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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BET. The hazarding of anything of value upon the result of an event, undertaking or contingency, but does not include a bona fide business risk.
BINGO. Either of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards or sheets, including paper formats and electronic representation or image formats, that are divided into 25 spaces arranged in five horizontal and five vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space;
(b) The participants cover the spaces on the bingo cards or sheets that correspond to combinations of letters and numbers that are announced by a bingo game operator;
(c) A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains 75 objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the 75 possible combinations of a letter and a number that can appear on the bingo cards or sheets;
(d) The winner of the bingo game includes any participant who properly announces during the interval between the announcements of letters and numbers, as described in division (1)(c) of this definition, that a predetermined and pre-announced pattern of spaces has been covered on a bingo card or sheet being used by the participant.
(2) Instant bingo, electronic instant bingo, and raffles.
BINGO GAME OPERATOR. Any person, except security personnel, who performs work or labor at the site of bingo including but not limited to collecting money from participants, handing out bingo cards or sheets or objects to cover spaces on bingo cards or sheets, selecting from a receptacle the objects that contain the combination of letters and numbers that appear on bingo cards or sheets, calling out the combinations of letters and numbers, distributing prizes, selling or redeeming instant bingo tickets or cards, selling or redeeming electronic instant bingo tickets, credits, or vouchers, accessing an electronic instant bingo system other than as a participant, supervising the operation of a punch board, selling raffle tickets, selecting raffle tickets from a receptacle and announcing the winning numbers in a raffle, and preparing, selling, and serving food or beverages. “Bingo game operator” does not include a person who is installing, maintaining, updating, or repairing an electronic instant bingo system.
BINGO SESSION. A period that includes both of the following:
(1) Not to exceed five continuous hours for the conduct of one or more games described in division (1) of the definition of “bingo” in this section, instant bingo, and electronic instant bingo;
(2) A period for the conduct of instant bingo and electronic instant bingo for not more than two hours before and not more than two hours after the period described in division (1) of this definition.
BINGO SUPPLIES. Bingo cards or sheets; instant bingo tickets or cards; electronic bingo aids; raffle tickets; punch boards; seal cards; instant bingo ticket dispensers; electronic instant bingo systems; and devices for selecting or displaying the combination of bingo letters and numbers or raffle tickets. Items that are “bingo supplies” are not gambling devices if sold or otherwise provided, and used, in accordance with this chapter or R.C. Chapter 2915. For purposes of this chapter, “bingo supplies” are not to be considered equipment used to conduct a bingo game.
BOOKMAKING. The business of receiving or paying off bets.
CHAMBER OF COMMERCE. Any organization of individuals, professionals and businesses that has the purpose to advance the commercial, financial, industrial and civic interests of the community and that is, and has received from the Internal Revenue Service a determination letter that currently is in effect stating that the organization is, exempt from federal income taxation under I.R.C. § 501(a) and described in I.R.C. § 501(c)(6).
CHARITABLE BINGO GAME. Any bingo game described in divisions (1) or (2) of the definition of “bingo” in this section that is conducted by a charitable organization that has obtained a license pursuant to Ohio R.C. 2915.08 and the proceeds of which are used for a charitable purpose.
CHARITABLE INSTANT BINGO ORGANIZATION. An organization that is exempt from federal income taxation under I.R.C. § 501(a) and described in I.R.C. § 501(c)(3) and is a charitable organization, as defined in this section. A CHARITABLE INSTANT BINGO ORGANIZATION does not include a charitable organization that is exempt from federal income taxation under I.R.C. § 501(a) and described in I.R.C. § 501(c)(3) and that is created by a veteran’s organization, a fraternal organization or a sporting organization in regards to bingo conducted or assisted by a veteran’s organization, a fraternal organization or a sporting organization pursuant to Ohio R.C. 2915.13, or any substantially equivalent municipal ordinance.
CHARITABLE ORGANIZATION.
(1) Except as otherwise provided in this chapter, CHARITABLE ORGANIZATION means either of the following:
(a) An organization that is exempt from federal income taxation under IRC § 501(a) and described in IRC § 501(c)(3);
(b) A volunteer rescue service organization, volunteer firefighter’s organization, veteran’s organization, fraternal organization or sporting organization that is exempt from federal income taxation under I.R.C. §§ 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10) or 501(c)(19).
(2) To qualify as a charitable organization, an organization shall have been in continuous existence as such in the state for a period of two years immediately preceding either the making of an application for a bingo license under Ohio R.C. 2915.08 or the conducting of any game of chance as provided in Ohio R.C. 2915.02(D), or a substantially equivalent municipal ordinance.
CHARITABLE PURPOSE. Means that the net profit of bingo, other than instant bingo or electronic instant bingo, is used by, or is given, donated, or otherwise transferred to, any of the following:
(1) Any organization that is described in I.R.C. §§ 509(a)(1), 509(a)(2) or 509(a)(3) and is either a governmental unit or an organization that is tax exempt under I.R.C. § 501(a) and described in I.R.C. § 501(c)(3);
(2) A veteran’s organization that is a post, chapter or organization of veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post, chapter or organization organized in the United States or any of its possessions, at least 75% of the members of which are veterans and substantially all of the other members of which are individuals who are spouses, widows or widowers of veterans, or such individuals; provided that, no part of the net earnings of such post, chapter or organization inures to the benefit of any private shareholder or individual; and, further provided that, the net profit is used by the post, chapter or organization for the charitable purposes set forth in Ohio R.C. 5739.02(B)(12), is used for awarding scholarships to or for attendance at an institution mentioned in that division of the Revised Code, is donated to a governmental agency, or is used for nonprofit youth activities, the purchase of United States or Ohio flags that are donated to schools, youth groups or other bona fide nonprofit organizations, promotion of patriotism or disaster relief;
(3) A fraternal organization that has been in continuous existence in the state for 15 years and that uses the net profit exclusively for religious, charitable, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals, if contributions for such use would qualify as a deductible charitable contribution under I.R.C. § 170;
(4) A volunteer firefighter’s organization that uses the net profit for the purposes set forth in the definition of “volunteer firefighter’s organization” in this section.
COMMUNITY ACTION AGENCY. The same meaning as in Ohio R.C. 122.66.
CONDUCT. To back, promote, organize, manage, carry on, sponsor or prepare for the operation of bingo or a game of chance, a scheme of chance or a sweepstakes.
DEAL. A single game of instant bingo tickets, or a single game of electronic instant bingo tickets, all with the same serial number.
DISTRIBUTOR. Any person who purchases or obtains bingo supplies and who does either of the following:
(1) Sells, offers for sale or otherwise provides or offers to provide the bingo supplies to another person for use in the state; or
(2) Modifies, converts, adds to or removes parts from the bingo supplies to further their promotion or sale for use in the state.
ELECTRONIC BINGO AID.
(1) ELECTRONIC BINGO AID means an electronic device used by a participant to monitor bingo cards or sheets purchased at the time and place of a bingo session and that does all of the following:
(a) It provides a means for a participant to input numbers and letters announced by a bingo caller;
(b) It compares the numbers and letters entered by the participant to the bingo faces previously stored in the memory of the device; and
(c) It identifies a winning bingo pattern.
(2) ELECTRONIC BINGO AID does not include any device into which a coin, currency, token or an equivalent is inserted to activate play.
ELECTRONIC INSTANT BINGO.
(1) A form of bingo that consists of an electronic or digital representation of instant bingo in which a participant wins a prize if the participant’s electronic instant bingo ticket contains a combination of numbers or symbols that was designated in advance as a winning combination, and to which all of the following apply:
(a) Each deal has a predetermined, finite number of winning and losing tickets and a predetermined prize amount and deal structure, provided that there may be multiple winning combinations in each deal and multiple winning tickets.
(b) Each electronic instant bingo ticket within a deal has a unique serial number that is not regenerated.
(c) Each electronic instant bingo ticket within a deal is sold for the same price.
(d) After a participant purchases an electronic instant bingo ticket, the combination of numbers or symbols on the ticket is revealed to the participant.
(e) The reveal of numbers or symbols on the ticket may incorporate an entertainment or bonus theme, provided that the reveal does not include spinning reels that resemble a slot machine.
(f) The reveal theme, if any, does not require additional consideration or award any prize other than any predetermined prize associated with the electronic instant bingo ticket.
(2) The term shall not include any of the following:
(a) Any game, entertainment, or bonus theme that replicates or simulates any of the following:
1. The gambling games of keno, blackjack, roulette, poker, craps, other casino-style table games;
2. Horse racing;
3. Gambling games offered in this state on slot machines or video lottery terminals. As used in this division, “video lottery terminal” has the same meaning as in R.C. § 3770.21.
(b) Any device operated by dropping one or more coins or tokens into a slot and pulling a handle or pushing a button or touchpoint on a touchscreen to activate one to three or more rotating reels marked into horizontal segments by varying symbols, where the predetermined prize amount depends on how and how many of the symbols line up when the rotating reels come to a rest;
(c) Any device that includes a coin or token slot, tray, or hopper and the ability to dispense coins, cash, tokens, or anything of value other than a credit ticket voucher.
ELECTRONIC INSTANT BINGO SYSTEM. Means both of the following:
(1) A mechanical, electronic, digital, or video device and associated software to which all of the following apply:
(a) It is used by not more than one player at a time to play electronic instant bingo on a single screen that is physically connected to the device;
(b) It is located on the premises of the principal place of business of a veteran’s or fraternal organization that holds a type II or type III bingo license to conduct electronic instant bingo at that location issued under R.C. § 2915.08.
(2) Any associated equipment or software used to manage, monitor, or document any aspect of electronic instant bingo.
EXPENSES. The reasonable amount of gross profit actually expended for all of the following:
(1) The purchase or lease of bingo supplies;
(2) The annual license fee required under Ohio R.C. 2915.08;
(3) Bank fees and service charges for a bingo session or game account described in Ohio R.C. 2915.10;
(4) Audits and accounting services;
(5) Safes;
(6) Cash registers;
(7) Hiring security personnel;
(8) Advertising bingo;
(9) Renting premises in which to conduct a bingo session;
(10) Tables and chairs;
(11) Expenses for maintaining and operating a charitable organization’s facilities, including, but not limited to, a post home, club house, lounge, tavern or canteen and any grounds attached to the post home, club house, lounge, tavern or canteen;
(12) Payment of real property taxes and assessments that are levied on a premises on which bingo is conducted; and
(13) Any other product or service directly related to the conduct of bingo that is authorized in rules adopted by the Attorney General under R.C. § 2915.08(F)(1).
FRATERNAL ORGANIZATION. Any society, order, state headquarters or association within the state, except a college or high school fraternity, that is not organized for profit, that is a branch, lodge or chapter of a national or state organization, that exists exclusively for the common business or sodality of its members.
GAMBLING DEVICE. Any of the following:
(1) A book, totalizer or other equipment used for recording bets;
(2) A ticket, token or other device representing a chance, share or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot machine or other apparatus designed for use in connection with a game of chance;
(4) Any equipment, device, apparatus or paraphernalia specially designed for gambling purposes; and
(5) Bingo supplies sold or otherwise provided, or used, in violation of this chapter or Ohio R.C. Ch. 2915.
GAMBLING OFFENSE. Any of the following:
(1) A violation of R.C. Chapter 2915;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or of the United States substantially equivalent to any provision of this chapter or R.C. Chapter 2915 or a violation of R.C. § 2915.06 as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance or law of this or any other state or of the United States, of which gambling is an element; and
(4) A conspiracy or attempt to commit, or complicity in committing, any offense under divisions (1), (2) or (3) of this definition.
GAME FLARE. The board or placard, or electronic representation of a board or placard, that accompanies each deal of instant bingo or electronic instant bingo tickets and that includes the following information for the game:
(1) The name of the game;
(2) The manufacturer’s name or distinctive logo;
(3) The form number;
(4) The ticket count;
(5) The prize structure, including the number of winning tickets by denomination and the respective winning symbol or number combinations for the winning tickets;
(6) The cost per play; and
(7) The serial number of the game.
GAME OF CHANCE. Poker, craps, roulette or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.
GAME OF CHANCE CONDUCTED FOR PROFIT. Any game of chance designed to produce income for the person who conducts or operates the game of chance, but does not include bingo.
GROSS ANNUAL REVENUES. The annual gross receipts derived from the conduct of bingo described in division (1) of the definition of “bingo” in this section, plus the annual net profit derived from the conduct of bingo described in division (2) of the definition of “bingo” in this section.
GROSS PROFIT. Gross receipts minus the amount actually expended for the payment of prize awards.
GROSS RECEIPTS. All money or assets, including admission fees, that a person receives from bingo without the deduction of any amounts for prizes paid out or for the expenses of conducting bingo. GROSS RECEIPTS does not include any money directly taken in from the sale of food or beverages by a charitable organization conducting bingo, or by a bona fide auxiliary unit or society of a charitable organization conducting bingo; provided, all of the following apply:
(1) The auxiliary unit or society has been in existence as a bona fide auxiliary unit or society of the charitable organization for at least two years prior to conducting bingo;
(2) The person who purchases the food or beverage receives nothing of value, except the food or beverage and items customarily received with the purchase of that food or beverage; and
(3) The food and beverages are sold at customary and reasonable prices.
HISTORIC RAILROAD. All or a portion of the tracks and right-of-way of a railroad that was owned and operated by a for profit common carrier in the state at any time prior to 1-1-1950.
INSTANT BINGO. A form of bingo that shall use folded or banded tickets or paper cards with perforated break-open tabs, a face of which is covered or otherwise hidden from view to conceal a number, letter, or symbol, or set of numbers, letters, or symbols, some of which have been designated in advance as prize winners, and may also include games in which some winners are determined by the random selection of one or more bingo numbers by the use of a seal card or bingo blower. “Instant bingo” also includes a punch board game. In all “instant bingo” the prize amount and structure shall be predetermined. The term does not include electronic instant bingo or any device that is activated by the insertion of a coin, currency, token, or an equivalent, and that contains as one of its components a video display monitor that is capable of displaying numbers, letters, symbols, or characters in winning or losing combinations.
INSTANT BINGO TICKET DISPENSER. A mechanical device that dispenses an instant bingo ticket or card as the sole item of value dispensed and that has the following characteristics:
(1) It is activated upon the insertion of United States currency;
(2) It performs no gaming functions;
(3) It does not contain a video display monitor or generate noise;
(4) It is not capable of displaying any numbers, letters, symbols or characters in winning or losing combinations;
(5) It does not simulate or display rolling or spinning reels;
(6) It is incapable of determining whether a dispensed bingo ticket or card is a winning or non-winning ticket or card and requires a winning ticket or card to be paid by a bingo game operator;
(7) It may provide accounting and security features to aid in accounting for the instant bingo tickets or cards it dispenses; and
(8) It is not part of an electronic network and is not interactive.
I.R.C. or INTERNAL REVENUE CODE. The Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. §§ 1 et seq., as now or hereafter amended.
MANUFACTURER. Any person who assembles completed bingo supplies from raw materials, other items or subparts or who modifies, converts, adds to or removes parts from bingo supplies to further their promotion or sale.
MERCHANDISE PRIZE. Any item of value, but shall not include any of the following:
(1) Cash, gift cards, or any equivalent thereof;
(2) Plays on games of chance, state lottery tickets, or bingo;
(3) Firearms, tobacco or alcoholic beverages; or
(4) A redeemable voucher that is redeemable for any of the items listed in divisions (1), (2) or (3) of this definition.
NET PROFIT. Gross profit minus expenses.
NET PROFIT FROM THE PROCEEDS OF THE SALE OF INSTANT BINGO OR ELECTRONIC INSTANT BINGO. Gross profit minus the ordinary, necessary, and reasonable expense expended for the purchase of bingo supplies for the purpose of conducting instant bingo or electronic instant bingo, and, in the case of instant bingo or electronic instant bingo conducted by a veteran’s, fraternal, or sporting organization, minus the payment by that organization of real property taxes and assessments levied on a premises on which instant bingo or electronic instant bingo is conducted.
PARTICIPANT. Any person who plays bingo.
PERSON. Has the same meaning as in Ohio R.C. 1.59 and includes any firm or any other legal entity, however organized.
POOL NOT CONDUCTED FOR PROFIT. A scheme in which a participant gives a valuable consideration for a chance to win a prize and the total amount of consideration wagered is distributed to a participant or participants.
PUNCH BOARD. A form of instant bingo that uses a board containing a number of holes or receptacles of uniform size in which are placed, mechanically and randomly, serially numbered slips of paper that may be punched or drawn from the hole or receptacle. A player may punch or draw the numbered slips of paper from the holes or receptacles and obtain the prize established for the game if the number drawn corresponds to a winning number or, if the punch board includes the use of a seal card, a potential winning number.
RAFFLE. A form of bingo in which the one or more prizes are won by one or more persons who have purchased a raffle ticket. The one or more winners of the raffle are determined by drawing a ticket stub or other detachable section from a receptacle containing ticket stubs or detachable sections corresponding to all tickets sold for the RAFFLE. The term does not include the drawing of a ticket stub or other detachable section of a ticket purchased to attend a professional sporting event if both of the following apply:
(1) The ticket stub or other detachable section is used to select the winner of a free prize given away at the professional sporting event; and
(2) The cost of the ticket is the same as the cost of a ticket to the professional sporting event on days when no free prize is given away.
REDEEMABLE VOUCHER. Any ticket, token, coupon, receipt or other noncash representation of value.
RELIGIOUS ORGANIZATION. Any church, body of communicants, or group that is not organized or operated for profit and that gathers in common membership for regular worship and religious observances.
REVOKE. To void permanently all rights and privileges of the holder of a license issued under Ohio R.C. 2915.08, 2915.081 or 2915.082 or a charitable gaming license issued by another jurisdiction.
SCHEME OF CHANCE.
(1) A slot machine unless authorized under Ohio R.C. Ch. 3772, lottery unless authorized under Ohio R.C. Ch. 3770, numbers game, pool conducted for profit or other scheme in which a participant gives a valuable consideration for a chance to win a prize, but does not include bingo, a skill-based amusement machine, or a pool not conducted for profit.
SCHEME OF CHANCE includes the use of an electronic device to reveal the results of a game entry if valuable consideration is paid, directly or indirectly, for a chance to win a prize. Valuable consideration is deemed to be paid for a chance to win a prize in the following instances:
(a) Less than 50% of the goods or services sold by a scheme of chance operator in exchange for game entries are used or redeemed by participants at any one location;
(b) Less than 50% of participants who purchase goods or services at any one location do not accept, use, or redeem the goods or services sold or purportedly sold;
(c) More than 50% of prizes at any one location are revealed to participants through an electronic device simulating a game of chance or a “casino game” as defined in Ohio R.C. 3772.01;
(d) The good or service sold by a scheme of chance operator in exchange for a game entry cannot be used or redeemed in the manner advertised;
(e) A participant pays more than fair market value for goods or services offered by a scheme of chance operator in order to receive one or more game entries;
(f) A participant may use the electronic device to purchase additional game entries;
(g) A participant may purchase additional game entries by using points or credits won as prizes while using the electronic device;
(h) A scheme of chance operator pays out in prize money more than 20% of the gross revenue received at one location; or
(i) A participant makes a purchase or exchange in order to obtain any good or service that may be used to facilitate play on the electronic device.
(2) As used in this division, “electronic device” means a mechanical, video, digital or electronic machine or device that is capable of displaying information on a screen or other mechanism and that is owned, leased or otherwise possessed by any person conducting a scheme of chance, or by that person’s partners, affiliates, subsidiaries or contractors. "Electronic device" does not include an electronic instant bingo system.
SEAL CARD. A form of instant bingo that uses instant bingo tickets in conjunction with a board or placard that contains one or more seals that, when removed or opened, reveal predesignated winning numbers, letters or symbols.
SECURITY PERSONNEL. Includes any person who either is a sheriff, deputy sheriff, marshal, deputy marshal, township constable or member of an organized police department of a municipal corporation or has successfully completed a peace officer’s training course pursuant to Ohio R.C. 109.71 to 109.79 and who is hired to provide security for the premises on which bingo is conducted.
SKILL-BASED AMUSEMENT MACHINE.
(1) (a) A mechanical, video, digital or electronic device that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes; provided that, with respect to rewards for playing the game all of the following apply:
1. The wholesale value of a merchandise prize awarded as a result of the single play of a machine does not exceed $10;
2. Redeemable vouchers awarded for any single play of a machine are not redeemable for a merchandise prize with a wholesale value of more than $10;
3. Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value of more than $10 times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and
4. Any redeemable vouchers or merchandise prizes are distributed at the site of the skill- based amusement machine at the time of play.
(b) A card for the purchase of gasoline is a redeemable voucher for purposes of division (1) of this definition even if the skill-based amusement machine for the play of which the card is awarded is located at a place where gasoline may not be legally distributed to the public or the card is not redeemable at the location of, or at the time of playing, the skill-based amusement machine.
(2) A device shall not be considered a skill-based amusement machine and shall be considered a slot machine if it pays cash or one or more of the following apply:
(a) The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game;
(b) Any reward of redeemable vouchers is not based solely on the player achieving the object of the game or the players score;
(c) The outcome of the game, or the value of the redeemable voucher or merchandise prize awarded for winning the game, can be controlled by a source other than any player playing the game;
(d) The success of any player is or may be determined by a chance event that cannot be altered by player actions;
(e) The ability of any player to succeed at the game is determined by game features not visible or known to the player; and/or
(f) The ability of the player to succeed at the game is impacted by the exercise of a skill that no reasonable player could exercise.
(3) All of the following apply to any machine that is operated as described in division (1) of this definition:
(a) As used in this definition of “skill-based amusement machine”, “game” and “play” mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single game, play, contest, competition or tournament may be awarded redeemable vouchers or merchandise prizes based on the results of play.
(b) Advance play for a single game, play, contest, competition or tournament participation may be purchased. The cost of the contest, competition or tournament participation may be greater than a single non-contest, competition or tournament play.
(c) To the extent that the machine is used in a contest, competition or tournament, that contest, competition or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of redeemable vouchers or merchandise prizes that are stated prior to the start of the contest, competition or tournament.
(4) For purposes of division (1) of this definition, the mere presence of a device, such as a pin- setting, ball-releasing or scoring mechanism, that does not contribute to or affect the outcome of the play of the game does not make the device a skill-based amusement machine.
SLOT MACHINE.
(1) Means either of the following:
(a) Any mechanical, electronic, video or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player who gives the thing of value in the hope of gain; or
(b) Any mechanical, electronic, video or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player to conduct bingo or a scheme or game of chance.
(2) SLOT MACHINE does not include a skill-based amusement machine, an instant bingo ticket dispenser, or an electronic instant bingo system.
SPORTING ORGANIZATION. A hunting, fishing, or trapping organization, other than a college or high school fraternity or sorority, that is not organized for profit, that is affiliated with a state or national sporting organization, including but not limited to, the Ohio League of Sportsmen and that has been in continuous existence in the state for a period of three years.
SUSPEND. To interrupt temporarily all rights and privileges of the holder of a license issued under Ohio R.C. 2915.08, 2915.081 or 2915.082 or a charitable gaming license issued by another jurisdiction.
SWEEPSTAKES. Any game, contest, advertising scheme or plan or other promotion where consideration is not required for a person to enter to win or become eligible to receive any prize, the determination of which is based upon chance. SWEEPSTAKES does not include bingo as authorized under Ohio R.C. Ch. 2915, pari- mutuel wagering as authorized by Ohio R.C. Ch. 3769, lotteries conducted by the State Lottery Commission as authorized by Ohio R.C. Ch. 3770 and casino gaming as authorized by Ohio R.C. Ch. 3772.
SWEEPSTAKES TERMINAL DEVICE.
(1) A mechanical, video, digital or electronic machine or device that is owned, leased or otherwise possessed by any person conducting a sweepstakes, or by that person’s partners, affiliates, subsidiaries or contractors, that is intended to be used by a sweepstakes participant, and that is capable of displaying information on a screen or other mechanism. A device is a
SWEEPSTAKES TERMINAL DEVICE if any of the following apply:
(a) The device uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;
(b) The device utilizes software such that the simulated game influences or determines the winning of or value of the prize;
(c) The device selects prizes from a predetermined finite pool of entries;
(d) The device utilizes a mechanism that reveals the content of a predetermined sweepstakes entry;
(e) The device predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed;
(f) The device utilizes software to create a game result;
(g) The device reveals the prize incrementally, even though the device does not influence the awarding of the prize or the value of any prize awarded; and
(h) The device determines and associates the prize with an entry or entries at the time the sweepstakes is entered.
(2) As used in this definition and in § 630.02 of this chapter:
(a) ENTER. The act by which a person becomes eligible to receive any prize offered in a sweepstakes.
(b) ENTRY. One event from the initial activation of the sweepstakes terminal device until all the sweepstakes prize results from that activation are revealed.
(c) PRIZE. Any gift, award, gratuity, good, service, credit, reward or any other thing of value that may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
(d) SWEEPSTAKES TERMINAL DEVICE FACILITY. Any location in this state where a sweepstakes terminal device is provided to a sweepstakes participant, except as provided in § 630.02(G) of this chapter and Ohio R.C. 2915.02(G).
VETERAN’S ORGANIZATION.
(1) Any individual post or state headquarters of a national veteran’s association or an auxiliary unit of any individual post of a national veteran’s association, which post, state headquarters or auxiliary unit is incorporated as a nonprofit corporation and either has received a letter from the state headquarters of the national veteran’s association indicating that the individual post or auxiliary unit is in good standing with the national veteran’s association or has received a letter from the national veteran’s association indicating that the state headquarters is in good standing with the national veteran’s association.
(2) As used in this division, “national veteran’s association” means any veteran’s association that has been in continuous existence as such for a period of at least five years and either is incorporated by an act of the United States Congress or has a national dues-paying membership of at least 5,000 persons.
VOLUNTEER FIREFIGHTER’S ORGANIZATION. Any organization of volunteer firefighters, as defined in Ohio R.C. 146.01, that is organized and operated exclusively to provide financial support for a volunteer fire department or a volunteer fire company and that is recognized or ratified by a county, municipal corporation or township.
VOLUNTEER RESCUE SERVICE ORGANIZATION. Any organization of volunteers organized to function as an emergency medical service organization, as defined in Ohio R.C. 4765.01.
YOUTH ATHLETIC ORGANIZATION. Any organization, not organized for profit, that is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are 21 years of age or younger by means of sponsoring, organizing, operating or contributing to the support of an athletic team, club, league or association.
YOUTH ATHLETIC PARK ORGANIZATION. Any organization, not organized for profit, that satisfies both of the following:
(1) It owns, operates and maintains playing fields that satisfy both of the following:
(a) The playing fields are used for athletic activities by one or more organizations, not organized for profit, each of which is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are 18 years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.
(b) The playing fields are not used for any profit-making activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for the operation, maintenance and improvement of its playing fields of the type described in division (1) of this definition.
(ORC 2915.01)
(A) No person shall do any of the following:
(1) Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking;
(2) Establish, promote or operate or knowingly engage in conduct that facilitates any game of chance conducted for profit or any scheme of chance;
(3) Knowingly procure, transmit, exchange or engage in conduct that facilitates the procurement, transmission or exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any game of chance conducted for profit or any scheme of chance;
(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;
(5) Conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility and either:
(a) Give to another person any item described in Ohio R.C. 2915.01(VV)(1), (VV)(2), (VV)(3) or (VV)(4) as a prize for playing or participating in a sweepstakes; or
(b) Give to another person any merchandise prize, or a redeemable voucher for a merchandise prize, the wholesale value of which is in excess of $10 and which is awarded as a single entry for playing or participating in a sweepstakes. Redeemable vouchers shall not be redeemable for a merchandise prize that has a wholesale value of more than $10.
(6) Conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility without first obtaining a current annual “certificate of registration” from the Attorney General as required by Ohio R.C. 2915.02(F); or
(7) With purpose to violate divisions (A)(1), (A)(2), (A)(3), (A)(4), (A)(5) or (A)(6) above, acquire, possess, control or operate any gambling device.
(B) For purposes of division (A)(1) above, a person facilitates bookmaking if the person in any way knowingly aids an illegal bookmaking operation, including, without limitation, placing a bet with a person engaged in or facilitating illegal bookmaking. For purposes of division (A)(2) above, a person facilitates a game of chance conducted for profit or a scheme of chance if the person in any way knowingly aids in the conduct or operation of any such game or scheme, including, without limitation, playing any such game or scheme.
(C) This section does not prohibit conduct in connection with gambling expressly permitted by law.
(D) This section does not apply to any of the following:
(1) Games of chance, if all of the following apply:
(a) The games of chance are not craps for money or roulette for money;
(b) The games of chance are conducted by a charitable organization that is and has received from the Internal Revenue Service a determination letter that is currently in effect, stating that the organization is exempt from federal income taxation under I.R.C. § 501(a) and described in I.R.C. § 501(c)(3);
(c) The games of chance are conducted at festivals of the charitable organization that are conducted not more than a total of five days a calendar year, and are conducted on premises owned by the charitable organization for a period of no less than one year immediately preceding the conducting of the games of chance, on premises leased from a governmental unit, or on premises that are leased from a veteran’s or fraternal organization and that have been owned by the lessor veteran’s or fraternal organization for a period of no less than one year immediately preceding the conducting of the games of chance. A charitable organization shall not lease premises from a veteran’s or fraternal organization to conduct a festival described in this division, if the veteran’s or fraternal organization already has leased the premises 12 times during the preceding year to charitable organizations for that purpose. If a charitable organization leases premises from a veteran’s or fraternal organization to conduct a festival described in this division (D)(1)(c), the charitable organization shall not pay a rental rate for the premises per day of the festival that exceeds the rental rate per bingo session that a charitable organization may pay under Ohio R.C. 2915.09(B)(1) or a substantially equivalent municipal ordinance when it leases premises from another charitable organization to conduct bingo games;
(d) All of the money or assets received from the games of chance after deduction only of prizes paid out during the conduct of the games of chance are used by, given, donated or otherwise transferred to any organization that is described in I.R.C. § 509(a)(1), (a)(2) or (a)(3) and is either a governmental unit or an organization that is tax exempt under I.R.C. § 501(a) and described in I.R.C. § 501(c)(3); and
(e) The games of chance are not conducted during or within ten hours of a bingo game conducted for amusement purposes only pursuant to Ohio R.C. 2915.12 or a substantially equivalent municipal ordinance. No person shall receive any commission, wage, salary, reward, tip, donation, gratuity or other form of compensation, directly or indirectly, for operating or assisting in the operation of any game of chance.
(2) Any tag fishing tournament, as defined in Ohio R.C. 1531.01, operated under a permit issued under Ohio R.C. 1533.92; and
(3) Bingo conducted by a charitable organization that holds a license issued under Ohio R.C. 2915.08.
(E) Division (D) above shall not be construed to authorize the sale, lease or other temporary or permanent transfer of the right to conduct games of chance, as granted by that division (D), by any charitable organization that is granted that right.
(F) (1) Any person desiring to conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility shall first register with the Office of the Attorney General and obtain an annual certificate of registration by providing a filing fee of $200 and all information as required by rule adopted under Ohio R.C. 2915.02(H). Not later than the tenth day of each month, each sweepstakes terminal device operator shall file a sweepstakes terminal device monthly report with the Attorney General and provide a filing fee of $50 and all information required by rule adopted under Ohio R.C. 2915.02(H).
(2) All information provided to the Attorney General under this division (F) shall be available to law enforcement upon request.
(G) (1) A person may apply to the Attorney General, on a form prescribed by the Attorney General, for a certificate of compliance that the person is not operating a sweepstakes terminal device facility. The form shall require the person to include the address of the business location where sweepstakes terminal devices will be used and to make the following certifications:
(a) That the person will not use more than two sweepstakes terminal devices at the business location;
(b) That the retail value of sweepstakes prizes to be awarded at the business location using sweepstakes terminal devices during a reporting period will be less than 3% of the gross revenue received at the business location during the reporting period;
(c) That no other form of gaming, except lottery ticket sales as authorized under Ohio R.C. Ch. 3770 will be conducted at the business location or in an adjoining area of the business location;
(d) That any sweepstakes terminal device at the business location will not allow any deposit of any money, coin or token, or the use of any credit card, debit card, prepaid card, or any other method of similar payment to be used, directly or indirectly, to participate in a sweepstakes;
(e) That notification of any prize will not take place on the same day as a participant’s sweepstakes entry; and
(f) That the person consents to provide any other information to the Attorney General as required by rule adopted under Ohio R.C. 2915.02(H).
(2) The filing fee for a certificate of compliance is $250. The Attorney General may charge up to an additional $250 for reasonable expenses resulting from any investigation related to an application for a certificate of compliance.
(3) A certificate of compliance is effective for one year. The certificate holder may reapply for a certificate of compliance. A person issued a certificate of compliance shall file semiannual reports with the Attorney General stating the number of sweepstakes terminal devices at the business location and that the retail value of prizes awarded at the business location using sweepstakes terminal devices is less than 3% of the gross revenue received at the business location.
(H) Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. If the offender previously has been convicted of any gambling offense, gambling is a felony to be prosecuted under appropriate state law. Notwithstanding this division, failing to file a sweepstakes terminal device monthly report as required by division (F) above or the semiannual report required by division (G) above is a misdemeanor of the first degree.
(ORC 2915.02(A) - (G), (K))
(A) No person, being the owner or lessee, or having custody, control or supervision of premises, shall:
(1) Use or occupy the premises for gambling in violation of Ohio R.C. 2915.02 or a substantially equivalent municipal ordinance; and
(2) Recklessly permit the premises to be used or occupied for gambling in violation of Ohio R.C. 2915.02 or a substantially equivalent municipal ordinance.
(B) Whoever violates division (A) above is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony to be prosecuted under appropriate state law.
(C) Premises used or occupied in violation of this section constitute a nuisance subject to abatement under Ohio R.C. Ch. 3767.
(ORC 2915.03)
(A) No person, while at a hotel, restaurant, tavern, store, arena, hall or other place of public accommodation, business, amusement or resort shall make a bet or play any game of chance or scheme of chance.
(B) No person, being the owner or lessee, or having custody, control or supervision of a hotel, restaurant, tavern, store, arena, hall or other place of public accommodation, business, amusement or resort shall recklessly permit those premises to be used or occupied in violation of division (A) above.
(C) Divisions (A) and (B) above do not prohibit conduct in connection with gambling expressly permitted by law.
(D) Whoever violates this section is guilty of public gaming. Except as otherwise provided in this division, public gaming is a minor misdemeanor. If the offender previously has been convicted of any gambling offense, public gaming is a misdemeanor of the fourth degree.
(E) Premises used or occupied in violation of division (B) above constitute a nuisance subject to abatement under R.C. Ch. 3767.
(ORC 2915.04)
(A) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall engage in conduct designed to corrupt the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill or endurance that is not an athletic or sporting event;
(3) A scheme or game of chance; and
(4) Bingo.
(B) No person shall knowingly do any of the following:
(1) Offer, give, solicit or accept anything of value to corrupt the outcome of an athletic or sporting event; and
(2) Engage in conduct designed to corrupt the outcome of an athletic or sporting event.
(C) (1) Whoever violates division (A) above is guilty of cheating. Except as otherwise provided in this division (C), cheating is a misdemeanor of the first degree. If the potential gain from the cheating is $1,000 or more or if the offender previously has been convicted of any gambling offense or of any theft offense as defined in Ohio R.C. 2913.01, cheating is a felony to be prosecuted under appropriate state law.
(2) Whoever violates division (B) above is guilty of corrupting sports. Corrupting sports is a felony to be prosecuted under appropriate state law.
(ORC 2915.05)
(A) No charitable organization that conducts bingo shall fail to do any of the following:
(1) Own all of the equipment used to conduct bingo or lease that equipment from a charitable organization that is licensed to conduct bingo, or from the landlord of a premises where bingo is conducted, for a rental rate that is not more than is customary and reasonable for that equipment;
(2) Except as otherwise provided in division (A)(3) below, use all of the gross receipts from bingo for paying prizes, for reimbursement of expenses for or for renting premises in which to conduct bingo, for purchasing or leasing bingo supplies used in conducting bingo, for reimbursement of expenses for or for hiring security personnel, for reimbursement of expenses for or for advertising bingo or for reimbursement of other expenses or for other expenses listed in the definition for “expenses” in Ohio R.C. 2915.01; provided that, the amount of the receipts so spent is not more than is customary and reasonable for a similar purchase, lease, hiring, advertising or expense. If the building in which bingo is conducted is owned by the charitable organization conducting bingo and the bingo conducted includes a form of bingo described in division (1) of the definition of “bingo” in Ohio R.C. 2915.01, the charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser of $600 or 45% of the gross receipts from the bingo described in that division as consideration for the use of the premises; and
(3) Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo described in R.C. § 2915.01(O)(1) for a charitable purpose listed in its license application and described in R.C. § 2915.01(V), or distribute all of the net profit from the proceeds of the sale of instant bingo or electronic instant bingo as stated in its license application and in accordance with R.C. § 2915.101, as applicable.
(B) No charitable organization that conducts a bingo game described in division (1) of the definition of “bingo” in Ohio R.C. 2915.01 shall fail to do any of the following:
(1) Conduct the bingo game on premises that are owned by the charitable organization, on premises that are owned by another charitable organization and leased from that charitable organization for a rental rate not in excess of the lesser of $650 per bingo session or 45% of the gross receipts of the bingo session, on premises that are leased from a person other than a charitable organization for a rental rate that is not more than is customary and reasonable for premises that are similar in location, size and quality but not in excess of $450 per bingo session, or on premises that are owned by a person other than a charitable organization, that are leased from that person by another charitable organization, and that are subleased from that other charitable organization by the charitable organization for a rental rate not in excess of $450 per bingo session. No charitable organization is required to pay property taxes or assessments on premises that the charitable organization leases from another person to conduct bingo sessions. If the charitable organization leases from a person other than a charitable organization the premises on which it conducts bingo sessions, the lessor of the premises shall provide only the premises to the organization and shall not provide the organization with bingo game operators, security personnel, concessions or concession operators, bingo supplies or any other type of service. A charitable organization shall not lease or sublease premises that it owns or leases to more than three other charitable organizations per calendar week for the purpose of conducting bingo sessions on the premises. A person that is not a charitable organization shall not lease premises that it owns, leases or otherwise is empowered to lease to more than three charitable organizations per calendar week for conducting bingo sessions on the premises. In no case shall more than nine bingo sessions be conducted on any premises in any calendar week;
(2) Display its license conspicuously at the premises where the bingo session is conducted; and
(3) Conduct the bingo session in accordance with division (1) of the definition of “bingo” in Ohio R.C. 2915.01.
(C) No charitable organization that conducts a bingo game described in division (1) of the definition of “bingo” in Ohio R.C. 2915.01 shall not do any of the following:
(1) Pay any compensation to a bingo game operator for operating a bingo session that is conducted by the charitable organization or for preparing, selling, or serving food or beverages at the site of the bingo session, permit any auxiliary unit or society of the charitable organization to pay compensation to any bingo game operator who prepares, sells or serves food or beverages at a bingo session conducted by the charitable organization, or permit any auxiliary unit or society of the charitable organization to prepare, sell or serve food or beverages at a bingo session conducted by the charitable organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell or serve the food or beverages;
(2) Pay consulting fees to any person for any services performed in relation to the bingo session;
(3) Pay concession fees to any person who provides refreshments to the participants in the bingo session;
(4) Except as otherwise provided in this division (C)(4), conduct more than three bingo sessions in any seven-day period. A volunteer firefighter’s organization or a volunteer rescue service organization that conducts not more than five bingo sessions in a calendar year may conduct more than three bingo sessions in a seven-day period after notifying the Attorney General when it will conduct the sessions;
(5) Pay out more than $6,000 in prizes during any bingo session that is conducted by the charitable organization;
(6) Conduct a bingo session at any time during the eight-hour period between 2:00 a.m. and 10:00 a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only pursuant to Ohio R.C. 2915.12 or any substantially equivalent municipal ordinance, at any premises not specified on its license, or on any day of the week or during any time period not specified on its license. This division does not prohibit the sale of instant bingo tickets beginning at 9:00 a.m. for a bingo session that begins at 10:00 a.m. If circumstances make it impractical for the charitable organization to conduct a bingo session at the premises, or on the day of the week or at the time specified on its license or if a charitable organization wants to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license, the charitable organization may apply in writing to the Attorney General for an amended license pursuant to R.C. § 2915.08(J). A charitable organization may apply twice in each calendar year for an amended license to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license. If the amended license is granted, the organization may conduct bingo sessions at the premises, on the day of the week, and at the time specified on its amended license;
(7) Permit any person whom the charitable organization knows, or should have known, is under the age of 18 to work as a bingo game operator;
(8) Permit any person whom the charitable organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator;
(9) Permit the lessor of the premises on which the bingo session is conducted, if the lessor is not a charitable organization, to provide the charitable organization with bingo game operators, security personnel, concessions, bingo supplies or any other type of service;
(10) Purchase or lease bingo supplies from any person, except a distributor issued a license under Ohio R.C. 2915.081;
(11) (a) Use or permit the use of electronic bingo aids, except under the following circumstances:
1. For any single participant, not more than 90 bingo faces can be played using an electronic bingo aid or aids;
2. The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo cards or sheets;
3. The total price of bingo faces played with an electronic bingo aid shall be equal to the total price of the same number of bingo faces played with a paper bingo card or sheet sold at the same bingo session but without an electronic bingo aid;
4. An electronic bingo aid cannot be part of an electronic network other than a network that includes only bingo aids and devices that are located on the premises at which the bingo is being conducted or be interactive with any device not located on the premises at which the bingo is being conducted;
5. An electronic bingo aid cannot be used to participate in bingo that is conducted at a location other than the location at which the bingo session is conducted and at which the electronic bingo aid is used; and
6. An electronic bingo aid cannot be used to provide for the input of numbers and letters announced by a bingo caller other than the bingo caller who physically calls the numbers and letters at the location at which the bingo session is conducted and at which the electronic bingo aid is used.
(b) The Attorney General may adopt rules in accordance with Ohio R.C. Ch. 119 that govern the use of electronic bingo aids. The rules may include a requirement that an electronic bingo aid be capable of being audited by the Attorney General to verify the number of bingo cards or sheets played during each bingo session.
(12) Permit any person the charitable organization knows, or should have known, to be under 18 years of age to play bingo described in division (1) of the definition of “bingo” in Ohio R.C. 2915.01.
(D) (1) Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator, and no bingo game operator shall receive or accept, any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting bingo or providing other work or labor at the site of bingo during a bingo session.
(2) Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly regardless of the source, for conducting instant bingo, electronic instant bingo, or both other than at a bingo session at the site of instant bingo, electronic instant bingo, or both other than at a bingo session.
(3) Nothing in this division (D) of this section prohibits an employee of a fraternal organization, veteran’s organization, or sporting organization from selling instant bingo tickets or cards to the organization’s members or invited guests, as long as no portion of the employee’s compensation is paid from any receipts of bingo.
(E) Notwithstanding division (B)(1) above, a charitable organization that, prior to 12-6-1977, has entered into written agreements for the lease of premises it owns to another charitable organization or other charitable organizations for the conducting of bingo sessions so that more than two bingo sessions are conducted per calendar week on the premises, and a person that is not a charitable organization and that, prior to 12-6-1977, has entered into written agreements for the lease of premises it owns to charitable organizations for the conducting of more than two bingo sessions per calendar week on the premises, may continue to lease the premises to those charitable organizations; provided that, no more than four sessions are conducted per calendar week, that the lessor organization or person has notified the Attorney General in writing of the organizations that will conduct the sessions and the days of the week and the times of the day on which the sessions will be conducted, that the initial lease entered into with each organization that will conduct the sessions was filed with the Attorney General prior to 12-6-1977, and that each organization that will conduct the sessions was issued a license to conduct bingo games by the Attorney General prior to 12-6-1977.
(F) Whoever violates division (A)(2) above is guilty of illegally conducting a bingo game, a felony to be prosecuted under appropriate state law. Except as otherwise provided in this division (F), whoever violates divisions (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) to (C)(11) or (D) above is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of divisions (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) to (C)(11) or (D) above, a violation of divisions (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) to (C)(11) or (D) above is a misdemeanor of the first degree. Whoever violates division (C)(12) above is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (C)(12) above, a violation of division (C)(12) above is a felony to be prosecuted under appropriate state law.
(ORC 2915.09)
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