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(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) With purpose to violate division (a)(1), (2), (3), or (4) of this section, acquire, possess, control, or operate any gambling device.
(b) For purposes of division (a)(1) of this section, 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) of this section, 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 IRC 501(a) and described in IRC 501(c)(3).
C. The games of chance are conducted at festivals of the charitable organization that are conducted either for a period of four consecutive days or less and not more than twice a year, or for a period of five consecutive days not more than once a 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 twelve 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, 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.
(ORC 2915.02(A) - (D)(1)(c))
D. The hours of operation must fall between 12:00 p.m. and 1:00 a.m., not to exceed ten continuous hours.
E. The operator must obtain a permit, at a cost of fifty dollars ($50.00) per event, from the Police Department no less than 14 days prior to said event. Security personnel, as defined as any person who is either 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, will be required to work security during the hours when the event is operating.
F. Eligible organizations may have two four-day events or one five-day event per calendar year, January through December.
1. Eligible organizations must have a representative in attendance during all hours in which the charitable event is operating.
2. A copy of permit and IRC 501(c)(3) will be displayed in a conspicuous location during the entire hours of operation.
3. An accounting of income and expenses for each charitable event will be made available, upon request, by any officer of the Euclid Police Department.
G. Eligible halls and other qualified premises may have no more than four qualified events in any calendar year.
H. A hall may be used for a "Games of Chance" event if it meets one of the following requirements:
1. The hall or property belongs to the charitable organization;
2. A government agency is owner of said property; or
3. It is the property of a veteran's or fraternal organization.
(Ord. 208-2003. Passed 10-20-03.)
I. 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 IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that is tax exempt under IRC 501(a) and described in IRC 501(c)(3).
J. 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.
(3) Bingo conducted by a charitable organization that holds a license issued under Ohio R.C. 2915.08.
(e) Division (d) of this section 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, by any charitable organization that is granted that right.
(f) 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.
(ORC 2915.02(D)(1)(d) - (F))