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(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)
(a) As used in this section, "retail income from all commercial activity" means the income that a person receives from the provision of goods, services, or activities that are provided at the location where instant bingo other than at a bingo session is conducted, including the sale of instant bingo tickets. A religious organization that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c)(3), at not more than one location at which it conducts its charitable programs, may include donations from its members and guests as retail income.
(b) A charitable instant bingo organization may conduct instant bingo other than at a bingo session at not more than five separate locations.
(c) (1) If a charitable instant bingo organization conducts instant bingo other than at a bingo session, the charitable instant bingo organization shall enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted to allow the owner or lessor to assist in the conduct of instant bingo other than at a bingo session, identify each location where the instant bingo other than at a bingo session is being conducted, and identify the owner or lessor of each location.
(2) A charitable instant bingo organization that conducts instant bingo other than at a bingo session is not required to enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted provided that the owner or lessor is not assisting in the conduct of the instant bingo other than at a bingo session and provided that the conduct of the instant bingo other than at a bingo session at that location is not more than five days per calendar year and not more than ten hours per day.
(d) Except as provided in division (g) of this section, charitable instant bingo organization shall conduct instant bingo other than at a bingo session at a location where the primary source of retail income from all commercial activity at that location is the sale of instant bingo tickets.
(e) The owner or lessor of a location that enters into a contract pursuant to division (c) of this section shall pay the full gross profit to the charitable instant bingo organization, in return for the deal of instant bingo tickets. The owner or lessor may retain the money that the owner or lessor receives for selling the instant bingo tickets, provided, however, that after the deal has been sold, the owner or lessor shall pay to the charitable instant bingo organization the value of any unredeemed instant bingo prizes remaining in the deal of instant bingo tickets. As used in this division, "full gross profit" means the amount by which the total receipts of all instant bingo tickets, if the deal has been sold in full, exceeds the amount that would be paid out if all prizes were redeemed.
(f) A charitable instant bingo organization shall provide the Attorney General with all of the following information:
(1) That the charitable instant bingo organization has terminated a contract entered into pursuant to division (c) of this section with an owner or lessor of a location;
(2) That the charitable instant bingo organization has entered into a written contract pursuant to division (c) of this section with a new owner or lessor of a location;
(3) That the charitable instant bingo organization is aware of conduct by the owner or lessor of a location at which instant bingo is conducted that is in violation of Ohio R.C. Chapter 2915.
(g) Division (d) of this section does not apply to a volunteer firefighter's organization that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(C)(3), that conducts instant bingo other than at a bingo session on the premises where the organization conducts firefighter training, that has conducted instant bingo continuously for at least five years prior to July 1, 2003, and that, during each of those five years, had gross receipts of at least one million five hundred thousand dollars ($1,500,000).
(ORC 2915.093)
(h) (1) A veteran's organization, a fraternal organization, or a sporting organization authorized to conduct a bingo session pursuant to Ohio R.C. Chapter 2915 may conduct instant bingo other than at a bingo session if all of the following apply:
A. The veteran's organization, fraternal organization, or sporting organization limits the sale of instant bingo to 12 hours during any day, provided that the sale does not begin earlier than 10:00 a.m. and ends not later than 2:00 a.m.
B. The veteran's organization, fraternal organization, or sporting organization limits the sale of instant bingo to its own premises and to its own members and invited guests.
C. The veteran's organization, fraternal organization, or sporting organization is raising money for an organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c)(3), and that is in good standing in this State and executes a written contract with that organization as required in division (h)(2) of this section.
(2) If a veteran's organization, fraternal organization, or sporting organization authorized to conduct instant bingo pursuant to division (h)(1) of this section is raising money for another organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c), and that is in good standing in this State, the veteran's organization, fraternal organization, or sporting organization shall execute a written contract with the organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c), and that is in good standing in this State in order to conduct instant bingo. That contract shall include a statement of the percentage of the net proceeds that the veteran's, fraternal, or sporting organization will be distributing to the charitable organization that is described in IRC 509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this State, that is exempt from federal income taxation under IRC 501(a) and described in IRC 501(c), and that is in good standing in this State.
(3) A. If a veteran's organization, fraternal organization, or sporting organization authorized to conduct instant bingo pursuant to division (h)(1) of this section has been issued a liquor permit under Ohio R.C. Chapter 4303, that permit may be subject to suspension, revocation, or cancellation if the veteran's organization, fraternal organization, or sporting organization violates a provision of this chapter or Ohio R.C. Chapter 2915.
B. No veteran's organization, fraternal organization, or sporting organization that enters into a written contract pursuant to division (h)(2) of this section shall violate any provision of this chapter or Ohio R.C. Chapter 2915, or permit, aid, or abet any other person in violating any provision of this chapter or Ohio R.C. Chapter 2915.
(4) A veteran's organization, fraternal organization, or sporting organization shall give all required proceeds earned from the conduct of instant bingo to the organization with which the veteran's organization, fraternal organization, or sporting organization has entered into a written contract.
(5) Whoever violates division (h) 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 (h) of this section, illegal instant bingo conduct is a felony to be prosecuted under appropriate State law.
(ORC 2915.13)
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