Bill Text: OH SB169 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To permit veterans, fraternal, and sporting organizations to conduct charitable electronic instant bingo.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-12 - To Finance [SB169 Detail]
Download: Ohio-2011-SB169-Introduced.html
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Senator Grendell
To amend sections 2915.01, 2915.08, 2915.081, | 1 |
2915.09, 2915.095, 2915.101, and 2915.12 and to | 2 |
enact sections 2915.083 and 2915.096 of the | 3 |
Revised Code to permit veterans, fraternal, and | 4 |
sporting organizations to conduct charitable | 5 |
electronic instant bingo. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2915.01, 2915.08, 2915.081, | 7 |
2915.09, 2915.095, 2915.101, and 2915.12 be amended and sections | 8 |
2915.083 and 2915.096 of the Revised Code be enacted to read as | 9 |
follows: | 10 |
Sec. 2915.01. As used in this chapter: | 11 |
(A) "Bookmaking" means the business of receiving or paying | 12 |
off bets. | 13 |
(B) "Bet" means the hazarding of anything of value upon the | 14 |
result of an event, undertaking, or contingency, but does not | 15 |
include a bona fide business risk. | 16 |
(C) "Scheme of chance" means a slot machine, lottery, numbers | 17 |
game, pool conducted for profit, or other scheme in which a | 18 |
participant gives a valuable consideration for a chance to win a | 19 |
prize, but does not include bingo, a skill-based amusement | 20 |
machine, or a pool not conducted for profit. | 21 |
(D) "Game of chance" means poker, craps, roulette, or other | 22 |
game in which a player gives anything of value in the hope of | 23 |
gain, the outcome of which is determined largely by chance, but | 24 |
does not include bingo. | 25 |
(E) "Game of chance conducted for profit" means any game of | 26 |
chance designed to produce income for the person who conducts or | 27 |
operates the game of chance, but does not include bingo. | 28 |
(F) "Gambling device" means any of the following: | 29 |
(1) A book, totalizer, or other equipment for recording bets; | 30 |
(2) A ticket, token, or other device representing a chance, | 31 |
share, or interest in a scheme of chance or evidencing a bet; | 32 |
(3) A deck of cards, dice, gaming table, roulette wheel, slot | 33 |
machine, or other apparatus designed for use in connection with a | 34 |
game of chance; | 35 |
(4) Any equipment, device, apparatus, or paraphernalia | 36 |
specially designed for gambling purposes; | 37 |
(5) Bingo supplies sold or otherwise provided, or used, in | 38 |
violation of this chapter. | 39 |
(G) "Gambling offense" means any of the following: | 40 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 41 |
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, | 42 |
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code; | 43 |
(2) A violation of an existing or former municipal ordinance | 44 |
or law of this or any other state or the United States | 45 |
substantially equivalent to any section listed in division (G)(1) | 46 |
of this section or a violation of section 2915.06 of the Revised | 47 |
Code as it existed prior to July 1, 1996; | 48 |
(3) An offense under an existing or former municipal | 49 |
ordinance or law of this or any other state or the United States, | 50 |
of which gambling is an element; | 51 |
(4) A conspiracy or attempt to commit, or complicity in | 52 |
committing, any offense under division (G)(1), (2), or (3) of this | 53 |
section. | 54 |
(H) Except as otherwise provided in this chapter, "charitable | 55 |
organization" means any tax exempt religious, educational, | 56 |
veteran's, fraternal, sporting, service, nonprofit medical, | 57 |
volunteer rescue service, volunteer firefighter's, senior | 58 |
citizen's, historic railroad educational, youth athletic, amateur | 59 |
athletic, or youth athletic park organization. An organization is | 60 |
tax exempt if the organization is, and has received from the | 61 |
internal revenue service a determination letter that currently is | 62 |
in effect stating that the organization is, exempt from federal | 63 |
income taxation under subsection 501(a) and described in | 64 |
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 65 |
501(c)(19) of the Internal Revenue Code, or if the organization is | 66 |
a sporting organization that is exempt from federal income | 67 |
taxation under subsection 501(a) and is described in subsection | 68 |
501(c)(7) of the Internal Revenue Code. To qualify as a charitable | 69 |
organization, an organization, except a volunteer rescue service | 70 |
or volunteer firefighter's organization, shall have been in | 71 |
continuous existence as such in this state for a period of two | 72 |
years immediately preceding either the making of an application | 73 |
for a bingo license under section 2915.08 of the Revised Code or | 74 |
the conducting of any game of chance as provided in division (D) | 75 |
of section 2915.02 of the Revised Code. A charitable organization | 76 |
that is exempt from federal income taxation under subsection | 77 |
501(a) and described in subsection 501(c)(3) of the Internal | 78 |
Revenue Code and that is created by a veteran's organization, a | 79 |
fraternal organization, or a sporting organization does not have | 80 |
to have been in continuous existence as such in this state for a | 81 |
period of two years immediately preceding either the making of an | 82 |
application for a bingo license under section 2915.08 of the | 83 |
Revised Code or the conducting of any game of chance as provided | 84 |
in division (D) of section 2915.02 of the Revised Code. | 85 |
(I) "Religious organization" means any church, body of | 86 |
communicants, or group that is not organized or operated for | 87 |
profit and that gathers in common membership for regular worship | 88 |
and religious observances. | 89 |
(J) "Educational organization" means any organization within | 90 |
this state that is not organized for profit, the primary purpose | 91 |
of which is to educate and develop the capabilities of individuals | 92 |
through instruction by means of operating or contributing to the | 93 |
support of a school, academy, college, or university. | 94 |
(K) "Veteran's organization" means any individual post or | 95 |
state headquarters of a national veteran's association or an | 96 |
auxiliary unit of any individual post of a national veteran's | 97 |
association, which post, state headquarters, or auxiliary unit is | 98 |
incorporated as a nonprofit corporation and either has received a | 99 |
letter from the state headquarters of the national veteran's | 100 |
association indicating that the individual post or auxiliary unit | 101 |
is in good standing with the national veteran's association or has | 102 |
received a letter from the national veteran's association | 103 |
indicating that the state headquarters is in good standing with | 104 |
the national veteran's association. As used in this division, | 105 |
"national veteran's association" means any veteran's association | 106 |
that has been in continuous existence as such for a period of at | 107 |
least five years and either is incorporated by an act of the | 108 |
United States congress or has a national dues-paying membership of | 109 |
at least five thousand persons. | 110 |
(L) "Volunteer firefighter's organization" means any | 111 |
organization of volunteer firefighters, as defined in section | 112 |
146.01 of the Revised Code, that is organized and operated | 113 |
exclusively to provide financial support for a volunteer fire | 114 |
department or a volunteer fire company and that is recognized or | 115 |
ratified by a county, municipal corporation, or township. | 116 |
(M) "Fraternal organization" means any society, order, state | 117 |
headquarters, or association within this state, except a college | 118 |
or high school fraternity, that is not organized for profit, that | 119 |
is a branch, lodge, or chapter of a national or state | 120 |
organization, that exists exclusively for the common business or | 121 |
sodality of its members. | 122 |
(N) "Volunteer rescue service organization" means any | 123 |
organization of volunteers organized to function as an emergency | 124 |
medical service organization, as defined in section 4765.01 of the | 125 |
Revised Code. | 126 |
(O) "Service organization" means either of the following: | 127 |
(1) Any organization, not organized for profit, that is | 128 |
organized and operated exclusively to provide, or to contribute to | 129 |
the support of organizations or institutions organized and | 130 |
operated exclusively to provide, medical and therapeutic services | 131 |
for persons who are crippled, born with birth defects, or have any | 132 |
other mental or physical defect or those organized and operated | 133 |
exclusively to protect, or to contribute to the support of | 134 |
organizations or institutions organized and operated exclusively | 135 |
to protect, animals from inhumane treatment or provide immediate | 136 |
shelter to victims of domestic violence; | 137 |
(2) Any organization that is described in subsection | 138 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 139 |
and is either a governmental unit or an organization that is tax | 140 |
exempt under subsection 501(a) and described in subsection | 141 |
501(c)(3) of the Internal Revenue Code and that is an | 142 |
organization, not organized for profit, that is organized and | 143 |
operated primarily to provide, or to contribute to the support of | 144 |
organizations or institutions organized and operated primarily to | 145 |
provide, medical and therapeutic services for persons who are | 146 |
crippled, born with birth defects, or have any other mental or | 147 |
physical defect. | 148 |
(P) "Nonprofit medical organization" means either of the | 149 |
following: | 150 |
(1) Any organization that has been incorporated as a | 151 |
nonprofit corporation for at least five years and that has | 152 |
continuously operated and will be operated exclusively to provide, | 153 |
or to contribute to the support of organizations or institutions | 154 |
organized and operated exclusively to provide, hospital, medical, | 155 |
research, or therapeutic services for the public; | 156 |
(2) Any organization that is described and qualified under | 157 |
subsection 501(c)(3) of the Internal Revenue Code, that has been | 158 |
incorporated as a nonprofit corporation for at least five years, | 159 |
and that has continuously operated and will be operated primarily | 160 |
to provide, or to contribute to the support of organizations or | 161 |
institutions organized and operated primarily to provide, | 162 |
hospital, medical, research, or therapeutic services for the | 163 |
public. | 164 |
(Q) "Senior citizen's organization" means any private | 165 |
organization, not organized for profit, that is organized and | 166 |
operated exclusively to provide recreational or social services | 167 |
for persons who are fifty-five years of age or older and that is | 168 |
described and qualified under subsection 501(c)(3) of the Internal | 169 |
Revenue Code. | 170 |
(R) "Charitable bingo game" means any bingo game described in | 171 |
division (S)(1) or (2) of this section that is conducted by a | 172 |
charitable organization that has obtained a license pursuant to | 173 |
section 2915.08 of the Revised Code and the proceeds of which are | 174 |
used for a charitable purpose. | 175 |
(S) "Bingo" means | 176 |
(1) A game with all of the following characteristics: | 177 |
(a) The participants use bingo cards or sheets, including | 178 |
paper formats and electronic representation or image formats, that | 179 |
are divided into twenty-five spaces arranged in five horizontal | 180 |
and five vertical rows of spaces, with each space, except the | 181 |
central space, being designated by a combination of a letter and a | 182 |
number and with the central space being designated as a free | 183 |
space. | 184 |
(b) The participants cover the spaces on the bingo cards or | 185 |
sheets that correspond to combinations of letters and numbers that | 186 |
are announced by a bingo game operator. | 187 |
(c) A bingo game operator announces combinations of letters | 188 |
and numbers that appear on objects that a bingo game operator | 189 |
selects by chance, either manually or mechanically, from a | 190 |
receptacle that contains seventy-five objects at the beginning of | 191 |
each game, each object marked by a different combination of a | 192 |
letter and a number that corresponds to one of the seventy-five | 193 |
possible combinations of a letter and a number that can appear on | 194 |
the bingo cards or sheets. | 195 |
(d) The winner of the bingo game includes any participant who | 196 |
properly announces during the interval between the announcements | 197 |
of letters and numbers as described in division (S)(1)(c) of this | 198 |
section, that a predetermined and preannounced pattern of spaces | 199 |
has been covered on a bingo card or sheet being used by the | 200 |
participant. | 201 |
(2) Instant bingo, punch boards, and raffles; | 202 |
(3) Charitable electronic instant bingo. | 203 |
(T) "Conduct" means to back, promote, organize, manage, carry | 204 |
on, sponsor, or prepare for the operation of bingo or a game of | 205 |
chance. | 206 |
(U) "Bingo game operator" means any person, except security | 207 |
personnel, who performs work or labor at the site of bingo, | 208 |
including, but not limited to, collecting money from participants, | 209 |
handing out bingo cards or sheets or objects to cover spaces on | 210 |
bingo cards or sheets, selecting from a receptacle the objects | 211 |
that contain the combination of letters and numbers that appear on | 212 |
bingo cards or sheets, calling out the combinations of letters and | 213 |
numbers, distributing prizes, selling or redeeming instant bingo | 214 |
tickets or cards, supervising the operation of a punch board, | 215 |
selling raffle tickets, selecting raffle tickets from a receptacle | 216 |
and announcing the winning numbers in a raffle, having access to | 217 |
or performing any function in the operation of charitable | 218 |
electronic instant bingo, and preparing, selling, and serving food | 219 |
or beverages. | 220 |
(V) "Participant" means any person who plays bingo. | 221 |
(W) "Bingo session" means a period that includes both of the | 222 |
following: | 223 |
(1) Not to exceed five continuous hours for the conduct of | 224 |
one or more games described in division (S)(1) of this section, | 225 |
instant bingo, and seal cards; | 226 |
(2) A period for the conduct of instant bingo and seal cards | 227 |
for not more than two hours before and not more than two hours | 228 |
after the period described in division (W)(1) of this section. | 229 |
(X) "Gross receipts" means all money or assets, including | 230 |
admission fees, that a person receives from bingo without the | 231 |
deduction of any amounts for prizes paid out or for the expenses | 232 |
of conducting bingo. "Gross receipts" does not include any money | 233 |
directly taken in from the sale of food or beverages by a | 234 |
charitable organization conducting bingo, or by a bona fide | 235 |
auxiliary unit or society of a charitable organization conducting | 236 |
bingo, provided all of the following apply: | 237 |
(1) The auxiliary unit or society has been in existence as a | 238 |
bona fide auxiliary unit or society of the charitable organization | 239 |
for at least two years prior to conducting bingo. | 240 |
(2) The person who purchases the food or beverage receives | 241 |
nothing of value except the food or beverage and items customarily | 242 |
received with the purchase of that food or beverage. | 243 |
(3) The food and beverages are sold at customary and | 244 |
reasonable prices. | 245 |
(Y) "Security personnel" includes any person who either is a | 246 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 247 |
constable, or member of an organized police department of a | 248 |
municipal corporation or has successfully completed a peace | 249 |
officer's training course pursuant to sections 109.71 to 109.79 of | 250 |
the Revised Code and who is hired to provide security for the | 251 |
premises on which bingo is conducted. | 252 |
(Z) "Charitable purpose" means that the net profit of bingo, | 253 |
other than instant bingo, is used by, or is given, donated, or | 254 |
otherwise transferred to, any of the following: | 255 |
(1) Any organization that is described in subsection | 256 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 257 |
and is either a governmental unit or an organization that is tax | 258 |
exempt under subsection 501(a) and described in subsection | 259 |
501(c)(3) of the Internal Revenue Code; | 260 |
(2) A veteran's organization that is a post, chapter, or | 261 |
organization of veterans, or an auxiliary unit or society of, or a | 262 |
trust or foundation for, any such post, chapter, or organization | 263 |
organized in the United States or any of its possessions, at least | 264 |
seventy-five per cent of the members of which are veterans and | 265 |
substantially all of the other members of which are individuals | 266 |
who are spouses, widows, or widowers of veterans, or such | 267 |
individuals, provided that no part of the net earnings of such | 268 |
post, chapter, or organization inures to the benefit of any | 269 |
private shareholder or individual, and further provided that the | 270 |
net profit is used by the post, chapter, or organization for the | 271 |
charitable purposes set forth in division (B)(12) of section | 272 |
5739.02 of the Revised Code, is used for awarding scholarships to | 273 |
or for attendance at an institution mentioned in division (B)(12) | 274 |
of section 5739.02 of the Revised Code, is donated to a | 275 |
governmental agency, or is used for nonprofit youth activities, | 276 |
the purchase of United States or Ohio flags that are donated to | 277 |
schools, youth groups, or other bona fide nonprofit organizations, | 278 |
promotion of patriotism, or disaster relief; | 279 |
(3) A fraternal organization that has been in continuous | 280 |
existence in this state for fifteen years and that uses the net | 281 |
profit exclusively for religious, charitable, scientific, | 282 |
literary, or educational purposes, or for the prevention of | 283 |
cruelty to children or animals, if contributions for such use | 284 |
would qualify as a deductible charitable contribution under | 285 |
subsection 170 of the Internal Revenue Code; | 286 |
(4) A volunteer firefighter's organization that uses the net | 287 |
profit for the purposes set forth in division (L) of this section. | 288 |
(AA) "Internal Revenue Code" means the "Internal Revenue Code | 289 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 290 |
amended. | 291 |
(BB) "Youth athletic organization" means any organization, | 292 |
not organized for profit, that is organized and operated | 293 |
exclusively to provide financial support to, or to operate, | 294 |
athletic activities for persons who are twenty-one years of age or | 295 |
younger by means of sponsoring, organizing, operating, or | 296 |
contributing to the support of an athletic team, club, league, or | 297 |
association. | 298 |
(CC) "Youth athletic park organization" means any | 299 |
organization, not organized for profit, that satisfies both of the | 300 |
following: | 301 |
(1) It owns, operates, and maintains playing fields that | 302 |
satisfy both of the following: | 303 |
(a) The playing fields are used at least one hundred days per | 304 |
year for athletic activities by one or more organizations, not | 305 |
organized for profit, each of which is organized and operated | 306 |
exclusively to provide financial support to, or to operate, | 307 |
athletic activities for persons who are eighteen years of age or | 308 |
younger by means of sponsoring, organizing, operating, or | 309 |
contributing to the support of an athletic team, club, league, or | 310 |
association. | 311 |
(b) The playing fields are not used for any profit-making | 312 |
activity at any time during the year. | 313 |
(2) It uses the proceeds of bingo it conducts exclusively for | 314 |
the operation, maintenance, and improvement of its playing fields | 315 |
of the type described in division (CC)(1) of this section. | 316 |
(DD) "Amateur athletic organization" means any organization, | 317 |
not organized for profit, that is organized and operated | 318 |
exclusively to provide financial support to, or to operate, | 319 |
athletic activities for persons who are training for amateur | 320 |
athletic competition that is sanctioned by a national governing | 321 |
body as defined in the "Amateur Sports Act of 1978," 90 Stat. | 322 |
3045, 36 U.S.C.A. 373. | 323 |
(EE) "Bingo supplies" means bingo cards or sheets; instant | 324 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 325 |
punch boards; seal cards; instant bingo ticket dispensers; | 326 |
charitable electronic instant bingo; and devices for selecting or | 327 |
displaying the combination of bingo letters and numbers or raffle | 328 |
tickets. Items that are "bingo supplies" are not gambling devices | 329 |
if sold or otherwise provided, and used, in accordance with this | 330 |
chapter. For purposes of this chapter, "bingo supplies" are not to | 331 |
be considered equipment used to conduct a bingo game. | 332 |
(FF) "Instant bingo" means a form of bingo that uses folded | 333 |
or banded tickets or paper cards with perforated break-open tabs, | 334 |
a face of which is covered or otherwise hidden from view to | 335 |
conceal a number, letter, or symbol, or set of numbers, letters, | 336 |
or symbols, some of which have been designated in advance as prize | 337 |
winners. "Instant bingo" includes seal cards and charitable | 338 |
electronic instant bingo. | 339 |
340 | |
341 | |
342 | |
343 | |
344 |
(GG) "Seal card" means a form of instant bingo that uses | 345 |
instant bingo tickets in conjunction with a board or placard that | 346 |
contains one or more seals that, when removed or opened, reveal | 347 |
predesignated winning numbers, letters, or symbols. | 348 |
(HH) "Raffle" means a form of bingo in which the one or more | 349 |
prizes are won by one or more persons who have purchased a raffle | 350 |
ticket. The one or more winners of the raffle are determined by | 351 |
drawing a ticket stub or other detachable section from a | 352 |
receptacle containing ticket stubs or detachable sections | 353 |
corresponding to all tickets sold for the raffle. "Raffle" does | 354 |
not include the drawing of a ticket stub or other detachable | 355 |
section of a ticket purchased to attend a professional sporting | 356 |
event if both of the following apply: | 357 |
(1) The ticket stub or other detachable section is used to | 358 |
select the winner of a free prize given away at the professional | 359 |
sporting event; and | 360 |
(2) The cost of the ticket is the same as the cost of a | 361 |
ticket to the professional sporting event on days when no free | 362 |
prize is given away. | 363 |
(II) "Punch board" means a board containing a number of holes | 364 |
or receptacles of uniform size in which are placed, mechanically | 365 |
and randomly, serially numbered slips of paper that may be punched | 366 |
or drawn from the hole or receptacle when used in conjunction with | 367 |
instant bingo. A player may punch or draw the numbered slips of | 368 |
paper from the holes or receptacles and obtain the prize | 369 |
established for the game if the number drawn corresponds to a | 370 |
winning number or, if the punch board includes the use of a seal | 371 |
card, a potential winning number. | 372 |
(JJ) "Gross profit" means gross receipts minus the amount | 373 |
actually expended for the payment of prize awards. | 374 |
(KK) "Net profit" means gross profit minus expenses. | 375 |
(LL) "Expenses" means the reasonable amount of gross profit | 376 |
actually expended for all of the following: | 377 |
(1) The purchase or lease of bingo supplies; | 378 |
(2) The annual license fee required under section 2915.08 of | 379 |
the Revised Code; | 380 |
(3) Bank fees and service charges for a bingo session or game | 381 |
account described in section 2915.10 of the Revised Code; | 382 |
(4) Audits and accounting services; | 383 |
(5) Safes; | 384 |
(6) Cash registers; | 385 |
(7) Hiring security personnel; | 386 |
(8) Advertising bingo; | 387 |
(9) Renting premises in which to conduct a bingo session; | 388 |
(10) Tables and chairs; | 389 |
(11) Expenses for maintaining and operating a charitable | 390 |
organization's facilities, including, but not limited to, a post | 391 |
home, club house, lounge, tavern, or canteen and any grounds | 392 |
attached to the post home, club house, lounge, tavern, or canteen; | 393 |
(12) Payment of real property taxes and assessments that are | 394 |
levied on a premises on which bingo is conducted; | 395 |
(13) Any other product or service directly related to the | 396 |
conduct of bingo that is authorized in rules adopted by the | 397 |
attorney general under division (B)(1) of section 2915.08 of the | 398 |
Revised Code. | 399 |
(MM) "Person" has the same meaning as in section 1.59 of the | 400 |
Revised Code and includes any firm or any other legal entity, | 401 |
however organized. | 402 |
(NN) "Revoke" means to void permanently all rights and | 403 |
privileges of the holder of a license issued under section | 404 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 405 |
gaming license issued by another jurisdiction. | 406 |
(OO) "Suspend" means to interrupt temporarily all rights and | 407 |
privileges of the holder of a license issued under section | 408 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 409 |
gaming license issued by another jurisdiction. | 410 |
(PP) "Distributor" means any person who purchases or obtains | 411 |
bingo supplies and who does either of the following: | 412 |
(1) Sells, offers for sale, or otherwise provides or offers | 413 |
to provide the bingo supplies to another person for use in this | 414 |
state; | 415 |
(2) Modifies, converts, adds to, or removes parts from the | 416 |
bingo supplies to further their promotion or sale for use in this | 417 |
state. | 418 |
(QQ) "Manufacturer" means any person who assembles completed | 419 |
bingo supplies from raw materials, other items, or subparts or who | 420 |
modifies, converts, adds to, or removes parts from bingo supplies | 421 |
to further their promotion or sale. | 422 |
(RR) "Gross annual revenues" means the annual gross receipts | 423 |
derived from the conduct of bingo described in division (S)(1) of | 424 |
this section plus the annual net profit derived from the conduct | 425 |
of bingo described in division (S)(2) of this section. | 426 |
(SS) "Instant bingo ticket dispenser" means a mechanical | 427 |
device that dispenses an instant bingo ticket or card as the sole | 428 |
item of value dispensed and that has the following | 429 |
characteristics: | 430 |
(1) It is activated upon the insertion of United States | 431 |
currency. | 432 |
(2) It performs no gaming functions. | 433 |
(3) It does not contain a video display monitor or generate | 434 |
noise. | 435 |
(4) It is not capable of displaying any numbers, letters, | 436 |
symbols, or characters in winning or losing combinations. | 437 |
(5) It does not simulate or display rolling or spinning | 438 |
reels. | 439 |
(6) It is incapable of determining whether a dispensed bingo | 440 |
ticket or card is a winning or nonwinning ticket or card and | 441 |
requires a winning ticket or card to be paid by a bingo game | 442 |
operator. | 443 |
(7) It may provide accounting and security features to aid in | 444 |
accounting for the instant bingo tickets or cards it dispenses. | 445 |
(8) It is not part of an electronic network and is not | 446 |
interactive. | 447 |
(TT)(1) "Electronic bingo aid" means an electronic device | 448 |
used by a participant to monitor bingo cards or sheets purchased | 449 |
at the time and place of a bingo session and that does all of the | 450 |
following: | 451 |
(a) It provides a means for a participant to input numbers | 452 |
and letters announced by a bingo caller. | 453 |
(b) It compares the numbers and letters entered by the | 454 |
participant to the bingo faces previously stored in the memory of | 455 |
the device. | 456 |
(c) It identifies a winning bingo pattern. | 457 |
(2) "Electronic bingo aid" does not include any device into | 458 |
which a coin, currency, token, or an equivalent is inserted to | 459 |
activate play. | 460 |
(UU) "Deal of instant bingo tickets" means a single game of | 461 |
instant bingo tickets all with the same serial number. | 462 |
(VV)(1) "Slot machine" means either of the following: | 463 |
(a) Any mechanical, electronic, video, or digital device that | 464 |
is capable of accepting anything of value, directly or indirectly, | 465 |
from or on behalf of a player who gives the thing of value in the | 466 |
hope of gain; | 467 |
(b) Any mechanical, electronic, video, or digital device that | 468 |
is capable of accepting anything of value, directly or indirectly, | 469 |
from or on behalf of a player to conduct bingo or a scheme or game | 470 |
of chance. | 471 |
(2) "Slot machine" does not include a skill-based amusement | 472 |
machine | 473 |
electronic instant bingo. | 474 |
(WW) "Net profit from the proceeds of the sale of instant | 475 |
bingo or charitable electronic instant bingo" means gross profit | 476 |
minus the ordinary, necessary, and reasonable expense expended for | 477 |
the purchase of instant bingo or the purchase or lease of | 478 |
charitable electronic instant bingo supplies. | 479 |
(XX) "Charitable instant bingo organization" means an | 480 |
organization that is exempt from federal income taxation under | 481 |
subsection 501(a) and described in subsection 501(c)(3) of the | 482 |
Internal Revenue Code and is a charitable organization as defined | 483 |
in this section. A "charitable instant bingo organization" does | 484 |
not include a charitable organization that is exempt from federal | 485 |
income taxation under subsection 501(a) and described in | 486 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 487 |
created by a veteran's organization, a fraternal organization, or | 488 |
a sporting organization in regards to bingo conducted or assisted | 489 |
by a veteran's organization, a fraternal organization, or a | 490 |
sporting organization pursuant to section 2915.13 of the Revised | 491 |
Code. | 492 |
(YY) "Game flare" means the board or placard that accompanies | 493 |
each deal of instant bingo tickets and that has printed on or | 494 |
affixed to it the following information for the game: | 495 |
(1) The name of the game; | 496 |
(2) The manufacturer's name or distinctive logo; | 497 |
(3) The form number; | 498 |
(4) The ticket count; | 499 |
(5) The prize structure, including the number of winning | 500 |
instant bingo tickets by denomination and the respective winning | 501 |
symbol or number combinations for the winning instant bingo | 502 |
tickets; | 503 |
(6) The cost per play; | 504 |
(7) The serial number of the game. | 505 |
(ZZ) "Historic railroad educational organization" means an | 506 |
organization that is exempt from federal income taxation under | 507 |
subsection 501(a) and described in subsection 501(c)(3) of the | 508 |
Internal Revenue Code, that owns in fee simple the tracks and the | 509 |
right-of-way of a historic railroad that the organization restores | 510 |
or maintains and on which the organization provides excursions as | 511 |
part of a program to promote tourism and educate visitors | 512 |
regarding the role of railroad transportation in Ohio history, and | 513 |
that received as donations from a charitable organization that | 514 |
holds a license to conduct bingo under this chapter an amount | 515 |
equal to at least fifty per cent of that licensed charitable | 516 |
organization's net proceeds from the conduct of bingo during each | 517 |
of the five years preceding June 30, 2003. "Historic railroad" | 518 |
means all or a portion of the tracks and right-of-way of a | 519 |
railroad that was owned and operated by a for-profit common | 520 |
carrier in this state at any time prior to January 1, 1950. | 521 |
(AAA)(1) "Skill-based amusement machine" means a mechanical, | 522 |
video, digital, or electronic device that rewards the player or | 523 |
players, if at all, only with merchandise prizes or with | 524 |
redeemable vouchers redeemable only for merchandise prizes, | 525 |
provided that with respect to rewards for playing the game all of | 526 |
the following apply: | 527 |
(a) The wholesale value of a merchandise prize awarded as a | 528 |
result of the single play of a machine does not exceed ten | 529 |
dollars; | 530 |
(b) Redeemable vouchers awarded for any single play of a | 531 |
machine are not redeemable for a merchandise prize with a | 532 |
wholesale value of more than ten dollars; | 533 |
(c) Redeemable vouchers are not redeemable for a merchandise | 534 |
prize that has a wholesale value of more than ten dollars times | 535 |
the fewest number of single plays necessary to accrue the | 536 |
redeemable vouchers required to obtain that prize; and | 537 |
(d) Any redeemable vouchers or merchandise prizes are | 538 |
distributed at the site of the skill-based amusement machine at | 539 |
the time of play. | 540 |
(2) A device shall not be considered a skill-based amusement | 541 |
machine and shall be considered a slot machine if it pays cash or | 542 |
one or more of the following apply: | 543 |
(a) The ability of a player to succeed at the game is | 544 |
impacted by the number or ratio of prior wins to prior losses of | 545 |
players playing the game. | 546 |
(b) Any reward of redeemable vouchers is not based solely on | 547 |
the player achieving the object of the game or the player's score; | 548 |
(c) The outcome of the game, or the value of the redeemable | 549 |
voucher or merchandise prize awarded for winning the game, can be | 550 |
controlled by a source other than any player playing the game. | 551 |
(d) The success of any player is or may be determined by a | 552 |
chance event that cannot be altered by player actions. | 553 |
(e) The ability of any player to succeed at the game is | 554 |
determined by game features not visible or known to the player. | 555 |
(f) The ability of the player to succeed at the game is | 556 |
impacted by the exercise of a skill that no reasonable player | 557 |
could exercise. | 558 |
(3) All of the following apply to any machine that is | 559 |
operated as described in division (AAA)(1) of this section: | 560 |
(a) As used in this section, "game" and "play" mean one event | 561 |
from the initial activation of the machine until the results of | 562 |
play are determined without payment of additional consideration. | 563 |
An individual utilizing a machine that involves a single game, | 564 |
play, contest, competition, or tournament may be awarded | 565 |
redeemable vouchers or merchandise prizes based on the results of | 566 |
play. | 567 |
(b) Advance play for a single game, play, contest, | 568 |
competition, or tournament participation may be purchased. The | 569 |
cost of the contest, competition, or tournament participation may | 570 |
be greater than a single noncontest, competition, or tournament | 571 |
play. | 572 |
(c) To the extent that the machine is used in a contest, | 573 |
competition, or tournament, that contest, competition, or | 574 |
tournament has a defined starting and ending date and is open to | 575 |
participants in competition for scoring and ranking results toward | 576 |
the awarding of redeemable vouchers or merchandise prizes that are | 577 |
stated prior to the start of the contest, competition, or | 578 |
tournament. | 579 |
(4) For purposes of division (AAA)(1) of this section, the | 580 |
mere presence of a device, such as a pin-setting, ball-releasing, | 581 |
or scoring mechanism, that does not contribute to or affect the | 582 |
outcome of the play of the game does not make the device a | 583 |
skill-based amusement machine. | 584 |
(BBB) "Merchandise prize" means any item of value, but shall | 585 |
not include any of the following: | 586 |
(1) Cash, gift cards, or any equivalent thereof; | 587 |
(2) Plays on games of chance, state lottery tickets, bingo, | 588 |
or instant bingo; | 589 |
(3) Firearms, tobacco, or alcoholic beverages; or | 590 |
(4) A redeemable voucher that is redeemable for any of the | 591 |
items listed in division (BBB)(1), (2), or (3) of this section. | 592 |
(CCC) "Redeemable voucher" means any ticket, token, coupon, | 593 |
receipt, or other noncash representation of value. | 594 |
(DDD) "Pool not conducted for profit" means a scheme in which | 595 |
a participant gives a valuable consideration for a chance to win a | 596 |
prize and the total amount of consideration wagered is distributed | 597 |
to a participant or participants. | 598 |
(EEE) "Sporting organization" means a hunting, fishing, or | 599 |
trapping organization, other than a college or high school | 600 |
fraternity or sorority, that is not organized for profit, that is | 601 |
affiliated with a state or national sporting organization, | 602 |
including but not limited to, the Ohio league of sportsmen, and | 603 |
that has been in continuous existence in this state for a period | 604 |
of three years. | 605 |
(FFF) "Community action agency" has the same meaning as in | 606 |
section 122.66 of the Revised Code. | 607 |
(GGG) "Charitable electronic instant bingo" means any | 608 |
electronic gaming device determined to be a class II or class III | 609 |
device under the "Indian Gaming Regulatory Act," 25 U.S.C. 2701 et | 610 |
seq., for which a valid charitable bingo license has been issued | 611 |
to a veterans, fraternal, or sporting organization, and from which | 612 |
a percentage of the net profits is transferred to a charitable | 613 |
purpose established in section 2915.101 of the Revised Code. | 614 |
Sec. 2915.08. (A)(1) Annually before the first day of | 615 |
January, a charitable organization that desires to conduct bingo, | 616 |
instant bingo at a bingo session, | 617 |
bingo session, or charitable electronic instant bingo shall make | 618 |
out, upon a form to be furnished by the attorney general for that | 619 |
purpose, an application for a license to conduct bingo, instant | 620 |
bingo at a bingo session, | 621 |
session, or charitable electronic instant bingo and deliver that | 622 |
application to the attorney general together with a license fee as | 623 |
follows: | 624 |
(a) Except as otherwise provided in this division, for a | 625 |
license for the conduct of bingo, two hundred dollars; | 626 |
(b) For a license for the conduct of instant bingo at a bingo | 627 |
session | 628 |
charitable electronic instant bingo for a charitable organization | 629 |
that previously has not been licensed under this chapter to | 630 |
conduct instant bingo at a bingo session | 631 |
than at a bingo session, or charitable electronic instant bingo, a | 632 |
license fee of five hundred dollars, and for any other charitable | 633 |
organization, a license fee that is based upon the gross profits | 634 |
received by the charitable organization from the operation of | 635 |
instant bingo at a bingo session | 636 |
bingo session, or charitable electronic instant bingo, during the | 637 |
one-year period ending on the thirty-first day of October of the | 638 |
year immediately preceding the year for which the license is | 639 |
sought, and that is one of the following: | 640 |
(i) Five hundred dollars, if the total is fifty thousand | 641 |
dollars or less; | 642 |
(ii) One thousand two hundred fifty dollars plus one-fourth | 643 |
per cent of the gross profit, if the total is more than fifty | 644 |
thousand dollars but less than two hundred fifty thousand one | 645 |
dollars; | 646 |
(iii) Two thousand two hundred fifty dollars plus one-half | 647 |
per cent of the gross profit, if the total is more than two | 648 |
hundred fifty thousand dollars but less than five hundred thousand | 649 |
one dollars; | 650 |
(iv) Three thousand five hundred dollars plus one per cent of | 651 |
the gross profit, if the total is more than five hundred thousand | 652 |
dollars but less than one million one dollars; | 653 |
(v) Five thousand dollars plus one per cent of the gross | 654 |
profit, if the total is one million one dollars or more; | 655 |
(c) A reduced license fee established by the attorney general | 656 |
pursuant to division (G) of this section. | 657 |
(d) For a license to conduct bingo for a charitable | 658 |
organization that prior to | 659 |
July 1, 2003, has not been licensed under this chapter to conduct | 660 |
bingo, instant bingo at a bingo session, or instant bingo other | 661 |
than at a bingo session, a license fee established by rule by the | 662 |
attorney general in accordance with division (H) of this section. | 663 |
(2) The application shall be in the form prescribed by the | 664 |
attorney general, shall be signed and sworn to by the applicant, | 665 |
and shall contain all of the following: | 666 |
(a) The name and post-office address of the applicant; | 667 |
(b) A statement that the applicant is a charitable | 668 |
organization and that it has been in continuous existence as a | 669 |
charitable organization in this state for two years immediately | 670 |
preceding the making of the application or for five years in the | 671 |
case of a fraternal organization or a nonprofit medical | 672 |
organization; | 673 |
(c) The location at which the organization will conduct | 674 |
bingo, which location shall be within the county in which the | 675 |
principal place of business of the applicant is located, the days | 676 |
of the week and the times on each of those days when bingo will be | 677 |
conducted, whether the organization owns, leases, or subleases the | 678 |
premises, and a copy of the rental agreement if it leases or | 679 |
subleases the premises; | 680 |
(d) A statement of the applicant's previous history, record, | 681 |
and association that is sufficient to establish that the applicant | 682 |
is a charitable organization, and a copy of a determination letter | 683 |
that is issued by the Internal Revenue Service and states that the | 684 |
organization is tax exempt under subsection 501(a) and described | 685 |
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), | 686 |
501(c)(10), or 501(c)(19) of the Internal Revenue Code; | 687 |
(e) A statement as to whether the applicant has ever had any | 688 |
previous application refused, whether it previously has had a | 689 |
license revoked or suspended, and the reason stated by the | 690 |
attorney general for the refusal, revocation, or suspension; | 691 |
(f) A statement of the charitable purposes for which the net | 692 |
profit derived from bingo, other than instant bingo, will be used, | 693 |
and a statement of how the net profit derived from instant bingo | 694 |
and charitable electronic instant bingo will be distributed in | 695 |
accordance with section 2915.101 of the Revised Code; | 696 |
(g) Other necessary and reasonable information that the | 697 |
attorney general may require by rule adopted pursuant to section | 698 |
111.15 of the Revised Code; | 699 |
(h) If the applicant is a charitable trust as defined in | 700 |
section 109.23 of the Revised Code, a statement as to whether it | 701 |
has registered with the attorney general pursuant to section | 702 |
109.26 of the Revised Code or filed annual reports pursuant to | 703 |
section 109.31 of the Revised Code, and, if it is not required to | 704 |
do either, the exemption in section 109.26 or 109.31 of the | 705 |
Revised Code that applies to it; | 706 |
(i) If the applicant is a charitable organization as defined | 707 |
in section 1716.01 of the Revised Code, a statement as to whether | 708 |
it has filed with the attorney general a registration statement | 709 |
pursuant to section 1716.02 of the Revised Code and a financial | 710 |
report pursuant to section 1716.04 of the Revised Code, and, if it | 711 |
is not required to do both, the exemption in section 1716.03 of | 712 |
the Revised Code that applies to it; | 713 |
(j) In the case of an applicant seeking to qualify as a youth | 714 |
athletic park organization, a statement issued by a board or body | 715 |
vested with authority under Chapter 755. of the Revised Code for | 716 |
the supervision and maintenance of recreation facilities in the | 717 |
territory in which the organization is located, certifying that | 718 |
the playing fields owned by the organization were used for at | 719 |
least one hundred days during the year in which the statement is | 720 |
issued, and were open for use to all residents of that territory, | 721 |
regardless of race, color, creed, religion, sex, or national | 722 |
origin, for athletic activities by youth athletic organizations | 723 |
that do not discriminate on the basis of race, color, creed, | 724 |
religion, sex, or national origin, and that the fields were not | 725 |
used for any profit-making activity at any time during the year. | 726 |
That type of board or body is authorized to issue the statement | 727 |
upon request and shall issue the statement if it finds that the | 728 |
applicant's playing fields were so used. | 729 |
(3) The attorney general, within thirty days after receiving | 730 |
a timely filed application from a charitable organization that has | 731 |
been issued a license under this section that has not expired and | 732 |
has not been revoked or suspended, shall send a temporary permit | 733 |
to the applicant specifying the date on which the application was | 734 |
filed with the attorney general and stating that, pursuant to | 735 |
section 119.06 of the Revised Code, the applicant may continue to | 736 |
conduct bingo until a new license is granted or, if the | 737 |
application is rejected, until fifteen days after notice of the | 738 |
rejection is mailed to the applicant. The temporary permit does | 739 |
not affect the validity of the applicant's application and does | 740 |
not grant any rights to the applicant except those rights | 741 |
specifically granted in section 119.06 of the Revised Code. The | 742 |
issuance of a temporary permit by the attorney general pursuant to | 743 |
this division does not prohibit the attorney general from | 744 |
rejecting the applicant's application because of acts that the | 745 |
applicant committed, or actions that the applicant failed to take, | 746 |
before or after the issuance of the temporary permit. | 747 |
(4) Within thirty days after receiving an initial license | 748 |
application from a charitable organization to conduct bingo, | 749 |
instant bingo at a bingo session, | 750 |
bingo session, or charitable electronic instant bingo, the | 751 |
attorney general shall conduct a preliminary review of the | 752 |
application and notify the applicant regarding any deficiencies. | 753 |
Once an application is deemed complete, or beginning on the | 754 |
thirtieth day after the application is filed, if the attorney | 755 |
general failed to notify the applicant of any deficiencies, the | 756 |
attorney general shall have an additional sixty days to conduct an | 757 |
investigation and either grant or deny the application based on | 758 |
findings established and communicated in accordance with divisions | 759 |
(B) and (E) of this section. As an option to granting or denying | 760 |
an initial license application, the attorney general may grant a | 761 |
temporary license and request additional time to conduct the | 762 |
investigation if the attorney general has cause to believe that | 763 |
additional time is necessary to complete the investigation and has | 764 |
notified the applicant in writing about the specific concerns | 765 |
raised during the investigation. | 766 |
(B)(1) The attorney general shall adopt rules to enforce | 767 |
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised | 768 |
Code to ensure that bingo
| 769 |
electronic instant bingo is conducted in accordance with those | 770 |
sections and to maintain proper control over the conduct of bingo | 771 |
772 | |
rules, except rules adopted pursuant to divisions (A)(2)(g) and | 773 |
(G) of this section, shall be adopted pursuant to Chapter 119. of | 774 |
the Revised Code. The attorney general shall license charitable | 775 |
organizations to conduct bingo, instant bingo at a bingo session, | 776 |
777 | |
electronic instant bingo in conformance with this chapter and with | 778 |
the licensing provisions of Chapter 119. of the Revised Code. | 779 |
(2) The attorney general may refuse to grant a license to any | 780 |
organization, or revoke or suspend the license of any | 781 |
organization, that does any of the following or to which any of | 782 |
the following applies: | 783 |
(a) Fails or has failed at any time to meet any requirement | 784 |
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to | 785 |
2915.11 of the Revised Code, or violates or has violated any | 786 |
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised | 787 |
Code or any rule adopted by the attorney general pursuant to this | 788 |
section; | 789 |
(b) Makes or has made an incorrect or false statement that is | 790 |
material to the granting of the license in an application filed | 791 |
pursuant to division (A) of this section; | 792 |
(c) Submits or has submitted any incorrect or false | 793 |
information relating to an application if the information is | 794 |
material to the granting of the license; | 795 |
(d) Maintains or has maintained any incorrect or false | 796 |
information that is material to the granting of the license in the | 797 |
records required to be kept pursuant to divisions (A) and (C) of | 798 |
section 2915.10 of the Revised Code, if applicable; | 799 |
(e) The attorney general has good cause to believe that the | 800 |
organization will not conduct bingo, instant bingo at a bingo | 801 |
session, | 802 |
charitable electronic instant bingo in accordance with sections | 803 |
2915.07 to 2915.13 of the Revised Code or with any rule adopted by | 804 |
the attorney general pursuant to this section. | 805 |
(3) For the purposes of division (B) of this section, any | 806 |
action of an officer, trustee, agent, representative, or bingo | 807 |
game operator of an organization is an action of the organization. | 808 |
(C) The attorney general may grant licenses to charitable | 809 |
organizations that are branches, lodges, or chapters of national | 810 |
charitable organizations. | 811 |
(D) The attorney general shall send notice in writing to the | 812 |
prosecuting attorney and sheriff of the county in which the | 813 |
organization will conduct bingo, instant bingo at a bingo session, | 814 |
815 | |
electronic instant bingo, as stated in its application for a | 816 |
license or amended license, and to any other law enforcement | 817 |
agency in that county that so requests, of all of the following: | 818 |
(1) The issuance of the license; | 819 |
(2) The issuance of the amended license; | 820 |
(3) The rejection of an application for and refusal to grant | 821 |
a license; | 822 |
(4) The revocation of any license previously issued; | 823 |
(5) The suspension of any license previously issued. | 824 |
(E) A license issued by the attorney general shall set forth | 825 |
the information contained on the application of the charitable | 826 |
organization that the attorney general determines is relevant, | 827 |
including, but not limited to, the location at which the | 828 |
organization will conduct bingo, instant bingo at a bingo session, | 829 |
830 | |
electronic instant bingo and the days of the week and the times on | 831 |
each of those days when bingo will be conducted. If the attorney | 832 |
general refuses to grant or revokes or suspends a license, the | 833 |
attorney general shall notify the applicant in writing and | 834 |
specifically identify the reason for the refusal, revocation, or | 835 |
suspension in narrative form and, if applicable, by identifying | 836 |
the section of the Revised Code violated. The failure of the | 837 |
attorney general to give the written notice of the reasons for the | 838 |
refusal, revocation, or suspension or a mistake in the written | 839 |
notice does not affect the validity of the attorney general's | 840 |
refusal to grant, or the revocation or suspension of, a license. | 841 |
If the attorney general fails to give the written notice or if | 842 |
there is a mistake in the written notice, the applicant may bring | 843 |
an action to compel the attorney general to comply with this | 844 |
division or to correct the mistake, but the attorney general's | 845 |
order refusing to grant, or revoking or suspending, a license | 846 |
shall not be enjoined during the pendency of the action. | 847 |
(F) A charitable organization that has been issued a license | 848 |
pursuant to division (B) of this section but that cannot conduct | 849 |
bingo
| 850 |
the location, or on the day of the week or at the time, specified | 851 |
on the license due to circumstances that make it impractical to do | 852 |
so may apply in writing, together with an application fee of two | 853 |
hundred fifty dollars, to the attorney general, at least thirty | 854 |
days prior to a change in location, day of the week, or time, and | 855 |
request an amended license. The application shall describe the | 856 |
causes making it impractical for the organization to conduct bingo | 857 |
858 | |
conformity with its license and shall indicate the location, days | 859 |
of the week, and times on each of those days when it desires to | 860 |
conduct bingo
| 861 |
bingo. Except as otherwise provided in this division, the attorney | 862 |
general shall issue the amended license in accordance with | 863 |
division (E) of this section, and the organization shall surrender | 864 |
its original license to the attorney general. The attorney general | 865 |
may refuse to grant an amended license according to the terms of | 866 |
division (B) of this section. | 867 |
(G) The attorney general, by rule adopted pursuant to section | 868 |
111.15 of the Revised Code, shall establish a schedule of reduced | 869 |
license fees for charitable organizations that desire to conduct | 870 |
bingo
| 871 |
during fewer than twenty-six weeks in any calendar year. | 872 |
(H) The attorney general, by rule adopted pursuant to section | 873 |
111.15 of the Revised Code, shall establish license fees for the | 874 |
conduct of bingo, instant bingo at a bingo session, | 875 |
bingo other than at a bingo session, or charitable electronic | 876 |
instant bingo for charitable organizations that prior to | 877 |
878 | |
licensed to conduct bingo, instant bingo at a bingo session, | 879 |
instant bingo other than at a bingo session, or charitable | 880 |
electronic instant bingo under this chapter. | 881 |
(I) The attorney general may enter into a written contract | 882 |
with any other state agency to delegate to that state agency the | 883 |
powers prescribed to the attorney general under Chapter 2915. of | 884 |
the Revised Code. | 885 |
(J) The attorney general, by rule adopted pursuant to section | 886 |
111.15 of the Revised Code, may adopt rules to determine the | 887 |
requirements for a charitable organization that is exempt from | 888 |
federal income taxation under subsection 501(a) and described in | 889 |
subsection 501(c)(3) of the Internal Revenue Code to be in good | 890 |
standing in the state. | 891 |
Sec. 2915.081. (A) No distributor shall sell, offer to sell, | 892 |
or otherwise provide or offer to provide bingo supplies to another | 893 |
person, or modify, convert, add to, or remove parts from bingo | 894 |
supplies to further their promotion or sale, for use in this state | 895 |
without having obtained a license from the attorney general under | 896 |
this section. | 897 |
(B) The attorney general may issue a distributor license to | 898 |
any person that meets the requirements of this section. The | 899 |
application for the license shall be on a form prescribed by the | 900 |
attorney general and be accompanied by the annual fee prescribed | 901 |
by this section. The license is valid for a period of one year, | 902 |
and the annual fee for the license is five thousand dollars. | 903 |
(C) The attorney general may refuse to issue a distributor | 904 |
license to any person to which any of the following applies, or to | 905 |
any person that has an officer, partner, or other person who has | 906 |
an ownership interest of ten per cent or more and to whom any of | 907 |
the following applies: | 908 |
(1) The person, officer, or partner has been convicted of a | 909 |
felony under the laws of this state, another state, or the United | 910 |
States. | 911 |
(2) The person, officer, or partner has been convicted of any | 912 |
gambling offense. | 913 |
(3) The person, officer, or partner has made an incorrect or | 914 |
false statement that is material to the granting of a license in | 915 |
an application submitted to the attorney general under this | 916 |
section or in a similar application submitted to a gambling | 917 |
licensing authority in another jurisdiction if the statement | 918 |
resulted in license revocation through administrative action in | 919 |
the other jurisdiction. | 920 |
(4) The person, officer, or partner has submitted any | 921 |
incorrect or false information relating to the application to the | 922 |
attorney general under this section, if the information is | 923 |
material to the granting of the license. | 924 |
(5) The person, officer, or partner has failed to correct any | 925 |
incorrect or false information that is material to the granting of | 926 |
the license in the records required to be maintained under | 927 |
division (E) of section 2915.10 of the Revised Code. | 928 |
(6) The person, officer, or partner has had a license related | 929 |
to gambling revoked or suspended under the laws of this state, | 930 |
another state, or the United States. | 931 |
(D) The attorney general shall not issue a distributor | 932 |
license to any person that is involved in the conduct of bingo on | 933 |
behalf of a charitable organization or that is a lessor of | 934 |
premises used for the conduct of bingo. This division does not | 935 |
prohibit a distributor from advising charitable organizations on | 936 |
the use and benefit of specific bingo supplies or prohibit a | 937 |
distributor from advising a customer on operational methods to | 938 |
improve bingo profitability. | 939 |
(E)(1) No distributor shall sell, offer to sell, or otherwise | 940 |
provide or offer to provide bingo supplies to any person, or | 941 |
modify, convert, add to, or remove parts from bingo supplies to | 942 |
further their promotion or sale, for use in this state except to | 943 |
or for the use of a charitable organization that has been issued a | 944 |
license under section 2915.08 of the Revised Code or to another | 945 |
distributor that has been issued a license under this section. No | 946 |
distributor shall accept payment for the sale or other provision | 947 |
of bingo supplies other than by check or electronic fund transfer. | 948 |
(2) No distributor may donate, give, loan, lease, or | 949 |
otherwise provide any bingo supplies or equipment, or modify, | 950 |
convert, add to, or remove parts from bingo supplies to further | 951 |
their promotion or sale, to or for the use of a charitable | 952 |
organization for use in a bingo session conditioned on or in | 953 |
consideration for an exclusive right to provide bingo supplies to | 954 |
the charitable organization. A distributor may provide a licensed | 955 |
charitable organization with free samples of the distributor's | 956 |
products to be used as prizes or to be used for the purpose of | 957 |
sampling. | 958 |
(3) No distributor shall purchase bingo supplies for use in | 959 |
this state from any person except from a manufacturer issued a | 960 |
license under section 2915.082 of the Revised Code or from another | 961 |
distributor issued a license under this section. Subject to | 962 |
division (D) of section 2915.082 of the Revised Code, no | 963 |
distributor shall pay for purchased bingo supplies other than by | 964 |
check or electronic fund transfer. | 965 |
(4) No distributor shall participate in the conduct of bingo | 966 |
on behalf of a charitable organization or have any direct or | 967 |
indirect ownership interest in a premises used for the conduct of | 968 |
bingo. | 969 |
(5) No distributor shall knowingly solicit, offer, pay, or | 970 |
receive any kickback, bribe, or undocumented rebate, directly or | 971 |
indirectly, overtly or covertly, in cash or in kind, in return for | 972 |
providing bingo supplies to any person in this state. | 973 |
(6) Except as provided by and through the negotiations of the | 974 |
Ohio statewide veterans, fraternal, and sporting coalition, no | 975 |
distributor shall sell, offer to sell, give, loan, lease, or | 976 |
otherwise provide or offer to provide charitable electronic | 977 |
instant bingo to any veterans, fraternal, or sporting organization | 978 |
that has been issued a license under section 2915.08 of the | 979 |
Revised Code to conduct charitable electronic instant bingo. | 980 |
(F) The attorney general shall affix a seal to a device a | 981 |
distributor intends to sell, offer to sell, or otherwise provide | 982 |
to a licensed organization to be used to conduct charitable | 983 |
electronic instant bingo if the attorney general finds the device | 984 |
meets the standards required under the law of this state. No | 985 |
distributor of charitable electronic instant bingo shall sell, | 986 |
offer to sell, or otherwise provide such a device to conduct | 987 |
charitable electronic instant bingo unless the device is affixed | 988 |
with the seal. | 989 |
(G) The attorney general may suspend or revoke a distributor | 990 |
license for any of the reasons for which the attorney general may | 991 |
refuse to issue a distributor license specified in division (C) of | 992 |
this section or if the distributor holding the license violates | 993 |
any provision of this chapter or any rule adopted by the attorney | 994 |
general under this chapter. | 995 |
| 996 |
is guilty of illegally operating as a distributor. Except as | 997 |
otherwise provided in this division, illegally operating as a | 998 |
distributor is a misdemeanor of the first degree. If the offender | 999 |
previously has been convicted of a violation of division (A) or | 1000 |
(E) of this section, illegally operating as a distributor is a | 1001 |
felony of the fifth degree. | 1002 |
Sec. 2915.083. (A) The Ohio statewide veterans, fraternal, | 1003 |
and sporting coalition is hereby recognized. | 1004 |
(B) For all charitable organizations licensed to conduct | 1005 |
charitable electronic instant bingo under section 2915.08 of the | 1006 |
Revised Code, the coalition shall negotiate, and as agreed to by a | 1007 |
majority of the coalition's members, all contract terms for | 1008 |
provision and maintenance of charitable electronic instant bingo. | 1009 |
No charitable organization that has been issued a license under | 1010 |
section 2915.08 of the Revised Code to conduct charitable | 1011 |
electronic instant bingo shall enter into a contract with a | 1012 |
distributor to buy, offer to buy, get, loan, lease, or otherwise | 1013 |
be provided or offered to be provided charitable electronic | 1014 |
instant bingo other than as negotiated by the coalition. | 1015 |
Sec. 2915.09. (A) No charitable organization that conducts | 1016 |
bingo shall fail to do any of the following: | 1017 |
(1) Own all of the equipment used to conduct bingo or lease | 1018 |
that equipment from a charitable organization that is licensed to | 1019 |
conduct bingo, or from the landlord of a premises where bingo is | 1020 |
conducted, for a rental rate that is not more than is customary | 1021 |
and reasonable for that equipment; | 1022 |
(2) Except as otherwise provided in division (A)(3) of this | 1023 |
section, use all of the gross receipts from bingo for paying | 1024 |
prizes, for reimbursement of expenses for or for renting premises | 1025 |
in which to conduct a bingo session, for reimbursement of expenses | 1026 |
for or for purchasing or leasing bingo supplies used in conducting | 1027 |
bingo, for reimbursement of expenses for or for hiring security | 1028 |
personnel, for reimbursement of expenses for or for advertising | 1029 |
bingo, or for reimbursement of other expenses or for other | 1030 |
expenses listed in division (LL) of section 2915.01 of the Revised | 1031 |
Code, provided that the amount of the receipts so spent is not | 1032 |
more than is customary and reasonable for a similar purchase, | 1033 |
lease, hiring, advertising, or expense. If the building in which | 1034 |
bingo is conducted is owned by the charitable organization | 1035 |
conducting bingo and the bingo conducted includes a form of bingo | 1036 |
described in division (S)(1) of section 2915.01 of the Revised | 1037 |
Code, the charitable organization may deduct from the total amount | 1038 |
of the gross receipts from each session a sum equal to the lesser | 1039 |
of six hundred dollars or forty-five per cent of the gross | 1040 |
receipts from the bingo described in that division as | 1041 |
consideration for the use of the premises. | 1042 |
(3) Use, or give, donate, or otherwise transfer, all of the | 1043 |
net profit derived from bingo, other than instant bingo, for a | 1044 |
charitable purpose listed in its license application and described | 1045 |
in division (Z) of section 2915.01 of the Revised Code, or | 1046 |
distribute all of the net profit from the proceeds of the sale of | 1047 |
instant bingo or charitable electronic instant bingo as stated in | 1048 |
its license application and in accordance with section 2915.101 of | 1049 |
the Revised Code. | 1050 |
(B) No charitable organization that conducts a bingo game | 1051 |
described in division (S)(1) of section 2915.01 of the Revised | 1052 |
Code shall fail to do any of the following: | 1053 |
(1) Conduct the bingo game on premises that are owned by the | 1054 |
charitable organization, on premises that are owned by another | 1055 |
charitable organization and leased from that charitable | 1056 |
organization for a rental rate not in excess of the lesser of six | 1057 |
hundred dollars per bingo session or forty-five per cent of the | 1058 |
gross receipts of the bingo session, on premises that are leased | 1059 |
from a person other than a charitable organization for a rental | 1060 |
rate that is not more than is customary and reasonable for | 1061 |
premises that are similar in location, size, and quality but not | 1062 |
in excess of four hundred fifty dollars per bingo session, or on | 1063 |
premises that are owned by a person other than a charitable | 1064 |
organization, that are leased from that person by another | 1065 |
charitable organization, and that are subleased from that other | 1066 |
charitable organization by the charitable organization for a | 1067 |
rental rate not in excess of four hundred fifty dollars per bingo | 1068 |
session. If the charitable organization leases from a person other | 1069 |
than a charitable organization the premises on which it conducts | 1070 |
bingo sessions, the lessor of the premises shall provide the | 1071 |
premises to the organization and shall not provide the | 1072 |
organization with bingo game operators, security personnel, | 1073 |
concessions or concession operators, bingo supplies, or any other | 1074 |
type of service. A charitable organization shall not lease or | 1075 |
sublease premises that it owns or leases to more than one other | 1076 |
charitable organization per calendar week for the purpose of | 1077 |
conducting bingo sessions on the premises. A person that is not a | 1078 |
charitable organization shall not lease premises that it owns, | 1079 |
leases, or otherwise is empowered to lease to more than three | 1080 |
charitable organizations per calendar week for conducting bingo | 1081 |
sessions on the premises. In no case shall more than nine bingo | 1082 |
sessions be conducted on any premises in any calendar week. | 1083 |
(2) Display its license conspicuously at the premises where | 1084 |
the bingo session is conducted; | 1085 |
(3) Conduct the bingo session in accordance with the | 1086 |
definition of bingo set forth in division (S)(1) of section | 1087 |
2915.01 of the Revised Code. | 1088 |
(C) No charitable organization that conducts a bingo game | 1089 |
described in division (S)(1) of section 2915.01 of the Revised | 1090 |
Code shall do any of the following: | 1091 |
(1) Pay any compensation to a bingo game operator for | 1092 |
operating a bingo session that is conducted by the charitable | 1093 |
organization or for preparing, selling, or serving food or | 1094 |
beverages at the site of the bingo session, permit any auxiliary | 1095 |
unit or society of the charitable organization to pay compensation | 1096 |
to any bingo game operator who prepares, sells, or serves food or | 1097 |
beverages at a bingo session conducted by the charitable | 1098 |
organization, or permit any auxiliary unit or society of the | 1099 |
charitable organization to prepare, sell, or serve food or | 1100 |
beverages at a bingo session conducted by the charitable | 1101 |
organization, if the auxiliary unit or society pays any | 1102 |
compensation to the bingo game operators who prepare, sell, or | 1103 |
serve the food or beverages; | 1104 |
(2) Pay consulting fees to any person for any services | 1105 |
performed in relation to the bingo session; | 1106 |
(3) Pay concession fees to any person who provides | 1107 |
refreshments to the participants in the bingo session; | 1108 |
(4) Except as otherwise provided in division (C)(4) of this | 1109 |
section, conduct more than three bingo sessions in any seven-day | 1110 |
period. A volunteer firefighter's organization or a volunteer | 1111 |
rescue service organization that conducts not more than five bingo | 1112 |
sessions in a calendar year may conduct more than three bingo | 1113 |
sessions in a seven-day period after notifying the attorney | 1114 |
general when it will conduct the sessions. | 1115 |
(5) Pay out more than six thousand dollars in prizes for | 1116 |
bingo games described in division (S)(1) of section 2915.01 of the | 1117 |
Revised Code during any bingo session that is conducted by the | 1118 |
charitable organization. "Prizes" does not include awards from the | 1119 |
conduct of instant bingo. | 1120 |
(6) Conduct a bingo session at any time during the ten-hour | 1121 |
period between midnight and ten a.m., at any time during, or | 1122 |
within ten hours of, a bingo game conducted for amusement only | 1123 |
pursuant to section 2915.12 of the Revised Code, at any premises | 1124 |
not specified on its license, or on any day of the week or during | 1125 |
any time period not specified on its license. Division (A)(6) of | 1126 |
this section does not prohibit the sale of instant bingo tickets | 1127 |
beginning at nine a.m. for a bingo session that begins at ten a.m. | 1128 |
If circumstances make it impractical for the charitable | 1129 |
organization to conduct a bingo session at the premises, or on the | 1130 |
day of the week or at the time, specified on its license or if a | 1131 |
charitable organization wants to conduct bingo sessions on a day | 1132 |
of the week or at a time other than the day or time specified on | 1133 |
its license, the charitable organization may apply in writing to | 1134 |
the attorney general for an amended license pursuant to division | 1135 |
(F) of section 2915.08 of the Revised Code. A charitable | 1136 |
organization may apply twice in each calendar year for an amended | 1137 |
license to conduct bingo sessions on a day of the week or at a | 1138 |
time other than the day or time specified on its license. If the | 1139 |
amended license is granted, the organization may conduct bingo | 1140 |
sessions at the premises, on the day of the week, and at the time | 1141 |
specified on its amended license. | 1142 |
(7) Permit any person whom the charitable organization knows, | 1143 |
or should have known, is under the age of eighteen to work as a | 1144 |
bingo game operator; | 1145 |
(8) Permit any person whom the charitable organization knows, | 1146 |
or should have known, has been convicted of a felony or gambling | 1147 |
offense in any jurisdiction to be a bingo game operator; | 1148 |
(9) Permit the lessor of the premises on which the bingo | 1149 |
session is conducted, if the lessor is not a charitable | 1150 |
organization, to provide the charitable organization with bingo | 1151 |
game operators, security personnel, concessions, bingo supplies, | 1152 |
or any other type of service; | 1153 |
(10) Purchase or lease bingo supplies from any person except | 1154 |
a distributor issued a license under section 2915.081 of the | 1155 |
Revised Code; | 1156 |
(11)(a) Use or permit the use of electronic bingo aids except | 1157 |
under the following circumstances: | 1158 |
(i) For any single participant, not more than ninety bingo | 1159 |
faces can be played using an electronic bingo aid or aids. | 1160 |
(ii) The charitable organization shall provide a participant | 1161 |
using an electronic bingo aid with corresponding paper bingo cards | 1162 |
or sheets. | 1163 |
(iii) The total price of bingo faces played with an | 1164 |
electronic bingo aid shall be equal to the total price of the same | 1165 |
number of bingo faces played with a paper bingo card or sheet sold | 1166 |
at the same bingo session but without an electronic bingo aid. | 1167 |
(iv) An electronic bingo aid cannot be part of an electronic | 1168 |
network other than a network that includes only bingo aids and | 1169 |
devices that are located on the premises at which the bingo is | 1170 |
being conducted or be interactive with any device not located on | 1171 |
the premises at which the bingo is being conducted. | 1172 |
(v) An electronic bingo aid cannot be used to participate in | 1173 |
bingo that is conducted at a location other than the location at | 1174 |
which the bingo session is conducted and at which the electronic | 1175 |
bingo aid is used. | 1176 |
(vi) An electronic bingo aid cannot be used to provide for | 1177 |
the input of numbers and letters announced by a bingo caller other | 1178 |
than the bingo caller who physically calls the numbers and letters | 1179 |
at the location at which the bingo session is conducted and at | 1180 |
which the electronic bingo aid is used. | 1181 |
(b) The attorney general may adopt rules in accordance with | 1182 |
Chapter 119. of the Revised Code that govern the use of electronic | 1183 |
bingo aids. The rules may include a requirement that an electronic | 1184 |
bingo aid be capable of being audited by the attorney general to | 1185 |
verify the number of bingo cards or sheets played during each | 1186 |
bingo session. | 1187 |
(12) Permit any person the charitable organization knows, or | 1188 |
should have known, to be under eighteen years of age to play bingo | 1189 |
described in division (S)(1) of section 2915.01 of the Revised | 1190 |
Code. | 1191 |
(D)(1) Except as otherwise provided in division (D)(3) of | 1192 |
this section, no charitable organization shall provide to a bingo | 1193 |
game operator, and no bingo game operator shall receive or accept, | 1194 |
any commission, wage, salary, reward, tip, donation, gratuity, or | 1195 |
other form of compensation, directly or indirectly, regardless of | 1196 |
the source, for conducting bingo or providing other work or labor | 1197 |
at the site of bingo during a bingo session. | 1198 |
(2) Except as otherwise provided in division (D)(3) of this | 1199 |
section, no charitable organization shall provide to a bingo game | 1200 |
operator any commission, wage, salary, reward, tip, donation, | 1201 |
gratuity, or other form of compensation, directly or indirectly, | 1202 |
regardless of the source, for conducting instant bingo other than | 1203 |
at a bingo session at the site of instant bingo other than at a | 1204 |
bingo session. | 1205 |
(3) Nothing in division (D) of this section prohibits an | 1206 |
employee of a fraternal organization, veteran's organization, or | 1207 |
sporting organization from selling instant bingo tickets or cards | 1208 |
to the organization's members or invited guests, as long as no | 1209 |
portion of the employee's compensation is paid from any receipts | 1210 |
of bingo. | 1211 |
(E) Notwithstanding division (B)(1) of this section, a | 1212 |
charitable organization that, prior to December 6, 1977, has | 1213 |
entered into written agreements for the lease of premises it owns | 1214 |
to another charitable organization or other charitable | 1215 |
organizations for the conducting of bingo sessions so that more | 1216 |
than two bingo sessions are conducted per calendar week on the | 1217 |
premises, and a person that is not a charitable organization and | 1218 |
that, prior to December 6, 1977, has entered into written | 1219 |
agreements for the lease of premises it owns to charitable | 1220 |
organizations for the conducting of more than two bingo sessions | 1221 |
per calendar week on the premises, may continue to lease the | 1222 |
premises to those charitable organizations, provided that no more | 1223 |
than four sessions are conducted per calendar week, that the | 1224 |
lessor organization or person has notified the attorney general in | 1225 |
writing of the organizations that will conduct the sessions and | 1226 |
the days of the week and the times of the day on which the | 1227 |
sessions will be conducted, that the initial lease entered into | 1228 |
with each organization that will conduct the sessions was filed | 1229 |
with the attorney general prior to December 6, 1977, and that each | 1230 |
organization that will conduct the sessions was issued a license | 1231 |
to conduct bingo games by the attorney general prior to December | 1232 |
6, 1977. | 1233 |
(F) This section does not prohibit a bingo licensed | 1234 |
charitable organization or a game operator from giving any person | 1235 |
an instant bingo ticket as a prize. | 1236 |
(G) Whoever violates division (A)(2) of this section is | 1237 |
guilty of illegally conducting a bingo game, a felony of the | 1238 |
fourth degree. Except as otherwise provided in this division, | 1239 |
whoever violates division (A)(1) or (3), (B)(1), (2), or (3), | 1240 |
(C)(1) to (12), or (D) of this section is guilty of a minor | 1241 |
misdemeanor. If the offender previously has been convicted of a | 1242 |
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) | 1243 |
to (11), or (D) of this section, a violation of division (A)(1) or | 1244 |
(3), (B)(1), (2), or (3), (C), or (D) of this section is a | 1245 |
misdemeanor of the first degree. Whoever violates division (C)(12) | 1246 |
of this section is guilty of a misdemeanor of the first degree, if | 1247 |
the offender previously has been convicted of a violation of | 1248 |
division (C)(12) of this section, a felony of the fourth degree. | 1249 |
Sec. 2915.095. The attorney general, by rule adopted pursuant | 1250 |
to section 111.15 of the Revised Code, shall establish a standard | 1251 |
contract to be used by a charitable instant bingo organization, a | 1252 |
veteran's organization, | 1253 |
organization for the conduct of instant bingo other than at a | 1254 |
bingo session or charitable electronic instant bingo. The terms of | 1255 |
the contract shall be limited to the provisions in Chapter 2915. | 1256 |
of the Revised Code. | 1257 |
Sec. 2915.096. (A) No charitable organization that conducts | 1258 |
charitable electronic instant bingo shall do any of the following: | 1259 |
(1) Fail to comply with the requirements of divisions (A)(1), | 1260 |
(2), and (3) of section 2915.09 of the Revised Code; | 1261 |
(2) Conduct charitable electronic instant bingo unless that | 1262 |
organization is, and has received from the internal revenue | 1263 |
service a determination letter that is currently in effect stating | 1264 |
that the organization is, exempt from federal income taxation | 1265 |
under subsection 501(a), is described in subsection 501(c)(7), | 1266 |
501(c)(8), 501(c)(10), or 501(c)(19), or is a veteran's | 1267 |
organization described in subsection 501(c)(4) of the Internal | 1268 |
Revenue Code, and conducts instant bingo under section 2915.13 of | 1269 |
the Revised Code; | 1270 |
(3) Conduct charitable electronic instant bingo on any day, | 1271 |
at any time, or at any premises not specified on the | 1272 |
organization's license issued under section 2915.08 of the Revised | 1273 |
Code; | 1274 |
(4) Permit any person whom the organization knows or should | 1275 |
have known has been convicted of a felony or gambling offense in | 1276 |
any jurisdiction to operate or perform any type of maintenance in | 1277 |
the conduct of charitable electronic instant bingo; | 1278 |
(5) Purchase or lease supplies used to conduct charitable | 1279 |
electronic instant bingo from any person except a distributor | 1280 |
licensed under section 2915.081 of the Revised Code; | 1281 |
(6) Allow a person under eighteen years of age to play, | 1282 |
wager, operate, or perform any type of maintenance in the conduct | 1283 |
of charitable electronic instant bingo; | 1284 |
(7) Pay any compensation to a bingo maintenance person for | 1285 |
conducting charitable electronic instant bingo; | 1286 |
(8) Pay fees to any person who provides refreshments to | 1287 |
charitable electronic instant bingo participants from the profits | 1288 |
of the charitable electronic instant bingo; | 1289 |
(9) Allow charitable electronic instant bingo to be played by | 1290 |
a bingo maintenance person at a premises at which the organization | 1291 |
conducts charitable electronic instant bingo or to be played by | 1292 |
employees of a person issued a D liquor permit under Chapter 4303. | 1293 |
of the Revised Code who are working at a premises at which | 1294 |
charitable electronic instant bingo is conducted; | 1295 |
(10) Possess a charitable electronic instant bingo machine | 1296 |
that was not purchased or leased from a distributor licensed under | 1297 |
section 2915.081 of the Revised Code as reflected on a seal | 1298 |
affixed by the attorney general under that section; | 1299 |
(11) Fail to pay a player for any reason other than fraud by | 1300 |
the player or malfunction of the machine; | 1301 |
(12) Possess charitable electronic instant bingo supplies | 1302 |
that were not obtained in accordance with sections 2915.01 to | 1303 |
2915.13 of the Revised Code. | 1304 |
(B) A veteran's organization, fraternal organization, or | 1305 |
sporting organization that conducts charitable electronic instant | 1306 |
bingo shall limit the conduct of charitable electronic instant | 1307 |
bingo to the organization's premises and to the organization's | 1308 |
members and invited guests. | 1309 |
(C) A veteran's organization, fraternal organization, or | 1310 |
sporting organization with a membership of at least one hundred | 1311 |
members shall be permitted up to four charitable electronic | 1312 |
instant bingo machines. Each organization shall be permitted one | 1313 |
additional machine for each additional one hundred members, with a | 1314 |
maximum of twenty total machines for each organization. | 1315 |
(D) If a veteran's organization, fraternal organization, or | 1316 |
sporting organization licensed to conduct charitable electronic | 1317 |
instant bingo under section 2915.08 of the Revised Code has been | 1318 |
issued a liquor permit under Chapter 4303. of the Revised Code, | 1319 |
the liquor permit may be subject to suspension, revocation, or | 1320 |
cancellation if the organization violates this chapter. | 1321 |
(E) The attorney general may adopt rules under Chapter 119. | 1322 |
of the Revised Code to govern the conduct of charitable electronic | 1323 |
instant bingo. Before adopting any such rules, the attorney | 1324 |
general shall reference the recommended standards for | 1325 |
randomization, minimum information, winner protection, and other | 1326 |
standards established by the North American gaming regulators | 1327 |
association. | 1328 |
(F) Whoever violates division (A) of this section or a rule | 1329 |
adopted under division (E) of this section is guilty of illegal | 1330 |
charitable electronic instant bingo conduct. For the first | 1331 |
offense, illegal charitable electronic instant bingo conduct is a | 1332 |
misdemeanor of the first degree. For each subsequent offense, | 1333 |
illegal charitable electronic instant bingo conduct is a felony of | 1334 |
the fifth degree. | 1335 |
Sec. 2915.101. Except as otherwise provided by law, a | 1336 |
charitable organization that conducts instant bingo or charitable | 1337 |
electronic instant bingo shall distribute the net profit from the | 1338 |
proceeds of the sale of instant bingo or charitable electronic | 1339 |
instant bingo as follows: | 1340 |
(A)(1) If a veteran's organization, a fraternal organization, | 1341 |
or a sporting organization conducted the instant bingo or | 1342 |
charitable electronic instant bingo, the organization shall | 1343 |
distribute the net profit from the proceeds of the sale of instant | 1344 |
bingo or charitable electronic instant bingo, as follows: | 1345 |
(a) For the first two hundred fifty thousand dollars, or a | 1346 |
greater amount prescribed by the attorney general to adjust for | 1347 |
changes in prices as measured by the consumer price index as | 1348 |
defined in section 325.18 of the Revised Code and other factors | 1349 |
affecting the organization's expenses as defined in division (LL) | 1350 |
of section 2915.01 of the Revised Code, or less of net profit from | 1351 |
the proceeds of the sale of instant bingo or charitable electronic | 1352 |
instant bingo generated in a calendar year: | 1353 |
(i) At least twenty-five per cent shall be distributed to an | 1354 |
organization described in division (Z)(1) of section 2915.01 of | 1355 |
the Revised Code or to a department or agency of the federal | 1356 |
government, the state, or any political subdivision. | 1357 |
(ii) Not more than seventy-five per cent may be deducted and | 1358 |
retained by the organization for reimbursement of or for the | 1359 |
organization's expenses, as defined in division (LL) of section | 1360 |
2915.01 of the Revised Code, in conducting the instant bingo or | 1361 |
charitable electronic instant bingo game. | 1362 |
(b) For any net profit from the proceeds of the sale of | 1363 |
instant bingo or charitable electronic instant bingo of more than | 1364 |
two hundred fifty thousand dollars or an adjusted amount generated | 1365 |
in a calendar year: | 1366 |
(i) A minimum of fifty per cent shall be distributed to an | 1367 |
organization described in division (Z)(1) of section 2915.01 of | 1368 |
the Revised Code or to a department or agency of the federal | 1369 |
government, the state, or any political subdivision. | 1370 |
(ii) Five per cent may be distributed for the organization's | 1371 |
own charitable purposes or to a community action agency. | 1372 |
(iii) Forty-five per cent may be deducted and retained by the | 1373 |
organization for reimbursement of or for the organization's | 1374 |
expenses, as defined in division (LL) of section 2915.01 of the | 1375 |
Revised Code, in conducting the instant bingo or charitable | 1376 |
electronic instant bingo game. | 1377 |
(2) If a veteran's organization, a fraternal organization, or | 1378 |
a sporting organization does not distribute the full percentages | 1379 |
specified in divisions (A)(1)(a) and (b) of this section for the | 1380 |
purposes specified in those divisions, the organization shall | 1381 |
distribute the balance of the net profit from the proceeds of the | 1382 |
sale of instant bingo or charitable electronic instant bingo not | 1383 |
distributed or retained for those purposes to an organization | 1384 |
described in division (Z)(1) of section 2915.01 of the Revised | 1385 |
Code. | 1386 |
(B) If a charitable organization other than a veteran's | 1387 |
organization, a fraternal organization, or a sporting organization | 1388 |
conducted the instant bingo or charitable electronic instant | 1389 |
bingo, the organization shall distribute one hundred per cent of | 1390 |
the net profit from the proceeds of the sale of instant bingo or | 1391 |
charitable electronic instant bingo to an organization described | 1392 |
in division (Z)(1) of section 2915.01 of the Revised Code or to a | 1393 |
department or agency of the federal government, the state, or any | 1394 |
political subdivision. | 1395 |
(C) Nothing in this section prohibits a veteran's | 1396 |
organization, a fraternal organization, or a sporting organization | 1397 |
from distributing any net profit from the proceeds of the sale of | 1398 |
instant bingo or charitable electronic instant bingo to an | 1399 |
organization that is described in subsection 501(c)(3) of the | 1400 |
Internal Revenue Code when the organization that is described in | 1401 |
subsection 501(c)(3) of the Internal Revenue Code is one that | 1402 |
makes donations to other organizations and permits donors to | 1403 |
advise or direct such donations so long as the donations comply | 1404 |
with requirements established in or pursuant to subsection | 1405 |
501(c)(3) of the Internal Revenue Code. | 1406 |
Sec. 2915.12. (A) Sections 2915.07 to 2915.11 of the Revised | 1407 |
Code do not apply to bingo games that are conducted for the | 1408 |
purpose of amusement only. A bingo game is conducted for the | 1409 |
purpose of amusement only if it complies with all of the | 1410 |
requirements specified in either division (A)(1) or (2) of this | 1411 |
section: | 1412 |
(1)(a) The participants do not pay any money or any other | 1413 |
thing of value including an admission fee, or any fee for bingo | 1414 |
cards or sheets, objects to cover the spaces, or other devices | 1415 |
used in playing bingo, for the privilege of participating in the | 1416 |
bingo game, or to defray any costs of the game, or pay tips or | 1417 |
make donations during or immediately before or after the bingo | 1418 |
game. | 1419 |
(b) All prizes awarded during the course of the game are | 1420 |
nonmonetary, and in the form of merchandise, goods, or | 1421 |
entitlements to goods or services only, and the total value of all | 1422 |
prizes awarded during the game is less than one hundred dollars. | 1423 |
(c) No commission, wages, salary, reward, tip, donation, | 1424 |
gratuity, or other form of compensation, either directly or | 1425 |
indirectly, and regardless of the source, is paid to any bingo | 1426 |
game operator for work or labor performed at the site of the bingo | 1427 |
game. | 1428 |
(d) The bingo game is not conducted either during or within | 1429 |
ten hours of any of the following: | 1430 |
(i) A bingo session during which a charitable bingo game is | 1431 |
conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 1432 |
Code; | 1433 |
(ii) A scheme or game of chance, or bingo described in | 1434 |
division (S)(2) of section 2915.01 of the Revised Code. | 1435 |
(e) The number of players participating in the bingo game | 1436 |
does not exceed fifty. | 1437 |
(2)(a) The participants do not pay money or any other thing | 1438 |
of value as an admission fee, and no participant is charged more | 1439 |
than twenty-five cents to purchase a bingo card or sheet, objects | 1440 |
to cover the spaces, or other devices used in playing bingo. | 1441 |
(b) The total amount of money paid by all of the participants | 1442 |
for bingo cards or sheets, objects to cover the spaces, or other | 1443 |
devices used in playing bingo does not exceed one hundred dollars. | 1444 |
(c) All of the money paid for bingo cards or sheets, objects | 1445 |
to cover spaces, or other devices used in playing bingo is used | 1446 |
only to pay winners monetary and nonmonetary prizes and to provide | 1447 |
refreshments. | 1448 |
(d) The total value of all prizes awarded during the game | 1449 |
does not exceed one hundred dollars. | 1450 |
(e) No commission, wages, salary, reward, tip, donation, | 1451 |
gratuity, or other form of compensation, either directly or | 1452 |
indirectly, and regardless of the source, is paid to any bingo | 1453 |
game operator for work or labor performed at the site of the bingo | 1454 |
game. | 1455 |
(f) The bingo game is not conducted during or within ten | 1456 |
hours of either of the following: | 1457 |
(i) A bingo session during which a charitable bingo game is | 1458 |
conducted pursuant to sections 2915.07 to 2915.11 of the Revised | 1459 |
Code; | 1460 |
(ii) A scheme of chance or game of chance, or bingo described | 1461 |
in division (S)(2) or (3) of section 2915.01 of the Revised Code. | 1462 |
(g) All of the participants reside at the premises where the | 1463 |
bingo game is conducted. | 1464 |
(h) The bingo games are conducted on different days of the | 1465 |
week and not more than twice in a calendar week. | 1466 |
(B) The attorney general or any local law enforcement agency | 1467 |
may investigate the conduct of a bingo game that purportedly is | 1468 |
conducted for purposes of amusement only if there is reason to | 1469 |
believe that the purported amusement bingo game does not comply | 1470 |
with the requirements of either division (A)(1) or (2) of this | 1471 |
section. A local law enforcement agency may proceed by action in | 1472 |
the proper court to enforce this section if the local law | 1473 |
enforcement agency gives written notice to the attorney general | 1474 |
when commencing the action. | 1475 |
Section 2. That existing sections 2915.01, 2915.08, | 1476 |
2915.081, 2915.09, 2915.095, 2915.101, and 2915.12 of the Revised | 1477 |
Code are hereby repealed. | 1478 |