Bill Text: OH SB213 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To permit charitable organizations to conduct not-for-profit quarter auctions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-10-23 - To State Government Oversight & Reform [SB213 Detail]
Download: Ohio-2013-SB213-Introduced.html
|
|
Senator Gardner
To amend sections 2915.01, 2915.07, and 2915.10 and | 1 |
to enact section 2915.096 of the Revised Code to | 2 |
permit charitable organizations to conduct | 3 |
not-for-profit quarter auctions. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2915.01, 2915.07, and 2915.10 be | 5 |
amended and section 2915.096 of the Revised Code be enacted to | 6 |
read as follows: | 7 |
Sec. 2915.01. As used in this chapter: | 8 |
(A) "Bookmaking" means the business of receiving or paying | 9 |
off bets. | 10 |
(B) "Bet" means the hazarding of anything of value upon the | 11 |
result of an event, undertaking, or contingency, but does not | 12 |
include a bona fide business risk. | 13 |
(C) "Scheme of chance" means a slot machine, lottery, numbers | 14 |
game, pool conducted for profit, or other scheme in which a | 15 |
participant gives a valuable consideration for a chance to win a | 16 |
prize, but does not include bingo, a skill-based amusement | 17 |
machine, or a pool not conducted for profit. | 18 |
(D) "Game of chance" means poker, craps, roulette, or other | 19 |
game in which a player gives anything of value in the hope of | 20 |
gain, the outcome of which is determined largely by chance, but | 21 |
does not include bingo. | 22 |
(E) "Game of chance conducted for profit" means any game of | 23 |
chance designed to produce income for the person who conducts or | 24 |
operates the game of chance, but does not include bingo. | 25 |
(F) "Gambling device" means any of the following: | 26 |
(1) A book, totalizer, or other equipment for recording bets; | 27 |
(2) A ticket, token, or other device representing a chance, | 28 |
share, or interest in a scheme of chance or evidencing a bet; | 29 |
(3) A deck of cards, dice, gaming table, roulette wheel, slot | 30 |
machine, or other apparatus designed for use in connection with a | 31 |
game of chance; | 32 |
(4) Any equipment, device, apparatus, or paraphernalia | 33 |
specially designed for gambling purposes; | 34 |
(5) Bingo supplies sold or otherwise provided, or used, in | 35 |
violation of this chapter. | 36 |
(G) "Gambling offense" means any of the following: | 37 |
(1) A violation of section 2915.02, 2915.03, 2915.04, | 38 |
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, | 39 |
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code; | 40 |
(2) A violation of an existing or former municipal ordinance | 41 |
or law of this or any other state or the United States | 42 |
substantially equivalent to any section listed in division (G)(1) | 43 |
of this section or a violation of section 2915.06 of the Revised | 44 |
Code as it existed prior to July 1, 1996; | 45 |
(3) An offense under an existing or former municipal | 46 |
ordinance or law of this or any other state or the United States, | 47 |
of which gambling is an element; | 48 |
(4) A conspiracy or attempt to commit, or complicity in | 49 |
committing, any offense under division (G)(1), (2), or (3) of this | 50 |
section. | 51 |
(H) Except as otherwise provided in this chapter, "charitable | 52 |
organization" means either of the following: | 53 |
(1) An organization that is, and has received from the | 54 |
internal revenue service a determination letter that currently is | 55 |
in effect stating that the organization is, exempt from federal | 56 |
income taxation under subsection 501(a) and described in | 57 |
subsection 501(c)(3) of the Internal Revenue Code; | 58 |
(2) A volunteer rescue service organization, volunteer | 59 |
firefighter's organization, veteran's organization, fraternal | 60 |
organization, or sporting organization that is exempt from federal | 61 |
income taxation under subsection 501(c)(4), (c)(7), (c)(8), | 62 |
(c)(10), or (c)(19) of the Internal Revenue Code. | 63 |
To qualify as a "charitable organization," an organization | 64 |
shall have been in continuous existence as such in this state for | 65 |
a period of two years immediately preceding either the making of | 66 |
an application for a bingo license under section 2915.08 of the | 67 |
Revised Code or the conducting of any game of chance as provided | 68 |
in division (D) of section 2915.02 of the Revised Code. | 69 |
(I) "Religious organization" means any church, body of | 70 |
communicants, or group that is not organized or operated for | 71 |
profit and that gathers in common membership for regular worship | 72 |
and religious observances. | 73 |
(J) "Veteran's organization" means any individual post or | 74 |
state headquarters of a national veteran's association or an | 75 |
auxiliary unit of any individual post of a national veteran's | 76 |
association, which post, state headquarters, or auxiliary unit is | 77 |
incorporated as a nonprofit corporation and either has received a | 78 |
letter from the state headquarters of the national veteran's | 79 |
association indicating that the individual post or auxiliary unit | 80 |
is in good standing with the national veteran's association or has | 81 |
received a letter from the national veteran's association | 82 |
indicating that the state headquarters is in good standing with | 83 |
the national veteran's association. As used in this division, | 84 |
"national veteran's association" means any veteran's association | 85 |
that has been in continuous existence as such for a period of at | 86 |
least five years and either is incorporated by an act of the | 87 |
United States congress or has a national dues-paying membership of | 88 |
at least five thousand persons. | 89 |
(K) "Volunteer firefighter's organization" means any | 90 |
organization of volunteer firefighters, as defined in section | 91 |
146.01 of the Revised Code, that is organized and operated | 92 |
exclusively to provide financial support for a volunteer fire | 93 |
department or a volunteer fire company and that is recognized or | 94 |
ratified by a county, municipal corporation, or township. | 95 |
(L) "Fraternal organization" means any society, order, state | 96 |
headquarters, or association within this state, except a college | 97 |
or high school fraternity, that is not organized for profit, that | 98 |
is a branch, lodge, or chapter of a national or state | 99 |
organization, that exists exclusively for the common business or | 100 |
sodality of its members. | 101 |
(M) "Volunteer rescue service organization" means any | 102 |
organization of volunteers organized to function as an emergency | 103 |
medical service organization, as defined in section 4765.01 of the | 104 |
Revised Code. | 105 |
(N) "Charitable bingo game" means any bingo game described in | 106 |
division (O)(1) or (2) of this section that is conducted by a | 107 |
charitable organization that has obtained a license pursuant to | 108 |
section 2915.08 of the Revised Code and the proceeds of which are | 109 |
used for a charitable purpose. | 110 |
(O) "Bingo" means either of the following: | 111 |
(1) A game with all of the following characteristics: | 112 |
(a) The participants use bingo cards or sheets, including | 113 |
paper formats and electronic representation or image formats, that | 114 |
are divided into twenty-five spaces arranged in five horizontal | 115 |
and five vertical rows of spaces, with each space, except the | 116 |
central space, being designated by a combination of a letter and a | 117 |
number and with the central space being designated as a free | 118 |
space. | 119 |
(b) The participants cover the spaces on the bingo cards or | 120 |
sheets that correspond to combinations of letters and numbers that | 121 |
are announced by a bingo game operator. | 122 |
(c) A bingo game operator announces combinations of letters | 123 |
and numbers that appear on objects that a bingo game operator | 124 |
selects by chance, either manually or mechanically, from a | 125 |
receptacle that contains seventy-five objects at the beginning of | 126 |
each game, each object marked by a different combination of a | 127 |
letter and a number that corresponds to one of the seventy-five | 128 |
possible combinations of a letter and a number that can appear on | 129 |
the bingo cards or sheets. | 130 |
(d) The winner of the bingo game includes any participant who | 131 |
properly announces during the interval between the announcements | 132 |
of letters and numbers as described in division (O)(1)(c) of this | 133 |
section, that a predetermined and preannounced pattern of spaces | 134 |
has been covered on a bingo card or sheet being used by the | 135 |
participant. | 136 |
(2) Instant bingo, punch boards, | 137 |
auctions. | 138 |
(P) "Conduct" means to back, promote, organize, manage, carry | 139 |
on, sponsor, or prepare for the operation of bingo or a game of | 140 |
chance. | 141 |
(Q) "Bingo game operator" means any person, except security | 142 |
personnel, who performs work or labor at the site of bingo, | 143 |
including, but not limited to, collecting money from participants, | 144 |
handing out bingo cards or sheets or objects to cover spaces on | 145 |
bingo cards or sheets, selecting from a receptacle the objects | 146 |
that contain the combination of letters and numbers that appear on | 147 |
bingo cards or sheets, calling out the combinations of letters and | 148 |
numbers, distributing prizes, selling or redeeming instant bingo | 149 |
tickets or cards, supervising the operation of a punch board, | 150 |
selling raffle tickets, selecting raffle tickets from a receptacle | 151 |
and announcing the winning numbers in a raffle, selling chance to | 152 |
win a prize in a quarter auction, selecting chips or tokens from a | 153 |
receptacle and announcing winning numbers in a quarter auction, | 154 |
and preparing, selling, and serving food or beverages. | 155 |
(R) "Participant" means any person who plays bingo. | 156 |
(S) "Bingo session" means a period that includes both of the | 157 |
following: | 158 |
(1) Not to exceed five continuous hours for the conduct of | 159 |
one or more games described in division (O)(1) of this section, | 160 |
instant bingo, and seal cards; | 161 |
(2) A period for the conduct of instant bingo and seal cards | 162 |
for not more than two hours before and not more than two hours | 163 |
after the period described in division (S)(1) of this section. | 164 |
(T) "Gross receipts" means all money or assets, including | 165 |
admission fees, that a person receives from bingo without the | 166 |
deduction of any amounts for prizes paid out or for the expenses | 167 |
of conducting bingo. "Gross receipts" does not include any money | 168 |
directly taken in from the sale of food or beverages by a | 169 |
charitable organization conducting bingo, or by a bona fide | 170 |
auxiliary unit or society of a charitable organization conducting | 171 |
bingo, provided all of the following apply: | 172 |
(1) The auxiliary unit or society has been in existence as a | 173 |
bona fide auxiliary unit or society of the charitable organization | 174 |
for at least two years prior to conducting bingo. | 175 |
(2) The person who purchases the food or beverage receives | 176 |
nothing of value except the food or beverage and items customarily | 177 |
received with the purchase of that food or beverage. | 178 |
(3) The food and beverages are sold at customary and | 179 |
reasonable prices. | 180 |
(U) "Security personnel" includes any person who either is a | 181 |
sheriff, deputy sheriff, marshal, deputy marshal, township | 182 |
constable, or member of an organized police department of a | 183 |
municipal corporation or has successfully completed a peace | 184 |
officer's training course pursuant to sections 109.71 to 109.79 of | 185 |
the Revised Code and who is hired to provide security for the | 186 |
premises on which bingo is conducted. | 187 |
(V) "Charitable purpose" means that the net profit of bingo, | 188 |
other than instant bingo, is used by, or is given, donated, or | 189 |
otherwise transferred to, any of the following: | 190 |
(1) Any organization that is described in subsection | 191 |
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code | 192 |
and is either a governmental unit or an organization that is tax | 193 |
exempt under subsection 501(a) and described in subsection | 194 |
501(c)(3) of the Internal Revenue Code; | 195 |
(2) A veteran's organization that is a post, chapter, or | 196 |
organization of veterans, or an auxiliary unit or society of, or a | 197 |
trust or foundation for, any such post, chapter, or organization | 198 |
organized in the United States or any of its possessions, at least | 199 |
seventy-five per cent of the members of which are veterans and | 200 |
substantially all of the other members of which are individuals | 201 |
who are spouses, widows, or widowers of veterans, or such | 202 |
individuals, provided that no part of the net earnings of such | 203 |
post, chapter, or organization inures to the benefit of any | 204 |
private shareholder or individual, and further provided that the | 205 |
net profit is used by the post, chapter, or organization for the | 206 |
charitable purposes set forth in division (B)(12) of section | 207 |
5739.02 of the Revised Code, is used for awarding scholarships to | 208 |
or for attendance at an institution mentioned in division (B)(12) | 209 |
of section 5739.02 of the Revised Code, is donated to a | 210 |
governmental agency, or is used for nonprofit youth activities, | 211 |
the purchase of United States or Ohio flags that are donated to | 212 |
schools, youth groups, or other bona fide nonprofit organizations, | 213 |
promotion of patriotism, or disaster relief; | 214 |
(3) A fraternal organization that has been in continuous | 215 |
existence in this state for fifteen years and that uses the net | 216 |
profit exclusively for religious, charitable, scientific, | 217 |
literary, or educational purposes, or for the prevention of | 218 |
cruelty to children or animals, if contributions for such use | 219 |
would qualify as a deductible charitable contribution under | 220 |
subsection 170 of the Internal Revenue Code; | 221 |
(4) A volunteer firefighter's organization that uses the net | 222 |
profit for the purposes set forth in division (K) of this section. | 223 |
(W) "Internal Revenue Code" means the "Internal Revenue Code | 224 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter | 225 |
amended. | 226 |
(X) "Youth athletic organization" means any organization, not | 227 |
organized for profit, that is organized and operated exclusively | 228 |
to provide financial support to, or to operate, athletic | 229 |
activities for persons who are twenty-one years of age or younger | 230 |
by means of sponsoring, organizing, operating, or contributing to | 231 |
the support of an athletic team, club, league, or association. | 232 |
(Y) "Youth athletic park organization" means any | 233 |
organization, not organized for profit, that satisfies both of the | 234 |
following: | 235 |
(1) It owns, operates, and maintains playing fields that | 236 |
satisfy both of the following: | 237 |
(a) The playing fields are used at least one hundred days per | 238 |
year for athletic activities by one or more organizations, not | 239 |
organized for profit, each of which is organized and operated | 240 |
exclusively to provide financial support to, or to operate, | 241 |
athletic activities for persons who are eighteen years of age or | 242 |
younger by means of sponsoring, organizing, operating, or | 243 |
contributing to the support of an athletic team, club, league, or | 244 |
association. | 245 |
(b) The playing fields are not used for any profit-making | 246 |
activity at any time during the year. | 247 |
(2) It uses the proceeds of bingo it conducts exclusively for | 248 |
the operation, maintenance, and improvement of its playing fields | 249 |
of the type described in division (Y)(1) of this section. | 250 |
(Z) "Bingo supplies" means bingo cards or sheets; instant | 251 |
bingo tickets or cards; electronic bingo aids; raffle tickets; | 252 |
punch boards; seal cards; instant bingo ticket dispensers; quarter | 253 |
auction bid paddles, chips, and tokens; and devices for selecting | 254 |
or displaying the combination of bingo letters and numbers | 255 |
raffle tickets, or quarter auction winning numbers. Items that are | 256 |
"bingo supplies" are not gambling devices if sold or otherwise | 257 |
provided, and used, in accordance with this chapter. For purposes | 258 |
of this chapter, "bingo supplies" are not to be considered | 259 |
equipment used to conduct a bingo game. | 260 |
(AA) "Instant bingo" means a form of bingo that shall use | 261 |
folded or banded tickets or paper cards with perforated break-open | 262 |
tabs, a face of which is covered or otherwise hidden from view to | 263 |
conceal a number, letter, or symbol, or set of numbers, letters, | 264 |
or symbols, some of which have been designated in advance as prize | 265 |
winners, and may also include games in which some winners are | 266 |
determined by the random selection of one or more bingo numbers by | 267 |
the use of a seal card or bingo blower. In all "instant bingo" the | 268 |
prize amount and structure shall be predetermined. "Instant bingo" | 269 |
does not include any device that is activated by the insertion of | 270 |
a coin, currency, token, or an equivalent, and that contains as | 271 |
one of its components a video display monitor that is capable of | 272 |
displaying numbers, letters, symbols, or characters in winning or | 273 |
losing combinations. | 274 |
(BB) "Seal card" means a form of instant bingo that uses | 275 |
instant bingo tickets in conjunction with a board or placard that | 276 |
contains one or more seals that, when removed or opened, reveal | 277 |
predesignated winning numbers, letters, or symbols. | 278 |
(CC) "Raffle" means a form of bingo in which the one or more | 279 |
prizes are won by one or more persons who have purchased a raffle | 280 |
ticket. The one or more winners of the raffle are determined by | 281 |
drawing a ticket stub or other detachable section from a | 282 |
receptacle containing ticket stubs or detachable sections | 283 |
corresponding to all tickets sold for the raffle. "Raffle" does | 284 |
not include the drawing of a ticket stub or other detachable | 285 |
section of a ticket purchased to attend a professional sporting | 286 |
event if both of the following apply: | 287 |
(1) The ticket stub or other detachable section is used to | 288 |
select the winner of a free prize given away at the professional | 289 |
sporting event; and | 290 |
(2) The cost of the ticket is the same as the cost of a | 291 |
ticket to the professional sporting event on days when no free | 292 |
prize is given away. | 293 |
(DD) "Punch board" means a board containing a number of holes | 294 |
or receptacles of uniform size in which are placed, mechanically | 295 |
and randomly, serially numbered slips of paper that may be punched | 296 |
or drawn from the hole or receptacle when used in conjunction with | 297 |
instant bingo. A player may punch or draw the numbered slips of | 298 |
paper from the holes or receptacles and obtain the prize | 299 |
established for the game if the number drawn corresponds to a | 300 |
winning number or, if the punch board includes the use of a seal | 301 |
card, a potential winning number. | 302 |
(EE) "Gross profit" means gross receipts minus the amount | 303 |
actually expended for the payment of prize awards. | 304 |
(FF) "Net profit" means gross profit minus expenses. | 305 |
(GG) "Expenses" means the reasonable amount of gross profit | 306 |
actually expended for all of the following: | 307 |
(1) The purchase or lease of bingo supplies; | 308 |
(2) The annual license fee required under section 2915.08 of | 309 |
the Revised Code; | 310 |
(3) Bank fees and service charges for a bingo session or game | 311 |
account described in section 2915.10 of the Revised Code; | 312 |
(4) Audits and accounting services; | 313 |
(5) Safes; | 314 |
(6) Cash registers; | 315 |
(7) Hiring security personnel; | 316 |
(8) Advertising bingo; | 317 |
(9) Renting premises in which to conduct a bingo session; | 318 |
(10) Tables and chairs; | 319 |
(11) Expenses for maintaining and operating a charitable | 320 |
organization's facilities, including, but not limited to, a post | 321 |
home, club house, lounge, tavern, or canteen and any grounds | 322 |
attached to the post home, club house, lounge, tavern, or canteen; | 323 |
(12) Payment of real property taxes and assessments that are | 324 |
levied on a premises on which bingo is conducted; | 325 |
(13) Any other product or service directly related to the | 326 |
conduct of bingo that is authorized in rules adopted by the | 327 |
attorney general under division (B)(1) of section 2915.08 of the | 328 |
Revised Code. | 329 |
(HH) "Person" has the same meaning as in section 1.59 of the | 330 |
Revised Code and includes any firm or any other legal entity, | 331 |
however organized. | 332 |
(II) "Revoke" means to void permanently all rights and | 333 |
privileges of the holder of a license issued under section | 334 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 335 |
gaming license issued by another jurisdiction. | 336 |
(JJ) "Suspend" means to interrupt temporarily all rights and | 337 |
privileges of the holder of a license issued under section | 338 |
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable | 339 |
gaming license issued by another jurisdiction. | 340 |
(KK) "Distributor" means any person who purchases or obtains | 341 |
bingo supplies and who does either of the following: | 342 |
(1) Sells, offers for sale, or otherwise provides or offers | 343 |
to provide the bingo supplies to another person for use in this | 344 |
state; | 345 |
(2) Modifies, converts, adds to, or removes parts from the | 346 |
bingo supplies to further their promotion or sale for use in this | 347 |
state. | 348 |
(LL) "Manufacturer" means any person who assembles completed | 349 |
bingo supplies from raw materials, other items, or subparts or who | 350 |
modifies, converts, adds to, or removes parts from bingo supplies | 351 |
to further their promotion or sale. | 352 |
(MM) "Gross annual revenues" means the annual gross receipts | 353 |
derived from the conduct of bingo described in division (O)(1) of | 354 |
this section plus the annual net profit derived from the conduct | 355 |
of bingo described in division (O)(2) of this section. | 356 |
(NN) "Instant bingo ticket dispenser" means a mechanical | 357 |
device that dispenses an instant bingo ticket or card as the sole | 358 |
item of value dispensed and that has the following | 359 |
characteristics: | 360 |
(1) It is activated upon the insertion of United States | 361 |
currency. | 362 |
(2) It performs no gaming functions. | 363 |
(3) It does not contain a video display monitor or generate | 364 |
noise. | 365 |
(4) It is not capable of displaying any numbers, letters, | 366 |
symbols, or characters in winning or losing combinations. | 367 |
(5) It does not simulate or display rolling or spinning | 368 |
reels. | 369 |
(6) It is incapable of determining whether a dispensed bingo | 370 |
ticket or card is a winning or nonwinning ticket or card and | 371 |
requires a winning ticket or card to be paid by a bingo game | 372 |
operator. | 373 |
(7) It may provide accounting and security features to aid in | 374 |
accounting for the instant bingo tickets or cards it dispenses. | 375 |
(8) It is not part of an electronic network and is not | 376 |
interactive. | 377 |
(OO)(1) "Electronic bingo aid" means an electronic device | 378 |
used by a participant to monitor bingo cards or sheets purchased | 379 |
at the time and place of a bingo session and that does all of the | 380 |
following: | 381 |
(a) It provides a means for a participant to input numbers | 382 |
and letters announced by a bingo caller. | 383 |
(b) It compares the numbers and letters entered by the | 384 |
participant to the bingo faces previously stored in the memory of | 385 |
the device. | 386 |
(c) It identifies a winning bingo pattern. | 387 |
(2) "Electronic bingo aid" does not include any device into | 388 |
which a coin, currency, token, or an equivalent is inserted to | 389 |
activate play. | 390 |
(PP) "Deal of instant bingo tickets" means a single game of | 391 |
instant bingo tickets all with the same serial number. | 392 |
(QQ)(1) "Slot machine" means either of the following: | 393 |
(a) Any mechanical, electronic, video, or digital device that | 394 |
is capable of accepting anything of value, directly or indirectly, | 395 |
from or on behalf of a player who gives the thing of value in the | 396 |
hope of gain; | 397 |
(b) Any mechanical, electronic, video, or digital device that | 398 |
is capable of accepting anything of value, directly or indirectly, | 399 |
from or on behalf of a player to conduct bingo or a scheme or game | 400 |
of chance. | 401 |
(2) "Slot machine" does not include a skill-based amusement | 402 |
machine or an instant bingo ticket dispenser. | 403 |
(RR) "Net profit from the proceeds of the sale of instant | 404 |
bingo" means gross profit minus the ordinary, necessary, and | 405 |
reasonable expense expended for the purchase of instant bingo | 406 |
supplies, and, in the case of instant bingo conducted by a | 407 |
veteran's, fraternal, or sporting organization, minus the payment | 408 |
by that organization of real property taxes and assessments levied | 409 |
on a premises on which instant bingo is conducted. | 410 |
(SS) "Charitable instant bingo organization" means an | 411 |
organization that is exempt from federal income taxation under | 412 |
subsection 501(a) and described in subsection 501(c)(3) of the | 413 |
Internal Revenue Code and is a charitable organization as defined | 414 |
in this section. A "charitable instant bingo organization" does | 415 |
not include a charitable organization that is exempt from federal | 416 |
income taxation under subsection 501(a) and described in | 417 |
subsection 501(c)(3) of the Internal Revenue Code and that is | 418 |
created by a veteran's organization, a fraternal organization, or | 419 |
a sporting organization in regards to bingo conducted or assisted | 420 |
by a veteran's organization, a fraternal organization, or a | 421 |
sporting organization pursuant to section 2915.13 of the Revised | 422 |
Code. | 423 |
(TT) "Game flare" means the board or placard that accompanies | 424 |
each deal of instant bingo tickets and that has printed on or | 425 |
affixed to it the following information for the game: | 426 |
(1) The name of the game; | 427 |
(2) The manufacturer's name or distinctive logo; | 428 |
(3) The form number; | 429 |
(4) The ticket count; | 430 |
(5) The prize structure, including the number of winning | 431 |
instant bingo tickets by denomination and the respective winning | 432 |
symbol or number combinations for the winning instant bingo | 433 |
tickets; | 434 |
(6) The cost per play; | 435 |
(7) The serial number of the game. | 436 |
(UU)(1) "Skill-based amusement machine" means a mechanical, | 437 |
video, digital, or electronic device that rewards the player or | 438 |
players, if at all, only with merchandise prizes or with | 439 |
redeemable vouchers redeemable only for merchandise prizes, | 440 |
provided that with respect to rewards for playing the game all of | 441 |
the following apply: | 442 |
(a) The wholesale value of a merchandise prize awarded as a | 443 |
result of the single play of a machine does not exceed ten | 444 |
dollars; | 445 |
(b) Redeemable vouchers awarded for any single play of a | 446 |
machine are not redeemable for a merchandise prize with a | 447 |
wholesale value of more than ten dollars; | 448 |
(c) Redeemable vouchers are not redeemable for a merchandise | 449 |
prize that has a wholesale value of more than ten dollars times | 450 |
the fewest number of single plays necessary to accrue the | 451 |
redeemable vouchers required to obtain that prize; and | 452 |
(d) Any redeemable vouchers or merchandise prizes are | 453 |
distributed at the site of the skill-based amusement machine at | 454 |
the time of play. | 455 |
A card for the purchase of gasoline is a redeemable voucher | 456 |
for purposes of division (UU)(1) of this section even if the | 457 |
skill-based amusement machine for the play of which the card is | 458 |
awarded is located at a place where gasoline may not be legally | 459 |
distributed to the public or the card is not redeemable at the | 460 |
location of, or at the time of playing, the skill-based amusement | 461 |
machine. | 462 |
(2) A device shall not be considered a skill-based amusement | 463 |
machine and shall be considered a slot machine if it pays cash or | 464 |
one or more of the following apply: | 465 |
(a) The ability of a player to succeed at the game is | 466 |
impacted by the number or ratio of prior wins to prior losses of | 467 |
players playing the game. | 468 |
(b) Any reward of redeemable vouchers is not based solely on | 469 |
the player achieving the object of the game or the player's score; | 470 |
(c) The outcome of the game, or the value of the redeemable | 471 |
voucher or merchandise prize awarded for winning the game, can be | 472 |
controlled by a source other than any player playing the game. | 473 |
(d) The success of any player is or may be determined by a | 474 |
chance event that cannot be altered by player actions. | 475 |
(e) The ability of any player to succeed at the game is | 476 |
determined by game features not visible or known to the player. | 477 |
(f) The ability of the player to succeed at the game is | 478 |
impacted by the exercise of a skill that no reasonable player | 479 |
could exercise. | 480 |
(3) All of the following apply to any machine that is | 481 |
operated as described in division (UU)(1) of this section: | 482 |
(a) As used in division (UU) of this section, "game" and | 483 |
"play" mean one event from the initial activation of the machine | 484 |
until the results of play are determined without payment of | 485 |
additional consideration. An individual utilizing a machine that | 486 |
involves a single game, play, contest, competition, or tournament | 487 |
may be awarded redeemable vouchers or merchandise prizes based on | 488 |
the results of play. | 489 |
(b) Advance play for a single game, play, contest, | 490 |
competition, or tournament participation may be purchased. The | 491 |
cost of the contest, competition, or tournament participation may | 492 |
be greater than a single noncontest, competition, or tournament | 493 |
play. | 494 |
(c) To the extent that the machine is used in a contest, | 495 |
competition, or tournament, that contest, competition, or | 496 |
tournament has a defined starting and ending date and is open to | 497 |
participants in competition for scoring and ranking results toward | 498 |
the awarding of redeemable vouchers or merchandise prizes that are | 499 |
stated prior to the start of the contest, competition, or | 500 |
tournament. | 501 |
(4) For purposes of division (UU)(1) of this section, the | 502 |
mere presence of a device, such as a pin-setting, ball-releasing, | 503 |
or scoring mechanism, that does not contribute to or affect the | 504 |
outcome of the play of the game does not make the device a | 505 |
skill-based amusement machine. | 506 |
(VV) "Merchandise prize" means any item of value, but shall | 507 |
not include any of the following: | 508 |
(1) Cash, gift cards, or any equivalent thereof; | 509 |
(2) Plays on games of chance, state lottery tickets, bingo, | 510 |
or instant bingo; | 511 |
(3) Firearms, tobacco, or alcoholic beverages; or | 512 |
(4) A redeemable voucher that is redeemable for any of the | 513 |
items listed in division (VV)(1), (2), or (3) of this section. | 514 |
(WW) "Redeemable voucher" means any ticket, token, coupon, | 515 |
receipt, or other noncash representation of value. | 516 |
(XX) "Pool not conducted for profit" means a scheme in which | 517 |
a participant gives a valuable consideration for a chance to win a | 518 |
prize and the total amount of consideration wagered is distributed | 519 |
to a participant or participants. | 520 |
(YY) "Sporting organization" means a hunting, fishing, or | 521 |
trapping organization, other than a college or high school | 522 |
fraternity or sorority, that is not organized for profit, that is | 523 |
affiliated with a state or national sporting organization, | 524 |
including but not limited to, the league of Ohio sportsmen, and | 525 |
that has been in continuous existence in this state for a period | 526 |
of three years. | 527 |
(ZZ) "Community action agency" has the same meaning as in | 528 |
section 122.66 of the Revised Code. | 529 |
(AAA) "Quarter auction" means a form of bingo in which one or | 530 |
more prizes are won by one or more persons who have given valuable | 531 |
consideration for a chance to win a prize by purchasing one or | 532 |
more numbered bid paddles that correspond to the same numbered | 533 |
chip or token that is placed in a receptacle. The one or more | 534 |
winners of the quarter auction are determined by selecting a chip | 535 |
or token from the receptacle and matching the number of the | 536 |
selected chip or token to a numbered bid paddle held up by a | 537 |
person before the selection of the chip or token. | 538 |
Sec. 2915.07. (A) No person, except a charitable | 539 |
organization that has obtained a license pursuant to section | 540 |
2915.08 of the Revised Code, shall conduct or advertise bingo. | 541 |
This division does not apply to a raffle or a quarter auction that | 542 |
a charitable organization conducts or advertises. | 543 |
(B) Whoever violates this section is guilty of conducting | 544 |
illegal bingo, a felony of the fourth degree. | 545 |
Sec. 2915.096. (A) A charitable organization may conduct a | 546 |
quarter auction to raise money for the organization, and does not | 547 |
need a license to conduct bingo in order to conduct a quarter | 548 |
auction that is not for profit. | 549 |
(B) No person shall conduct a quarter auction except as | 550 |
provided in division (A) of this section. | 551 |
(C) Whoever violates division (B) of this section is guilty | 552 |
of illegal conduct of a quarter auction. Except as otherwise | 553 |
provided in this division, illegal conduct of a quarter auction is | 554 |
a misdemeanor of the first degree. If the offender previously has | 555 |
been convicted of a violation of division (B) of this section, | 556 |
illegal conduct of a quarter auction is a felony of the fifth | 557 |
degree. | 558 |
Sec. 2915.10. (A) No charitable organization that conducts | 559 |
bingo or a game of chance pursuant to division (D) of section | 560 |
2915.02 of the Revised Code shall fail to maintain the following | 561 |
records for at least three years from the date on which the bingo | 562 |
or game of chance is conducted: | 563 |
(1) An itemized list of the gross receipts of each bingo | 564 |
session, each game of instant bingo by serial number, each raffle, | 565 |
each quarter auction, each punch board game, and each game of | 566 |
chance, and an itemized list of the gross profits of each game of | 567 |
instant bingo by serial number; | 568 |
(2) An itemized list of all expenses, other than prizes, that | 569 |
are incurred in conducting bingo or instant bingo, the name of | 570 |
each person to whom the expenses are paid, and a receipt for all | 571 |
of the expenses; | 572 |
(3) A list of all prizes awarded during each bingo session, | 573 |
each raffle, each quarter auction, each punch board game, and each | 574 |
game of chance conducted by the charitable organization, the total | 575 |
prizes awarded from each game of instant bingo by serial number, | 576 |
and the name, address, and social security number of all persons | 577 |
who are winners of prizes of six hundred dollars or more in value; | 578 |
(4) An itemized list of the recipients of the net profit of | 579 |
the bingo or game of chance, including the name and address of | 580 |
each recipient to whom the money is distributed, and if the | 581 |
organization uses the net profit of bingo, or the money or assets | 582 |
received from a game of chance, for any charitable or other | 583 |
purpose set forth in division (V) of section 2915.01, division (D) | 584 |
of section 2915.02, or section 2915.101 of the Revised Code, a | 585 |
list of each purpose and an itemized list of each expenditure for | 586 |
each purpose; | 587 |
(5) The number of persons who participate in any bingo | 588 |
session or game of chance that is conducted by the charitable | 589 |
organization; | 590 |
(6) A list of receipts from the sale of food and beverages by | 591 |
the charitable organization or one of its auxiliary units or | 592 |
societies, if the receipts were excluded from gross receipts under | 593 |
division (T) of section 2915.01 of the Revised Code; | 594 |
(7) An itemized list of all expenses incurred at each bingo | 595 |
session, each raffle, each quarter auction, each punch board game, | 596 |
or each game of instant bingo conducted by the charitable | 597 |
organization in the sale of food and beverages by the charitable | 598 |
organization or by an auxiliary unit or society of the charitable | 599 |
organization, the name of each person to whom the expenses are | 600 |
paid, and a receipt for all of the expenses. | 601 |
(B) A charitable organization shall keep the records that it | 602 |
is required to maintain pursuant to division (A) of this section | 603 |
at its principal place of business in this state or at its | 604 |
headquarters in this state and shall notify the attorney general | 605 |
of the location at which those records are kept. | 606 |
(C) The gross profit from each bingo session or game | 607 |
described in division (O)(1) or (2) of section 2915.01 of the | 608 |
Revised Code shall be deposited into a checking account devoted | 609 |
exclusively to the bingo session or game. Payments for allowable | 610 |
expenses incurred in conducting the bingo session or game and | 611 |
payments to recipients of some or all of the net profit of the | 612 |
bingo session or game shall be made only by checks or electronic | 613 |
fund transfers drawn on the bingo session or game account. | 614 |
(D) Each charitable organization shall conduct and record an | 615 |
inventory of all of its bingo supplies as of the first day of | 616 |
November of each year. | 617 |
(E) The attorney general may adopt rules in accordance with | 618 |
Chapter 119. of the Revised Code that establish standards of | 619 |
accounting, record keeping, and reporting to ensure that gross | 620 |
receipts from bingo or games of chance are properly accounted for. | 621 |
(F) A distributor shall maintain, for a period of three years | 622 |
after the date of its sale or other provision, a record of each | 623 |
instance of its selling or otherwise providing to another person | 624 |
bingo supplies for use in this state. The record shall include all | 625 |
of the following for each instance: | 626 |
(1) The name of the manufacturer from which the distributor | 627 |
purchased the bingo supplies and the date of the purchase; | 628 |
(2) The name and address of the charitable organization or | 629 |
other distributor to which the bingo supplies were sold or | 630 |
otherwise provided; | 631 |
(3) A description that clearly identifies the bingo supplies; | 632 |
(4) Invoices that include the nonrepeating serial numbers of | 633 |
all paper bingo cards and sheets and all instant bingo deals sold | 634 |
or otherwise provided to each charitable organization. | 635 |
(G) A manufacturer shall maintain, for a period of three | 636 |
years after the date of its sale or other provision, a record of | 637 |
each instance of its selling or otherwise providing bingo supplies | 638 |
for use in this state. The record shall include all of the | 639 |
following for each instance: | 640 |
(1) The name and address of the distributor to whom the bingo | 641 |
supplies were sold or otherwise provided; | 642 |
(2) A description that clearly identifies the bingo supplies, | 643 |
including serial numbers; | 644 |
(3) Invoices that include the nonrepeating serial numbers of | 645 |
all paper bingo cards and sheets and all instant bingo deals sold | 646 |
or otherwise provided to each distributor. | 647 |
(H) The attorney general or any law enforcement agency may do | 648 |
all of the following: | 649 |
(1) Investigate any charitable organization or any officer, | 650 |
agent, trustee, member, or employee of the organization; | 651 |
(2) Examine the accounts and records of the organization; | 652 |
(3) Conduct inspections, audits, and observations of bingo or | 653 |
games of chance; | 654 |
(4) Conduct inspections of the premises where bingo or games | 655 |
of chance are conducted; | 656 |
(5) Take any other necessary and reasonable action to | 657 |
determine if a violation of any provision of sections 2915.01 to | 658 |
2915.13 of the Revised Code has occurred and to determine whether | 659 |
section 2915.11 of the Revised Code has been complied with. | 660 |
If any law enforcement agency has reasonable grounds to | 661 |
believe that a charitable organization or an officer, agent, | 662 |
trustee, member, or employee of the organization has violated any | 663 |
provision of this chapter, the law enforcement agency may proceed | 664 |
by action in the proper court to enforce this chapter, provided | 665 |
that the law enforcement agency shall give written notice to the | 666 |
attorney general when commencing an action as described in this | 667 |
division. | 668 |
(I) No person shall destroy, alter, conceal, withhold, or | 669 |
deny access to any accounts or records of a charitable | 670 |
organization that have been requested for examination, or | 671 |
obstruct, impede, or interfere with any inspection, audit, or | 672 |
observation of bingo or a game of chance or premises where bingo | 673 |
or a game of chance is conducted, or refuse to comply with any | 674 |
reasonable request of, or obstruct, impede, or interfere with any | 675 |
other reasonable action undertaken by, the attorney general or a | 676 |
law enforcement agency pursuant to division (H) of this section. | 677 |
(J) Whoever violates division (A) or (I) of this section is | 678 |
guilty of a misdemeanor of the first degree. | 679 |
Section 2. That existing sections 2915.01, 2915.07, and | 680 |
2915.10 of the Revised Code are hereby repealed. | 681 |