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(a) No charitable organization that conducts bingo or a game of chance pursuant to Ohio R.C. 2915.02(D), or any substantially equivalent municipal ordinance, shall fail to maintain the following records for at least three years from the date on which the bingo or game of chance is conducted:
(1) An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each raffle, each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number;
(2) An itemized list of all expenses, other than prizes, that are incurred in conducting bingo or instant bingo, the name of each person to whom the expenses are paid, and a receipt for all of the expenses;
(3) A list of all prizes awarded during each bingo session, each raffle, each punch board game, and each game of chance conducted by the charitable organization, the total prizes awarded from each game of instant bingo by serial number, and the name, address, and social security number of all persons who are winners of prizes of six hundred dollars ($600.00) or more in value;
(4) An itemized list of the recipients of the net profit of bingo or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or assets received from a game of chance, for any charitable or other purpose set forth in Ohio R.C. 2915.01(Z), Ohio R.C. 2915.02(D), or Ohio R.C. 2915.101, a list of each purpose and an itemized list of each expenditure for each purpose;
(5) The number of persons who participate in any bingo session or game of chance that is conducted by the charitable organization;
(6) A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or societies, if the receipts were excluded from "gross receipts" under Ohio R.C. 2915.01(X);
(7) An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo conducted by the charitable organization in the sale of food and beverages by the charitable organization or by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and a receipt for all of the expenses.
(b) A charitable organization shall keep the records that it is required to maintain pursuant to division (a) of this section at its principal place of business in this State or at its headquarters in this State and shall notify the Attorney General of the location at which those records are kept.
(c) The gross profit from each bingo session or game described in division (1) or (2) of the definition of "bingo" in Ohio R.C. 2915.01 shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of the bingo session or game shall be made only by checks drawn on the bingo session or game account.
(d) Each charitable organization shall conduct and record an inventory of all of its bingo supplies as of the first day of November of each year.
(e) The Attorney General may adopt rules in accordance with Ohio R.C. Chapter 119 that establish standards of accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly accounted for.
(f) A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing to another person bingo supplies for use in this State. The record shall include all of the following for each instance:
(1) The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;
(2) The name and address of the charitable organization or other distributor to which the bingo supplies were sold or otherwise provided;
(3) A description that clearly identifies the bingo supplies;
(4) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each charitable organization.
(g) A manufacturer shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing bingo supplies for use in this State. The record shall include all of the following for each instance:
(1) The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;
(2) A description that clearly identifies the bingo supplies, including serial numbers;
(3) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.
(h) (1) The Attorney General or any law enforcement agency may do all of the following:
A. Investigate any charitable organization or any officer, agent, trustee, member, or employee of the organization;
B. Examine the accounts and records of the organization;
C. Conduct inspections, audits, and observations of bingo or games of chance;
D. Conduct inspections of the premises where bingo or games of chance are conducted;
E. Take any other necessary and reasonable action to determine if a violation of any provision of this chapter or Ohio R.C. Chapter 2915 has occurred and to determine whether Ohio R.C. 2915.11, or any substantially equivalent municipal ordinance, has been complied with.
(2) If any law enforcement agency has reasonable grounds to believe that a charitable organization or an officer, agent, trustee, member, or employee of the organization has violated any provision of this chapter or Ohio R.C. Chapter 2915, the law enforcement agency may proceed by action in the proper court to enforce this chapter or Ohio R.C. Chapter 2915, provided that the law enforcement agency shall give written notice to the Attorney General when commencing an action as described in this division.
(i) No person shall destroy, alter, conceal, withhold, or deny access to any accounts or records of a charitable organization that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of bingo or a game of chance or premises where bingo or a game of chance is conducted, or refuse to comply with any reasonable request of, or obstruct, impede, or interfere with any other reasonable action undertaken by, the Attorney General or a law enforcement agency pursuant to division (h) of this section.
(j) Whoever violates division (a) or (i) of this section is guilty of a misdemeanor of the first degree.
(ORC 2915.10)
(a) No person shall be a bingo game operator unless the person is 18 years of age or older.
(b) No person who has been convicted of a felony or a gambling offense in any jurisdiction shall be a bingo game operator.
(c) Whoever violates division (a) of this section is guilty of a misdemeanor of the third degree. Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.
(ORC 2915.11)
(1) A. The participants do not pay any money or any other thing of value, including an admission fee or any fee, for bingo cards or sheets, objects to cover the spaces, or other devices used in playing bingo, for the privilege of participating in the bingo game, or to defray any costs of the game, or pay tips or make donations during or immediately before or after the bingo game.
B. All prizes awarded during the course of the game are non-monetary, and in the form of merchandise, goods, or entitlement to goods or services only, and the total value of all prizes awarded during the game is less than one hundred dollars ($100.00).
C. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.
D. The bingo game is not conducted either during or within ten hours of any of the following:
1. A bingo session during which a charitable bingo game is conducted pursuant to Ohio R.C. 2915.07 through 2915.11 or any substantially equivalent municipal ordinance.
2. A scheme or game of chance, or bingo described in division (2) of its definition in Ohio R.C. 2915.01.
E. The number of players participating in the bingo game does not exceed 50.
(2) A. The participants do not pay money or any other thing of value as an admission fee, and no participant is charged more than twenty-five cents ($0.25) to purchase a bingo card or sheet, objects to cover the spaces, or other devices used in playing bingo.
B. The total amount of money paid by all of the participants for bingo cards or sheets, objects to cover the spaces, or other devices used in playing bingo does not exceed one hundred dollars ($100.00).
C. All of the money paid for bingo cards or sheets, objects to cover spaces, or other devices used in playing bingo is used only to pay winners monetary and nonmonetary prizes and to provide refreshments.
D. The total value of all prizes awarded during the game does not exceed one hundred dollars ($100.00).
E. No commission, wages, salary, reward, tip, donation, gratuity, or other form of compensation, either directly or indirectly, and regardless of the source, is paid to any bingo game operator for work or labor performed at the site of the bingo game.
F. The bingo game is not conducted during or within ten hours of either of the following:
1. A bingo session during which a charitable bingo game is conducted pursuant to Ohio R.C. 2915.07 through 2915.11 or any substantially equivalent municipal ordinance;
2. A scheme of chance or a game of chance, or bingo described in division (2) of its definition in Ohio R.C. 2915.01.
G. All of the participants reside at the premises where the bingo game is conducted.
H. The bingo games are conducted on different days of the week and not more than twice in a calendar week.
(b) The Attorney General or any local law enforcement agency may investigate the conduct of a bingo game that purportedly is conducted for purposes of amusement only if there is reason to believe that the purported amusement bingo game does not comply with the requirements of either division (a)(1) or (a)(2) of this section. A local law enforcement agency may proceed by action in the proper court to enforce this section if the local law enforcement agency gives written notice to the Attorney General when commencing the action.
(ORC 2915.12)
(a) Bingo played pursuant to the Constitution and laws of the State of Ohio shall be permitted in any one location within the City no more than twice in one week. The sponsoring organization of any bingo game must submit to the Chief of Police, prior to holding a bingo game within the City, a copy of the license issued by the Attorney General of the State of Ohio permitting that sponsoring organization to, in fact, pursuant to the Constitution and laws of the State of Ohio, play bingo for charitable purposes. The owner and/or lessee of any structure used for the playing of bingo for charitable purposes and/or the sponsoring organization of the bingo game shall be responsible for compliance with this section.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(Ord. 223-1976. Passed 10-8-76.)
Upon adjudication by the Courts that any apparatus, books, tickets, tokens, tables, machines, instruments or devices were kept, used, maintained or intended for the purpose of gambling in violation of this chapter or of State law, the court may forthwith order the destruction of all such property by the Police Department.
(Ord. 232-1971. Passed 9-7-71.)
(a) No person, being the owner or lessee, or having custody, control or supervision, of premises, shall use or occupy such premises for sale, transfer or distribution, whether done manually or through any mechanical device, of "instant bingo" tickets or similar items in which, in exchange for some consideration, one receives a ticket or other item that can immediately reveal that the holder thereof has won a prize in cash or otherwise, unless done in conjunction with a bingo game conducted by a charitable organization that has obtained a bingo license pursuant to Ohio R.C. 2915.08, which can only be sold during those hours stated on the bingo license and cannot extend beyond. In addition, if the following requirements and restrictions are met, an approved charitable organization, or any other State-approved exempt charitable organization with a bingo license that allows the sale of instant bingo tickets may hold a separate instant ticket sales event at which the charitable organization may sell instant bingo tickets:
(1) The instant bingo ticket sales event is held on the property of the charitable organization;
(2) The instant ticket sales event is held no more than one time per week;
(3) The instant ticket sales event is be held for no more than six consecutive hours;
(4) The instant ticket sales event is held between the hours of 5:00 p.m. and 11:00 p.m.; and
(5) There is a security officer on duty all times at the instant ticket sales event.
(b) This section additionally shall not apply to the sale, transfer or distribution of any such items by the Ohio Lottery Commission or its authorized agents.
(c) No person shall sell, transfer or distribute instant bingo tickets off the premises of a charitable organization, or not in conjunction with a bingo license, without first obtaining a permit from the Chief of Police, who may issue such permit after receiving a fee of five dollars ($5.00). Said permit shall contain the following information: The name, telephone number and address of the organization; the name and telephone number of the individual applying for the permit; the dates when instant bingo will be played; a description of the function, including the hours of instant bingo operation; the address where the event will be held; the name and telephone number of a contact person; a copy of the organization's charitable exemption papers or 501(c)(3) letter; and a copy of the contract with an outside company which is providing service at the function, if applicable.
(d) All instant bingo is subject to the same maintenance of records and inspection in the City as required by Section 517.07 and Ohio R.C. 2915.10.
(e) Whoever violates any of the provisions of this section is guilty of operating an instant bingo parlor, a misdemeanor of the first degree, provided the offender has not been convicted of a gambling offense. The penalty shall be as provided in Section 599.02.
(Ord. 72-1997. Passed 3-17-97; Eff. 4-17-97; Ord. 156-2005. Passed 10-3-05.)
(a) No charitable organization that conducts instant bingo shall do any of the following:
(1) Fail to comply with the requirements of Ohio R.C. 2915.09(A)(1), (A)(2), and (A)(3), or any substantially equivalent municipal ordinance;
(2) Conduct instant bingo unless either of the following applies:
A. That organization 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), is described in IRC 501(c)(3), is a charitable organization as defined in Ohio R.C. 2915.01, is in good standing in the State pursuant to Ohio R.C. 2915.08, and is in compliance with Ohio R.C. Chapter 1716;
B. That organization 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), is described in IRC 501(c)(7), (c)(8), (c)(10), or (c)(19) or is a veteran's organization described in IRC 501(c)(4), and conducts instant bingo under Ohio R.C. 2915.13.
(3) Conduct instant bingo on any day, at any time, or at any premises not specified on the organization's license issued pursuant to Ohio R.C. 2915.08;
(4) Permit any person whom the organization knows or should have known has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator in the conduct of instant bingo;
(5) Purchase or lease supplies used to conduct instant bingo or punch board games from any person except a distributor licensed under Ohio R.C. 2915.081;
(6) Sell or provide any instant bingo ticket or card for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare;
(7) Sell an instant bingo ticket or card to a person under 18 years of age;
(8) Fail to keep unsold instant bingo tickets or cards for less than three years;
(9) Pay any compensation to a bingo game operator for conducting instant bingo that is conducted by the organization or for preparing, selling, or serving food or beverages at the site of the instant bingo game, permit any auxiliary unit or society of the organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at an instant bingo game conducted by the organization, or permit any auxiliary unit or society of the organization to prepare, sell, or serve food or beverages at an instant bingo game conducted by the organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages;
(10) Pay fees to any person for any services performed in relation to an instant bingo game;
(11) Pay fees to any person who provides refreshments to the participants in an instant bingo game;
(12) A. Allow instant bingo tickets or cards to be sold to bingo game operators at a premises at which the organization sells instant bingo tickets or cards or to be sold to employees of a D permit holder who are working at a premises at which instant bingo tickets or cards are sold;
B. Division (a)(12)A. of this section does not prohibit a licensed charitable organization or a bingo game operator from giving any person an instant bingo ticket as a prize in place of a cash prize won by a participant in an instant bingo game. In no case shall an instant bingo ticket or card be sold or provided for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare.
(13) Fail to display its bingo license, and the serial numbers of the deal of instant bingo tickets or cards to be sold, conspicuously at each premises at which it sells instant bingo tickets or cards;
(14) Possess a deal of instant bingo tickets or cards that was not purchased from a distributor licensed under Ohio R.C. 2915.081 as reflected on an invoice issued by the distributor that contains all of the information required by Ohio R.C. 2915.10(E);
(15) Fail, once it opens a deal of instant bingo tickets or cards, to continue to sell the tickets or cards in that deal until the tickets or cards with the top two highest tiers of prizes in that deal are sold;
(16) Possess bingo supplies that were not obtained in accordance with Ohio R.C. Chapter 2915.
(b) (1) A charitable organization may conduct instant bingo other than at a bingo session at not more than five separate locations. A charitable organization that is exempt from federal taxation under IRC 501(a) and described in IRC 501(c)(3) and that is created by a veteran's organization or a fraternal organization is not limited in the number of separate locations the charitable organization may conduct instant bingo other than at a bingo session.
(2) A charitable organization may purchase, lease, or use instant bingo ticket dispensers to sell instant bingo tickets or cards.
(c) Pursuant to Ohio R.C. 2915.091(C), the Attorney General may adopt rules in accordance with Ohio R.C. Chapter 119 that govern the conduct of instant bingo by charitable organizations.
(d) Whoever violates division (a) of this section or a rule adopted under division (c) of this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (a) of this section or of such a rule adopted under division (c) of this section, illegal instant bingo conduct is a felony to be prosecuted under appropriate State law.
(ORC 2915.091)
(a) (1) Subject to division (a)(2) of this section, a charitable organization, a public school, a chartered nonpublic school, a community school, or a veteran’s organization, fraternal organization, or ;sporting organization that is exempt from federal income taxation under IRC 501(a) and is described in IRC 501(c)(3),501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) may conduct a raffle to raise money for the organization or school and does not need a license to conduct bingo in order to conduct a raffle drawing that is not for profit.
(2) If a charitable organization that is described in division (a)(1) of this section, but that is not also described in IRC 501(c)(3), conducts a raffle, the charitable organization shall distribute at least 50% of the net profit from the raffle to a charitable purpose described in Ohio R.C. 2915.01(Z) or to a department or agency of the federal government, the State, or any political subdivision.
(b) A chamber of commerce may conduct not more than one raffle per year to raise money for the chamber of commerce.
(c) Except as provided in division (a) or (b) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit.
(d) Whoever violates division (c) of this section is guilty of illegal conduct of a raffle. Except as otherwise provided in this division, illegal conduct of a raffle is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (c) of this section, illegal conduct of a raffle is a felony to be prosecuted under appropriate State law.
(ORC 2915.092)
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