |
rules promulgated by the State Racing Commission. The fund shall | 6499 |
be used for repurposing or demolishing of an abandoned | 6500 |
horse-racing facility or reinvestment in the area, neighborhood, | 6501 |
and community near an abandoned facility. Any remaining funds | 6502 |
shall be transferred to the General Revenue Fund. Upon the | 6503 |
allocation of all the money in the fund in accordance with this | 6504 |
section, the fund shall cease to exist. | 6505 |
(D) The Director of Development or any successor department | 6506 |
or agency shall oversee and administer the Racetrack Facility | 6507 |
Community Economic Redevelopment Fund for the purpose of the | 6508 |
repurposing or demolishing of an abandoned horse-racing facility | 6509 |
or reinvestment in the area, neighborhood, and community near an | 6510 |
abandoned facility through loans and grants. The Director shall | 6511 |
provide guidelines for racetrack facility community economic | 6512 |
development projects in the state. Projects may include, but are | 6513 |
not limited to, site planning, site certification, structure | 6514 |
demolition, physical site redevelopment, relocation of utilities, | 6515 |
or construction. Projects shall not incorporate acquisition and | 6516 |
related expense. Moneys in the fund may be used to pay reasonable | 6517 |
costs incurred by the Director in administering this section. | 6518 |
(E) The moneys in the Racetrack Relocation Fund shall be | 6519 |
allocated to the following funds in the following amounts: | 6520 |
(1) Five hundred thousand dollars to the Problem Casino | 6521 |
Gambling and Addictions Fund described in Section 6(C)(3)(g) of | 6522 |
Article XV, Ohio Constitution, to be used for research and data | 6523 |
collection on gambling addiction issues; | 6524 |
(2) Not more than three million dollars to the previous | 6525 |
community of each moved track, which shall be deposited in the | 6526 |
Racetrack Facility Community Economic Redevelopment Fund; | 6527 |
(3) The remainder to the General Revenue Fund. | 6528 |
(F) Communities whose permit holders did not pay to move its | 6529 |
track to a new location are not eligible for funds in the | 6530 |
Racetrack Facility Community Economic Redevelopment Fund. | 6531 |
Section 10. Except as otherwise provided in this act, all | 6532 |
appropriation items in this act are appropriated out of any moneys | 6533 |
in the state treasury to the credit of the designated fund that | 6534 |
are not otherwise appropriated. For all appropriations made in | 6535 |
this act, the amounts in the first column are for fiscal year 2012 | 6536 |
and the amounts in the second column are for fiscal year 2013. | 6537 |
6538 | |
XXXX | 195XXX | Racetrack Facility Community Economic Redevelopment Fund | $ | 12,000,000 | $ | 0 | 6539 |
The foregoing appropriation item 195XXX, Racetrack Facility | 6540 |
Community Economic Redevelopment Fund, shall be used for the | 6541 |
purpose of the repurposing or demolishing of an abandoned | 6542 |
horse-racing facility or reinvestment in the area, neighborhood, | 6543 |
and community near an abandoned facility. Any unexpended and | 6544 |
unencumbered portion of this appropriation item at the end of | 6545 |
fiscal year 2012 is hereby reappropriated for the same purpose in | 6546 |
fiscal year 2013. Revenue in the fund may be used to pay | 6547 |
reasonable costs incurred by the Director of Development in | 6548 |
administering the program. | 6549 |
Section 11. Notwithstanding any provision in law to the | 6550 |
contrary, the Director of Alcohol and Drug Addiction Services | 6551 |
shall complete a study to identify the current status of gaming | 6552 |
addiction problems within the state. In fiscal year 2013, the | 6553 |
Director may certify to the Director of Budget and Management the | 6554 |
cost, not exceeding two hundred fifty thousand dollars, incurred | 6555 |
by the Department of Alcohol and Drug Addiction Services in | 6556 |
conducting the gaming addiction study. In response to receiving | 6557 |
this certification, the Director of Budget and Management may | 6558 |
transfer the cost of the study in cash to the Problem Casino and | 6559 |
Gambling Addictions Fund (Fund 5JL0) to reimburse the fund for | 6560 |
costs incurred in conducting the study. | 6561 |
Section 12. The items of law contained in this act, and | 6562 |
their applications, are severable. If any item of law contained in | 6563 |
this act, or if any application of any item of law contained in | 6564 |
this act, is held invalid, the invalidity does not affect other | 6565 |
items of law contained in this act and their applications that can | 6566 |
be given effect without the invalid item of law or application. | 6567 |
Section 13. The amendment by this act of sections 3770.02 | 6568 |
and 5753.03 of the Revised Code are an emergency measure necessary | 6569 |
for the immediate preservation of the public peace, health, and | 6570 |
safety. The reason for such necessity is the importance of not | 6571 |
delaying licensing procedures and money distribution. Therefore, | 6572 |
the amendment by this act of sections 3770.02 and 5753.03 of the | 6573 |
Revised Code goes into immediate effect. | 6574 |