513.14 LOITERING IN AID OF DRUG OFFENSES.

   (a)   No person, with purpose to commit or aid in the commission of a drug abuse offense, shall loiter in any public place, and do any of the following:

      (1)   Repeatedly beckon, stop, attempt to stop, or engage passers-by or pedestrians in conversation; or

      (2)   Repeatedly stop or attempt to stop motor vehicles; or

      (3)   Repeatedly interfere with the free passage of other persons.

   (b)   No person, with purpose to commit or aid in the commission of a drug abuse offense, shall loiter in any public place.

   (c)   For purposes of this section, the term "drug abuse offense" is defined in the same manner as set forth in Ohio R.C. 2925.01(H) and also includes any violation of substantially equivalent offenses under this chapter, and the term "controlled substances" is defined in the same manner set forth in Ohio R.C. 3719.01(D)

   (d)   For purposes of this section, the term "loiter" means to resort to, remain or wander about in an idle manner essentially in one place and shall include the concepts of spending time idly, or sitting, standing or walking about aimlessly.

   (e)   For purposes of this section, the term "public place" means an area of property, either publicly owned or to which the public has access, and includes but is not limited to streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities, or other place open to the public, the doorways, entrances, porches, passageways, and roofs to any such building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.

   (f)   In making a determination that a person is loitering or remaining about any public place for the purpose of engaging in prohibited drug related activity, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:

      (1)   The person has been convicted or been found delinquent for a drug abuse offense within the three years preceding the arrest;

      (2)   The person is loitering and directing pedestrians or motorists through words, hailing, waiving of arms, pointing, signaling or other bodily gesture, to a person or premises where controlled substances are possessed or sold;

      (3)   The person is loitering and has an electronic device, walkie-talkie or beeper within 100 yards of a person or premises where controlled substances are possessed or sold;

      (4)   The person being observed is engaging in any of the following: the observable distribution of small packages to other persons, the receipt of currency for the exchange of a small package, operating as a "lookout", warning others of the arrival of police, fleeing without other apparent reason upon the appearance of a police officer, concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity, or engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;

24I       (5)   Information from a reliable source indicating that the person being observed routinely distributes or is currently engaging in illegal drug-related activity;

      (6)   Such person is physically identified by a police officer as a member of a "gang" or association which engages in illegal drug activity;

      (7)   Such person is a known unlawful drug user, possessor or seller. A "known unlawful drug user, possessor or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court of a drug abuse offense; or a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes or "needle tracks"; or a person who possess drug paraphernalia;

28E Gambling 517.06   (b)   Whoever violates this section is guilty of cheating, a misdemeanor of the first degree, if the potential gain from cheating is less than three hundred dollars ($300.00), or if the offender has not previously been convicted of any gambling offense or of any theft offense as defined in Section 545.01. (ORC 2915.05)   517.06 METHODS OF CONDUCTING A BINGO GAME; PROHIBITIONS.   (a)   A charitable organization that conducts a bingo game shall do all of the following:      (1)   Own all of the equipment used to conduct the bingo game or lease that equipment from a charitable organization that is licensed to conduct a bingo game for a rental rate that is not more than customary and reasonable for that equipment;      (2)   Use all of the gross receipts from the bingo game for paying prizes, for the charitable purposes listed in its bingo license application, for purchasing or leasing bingo cards and other equipment used in conducting the bingo game, hiring security personnel for the bingo game, or advertising the bingo game provided that the amount of the receipts so spent is not more than is customary and reasonable for a similar purchase, lease, hiring or advertising, and for renting premises in which to conduct the bingo game, except that if the building in which the game is conducted is owned by the charitable organization conducting the game, the charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser of six hundred dollars ($600.00) or forty-five percent (45%) of the gross receipts from the session as consideration for the use of the premises;      (3)   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 four hundred fifty dollars ($450.00) per 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 four hundred fifty dollars ($450.00) 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 four hundred fifty dollars ($450.00) per bingo session. If the charitable organization leases from a person other than a charitable organization the premises on which it conducts bingo games, 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 equipment or any other type of service or equipment. A charitable organization shall not lease or sublease premises that it owns or leases to more than one other charitable organization per calendar week for the purpose of conducting bingo games 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 one charitable organization per calendar week for conducting bingo games on the premises. In no case shall more than two bingo sessions be conducted on any premises in any calendar week;      (4)   Display its bingo license conspicuously at the location where the bingo game is conducted;517.06 GENERAL OFFENSES CODE 28F      (5)   Conduct the bingo game in accordance with the definition of bingo set forth in Section 517.01(s)(1).   (b)   A charitable organization that conducts a bingo game shall not do any of the following:      (1)   Pay any compensation to a bingo game operator for operating a bingo game that is conducted by the charitable organization or for preparing, selling or serving food or beverages at the site of the bingo game, 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 game;      (3)   Pay concession fees to any person who provides refreshments to the participants in the bingo game;      (4)   Conduct more than two bingo sessions in any seven-day period. Except that a volunteer fire fighter’s organization or a volunteer rescue service organization that conducts not more than five bingo sessions in a calendar year may conduct more than two bingo sessions in a seven-day period after notifying the Ohio Attorney General when it will conduct the sessions;      (5)   Pay out more than three thousand five hundred dollars ($3,500) in prizes during any bingo session that is conducted by the charitable organization;      (6)   Conduct a bingo session at any time during the ten-hour period between midnight and 10:00 a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only pursuant to Section 517.09, or at any location not specified on its bingo license, or on any day of the week or during any time period not specified on its bingo license. If circumstances beyond its control make it impossible for the charitable organization to conduct a bingo session at the location specified on its bingo 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 bingo license, the charitable organization may apply in writing to the Attorney General for an amended bingo license, pursuant to Ohio R.C. 2915.08(F). A charitable organization may apply only once 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 bingo license. If the amended license is granted, the organization may conduct bingo sessions at the location, 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 eighteen 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;Pg. 24J      (8)   Any vehicle involved in the observed circumstances is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding arrest warrant for crime involving drug-related activity: or

      (9)   Such person is present in a notorious drug trafficking location or where a disproportionately high occurrence of illegal drug activity or violent crimes related thereto have occurred.

   (g)   No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation rendered is true and considering the surrounding circumstances discloses a lawful purpose.

   (h)   Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the fourth degree. If an offender has previously been convicted under this section, violation of this section is a misdemeanor of the second degree.

(Ord. 2630. Passed 11-20-91.)